HARBOURS AMENDMENT BILL (NO. 2) 1993
Queensland HARBOURS AMENDMENT BILL (No. 2) 1993
Queensland HARBOURS AMENDMENT BILL (No. 2) 1993 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Insertion of new Part 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 PART 7A--SETTING OF HARBOUR DUES BY BOARDS 136B Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 136C Changes in harbour dues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 136D Notice of recommendation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 136E Copies of approved recommendations to be available . . . . . . . . . . . 5 136F When approved recommendations commence . . . . . . . . . . . . . . . . . 5 136G Approved recommendations to prevail over by-laws . . . . . . . . . . . . 5 5 Insertion of new Part 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 PART 11--TRANSITIONAL PROVISIONS ABOUT THE ESTABLISHMENT OF THE PORTS CORPORATION 211 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 212 Establishment of Ports Corporation . . . . . . . . . . . . . . . . . . . . . . . . . . 6 213 Responsibility for harbours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 214 Transfer of assets and liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 215 Land designation of Ports Corporation . . . . . . . . . . . . . . . . . . . . . . . . 7 216 Certain acts of Harbours Corporation valid . . . . . . . . . . . . . . . . . . . . 7 217 Proceedings started by or against Harbours Corporation . . . . . . . . . 8 218 Transfer of staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 219 Preservation of superannuation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
2 Harbours Amendment (No. 2) 220 Right of return to public service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 221 References to Harbours Corporation . . . . . . . . . . . . . . . . . . . . . . . . . . 10 222 Expiry of certain provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
1993 A BILL FOR An Act to amend the Harbours Act 1955
4 Harbours Amendment (No. 2) The Parliament of Queensland enacts-- 1 title 2 Short This Act may be cited as the Harbours Amendment Act (No. 2) 3 Clause1. 1993. 4 5 Commencement Clause2. Section 5 is taken to have commenced on 1 July 1993. 6 Act 7 Amended The Harbours Act 1955 is amended as set out in this Act. 8 Clause3. of new Part 7A 9 Insertion After Part 7-- 10 Clause4. insert-- 11 PART 7A--SETTING OF HARBOUR DUES BY 12 ` BOARDS 13 14 `Guidelines `136B. A regulation may prescribe guidelines to be followed for 15 recommendations made under section 136C. 16 in harbour dues 17 `Changes `136C.(1) The Minister may approve a recommendation of a Board-- 18 (a) that existing harbour dues for a harbour (a "Board harbour") 19 for which the Board is established be amended in a specified way 20 (whether by increasing or decreasing their rates or otherwise); or 21 (b) that specified new harbour dues for a Board harbour be levied or 22
5 Harbours Amendment (No. 2) charged; or 1 (c) that specified existing harbour dues for a Board harbour be 2 abandoned. 3 `(2) The approval may be given only if the Minister is satisfied that the 4 Board's recommendation is in accordance with the guidelines in force under 5 section 136B. 6 `(3) If the Board's recommendation is not in accordance with the 7 guidelines, the Governor in Council may approve the recommendation. 8 of recommendation 9 `Notice `136D. If the Minister or the Governor in Council approves a 10 recommendation of a Board, the Board must cause a notice describing the 11 general effect of the recommendation to be published at least once in a 12 newspaper generally circulating in the locality to which the recommendation 13 relates. 14 of approved recommendations to be available 15 `Copies `136E. If the Minister or the Governor in Council approves a 16 recommendation of a Board, the Board must ensure that copies of the 17 recommendation are available for inspection and purchase (at reasonable 18 cost) at its offices in the locality to which the recommendation relates. 19 approved recommendations commence 20 `When `136F. An approved recommendation commences on the day the first 21 notice under section 136D is published for the recommendation. 22 recommendations to prevail over by-laws 23 `Approved `136G. If an approved recommendation is inconsistent with a by-law, 24 the approved recommendation prevails to the extent of the inconsistency.'. 25
6 Harbours Amendment (No. 2) of new Part 11 1 Insertion Clause5. After section 210-- 2 insert-- 3 `PART 11--TRANSITIONAL PROVISIONS ABOUT 4 THE ESTABLISHMENT OF THE PORTS 5 CORPORATION 6 7 `Definitions `211. In this Part-- 8 "amending Act" means the Harbours Amendment Act (No. 2) 1993; 9 "Order" means the Harbours (Ports Corporation) Order 1993; 10 "transferred assets and liabilities" means the assets and liabilities 11 mentioned in section 214; 12 "transferred employee" means an employee of the Ports Corporation to 13 whom section 218(1) applies; 14 "transferred harbour" means a harbour mentioned in section 213(2). 15 of Ports Corporation 16 `Establishment `212. The Order is taken to have validly established a harbour board 17 called the Ports Corporation of Queensland. 18 for harbours 19 `Responsibility `213.(1) The Order is taken to have transferred, on 1 July 1993, 20 responsibility for the harbours specified in subsection (2) from the 21 Harbours Corporation to the Ports Corporation. 22 `(2) The harbours for which responsibility is taken to have been 23 transferred are-- 24 · Abbot Point 25 · Burketown 26 · Cape Flattery 27
7 Harbours Amendment (No. 2) · Cooktown 1 · Hay Point 2 · Innisfail 3 · Karumba 4 · Lucinda 5 · Margaret Bay 6 · Maryborough 7 · Port Kennedy 8 · Quintell Beach 9 · St. Lawrence 10 · Weipa. 11 of assets and liabilities 12 `Transfer `214.(1) The Order is also taken to have transferred, on 1 July 1993, all 13 the property and other assets, and all the liabilities, of the Harbours 14 Corporation that relate to the transferred harbours to the Ports Corporation. 15 `(2) Subsection (1) extends to agreements to which the Harbours 16 Corporation was a party and to any associated guarantees. 17 `(3) The necessary adjustments must be made to any register of property 18 dealings to take account of the transfer of the assets and liabilities. 19 `(4) Stamp duty and other fees are not payable for the change in the 20 ownership of the assets. 21 designation of Ports Corporation 22 `Land `215. All land in which the Ports Corporation gains an interest by the 23 Order keeps its previous designation under section 62A. 24 acts of Harbours Corporation valid 25 `Certain `216. An act done or omitted to be done on or after 1 July 1993, and 26 before the commencement of the amending Act, by the Harbours 27
8 Harbours Amendment (No. 2) Corporation is taken to be an act done or omitted to be done by the Ports 1 Corporation if it relates to a transferred harbour or the transferred assets and 2 liabilities. 3 started by or against Harbours Corporation 4 `Proceedings `217.(1) A proceeding is taken to have been started by, or may be 5 continued against, the Ports Corporation if it-- 6 (a) is started or continued by or against the Harbours Corporation on 7 or after 1 July 1993 and before the commencement of the 8 amending Act; and 9 (b) is pending at the commencement of the amending Act; and 10 (c) relates to-- 11 (i) a transferred harbour or the transferred assets and liabilities; 12 or 13 (ii) anything done, or omitted to be done, by the Harbours 14 Corporation in relation to a transferred harbour or the 15 transferred assets and liabilities. 16 `(2) An act done on or after 1 July 1993, and before the commencement 17 of the amending Act, by the Harbours Corporation for a legal proceeding 18 mentioned in subsection (1) is taken to have been done by the Ports 19 Corporation. 20 of staff 21 `Transfer `218.(1) Each person who, at the end of 31 December 1993, is an officer 22 of the public service and seconded to the Ports Corporation ceases to be an 23 officer of the public service on 1 January 1994 and becomes an employee 24 of the Ports Corporation. 25 `(2) The person's terms of employment must, on 1 January 1994, be not 26 less favourable than the terms of employment that applied to the person on 27 31 December 1993. 28 `(3) The person-- 29 (a) keeps the entitlements that have accrued to the person because of 30 employment in the public service; and 31
9 Harbours Amendment (No. 2) (b) continues to accrue entitlements as an employee of the Ports 1 Corporation as if the person were continuing to serve as an officer 2 of the public service. 3 of superannuation 4 `Preservation `219.(1) This section applies to a transferred employee who was, at the 5 end of 31 December 1993, a contributor to the State Service Superannuation 6 Fund or a member of the State Public Sector Superannuation Scheme. 7 `(2) The person continues to be a contributor to the State Service 8 Superannuation Fund or a member of the State Public Sector 9 Superannuation Scheme and, for that purpose, is taken to be an officer 10 within the meaning of the State Service Superannuation Act 1972 or eligible 11 for membership of the scheme under the Superannuation (State Public 12 Sector) Act 1990. 13 `(3) However, if-- 14 (a) the Ports Corporation later establishes or takes part in a 15 superannuation scheme for the benefit of its employees (other 16 than the State Service Superannuation Fund or the State Public 17 Sector Superannuation Scheme); and 18 (b) a person continued to be a contributor to the fund, or a member of 19 the scheme, under subsection (2); 20 the person may, under arrangements prescribed by regulation, stop being a 21 contributor or member and become a member of the scheme mentioned in 22 paragraph (a). 23 of return to public service 24 `Right `220.(1) A transferred employee may, on or after 1 January 1994 and 25 before the end of 1 year after the Ports Corporation becomes a GOC within 26 the meaning of the Government Owned Corporations Act 1993, elect to 27 re-become an officer of the public service. 28 `(2) If a person re-becomes an officer of the public service under 29 subsection (1)-- 30 (a) the person's initial terms of employment must not be less 31 favourable than the terms of employment that applied to the 32
10 Harbours Amendment (No. 2) person on 31 December 1993; and 1 (b) for superannuation and leave entitlements, the person is treated 2 as-- 3 (i) not having left the public service when the person became an 4 employee of the Ports Corporation; and 5 (ii) having been an officer of the public service while the person 6 is an employee of the Ports Corporation. 7 to Harbours Corporation 8 `References `221.(1) If a reference in an Act or document to the Harbours 9 Corporation applies to a harbour mentioned in section 213(2), the reference 10 is, for that application, a reference to the Ports Corporation. 11 `(2) A reference in the Aurukun Associates Agreement Act 1975 to the 12 Harbours Corporation is a reference to the Ports Corporation. 13 of certain provisions 14 `Expiry `222. Sections 212 to 217 expire on 1 January 1994.'. 15 16 © State of Queensland 1993