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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Mt. Gravatt Showgrounds
Amendment Bill 2011
Queensland
Mt. Gravatt Showgrounds Amendment
Bill 2011
Contents
Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of s 4 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Amendment of s 6 (Membership of trust) . . . . . . . . . . . . . . . . . . . 4
6 Insertion of new ss 6A to 6F. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
6A Nominations by Brisbane City Council or society. . . . 5
6B Nominations by association or group representative
of community interest . . . . . . . . . . . . . . . . . . . . . . . . . 6
6C Failure to nominate within particular time or failure to
nominate councillor . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6D Failure to have regard to balanced gender
representation ..................... 7
6E Matters Minister must have regard to for
appointment ..................... 8
6F No inconsistency with Anti-Discrimination Act 1991. . 8
7 Amendment of s 7 (Appointment of members of trust). . . . . . . . . 9
8 Amendment of s 10 (Disqualification for membership of trust). . . 9
9 Replacement of s 11 (Vacating member's office) . . . . . . . . . . . . . 9
11 Vacating member's office . . . . . . . . . . . . . . . . . . . . . . 10
10 Amendment of s 12 (Removal from office) . . . . . . . . . . . . . . . . . . 10
11 Amendment of s 13 (Casual vacancies). . . . . . . . . . . . . . . . . . . . 10
12 Insertion of new s 13A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
13A Appointment of chairperson of trust . . . . . . . . . . . . . 11
13 Amendment of s 14 (Proceedings of trust). . . . . . . . . . . . . . . . . . 11
14 Amendment of s 21 (Powers of trust) . . . . . . . . . . . . . . . . . . . . . . 11
15 Amendment of s 23 (Rights of society) . . . . . . . . . . . . . . . . . . . . 12
Mt. Gravatt Showgrounds Amendment Bill 2011
Contents
16 Amendment of s 25 (By-laws) . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
17 Insertion of new pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Part 6 Transitional provisions for the Mt. Gravatt
Showgrounds Amendment Act 2011
Division 1 Preliminary
29 Definitions for pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Division 2 Continuation of membership and office holders
30 Members of trust continue in office . . . . . . . . . . . . . . 13
31 Chairperson and deputy chairperson continue in
office ............................ 13
32 Removal of member . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Division 3 Nomination process etc. before dissolution of
membership of trust
33 Action may be taken to appoint members of trust . . . 14
Division 4 Dissolution of membership of trust
34 Dissolution of membership of trust . . . . . . . . . . . . . . . 14
Page 2
2011
A Bill
for
An Act to amend the Mt. Gravatt Showgrounds Act 1988 for
particular purposes
Mt. Gravatt Showgrounds Amendment Bill 2011
[s 1]
The Parliament of Queensland enacts-- 1
Clause 1 Short title 2
This Act may be cited as the Mt. Gravatt Showgrounds 3
Amendment Act 2011. 4
Clause 2 Commencement 5
Section 17, to the extent it inserts part 6, division 4, 6
commences on a day to be fixed by proclamation. 7
Clause 3 Act amended 8
This Act amends the Mt. Gravatt Showgrounds Act 1988. 9
Clause 4 Amendment of s 4 (Interpretation) 10
(1) Section 4, heading, `Interpretation'-- 11
omit, insert-- 12
`Definitions'. 13
(2) Section 4-- 14
insert-- 15
`commencement, for part 6, see section 29. 16
pre-amended Act, for part 6, see section 29.'. 17
Clause 5 Amendment of s 6 (Membership of trust) 18
(1) Section 6(1)(a) to (c)-- 19
omit, insert-- 20
`(a) 2 persons, each of whom is recommended for 21
appointment to the trust by the Minister-- 22
(i) from persons nominated for appointment by 23
Brisbane City Council; or 24
Page 4
Mt. Gravatt Showgrounds Amendment Bill 2011
[s 6]
(ii) under section 6C or 6D; and 1
(b) 3 persons, each of whom is recommended for 2
appointment to the trust by the Minister-- 3
(i) from persons nominated for appointment by the 4
society; or 5
(ii) under section 6C or 6D; and'. 6
(2) Section 6(1)(d), `selected'-- 7
omit, insert-- 8
`recommended for appointment to the trust'. 9
(3) Section 6(1)(d)-- 10
renumber as section 6(1)(c). 11
(4) Section 6(3), `selection pursuant to subsection (1)(d)'-- 12
omit, insert-- 13
`recommendation under subsection (1)(c)'. 14
(5) Section 6-- 15
insert-- 16
`(4) One of the persons recommended by the Minister under 17
subsection (1)(a)(i) must be the person mentioned in section 18
6A(4).'. 19
Clause 6 Insertion of new ss 6A to 6F 20
After section 6-- 21
insert-- 22
`6A Nominations by Brisbane City Council or society 23
`(1) This section applies if-- 24
(a) Brisbane City Council is nominating persons for 25
appointment to the trust under section 6(1)(a)(i); or 26
(b) the society is nominating persons for appointment to the 27
trust under section 6(1)(b)(i). 28
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Mt. Gravatt Showgrounds Amendment Bill 2011
[s 6]
`(2) There is no upper limit on the number of persons Brisbane 1
City Council or the society may nominate for appointment. 2
`(3) Brisbane City Council or the society must-- 3
(a) make any nomination at least 3 months before the end of 4
the period of membership of the whole number of 5
members of the trust appointed under section 7; and 6
(b) in nominating a person for appointment-- 7
(i) have regard to the range of skills, expertise and 8
experience necessary or desirable for members of 9
the trust; and 10
(ii) have regard to the need for balanced gender 11
representation in the membership of the trust and 12
nominate men and women. 13
`(4) Also, Brisbane City Council must nominate the person elected 14
for the time being as councillor of Brisbane City Council who 15
represents the ward of Brisbane in which the showgrounds are 16
situated. 17
`(5) Subsection (3)(b) does not apply to the nomination of the 18
councillor under subsection (4). 19
`6B Nominations by association or group representative 20
of community interest 21
`(1) This section applies if an association or group is nominating 22
persons for appointment to the trust on the invitation of the 23
Minister under section 6(3). 24
`(2) There is no upper limit on the number of persons the 25
association or group may nominate for appointment. 26
`(3) The association or group must-- 27
(a) make a nomination within a time fixed by the Minister; 28
and 29
(b) in nominating a person for appointment-- 30
(i) have regard to the range of skills, expertise and 31
experience necessary or desirable for members of 32
the trust; and 33
Page 6
Mt. Gravatt Showgrounds Amendment Bill 2011
[s 6]
(ii) have regard to the need for balanced gender 1
representation in the membership of the trust and 2
nominate men and women. 3
`6C Failure to nominate within particular time or failure to 4
nominate councillor 5
`(1) This section applies if-- 6
(a) Brisbane City Council-- 7
(i) does not make a nomination of 1 or both of the 2 8
persons for the purpose of section 6(1)(a)(i); or 9
(ii) does not nominate the person mentioned in section 10
6A(4); 11
within the time mentioned in section 6A(3)(a); or 12
(b) the society does not nominate 1 or more of the 3 persons 13
for the purpose of section 6(1)(b)(i), within the time 14
mentioned in section 6A(3)(a). 15
`(2) The Minister may recommend a person, whom the Minister 16
considers appropriate, for appointment to the trust in place of 17
a person Brisbane City Council or the society could have 18
nominated for appointment. 19
`(3) If subsection (1)(a)(ii) applies, the Minister must recommend 20
the person mentioned in section 6A(4).'. 21
`6D Failure to have regard to balanced gender 22
representation 23
`(1) This section applies if-- 24
(a) either-- 25
(i) Brisbane City Council makes a nomination for the 26
purpose of section 6(1)(a)(i); or 27
(ii) the society makes a nomination for the purpose of 28
section 6(1)(b)(i); and 29
(b) the Minister considers that the nomination does not 30
comply with section 6A(3)(b)(ii). 31
Page 7
Mt. Gravatt Showgrounds Amendment Bill 2011
[s 6]
`(2) The Minister may-- 1
(a) refuse to recommend a person, nominated by Brisbane 2
City Council or the society, for appointment as a 3
member of the trust; and 4
(b) recommend another person, whom the Minister 5
considers appropriate, for appointment as a member of 6
the trust in place of a person nominated for appointment 7
by Brisbane City Council or the society. 8
`(3) The power of the Minister to refuse to recommend a person 9
for appointment as a member of the trust under subsection 10
(2)(a) is in addition to, and does not limit, a power the 11
Minister may exercise under section 9. 12
`6E Matters Minister must have regard to for 13
appointment 14
`In recommending a person for appointment to the trust the 15
Minister must have regard to-- 16
(a) the range of skills, expertise and experience necessary 17
or desirable for members of the trust; and 18
(b) the need for balanced gender representation in the 19
membership of the trust. 20
`6F No inconsistency with Anti-Discrimination Act 1991 21
`To remove any doubt, it is declared that-- 22
(a) a requirement in relation to the need for balanced gender 23
representation in the membership of the trust under 24
section 6A, 6B, 6D or 6E is not unlawful discrimination 25
on the basis of sex for the Anti-Discrimination Act 1991; 26
and 27
(b) the making of a decision or the doing of another act that 28
is necessary to comply with, or is specifically authorised 29
by, section 6A, 6B, 6D or 6E is not inconsistent with the 30
Anti-Discrimination Act 1991.'. 31
Page 8
Mt. Gravatt Showgrounds Amendment Bill 2011
[s 7]
Clause 7 Amendment of s 7 (Appointment of members of trust) 1
(1) Section 7(1), `, other than the member ex officio'-- 2
omit. 3
(2) Section 7(2), `, other than the member ex officio'-- 4
omit. 5
Clause 8 Amendment of s 10 (Disqualification for membership of 6
trust) 7
(1) Section 10-- 8
insert-- 9
`(3A) A person who is a member of the Commonwealth or State 10
Parliament or a councillor of a local government, other than 11
the councillor mentioned in section 6A(4), is disqualified for 12
appointment as a member of the trust.'. 13
(2) Section 10(4), `4 penalty units'-- 14
omit, insert-- 15
`10 penalty units'. 16
(3) Section 10(5), `1 penalty unit'-- 17
omit, insert-- 18
`2 penalty units'. 19
(4) Section 10(3A) to (5)-- 20
renumber as section 10(4) to (6). 21
(5) Section 10-- 22
insert-- 23
`(7) The maximum penalty to which a person is liable under 24
subsection (6) is 20 penalty units.'. 25
Clause 9 Replacement of s 11 (Vacating member's office) 26
Section 11-- 27
omit, insert-- 28
Page 9
Mt. Gravatt Showgrounds Amendment Bill 2011
[s 10]
`11 Vacating member's office 1
`The office of a member of the trust becomes vacant if-- 2
(a) the member resigns office by signed notice given to the 3
Minister; or 4
(b) the member is removed from office under section 12; or 5
(c) for a member who is the councillor mentioned in section 6
6A(4)--the member stops being that councillor.'. 7
Clause 10 Amendment of s 12 (Removal from office) 8
Section 12(1), `, other than the member ex officio,'-- 9
omit. 10
Clause 11 Amendment of s 13 (Casual vacancies) 11
(1) Section 13(1)-- 12
omit, insert-- 13
`(1) Where a vacancy occurs in the office of a member of the trust, 14
another person who is not disqualified for membership under 15
section 10 may be nominated or recommended under sections 16
6 to 6E and appointed to fill the vacancy. 17
`(1A) However, if the vacancy occurs under section 11(c), only the 18
person who is presently the councillor mentioned in section 19
6A(4) may be nominated or recommended for appointment. 20
`(1B) For subsection (1), sections 6A to 6E apply with any 21
necessary or convenient changes. 22
`(1C) Also, for applying section 6A(3)(a) for this section, the 23
paragraph is taken to require that any nomination be made 24
before the date stated in a written notice given to the Brisbane 25
City Council or society by the Minister.'. 26
(2) Section 13(1A) to (2)-- 27
renumber as section 13(2) to (5). 28
Page 10
Mt. Gravatt Showgrounds Amendment Bill 2011
[s 12]
Clause 12 Insertion of new s 13A 1
After section 13-- 2
insert-- 3
`13A Appointment of chairperson of trust 4
`(1) This section applies if-- 5
(a) the members of the trust are newly appointed under 6
section 7; or 7
(b) the office of the chairperson of the trust becomes vacant. 8
`(2) At the next meeting of the trust, the members must nominate 9
at least 2 members to be the chairperson. 10
`(3) A member of the trust chosen by the members present at the 11
meeting is to preside at the meeting. 12
`(4) The trust must give the nominations to the Minister within 14 13
days after the meeting. 14
`(5) The Minister must appoint 1 of the nominees as chairperson 15
of the trust by written notice given to the trust.'. 16
Clause 13 Amendment of s 14 (Proceedings of trust) 17
Section 14(1), from `chairperson' to `deputy chairperson'-- 18
omit, insert-- 19
`deputy chairperson of the trust'. 20
Clause 14 Amendment of s 21 (Powers of trust) 21
(1) Section 21(d), after `persons'-- 22
insert-- 23
`, including, for example, the right of the society to use the 24
showgrounds to conduct an annual district show under section 25
23'. 26
(2) Section 21-- 27
insert-- 28
Page 11
Mt. Gravatt Showgrounds Amendment Bill 2011
[s 15]
`(2) Before letting, leasing or permitting the use of the 1
showgrounds, or any part of the showgrounds, to or by an 2
entity other than the society for a period that will include the 3
period of 2 weeks for conducting the annual district show 4
mentioned in section 23(1), the trust must consult with the 5
society.'. 6
Clause 15 Amendment of s 23 (Rights of society) 7
(1) Section 23(1), `sole'-- 8
omit. 9
(2) Section 23-- 10
insert-- 11
`(3) The society's right to occupation of the showgrounds under 12
subsection (1) is subject to a right granted by the trust to an 13
entity, other than the society, under section 21(1)(d).'. 14
Clause 16 Amendment of s 25 (By-laws) 15
Section 25(2), `4 penalty units'-- 16
omit, insert-- 17
`10 penalty units'. 18
Clause 17 Insertion of new pt 6 19
After section 28-- 20
insert-- 21
Page 12
Mt. Gravatt Showgrounds Amendment Bill 2011
[s 17]
`Part 6 Transitional provisions for the 1
Mt. Gravatt Showgrounds 2
Amendment Act 2011 3
`Division 1 Preliminary 4
`29 Definitions for pt 6 5
`In this part-- 6
commencement means the commencement of this section. 7
pre-amended Act means this Act as in force before the 8
commencement of this section. 9
`Division 2 Continuation of membership and 10
office holders 11
`30 Members of trust continue in office 12
`(1) This section applies to a person who, immediately before the 13
commencement, was a member of the trust under the 14
pre-amended Act. 15
`(2) The person continues in office as a member of the trust until 16
the membership of the trust is dissolved under section 34. 17
`31 Chairperson and deputy chairperson continue in 18
office 19
`(1) This section applies to the member of the trust who, 20
immediately before the commencement, was the chairperson 21
or deputy chairperson of the trust under the pre-amended Act. 22
`(2) The member continues in office as the chairperson or deputy 23
chairperson of the trust until membership of the trust is 24
dissolved under section 34. 25
Page 13
Mt. Gravatt Showgrounds Amendment Bill 2011
[s 17]
`32 Removal of member 1
`Sections 30 and 31 apply subject to the member being 2
removed from office under section 12. 3
`Division 3 Nomination process etc. before 4
dissolution of membership of trust 5
`33 Action may be taken to appoint members of trust 6
`(1) Action may be taken under this Act and this Act applies for 7
the purpose of the appointment of members of the trust that is 8
to take effect on the dissolution day. 9
`(2) For applying section 6A(3)(a) for this section, the paragraph is 10
taken to require that any nomination be made before the date 11
stated in a written notice given to the Brisbane City Council or 12
society by the Minister. 13
`(3) In this section-- 14
dissolution day means the day division 4 commences.'. 15
`Division 4 Dissolution of membership of trust 16
`34 Dissolution of membership of trust 17
`On the commencement of this division, the members of the 18
trust who continued in office under section 30 go out of 19
office.'. 20
21
© State of Queensland 2011
Page 14
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