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Queensland
TREASURY LEGISLATION
AMENDMENT BILL 2002
Queensland
TREASURY LEGISLATION AMENDMENT
BILL 2002
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
PART 2--AMENDMENT OF DUTIES ACT 2001
3 Act amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of s 9 (What is a "dutiable transaction"). . . . . . . . . . . . . . . . . . 6
PART 3--AMENDMENT OF ELECTRICITY ACT 1994
5 Act amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6 Amendment of s 23 (Types of customers). . . . . . . . . . . . . . . . . . . . . . . . . . . 7
7 Amendment of s 64N (Appointment of panel of energy arbitrators) . . . . . . 7
8 Insertion of new s 254AB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
254AB Meaning of particular terms for a relevant body corporate . . . . . . . 7
9 Amendment of ch 14 (Transitional) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
10 Amendment of sch 5 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
PART 4--AMENDMENT OF GAS ACT 1965
11 Act amended in pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
12 Amendment of s 5 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
13 Amendment of s 33A (Meaning of "contestable consumer") . . . . . . . . . . . . 10
14 Amendment of s 33B (Meaning of "non-contestable consumer") . . . . . . . . 10
15 Insertion of new pt 5, divs 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Division 2--Contestable consumers
33BA New or replacement premises of same registered owner. . . . . . . . . . 11
33BB Subsequent registered owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
2
Treasury Legislation Amendment Bill 2002
33BC Contestable consumer remains contestable consumer despite
consumption or use .................................. 12
Division 3--Contestable consumer certification
Subdivision 1--Application for contestable consumer certification
33BD Applying for certification. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
33BE Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
33BF Issue of certification. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
33BG Refusal of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Subdivision 2--Review of decision to refuse contestable consumer
certification
33BH Consumer may request review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
33BI Procedure for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
33BJ Reviewer may seek advice or information. . . . . . . . . . . . . . . . . . . . . 15
33BK Offence about disclosure of advice or information . . . . . . . . . . . . . . 15
33BL Review decision binding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
16 Insertion of new pt 5, divs 1 and 4 hdgs . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
PART 5--AMENDMENT OF PAYROLL TAX ACT 1971
17 Act amended in pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
18 Amendment of s 5 (Disclosure of information) . . . . . . . . . . . . . . . . . . . . . . 16
19 Amendment of s 10 (Exemption from pay-roll tax) . . . . . . . . . . . . . . . . . . . 16
PART 6--AMENDMENT OF QUEENSLAND COMPETITION
AUTHORITY ACT 1997
20 Act amended in pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
21 Amendment of s 63 (Decision on application) . . . . . . . . . . . . . . . . . . . . . . . 18
22 Amendment of s 187B (Constitution of mediator) . . . . . . . . . . . . . . . . . . . . 18
23 Amendment of s 190 (Constitution of authority) . . . . . . . . . . . . . . . . . . . . . 18
24 Replacement of ss 213 and 214. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Division 1A--Panel of associate members
213 Panel. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
214 Appointment of persons to panel . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
214A Term of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
214B Conditions of appointment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
214C Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
3
Treasury Legislation Amendment Bill 2002
214D Choice of 1 or more associate members for a particular investigation,
mediation or arbitration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
25 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
PART 7--AMENDMENT OF QUEENSLAND TREASURY
CORPORATION ACT 1988
26 Act amended in pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
27 Amendment of s 24 (Provisions of financial arrangements and
other arrangements) ......................................... 21
PART 8--AMENDMENT OF TAXATION ADMINISTRATION
ACT 2001
28 Act amended in pt 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
29 Amendment of s 60 (When commissioner may remit unpaid tax interest and
penalty tax) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
2002
A BILL
FOR
An Act to amend particular Acts administered by the Deputy Premier,
Treasurer and Minister for Sport
s1 6 s4
Treasury Legislation Amendment Bill 2002
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title
Clause 3
This Act may be cited as the Treasury Legislation Amendment Act 2002. 4
2 Commencement
Clause 5
(1) Parts 2 to 4 and 6 to 8 commence on assent. 6
(2) Part 5 commences on 1 November 2002. 7
PART 2--AMENDMENT OF DUTIES ACT 2001 8
3 Act amended in pt 2
Clause 9
This part amends the Duties Act 2001. 10
4 Amendment of s 9 (What is a "dutiable transaction")
Clause 11
Section 9(1)(e)-- 12
omit, insert-- 13
`(e) a vesting of dutiable property-- 14
(i) by, or expressly authorised by, statute law of this or another 15
jurisdiction, whether inside or outside Australia; or 16
(ii) by a court order, of this or another jurisdiction, whether 17
inside or outside Australia;'. 18
s5 7 s9
Treasury Legislation Amendment Bill 2002
PART 3--AMENDMENT OF ELECTRICITY ACT 1994 1
5 Act amended in pt 3
Clause 2
This part amends the Electricity Act 1994. 3
6 Amendment of s 23 (Types of customers)
Clause 4
Section 23-- 5
insert-- 6
`(1A) A "customer" includes a relevant body corporate.'. 7
7 Amendment of s 64N (Appointment of panel of energy
Clause 8
arbitrators) 9
Section 64N(1), `not more than 7'-- 10
omit. 11
8 Insertion of new s 254AB
Clause 12
After section 254AA-- 13
insert-- 14
`254AB Meaning of particular terms for a relevant body corporate 15
`For a relevant body corporate, a reference in this Act-- 16
(a) to a customer's premises or to premises owned or occupied by a 17
customer, is a reference to the premises for which the relevant 18
body corporate is established; and 19
(b) to a customer or person who owns or occupies premises or has 20
the right to use premises, is a reference to the relevant body 21
corporate established for the premises.'. 22
9 Amendment of ch 14 (Transitional)
Clause 23
(1) Chapter 14, heading, after `TRANSITIONAL'-- 24
insert-- 25
`AND VALIDATION PROVISIONS'. 26
s 10 8 s 10
Treasury Legislation Amendment Bill 2002
(2) Chapter 14-- 1
insert-- 2
`PART 4--VALIDATION PROVISION 3
`304 Validation of particular acts by relevant bodies corporate 4
`(1) This section applies to a relevant body corporate that, before the 5
commencement of this section, entered into an agreement to supply and 6
sell electricity for use in the premises for which the body corporate was 7
established. 8
`(2) The agreement and all acts, matters and things done by the body 9
corporate under the agreement are taken to be, and always to have been, as 10
validly made or done, as if the agreement were entered into after the 11
commencement.'. 12
10 Amendment of sch 5 (Dictionary)
Clause 13
(1) Schedule 5-- 14
insert-- 15
` "relevant body corporate" means-- 16
(a) a body corporate established under a following Act for 17
premises-- 18
· Body Corporate and Community Management Act 1997 19
· Integrated Resort Development Act 1987 20
· Mixed Use Development Act 1993 21
· Registration of Plans (H.S.P. (Nominees) Pty. Limited) 22
Enabling Act 1980 23
· Registration of Plans (Stage 2) (H.S.P. (Nominees) Pty. 24
Limited) Enabling Act 1984 25
· Sanctuary Cove Resort Act 1985; or 26
(b) a body corporate for a leasehold building units plan established 27
under the South Bank Corporation Act 1989 for the premises the 28
subject of the plan.'. 29
(2) Schedule 5, definition "customer", after `23(1)'-- 30
s 11 9 s 12
Treasury Legislation Amendment Bill 2002
insert-- 1
`or (1A)'. 2
PART 4--AMENDMENT OF GAS ACT 1965 3
11 Act amended in pt 4
Clause 4
This part amends the Gas Act 1965. 5
12 Amendment of s 5 (Definitions)
Clause 6
(1) Section 5, definitions "dry basis", "dry type meter", "heating 7
value", "industrial and commercial", "measured gas", "private 8
purposes", "relief device", "specific gravity", "standard cubic metre of 9
gas", "standard cubic metre of gas (saturated)" and "tolling 10
arrangement"-- 11
omit. 12
(2) Section 5-- 13
insert-- 14
` "contestable consumer certification", for premises, means a 15
certification given under section 33BF(1) for the supply of gas to the 16
premises. 17
"lot", for part 5, division 2, includes a parcel of land. 18
"new non-contestable consumer" see section 33B(2). 19
"party to the review", for part 5, division 2, see section 33BI(1). 20
"registered owner", of a lot, for part 5, division 2, means-- 21
(a) the person recorded in the freehold land register under the Land 22
Title Act 1994 as the person entitled to the fee simple interest in 23
the lot; or 24
(b) a lessee (other than a sublessee), licensee (other than a 25
sublicensee) or permittee of the lot under the Land Act 1994. 26
"relevant fuel gas supplier", for a consumer, means the fuel gas supplier 27
that supplies fuel gas to the consumer-- 28
s 13 10 s 15
Treasury Legislation Amendment Bill 2002
(a) under a franchise; and 1
(b) through a meter owned by the fuel gas supplier. 2
"review decision", for part 5, division 2, see section 33BH(2). 3
"reviewer", for part 5, division 2, see section 33BH(2).'. 4
13 Amendment of s 33A (Meaning of "contestable consumer")
Clause 5
Section 33A(4)-- 6
omit, insert-- 7
`(4) From 1 January 2003, a "contestable consumer" for premises is a 8
consumer who-- 9
(a) under subsections (1) to (3), was a contestable consumer for the 10
premises on 31 December 2002; or 11
(b) under division 2, is a contestable consumer for the premises; or 12
(c) has contestable consumer certification for the premises; or 13
(d) is, under section 33BI(4), taken to have the certification.'. 14
14 Amendment of s 33B (Meaning of "non-contestable consumer")
Clause 15
(1) Section 33B, heading, after `consumer"'-- 16
insert-- 17
`and "new non-contestable consumer" '. 18
(2) Section 33B(1), `, until 31 December 2002,'-- 19
omit. 20
(3) Section 33B(3)-- 21
omit. 22
15 Insertion of new pt 5, divs 2 and 3
Clause 23
After section 33B-- 24
insert-- 25
s 15 11 s 15
Treasury Legislation Amendment Bill 2002
`Division 2--Contestable consumers 1
`33BA New or replacement premises of same registered owner 2
`(1) This section applies if-- 3
(a) under section 33A, a consumer is a contestable consumer for a 4
premises (the "original premises") of the consumer; and 5
(b) the consumer is the registered owner of the lot or lots on which 6
the original premises is situated. 7
`(2) The consumer is also a contestable consumer for-- 8
(a) a premises of the consumer on the lot or lots that replaces, or 9
substantially replaces, the original premises; and 10
(b) any other premises of the consumer on the lot or lots, other than a 11
premises-- 12
(i) existing before the consumer became a contestable 13
consumer for the original premises; and 14
(ii) for which the consumer did not become a contestable 15
consumer when the consumer became a contestable 16
consumer for the original premises. 17
`33BB Subsequent registered owner 18
`(1) This section applies if-- 19
(a) under section 33A, a consumer (the "original consumer") is a 20
contestable consumer for a premises (the "original premises"); 21
and 22
(b) when the original consumer became a contestable consumer for 23
the original premises, the original consumer was the registered 24
owner of the lot or lots on which the premises is situated; and 25
(c) another person (the "new consumer") becomes the registered 26
owner of the lot or lots. 27
`(2) The new consumer is a contestable consumer for the supply of gas 28
to each premises on the lot or lots, other than a premises-- 29
(a) existing before the new consumer became the registered owner of 30
the lot or lots; and 31
s 15 12 s 15
Treasury Legislation Amendment Bill 2002
(b) for which the original consumer did not become a contestable 1
consumer when the original consumer became a contestable 2
consumer for the original premises. 3
`33BC Contestable consumer remains contestable consumer despite 4
consumption or use 5
`If, under this division, a consumer becomes a contestable consumer for 6
a premises, the consumer continues to be a contestable consumer for the 7
premises despite-- 8
(a) the actual consumption of gas for the premises; or 9
(b) the purpose for which the premises is used. 10
`Division 3--Contestable consumer certification 11
`Subdivision 1--Application for contestable consumer certification 12
`33BD Applying for certification 13
`(1) A consumer may apply to the relevant fuel gas supplier for 14
contestable consumer certification for any premises of the consumer. 15
`(2) The application must-- 16
(a) be written; and 17
(b) state the applicant's name and the premises to which the 18
application relates; and 19
(c) be supported by other relevant information, reasonably required 20
by the supplier, to enable it to consider the application. 21
`33BE Deciding application 22
`(1) Within 1 month after receiving the information mentioned in 23
section 33BD(2)(c), the relevant fuel gas supplier must decide whether to 24
grant or refuse the application. 25
`(2) The supplier must decide to grant the application if satisfied-- 26
(a) the consumption of gas, worked out by the supplier, for the 27
premises during a consumption period was the consumption 28
s 15 13 s 15
Treasury Legislation Amendment Bill 2002
(the "prescribed consumption") prescribed under a regulation; 1
or 2
(b) the consumption of gas, estimated by the supplier, for the 3
premises in a future consumption period is the prescribed 4
consumption. 5
`(3) If the supplier does not make a decision under subsection (1) within 6
the relevant period, the supplier is taken to have decided to refuse the 7
application. 8
`(4) In this section-- 9
"consumption period" means any period of 1 year beginning on or after 10
1 July 2001. 11
"future consumption period" means any period of 1 year, whether 12
beginning before, on or after the commencement of this section, that 13
has not ended. 14
"relevant period" means the first of the following periods to end-- 15
(a) 1 month after the supplier receives the information required by 16
the supplier under section 33BD(2)(c); 17
(b) 3 months after the application was made. 18
`33BF Issue of certification 19
`(1) As soon as practicable after deciding to grant the application, the 20
relevant fuel gas supplier must give the applicant the contestable consumer 21
certification for which the application was made. 22
`(2) The certification must be written and state each of the following-- 23
(a) the consumer's name; 24
(b) the premises of the consumer to which the certification applies; 25
(c) that the supplier was satisfied as required under section 33BE(2). 26
`33BG Refusal of application 27
`(1) As soon as practicable after deciding to refuse the application, the 28
relevant fuel gas supplier must give the applicant written notice of the 29
decision. 30
`(2) The notice must state each of the following-- 31
s 15 14 s 15
Treasury Legislation Amendment Bill 2002
(a) the decision; 1
(b) the reasons for the decision; 2
(c) that the applicant may, under section 33BH, ask the Minister or a 3
person appointed by the Minister to review the decision. 4
`Subdivision 2--Review of decision to refuse contestable consumer 5
certification 6
`33BH Consumer may request review 7
`(1) This section applies if a relevant fuel gas supplier-- 8
(a) decides to refuse a consumer's application for contestable 9
consumer certification; or 10
(b) is taken, under section 33BE(3), to have decided to refuse the 11
application. 12
`(2) The consumer may ask the Minister, or a person appointed by the 13
Minister, (the "reviewer") to review the decision and make a decision 14
(the "review decision") as to whether the application should have been 15
granted. 16
`33BI Procedure for review 17
`(1) The reviewer may require the relevant fuel gas supplier or consumer 18
(each a "party to the review") to give the reviewer information reasonably 19
required by the reviewer to make the review decision. 20
`(2) The reviewer must give the parties to the review a reasonable 21
opportunity to make representations to the reviewer before making the 22
review decision. 23
`(3) After considering any representations made by the parties, the 24
reviewer must-- 25
(a) make the review decision; and 26
(b) give the parties a written notice stating-- 27
(i) the review decision; and 28
(ii) the reasons for the review decision. 29
s 15 15 s 15
Treasury Legislation Amendment Bill 2002
`(4) If the review decision is that the application should have been 1
granted, the consumer is taken to have been given, when the review 2
decision was made, the contestable consumer certification for which the 3
application was made. 4
`33BJ Reviewer may seek advice or information 5
`(1) To help the reviewer make the review decision, the reviewer may 6
seek advice or information from any other person. 7
`(2) The matters the reviewer may take into account in making the 8
review decision include any advice or information obtained under 9
subsection (1) for the decision or another review decision the reviewer has 10
been asked to make. 11
`(3) If the reviewer obtains advice or information under subsection (1) 12
for the review decision or, in making the decision, takes into account 13
advice or information the reviewer obtained for another review decision, 14
the reviewer must-- 15
(a) if the advice or information is written, give a copy of it to the 16
parties to the review; or 17
(b) if the advice or information is oral, disclose the substance of the 18
advice to the parties. 19
`33BK Offence about disclosure of advice or information 20
`(1) This section applies if, under section 33BJ, the reviewer gives a 21
copy of advice or information, or discloses the substance of advice or 22
information, to a party to the review. 23
`(2) The party must not disclose the advice or information to another 24
person unless the party has a reasonable excuse. 25
Maximum penalty--20 penalty units. 26
`(3) It is a reasonable excuse for the party to make the disclosure if the 27
disclosure is for the review or an appeal against the review decision. 28
`33BL Review decision binding 29
`(1) The review decision binds each party to the review. 30
s 16 16 s 19
Treasury Legislation Amendment Bill 2002
`(2) A party may not apply for a review of, or appeal against, the 1
decision other than under the Judicial Review Act 1991.'. 2
16 Insertion of new pt 5, divs 1 and 4 hdgs
Clause 3
(1) Part 5, before section 33A, as heading-- 4
insert-- 5
`Division 1--Preliminary'. 6
(2) After section 33BL, as heading-- 7
insert-- 8
`Division 4--Other provisions relating to contestability'. 9
PART 5--AMENDMENT OF PAYROLL TAX ACT 1971 10
17 Act amended in pt 5
Clause 11
This part amends the Pay-roll Tax Act 1971. 12
18 Amendment of s 5 (Disclosure of information)
Clause 13
Section 5(2)(c) and (d)-- 14
renumber as section 5(2)(b) and (c). 15
19 Amendment of s 10 (Exemption from pay-roll tax)
Clause 16
(1) Section 10(2)(j), before `to'-- 17
insert-- 18
`subject to subsections (3) to (7),'. 19
(2) Section 10-- 20
insert-- 21
`(3) The exemption given in subsection (2)(j) does not apply to wages 22
paid or payable to a trainee under a traineeship started with the trainee's 23
employer after the commencement of this subsection (the "current 24
s 19 17 s 19
Treasury Legislation Amendment Bill 2002
traineeship") if, immediately before the current traineeship starts, the 1
trainee had been employed by the employer for a continuous period of at 2
least-- 3
(a) for a full-time employee--3 months; or 4
(b) for a part-time or casual employee--12 months. 5
`(4) Despite subsection (3), the exemption given in subsection (2)(j) 6
applies to wages paid or payable to the trainee under the current traineeship 7
if-- 8
(a) before the commencement of subsection (3), the trainee started, 9
with the employer, a traineeship for a certificate II qualification 10
established under a national program administered under the 11
Australian National Training Authority Act 1992 (Cwlth) 12
(a "certificate II traineeship"); and 13
(b) the current traineeship is a traineeship for a certificate III 14
qualification (a "certificate III traineeship") in the same 15
training package or occupational stream as the certificate II 16
traineeship; and 17
(c) the trainee starts the current traineeship within 1 year after 18
obtaining the certificate II qualification. 19
`(5) Also, despite subsection (3), the exemption given in 20
subsection (2)(j) applies to wages paid or payable to the trainee under the 21
current traineeship if-- 22
(a) after the commencement of subsection (3), the trainee started, 23
with the employer, a certificate II traineeship and 24
subsection (2)(j) applied to wages paid or payable to the trainee 25
under the certificate II traineeship; and 26
(b) the current traineeship is a certificate III traineeship in the same 27
training package as the certificate II traineeship; and 28
(c) the trainee starts the current traineeship within 1 year after 29
obtaining the certificate II qualification. 30
`(6) For subsection (3), the trainee is taken to have been employed by the 31
employer for a continuous period if, in the period, 1 of the following events 32
is effected for the sole or dominant purpose of obtaining the benefit of 33
Commonwealth or State funding, or an exemption under subsection (2)(j), 34
in relation to the traineeship-- 35
(a) the trainee's employment ends, and restarts, with the employer; 36
s 20 18 s 23
Treasury Legislation Amendment Bill 2002
(b) the trainee's employer changes. 1
`(7) For subsections (4)(a) and (5)(a), a reference to the trainee's 2
employer includes a reference to the former owner of the business in which 3
the trainee is employed if-- 4
(a) ownership of the business changes after the trainee starts the 5
certificate II traineeship; and 6
(b) the certificate III traineeship is with the new owner.'. 7
PART 6--AMENDMENT OF QUEENSLAND 8
COMPETITION AUTHORITY ACT 1997 9
20 Act amended in pt 6
Clause 10
This part amends the Queensland Competition Authority Act 1997. 11
21 Amendment of s 63 (Decision on application)
Clause 12
Section 63(3)-- 13
omit. 14
22 Amendment of s 187B (Constitution of mediator)
Clause 15
Section 187B(2)-- 16
omit, insert-- 17
`(2) The mediator, as constituted under subsection (1), must include an 18
associate member chosen, under section 214D(2), for the mediation.'. 19
23 Amendment of s 190 (Constitution of authority)
Clause 20
Section 190(2)-- 21
omit, insert-- 22
`(2) The authority, as constituted under subsection (1), must include an 23
associate member chosen, under section 214D(1), for the arbitration.'. 24
s 24 19 s 24
Treasury Legislation Amendment Bill 2002
24 Replacement of ss 213 and 214
Clause 1
Sections 213 and 214-- 2
omit, insert-- 3
`Division 1A--Panel of associate members 4
`213 Panel 5
`There is to be a panel of associate members. 6
`214 Appointment of persons to panel 7
`(1) The Governor in Council may, by gazette notice, appoint a person as 8
an associate member. 9
`(2) A person is qualified to be recommended by the Minister for 10
appointment as an associate member only if the Minister is satisfied the 11
person is appropriately qualified for appointment because of the person's 12
knowledge of, or experience in, issues relevant to investigations, 13
mediations or arbitrations under this Act. 14
`214A Term of appointment 15
`An associate member may be appointed for a term not longer than 16
5 years. 17
`214B Conditions of appointment 18
`An associate member holds office on the conditions decided by the 19
Governor in Council. 20
`214C Vacation of office 21
`An associate member vacates the member's office if-- 22
(a) the member resigns by signed notice of resignation given to the 23
Minister; or 24
(b) the Governor in Council, by written notice given to the member, 25
removes the member from the panel of associate members. 26
s 25 20 s 25
Treasury Legislation Amendment Bill 2002
`214D Choice of 1 or more associate members for a particular 1
investigation, mediation or arbitration 2
`(1) For a particular investigation or arbitration, the chairperson may 3
choose 1 or more associate members to be a member, or members, of the 4
authority for the investigation or arbitration. 5
`(2) An associate member chosen to be a member of the authority for a 6
particular investigation is taken to be a member of the authority for the 7
exercise of the authority's powers under this Act for the investigation. 8
`(3) For a particular mediation, the chairperson may choose 1 or more 9
associate members to be 1 or more of the persons who constitute the 10
mediator for the mediation.'. 11
25 Amendment of schedule (Dictionary)
Clause 12
(1) Schedule, definition "associate member"-- 13
omit. 14
(2) Schedule-- 15
insert-- 16
` "associate member" means a member of the panel of associate members. 17
"panel of associate members" means the panel of associate members 18
mentioned in section 213.'. 19
(3) Schedule, definition "government agency", `part 3'-- 20
omit, insert-- 21
`parts 3 and 5A'. 22
(4) Schedule, definition "government company", after `State'-- 23
insert-- 24
`or a government agency'. 25
(5) Schedule, definition "member", paragraphs (b) to (c)-- 26
omit, insert-- 27
`(b) for a particular investigation or arbitration--an associate member 28
chosen, under section 214D(1), for the investigation or 29
arbitration.'. 30
(6) Schedule, definition "public facility", from `State' to `water'-- 31
s 26 21 s 27
Treasury Legislation Amendment Bill 2002
omit, insert-- 1
`State or a government agency, and includes a facility owned by a water'. 2
(7) Schedule, definition "water supplier", after `than the State'-- 3
insert-- 4
`or a government agency'. 5
(8) Schedule, definition "water supplier", `local government'-- 6
omit, insert-- 7
`government agency'. 8
PART 7--AMENDMENT OF QUEENSLAND TREASURY 9
CORPORATION ACT 1988 10
26 Act amended in pt 7
Clause 11
This part amends the Queensland Treasury Corporation Act 1988. 12
27 Amendment of s 24 (Provisions of financial arrangements and
Clause 13
other arrangements) 14
(1) Section 24(3), from `Corporation' to `other arrangement'-- 15
omit, insert-- 16
`Corporation or an affiliate, in financial arrangements or other 17
arrangements'. 18
(2) Section 24(4) and (6), after `other arrangements', first mention-- 19
insert-- 20
`entered into by the Corporation or an affiliate, or related arrangements,'. 21
(3) Section 24(4), `the financial arrangements or other arrangements'-- 22
omit, insert-- 23
`the arrangements'. 24
(4) Section 24(4), before `so provide'-- 25
insert-- 26
s 27 22 s 27
Treasury Legislation Amendment Bill 2002
`, or related arrangements,'. 1
(5) Section 24(5), after `other arrangements'-- 2
insert-- 3
`entered into by the Corporation or an affiliate'. 4
(6) Section 24(5), after `waiver by the Corporation'-- 5
insert-- 6
`or affiliate'. 7
(7) Section 24(6), `, that those'-- 8
omit, insert-- 9
`and that the'. 10
(8) Section 24(6), after `output are'-- 11
insert-- 12
`chattels and'. 13
(9) Section 24(6), from `that or any'-- 14
omit, insert-- 15
`the arrangements to someone else.'. 16
(10) Section 24-- 17
insert-- 18
`(7) If financial arrangements or other arrangements entered into by the 19
Corporation or an affiliate, or related arrangements, make provision for a 20
matter mentioned in subsection (6), the provision has effect despite any 21
other law. 22
`(8) In this section-- 23
"related arrangements" means arrangements, entered into by the 24
Corporation, an affiliate or someone else, that give effect to, or are a 25
part of, financial arrangements or other arrangements entered into by 26
the Corporation or an affiliate.'. 27
s 28 23 s 29
Treasury Legislation Amendment Bill 2002
PART 8--AMENDMENT OF TAXATION 1
ADMINISTRATION ACT 2001 2
28 Act amended in pt 8
Clause 3
This part amends the Taxation Administration Act 2001. 4
29 Amendment of s 60 (When commissioner may remit unpaid tax
Clause 5
interest and penalty tax) 6
Section 60-- 7
insert-- 8
`(3) Despite section 26(1), the commissioner is not required to give an 9
assessment notice for the assessment if, after the remission and the 10
application of payments received by the commissioner for the taxpayer's 11
assessment liability, the taxpayer has no assessment liability.'. 12
© State of Queensland 2002
AMENDMENTS TO BILL
1
Treasury Legislation Amendment Bill 2002
TREASURY LEGISLATION AMENDMENT
BILL 2002
AMENDMENT AGREED TO IN COMMITTEE
1 Clause 2--
At page 6, line 7, `November'--
omit, insert--
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