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Queensland
TAB QUEENSLAND LIMITED
PRIVATISATION BILL 1999
Queensland
TAB QUEENSLAND LIMITED
PRIVATISATION BILL 1999
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
Division 1--Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Division 2--TABQ no longer a company GOC
3 TABQ stops being company GOC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Division 3--Object and basic concepts
4 Object . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
5 Meaning of "sale process" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
6 Meaning of "listing day" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
7 Things done by Act Ministers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
PART 2--MANAGEMENT OF SALE PROCESS
Division 1--Application of part 2
8 When pt 2 applies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Division 2--Management of TABQ until listing day
9 Resolutions without meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
10 TABQ's constitution may be amended by Act Ministers . . . . . . . . . . . . . . . 11
11 Act Ministers may require amendment of subsidiary's constitution . . . . . . 11
12 Composition of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
13 Div 2 has effect despite Corporations Law . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Division 3--Sale process
14 Sale of TABQ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
15 Minister's power to execute share transfers . . . . . . . . . . . . . . . . . . . . . . . . . . 12
2
TAB Queensland Limited Privatisation
16 Ministerial control of TABQ for certain purposes . . . . . . . . . . . . . . . . . . . . . 12
17 Act ministers not to be treated as directors of TABQ . . . . . . . . . . . . . . . . . . 12
PART 3--RESTRICTIONS RELATING TO SHAREHOLDING
Division 1--Preliminary
18 Definition for pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
19 When a person is an associate of another . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
20 Relevant interests in shares . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
21 Entitlements to voting shares in TABQ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
22 References to Corporations Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
23 Provision if TABQ's share capital consists of stock . . . . . . . . . . . . . . . . . . . 15
24 Cornerstone investor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
25 Application of pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Division 2--Maximum shareholding restrictions
26 Prohibited shareholding interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
27 Power to require information relating to entitlement to shares in TABQ . . 17
28 Declarations by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
29 Compliance with requirement notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
30 Disposal and forfeiture of shares if prohibited shareholding interest . . . . . . 18
31 Further forfeiture provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
32 Minister must give notice to TABQ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
33 When declarations by Minister have effect . . . . . . . . . . . . . . . . . . . . . . . . . . 20
34 Minister must give reasons etc. for declarations . . . . . . . . . . . . . . . . . . . . . . 20
35 Appeal against declarations of Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
36 Affect of appeals on Minister's declarations . . . . . . . . . . . . . . . . . . . . . . . . . 21
37 Sale of forfeited shares . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Division 3--Restrictions on dealing with shares to which
cornerstone investor entitled
38 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
39 Purported disposal of cornerstone investor's shares ineffective . . . . . . . . . . 23
Division 4--Expiry of part
40 Expiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
PART 4--PROVISIONS ABOUT TABQ'S STAFF
41 Staff's entitlements continue etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
3
TAB Queensland Limited Privatisation
42 Application of certain provisions of GOC Act . . . . . . . . . . . . . . . . . . . . . . . . 24
PART 5--MANDATORY REQUIREMENTS REGARDING TABQ
GROUP COMPANIES' CONSTITUTIONS
43 Application of pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
44 TABQ group companies to have constitutions containing certain
provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
45 Inconsistent alterations to TABQ group companies' constitutions
have no effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
46 Injunctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
47 Other powers of Supreme Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
48 Jurisdiction of Supreme Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
49 Delegation by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
50 Pt 5 overrides Corporations Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
PART 6--MISCELLANEOUS
51 Exemption from State tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
52 Commonwealth tax equivalents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
53 Minister's certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
54 Act does not affect existing legal relationships . . . . . . . . . . . . . . . . . . . . . . 30
55 Act does not limit other powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
56 TABQ directors' immunity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
57 Ministers' immunity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
58 Non-application of certain provisions of GOC Act to TABQ . . . . . . . . . . . . 32
59 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
PART 7--AMENDMENT OF ACTS
Division 1--Amendment of Gaming Machine Act 1991
60 Act amended in div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
61 Amendment of s 77 (Applications for licences under this part) . . . . . . . . . 33
62 Amendment of s 79 (Consideration of applications) . . . . . . . . . . . . . . . . . . 33
Division 2--Amendment of Gaming Machine and Other Legislation
Amendment Act 1999
63 Act amended in div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
64 Omission of s 61 (Amendment of s 79 (Consideration of applications)) . . 34
4
TAB Queensland Limited Privatisation
Division 3--Amendment of Interactive Gambling (Player Protection)
Act 1998
65 Act amended in div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
66 Amendment of s 6 (Meaning of "interactive game") . . . . . . . . . . . . . . . . . . 34
Division 4--Amendment of Racing and Betting Act 1980
67 Act amended in div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
68 Amendment of s 11A (Functions of Queensland Principal Club) . . . . . . . . 35
69 Amendment of s 11B (Powers of Queensland Principal Club) . . . . . . . . . . 35
70 Amendment of s 52 (Functions, powers and duties of Harness
Racing Board) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
71 Amendment of s 93 (Functions, powers and duties of Greyhound
Authority) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Division 5--Amendment of Wagering Act 1998
72 Act amended in div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
73 Amendment of s 65 (Appointment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
74 Amendment of s 71 (Meaning of "wagering management agreement") . . 39
75 Amendment of s 81 (Grounds for directing termination) . . . . . . . . . . . . . . . 40
76 Amendment of s 95 (Meaning of "key employee") . . . . . . . . . . . . . . . . . . . 40
77 Amendment of s 163 (Commission) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
78 Insertion of new s 168A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
168A Wagering authority administration fee . . . . . . . . . . . . . . . . . . . . . . . . 41
79 Amendment of s 169 (Application of wagering tax and authority fee) . . . . 41
80 Amendment of s 170 (Penalty for late payment) . . . . . . . . . . . . . . . . . . . . . 41
81 Amendment of s 171 (Recovery of amounts) . . . . . . . . . . . . . . . . . . . . . . . . 41
82 Amendment of s 172 (Revenue offences) . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
83 Amendment of s 195 (Show cause notice for related agreement) . . . . . . . . 42
84 Amendment of s 206 (Acceptance of wagers) . . . . . . . . . . . . . . . . . . . . . . . 42
85 Amendment of s 213 (Claims for payment of winning bets) . . . . . . . . . . . . 42
86 Amendment of s 302 (Appeals to District Court) . . . . . . . . . . . . . . . . . . . . . 42
87 Amendment of s 306 (Procedures for reviews) . . . . . . . . . . . . . . . . . . . . . . . 42
88 Amendment of s 318 (Application of division) . . . . . . . . . . . . . . . . . . . . . . . 43
89 Amendment of s 319 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
90 Amendment of schedule 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
5
TAB Queensland Limited Privatisation
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 45
DICTIONARY
1999
A BILL
FOR
An Act to provide for the sale of TAB Queensland Limited by the
State, and for other purposes
s1 8 s4
TAB Queensland Limited Privatisation
The Parliament of Queensland enacts-- 1
ART 1--PRELIMINARY 2
P
1--Introduction 3
Division
title 4
Short
1. This Act may be cited as the TAB Queensland Limited Privatisation 5
Act 1999. 6
7
Dictionary
2. The dictionary in the schedule defines particular words used in this 8
Act. 9
Division 2--TABQ no longer a company GOC 10
ABQ stops being company GOC 11
T
3.(1) TABQ is no longer a company GOC and, other than to the extent 12
this Act provides, the GOC Act stops applying to it. 13
(2) Subsection (1) does not affect TABQ's registration under the 14
Corporations Law. 15
Division 3--Object and basic concepts 16
17
Object
4. The object of this Act is to facilitate the sale by the State of TABQ. 18
s5 9 s7
TAB Queensland Limited Privatisation
of "sale process" 1
Meaning
5.(1) The "sale process" is the process relating to the sale of TABQ by 2
the State. 3
(2) The process includes anything connected with or relating to the 4
disposal of all issued shares in TABQ held by a Minister on behalf of the 5
State to persons other than Ministers who, in that capacity, hold the shares 6
on behalf of the State. 7
of "listing day" 8
Meaning
6.(1) The "listing day" is the day and time at which shares in TABQ are 9
listed for quotation on the stock market of the Australian Stock Exchange 10
Limited (ACN 008 624 691). 11
(2) In this section-- 12
"share" includes a unit in a share within the meaning of section 91 of the 13
Corporations Law. 14
done by Act Ministers 15
Things
7.(1) If a thing is required to be, or may be, done under this Act by the 16
Act Ministers, the thing must be done by them jointly. 17
(2) However, if the Act Ministers' offices are held, or the functions of the 18
offices are being performed, by 1 person, the thing may be done by that 19
person alone. 20
(3) Unless the context otherwise requires, a reference in this Act to the 21
Minister is not a reference to the Minister in the capacity of an Act Minister. 22
1 Corporations Law, section 9--
"unit" in relation to a share, debenture or other interest, means a right or
interest, whether legal or equitable, in the share, debenture or other interest,
by whatever term called, and includes an option to acquire such a right or
interest in the share, debenture or other interest.
s8 10 s9
TAB Queensland Limited Privatisation
ART 2--MANAGEMENT OF SALE PROCESS 1
P
1--Application of part 2 2
Division
pt 2 applies 3
When
8. This part applies until the listing day. 4
Division 2--Management of TABQ until listing day 5
without meetings 6
Resolutions
9.(1) If, in relation to TABQ, the Act Ministers sign a document (the 7
"Ministerial document") containing a statement that they are in favour of a 8
resolution stated in the Ministerial document-- 9
(a) a resolution in those terms is taken to have been passed at a 10
general meeting of TABQ held at the time at which, and on the 11
day on which, the Ministerial document is signed by the last Act 12
Minister; and 13
(b) TABQ is taken to have held a general meeting at that time on that 14
day; and 15
(c) the Ministerial document is taken to be a minute of the meeting; 16
and 17
(d) another document, attached to the Ministerial document and 18
signed by the Act Ministers, is taken to have been laid before 19
TABQ at the meeting; and 20
(e) if the resolution deals with all matters required to be dealt with at 21
an annual general meeting of TABQ, TABQ is taken to have held 22
an annual general meeting. 23
(2) Subsection (1) applies to a resolution that is authorised or required by 24
the Corporations Law, or TABQ's constitution, to be passed at a general 25
meeting, including a resolution-- 26
(a) appointing an officer or auditor; or 27
(b) approving of, or agreeing to, anything. 28
s 10 11 s 13
TAB Queensland Limited Privatisation
(3) For subsection (1), 2 or more separate documents containing a 1
statement in identical terms, each of which is signed by an Act Minister, are 2
taken to be a single document. 3
(4) This section has effect for the purposes of the Corporations Law. 4
(5) Subsection (4) does not limit any other effect this section may have. 5
(6) This section does not affect any rule of law providing for the 6
effectiveness of the assent of members of a company given to a document 7
or anything else otherwise than at a general meeting of the company. 8
constitution may be amended by Act Ministers 9
TABQ's
10.(1) The Act Ministers may amend TABQ's constitution. 10
(2) Subsection (1) does not limit any other power to amend the 11
constitution. 12
Ministers may require amendment of subsidiary's constitution 13
Act
11.(1) The Act Ministers may, by notice given to TABQ's board of 14
directors, direct the board to amend the constitution of a TABQ subsidiary. 15
(2) As far as practicable, the board must ensure the direction is complied 16
with. 17
of board 18
Composition
12.(1) TABQ's board of directors is to continue to consist of the number 19
of directors that are appointed by the Governor in Council. 20
(2) In appointing a person as a director, the Governor in Council must 21
have regard to the person's ability to make a contribution to TABQ's 22
commercial performance. 23
(3) Subsection (1) has effect despite TABQ's constitution. 24
2 has effect despite Corporations Law 25
Div
13. This division has effect despite anything in the Corporations Law. 26
s 14 12 s 17
TAB Queensland Limited Privatisation
3--Sale process 1
Division
of TABQ 2
Sale
14.(1) The Act Ministers may do anything necessary or convenient for 3
the sale process. 4
(2) For subsection (1), the Act Ministers may bind the State and other 5
Ministers who hold shares in TABQ on behalf of the State. 6
power to execute share transfers 7
Minister's
15.(1) For the sale process, the Minister may execute on behalf of the 8
State any document transferring shares in TABQ to a person. 9
(2) Subsection (1) applies even if the shares are held on the State's behalf 10
by a Minister other than the Minister. 11
control of TABQ for certain purposes 12
Ministerial
16.(1) In the performance of its functions, TABQ's board of directors is 13
subject to a direction of the Act Ministers given to the board under 14
subsection (2). 15
(2) The Act Ministers may, by notice given to the board, direct the board 16
to do anything the Ministers consider necessary or convenient for the sale 17
process. 18
(3) The Act Ministers must publish a copy of the direction in the gazette 19
within 21 days after giving it to the board. 20
ministers not to be treated as directors of TABQ 21
Act
17.(1) Despite the enactment of section 16 or the exercise of the Act 22
Ministers' powers under the section, an Act Minister must not be treated as 23
a director of TABQ or a person who participates in the management of 24
TABQ. 25
(2) This section has effect despite the Corporations Law. 26
s 18 13 s 19
TAB Queensland Limited Privatisation
ART 3--RESTRICTIONS RELATING TO 1
P
SHAREHOLDING 2
Division 1--Preliminary 3
for pt 3 4
Definition
18. In this part-- 5
"associate" see section 19(1) and (3). 6
"cornerstone investor" means the person prescribed under section 24(1). 7
"prohibited shareholding interest in TABQ" see section 26(1) and (2). 8
a person is an associate of another 9
When
19.(1) For this part, a person is an associate of another-- 10
(a) if the Minister-- 11
(i) considers on reasonable grounds that the person and the 12
other are likely to act in concert for the purpose of taking 13
control of, or exercising significant influence over, TABQ 14
against the public interest; and 15
(ii) by notice given to TABQ, declares the person is an associate 16
of the other; or 17
(b) if the person is an associate of the other within the meaning of 18
part 1.2, division 2 of the Corporations Law as modified by 19
subsection (2). 20
(2) For subsection (1)(b), part 1.2, division 2 of the Corporations Law is 21
modified by omitting sections 13, 14, 16 (2) and 17 of that law and by 22
substituting for paragraphs (b) and (c) of section 12 (1) of that law the 23
following: 24
`or 25
26
(b) the primary person's entitlement, as provided by section 609, to shares in
s 20 14 s 21
TAB Queensland Limited Privatisation
a body corporate.'.2 1
(3) Also, for this part, a person is an associate of another if, under a 2
declaration under section 28(2)(a)3-- 3
(a) the person is declared to be an associate of the other; or 4
(b) the other is declared to be an associate of the person. 5
(4) If the Minister gives notice of a declaration under subsection (1)(a)(ii) 6
to TABQ, the Minister must, at the same time or as soon as practicable after 7
that time, give notice of the declaration to the persons to whom the 8
declaration relates. 9
interests in shares 10
Relevant
20. For this part, a person has a relevant interest in a share only if the 11
person would be taken to have a relevant interest in the share because of 12
Part 1.2, division 5 of the Corporations Law if sections 33 and 35(c) of that 13
law were disregarded.4 14
to voting shares in TABQ 15
Entitlements
21. For this part, the voting shares in TABQ to which a person is entitled 16
include voting shares in TABQ to which the person is entitled under section 17
609 of the Corporations Law, as if in that section-- 18
(a) a reference to an associate were a reference to an associate for this 19
part; and 20
(b) a reference to a relevant interest were a reference to a relevant 21
interest to which section 20 of this Act applies. 22
2 Corporations Law, part 1.2 (Interpretation), division 2 (Associates), sections 12
(Matters relating to voting shares), 13 (References in Chapter 7), 14 (References
in Chapter 8), 16 (Exclusions), 17 (Associates of composite persons) and 609
(Entitlement to shares)
3 Section 28 (Declarations by Minister)
4 Corporations Law, part 1.2 (Interpretation), division 5 (Relevant interests in
shares and securities), sections 33 (Control of prescribed percentage of voting
power in body corporate having power in relation to a share) and 35 (Control of
body corporate having a relevant interest by virtue of section 34)
s 22 15 s 24
TAB Queensland Limited Privatisation
to Corporations Law 1
References
22.(1) A reference in this part to the Corporations Law is a reference to 2
that law as it would apply if references in that law to a body corporate, 3
corporation or company included references to-- 4
(a) a body corporate of any kind wherever formed or incorporated 5
and whether formed or incorporated under that law or any other 6
law; and 7
(b) any unincorporated body that, under the law of its place of 8
formation, may sue or be sued, or may hold property in the name 9
of the secretary or some other officer of the body, or in the name 10
of any trustee or trustees; and 11
(c) any unincorporated body to which is applied, under the laws of 12
the place of its formation, with or without exceptions, a law in 13
force in that place relating to companies or corporations as if it 14
were a company or corporation within the meaning of that law. 15
(2) In this section-- 16
"unincorporated body" means a society, association or other body, 17
wherever formed. 18
if TABQ's share capital consists of stock 19
Provision
23. If the whole or a portion of the share capital of TABQ consists of 20
stock, a reference in this part to a number of shares in TABQ as a 21
percentage is, for an amount of stock, a reference to the amount of stock 22
representing that number of shares. 23
investor 24
Cornerstone
24.(1) A regulation may prescribe a person to be the cornerstone investor 25
for this part. 26
(2) There may be only 1 cornerstone investor at any 1 time. 27
(3) The Governor in Council may make a regulation prescribing a person 28
to be the cornerstone investor only if the person has agreed in writing to be 29
the cornerstone investor. 30
s 25 16 s 26
TAB Queensland Limited Privatisation
of pt 3 1
Application
25.(1) This part applies in relation to TABQ whenever TABQ, or a 2
TABQ subsidiary, holds a wagering licence under the Wagering Act 1998. 3
(2) This part, including any provision of the Corporations Law referred to 4
or applied for this part, applies in relation to a transaction-- 5
(a) whether the transaction is entered into, or made, in the State or 6
elsewhere; and 7
(b) whether the shares, if any, to which the transaction relates are 8
registered in the State or elsewhere; and 9
(c) whether the law governing the transaction is the law of the State 10
or not. 11
Division 2--Maximum shareholding restrictions 12
shareholding interest 13
Prohibited
26.(1) A person, other than the cornerstone investor or an exempt person, 14
has a prohibited shareholding interest in TABQ if the person is entitled to 15
voting shares in TABQ that together constitute more than 10% of the total 16
number of voting shares in TABQ. 17
(2) The cornerstone investor has a prohibited shareholding interest in 18
TABQ if the person is entitled to voting shares in TABQ that together 19
constitute more than the percentage prescribed under a regulation of the total 20
number of voting shares in TABQ. 21
(3) The percentage prescribed under subsection (2) must be less than 22
20%. 23
(4) A person must not have a prohibited shareholding interest in TABQ. 24
(5) In subsection (1)-- 25
"exempt person" means-- 26
(a) the State; 27
(b) a trustee of a trust established by the State for the sale process; 28
s 27 17 s 28
TAB Queensland Limited Privatisation
(c) TABQ; 1
(d) a TABQ subsidiary. 2
to require information relating to entitlement to shares in 3
Power
TABQ 4
27.(1) This section applies if the Minister or TABQ knows, or suspects 5
on reasonable grounds, a person is entitled to shares in TABQ. 6
(2) The Minister or TABQ may, by notice (a "requirement notice") 7
given to the person, require the person, within a reasonable time of at least 7 8
days stated in the notice, to give the Minister or TABQ the information 9
stated in the notice. 10
(3) The purpose of a requirement notice is to help decide whether the 11
person to whom the notice is given or another person has, or is taking action 12
to acquire, a prohibited shareholding interest in TABQ. 13
(4) A requirement notice may require the person to whom it is given, or, 14
if the person is a corporation, 2 directors of the corporation, to verify by 15
statutory declaration any information given under the notice. 16
by Minister 17
Declarations
28.(1) Subsection (2) applies if-- 18
(a) a person given a requirement notice does not comply with the 19
notice; or 20
(b) the Minister considers on reasonable grounds information given 21
by the person in response to the requirement notice is, because of 22
anything included in it or omitted from it, false or misleading in a 23
material particular. 24
(2) The Minister may, by notice given to TABQ, do 1 or more of the 25
following-- 26
(a) declare the person is an associate of another, or another is an 27
associate of the person; 28
(b) declare the person, or another to whom a declaration under 29
paragraph (a) relates, is entitled to stated shares in TABQ; 30
s 29 18 s 30
TAB Queensland Limited Privatisation
(c) declare the person, or another to whom a declaration under 1
paragraph (a) relates, has a prohibited shareholding interest in 2
TABQ. 3
(3) A declaration under subsection (2) has effect for this part. 4
(4) If the Minister gives notice of a declaration under subsection (2) to 5
TABQ, the Minister must, at the same time or as soon as practicable after 6
that time, give notice of the declaration-- 7
(a) to the person to whom the declaration relates; and 8
(b) for a declaration under subsection (2)(c)--to the holder of the 9
shares to which the declaration relates. 10
with requirement notice 11
Compliance
29.(1) A person must comply with a requirement of a requirement notice 12
given to the person. 13
Maximum penalty--200 penalty units. 14
(2) A person must not, in purported compliance with a requirement of a 15
requirement notice given to the person, knowingly give information that is 16
false or misleading in a material particular. 17
Maximum penalty--200 penalty units. 18
and forfeiture of shares if prohibited shareholding interest 19
Disposal
30.(1) Subsection (3) applies if the Minister makes a declaration under 20
section 28(2)(c) that a person (the "prohibited holder") has a prohibited 21
shareholding interest in TABQ. 22
(2) Subsection (3) also applies if the Minister considers on reasonable 23
grounds and, by notice given to TABQ, declares under this subsection, that 24
a person (also the "prohibited holder") has a prohibited shareholding 25
interest in TABQ. 26
(3) The Minister may make the declaration in subsection (4), by notice 27
given-- 28
(a) if the prohibited holder holds voting shares in TABQ to which the 29
holder is entitled--to the prohibited holder; or 30
s 31 19 s 31
TAB Queensland Limited Privatisation
(b) if another person holds voting shares in TABQ to which the 1
prohibited holder is entitled--the other person. 2
(4) The declaration is that the prohibited holder or other person must 3
dispose of the relevant number of those shares, or a stated number of those 4
shares not exceeding the relevant number, otherwise than to the prohibited 5
holder or an associate of the prohibited holder within a stated period of not 6
less than 3 months after the giving of the notice. 7
(5) The relevant number of shares a person may be required to dispose of 8
under subsection (3) is-- 9
(a) subject to paragraph (b), the number of shares held by the person 10
that would need to be so disposed of to cause the prohibited 11
holder to cease to have a prohibited shareholding interest in 12
TABQ; or 13
(b) if, after all the shares in TABQ held by the person to which the 14
prohibited holder is entitled were so disposed of, the prohibited 15
holder would continue to have a prohibited shareholding interest 16
in TABQ--the total number of those shares. 17
(6) For this section, a person is taken to have disposed of shares in 18
TABQ to which a prohibited holder is entitled only if the person ceases to 19
hold the shares and the prohibited holder ceases to be entitled to the shares. 20
(7) If a person given a notice of a declaration under subsection (3) 21
requiring the person to dispose of shares in TABQ does not comply with 22
the notice within the period required by the notice, the shares to which the 23
notice relates are, by force of this subsection, forfeited to the State. 24
forfeiture provision 25
Further
31.(1) This section applies if a transaction is entered into relating to 26
shares in TABQ and-- 27
(a) a person who did not, before the transaction is entered into, have a 28
prohibited shareholding interest in TABQ would have the interest 29
after the transaction; or 30
(b) a person who, before the transaction is entered into, had a 31
prohibited shareholding interest in TABQ would be entitled after 32
the transaction to a greater number of voting shares in TABQ than 33
s 32 20 s 34
TAB Queensland Limited Privatisation
the person was entitled to immediately before the transaction. 1
(2) The transaction is not illegal or void because of this part but the voting 2
shares in TABQ that are the subject of the transaction are subject to 3
forfeiture under subsection (3). 4
(3) The Minister may, by notice given to the parties to the transaction, 5
declare that the voting shares in TABQ that are the subject of the transaction 6
are forfeited to the State. 7
(4) The declaration under subsection (3) takes effect when the notices 8
under that subsection, and section 32, relating to the declaration are given or, 9
if they are given at different times, when the last notice is given. 10
must give notice to TABQ 11
Minister
32. The Minister must give notice of each of the following to TABQ-- 12
(a) a declaration under section 30(3) requiring a person to dispose of 13
voting shares in TABQ; 14
(b) a declaration under subsection 31(3) that voting shares in TABQ 15
are forfeited to the State. 16
declarations by Minister have effect 17
When
33.(1) Subject to subsection (2), a declaration of the Minister under this 18
division is effective when notice of the declaration is given to TABQ 19
irrespective of when or whether notice is given to any other person as 20
provided by this division. 21
(2) Subsection (1) does not apply to a declaration notice of which is given 22
to TABQ under section 32. 23
must give reasons etc. for declarations 24
Minister
34.(1) Notice of a declaration of the Minister under this division given to 25
a person must state-- 26
(a) the reasons for the declaration; and 27
(b) that the person may appeal to the Supreme Court against the 28
declaration; and 29
s 35 21 s 36
TAB Queensland Limited Privatisation
(c) the time in which the person may appeal; and 1
(d) how the person may appeal. 2
against declarations of Minister 3
Appeal
35.(1) TABQ may appeal to the Supreme Court against a declaration of 4
the Minister given under this division. 5
(2) Also, another person to whom notice of the declaration is given, or to 6
whom it is required to be given, under this division may appeal to the 7
Supreme Court against the declaration. 8
(3) An appeal is started by-- 9
(a) filing a notice of appeal with the court; and 10
(b) giving a copy of the notice to the Minister. 11
(4) The notice of appeal must be filed within 21 days after notice of the 12
declaration under appeal is given to the appellant. 13
(5) The period for filing the notice of appeal cannot be extended. 14
(6) If an appeal is started by a person other than TABQ, TABQ is a 15
respondent in addition to the Minister. 16
(7) The court may, on an appeal under this section, if satisfied that proper 17
grounds for making the declaration did not exist, quash or vary the 18
declaration, either conditionally or unconditionally and with effect from the 19
date of the declaration or some other date, as the court considers just. 20
(8) Also, the court may make any consequential or ancillary orders it 21
considers just. 22
of appeals on Minister's declarations 23
Affect
36.(1) Subject to subsection (2), an appeal under section 35 against a 24
declaration of the Minister does not act to stay the operation of the 25
declaration pending the decision of the appeal. 26
(2) However, an appeal under section 35 against either of the following 27
declarations stays the operation of the declaration until the appeal is decided 28
or otherwise dealt with-- 29
s 37 22 s 38
TAB Queensland Limited Privatisation
(a) a declaration under section 30(3) requiring a person to dispose of 1
shares in TABQ; 2
(b) a declaration under section 31(3) that shares in TABQ are 3
forfeited to the State. 4
of forfeited shares 5
Sale
37.(1) The Minister must sell any shares forfeited to the State under this 6
division. 7
(2) For the sale, the Minister is not bound by any restriction on the sale of 8
shares contained in TABQ's constitution. 9
(3) Any money realised from the sale must, after deduction of the 10
reasonable costs of the forfeiture and sale-- 11
(a) if the shares were transferred as a result of a transaction referred 12
to in section 31(1) and the transferor has not received the full 13
consideration agreed on with the transferee--be applied in 14
payment to the transferor of the amount or value of the 15
consideration not received by the transferor and in payment of the 16
balance, if any, to the transferee; or 17
(b) in any other case--be paid to the person from whom the shares 18
were forfeited. 19
Division 3--Restrictions on dealing with shares to which cornerstone 20
investor entitled 21
of div 3 22
Application
38.(1) This division applies for 2 years from the day any person first 23
becomes entitled to voting shares in TABQ in the capacity of a cornerstone 24
investor. 25
(2) Subsection (3) applies when a cornerstone investor first becomes 26
entitled to shares in TABQ in that capacity. 27
(3) The cornerstone investor must immediately advise the Minister in 28
writing of the day the investor acquired the shares. 29
s 39 23 s 40
TAB Queensland Limited Privatisation
(4) On receiving the cornerstone investor's advice, the Minister must, by 1
gazette notice, state the period for which this division applies under 2
subsection (1). 3
(5) This division does not apply to the disposal, under a notice given by 4
the Minister under section 30(3),5 of voting shares in TABQ to which the 5
cornerstone investor is entitled. 6
(6) Also, this division must not be construed to stop the forfeiture to the 7
State, under section 30(7) or 31,6 of voting shares in TABQ to which the 8
cornerstone investor is entitled. 9
disposal of cornerstone investor's shares ineffective 10
Purported
39.(1) A person must not dispose of voting shares in TABQ to which the 11
cornerstone investor is entitled unless the disposal is approved by the 12
Minister. 13
(2) Any purported disposal of the shares in contravention of 14
subsection (1) is of no effect. 15
(3) Any purported registration by TABQ of the transfer of the shares 16
under the purported disposal is of no effect. 17
(4) In giving an approval for subsection (1), the Minister must have 18
regard to the commercial and other interests of the cornerstone investor and 19
TABQ. 20
(5) This section applies despite the Corporations Law. 21
4--Expiry of part 22
Division
23
Expiry
40. This part expires 5 years after it commences. 24
5 Section 30 (Disposal and forfeiture of shares if prohibited shareholding interest)
6 Section 31 (Further forfeiture provision)
s 41 24 s 42
TAB Queensland Limited Privatisation
ART 4--PROVISIONS ABOUT TABQ'S STAFF 1
P
entitlements continue etc. 2
Staff's
41.(1) Subsection (2) applies to persons who are employees of TABQ. 3
(2) An event does not-- 4
(a) affect the employees' benefits, entitlements or remuneration; or 5
(b) prejudice the employees' existing or accruing rights to 6
superannuation or recreation, sick, long service or other leave; or 7
(c) interrupt continuity of service; or 8
(d) constitute a retrenchment or redundancy. 9
(3) Without limiting subsection (2), a person who immediately before an 10
event is an employee of TABQ continues after the event to be an employee 11
of TABQ and, if an industrial instrument applies to the person immediately 12
before the event, the instrument continues after the event to apply to the 13
person. 14
(4) The continuance of an industrial instrument as mentioned in 15
subsection (3) is subject to the Industrial Relations Act 1999. 16
(5) Persons who were employees of TABQ immediately before the 17
commencement of section 3 are not entitled to a payment or other benefit 18
merely because they are no longer employed by a company GOC. 19
(6) In this section-- 20
"event" means-- 21
(a) TABQ ceasing to be a company GOC; or 22
(b) all issued shares in TABQ ceasing to be held by a Minister on 23
behalf of the State. 24
"industrial instrument" means an industrial instrument under the 25
Industrial Relations Act 1999. 26
of certain provisions of GOC Act 27
Application
42.(1) Subsection (2) applies to a person if the person was an employee 28
of TABQ immediately before it ceased to be a company GOC and, at that 29
s 43 25 s 44
TAB Queensland Limited Privatisation
time, section 173 or 1747 of the GOC Act applied to the person. 1
(2) The section continues to apply to the person as if TABQ had not 2
ceased to be a company GOC. 3
(3) For the application mentioned in subsection (2), TABQ is taken to 4
continue to be a company GOC. 5
ART 5--MANDATORY REQUIREMENTS 6
P
REGARDING TABQ GROUP COMPANIES' 7
CONSTITUTIONS 8
of pt 5 9
Application
43.(1) This part applies from the day declared by the Minister by gazette 10
notice. 11
(2) The day must be a day after the commencement of this section and 12
before a share in TABQ is transferred to a person other than a Minister 13
who, in that capacity, holds the share on behalf of the State. 14
group companies to have constitutions containing certain 15
TABQ
provisions 16
44.(1) Each TABQ group company must, at all times, have a constitution 17
within the meaning of the Corporations Law. 18
(2) The constitution of each TABQ group company must, at all times, 19
require-- 20
(a) the head office of the company to be located in Queensland; and 21
(b) at least a majority of the directors of the company, including the 22
managing director, to be ordinarily resident in Queensland. 23
7 Government Owned Corporation Act 1993, sections 173 (Superannuation for
officers and employees who were previously officers of the public service) and
174 (Preservation of leave entitlements of certain former officers and employees
of government entities)
s 45 26 s 45
TAB Queensland Limited Privatisation
(3) For subsection (2) and each constitution, the head office of the 1
company is located in Queensland only if-- 2
(a) the principal operational offices of the following company 3
personnel, however described, are located in Queensland-- 4
(i) chairperson; 5
(ii) chief executive officer; 6
(iii) chief financial officer; 7
(iv) chief operating officer; and 8
(b) the principal operational offices for the following company 9
services, however described, are located in Queensland-- 10
(i) treasury operations; 11
(ii) information technology management; 12
(iii) marketing management; 13
(iv) credit control operations; 14
(v) human resource management; 15
(vi) account processing; 16
(vii) corporate services department; 17
(viii)purchasing department; and 18
(c) the usual location for the holding of company board meetings is 19
in Queensland. 20
alterations to TABQ group companies' constitutions 21
Inconsistent
have no effect 22
45.(1) A resolution of a TABQ group company that would, apart from 23
this subsection, have the effect of the company ceasing to have a 24
constitution or of altering the company's constitution so that the constitution 25
would not comply with section 44(2) or (3) has no effect. 26
(2) A resolution of the company has no effect if the resolution would-- 27
(a) if acted on and apart from this subsection--result in a 28
contravention of the mandatory constitutional requirements; or 29
s 46 27 s 46
TAB Queensland Limited Privatisation
(b) apart from this subsection--ratify an act or omission 1
contravening the mandatory constitutional requirements. 2
njunctions 3
I
46.(1) Subsection (2) applies if a TABQ group company or another 4
person has engaged, is engaging or is proposing to engage in conduct 5
constituting-- 6
(a) a contravention of the mandatory constitutional requirements; or 7
(b) attempting to contravene the mandatory constitutional 8
requirements; or 9
(c) aiding, abetting, counselling or procuring a person to contravene 10
the mandatory constitutional requirements; or 11
(d) inducing or attempting to induce, whether by threats, promises or 12
otherwise, a person to contravene the mandatory constitutional 13
requirements; or 14
(e) being in any way, directly or indirectly, knowingly concerned in, 15
or party to, the contravention by a person of the mandatory 16
constitutional requirements; or 17
(f) conspiring with others to contravene the mandatory constitutional 18
requirements. 19
(2) On the application of the Minister, the Supreme Court may grant an 20
injunction restraining the company or other person from engaging in the 21
conduct and, if the court considers it appropriate, requiring the company or 22
other person to do something. 23
(3) If a TABQ group company or another person has failed, is failing or 24
is proposing to fail to do something that the company or other person is 25
required by the mandatory constitutional requirements to do, the Supreme 26
Court may, on the application of the Minister, grant an injunction requiring 27
the company or other person to do the thing. 28
(4) On an application under subsection (2) or (3), the court may grant the 29
injunction sought with the consent of all the parties to the proceeding, 30
whether or not the court is satisfied the subsection applies. 31
(5) The court may grant an interim injunction pending a decision on an 32
s 47 28 s 47
TAB Queensland Limited Privatisation
application under subsection (2) or (3). 1
(6) The court may discharge or vary an injunction, and may grant an 2
injunction on conditions. 3
(7) The court's power to grant an injunction restraining a TABQ group 4
company or another person from engaging in conduct may be exercised-- 5
(a) whether or not it appears to the court that the company or other 6
person intends to engage again, or to continue to engage, in the 7
conduct; and 8
(b) whether or not the company or other person has previously 9
engaged in conduct of that kind; and 10
(c) whether or not there is an imminent danger of substantial damage 11
to a person if the company or other person engages, or continues 12
to engage, in the conduct. 13
(8) The court's power to grant an injunction requiring a TABQ group 14
company or another person to do something may be exercised-- 15
(a) whether or not it appears to the court that the company or other 16
person intends to fail again, or to continue to fail, to do the thing; 17
and 18
(b) whether or not the company or other person has previously failed 19
to do a thing of that kind; and 20
(c) whether or not there is an imminent danger of substantial damage 21
to a person if the company or other person fails, or continues to 22
fail, to do the thing. 23
(9) If the Minister makes an application under subsection (2) or (3), the 24
court must not require the Minister, as a condition of granting an interim 25
injunction, to give an undertaking as to damages. 26
powers of Supreme Court 27
Other
47.(1) Subsection (2) applies if the Supreme Court has power under 28
section 46 to grant an injunction restraining a TABQ group company or 29
another person from engaging in particular conduct, or requiring the 30
company or another person to do a particular thing. 31
(2) The court may, either in addition to, or in substitution for, the grant of 32
s 48 29 s 51
TAB Queensland Limited Privatisation
the injunction, make any other order it considers appropriate against the 1
company or the other person who engaged in the conduct or a person who 2
was involved in the failure to do the thing. 3
of Supreme Court 4
Jurisdiction
48. The Supreme Court has jurisdiction for matters arising under this part 5
and that jurisdiction is exclusive of the jurisdiction of all other courts, other 6
than the jurisdiction of the High Court under the Commonwealth 7
Constitution, section 75.8 8
by Minister 9
Delegation
49. The Minister may delegate the Minister's powers to apply to the 10
Supreme Court under section 46 to the chief executive of the department. 11
5 overrides Corporations Law 12
Pt
50.(1) This part has effect despite the Corporations Law. 13
(2) Without limiting subsection (1), if there is any conflict or 14
inconsistency between this part and a TABQ group company's constitution, 15
this part prevails. 16
PART 6--MISCELLANEOUS 17
from State tax 18
Exemption
51.(1) State tax is not payable in relation to anything done for the sale 19
process. 20
(2) No person has an obligation under a law imposing a State tax-- 21
(a) to lodge a statement or return relating to anything done for the sale 22
process; or 23
8 Commonwealth Constitution, section 75 (Original jurisdiction of High Court)
s 52 30 s 54
TAB Queensland Limited Privatisation
(b) to include in a statement or return a record or information relating 1
to anything done for the sale process. 2
(3) So far as the legislative power of Parliament permits, a reference in 3
this section to State tax includes a reference to tax imposed under an Act of 4
another State. 5
tax equivalents 6
Commonwealth
52.(1) This section applies to an amount payable by TABQ under 7
section 1559 of the GOC Act immediately before TABQ ceased to be a 8
company GOC and not paid. 9
(2) This section also applies to an amount that would have become 10
payable by TABQ under section 155 of the GOC Act in relation to a period 11
before TABQ ceased to be a company GOC if TABQ had not ceased to be 12
a company GOC. 13
(3) TABQ remains or becomes liable to pay the amount as if TABQ 14
continued to be a company GOC. 15
(4) However, the Treasurer may, by gazette notice, waive payment of the 16
amount. 17
certificate 18
Minister's
53.(1) The Minister may issue a certificate stating that-- 19
(a) State tax is not payable under section 51 in relation to something; 20
or 21
(b) the payment of an amount has been waived under section 52. 22
(2) A certificate purporting to be issued under subsection (1) is evidence 23
of the things stated in it. 24
does not affect existing legal relationships 25
Act
54.(1) This Act has effect despite anything in any instrument. 26
9 Government Owned Corporations Act 1993, section 155 (Liability for
Commonwealth tax equivalents)
s 55 31 s 56
TAB Queensland Limited Privatisation
(2) Nothing done under this Act in relation to TABQ-- 1
(a) places TABQ or the State in breach of a contract, trust or 2
confidence or otherwise makes TABQ or the State guilty of a civil 3
wrong; or 4
(b) makes TABQ or the State in breach of any instrument, including 5
an instrument prohibiting, restricting or regulating the assignment, 6
transfer or assumption of any right or liability or the disclosure of 7
any information; or 8
(c) is taken to fulfil a condition-- 9
(i) allowing a person to terminate an instrument or be released, 10
wholly or partly, from an obligation or modify the operation 11
or effect of an instrument or obligation; or 12
(ii) requiring money to be paid, or anything else to be done, 13
before its stated maturity; or 14
(d) releases a surety or other obligee, wholly or partly, from an 15
obligation. 16
(3) If, apart from this subsection, obtaining the advice or consent of, or 17
giving notice to, a person would be necessary under an instrument to give 18
effect to a transaction contemplated by this Act, the advice or consent is 19
taken to have been obtained or the notice is taken to have been given. 20
(4) In this section-- 21
"TABQ" includes a TABQ subsidiary. 22
does not limit other powers 23
Act
55.(1) This Act provides facilitative mechanisms. 24
(2) Without limiting subsection (1), this Act does not prevent anything 25
being done otherwise than under this Act. 26
directors' immunity 27
TABQ
56.(1) A director of TABQ does not incur any civil liability for anything 28
done or omitted to be done in good faith for the purpose of complying with 29
s 57 32 s 59
TAB Queensland Limited Privatisation
a direction of the Act Ministers given under section 11 or 16.10 1
(2) A liability that would, apart from subsection (1), attach to a director of 2
TABQ attaches instead to the State. 3
(3) This section has effect despite the Corporations Law. 4
immunity 5
Ministers'
57.(1) An Act Minister acting in that capacity or the Minister does not 6
incur civil liability for an act or omission done or omitted to be done 7
honestly and without negligence under this Act. 8
(2) A liability that would, apart from subsection (1), attach to an Act 9
Minister or the Minister attaches instead to the State. 10
(3) This section has effect despite the Corporations Law. 11
of certain provisions of GOC Act to TABQ 12
Non-application
58. The following provisions of the GOC Act are taken never to have 13
applied to TABQ-- 14
(a) chapter 3, parts 7 and 8; 15
(b) sections 130 and 171.11 16
power 17
Regulation-making
59.(1) The Governor in Council may make regulations under this Act. 18
(2) A regulation may make provision about any matter for which-- 19
(a) it is necessary to make provision to allow or facilitate the doing of 20
anything to achieve the purposes of this Act; and 21
(b) this Act does not make provision or sufficient provision. 22
10 Sections 11 (Act Ministers may require amendment of subsidiary's constitution)
and 16 (Ministerial control of TABQ for certain purposes)
11 Government Owned Corporations Act 1993, chapter 3 (Government owned
corporations (GOCs)), parts 7 (Corporate plan) and 8 (Statement of corporate
intent) and sections 130 (Quarterly reports) and 171 (Employment and industrial
relations plan)
s 60 33 s 62
TAB Queensland Limited Privatisation
(3) Subsection (2) and this subsection expire 12 months after 1
subsection (2) commences. 2
ART 7--AMENDMENT OF ACTS 3
P
1--Amendment of Gaming Machine Act 1991 4
Division
amended in div 1 5
Act
60. This division amends the Gaming Machine Act 1991. 6
of s 77 (Applications for licences under this part) 7
Amendment
61. Section 77(2), `and palm prints'-- 8
omit. 9
of s 79 (Consideration of applications) 10
Amendment
62.(1) Section 79(1)(a)-- 11
omit. 12
(2) Section 79(1)(b) and (c)-- 13
renumber as paragraphs (a) and (b). 14
(3) Section 79(1)(b), as renumbered, `paragraph (b)'-- 15
omit, insert-- 16
`paragraph (a)'. 17
(4) Section 79-- 18
insert-- 19
`(1A) If the applicant is an individual, the chief executive may, with the 20
applicant's agreement, cause the applicant's fingerprints to be taken.'. 21
(5) Section 79(3)(a)(ii)-- 22
s 63 34 s 66
TAB Queensland Limited Privatisation
omit, insert-- 1
`(ii) the applicant's fingerprints have not been taken under 2
subsection (1A) because of the applicant's failure to agree to 3
the action being taken;'. 4
(6) Section 79(6), words after paragraph (b)-- 5
omit, insert-- 6
`any fingerprints or palm prints of the applicant or person taken for the 7
application or licence must be destroyed as soon as practicable.'. 8
2--Amendment of Gaming Machine and Other Legislation 9
Division
Amendment Act 1999 10
amended in div 2 11
Act
63. This division amends the Gaming Machine and Other Legislation 12
Amendment Act 1999. 13
of s 61 (Amendment of s 79 (Consideration of applications)) 14
Omission
64. Section 61-- 15
omit. 16
Division 3--Amendment of Interactive Gambling (Player Protection) Act 17
1998 18
amended in div 3 19
Act
65. This division amends the Interactive Gambling (Player Protection) 20
Act 1998. 21
of s 6 (Meaning of "interactive game") 22
Amendment
66.(1) Section 6(2)(a), `or the Wagering Act 1998'-- 23
omit. 24
s 67 35 s 69
TAB Queensland Limited Privatisation
(2) Section 6(2)-- 1
insert-- 2
`(ab)wagering conducted under a wagering licence under the Wagering 3
Act 1998;'. 4
Division 4--Amendment of Racing and Betting Act 1980 5
amended in div 4 6
Act
67. This division amends the Racing and Betting Act 1980. 7
of s 11A (Functions of Queensland Principal Club) 8
Amendment
68.(1) Section 11A(1)(ab) and (b)-- 9
renumber as section 11A(1)(b) and (c). 10
(2) Section 11A(1)-- 11
insert-- 12
`(d) to cooperate with the other control bodies in relation to 13
arrangements involving the industry relating to wagering on 14
animal racing.'. 15
(3) Section 11A-- 16
insert-- 17
`(1A) An exercise of a power under section 11B(2) for, or in connection 18
with, the Queensland Principal Club's function under subsection (1)(d) is 19
not limited even though the exercise of the power is or may be inconsistent 20
with another function under subsection (1).'. 21
of s 11B (Powers of Queensland Principal Club) 22
Amendment
69.(1) Section 11B(2)(r), from`as it considers' to `of racing'-- 23
omit, insert-- 24
`as the Queensland Principal Club considers necessary or 25
desirable for performing the principal club's functions'. 26
s 70 36 s 70
TAB Queensland Limited Privatisation
(2) Section 11B(2)(x), from `the exercise of its powers'-- 1
omit, insert-- 2
`performing its functions or exercising its powers, including, for 3
example, giving effect to the Queensland Principal Club's obligations 4
under an arrangement of the kind mentioned in paragraph (wa)(iii).'. 5
(3) Section 11B(3)(a) and (b)-- 6
omit, insert-- 7
`(a) taking part in an arrangement of a kind mentioned in 8
subsection (2)(wa)(iii); or 9
(b) doing a thing to give effect to an arrangement of that kind.'. 10
(4) Section 11B-- 11
insert-- 12
`(4) Without limiting subsection (1), the Queensland Principal Club may 13
exercise its powers under this Act for fulfilling obligations it may have 14
under an arrangement of a kind mentioned in subsection (2)(wa)(iii), 15
including, for example-- 16
(a) entering into contracts with race clubs to support the performance 17
of a person's obligations under the arrangement; and 18
(b) giving directions mentioned in subsection (3); and 19
(c) if a race club does not comply with a direction mentioned in 20
subsection (3), cancelling or suspending the registration of the 21
race club, directing or supervising the dissolution of the race club 22
or appointing an administrator to conduct the affairs of the race 23
club.'. 24
of s 52 (Functions, powers and duties of Harness Racing 25
Amendment
Board) 26
70.(1) Section 52(2)-- 27
insert-- 28
`(ba)to cooperate with the other control bodies in relation to 29
arrangements involving the industry relating to wagering on 30
animal racing; and'. 31
s 70 37 s 70
TAB Queensland Limited Privatisation
(2) Section 52-- 1
insert-- 2
`(2A) An exercise of a power under subsection (3) for, or in connection 3
with, the Harness Racing Board's function under subsection (2)(ba) is not 4
limited even though the exercise of the power is or may be inconsistent with 5
another function under subsection (2).'. 6
(3) Section 52(3)(t), from`as it considers' to `of trotting'-- 7
omit, insert-- 8
`as the Harness Racing Board considers necessary or desirable for 9
performing the board's functions,'. 10
(4) Section 52(3)(z), from `the exercise of its powers'-- 11
omit, insert-- 12
`performing its functions or exercising its powers, including, for 13
example, giving effect to the Harness Racing Board's obligations 14
under an arrangement of the kind mentioned in 15
paragraph (ya)(iii).'. 16
(5) Section 52(3A)(a) and (b)-- 17
omit, insert-- 18
`(a) taking part in an arrangement of a kind mentioned in 19
subsection (3)(ya)(iii); or 20
(b) doing a thing to give effect to an arrangement of that kind.'. 21
(6) Section 52-- 22
insert-- 23
`(3B) The Harness Racing Board may exercise its powers under this Act 24
for fulfilling obligations it may have under an arrangement of a kind 25
mentioned in subsection(3)(ya)(iii), including, for example-- 26
(a) entering into contracts with trotting clubs to support the 27
performance of a person's obligations under the arrangement; and 28
(b) giving directions mentioned in subsection (3A); and 29
(c) if a trotting club does not comply with a direction mentioned in 30
subsection (3A), cancelling or suspending the registration of the 31
s 71 38 s 71
TAB Queensland Limited Privatisation
trotting club, directing or supervising the dissolution of the 1
trotting club or appointing an administrator to conduct the affairs 2
of the trotting club.'. 3
of s 93 (Functions, powers and duties of Greyhound 4
Amendment
Authority) 5
71.(1) Section 93(2)-- 6
insert-- 7
`(ba)to cooperate with the other control bodies in relation to 8
arrangements involving the industry relating to wagering on 9
animal racing; and'. 10
(2) Section 93-- 11
insert-- 12
`(2A) An exercise of a power under subsection (3) for, or in connection 13
with, the Greyhound Authority's function under subsection (2)(ba) is not 14
limited even though the exercise of the power is or may be inconsistent with 15
another function under subsection (2).'. 16
(3) Section 93(3)(t), from `as it considers' to `of greyhound racing'-- 17
omit, insert-- 18
`as the Greyhound Authority considers necessary or desirable for 19
performing the authority's functions,'. 20
(4) Section 93(3)(z), from `the exercise of its powers'-- 21
omit, insert-- 22
`performing its functions or exercising its powers, including, for 23
example, giving effect to the Greyhound Authority's obligations 24
under an arrangement of the kind mentioned in 25
paragraph (ya)(iii).'. 26
(5) Section 93(3A)(a) and (b)-- 27
omit, insert-- 28
`(a) taking part in an arrangement of a kind mentioned in 29
subsection (3)(ya)(iii); or 30
s 72 39 s 74
TAB Queensland Limited Privatisation
(b) doing a thing to give effect to an arrangement of that kind.'. 1
(6) Section 93-- 2
insert-- 3
`(3B) The Greyhound Authority may exercise its powers under this Act 4
for fulling obligations it may have under an arrangement of a kind 5
mentioned in subsection (3)(ya)(iii), including, for example-- 6
(a) entering into contracts with greyhound clubs to support the 7
performance of a person's obligations under the arrangement; and 8
(b) giving directions mentioned in subsection (3A); and 9
(c) if a greyhound club does not comply with a direction mentioned 10
in subsection (3A), cancelling or suspending the registration of 11
the greyhound club, directing or supervising the dissolution of the 12
greyhound club or appointing an administrator to conduct the 13
affairs of the greyhound club.'. 14
Division 5--Amendment of Wagering Act 1998 15
amended in div 5 16
Act
72. This division amends the Wagering Act 1998. 17
of s 65 (Appointment) 18
Amendment
73.(1) Section 65(1), `the operations'-- 19
omit, insert-- 20
`some or all the operations'. 21
(2) Section 65(2)(b), `related body corporate of the licensee'-- 22
omit, insert-- 23
`corporation'. 24
of s 71 (Meaning of "wagering management agreement") 25
Amendment
74.(1) Section 71(a), `the operations'-- 26
s 75 40 s 78
TAB Queensland Limited Privatisation
omit, insert-- 1
`some or all the operations'. 2
(2) Section 71(c), `remains, the'-- 3
omit, insert-- 4
`remains, a'. 5
of s 81 (Grounds for directing termination) 6
Amendment
75. Section 81(1)(g)-- 7
omit. 8
of s 95 (Meaning of "key employee") 9
Amendment
76. Section 95(1)(a) and (b), `the operations'-- 10
omit, insert-- 11
`any operations'. 12
of s 163 (Commission) 13
Amendment
77. Section 163-- 14
insert-- 15
`(1A) Without limiting the Statutory Instruments Act 1992, section 25, a 16
regulation under subsection (1) may apply differently for different events or 17
contingencies.12'. 18
of new s 168A 19
Insertion
78. After section 168-- 20
insert-- 21
12 Statutory Instruments Act 1992, section 25 (Statutory instrument may make
different provision for different categories)
s 79 41 s 81
TAB Queensland Limited Privatisation
authority administration fee 1
`Wagering
`168A.(1) The conditions of a wagering authority may provide for the 2
payment of a fee (a "wagering authority administration fee") by the 3
authority holder to cover in whole or part the cost to the State of 4
administering this Act in relation to the authority. 5
`(2) The wagering authority administration fee is to be calculated and paid 6
or satisfied under the conditions of the wagering authority.'. 7
of s 169 (Application of wagering tax and authority fee) 8
Amendment
79.(1) Section 169, heading-- 9
omit, insert-- 10
`Application of wagering tax, authority fee and authority 11
administration fee'. 12
(2) Section 169-- 13
insert-- 14
`(2) The chief executive must pay the amount of wagering authority 15
administration fee received under this part into the consolidated fund.'. 16
of s 170 (Penalty for late payment) 17
Amendment
80. Section 170(1), `wagering tax or wagering authority fee'-- 18
omit, insert-- 19
`wagering tax, wagering authority fee or wagering authority 20
administration fee'. 21
of s 171 (Recovery of amounts) 22
Amendment
81. Section 171, after `fee'-- 23
insert-- 24
`, wagering authority administration fee'. 25
s 82 42 s 87
TAB Queensland Limited Privatisation
of s 172 (Revenue offences) 1
Amendment
82. Section 172(1)(a), `wagering tax or wagering authority fee'-- 2
omit, insert-- 3
`wagering tax, wagering authority fee or wagering authority 4
administration fee'. 5
of s 195 (Show cause notice for related agreement) 6
Amendment
83. Section 195(2)(b), `section 195(1)'-- 7
omit, insert-- 8
`subsection (1)'. 9
of s 206 (Acceptance of wagers) 10
Amendment
84. Section 206, `general'-- 11
omit, insert-- 12
`licence'. 13
of s 213 (Claims for payment of winning bets) 14
Amendment
85.(1) Section 213, `5 years'-- 15
omit, insert-- 16
`1 year'. 17
of s 302 (Appeals to District Court) 18
Amendment
86. Section 302, `a District Court'-- 19
omit, insert-- 20
`the District Court'. 21
of s 306 (Procedures for reviews) 22
Amendment
87. Section 306(b), before `consider'-- 23
s 88 43 s 90
TAB Queensland Limited Privatisation
insert-- 1
`must'. 2
of s 318 (Application of division) 3
Amendment
88. Section 318, `division'-- 4
omit, insert-- 5
`part'. 6
of s 319 (Definitions) 7
Amendment
89. Section 319, `division'-- 8
omit, insert-- 9
`part'. 10
of schedule 2 (Dictionary) 11
Amendment
90.(1) Schedule 2, definitions "licence operator" and "related body 12
corporate"-- 13
omit. 14
(2) Schedule 2-- 15
insert-- 16
`"licence operator", for a wagering licence or operations conducted under a 17
wagering licence, means-- 18
(a) if the wagering licensee has not entered into any wagering 19
management agreement with the Minister's approval--the 20
wagering licensee; or 21
(b) if the wagering licensee has entered into a wagering management 22
agreement with the Minister's approval appointing a person as 23
wagering manager for all the operations relating to authorised 24
wagering conducted under the wagering licence--the wagering 25
manager appointed under the agreement; or 26
(c) if the wagering licensee has entered into a wagering management 27
s 90 44 s 90
TAB Queensland Limited Privatisation
agreement with the Minister's approval appointing a person as 1
wagering manager for some but not all the operations relating to 2
authorised wagering conducted under the wagering licence-- 3
(i) for the operations to which the agreement relates--the 4
wagering manager appointed under the agreement; or 5
(ii) for the other operations relating to authorised wagering 6
conducted under the wagering licence--the wagering 7
licensee.'. 8
(3) Schedule 2, definition "wagering manager", `the operations'-- 9
omit, insert-- 10
`some or all the operations'. 11
45
TAB Queensland Limited Privatisation
SCHEDULE 1
¡
DICTIONARY 2
section 2 3
"Act Ministers" means both of the following-- 4
(a) the Minister; 5
(b) the Minister for the time being administering the Racing and 6
Betting Act 1980. 7
"company GOC" means a company GOC under the GOC Act. 8
"GOC Act" means the Government Owned Corporations Act 1993. 9
"holding company" see section 913 of the Corporations Law. 10
"listing day" see section 6. 11
"mandatory constitutional requirements" means-- 12
(a) the requirement that a TABQ group company must, under 13
section 44(1), have a constitution at all times; or 14
(b) the requirements that must, under section 44(2), be in a TABQ 15
group company's constitution at all times. 16
"notice" means a written notice. 17
13 Corporations Law, section 9--
"holding company", in relation to a body corporate, means a body corporate of
which the first body corporate is a subsidiary.
46
TAB Queensland Limited Privatisation
SCHEDULE (continued)
"related body corporate" see section 914 of the Corporations Law. 1
"requirement notice" see section 27(2). 2
"sale process" see section 5. 3
"share" means a share in the share capital of a body corporate 4
"State tax" means tax imposed under an Act. 5
"subsidiary", of TABQ, means an entity that is a subsidiary of TABQ 6
under the Corporations Law. 7
"TABQ" means TAB Queensland Limited (ACN 085 691 738). 8
"TABQ group company" means-- 9
(a) TABQ; or 10
(b) any holding company of TABQ; or 11
(c) a wholly-owned subsidiary of TABQ that is the principal 12
operating company in the group of companies consisting of 13
TABQ and any related body corporate of TABQ. 14
"tax" includes fee, duty and charge. 15
"transaction" includes agreement, arrangement, understanding and 16
undertaking. 17
14 Corporations Law, section 9--
"related body corporate", in relation to a body corporate, means a body
corporate that is related to the first-mentioned body by virtue of section 50.
Corporations Law, section 50--
Related bodies corporate
Where a body corporate is:
(a) a holding company of another body corporate;
(b) a subsidiary of another body corporate; or
(c) a subsidiary of a holding company of another body corporate;
the first-mentioned body and the other body are related to each other.
47
TAB Queensland Limited Privatisation
SCHEDULE (continued)
"voting share", in relation to TABQ, see section 9 of the Corporations 1
Law.15 2
"wholly-owned subsidiary" see section 916 of Corporations Law. 3
4
© State of Queensland 1999
15 Corporations Law, section 9--
"voting share", in relation to a body corporate, means an issued share in the
body that confers a right to vote, not being a right to vote that is exercisable
only in one or more of the following circumstances:
(a) during a period during which a dividend (or part of a dividend) in respect
of the share is in arrears;
(b) on a proposal to reduce the body's share capital;
(ba)on a resolution to approve the terms of a buy-back agreement;
(c) on a proposal that affects rights attached to the share;
(d) on a proposal to wind up the body;
(e) on a proposal for the disposal of the whole of the body's property,
business and undertaking;
(f) during the winding up of the body.
16 Corporations Law, section 9--
"wholly-owned subsidiary", in relation to a body corporate, means a body
corporate none of whose members is a person other than:
(a) the first-mentioned body;
(b) a nominee of the first-mentioned body;
(c) a subsidiary of the first-mentioned body, being a subsidiary none of
whose members is a person other than:
(i) the first-mentioned body; or
(ii) a nominee of the first-mentioned body; or
(d) a nominee of such a subsidiary.
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