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Harbours Act Amendment Bill (No. 2) 1993
HARBOURS ACT AMENDMENT BILL
(NO. 2) 1993
EXPLANATORY NOTES
GENERAL OUTLINE
Objectives of the Legislation
The objectives of the Bill are:-
(1) To permit Port Authorities to set their own charges by Board
resolution, subject to the endorsement of the Minister for
Transport, under guidelines approved by the Governor in
Council; and
(2) To ensure that the Ports Corporation of Queensland is the legal
successor to The Harbours Corporation of Queensland for the
harbours concerned.
Reasons for the Bill
It is intended that section 4 of the Bill will allow some management
autonomy for Port Authorities while lessening the administrative burden to
Government by not requiring specific Governor in Council approval for
changes in charging within Governor in Council approved guidelines.
The guidelines are being developed in consultation with Treasury
Department. They are not meant to be fixed once first approved but are
meant to be flexible to cater for any changes in government policy positions
by seeking Governor in Council approval to such amendments.
Section 5 of the Bill deals with validating the Ports Corporation of
Queensland and associated staffing arrangements.
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Harbours Act Amendment Bill (No. 2) 1993
The Ports Corporation of Queensland was created by the Harbours
(Ports Corporation) Order 1993 which was approved by the Governor in
Council on 27 May 1993. Doubt was raised by Parliamentary Counsel that
the Order effectively covers replacement of the Harbours Corporation by
the Ports Corporation for the harbours concerned. Subsequently, Crown
Law raised more serious concerns that the Ports Corporation may not be the
legal successor to the Harbours Corporation in the nominated harbours.
The Bill ensures that the Ports Corporation of Queensland is the legal
successor to the Harbours Corporation of Queensland for the harbours
concerned as from 1 July 1993. It also deals with the transfer to the Ports
Corporation from 1 January 1994 of existing public service officers
seconded to the Ports Corporation and amends any legislation or document
which references the Harbours Corporation to reference the Ports
Corporation in the harbours concerned and the Aurukun Associates
Agreement Act 1975.
Details of specific sections are as follows:
Section 1 sets out the short title of the Bill.
Section 2 deals with the commencement of section 5 of the Bill. The
remainder of the Bill commences upon enactment.
Section 3 provides for the Harbours Act 1955 to be amended as set out in
the Bill.
Section 4 inserts a new Part 7A into the Harbours Act 1955.
Part 7A
Section 136B provides that a regulation may prescribe guidelines for
Harbour Board (Port Authority) charging previously made by by-law.
Section 136C provides for the Minister for Transport to approve a
recommendation of a Board of a Port Authority for changes in its charges
within the approved guidelines. It also provides that if a change in charges
is not within the approved guidelines, the Governor in Council may approve
the change.
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Harbours Act Amendment Bill (No. 2) 1993
Section 136D provides for the notification of the change in charges by the
Port Authority.
Section 136E provides for copies of the changes in charges to be made
available at Port Authority offices in the locality to which the change relates.
Section 136F provides for when a change in charges is to commence.
Section 136G provides that any approved change in charges prevails over
existing by-law charges.
Section 5 inserts a new Part 11 into the Harbours Act 1955.
Part 11
Section 211 defines terms used in Part 11.
Section 212 validates the creation of the Ports Corporation of
Queensland.
Section 213 lists the harbours transferred to the responsibility of the Ports
Corporation from the Harbours Corporation and that the transfer is taken to
have occurred on 1 July 1993.
Section 214 transfers from 1 July 1993 all the assets and liabilities,
including any agreements or guarantees, from the Harbours Corporation to
the Ports Corporation in the harbours concerned.
Section 215 maintains the existing designation of land that the Ports
Corporation gained an interest in as a result of the transfer of assets.
Section 216 any act done or omitted to be done, from 1 July 1993 and
before the commencement of this amendment, by the Harbours
Corporation in relation to the harbours concerned or their associated assets
and liabilities is taken to be an act done or omitted to be done by the Ports
Corporation.
Section 217 any legal proceeding pending, started or continued by or
against the Harbours Corporation, from 1 July 1993 and before the
commencement of this amendment, in relation to the harbours concerned or
their associated assets and liabilities, is taken to been started or continued by
or against the Ports Corporation. It also provides that any act done by the
Harbours Corporation relating to such legal proceedings is taken to have
been an act done by the Ports Corporation.
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Harbours Act Amendment Bill (No. 2) 1993
Section 218 transfers to the Ports Corporation from 1 January 1994
existing public service officers seconded to the Ports Corporation. It also
provides that their terms of employment be not less favourable than that
which applied on 31 December 1993 and that such transferred employees
leave entitlements accrued whilst employed in the public service are
maintained.
Section 219 preserves the transferred employees current superannuation
arrangements but allows such employees the flexibility to transfer to a
superannuation scheme set up by the Ports Corporation for its employees.
Section 220 preserves the right of transferred employees to return to the
public service in line with similar provisions in the Government Owned
Corporations Act 1993.
Section 221 amends, from 1 July 1993, any reference in legislation and
documents to the Harbours Corporation to reference the Ports Corporation
in the harbours concerned and the Aurukun Associates Agreement Act
1975.
Section 222 provides for the expiry of the sections of the Bill relating to
the validation of the Ports Corporation of Queensland.
© The State of Queensland 1993