Queensland Consolidated Acts

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PARLIAMENT OF QUEENSLAND ACT 2001 - SECT 70

70 Meaning of transacts business

(1) A member transacts business with an entity of the State if the member--

(a) has a direct or indirect interest in a contract with an entity of the State; or
(b) performs a duty or service for reward for an entity of the State.

(2) However, a member does not transact business with an entity of the State in the following circumstances--

(a) for a contract--
(i) the contract is required of, or expressly permitted for, the member, under an Act; or
(ii) the contract, to the extent of the member's interest, provides for--
(A) the provision by an entity of the State of goods or services, that are available to the public, on the same terms the goods or services are available to the public; or
(B) the acquisition from an entity of the State of an interest in land, that is available to the public, on the same terms the interest is available to the public; or
(C) the acquisition by an entity of the State of an interest in land on terms not less favourable to the entity than if the sale were by a member of the public; or
(iii) the contract is for the lawful payment of compensation; or
(iv) the contract is made, entered into, or accepted, by a listed or non-aligned corporation;
(b) for a duty or service--
(i) an Act requires or expressly permits the member to perform the duty or service; or
(ii) neither the member nor any other person is entitled to or is entitled to and receives any reward on account of the member performing the service or duty; or
(iii) the duty or service is the attendance at a court or other place or the giving of evidence at a court or other place in obedience to any court process.

(3) For subsection (2)(b)(ii), a member is not taken to be entitled to a reward if the member irrevocably waives for all legal purposes the entitlement to the reward.

(4) For a waiver under subsection (3), the member must, as soon as practicable after becoming aware of the entitlement--

(a) waive the entitlement in writing; and
(b) give a copy of the waiver to the Speaker.

(5) In this section--

listed corporation has the meaning given by the Corporations Act.

non-aligned corporation means a corporation with more than 20 shareholders, 1 of whom is the member if the member does not--

(a) own 5% or more of the corporation's shares; or
(b) have control of the corporation's board.

reward does not include--

(a) an amount decided under chapter 7; or
(aa) an amount decided under the deed under the Superannuation (State Public Sector) Act 1990 in relation to a transferring member within the meaning of section 32A of that Act; or
(b) reasonable expenses actually incurred by or for the member for any 1 or more of the following--
(i) accommodation;
(ii) meals;
(iii) domestic air travel;
(iv) taxi fares or public transport charges;
(v) motor vehicle hire.


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