State Development and Public Works Organisation Act 1971 (Qld)

State Development and Public Works Organisation Act 1971

An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination, and for related purposes

Part 1 Preliminary

1 Short title This Act may be cited as the State Development and Public Works Organisation Act 1971.

2 Definitions The dictionary in schedule 2 defines particular words used in this Act.

Part 2 Administration

Division 1 Coordinator-General and Deputy Coordinator-General

3 Administration of Act This Act shall be administered by the Minister and, subject to the Minister, by the Coordinator-General.

4 Appointment of Coordinator-General (1) The Governor in Council, may, by commission under his or her hand and the Public Seal, appoint a person to hold the office of Coordinator-General. (2) The appointee shall be paid, during his or her tenure of office, a salary at such rate as the Governor in Council determines from time to time.

5 Appointment of Deputy Coordinator-General (1) The Governor in Council may, by commission under his or her hand and the Public Seal, appoint a person or persons to hold the office of Deputy Coordinator-General. (2) An appointee shall be paid, during his or her tenure of office, a salary at such rate as the Governor in Council determines from time to time.

6 Tenure of appointment under ss 4 and 5 Subject to this section, an appointee to an office referred to in section 4 or 5 shall hold office for the period fixed by the Governor in Council and specified in the instrument whereby the appointee is appointed but shall be eligible for reappointment thereto unless the appointee has become debarred under any Act from holding or continuing in such office.

7 Termination of appointment under ss 4 and 5 (1) A person appointed to an office referred to in section 4 or 5 shall be deemed to have vacated his or her office in the following circumstances— (a) if the person engages in remunerative employment outside the duties of the office to which the person is appointed; (b) if the person engages in any trade or business save as a member of a body corporate that consists of more than 20 persons; (c) if the person becomes bankrupt or takes advantage of the laws in force for the time being relating to bankrupt or insolvent debtors; (d) if the person absents himself or herself from duty for 14 consecutive working days or for a total of 28 days in any calendar year save on account of illness or pursuant to leave approved by the Minister who is hereby empowered so to do; (e) if the person is convicted in the State of an indictable offence for which the person is liable to be imprisoned for 12 months at the least or is convicted elsewhere of an offence that, if committed by the person in the State would constitute an indictable offence upon conviction whereof the person would be so liable; (f) if the person dies; (g) if the person is concerned in any agreement made for the purposes of this Act save in the person's capacity as Coordinator-General or, as the case may be, Deputy Coordinator-General or, save as aforesaid, if the person participates in or claims to be entitled to participate in the profits arising from such an agreement; (h) if the person resigns by signed written notice addressed to the Governor in Council and furnished to the Minister. (2) However, subsection (1)(a) does not apply to a person if the person's remunerative employment is— (a) under another office and because of the person's appointment to the office mentioned in section 4 or 5; or (b) as the chief executive. (3) A person appointed to an office referred to in section 4 or 5 may be removed from office by the Governor in Council on account of misbehaviour, incapacity, or being unfit, in the opinion of the Governor in Council, to hold the office.