Mae | ++ AUDAX : AT: FIDELIS +} Queensland Mt. Gravatt Showgrounds Amendment Bill 2011 Queensland Mt. Gravatt Showgrounds Amendment Bill 2011 Contents Page 1 Short title 0.0... eee 4 2 Commencement... .......... 0.00 cece ee eee eee 4 3 Actamended ........... 0 cc cee cette eee 4 4 Amendment of s 4 (Interpretation) .................2-00005 4 5 Amendment of s 6 (Membership of trust)................... 4 6 Insertion of new ss GA tO 6F.... 2... eee ee 5 6A Nominations by Brisbane City Council or society. . . . 5 6B Nominations by association or group representative of community interest.................00...00. 6 6C Failure to nominate within particular time or failure to nominate councillor ...............0-000 ee eee 7 6D Failure to have regard to balanced gender representation —-— iw eee eee eee 7 6E Matters Minister must have regard to for appointment — i eee eee eee 8 6F No inconsistency with Anti-Discrimination Act 1991. . 8 Amendment of s 7 (Appointment of members of trust)......... 9 8 Amendment of s 10 (Disqualification for membership of trust). . . 9 9 Replacement of s 11 (Vacating member's office)............. 9 11 Vacating member's office. ..................00. 10 10 Amendment of s 12 (Removal from office).................. 10 11 Amendment of s 13 (Casual vacancies).................0.. 10 12 Insertion of NewS 138A... 1.0... eee 11 13A Appointment of chairperson of trust............. 11 13 Amendment of s 14 (Proceedings of trust).................. 11 14 Amendment of s 21 (Powers of trust)...............2-.0005 11 15 Amendment of s 23 (Rights of society) .................... 12 Mt. Gravatt Showgrounds Amendment Bill 2011 Contents 17 Page 2 Amendment of s 25 (By-laws) ..........00...00 cee eee Insertion of new pt6.......... 0... eee eee Part 6 Division 1Division 231 Division 3Division 4 Transitional provisions for the Mt. Gravatt Showgrounds Amendment Act 2011 Preliminary Definitions for pt6.................0 02.0.0 Continuation of membership and office holders Members of trust continue in office .............. Chairperson and deputy chairperson continue in Office eee eee eee eee Removal of member..............-.0--0 eee eee Nomination process etc. before dissolution of membership of trust Action may be taken to appoint members of trust . . . Dissolution of membership of trust Dissolution of membership of trust...............- 12 14 A Bill for An Act to amend the Mt. Gravatt Showgrounds Act 1988 for particular purposes Clause Clause Clause Clause Clause Mt. Gravatt Showgrounds Amendment Bill 2011 [s 1] The Parliament of Queensland enacts— Page 4 Short title This Act may be cited as the Mt. Gravatt Showgrounds Amendment Act 2011. Commencement Section 17, to the extent it inserts part 6, division 4, commences on a day to be fixed by proclamation. Act amended This Act amends the Mt. Gravatt Showgrounds Act 1988. Amendment of s 4 (Interpretation) (1) Section 4, heading, 'Interpretation' — omit, insert— 'Definitions'. (2) Section 4— insert— 'commencement, for part 6, see section 29. pre-amended Act, for part 6, see section 29.'. Amendment of s 6 (Membership of trust) (1) Section 6(1)(a) to (c)— omit, insert— '(a) 2 persons, each of whom is recommended for appointment to the trust by the Minister— (i) from persons nominated for appointment by Brisbane City Council; or Kw NO 11 131517 1922 24 Clause (2) (3) (4) (5) (4) Mt. Gravatt Showgrounds Amendment Bill 2011 [s 6] (ii) under section 6C or 6D; and (b) 3 persons, each of whom is recommended for appointment to the trust by the Minister— (i) from persons nominated for appointment by the society; or (ii) under section 6C or 6D; and'. Section 6(1)(d), 'selected'— omit, insert— 'recommended for appointment to the trust'. Section 6(1)(d)— renumber as section 6(1)(c). Section 6(3), 'selection pursuant to subsection (1)(d)'— omit, insert— 'recommendation under subsection (1)(c)'. Section 6— insert— One of the persons recommended by the Minister under subsection (1)(a)(i) must be the person mentioned in section 6A(4).'. Insertion of new ss 6A to 6F After section 6— insert— Nominations by Brisbane City Council or society 'D This section applies if— (a) Brisbane City Council is nominating persons for appointment to the trust under section 6(1)(a)(i); or (b) _ the society is nominating persons for appointment to the trust under section 6(1)(b)(i). Page 5 oOo mrnNnt DU WN el eel ee oe oo ed nn fF WN KF CO RRR oan 212326 28 Mt. Gravatt Showgrounds Amendment Bill 2011 [s 6] (2) '3) (4) "S) There is no upper limit on the number of persons Brisbane City Council or the society may nominate for appointment. Brisbane City Council or the society must— (a) make any nomination at least 3 months before the end of the period of membership of the whole number of members of the trust appointed under section 7; and (b) in nominating a person for appointment— (i) have regard to the range of skills, expertise and experience necessary or desirable for members of the trust; and (ii) have regard to the need for balanced gender representation in the membership of the trust and nominate men and women. Also, Brisbane City Council must nominate the person elected for the time being as councillor of Brisbane City Council who represents the ward of Brisbane in which the showgrounds are situated. Subsection (3)(b) does not apply to the nomination of the councillor under subsection (4). '6B Nominations by association or group representative of community interest 'D (2) 3) Page 6 This section applies if an association or group is nominating persons for appointment to the trust on the invitation of the Minister under section 6(3). There is no upper limit on the number of persons the association or group may nominate for appointment. The association or group must— (a) make a nomination within a time fixed by the Minister; and (b) in nominating a person for appointment— (i) have regard to the range of skills, expertise and experience necessary or desirable for members of the trust; and Om AN DNF WNeE — So RRR WNe RR ee ADNAN eR \o 21 2326 29 32 '6C '6D Mt. Gravatt Showgrounds Amendment Bill 2011 [s 6] (ii) have regard to the need for balanced gender representation in the membership of the trust and nominate men and women. Failure to nominate within particular time or failure to nominate councillor '(1)_ This section applies if— (a) Brisbane City Council— (i) does not make a nomination of 1 or both of the 2 persons for the purpose of section 6(1)(a)(i); or (ii) does not nominate the person mentioned in section 6A(4); within the time mentioned in section 6A(3)(a); or (b) the society does not nominate 1 or more of the 3 persons for the purpose of section 6(1)(b)(i), within the time mentioned in section 6A(3)(a). '(2) The Minister may recommend a person, whom the Minister considers appropriate, for appointment to the trust in place of a person Brisbane City Council or the society could have nominated for appointment. '(3) If subsection (1)(a)(ii) applies, the Minister must recommend the person mentioned in section 6A(4).'. Failure to have regard to balanced gender representation '(1)_ This section applies if— (a) either— (i) Brisbane City Council makes a nomination for the purpose of section 6(1)(a)(i); or (ii) the society makes a nomination for the purpose of section 6(1)(b)(i); and (b) the Minister considers that the nomination does not comply with section 6A(3)(b)(ii). Page 7 Wh om rN DNF 11 141719 21 23 25 27 29 31 Mt. Gravatt Showgrounds Amendment Bill 2011 [s 6] '(2) The Minister may— (a) (b) refuse to recommend a person, nominated by Brisbane City Council or the society, for appointment as a member of the trust; and recommend another person, whom the Minister considers appropriate, for appointment as a member of the trust in place of a person nominated for appointment by Brisbane City Council or the society. '(3) The power of the Minister to refuse to recommend a person for appointment as a member of the trust under subsection (2)(a) is in addition to, and does not limit, a power the Minister may exercise under section 9. '6E Matters Minister must have regard to for appointment 'In recommending a person for appointment to the trust the Minister must have regard to— (a) (b) the range of skills, expertise and experience necessary or desirable for members of the trust; and the need for balanced gender representation in the membership of the trust. '6F No inconsistency with Anti-Discrimination Act 1991 'To remove any doubt, it is declared that— (a) (b) Page 8 a requirement in relation to the need for balanced gender representation in the membership of the trust under section 6A, 6B, 6D or 6E is not unlawful discrimination on the basis of sex for the Anti-Discrimination Act 1991; and the making of a decision or the doing of another act that is necessary to comply with, or is specifically authorised by, section 6A, 6B, 6D or 6E is not inconsistent with the Anti-Discrimination Act 1991, . CIDMW BWNHY \o 1114 16 18 20 22 24262931 Clause 7 Clause 8 Clause 9 Mt. Gravatt Showgrounds Amendment Bill 2011 [s 7] Amendment of s 7 (Appointment of members of trust) d) (2) Section 7(1), ', other than the member ex officio' — omit. Section 7(2), ', other than the member ex officio' — omit. Amendment of s 10 (Disqualification for membership of trust) d) GA) (2) (3) (4) (5) D) Section 10O— insert— A person who is a member of the Commonwealth or State Parliament or a councillor of a local government, other than the councillor mentioned in section 6A(4), is disqualified for appointment as a member of the trust.'. Section 10(4), '4 penalty units' — omit, insert— "10 penalty units'. Section 10(5), '1 penalty unit'— omit, insert— '2 penalty units'. Section 10(3A) to (5)— renumber as section 10(A4) to (6). Section 10— insert— The maximum penalty to which a person is liable under subsection (6) is 20 penalty units.'. Replacement of s 11 (Vacating member's office) Section 11— omit, insert— Page 9 na WN ono 1113 1517192123 25 27 Mt. Gravatt Showgrounds Amendment Bill 2011 [s 10] 11 Vacating member's office "The office of a member of the trust becomes vacant if— (a) the member resigns office by signed notice given to the Minister; or (b) the member is removed from office under section 12; or (c) fora member who is the councillor mentioned in section 6A(4)—the member stops being that councillor.'. Clause 10 Amendment of s 12 (Removal from office) Section 12(1), ', other than the member ex officio,' — omit. Clause 11 Amendment of s 13 (Casual vacancies) d) '(D) (1A) '(1B) "IC) (2) Page 10 Section 13(1)— omit, insert— Where a vacancy occurs in the office of a member of the trust, another person who is not disqualified for membership under section 10 may be nominated or recommended under sections 6 to 6E and appointed to fill the vacancy. However, if the vacancy occurs under section 11(c), only the person who is presently the councillor mentioned in section 6A(4) may be nominated or recommended for appointment. For subsection (1), sections 6A to 6E apply with any necessary or convenient changes. Also, for applying section 6A(3)(a) for this section, the paragraph is taken to require that any nomination be made before the date stated in a written notice given to the Brisbane City Council or society by the Minister.'. Section 13(1A) to (2)— renumber as section 13(2) to (5). YD NWN BwWNH Oo wo 12 1517 1922 2426 28 413A Clause 12 Clause 13 Clause 14 Mt. Gravatt Showgrounds Amendment Bill 2011 [s 12] Insertion of new s 13A After section 13— insert— Appointment of chairperson of trust 'D (2) 3) (4) "S) This section applies if— (a) the members of the trust are newly appointed under section 7; or (b) _ the office of the chairperson of the trust becomes vacant. At the next meeting of the trust, the members must nominate at least 2 members to be the chairperson. A member of the trust chosen by the members present at the meeting is to preside at the meeting. The trust must give the nominations to the Minister within 14 days after the meeting. The Minister must appoint | of the nominees as chairperson of the trust by written notice given to the trust.'. Amendment of s 14 (Proceedings of trust) Section 14(1), from 'chairperson' to 'deputy chairperson' — omit, insert— 'deputy chairperson of the trust'. Amendment of s 21 (Powers of trust) d) (2) Section 21(d), after 'persons'— insert— ', including, for example, the right of the society to use the showgrounds to conduct an annual district show under section 23'. Section 21— insert— Page 11 CID WN R WN SE 12 14 16 1820 222528 Mt. Gravatt Showgrounds Amendment Bill 2011 [s 15] Clause 15 Clause 16 Clause 17 Page 12 '(2) Before letting, leasing or permitting the use of the showgrounds, or any part of the showgrounds, to or by an entity other than the society for a period that will include the period of 2 weeks for conducting the annual district show mentioned in section 23(1), the trust must consult with the society.'. Amendment of s 23 (Rights of society) (1) Section 23(1), 'sole'-— omit. (2) Section 23— insert— '(3) The society's right to occupation of the showgrounds under subsection (1) is subject to a right granted by the trust to an entity, other than the society, under section 21(1)(d).'. Amendment of s 25 (By-laws) Section 25(2), '4 penalty units' — omit, insert— "10 penalty units'. Insertion of new pt 6 After section 28— insert— DunkWwWne on 11 131618 20 Mt. Gravatt Showgrounds Amendment Bill 2011 [s 17] 'Part 6 Transitional provisions for the Mt. Gravatt Showgrounds Amendment Act 2011 'Division 1 Preliminary '29 Definitions for pt 6 'In this part— commencement means the commencement of this section. pre-amended Act means this Act as in force before the commencement of this section. 'Division 2 Continuation of membership and office holders '30 Members of trust continue in office '(1)_ This section applies to a person who, immediately before the commencement, was a member of the trust under the pre-amended Act. '(2) The person continues in office as a member of the trust until the membership of the trust is dissolved under section 34. '31 Chairperson and deputy chairperson continue in office '(1) This section applies to the member of the trust who, immediately before the commencement, was the chairperson or deputy chairperson of the trust under the pre-amended Act. '(2) The member continues in office as the chairperson or deputy chairperson of the trust until membership of the trust is dissolved under section 34. Page 13 OoOmA NNN 11 1417 19 2124 Mt. Gravatt Showgrounds Amendment Bill 2011 [s 17] 32 Removal of member 'Sections 30 and 31 apply subject to the member being removed from office under section 12. 'Division 3 Nomination process etc. before dissolution of membership of trust '33 Action may be taken to appoint members of trust '(1) Action may be taken under this Act and this Act applies for the purpose of the appointment of members of the trust that is to take effect on the dissolution day. '(2) For applying section 6A(3)(a) for this section, the paragraph is taken to require that any nomination be made before the date stated in a written notice given to the Brisbane City Council or society by the Minister. '(3) In this section— dissolution day means the day division 4 commences.'. 'Division 4 Dissolution of membership of trust '34 Dissolution of membership of trust 'On the commencement of this division, the members of the trust who continued in office under section 30 go out of office.' . © State of Queensland 2011 Page 14 Wn Wn oman a 1113 15 19