A Ml ++ AUDAX : AT: FIDELIS +} Queensland Revenue Amendment and Trade and Investment Queensland Bill 2013 Queensland Revenue Amendment and Trade and Investment Queensland Bill 2013 Contents Chapter 1 Preliminary 1 Short title 0.0... eee 2 Commencement... .......... 0.00 cece ee eee eee Chapter 2 Revenue Amendments Part 1 Amendment of Duties Act 2001 3 Actamended ........... 0 cc cee cette eee 4 Amendment of s 75 (What is a pooled public investment unit trust) eects 5 Amendment of s 123 (Exemption—particular distribution of dutiable property to a beneficiary) .....................005. 6 Amendment of ch 2, pt 13, div 3A, hdg (Exemptions for public superannuation entities). ... 2.02... 0.00. c eee eee eee eee 7 Amendment of s 130A (Exemption—transfer by direction to custodian for a superannuation entity)..................04. 8 Amendment of s 130B (Exemption—other transfers of fund property of public superannuation entities) ................. 9 Amendment of s 130C (What is an asset-backed security) ..... 10 Amendment of s 152 (Exemption—to correct clerical error in previous dutiable transaction)................-00 eee ee eee 11 Insertion of news 152A ..... 2... ee eee ee 152A Exemption—previous dutiable transaction for a section 152 exempt transaction if clerical error is a misdescription of property ..............--.0-0. 12 Amendment of s 155 (When transferees, lessees and vested persons for land must give notice for reassessment).......... 13 Amendment of s 202 (Application of proceeds of sale) ........ 14 Amendment of s 286 (What is a mortgage-backed security)... . 15 Amendment of s 349 (Imposition of insurance duty) .......... 13 13 1516 Revenue Amendment and Trade and Investment Queensland Bill 2013 Contents17Part 222 Part 327 Part 43032 Page 2 Amendment of s 362 (Rate of insurance duty—general and accident insurance) ..........0.0 0... c eee eee eee 16 Amendment of s 362 (Rate of insurance duty—general and accident INSUrANCe). . 2. eee 17 Amendment of s 506 (Requirement to keep particular instruments) we eet eee 17 Insertion of new ch 17, pt 18.1.6... eee ee eee 18 Part 18 Transitional provisions for Revenue Amendment and Trade and Investment Queensland Act 2013 650 Application of S 152A ..........0.....0 00a 18 651 Application of amendment of $155 ............... 18 652 Application of new rate of insurance duty under s 362 19 Amendment of sch 6 (Dictionary)....................0000. 19 Amendment of Electricity Act 1994 Actamended ........... 00. c cece eee teens 21 Amendment of s 90 (Deciding prices for non-market customers) 21 Amendment of news 90AAA ... 1.2... 0.00 cece ee eee 21 Q90AAA Deciding notified prices for 2013-14 financial year. . . 21 Amendment of ch 14, pt 12, hdg (Transitional provisions for Treasury (Cost of Living) and Other Legislation Amendment Act 2012)... 22 Omission of s 332 (Deciding notified prices for 2012-2013 financial YOR) eect e eee 22 Amendment of Financial Accountability Act 2009 Actamended ......... 0.0 c ce cee cece eee 22 Amendment of pt 7, div 2, hdg (Transitional provisions)........ 22 Insertion of new pt 7, div3........... 0.0... eee eee eee 23 Division 3 Transitional provision for Revenue Amendment and Trade and Investment Queensland Act 98 Closure of Queensland future growth fund......... 23 Amendment of Fire and Rescue Service Act 1990 Actamended ....... 00... 0c cece cette tenes 23 Amendment of long title .............. 0.00... cee eee eee 23 Amendment of s 20 (Fund). ............0 00.00 cee eee eee 24 Amendment of s 105 (Definitions) .....................00. 24 Replacement of pt 10, div 2, hdg (Funding for urban fire brigades) 25 Division 2 Matters relating to fund contributions Amendment of s 106 (Constitution of urban districts) ......... 25 36 Part 542 Part 644 Part 747 Revenue Amendment and Trade and Investment Queensland Bill 2013 Contents Amendment of s 107 (Liability to contribute) ................ 25 Amendment of s 113 (Appeal against local government's determination) 6. eee eee 26 Amendment of s 116 (Contribution to be paid into fund of component local government)... . 0.0.00... cece 28 Amendment of s 118 (Payments by component local governments to departments) ........0. 0... eee ee 28 Insertion of new pt 12, div6............ 00. eee eee eee 28 Division 6 Provisions for Revenue Amendment and Trade and Investment Queensland Act 2013 194 Definition for div6...........0.....0 00.2 e eee 29 195 Amounts in Queensland Fire and Rescue Service Fund at commencement ........... 06.0 e eee eee eee ee 29 196 References to fire levy notices and urban districts. . . 29 197 Appeals against fire levy notices ................ 29 198 Application of s 112 for local governments......... 30 199 Application of s 114 for local governments......... 30 Amendment of sch 6 (Dictionary)...............0....0005. 30 Amendment of First Home Owner Grant Act 2000 Actamended ........... 00. c cece eee teens 31 Amendment of s 8 (Meaning of relevant interest)............. 31 Amendment of Payroll Tax Act 1971 Actamended ........... 00. c cece eee teens 32 Amendment of s 14A (Exemption for parental, adoption or surrogacy leave)... 0... 6. eee eee 32 Insertion of new pt 11.......... 0.0.0. eee eee 32 Part 11 Transitional provision for Revenue Amendment and Trade and Investment Queensland Act143 Exemption unders 14A ..............2.00-000e 33 Amendment of Taxation Administration Act 2001 Actamended ........... 00. c cece eee teens 33 Amendment of s 22 (Time for reassessment increasing liability for tax) eee eee 33 Omission of pt 13, div 3, hdg (Transitional provision for Pay-roll Tax Act 1971)... 0.6 eee eee 34 Insertion of new pt 18........... 0.02. eee eee 34 Part 18 Transitional provision for Revenue Amendment and Trade and Investment Queensland Act Page 3 Revenue Amendment and Trade and Investment Queensland Bill 2013 Contents 175 Application of s 22 for existing reassessments. ..... Part 8 Repeal and minor amendments Division 1 Repeal of Future Growth Fund Act 2006 50 Repeal... 6... eee teens Division 2 Minor and consequential amendments 51 Acts amended ...... 0... 0. ce eee ccc ee ete eee Chapter 3 Trade and Investment Queensland Part 1 Preliminary 52 Object and achieving object....................00 eee 53 Extraterritorial application of Act............0......0000005 54 Dictionary... 2... ee teens 55 References to functions ............00. 0.00 eee eee eee eee Part 2 Trade and Investment Queensland Division 1 Establishment, functions and powers 56 Establishment and status................ 00. e eee eee eee 57 TIQ represents the State ............. 000... 0. eee eee 58 Application of other Acts... 0.2.2.2... eee eee eee ee 59 Functions .. 0... 6... ects 60 POWEIS 2... eet eens 61 Extraterritoriality.. 2.0.6... ec eee ee 62 Ministerial directions... ......... 0.0. c eee eee eee eee 63 Delegations ...... 0.0... cece eee eee 64 Authentication of documents ................. eee eee eee Division 2 Board Subdivision 1 Establishment, membership and related matters 65 Establishment.........0.0 0.000.000. 2c e eee eee ee eee 66 Role of board... 6.0... cee eee 67 Conditions of appointment ..............0..... 0c eee eee 68 Term of appointment. ..........0.. 0... eee eee 69 Chairperson ... 0.2... eee 70 Deputy chairperson ........ 00... 0c c eee eee eee 71 Disqualification from membership ...............0--00-00- 72 Vacation of Office... 6. eee eee 73 Committees .. 0.0... ee eee Subdivision 2 Business 74 Conduct of business... 0.2... 0.0... c cece ee eee eee Page 4 Revenue Amendment and Trade and Investment Queensland Bill 2013 Contents 75 Time and place of meetings.................00 00. e eee 45 76 QUOMUM 2... eee eee 45 77 Presiding at meetingS...... 0.0... 6... e eee eee eee ee eee 45 78 Conduct of meetings ...........0.. 0.00 cece eee eee 45 79 Minutes... 2.0... 6. 46 Subdivision 3 Duty of members 80 Disclosure of interests .......... 0.00... c cee eee eee 46 Division 3 Chief executive officer 81 Appointment... 2.0... 0c 48 82 Term of appointment. ..........0.. 0... 48 83 Conditions of appointment ..............0.... 0. eee eee 49 84 CEO's responsibilities................. 0000 e cece eee eee 49 Division 4 Reporting 85 Half-year reports. .... 2... cece eee ee 49 86 Board to keep Minister informed. ..................0000005 49 87 Reporting to department .............- 0.0. c eee eee eee 50 88 Other reporting requirements...................000200008 50 Part 3 Transfer of Trade Office's business to TIQ Division 1 Preliminary 89 Definitions for pt3........ 0.0... eee eee ee 50 Division 2 Transferable assets and liabilities etc. 90 What is the register .... 2.0.0.0... 0c cece ee eee eee 51 91 Transfer of transferable assets and liabilities etc.............. 52 92 Transfer of shareS.... 0.0... 0. eee ee eee eee 52 93 Application of transferable instruments .................00- 52 Division 3 Employees 94 What is the employee register ............. 0.0 c ee ee eee 53 95 Who is a transferable employee...............0022..0008- 54 96 Transfer of transferable employees. ....................05. 54 97 Preservation of rights of transferable employees............. 55 Division 4 Miscellaneous 98 TIQ successor in law .... 2... eee 55 99 Registering authority to register or record transfer or other dealing 55 100 Effect on legal relationships .................00....000 00s 56 101 Non-liability for State taxes... 0.20... cee eee ee 57 Revenue Amendment and Trade and Investment Queensland Bill 2013 Contents Part 4Part 5 104Part 6 107109111113Part 7116 Schedule 1 Schedule 2 Page 6 Miscellaneous provision Regulation-making power. .............0.0 00.002 eee eee Transitional provisions for Revenue Amendment and Trade and Investment Queensland Act 2013 Appointment of first CEO... 2.0... 2c eee TIQ's first strategic and operational plans .................. Effect of regulation amendment.................0--00008- Consequential amendments of Revenue Amendment and Trade and Investment Queensland Act 2013 Replacement of ch 1, hdg (Preliminary).................... Amendment of s 1 (Short title)..........0.......0...0000. Amendment of s 2 (Commencement) ..................05 Omission of ch 2 (Revenue and Other Legislation Amendments) Omission of ch 3, hdg and ch 3, pt 1 hdg................... Omission of sch 2 (Minor and consequential amendments ..... Amendment of long title. ........... 0... cece eee eee eee eee Renumbering of Act.......... 0.00. cece eee eee eee Expiry of part... 2... eee eee Amendment of Industrial Relations Regulation 2011 Regulation amended ............... 0.000.000 2c eee ee eee Insertion of news 145D....... 2... eee ee 145D Declaration for Act, s 692—Trade and Investment Queensland .......... 0.0.0.0 eee eee eee Expiry of part... 2... eee eee Dictionary ........... 00... eee Minor and consequential amendments .................. Duties Act 2001... 10... . eect eee Fire and Rescue Service Act 1990..................000005 596060606161 626565 A Bill for An Act to amend the Duties Act 2001, the Electricity Act 1994, the Financial Accountability Act 2009, the Fire and Rescue Service Act 1990, the First Home Owner Grant Act 2000, the Payroll Tax Act 1971 and the Taxation Administration Act 2001 for particular purposes, to repeal the Future Growth Fund Act 2006, and to provide for an Act to establish Trade and Investment Queensland and to amend the Industrial Relations Regulation 2011 for related purposes Revenue Amendment and Trade and Investment Queensland Bill 2013 Chapter 1 Preliminary [s 1] The Parliament of Queensland enacts— Chapter 1 Clause 1 Clause 2 Page 8 Preliminary Short title This Act may be cited as the Revenue Amendment and Trade and Investment Queensland Act 2013. Commencement (1) Section 4 is taken to have commenced on 6 September 2011. (2) The following provisions are taken to have commenced on 26 October 201 1— (a) sections 6 to 8 and 20(3) and (4); (b) — section 20(1), except to the extent it omits the definition exempt managed investment scheme; (c) section 20(2), except to the extent it inserts the definitions exempt managed investment scheme and section 152 exempt transaction; (d) schedule 2, amendments of the Duties Act 2001, item 1. (3) Sections 9 and 14 are taken to have commenced on 7 October 2012. (4) The following provisions are taken to have commenced on 26 October 2012— (a) section 20(1), to the extent it omits the definition exempt (b) managed investment scheme; section 20(2), to the extent it inserts the definition exempt managed investment scheme. (5) The following provisions commence on 1 July 2013— (a) chapter 2, parts 3 and 4 and part 8, division 1; oN on NW 12 1418 20 22 24 26 (6) 7) (8) Revenue Amendment and Trade and Investment Queensland Bill 2013 Chapter 2 Revenue Amendments Part 1 Amendment of Duties Act 2001 [s 3] (b) schedule 2, to the extent it amends the Fire and Rescue Service Act 1990. The following provisions commence on 1 August 2013— (a) section 17; (b) section 19, to the extent it inserts new section 652. Chapter 3, part 6 commences immediately after section 17 commences. The following provisions commence on a day to be fixed by proclamation— (a) chapter 3, parts 3 and 7; (b) schedule 1, definitions asset, employee, employee register, register, Trade Office, transfer, transferable asset, transferable assets and liabilities, transferable employee, transferable instrument, transferable liability, transferable proceeding and transfer day. Chapter 2 Revenue Amendments Part 1 Amendment of Duties Act 2001 Clause 3 Act amended This part amends the Duties Act 2001. Note— See also the amendments in schedule 2. Clause 4 Amendment of s 75 (What is a pooled public investment unit trust) Section 75(1), from 'or exempt' to 'for which'— Page 9 Com ND NW FW Ne — So RR RRR MABWNR 19 21 23 Revenue Amendment and Trade and Investment Queensland Bill 2013 Chapter 2 Revenue Amendments Part 1 Amendment of Duties Act 2001 [s 5] Clause 5 Clause 6 Clause 7 Page 10 omit, insert— , exempt managed investment scheme or pooled superannuation trust for which Amendment of s 123 (Exemption—particular distribution of dutiable property to a beneficiary) (1) Section 123— insert— (2A) The trust acquisition of a beneficiary's trust interest is not exempt from transfer duty for the purposes of subsection (2)(b)(ii) if transfer duty is not imposed on the acquisition because of the operation of section 66(2). (2) Section 123(2A) and (3)— renumber as section 123(3) and (4). Amendment of ch 2, pt 13, div 3A, hdg (Exemptions for public superannuation entities) Chapter 2, part 13, division 3A, heading, 'public'-— omit, insert— eligible Amendment of s 130A (Exemption—transfer by direction to custodian for a superannuation entity) (1) Section 130A(1)— omit, insert— d) Subject to subsections (2) and (3), transfer duty is not imposed on a transfer of dutiable property from a person as vendor to another person as custodian for the trustee of one of the following entities (each an eligible superannuation entity )— Wn om ND WS 1114 16 1821 23 252729 Clause 8 Revenue Amendment and Trade and Investment Queensland Bill 2013 Chapter 2 Revenue Amendments Part 1 Amendment of Duties Act 2001 [s 8] (a) a public superannuation entity; (b) a complying superannuation fund, if the trustee has, under the Superannuation Industry Act, section 19(4), given a written notice electing to apply that Act in relation to the fund to APRA or an entity other than APRA. (2) Section 130A(2), 'However, subsection' — omit, insert— Subsection (3) Section 130A(2)(a) and (b), 'approved' — omit. (4) Section 130A— insert— (3) _ If the trustee of the eligible superannuation entity has given a written notice to an entity other than APRA as mentioned in subsection (1)(b), subsection (1) applies only if the transfer of dutiable property is the transfer of an acquirable asset to the custodian to be held on trust for the trustee in compliance with the Superannuation Industry Act, section 67A(1)(b). (4) In this section— APRA see the Superannuation Industry Act, section 10. Amendment of s 130B (Exemption—other transfers of fund property of public superannuation entities) (1) Section 130B, heading, 'public'— omit, insert— eligible Page 11 0M ADNHWNYN a WN RF OO NNN RRR eR NR COOmDNDNN N wo NWN AK 27 29 Revenue Amendment and Trade and Investment Queensland Bill 2013 Chapter 2 Revenue Amendments Part 1 Amendment of Duties Act 2001 [s 8] Page 12 (2) (3) (4) (5) (6) Section 130B(1), from 'Transfer' to 'a public' — omit, insert— Subject to subsections (2) and (3), transfer duty is not imposed on a transfer, or agreement for the transfer, of fund property of an eligible Section 130B(1)(a) and (b), 'approved'— omit. Section 130B(2), 'However, subsection' — omit, insert— Subsection Section 130B(2)(b), 'public' — omit, insert— eligible Section 130B— insert— (3) If the trustee of the eligible superannuation entity has given a written notice to an entity other than APRA as mentioned in section 130A(1)(b), subsection (1) applies to the transfer or agreement only if— (a) (b) for a transaction mentioned in subsection (1)(a)—the property the subject of the transfer or agreement is an acquirable asset that is, on completion of the transfer, held on trust by the custodian for the trustee in compliance with the Superannuation Industry Act, section 67A(1)(b); or for a transaction mentioned in subsection (1)(b)—the property the subject of the transfer or agreement is an acquirable asset that, immediately before the transfer, was held on trust by the custodian for the trustee om NAN HD UNPW NY a nk WN KF CO NOR eee COmMDND NNNNNNN AUNDNNBWNH WWWNN NRF OO Clause 9 Clause 10 Clause 11 Revenue Amendment and Trade and Investment Queensland Bill 2013 Chapter 2 Revenue Amendments Part 1 Amendment of Duties Act 2001 [s 9] in compliance with the Superannuation Industry Act, section 67A(1)(b). Amendment of s 130C (What is an asset-backed security) Section 130C(1)— insert— (d) a covered bond within the meaning of the Banking Act 1959 (Cwlth), section 26, if the cover pool for the covered bond under that section consists of either of the following— (i) a financial asset; (ii) a pool of financial assets. Amendment of s 152 (Exemption—to correct clerical error in previous dutiable transaction) Section 152— insert— (3) A dutiable transaction to which this section applies is a section 152 exempt transaction. Insertion of new s 152A Chapter 2, part 13, division 5— insert— 152A Exemption—previous dutiable transaction for a section 152 exempt transaction if clerical error is a misdescription of property d) Transfer duty is not imposed on a dutiable transaction that is the previous dutiable transaction for a section 152 exempt transaction if— Page 13 Noe OCOMDAND NX HW 13 15 17 19 222527 Revenue Amendment and Trade and Investment Queensland Bill 2013 Chapter 2 Revenue Amendments Part 1 Amendment of Duties Act 2001 [s 11] Page 14 (2) (3) (a) (b) (c) (d) (e) (f) the previous dutiable transaction is the transfer, or agreement for the transfer, of dutiable property; and the clerical error in the previous dutiable transaction is a misdescription of the property; and in addition to the section 152 exempt transaction, there is another transfer, or agreement for the transfer, of dutiable property (the third dutiable transaction) that, other than for the error, would have been the subject of the previous dutiable transaction; and the sole purpose of the third dutiable transaction is to correct the error; and no consideration is paid or payable for any dutiable transaction entered into to correct the error, other than the consideration already paid or payable for the previous dutiable transaction; and the beneficial interests in the property the subject of the previous dutiable transaction and third dutiable transaction change only to the extent necessary to correct the error. If, under an assessment, transfer duty is imposed on a previous dutiable transaction to which subsection (1) applies, on application in the approved form by a party to the previous dutiable transaction the commissioner must make a reassessment of transfer duty on the basis that transfer duty is not imposed on the previous dutiable transaction. In this section— COAN DANK WNe RRR WNrF oO ine ns NOR Ree COAND NNNN BWNR WBWWNNNNYN NR COOmBDNDNN uo ww Revenue Amendment and Trade and Investment Queensland Bill 2013 Chapter 2 Revenue Amendments Part 1 Amendment of Duties Act 2001 [s 12] previous dutiable transaction means a previous dutiable transaction mentioned in section 152(1) in relation to a section 152 exempt transaction. Clause 12 Amendment of s 155 (When transferees, lessees and vested persons for land must give notice for reassessment) (1) Section 155(3), definition notifiable event, paragraph (a), 'land within 1 year after' — omit, insert— land before, or within 1 year after, (2) Section 155(3), definition notifiable event, paragraph (b)— renumber as section 155(3), definition notifiable event, paragraph (c). (3) Section 155(3), definition notifiable event— insert— (b) if the relevant transaction is the acquisition, mentioned in section 85(b), of a lease of residential or vacant land—the surrender of the lease before, or within 1 year after, the lessee's occupation date for the residence on the land; or Clause 13 Amendment of s 202 (Application of proceeds of sale) Section 202(c) and (d)— omit, insert— (c) (d) third, in payment of the outstanding amount of landholder duty under the Administration Act, section 42; fourth, in payment of amounts secured by a security interest or charge on the land recorded before the charge mentioned in Page 15 wn Co ON ANF 11 13 15 171921 232629 Revenue Amendment and Trade and Investment Queensland Bill 2013 Chapter 2 Revenue Amendments Part 1 Amendment of Duties Act 2001 [s 14] Clause 14 Clause 15 Clause 16 Page 16 section 200(1)(a), unless the land is sold subject to the security interest or charge; Amendment of s 286 (What is a mortgage-backed security) Section 286(1)— insert— (d) a covered bond within the meaning of the Banking Act 1959 (Cwlth), section 26, if the cover pool for the covered bond under that section consists of either of the following— (i) aloan secured by a mortgage; (ii) a pool of mortgages, if all mortgages in the pool or collection of assets comprising the pool of mortgages under section 288 are loans secured by a mortgage. Amendment of s 349 (Imposition of insurance duty) Section 349(2)(a)— omit, insert— (a) for general insurance— G) if a regulation states that duty is payable only on a part of the premium—that part of the premium; or (ii) otherwise—premiums for the insurance; Amendment of s 362 (Rate of insurance duty—general and accident insurance) Section 362(1)— Noe COmArNI ND Nn PW 11 13151820 2225 27 Clause 17 Clause 18 Revenue Amendment and Trade and Investment Queensland Bill 2013 Chapter 2 Revenue Amendments Part 1 Amendment of Duties Act 2001 omit, insert— d) The rate of insurance duty imposed on a [s 17] premium for general insurance or, if section 349(2)(a)(i) applies, the part of the premium, is— (a) 7.5% of the premium or part of the premium to the extent to which the premium or part of the premium is paid to effect class insurance; or (b) 5% of the premium or part of the general premium to the extent to which the premium or part of the premium is paid to effect class 2 general insurance. Amendment of s 362 (Rate of insurance duty—general and accident insurance) (1) Section 362(1)(a), '7.5%' — omit, insert— 9% (2) Section 362(1)(b), '5%'— omit, insert— 9%. Amendment of s 506 (Requirement to keep particular instruments) Section 506(1) to (3)— omit, insert— d) The trustee of a unit trust must keep an instrument that effects or evidences— (a) an acquisition or disposition of a unit in the trust; or Page 17 CIDMW BWNHY \o 1114 161820 22 24 26 28 Revenue Amendment and Trade and Investment Queensland Bill 2013 Chapter 2 Revenue Amendments Part 1 Amendment of Duties Act 2001 [s 19] (2) (3) (b) for a listed unit trust—any other acquisition of an interest in the trust. A corporation or society must keep an instrument that effects or evidences an acquisition of an interest in the corporation or society. For subsections (1)(b) and (2), an acquisition of an interest in a corporation, society or listed unit trust includes an acquisition of an interest to which section 162 would apply if the reference in that section to a landholder were a reference to a corporation, society or listed unit trust. Clause 19 Insertion of new ch 17, pt 18 After chapter 17, part 17— insert— Part 18 Transitional provisions for Revenue Amendment and Trade and Investment Queensland Act 2013 650 Application of s 152A Section 152A is taken to apply to a previous dutiable transaction within the meaning of section 152A(3) that happens before the commencement of this section, if the third dutiable transaction under section 152A(1)(c) to correct the clerical error in the previous dutiable transaction is entered into on or after 4 February 2012. 651 Application of amendment of s 155 Page 18 d) Section 155, as in force on the commencement of this section, applies to a dutiable transaction only BRE OONIND WBW NH re oO peiilendiilend WN Leet ee oe er omni nanwn 222426 29 Revenue Amendment and Trade and Investment Queensland Bill 2013 (2) Chapter 2 Revenue Amendments Part 1 Amendment of Duties Act 2001 [s 20] if liability for transfer duty for the transaction arises on or after the commencement of this section. Section 155, as in force before the commencement of this section, continues to apply to a dutiable transaction if liability for transfer duty for the transaction arose before the commencement of this section. 652 Application of new rate of insurance duty under s 362 d) (2) The new rate of insurance duty applies to a premium paid for general insurance on or after the commencement of this section only if the contract that effects the general insurance is entered into on or after the commencement of this section. In this section— new rate, of insurance duty, means the rate of insurance duty imposed on the premium under section 362(1), as amended by the Revenue Amendment and Trade and _ Investment Queensland Act 2013, section 17. Clause 20 Amendment of sch 6 (Dictionary) d) (2) omit. Schedule 6— insert— Schedule 6, definitions approved trustee, exempt managed investment scheme, fund property and trustee— acquirable asset, for sections 130A and 130B, means an acquirable asset under the Superannuation Industry Act, section 10. Page 19 CYIADAMWR WHR 121416 192125 2730 Revenue Amendment and Trade and Investment Queensland Bill 2013 Chapter 2 Revenue Amendments Part 1 Amendment of Duties Act 2001 [s 20] Page 20 eligible superannuation entity see section 130A. exempt managed investment scheme means a unit trust that is a managed investment scheme under the Corporations Act if, under section 601ED(2) of that Act, the unit trust does not have to be registered because of the issue of units in the trust only to wholesale clients within the meaning of section 761G(4) of that Act, including to persons who are not retail clients under section 761GA of that Act. fund property means dutiable property of an eligible superannuation entity held by a person as— (a) the trustee of the entity; or (b) acustodian for the trustee of the entity. section 152 exempt transaction see section 152(3). Superannuation Industry Act means the Superannuation Industry (Supervision) Act 1993 (Cwlth). trustee— (a) generally—includes a former trustee; and (b) of an eligible superannuation entity for sections 130A and 130B, means— (i) _ if the entity's trustee is an RSE licensee under the Superannuation Industry Act, section 10—the RSE licensee; or (ii) otherwise—the trustee of the entity under the Superannuation Industry Act, section 10. (3) Schedule 6, definition custodian, paragraph (b), from 'a public' to 'division 3A'— omit, insert— OMAINADNPWNY — So RRR WNe ee ns Re eon Nore CoOew NN No NN KO NHN AUNAMN WNW laaeNome <) WwW Ww Noe uo ww Clause Clause Clause Revenue Amendment and Trade and Investment Queensland Bill 2013 Chapter 2 Revenue Amendments Part 2 Amendment of Electricity Act 1994 [s 21] an eligible superannuation entity (4) Schedule 6, definition public superannuation entity, paragraph (e), 'approved' — omit. Part 2 Act amended Amendment of Electricity Act This part amends the Electricity Act 1994. Amendment of s 90 (Deciding prices for non-market customers) Section 90(7), note— omit. Amendment of new s 90AAA After section 90— insert— 90AAA Deciding notified prices for 2013-14 financial year d) (2) This section applies if, under section 90, the Minister is the pricing entity for a particular tariff for the relevant tariff year. Despite section 90, in making a_ price determination for the relevant tariff year, the pricing entity need not have regard to the matters mentioned in section 90(5)(a) in relation to a particular tariff. Page 21 BR WN 11 14 17 192224 Clause Clause Clause Clause Revenue Amendment and Trade and Investment Queensland Bill 2013 Chapter 2 Revenue Amendments Part 3 Amendment of Financial Accountability Act 2009 [s 24] (3) This section expires on 1 July 2014. (4) In this section— relevant tariff year means the financial year starting on 1 July 2013. Amendment of ch 14, pt 12, hdg (Transitional provisions for Treasury (Cost of Living) and Other Legislation Amendment Act 2012) Chapter 14, part 12, heading, 'provisions'— omit, insert— provision Omission of s 332 (Deciding notified prices for 2012-2013 financial year) Section 332— omit. Part 3 Amendment of Financial Page 22 Accountability Act 2009 Act amended This part amends the Financial Accountability Act 2009. Amendment of pt 7, div 2, hdg (Transitional provisions) Part 7, division 2, heading, after 'provisions' — insert— for Act No. 9 of 2009 BW N Oo DANDN 12 14 16 18 2022 Revenue Amendment and Trade and Investment Queensland Bill 2013 Chapter 2 Revenue Amendments Part 4 Amendment of Fire and Rescue Service Act 1990 [s 28] Clause 28 Insertion of new pt 7, div 3 Part 7— insert— Division 3 Transitional provision for Revenue Amendment and Trade and Investment Queensland Act 2013 98 Closure of Queensland future growth fund On the repeal of the Future Growth Fund Act 2006— (a) the Queensland future growth fund established under that Act is closed; and (b) any amount remaining in the fund is transferred to the consolidated fund. Part 4 Amendment of Fire and Rescue Service Act 1990 Clause 29 Act amended This part amends the Fire and Rescue Service Act 1990. Note— See also the amendments in schedule 2. Clause 30 Amendment of long title Long title, 'Service and'— omit, insert— Page 23 NYNAWA 11 13 15 1719 21 Revenue Amendment and Trade and Investment Queensland Bill 2013 Chapter 2 Revenue Amendments Part 4 Amendment of Fire and Rescue Service Act 1990 [s 31] Clause 31 Clause 32 Page 24 Service, to establish a fund for particular purposes, Amendment of s 20 (Fund) d) (2) (3) Section 20(1), 'Queensland Fire and Rescue Service Fund'— omit, insert— Emergency Management, Fire and Rescue Fund Section 20(5)— omit, insert— (5) An amount is payable from the fund for— (a) the purposes of this Act; or (b) the management, by the Queensland Fire and Rescue Service or another entity administered or funded wholly or partly by the State, of the adverse effects or potential adverse effects of an incident or event. Example of management for paragraph (b)— making arrangements for mitigating the effects of, preparing for, responding to and recovering from an event Section 20(7)— insert— event see the Disaster Management Act 2003. Amendment of s 105 (Definitions) d) (2) Section 105(1), definition component local government— omit. Section 105(1), definition prescribed property, 'an urban' — omit, insert— a levy amrAI HNN FW NY 11131720232527 Clause 33 Clause 34 Clause 35 Revenue Amendment and Trade and Investment Queensland Bill 2013 Chapter 2 Revenue Amendments Part 4 Amendment of Fire and Rescue Service Act 1990 [s 33] Replacement of pt 10, div 2, hdg (Funding for urban fire brigades) Part 10, division 2, heading— omit, insert— Division 2 Matters relating to fund contributions Amendment of s 106 (Constitution of urban districts) (1) Section 106, heading, 'urban'— omit, insert— levy (2) Section 106, 'an urban' omit, insert— a levy (3) Section 106, 'urban districts' omit, insert— levy districts (4) Section 106(1)(a), 'the purposes of'— omit. (5) Section 106(2), 'any urban'— omit, insert— any levy (6) Section 106(3)— omit. Amendment of s 107 (Liability to contribute) (1) Section 107(1), from 'cost'— omit, insert— Page 25 Dn FW Ne 11131517192123 25 Revenue Amendment and Trade and Investment Queensland Bill 2013 Chapter 2 Revenue Amendments Part 4 Amendment of Fire and Rescue Service Act 1990 [s 36] Clause 36 Page 26 cost of— (a) administering and giving effect to this Act; and (b) managing the matters mentioned in section 20(5)(b). (2) Section 107(1A)— omit, insert— (1A) _ If a parcel of farming land shares a boundary with 1 or more other parcels of farming land (each a contiguous parcel), and each of the contiguous parcels are owned by the same owner, the contiguous parcels are, for this part, taken to be 1 prescribed property. (1B) Despite subsection (2), a portion of a contiguous parcel that is a separate parcel under section 105(1), definition prescribed property, paragraph (b) is a separate prescribed property for this part. (3) Section 107(3), '(2)(a)'— omit, insert— (4)(a) (4) Section 107(4)— insert— farming land means land used for farming within the meaning of the Land Valuation Act 2010, section 48. (5) Section 107(1A) to (4)— renumber as section 107(2) to (6). Amendment of s 113 (Appeal against local government's determination) (1) Section 113(1) and (2), 'fire'— om ND NF WN RR Re WNrF © Ree ee ADM NN NY Ye wn Fe OC OO 25 27 29 Revenue Amendment and Trade and Investment Queensland Bill 2013 Chapter 2 Revenue Amendments Part 4 Amendment of Fire and Rescue Service Act 1990 [s 36] omit. (2) Section 113(1)(b) and (c)— omit, insert— (b) that an amount shown in the notice is incorrect because of a _ typographical, mathematical or similar error, including a typographical or similar error incorrectly categorising the property; (c) that, for determining the contributions payable under section 108— (i) the local government has incorrectly categorised the property, other than because of an error mentioned in paragraph (b); or (ii) the prescribed property should in the circumstances be taken to be within a category other than the category on which the local government based its determination. (3) Section 113— insert— (4A) However, the chief executive need not consider an appeal against a levy notice for the property if— (a) an appeal against a previous levy notice for the same property has been lodged under this section on a ground mentioned in subsection (1)(a) or (c); and (b) the appeal was rejected; and (c) since the appeal against the previous levy notice was lodged, there has not been a material change of use under the Page 27 CIDMAR WN \o 1214 161821 232628 31 Revenue Amendment and Trade and Investment Queensland Bill 2013 Chapter 2 Revenue Amendments Part 4 Amendment of Fire and Rescue Service Act 1990 [s 37] Sustainable Planning Act 2009 for the property. (4) Section 113(4A) to (7)— renumber as section 113(5) to (9). Clause 37 Amendment of s 116 (Contribution to be paid into fund of component local government) (1) Section 116, heading, 'component' — omit. (2) Section 116, from 'component'— omit, insert— local government under this part must be paid into its operating fund. Clause 38 Amendment of s 118 (Payments by component local governments to departments) (1) Section 118, 'component'— omit. (2) Section 118(1), from '(or' to 'fund)'— omit. Clause 39 Insertion of new pt 12, div 6 Part 12— insert— Page 28 BW NR Co ON DAN 12 14 1618 20 Revenue Amendment and Trade and Investment Queensland Bill 2013 Chapter 2 Revenue Amendments Part 4 Amendment of Fire and Rescue Service Act 1990 [s 39] Division 6 Provisions for Revenue Amendment and Trade and Investment Queensland Act 2013 194 Definition for div 6 In this division— commencement means the day this section commences. 195 Amounts in Queensland Fire and Rescue Service Fund at commencement On the commencement, amounts in the Queensland Fire and Rescue Service Fund immediately before the commencement form part of the Emergency Management, Fire and Rescue Fund. 196 References to fire levy notices and urban districts If the context permits, a reference in an Act or document— (a) toa fire levy notice under this Act before the commencement includes a reference to a levy notice; and (b) to an urban district under this Act before the commencement includes a reference to a levy district; and (c) to the Queensland Fire and Rescue Service Fund includes a reference to the Emergency Management, Fire and Rescue Fund. 197 Appeals against fire levy notices (1) _ This section applies if— Page 29 BRwWN eR on nn 1214 16 18 20232629 Revenue Amendment and Trade and Investment Queensland Bill 2013 Chapter 2 Revenue Amendments Part 4 Amendment of Fire and Rescue Service Act 1990 [s 40] Clause 40 Page 30 (a) immediately before the commencement, an owner of property could have lodged an appeal against a fire levy notice under section 113; and (b) on the commencement, the owner has not lodged the appeal. (2) Section 113, as in force immediately before the commencement, continues to apply in relation to an appeal about the fire levy notice. 198 Application of s 112 for local governments Despite section 112, for the financial year ending 30 June 2014, a local government may make the determinations mentioned in section 112(1) on any day during that financial year. 199 Application of s 114 for local governments (1) _ This section applies to a local government for the financial year ending 30 June 2014 (the relevant financial year). (2) Despite section 114(1)(b), if a local government gives to the owner of a prescribed property a levy notice as a separate notice, the notice may be given at any time during the relevant financial year. (3) Also, despite section 114(4), if a local government gives to the owner of a prescribed property a levy notice as an item on | or more rate notices, the notices may be given at any time during the relevant financial year. Amendment of sch 6 (Dictionary) (1) Schedule 6, definitions owner and urban district— OMANI DN BPWNYK 1214 172022252730 Revenue Amendment and Trade and Investment Queensland Bill 2013 Chapter 2 Revenue Amendments Part 5 Amendment of First Home Owner Grant Act 2000 [s 41] omit. (2) Schedule 6— insert— owner, of premises— (a) generally—means the person who is entitled to receive rent for the premises, or would be entitled to receive rent for the premises if the premises were leased; and (b) for part 10—see section 105(1). levy district means a part of the State constituted as a levy district under section 106. prescribed property see section 105. (3) Schedule 6, definition fund, 'Queensland Fire and Rescue Service Fund' — omit, insert— Emergency Management, Fire and Rescue Fund Part 5 Amendment of First Home Owner Grant Act 2000 Clause 41 Act amended This part amends the First Home Owner Grant Act 2000. Clause 42 Amendment of s 8 (Meaning of relevant interest) (1) Section 8(1)(h)Gi)— renumber as section 8(1)(h)(iii). (2) Section 8(1)(h)— Page 31 CID BwWN \o 11 14 16 18 20 22 24 Revenue Amendment and Trade and Investment Queensland Bill 2013 Chapter 2 Revenue Amendments Part 6 Amendment of Payroll Tax Act 1971 (ii) the home was built before the holder of the interest acquired the interest or entered into an agreement to acquire the interest; and Amendment of Payroll Tax Act This part amends the Payroll Tax Act 1971. Amendment of s 14A (Exemption for parental, adoption (b) for a part-time employee— [s 43] insert— Part 6Clause 43 Act amended Clause 44 or surrogacy leave) Section 14A(4)(b)— omit, insert— (i) (ii) Clause 45 Insertion of new pt 11 Page 32 After section 142— insert— if the employee takes leave on the employee's part-time rate of pay—a period of 14 weeks' leave on that rate of pay; or if the employee takes leave on a rate of pay that is less than the employee's part-time rate of pay—a_ period equivalent to 14 weeks' leave on the employee's part-time rate of pay. BWN 11 13 1517 192124 Revenue Amendment and Trade and Investment Queensland Bill 2013 Chapter 2 Revenue Amendments Part 7 Amendment of Taxation Administration Act 2001 [s 46] Part 11 Transitional provision for Revenue Amendment and Trade and Investment Queensland Act 2013 143 Exemption under s 14A Section 14A(4)(b), as amended by the Revenue Amendment and Trade and Investment Queensland Act 2013, is taken to have had effect on and from 16 April 2011. Part 7 Amendment of Taxation Clause 46 Clause 47 Administration Act 2001 Act amended This part amends the Taxation Administration Act 2001. Amendment of s 22 (Time for reassessment increasing liability for tax) Section 22(2)(b), from 'under' — omit, insert— into the taxpayer's liability for tax has started under either or both of the following— (i) part 7; (ii) a recognised law. Page 33 nA BR wWN FPomn a 12 14 16 18 20 22 Revenue Amendment and Trade and Investment Queensland Bill 2013 Chapter 2 Revenue Amendments Part 8 Repeal and minor amendments [s 48] Clause 48 Omission of pt 13, div 3, hdg (Transitional provision for Pay-roll Tax Act 1971) Part 13, division 3, heading— omit. Clause 49 Insertion of new pt 18 After part 17— insert— Part 18 Transitional provision for Revenue Amendment and Trade and Investment Queensland Act 2013 175 Application of s 22 for existing reassessments Section 22(2)(b) applies in relation to an investigation into a taxpayer's liability for tax under a recognised law started before the commencement of this section as if the investigation had started after the commencement. Part 8 Repeal and minor amendments Division 1 Repeal of Future Growth Fund ActClause 50 Repeal Page 34 The Future Growth Fund Act 2006, No. 32 is repealed. Rw Ne om nnn 151721 23 Revenue Amendment and Trade and Investment Queensland Bill 2013 Chapter 3 Trade and Investment Queensland Part 1 Preliminary [s 51] Division 2 Minor and consequential Clause 51 amendments Acts amended Schedule 2 amends the Acts it mentions. Chapter 3 Trade and Investment Queensland Part 1 Preliminary Clause 52 Object and achieving object (1) The object of this Act is to achieve economic and social benefits for Queensland by facilitating, supporting and encouraging trade, investment and other commercial opportunities for Queensland, including between Queensland and foreign countries. (2) The object is to be primarily achieved by establishing Trade and Investment Queensland. Clause 53 Extraterritorial application of Act (1) This Act applies both within and outside Queensland. (2) This Act applies outside Queensland to the full extent of the extraterritorial legislative power of the Parliament. Page 35 1113 15 17 19 Clause Clause Clause Clause Revenue Amendment and Trade and Investment Queensland Bill 2013 Chapter 3 Trade and Investment Queensland Part 2 Trade and Investment Queensland [s 54] 54 Dictionary The dictionary in schedule 1 defines particular words used in this Act. 55 References to functions In this Act— (a) areference to a function includes a reference to a power; and (b) a reference to performing a function includes a reference to exercising a power. Part 2 Trade and Investment Queensland Division 1 Establishment, functions and powers 56 Establishment and status (1) Trade and Investment Queensland (TIQ) is established. (2) TIQ— (a) is a body corporate; and (b) has a seal; and (c) may sue and be sued in its corporate name. 57 TIQ represents the State (1) TIQ represents the State. Page 36 Wn Om ND Nn Ff 11 13 151719 21 Clause 58 Clause 59 Revenue Amendment and Trade and Investment Queensland Bill 2013 Chapter 3 Trade and Investment Queensland Part 2 Trade and Investment Queensland [s 58] (2) Without limiting subsection (1), TIQ has the status, privileges and immunities of the State. Application of other Acts (1) TIQ isa statutory body under— (a) _ the Financial Accountability Act 2009; and (b) the Statutory Bodies Financial Arrangements Act 1982 (the SBFA Act). (2) The SBFA Act, part 2B sets out the way in which TIQ's powers under this Act are affected by the SBFA Act. Functions (1) TIQ has the following functions— (a) to facilitate, encourage, promote, identify, attract and develop trade and investment opportunities; (b) to assist, directly or indirectly, entities in relation to trade and investment opportunities; (c) to promote, or participate in or coordinate projects to promote trade and investment opportunities; (d) to obtain, and make available to entities, information relating to existing or future trade and investment opportunities; (e) to conduct research into, and analysis of, trade and investment opportunities; (f) to work collaboratively with public sector units and other entities in relation to increasing trade and investment opportunities; (g) to develop and administer schemes in relation to export markets and foreign direct investment; Page 37 Noe Om ND Nn FW 11 13 15 17 1922 2427 Revenue Amendment and Trade and Investment Queensland Bill 2013 Chapter 3 Trade and Investment Queensland Part 2 Trade and Investment Queensland [s 60] Clause 60 Page 38 (h) (i) co) (k) @ (m) (n) (0) (p) to facilitate access by persons to Commonwealth and State entities if that access is likely to enhance trade and investment opportunities; to undertake trade missions for purposes in relation to TIQ's functions; to establish and administer offices in foreign countries for purposes in relation to TIQ's functions; to act outside Australia as agent for the State if requested by the Minister; to advise the Minister about the functions mentioned in paragraphs (a) to (k); to provide policy advice to the Minister in relation to trade and investment opportunities; anything else likely to complement or enhance a function mentioned under this section; to perform functions of the type to which paragraph (n) applies and given to TIQ in writing by the Minister; any other function given to it under an Act. (2) In this section— trade and investment opportunities means trade, investment and other commercial opportunities in Queensland and between Queensland and other States or foreign countries. Powers TIQ has all the powers of an individual and may, for example— (a) enter into contracts or agreements; and (b) acquire, hold, deal with, and dispose of, property; and (c) appoint agents and attorneys; and (d) engage consultants and researchers; and COA ND NH WNe ee re oO aeilend Wn ine ns RR on re oe \o ow NNW NRO 25 2729 Clause 61 Clause 62 Clause 63 Revenue Amendment and Trade and Investment Queensland Bill 2013 Chapter 3 Trade and Investment Queensland Part 2 Trade and Investment Queensland [s 61] (e) charge a fee for services and other facilities it supplies; and (f) do anything else necessary or convenient to be done in performing its functions. Extraterritoriality TIQ may perform its functions inside and outside Queensland, including outside Australia. Ministerial directions d) (2) (3) (4) The Minister may give TIQ a written direction in relation to TIQ and its subsidiaries. TIQ must comply with the direction. The board must ensure the direction is complied with in relation to TIQ and must, as far as practicable, ensure it is complied with in relation to its subsidiaries. In this section— subsidiary, of TIQ, means a body corporate that is a subsidiary of TIQ under the Corporations Act, part 1.2, division 6. Delegations d) (2) (3) TIQ may delegate any of its functions under this Act or another Act to— (a) amember; or (b) the chief executive officer; or (c) an appropriately qualified person, including an employee of TIQ or of a department. A person delegated a function under subsection (1) may subdelegate the function to an appropriately qualified person. In this section— Page 39 BW NF Nn NO 11 131721 23 25 27 Revenue Amendment and Trade and Investment Queensland Bill 2013 Chapter 3 Trade and Investment Queensland Part 2 Trade and Investment Queensland [s 64] appropriately qualified includes having qualifications, experience or standing appropriate for the function. Example of standing— a person's seniority level in an entity Clause 64 Authentication of documents (1) A document made by TIQ, other than a document required to be sealed, is sufficiently made if it is signed by the chief executive officer, the chairperson of the board or another person authorised by the board. Example of a document— an instrument under section 63 delegating a function of TIQ (2) A document made by TIQ that is required to be sealed is sufficiently made if it is sealed in the way authorised by the board and signed by the chief executive officer, the chairperson of the board or another person authorised by the board. Division 2 Board Subdivision 1 Establishment, membership and Clause 65 Page 40 related matters Establishment (1) A board is established as the governing body of TIQ. (2) The board consists of at least 4, but not more than 7, members appointed by the Governor in Council. (3) The board must include the chief executive, or a senior executive nominated by the chief executive, of both of the following departments— (a) the department responsible for administering this Act; BW Ne OmMAND MN 131519 21 23 25 Clause 66 Clause 67 Clause 68 (4) (5) Revenue Amendment and Trade and Investment Queensland Bill 2013 Chapter 3 Trade and Investment Queensland Part 2 Trade and Investment Queensland [s 66] (b) the department responsible for administering the State Development and Public Works Organisation Act 1971. In deciding whether to appoint a person as a member, the Governor in Council must have regard to the person's ability to contribute to the performance of TIQ's functions. The members, other than the members mentioned in subsection (3) (each a departmental representative), are appointed under this Act and not the Public Service Act 2008. Role of board d) (2) The board is responsible for the way TIQ performs its functions. The board's role includes ensuring TIQ performs its functions in a proper, effective and efficient way. Conditions of appointment d) (2) A member, other than a departmental representative, is to be paid the remuneration and allowances decided by the Governor in Council. For matters not provided for by this Act, a member holds office on the terms and conditions decided by the Governor in Council. Term of appointment d) (2) (3) A member, other than a departmental representative, holds office for the term, not more than 5 years, stated in the member's instrument of appointment. However, the term ends if the member becomes disqualified under section 71 from continuing as a member. If otherwise qualified, a member is eligible for reappointment. Page 41 CID NWRW NE 11 13 16192326 Revenue Amendment and Trade and Investment Queensland Bill 2013 Chapter 3 Trade and Investment Queensland Part 2 Trade and Investment Queensland [s 69] Clause 69 Clause 70 Page 42 Chairperson d) (2) (3) (4) (5) The Governor in Council must appoint a member as the chairperson of the board. A person may be appointed as the chairperson at the same time as the person is appointed as a member. The chairperson, other than a person who is a departmental representative, holds office for the term, ending not later than the person's term of appointment as a member, stated in the person's appointment as chairperson. A vacancy occurs in the office of chairperson if the person holding office— (a) resigns from office by giving notice of the resignation to the Minister; or (b) stops being a member. However, a person resigning the office of chairperson may continue to be a member. Deputy chairperson d) (2) (3) (4) The Governor in Council may appoint a member, other than the chairperson, as the deputy chairperson of the board. A person may be appointed as the deputy chairperson at the same time as the person is appointed as a member. The deputy chairperson, other than a person who is a departmental representative, holds office for the term, ending not later than the person's term of appointment as a member, stated in the person's appointment as chairperson. A vacancy occurs in the office of deputy chairperson if the person holding office— (a) resigns from office by giving notice of the resignation to the Minister; or (b) stops being a member. OAND NH WN ee re oO RR Wn — A Ree num 19 21 2325 27 29 Clause 71 (5) (6) Revenue Amendment and Trade and Investment Queensland Bill 2013 Chapter 3 Trade and Investment Queensland Part 2 Trade and Investment Queensland [s 71] However, a person resigning the office of deputy chairperson may continue to be a member. The deputy chairperson is to act as chairperson— (a) during a vacancy in the office of chairperson; and (b) during all periods when the chairperson is absent from duty or, for another reason, can not perform the functions of the office. Disqualification from membership d) (2) A person, other than a person who is a departmental representative, is disqualified from becoming, or continuing as, a member if the person— (a) is an insolvent under administration; or (b) has a conviction, other than a spent conviction, for an indictable offence. In this section— indictable offence includes an indictable offence dealt with summarily, whether or not the Criminal Code, section 659 applies to the indictable offence. insolvent under administration see the Corporations Act, section 9. spent conviction means a conviction— (a) for which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired under that Act; and (b) that is not revived as prescribed by section 11 of that Act. Page 43 NAW Bw Ne 11 14 1720 2326 Clause Clause Clause Revenue Amendment and Trade and Investment Queensland Bill 2013 Chapter 3 Trade and Investment Queensland Part 2 Trade and Investment Queensland [s 72] 72 Vacation of office (1) The office of a member, other than a member who is a departmental representative, becomes vacant if— (a) the member completes the member's term of office and is not reappointed; or (b) the member resigns from office by signed notice of resignation given to the Minister; or (c) the member becomes disqualified under section 71 from continuing as a member; or (d) the member is absent, without the board's permission and without reasonable excuse, from 3 consecutive board meetings; or (e) the member's appointment is ended by the Governor in Council under subsection (2). (2) The Governor in Council may, at any time, end the appointment for any reason or none. 73 Committees (1) The board may establish committees to assist it in performing its functions. (2) The board may decide the membership and functions of a committee it establishes. Subdivision 2 Business 74 Conduct of business Subject to this subdivision, the board may conduct its business, including its board meetings, in the way it considers appropriate. Page 44 COD NAD NH WY See NRO pe Ww Ree num 19 21 25 Clause 75 Clause 76 Clause 77 Clause 78 Revenue Amendment and Trade and Investment Queensland Bill 2013 Chapter 3 Trade and Investment Queensland Part 2 Trade and Investment Queensland [s 75] Time and place of meetings d) (2) (3) (4) Board meetings are to be held at the times and places the board decides. The board must meet at least once every 4 months. The chairperson may, at any time, call a board meeting. The chairperson must call a board meeting if asked, in writing, to do so by at least 2 members. Quorum A quorum for the board is— (a) if the board has 4 members—2 members, provided neither of those members is a _ departmental representative; or (b) if the board has more than 4 members—3 members, provided at least 2 of those members are not departmental representatives. Presiding at meetings d) (2) (3) The chairperson of the board is to preside at all board meetings at which the chairperson is present. If the chairperson is absent from a board meeting and the deputy chairperson is present, the deputy chairperson is to preside. If the chairperson and deputy chairperson are both absent from a board meeting (including because of a vacancy in the office), a member chosen by the members present is to preside at the meeting. Conduct of meetings d) A question at a board meeting is decided by a majority of the votes of the members present. Page 45 NAD NN fF WN Ke 111418 202325 28 Clause Clause Revenue Amendment and Trade and Investment Queensland Bill 2013 Chapter 3 Trade and Investment Queensland Part 2 Trade and Investment Queensland [s 79] (2) (3) (4) (5) (6) Each member present at the meeting has a vote on each question to be decided and, if the votes are equal, the member presiding also has a casting vote. A member present at the meeting who abstains from voting is taken to have voted for the negative. The board may hold meetings, or allow members to take part in its meetings, by using any technology that reasonably allows members to hear and take part in discussions as they happen. Examples of use of technology— teleconferencing, videoconferencing A member who takes part in a meeting under subsection (4) is taken to be present at the meeting. A resolution is validly made by the board, even if it is not passed at a board meeting, if— (a) notice of the resolution is given under procedures approved by the board; and (b) a majority of the members give written agreement to the resolution. 79 Minutes d) (2) The board must keep minutes of its board meetings. The board must keep a record of any resolutions made under section 78(6). Subdivision 3 Duty of members 80 Disclosure of interests d) Page 46 This section applies to a member if— COAND NK WNKE See r- oO aeilend Wn ine ns RR on eR ow 21 23 26 (2) (3) (4) (5) (6) 7) (8) Revenue Amendment and Trade and Investment Queensland Bill 2013 Chapter 3 Trade and Investment Queensland Part 2 Trade and Investment Queensland [s 80] (a) the member has a direct or indirect financial or personal interest in a matter being considered, or about to be considered, by the board; and (b) _ the interest could conflict with the proper performance of the member's duties about the consideration of the matter. As soon as practicable after the relevant facts come to the member's knowledge, the member must disclose the nature of the interest to a board meeting. The disclosure must be recorded in the board's minutes. Unless the board otherwise directs, the member must not— (a) be present when the board considers the matter; or (b) _ take part in a decision of the board on the matter. The member must not be present when the board is considering whether to give a direction under subsection (4). Another member who also has a direct or indirect financial or personal interest in the matter must not— (a) be present when the board is considering whether to give a direction under subsection (4); or (b) take part in making the decision about giving the direction. If— (a) because of this section, a member is not present at a board meeting for considering or deciding a matter, or for considering or deciding whether to give a direction under subsection (4); and (b) there would be a quorum if the member were present; the remaining members present are a quorum of the board for considering or deciding the matter, or for considering or deciding whether to give the direction, at the meeting. If there are no members who may remain present for considering or deciding a matter, the Minister may, by signing Page 47 OMAN DUNK WNYE RP Re Re Ww NF O&O lines ns Re aa eR \o NW a) N iS) NNNN Nn WwW N XQ WNW laaeNome <) WW WwW Noe Revenue Amendment and Trade and Investment Queensland Bill 2013 Chapter 3 Trade and Investment Queensland Part 2 Trade and Investment Queensland [s 81] consent to a proposed resolution, consider and decide the matter. Division 3 Chief executive officer Clause 81 Appointment (1) TIQ must have a chief executive officer (the CEO). (2) The CEO is to be appointed by the board with the prior written approval of the Minister. (3) The CEO is to be employed under this Act and not the Public Service Act 2008. Clause 82 Term of appointment Page 48 d) (2) (3) (4) (5) (6) 7) Subject to this section, the CEO holds office for the term, not more than 5 years, stated in his or her contract of employment. If otherwise qualified, the CEO is eligible for reappointment. The board may, at any time, end the appointment for any reason or none. The ending of the appointment under subsection (3) does not affect any rights to compensation to which the CEO is entitled under the contract of employment. The CEO may resign by giving a signed notice of resignation to the board at least the required period before the notice is to take effect. The CEO's appointment ends if he or she stops being qualified to be the CEO. In this section— required period means the period stated in the CEO's contract of employment or otherwise agreed with the board. Om ND WN Ff 12 15 172023 26 Clause Clause Clause Clause Revenue Amendment and Trade and Investment Queensland Bill 2013 Chapter 3 Trade and Investment Queensland Part 2 Trade and Investment Queensland [s 83] 83 Conditions of appointment For matters not provided for under this Act or stated in the contract of employment, the CEO holds office on the terms of appointment decided by the board. 84 CEO's responsibilities The CEO is responsible for ensuring the efficient and effective administration and operation of TIQ in accordance with the board's priorities. Division 4 Reporting 85 Half-year reports (1) The board must give the Minister a report on TIQ's operations for each half-year in a financial year (a half-year report). (2) A half-year report must be given to the Minister— (a) within 4 weeks after the end of the half-year; or (b) _ if another period after the end of the half-year is agreed between the board and the Minister—within the agreed period. (3) In this section— half-year, in a financial year, means the following periods in the year— (a) 1 July to 31 December; (b) 1 January to 30 June. 86 Board to keep Minister informed The board must keep the Minister reasonably informed of TIQ's operations, financial performance and financial position and its achievement of the objectives in its strategic and operational plans. Page 49 BWN Onn NN 12 14 1620 22 2527 Revenue Amendment and Trade and Investment Queensland Bill 2013 Chapter 3 Trade and Investment Queensland Part 3 Transfer of Trade Office's business to TIQ [s 87] Clause 87 Reporting to department d) (2) (3) The Minister may act under this section for the purpose of monitoring, assessing or reporting on TIQ's performance of its functions. The Minister may require TIQ or the board to report to the department by, for example, giving stated information at stated times to the chief executive. TIQ or the board must comply with the requirement. Clause 88 Other reporting requirements Sections 86 and 87 do not limit the matters of which the board is required to keep the Minister informed, or limit the reports or information that the board is required, or may be required, to give under another Act. Part 3 Transfer of Trade Office's business to TIQ Division 1 Preliminary Clause 89 Definitions for pt 3 Page 50 In this part— employee register see section 94. register see section 90. Trade Office means the office, in the department, known as Trade Investment Queensland. transferable asset means an asset of the State that is— (a) controlled by the Trade Office immediately before the transfer day; and Oo NDN BWH 1113 15 1820 22 25 Revenue Amendment and Trade and Investment Queensland Bill 2013 Chapter 3 Trade and Investment Queensland Part 3 Transfer of Trade Office's business to TIQ [s 90] (b) _ stated in the register as an asset to be transferred to TIQ. transferable employee see section 95. transferable instrument means an instrument— (a) relating to the Trade Office and to which the State is a party; and (b) _ stated in the register as an instrument to be transferred to TIQ. transferable liability means a liability of the State that is— (a) controlled by the Trade Office immediately before the transfer day; and (b) stated in the register as a liability to be transferred to TIQ. transferable proceeding means a proceeding relating to the Trade Office that— (a) could have been continued or started by or against the State before the transfer day; and (b) _ is stated in the register as a proceeding to be transferred to TIQ. transfer day means the day on which the section in which the term is used commences. Division 2 Transferable assets and liabilities etc. Clause 90 What is the register d) (2) The register is a register of assets, liabilities, instruments and proceedings that is prepared for TIQ and approved by the chief executive. The chief executive may approve the register for the purpose of subsection (1). Page 51 CID WR WN 12 14 16 18 20 22 2528 Revenue Amendment and Trade and Investment Queensland Bill 2013 Chapter 3 Trade and Investment Queensland Part 3 Transfer of Trade Office's business to TIQ [s 91] Clause 91 Clause 92 Clause 93 Page 52 (3) At any time within 1 year after the transfer day, the chief executive may change the register to correct an omission or error as at the day immediately before the transfer day. Transfer of transferable assets and liabilities etc. On the transfer day— (a) (b) (c) the State is divested of all transferable assets and liabilities and the transferable assets and _ liabilities become the assets and liabilities of TIQ; and any transferable instrument is taken to be an instrument to which TIQ is a party and may be enforced by or against TIQ; and transferable proceedings may be continued or started by or against TIQ. Transfer of shares On the transfer day, the shares in Queensland Trade and Investment Office Pty Ltd (ACN 073 810 867) are transferred to TIQ. Application of transferable instruments (1) A transferable instrument applies to TIQ in place of the State. (2) Without limiting subsection (1)— (a) (b) any right, title, interest or liability of the State arising under or relating to the transferable instrument is taken to be transferred from the State to TIQ; and if the transferable instrument, including a benefit or right provided by the instrument, is given to, by or in favour of the State, the instrument is taken to have been given to, by or in favour of TIQ; and TIQ is taken to be a party to the transferable instrument in place of the State; and wn CAND NN FS 11 13 1619222527 29 (d) (f) (g) Division 3 Clause 94 Revenue Amendment and Trade and Investment Queensland Bill 2013 Chapter 3 Trade and Investment Queensland Part 3 Transfer of Trade Office's business to TIQ [s 94] a reference in the transferable instrument to the State is, to the extent possible and if the context permits, taken to be a reference to TIQ; and if an application was made for the transferable instrument in the name of the State, the application is taken to have been made in the name of TIQ; and if the transferable instrument is an instrument under which an amount is or may become payable to or by the State, the instrument is taken to be an instrument under which the amount is or may become payable to or by TIQ, in the way the amount was or might have been payable to or by the State; and if the transferable instrument is an instrument under which property, other than money, is or may become liable to be transferred, conveyed or assigned to or by the State, the instrument is taken to be an instrument under which the property is or may become liable to be transferred, conveyed or assigned to or by TIQ, in the way it was or might have been liable to be transferred, conveyed or assigned to or by the State. Employees What is the employee register (1) The employee register is a register of employees of the department that is prepared for TIQ and approved by the chief executive. (2) (3) The chief executive may approve the employee register for the purpose of subsection (1). At any time within 1 year after the transfer day, the chief executive may change the employee register to correct an omission or error. Page 53 COAN DANK WNe See NRO LO ell cell ell en eel ell el SCODINIDMAHW 2427 29 Revenue Amendment and Trade and Investment Queensland Bill 2013 Chapter 3 Trade and Investment Queensland Part 3 Transfer of Trade Office's business to TIQ [s 95] Clause 95 Clause 96 Page 54 Who is a transferable employee A transferable employee is a person— (a) who, immediately before the transfer day, was an employee of the department; and (b) whose name is stated in the employee register as an employee to be transferred to TIQ. Transfer of transferable employees d) (2) (3) (4) On the transfer day— (a) a transferable employee becomes an employee of TIQ; and (b) a transferable employee ceases to be a public service employee; and (c) _ the records of the department, to the extent they relate to the employment of transferable employees, become records of TIQ. However, if an employee of the department becomes a transferable employee because of a register correction, subsection (1) applies to the employee as if the reference in the subsection to the transfer day were a reference to the day after the register correction happens. Also, if a person ceases to be a transferable employee because of a register correction, the person is taken never to have been— (a) atransferable employee; or (b) transferred to TIQ. In this section— register correction means a change to the employee register under section 94(3) to correct an omission or error. Dun PW NY 12 141719222528 Revenue Amendment and Trade and Investment Queensland Bill 2013 Chapter 3 Trade and Investment Queensland Part 3 Transfer of Trade Office's business to TIQ [s 97] Clause 97 Preservation of rights of transferable employees The transfer of a transferable employee to TIQ does not— (a) (b) (c) (d) (f) Division 4 affect the employee's total remuneration; or prejudice the employee's existing or accruing rights to superannuation or annual, sick or long service leave; or interrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or constitute a retrenchment, redundancy or termination of the employee's employment by the State; or entitle the employee to a payment or other benefit because he or she is no longer employed by the State; or require the State to make any payment in relation to the employee's accrued rights to annual, sick or long service leave irrespective of any arrangement between the State and the employee. Miscellaneous Clause 98 TIQ successor in law TIQ is the successor in law of the State to the extent of the transfer to TIQ. Clause 99 Registering authority to register or record transfer or other dealing (1) A registering authority must, on written application by TIQ, register or record in the appropriate way the transfer of, or another dealing affecting, an asset, liability or instrument under the Act to TIQ. Page 55 OAND NHB WY ee re oO RR Wn ei alll otras ADWNH 21 23 2527 Revenue Amendment and Trade and Investment Queensland Bill 2013 Chapter 3 Trade and Investment Queensland Part 3 Transfer of Trade Office's business to TIQ [s 100] Clause 100 Page 56 (2) TIQ must comply with any relevant procedures required by the registering authority for the purpose of registering or recording the transfer. Example— The registering authority may require TIQ to complete and submit a particular form. (3) In this section— registering authority means the registrar of titles or another entity required or authorised by law to register or record transactions affecting assets, liabilities or instruments. Effect on legal relationships (1) Nothing done under this part— (a) makes a relevant entity liable for a civil wrong or contravention of a law, including for a breach of a contract, confidence or duty; or (b) makes a relevant entity in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; or (c) is taken to fulfil a condition that— (i) terminates, or allows a person to terminate, an instrument or obligation; or (ii) modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or (iii) allows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or (iv) requires any money to be paid before its stated maturity; or Fowmn YN AN Ff WNe Se NO RRR nw RR RR None a men N Oo NN Noe NNN mn B&W YNvuny OnmAND Ww re oO Clause 101 (2) (3) (4) (5) Revenue Amendment and Trade and Investment Queensland Bill 2013 Chapter 3 Trade and Investment Queensland Part 3 Transfer of Trade Office's business to TIQ [s 101] (d) _ releases a surety or other obligee, wholly or partly, from an obligation. If, apart from this subsection, the advice, consent or approval of a person would be necessary to do something under this Act, the advice is taken to have been obtained or the consent or approval is taken to have been given unconditionally. If, apart from this subsection, giving notice to a person would be necessary to do something under this Act, the notice is taken to have been given. A transfer to TIQ has effect despite any other contract, law or instrument. In this section— relevant entity means— (a) the State or an employee or agent of the State; or (b) TIQ, a member or an employee or agent of TIQ. Non-liability for State taxes d) (2) TIQ is not liable to pay a State tax in relation to— (a) a transfer of a share, transferable asset, transferable liability or transferable instrument, or any other thing done, under this part; or (b) another dealing affecting a share, transferable asset, transferable liability or transferable instrument as part of the transfer under this part. In this section— State tax means a fee, levy or charge imposed under an Act, including a fee or charge under the Land Act 1994 or the Land Title Act 1994. Page 57 COAN DANNSW NRE ee re oO ee ee mn BW WN 17 192226 Revenue Amendment and Trade and Investment Queensland Bill 2013 Chapter 3 Trade and Investment Queensland Part 4 Miscellaneous provision [s 102] Part 4 Clause 102 Miscellaneous provision Regulation-making power Part 5 Clause 103 Page 58 The Governor in Council may make regulations under this Act. Transitional provisions for Revenue Amendment and Trade and Investment Queensland Act 2013 Appointment of first CEO d) (2) (3) Subsection (2) applies until the board consists of at least 2 members. Despite section 81(2), the Minister may appoint TIQ's first CEO. If the Minister acts under subsection (2)— (a) until the board consists of at least 2 members— (i) the CEO is responsible for the way TIQ performs its functions; and (ii) the CEO's role includes ensuring TIQ performs its functions in a proper, effective and efficient way; and (b) a term of appointment in the CEO's contract of employment must be that the CEO holds office for a term of no more than 5 years; and (c) subject to subsection (4), this Act applies to the appointee as if he or she had been appointed under section 81. onan 11 13 15 17 192225 Revenue Amendment and Trade and Investment Queensland Bill 2013 Chapter 3 Trade and Investment Queensland Part 6 Consequential amendments of Revenue Amendment and Trade and Investment Queensland Act 2013 [s 104] (4) Despite section 83, for matters not provided for under this Act or stated in the contract of employment, the CEO holds office on the terms of appointment decided by the Minister. Clause 104 TIQ's first strategic and operational plans (1) This section applies to TIQ's first strategic and operational plans. (2) Having regard to when TIQ is established, and any other relevant circumstances, the Minister may agree to the first plans being prepared and submitted at a time later than would otherwise apply under the Financial Accountability Act 2009. (3) If the Minister acts under subsection (2) in relation to a plan, the period for which the plan applies is— (a) the remainder of the financial year in which it is submitted; and (b) if TIQ and the Minister agree the plan is also to apply for the following financial year, for that financial year. Clause 105 Effect of regulation amendment The amendment of the Industrial Relations Regulation 2011 by this Act does not affect the power of the Governor in Council to further amend the regulation or to repeal it. Part 6 Consequential amendments of Revenue Amendment and Trade and Investment Queensland Act 2013 Clause 106 Replacement of ch 1, hdg (Preliminary) Chapter 1, heading— Page 59 WN Comyn AN 12 14 16 192224 26 Clause Clause Clause Clause Clause Revenue Amendment and Trade and Investment Queensland Bill 2013 Chapter 3 Trade and Investment Queensland Part 6 Consequential amendments of Revenue Amendment and Trade and Investment Queensland Act 2013 [s 107] omit, insert— Part 1 Preliminary 107. Amendment of s 1 (Short title) Section 1, 'Revenue Amendment and' omit. 108 Amendment of s 2 (Commencement) (1) Section 2(1) to (7)— omit. (2) Section 2(8), 'chapter 3,,— omit. (3) Section 2(8)— renumber as section 2. 109 Omission of ch 2 (Revenue and Other Legislation Amendments) Chapter 2— omit. 110 Omission of ch 3, hdg and ch 3, pt 1 hdg Chapter 3, heading and chapter 3, part 1, heading— omit. 111. Omission of sch 2 (Minor and consequential amendments Schedule 2— omit. Page 60 Nn Conon a 1114 16 1821 23 Clause Clause Clause Clause Clause Revenue Amendment and Trade and Investment Queensland Bill 2013 Chapter 3 Trade and Investment Queensland Part 7 Amendment of Industrial Relations Regulation 2011 [s 112] Amendment of long title Long title, from 'amend the Duties Act 2001' to 'to establish '— omit, insert— establish Renumbering of Act (1) On the commencement, the provisions of this Act are amended by numbering and renumbering them in the same way as a reprint may be numbered and renumbered under the Reprints Act 1992, section 43. (2) Without limiting the Reprints Act 1992, section 43(4), each reference in this Act to a provision of this Act renumbered under subsection (1), is amended, when the renumbering happens, by omitting the reference to the previous number and reinserting the new number. (3) In this section commencement means the commencement of this section. Expiry of part This part expires on the day after section 113 commences. Part 7 Amendment of Industrial Relations Regulation 2011 Regulation amended This part amends the /ndustrial Relations Regulation 2011. Insertion of new s 145D Part 13A— Page 61 na Bb WN onan a 121417 19 21 23 25 Revenue Amendment and Trade and Investment Queensland Bill 2013 Chapter 3 Trade and Investment Queensland Part 7 Amendment of Industrial Relations Regulation 2011 [s 117] Clause 117 Page 62 insert— 145D Declaration for Act, s 692—Trade and Investment Queensland For section 692(3) of the Act, Trade and Investment Queensland established under the Trade and Investment Queensland Act 2013 is declared not to be a national system employer for the purposes of the Commonwealth Act, section 14(2). Expiry of part This part expires on the day it commences. CADNS WN Revenue Amendment and Trade and Investment Queensland Bill 2013 Schedule 1 Schedule 1 Dictionary section 54 asset includes a right. board means the board of TIQ established under section 65(1). board meeting means meeting of the board. CEO see section 81. chairperson means the chairperson of the board holding office under section 69. departmental representative see section 65(5). employee includes officer. employee register see section 94. information includes a document. instrument means any document, and includes— (a) anoral agreement; and (b) an application; and (c) an accreditation, allocation, approval, certificate, entitlement, exemption, licence, manual, notice, permit, plan and any other authority. member, for a provision about TIQ or its board or if no body is mentioned, means a member of the board. operational plan, of TIQ, means TIQ's operational plan under the Financial Accountability Act 2009. record includes any document. register see section 90. right includes power, privilege and immunity. strategic plan, of TIQ, means TIQ's strategic plan under the Financial Accountability Act 2009. Page 63 om NI DUNS W ll13151821 23 2528 Revenue Amendment and Trade and Investment Queensland Bill 2013 Schedule 1 Page 64 TIQ see section 56. Trade and Investment Queensland means Trade and Investment Queensland established under section 56. Trade Office see section 89. transfer, to TIQ, includes the transfer of a share, asset, liability, instrument, record or employee of the State to TIQ. transferable asset see section 89. transferable assets and liabilities means the transferable assets and transferable liabilities. transferable employee see section 95. transferable instrument see section 89. transferable liability see section 89. transferable proceeding see section 89. transfer day see section 89. om NY DWN FF WN a WN RF OO Revenue Amendment and Trade and Investment Queensland Bill 2013 Schedule 2 Schedule 2 Minor and consequential amendments section 51 Duties Act 2001 Section 74(c) and schedule 6, definitions complying approved deposit fund, complying superannuation fund, paragraph (a), custodian, paragraph (b), eligible rollover fund, entity, paragraph (c)(ii), pooled superannuation trust, public offer superannuation fund and public superannuation entity, paragraph (a), 'Superannuation Industry (Supervision) Act 1993 (Cwlth)'— omit, insert— Superannuation Industry Act Section 204(1), 'section 202(c)'— omit, insert— section 202(d) Fire and Rescue Service Act 1990 Sections 108(4), 109, 111, 112(1), 114(2), 117, 119, 121(1), 122(1), 123, 125(b) and 126(1), 'component local'— omit, insert— local Section 108(3), example 4 and section 125(b), 'urban'— omit, insert— Page 65 OMANN 13 1519 21 23 Revenue Amendment and Trade and Investment Queensland Bill 2013 Schedule 2 levy 3 Section 109(1)(a), 'an urban'— omit, insert— a levy 4 Sections 112(2), 114(1) and (2), 115(1), 117(1) and 123(1), 'fire' — omit. 5 Section 128, heading, 'Fire levies'-— omit, insert— Levies © State of Queensland 2013 Authorised by the Parliamentary Counsel Page 66