Queensland Museum Act 1970


Queensland Crest
Queensland Museum Act 1970

An Act to make provision with respect to the administration of the Queensland Museum and for other purposes

Part 1 Preliminary

1Short title

This Act may be cited as the Queensland Museum Act 1970 .

s 1 amd 1995 No. 58 s 4 sch 1

1AObject of Act

The object of this Act is to contribute to the cultural, social and intellectual development of all Queenslanders.

s 1A ins 2003 No. 66 s 16

1BGuiding principles for achieving the object

The principles intended to guide the achievement of the object of the Act are the following—
(a)leadership and excellence should be provided in the preservation, research and communication of Queensland’s cultural and natural heritage;
(b)there should be responsiveness to the needs of communities in regional and outer metropolitan areas;
(c)respect for Aboriginal and Torres Strait Islander cultures should be affirmed;
(d)children and young people should be supported in their appreciation of Queensland’s cultural and natural heritage;
(e)diverse audiences should be developed;
(f)capabilities for life-long learning about Queensland’s cultural and natural heritage should be developed;
(g)opportunities should be developed for international collaboration and for cultural exports, especially to the Asia-Pacific region;
(h)content relevant to Queensland should be promoted and presented.

s 1B ins 2003 No. 66 s 16

2Definitions

In this Act—
appropriately qualified, for a person to whom a power under this Act may be delegated or who is asked by the Minister to investigate and report on a matter relating to the board, includes having the qualifications, experience or standing appropriate to exercise the power or comply with the request.

Example of standing—

a person’s seniority in an entity

def appropriately qualified ins 1997 No. 79 s 42 (2)

board means the Board of the Queensland Museum.

def board sub 1997 No. 79 s 42

chairperson means the chairperson of the board.
commencement
(a)for part 7, division 1, see section 70; or
(b)for part 7, division 3—see section 77.

def commencement ins 2007 No. 20 s 61

sub 2007 No. 53 s 15

current appointment, for part 7, division 3, see section 77.

def current appointment ins 2007 No. 53 s 15 (2)

current conditions, for part 7, division 3, see section 77.

def current conditions ins 2007 No. 53 s 15 (2)

Department ...

def Department ins 1979 No. 29 s 9 (a)

om R1 (see RA s 39)

deputy chairperson means the deputy chairperson of the board.

def deputy chairperson ins 1997 No. 79 s 42 (2)

director means the director of the museum.

def director ins 1997 No. 79 s 42 (2)

government entity see the Public Service Act 2008 , section 24.

def government entity ins 2007 No. 20 s 61

amd 2009 No. 25 s 83 sch

member means a member of the board.

def member sub 1997 No. 79 s 42

Minister ...

def Minister sub 1979 No. 29 s 9 (b); 1985 No. 65 s 14 (a)

om R1 (see RA s 39)

museum means the Queensland Museum established at Brisbane and any branch of that museum established, maintained or controlled, or deemed to have been established, by the board.

def museum amd 1985 No. 65 s 14 (b)

operational plan, of the board, means the board’s operational plan developed under part 3 of this Act and the standard.

def operational plan ins 1997 No. 79 s 42 (2)

amd 2009 No. 9 s 136 sch 1

pre-amended Act, for part 7, division 3, see section 77.

def pre-amended Act ins 2007 No. 53 s 15 (2)

present director, for part 7, division 3, see section 77.

def present director ins 2007 No. 53 s 15 (2)

standard means a financial and performance management standard under the Financial Accountability Act 2009 .

def standard ins 1997 No. 79 s 42 (2)

sub 2009 No. 9 s 136 sch 1

strategic plan, of the board, means the board’s strategic plan developed under part 3 of this Act and the standard.

def strategic plan ins 1997 No. 79 s 42 (2)

amd 2009 No. 9 s 136 sch 1

work performance arrangement means an arrangement under which an employee of a government entity performs work for another government entity.

def work performance arrangement ins 2007 No. 20 s 61

s 2 prev s 2 amd 1985 No. 65 s 13

om R1 (see RA s 36)

pres s 2 amd 1995 No. 58 s 4 sch 1

Part 2 Board of the Queensland Museum

pt hdg sub 1997 No. 79 s 41 sch 3

Division 1 Constitution and membership

div hdg sub 1997 No. 79 s 43

3Establishment of board

The entity previously established as the Queensland Museum Board of Trustees is continued in existence under the name Board of the Queensland Museum.

s 3 amd 1979 No. 29 s 10; 1985 No. 65 s 15; R1 (see RA s 38); 1995 No. 58 s 4 sch 1

sub 1997 No. 79 s 43

4Legal status of board

The board—
(a)is a body corporate; and
(b)has perpetual succession; and
(c)has a common seal; and
(d)may sue and be sued in its corporate name.

s 4 sub 1979 No. 29 s 11

amd 1985 No. 65 s 16

sub 1997 No. 79 s 43

5Board’s relationship with State

The board represents the State.

s 5 prev s 5 om R1 (see RA s 38)

pres s 5 ins 1997 No. 79 s 43

6Composition of board

(1)The board is to consist of the number of members appointed by the Governor in Council.
(2)In appointing a member, regard must be had to the person’s ability to contribute to the board’s performance and the implementation of its strategic and operational plans.
(3)A member must be appointed under this Act and not the Public Service Act 2008 .

s 6 amd 1979 No. 29 s 12; 1985 No. 65 s 17

sub 1995 No. 58 s 4 sch 1; 1997 No. 79 s 43

amd 2009 No. 25 s 83 sch

7Role of members

The role of the members includes the following—
(a)being responsible for the board’s management;
(b)ensuring, as far as possible, the board achieves, and acts in accordance with, its strategic and operational plans;
(c)accounting to the Minister for the board’s performance;
(d)ensuring the board otherwise performs its functions in a proper, effective and efficient way.

s 7 prev s 7 amd 1979 No. 29 s 13; 1985 No. 65 s 18; R1 (see RA s 38)

om 1995 No. 58 s 4 sch 1

pres s 7 ins 1997 No. 79 s 43

8Eligibility for appointment

A person is not eligible for appointment as a member if the person is not able to manage a corporation because of the Corporations Act, Part 2D.6.

s 8 prev s 8 om 1995 No. 58 s 4 sch 1

pres s 8 ins 1997 No. 79 s 43

amd 2001 No. 45 s 29 sch 3

9Chairperson and deputy chairperson of board

(1)The Governor in Council must appoint a member as chairperson of the board.
(2)The appointment may be made by the instrument appointing the person concerned as a member of the board.
(3)The members must elect one of them as deputy chairperson of the board.
(4)The members must act under subsection (3) whenever there is a vacancy in the office of deputy chairperson, including a vacancy occurring because the office has not been filled.
(5)The chairperson or deputy chairperson may resign as chairperson or deputy chairperson by signed notice given to the Minister.
(6)The chairperson or deputy chairperson may act under subsection (5) and remain a member.

s 9 amd 1985 No. 65 s 20; 1995 No. 58 s 4 sch 1

sub 1997 No. 79 s 43

9A[Repealed]

s 9A ins 1985 No. 65 s 19

om 1997 No. 79 s 43

10Duration of appointment

(1)A member is appointed for the term (not more than 3 years) stated in the member’s instrument of appointment.
(2)The office of a member becomes vacant if—
(a)the member resigns by signed notice given to the Minister; or
(b)the person is not eligible to be appointed as a member; or
(c)the member’s appointment is ended under subsection (3).
(3)The Governor in Council may, at any time, end the appointment of all or any members for any reason or none.

s 10 sub 1997 No. 79 s 43

amd 2003 No. 66 s 17

11Conditions of appointment

(1)A member holds office on the conditions not provided for by this Act that are decided by the Governor in Council.
(2)Except as decided by the Governor in Council, a member is not entitled to receive any payment, interest in property or other valuable consideration or benefit—
(a)by way of remuneration as a member; or
(b)in connection with resignation from office, or other termination of office, as a member, chairperson or deputy chairperson.

s 11 ins 1997 No. 79 s 43

Division 2 Functions

div hdg sub 1997 No. 79 s 41 sch 3

12Functions of board

(1)The functions of the board shall be—
(a)the control and management of the museum and of all natural history, historical and technological collections, and other chattels and property contained therein; and
(b)the maintenance and administration of the museum in such manner as will effectively minister to the needs and demands of the community in any or all branches of the natural sciences, applied sciences, technology and history, associated with the development of the museum as a museum for science, the environment and human achievement, and to this end shall undertake—
(i)the storage of suitable items pertaining to the study of natural sciences, applied sciences, technology and history, and exhibits and other personal property; and
(ii)carrying out or promoting scientific and historical research; and
(iii)the provision of educational facilities through the display of selected items, lectures, films, broadcasts, telecasts, publications and other means; and
(iv)the operation of workshops for the maintenance and repair of exhibits and other things; and
(v)any other action which in the opinion of the board is necessary or desirable; and
(c)the control and management of all lands and premises vested in or placed under the control of the board; and
(d)to perform the functions given to the board under another Act; and
(e)to perform functions that are incidental, complementary or helpful to, or likely to enhance the effective and efficient performance of, the functions mentioned in paragraphs (a) to (d); and
(f)to perform functions of the type to which paragraph (e) applies and which are given to the board in writing by the Minister.
(2)In performing the functions mentioned in subsection (1) (b) (i) or (ii), the board must have regard to the desirability of storing items, or carrying out or promoting research, relevant to Queensland.
(3)Before giving a function for subsection (1) (f), the Minister must consult with the board about the function.
(4)In performing its functions the board must have regard to the object of, and guiding principles for, this Act.

s 12 amd 1985 No. 65 s 21; 1989 No. 103 s 3 sch; 1995 No. 58 s 4 sch 1; 1997 No. 79 s 44; 2003 No. 66 s 18

Division 3 Legal capacity and powers

div hdg ins 1997 No. 79 s 45

13Objects of division

The objects of this division include—
(a)abolishing any application of the doctrine of ultra vires to the board; and
(b)ensuring the board gives effect to any restrictions on its functions or powers, but without affecting the validity of its dealings with outsiders.

s 13 sub 1997 No. 79 s 45

14General powers

(1)For performing its functions, the board has all the powers of an individual and may for example—
(a)enter into arrangements, agreements, contracts and deeds; and
(b)acquire, hold, deal with and dispose of property; and
(c)engage consultants; and
(d)appoint agents and attorneys; and
(e)charge, and fix terms, for goods, services, facilities and information supplied by it; and
(f)do anything else necessary or desirable to be done in performing its functions.
(2)Without limiting subsection (1), the board has the powers given to it under this or another Act.
(3)The board may exercise its powers inside and outside Queensland, including outside Australia.
(4)In this section—
power includes legal capacity.

s 14 ins 1985 No. 65 s 22

sub 1997 No. 79 s 45

15Directions by Minister

The board is subject to written directions of the Minister in exercising its powers.

s 15 ins 1997 No. 79 s 45

16Restrictions on powers of board

(1) Section 14 has effect in relation to the board subject to any restrictions expressly imposed under this or another Act.
(2) Section 14 also has effect in relation to the board subject to any restrictions expressly imposed by—
(a)any relevant strategic or operational plan of the board; and
(b)any relevant directions given to the board under section 15 by the Minister.
(3)The board contravenes this section if it—
(a)exercises a power contrary to a restriction mentioned in subsection (1) or (2); or
(b)does an act otherwise than in pursuance of its functions.
(4)The exercise of the power mentioned in subsection (3) (a), or the act mentioned in subsection (3) (b), is not invalid merely because of the contravention.
(5)An officer of the board who is involved in the contravention contravenes this subsection.
(6)An act of the officer is not invalid merely because, by doing the act, the officer contravenes subsection (5).
(7)The board or officer of the board is not guilty of an offence merely because of the relevant contravention.
(8)In this section—
officer, of the board, means—
(a)a member; or
(b)the director; or
(c)an employee of a department or another government entity performing work for the board under a work performance arrangement; or
(d)an employee of the board.
restriction includes prohibition.

s 16 ins 1997 No. 79 s 45

amd 2007 No. 20 s 62

17Persons having dealings with board etc.

(1)A person having dealings with the board is entitled to make the assumptions mentioned in subsection (3) and, in a proceeding in relation to the dealings, any assertion by the board that the matters that the person is entitled to assume were not correct must be disregarded.
(2)A person having dealings with a person who has acquired, or purports to have acquired, title to property from the board (whether directly or indirectly) is entitled to make the assumptions mentioned in subsection (3) and, in a proceeding in relation to the dealings, any assertion by the board or the second person that the matters that the first person is entitled to assume were not correct must be disregarded.
(3)The assumptions that a person is, because of subsection (1) or (2), entitled to make are—
(a)that, at all relevant times, this Act has been complied with; and
(b)that a person who is held out by the board to be an officer or agent of the board has been properly appointed and has authority to exercise the powers and perform the functions customarily exercised or performed by an officer or agent of the kind concerned; and
(c)that an officer or agent of the board who has authority to issue a document on behalf of the board has authority to warrant that the document is genuine and that an officer or agent of the board who has authority to issue a certified copy of a document on behalf of the board has authority to warrant that the copy is a true copy; and
(d)that a document has been properly sealed by the board if—
(i)it bears what appears to be an imprint of the board’s seal; and
(ii)the sealing of the document appears to be authenticated by a person who, because of paragraph (b), may be assumed to be an officer or agent of the board; and
(e)that the officers and agents of the board have properly performed their duties to the board.
(4)However, a person is not entitled to assume a matter mentioned in subsection (3) if—
(a)the person has actual knowledge that the assumption would be incorrect; or
(b)because of the person’s connection or relationship with the board, the person ought to know that the assumption would be incorrect.
(5)If, because of subsection (4), a person is not entitled to make a particular assumption—
(a)if the assumption is in relation to dealings with the board—subsection (1) does not apply to any assertion by the board in relation to the assumption; or
(b)if the assumption is in relation to an acquisition or purported acquisition from the board of title to property—subsection (2) does not apply to any assertion by the board or another person in relation to the assumption.
(6)In this section—
officer, of the board, means—
(a)a member; or
(b)the director; or
(c)an employee of a department or another government entity performing work for the board under a work performance arrangement; or
(d)an employee of the board.

s 17 ins 1997 No. 79 s 45

amd 2007 No. 20 s 63

18Branches

(1)The board may establish branches of the museum.
(2)However, the board may not contract with someone else to establish a branch without the approval of the Governor in Council.

s 18 ins 1997 No. 79 s 45

19Disposal of specimens accepted by the board

(1)This section applies if—
(a)a specimen of flora or fauna or a thing that is not flora or fauna (the specimen) is accepted by the board for identification, investigation or another purpose; and
(b)the specimen is not collected by the person who gave it within 1 month after acceptance or, if the board has agreed to hold the specimen for a certain period, 1 month after the period ends.
(2)Subject to any arrangement about the specimen between the board and the person, the board may—
(a)sell the specimen by public auction; or
(b)exchange the specimen for another specimen; or
(c)if the board considers on reasonable grounds that, because of the specimen’s value, it is not viable to sell or exchange it—dispose of the specimen in another way.
(3)However, if the board intends to sell, exchange or otherwise dispose of the specimen, it must give the person at least a month’s written notice of its intention.
(4)If the person’s address is not known to the board, the notice may be given to the person by publishing it in a daily newspaper circulating generally in the State.
(5) Subsections (3) and (4) do not apply if the specimen is perishable and is disposed of under subsection (2) (c).
(6)A notice under subsection (4) may form part of a notice under section 22.
(7)If the board sells the specimen, the proceeds of sale must be applied in the following order—
(a)in payment of the reasonable expenses incurred in storing and selling the specimen;
(b)if there is an amount owing to an entity under a security interest registered for the specimen under the Personal Property Securities Act 2009 (Cwlth)—in payment of the amount owing under the security interest;
(c)the balance—
(i)must be held by the board for the person for at least 1 year after the sale; and
(ii)if the person does not claim the proceeds of sale within 1 year after the sale—may be used by the board in performing its functions.

s 19 ins 1997 No. 79 s 45

amd 2010 No. 44 s 206

20Use of proceeds from sale of specimens

The proceeds of the sale by the board of any specimen other than under section 19 must, after deduction of the costs of and incidental to the sale, be used by the board for its functions.

s 20 ins 1997 No. 79 s 45

21Disposal of certain abandoned property

(1)This section applies if any property, other than a specimen to which section 19 applies—
(a)is found in any building or other place consisting of the museum or a branch of the museum; and
(b)there are reasonable grounds for suspecting the property has been abandoned by the person who last used it; and
(c)the property is unclaimed after 4 months.
(2)The board may sell the property by public auction.
(2A)If the board sells the property, the proceeds of sale must be applied in the following order—
(a)in payment of the reasonable expenses incurred in storing and selling the property;
(b)if there is an amount owing to an entity under a security interest registered for the property under the Personal Property Securities Act 2009 (Cwlth)—in payment of the amount owing under the security interest;
(c)the balance to be used by the board in performing its functions.
(3)Despite subsection (2), if the board considers on reasonable grounds that, because of the property’s value, it is not viable to sell it, the board may dispose of the property in another way.
(4)Despite subsection (2), if the board considers on reasonable grounds that the property is in a dangerous condition or unfit for use for the purpose for which it was intended to be used, the board may cause it to be destroyed.

s 21 ins 1997 No. 79 s 45

amd 2010 No. 44 s 207

21A[Repealed]

s 21A ins 1979 No. 29 s 15

sub 1985 No. 65 s 25

amd 1995 No. 58 s 4 sch 1

om 1997 No. 79 s 46

21B[Repealed]

s 21B ins 1985 No. 65 s 26

amd 1995 No. 58 s 4 sch 1

om 1997 No. 79 s 46

22Board must give notice of public auction

(1)Before the board sells any property under section 19 or 21, it must first publish a notice in a daily newspaper circulating generally in the State.
(2)The notice must—
(a)identify the property; and
(b)state the property is to be sold by auction; and
(c)state how the person entitled to the property may recover it before the auction; and
(d)state the time and place of the auction.

s 22 ins 1997 No. 79 s 45

23Effect of sale or other disposal of specimens or other property

(1)This section applies to the sale or other disposal of any property under section 19 or 21.
(2)The sale or other disposal is valid against all persons.
(3)A secured party can not enforce any security interest in the property or the proceeds of sale against—
(a)the board; or
(b)an entity to whom an amount is paid or payable under section 19 (7) (a) or 21 (2A) (a); or
(c)an entity to whom the property is sold.
(4)Compensation is not recoverable against the board for the sale or other disposal.
(5)In this section—
secured party has the meaning given by the Personal Property Securities Act 2009 (Cwlth), section 10.
security interest has the meaning given by the Personal Property Securities Act 2009 (Cwlth), section 12.

s 23 ins 1997 No. 79 s 45

amd 2001 No. 71 s 551 sch 1

amd 2010 No. 44 s 208

24Committees

(1)The board may establish committees of the board.
(2)A committee may exercise the powers delegated to it by the board under section 34.
(3)A committee is subject to the directions of the board in exercising the powers.
(4)A person may be appointed to a committee whether or not the person is a member of the board.
(5)In appointing a person to a committee, regard must be had to the person’s ability to take part in the exercise of the powers delegated to the committee.

s 24 ins 1997 No. 79 s 45

Division 4 Proceedings and business of board

div hdg prev div 4 hdg om 1995 No. 58 s 4 sch 1

pres div 4 hdg renum (as div 3 hdg) 1995 No. 58 s 4 sch 1

25Conduct of business

Subject to this Act, the board may conduct its business and proceedings at meetings in the way it decides.

s 25 orig s 25 om 1997 No. 79 s 41 sch 3

prev s 25 (s 14) amd 1985 No. 65 s 23

om 1995 No. 58 s 4 sch 1

pres s 25 ins 1997 No. 79 s 46

26Presiding at meetings

(1)The chairperson is to preside at all meetings at which the chairperson is present.
(2)If the chairperson is not present at a meeting, the deputy chairperson is to preside.
(3)If both the chairperson and deputy chairperson are not present at a meeting, the member chosen by the members present at the meeting is to preside.

s 26 orig s 26 sub 1995 No. 58 s 4 sch 1

om 1997 No. 79 s 41 sch 3

prev s 26 (s 15) om 1996 No. 37 s 147 sch 2

pres s 26 ins 1997 No. 79 s 46

27Quorum

(1)A quorum of the board consists of a majority of members for the time being holding office.
(2)A meeting of the board at which a quorum is present may perform the functions and exercise the powers of the board.

s 27 sub 1997 No. 79 s 46

28Meetings

(1)The board may hold its meetings where and when it decides.
(2)The board may hold meetings, or allow members to take part in meetings, by telephone, video link or another form of communication that allows reasonably contemporaneous and continuous communication between the members taking part in the meeting.
(3)A member who takes part in a meeting under subsection (2) is taken to be present at the meeting.

s 28 sub 1997 No. 79 s 46

29Resolutions without meetings

(1)If at least a majority of members sign a document containing a statement that they are in favour of a resolution set out in the document, a resolution in those terms is taken to have been passed at a meeting of the board held on the day on which the document is signed or, if the members do not sign it on the same day, the day on which the last of the members constituting the majority signs the document.
(2)If a resolution is, under subsection (1), taken to have been passed at a meeting of the board, each member must be immediately advised of the matter and given a copy of the terms of the resolution.
(3)For subsection (1), 2 or more separate documents containing a statement in identical terms, each of which is signed by 1 or more members, are taken to constitute a single document.

s 29 sub 1997 No. 79 s 46

30Minutes

The board must keep minutes of its proceedings.

s 30 amd 1979 No. 29 s 14; 1985 No. 65 s 24

sub 1997 No. 79 s 46

31Conduct of meetings

(1)A decision of the board may be made by a majority of members present at a meeting of the board.
(2)If a member abstains from voting, the member is taken to have voted against the matter being decided.
(3)If the votes are equal, the person presiding has a casting vote.

s 31 sub 1997 No. 79 s 46

32Disclosure of interests by members

(1)If a member has a direct or indirect interest in a matter being considered, or about to be considered, by the board, the member must disclose the nature of the interest to a meeting of the board as soon as practicable after the relevant facts come to the member’s knowledge.

Maximum penalty—100 penalty units.

(2)The disclosure must be recorded in the board’s minutes.

s 32 sub 1997 No. 79 s 46

33Voting by interested member

(1)A member who has a material personal interest in a matter that is being considered by the board must not—
(a)vote on the matter; or
(b)vote on a proposed resolution under subsection (2) (a related resolution) in relation to the matter (whether in relation to the member or another member); or
(c)be present while the matter, or a related resolution, is being considered by the board; or
(d)otherwise take part in any decision of the board in relation to the matter or a related resolution.

Maximum penalty—100 penalty units.

(2) Subsection (1) does not apply to the matter if the board has at any time passed a resolution that—
(a)specifies the member, the interest and the matter; and
(b)states that the members voting for the resolution are satisfied that the interest should not disqualify the member from considering or voting on the matter.
(3)If, because of this section, a member is not present at a meeting of the board for considering or deciding a matter, but there would be a quorum if the member were present, the remaining members present are a quorum for considering or deciding the matter at the meeting.

s 33 sub 1985 No. 65 s 27; 1997 No. 79 s 46

34Delegation by board

The board may, by resolution, delegate its powers to—
(a)a member; or
(b)a committee of members; or
(c)the director; or
(d)a committee established under section 24; or
(e)an appropriately qualified employee of a department or another government entity performing work for the board under a work performance arrangement; or
(f)an appropriately qualified employee of the board.

s 34 sub 1997 No. 79 s 46

amd 2007 No. 20 s 64

Division 5 Director

div hdg ins 1997 No. 79 s 46

amd 2007 No. 20 s 65

35Appointment of director

(1)There is to be a director of the museum.
(2)The director is to be appointed by the Governor in Council for the term, and on the conditions, stated in the instrument of appointment.
(3)The stated term must not be longer than 5 years.

s 35 ins 1995 No. 58 s 4 sch 1

sub 1996 No. 37 s 147 sch 2; 1997 No. 79 s 46

amd 2007 No. 20 s 66

sub 2007 No. 53 s 16

35AMinister to obtain board’s approval

The Minister must not recommend the Governor in Council act under section 35 (2) unless the recommendation has been approved by the board.

s 35A prev s 35A ins 1985 No. 65 s 30

om 1997 No. 79 s 48

pres s 35A ins 2007 No. 53 s 16

35BDirector is employee of the board

Despite section 35
(a)the director is an employee of the board and not of the State; and
(b)subject to the conditions of the director’s appointment, the board may enter into a contract of employment with the director.

s 35B ins 2007 No. 53 s 16

36Duties of director

The director is, under the members, to manage the board.

s 36 ins 1996 No. 37 s 147 sch 2

sub 1997 No. 79 s 46

37Director to attend board meetings

(1)This section applies if the director is not a member.
(2)The director must attend all meetings of the board unless excused or precluded by the board.

s 37 ins 1997 No. 79 s 46

38Things done by director

Anything done in the name of, or for, the board by the director is taken to have been done by the board.

s 38 ins 1997 No. 79 s 46

39Delegation by director

(1)The director may delegate the director’s powers (including a power delegated to the director by the board) to—
(a)an appropriately qualified employee of a department or another government entity performing work for the board under a work performance arrangement; or
(b)an appropriately qualified employee of the board.
(2) Subsection (1) has effect subject to any directions by the board.

s 39 ins 1997 No. 79 s 46

amd 2007 No. 20 s 67

40[Repealed]

s 40 prev s 40 ins 1985 No. 65 s 33

om 1995 No. 58 s 4 sch 1

41[Repealed]

s 41 amd 1985 No. 65 s 28; 1988 No. 52 s 44 sch 3

sub 1995 No. 58 s 4 sch 1

amd 1996 No. 37 s 147 sch 2

om 2007 No. 20 s 69

42[Repealed]

s 42 prev s 42 ins 1985 No. 65 s 33

om 1997 No. 79 s 41 sch 3

Division 6 Other provisions

div hdg ins 2007 No. 20 s 71

42ABoard may enter into work performance arrangements

(1)The board may enter into, and give effect to, a work performance arrangement with—
(a)the chief executive of a department; or
(b)the appropriate authority of another government entity.
(2)A work performance arrangement may make provision for all matters necessary or convenient to be provided under the arrangement.
(3)For example, a work performance arrangement may provide for—
(a)the appointment of a person to an office, and the holding of the office by the person, for the arrangement; and
(b)the authorising of a person to exercise powers for the arrangement; and
(c)whether payment is to be made for work done under the arrangement and, if so, what payment is to be made and who is to make the payment.
(4)A person performing work for the board under a work performance arrangement entered into under subsection (1)—
(a)is not employed by the board; and
(b)remains an employee of the department or other government entity whose appropriate authority is a party to the arrangement.
(5)To remove any doubt, it is declared that the board does not have power to employ a person performing work for the board under a work performance arrangement entered into under subsection (1).

s 42A ins 2007 No. 20 s 71

42BSuperannuation schemes

The board may—
(a)establish and maintain, or amend, superannuation schemes; or
(b)join in establishing and maintaining, or amending, superannuation schemes; or
(c)take part in superannuation schemes.

s 42B (prev s 40) ins 1997 No. 79 s 46

renum and reloc 2007 No. 20 s 68

42CHonorary assistants

(1)The director may, with the approval of the board, from time to time appoint for the effectual administration of this Act such persons, being members of the Queensland Museum Association Incorporated, or other suitable persons, who are engaged in or signify a willingness to become engaged in honorary activities in and for the museum to act as honorary assistants.
(2)Honorary assistants shall hold office at the pleasure of the board, and shall have the functions decided by the board.

s 42C (prev s 42) ins 1985 No. 65 s 29

amd 1997 No. 79 s 41 sch 3

renum and reloc 2007 No. 20 s 70

Part 3 Planning

pt hdg sub 1997 No. 79 s 47

Division 1 Preliminary

div hdg ins 1997 No. 79 s 47

43How pt 3 applies if offices of Minister and Treasurer are held by the 1 person

(1)This section applies if, under a provision of this part, a thing is required to be done by or in relation to the Minister and the Treasurer and the Minister is the Treasurer.
(2)The provision is satisfied if the thing is done by or in relation to the Minister.

s 43 prev s 43 ins 1985 No. 65 s 33

om 1997 No. 79 s 41 sch 3

pres s 43 amd 1997 No. 17 s 74 sch

sub 1997 No. 79 s 47

44Part additional to standard

(1)This part is additional to and does not derogate from the standard.
(2)However, if there is an inconsistency between this part and the standard, this part prevails to the extent of the inconsistency.
(3)Also, if something is required to be done under this part and the same thing, or something to the same effect, is required to be done under the standard, compliance with this part is sufficient compliance with the standard.

s 44 sub 1997 No. 79 s 47

Division 2 Strategic and operational plans for board

div hdg ins 1997 No. 79 s 47

45Draft strategic and operational plans

(1)The board must prepare and submit to the Minister for the Minister’s agreement, draft strategic and operational plans for the board not later than 2 months before the start of each financial year.
(2)In preparing the draft plans the board must consult with the Minister.
(3)The board must give copies of the draft plans to the Treasurer at the same time as it gives the plans to the Minister.
(4)The draft plans must—
(a)be in the form approved by the Minister; and
(b)provide for the things that a strategic plan and an operational plan for the board must provide for under the standard or this part; and
(c)be accompanied by—
(i)a statement of resource implications, and major policy changes, resulting from the proposed plan; and
(ii)any budget documents the board has prepared for the State’s funding of the board.
(5)The board and the Minister must try to reach agreement on the draft plans as soon as possible and in any event not later than 1 month before the start of the financial year.

s 45 sub 1997 No. 79 s 47

amd 2003 No. 66 s 19

46Special procedures for draft strategic and operational plans

(1)The Minister may return the draft strategic and operational plans to the board and ask it—
(a)to consider, or further consider, anything and deal with the thing in the draft plans; and
(b)to revise the draft plans in the light of its consideration or further consideration.
(2)The board must comply with the request as a matter of urgency but subsection (1) does not require the board to amend the draft plans.
(3)If the draft plans have not been agreed to by the Minister by 1 month before the start of the financial year, the Minister may, by written notice, direct the board—
(a)to take specified steps in relation to the draft plans or either of them; or
(b)to make specified modifications of the draft plans or either of them.
(4)The board must immediately comply with the direction and include a copy of the direction in the plans, or plan concerned.
(5)The Minister may act under subsection (1) or (3) for a thing having resource implications for the board that are likely to require additional funding by the State only if the Minister has consulted with the Treasurer about the implications.

s 46 prev s 46 om 1996 No. 54 s 9 sch

pres s 46 ins 1997 No. 79 s 47

47Strategic and operational plans on agreement

(1)When the draft strategic and operational plans have been agreed to in writing by the Minister, they become the board’s strategic and operational plans for the relevant financial year.
(2)However, the Minister must not agree to the plans for subsection (1) until Parliament appropriates amounts for the department for the relevant financial year.

s 47 amd 1979 No. 29 s 16

sub 1997 No. 79 s 47

48Strategic and operational plans pending agreement

(1)This section applies if the Minister and the board have not agreed to draft strategic and operational plans before the start of the relevant financial year.
(2)The draft plans submitted, or last submitted, by the board to the Minister before the start of the financial year, with any modifications made by the board, whether before or after that time, at the direction of the Minister, are taken to be the board’s strategic and operational plans.
(3) Subsection (2) applies until draft strategic and operational plans become the board’s strategic and operational plans under section 47.

s 48 sub 1995 No. 58 s 4 sch 1

amd 1996 No. 54 s 9 sch

sub 1997 No. 79 s 47

49Modifications of strategic and operational plans

(1)The board may modify its strategic or operational plan only with the written agreement of the Minister.
(2)The Minister may, by written notice, direct the board to modify its strategic or operational plan.
(3)The Minister may act under subsection (1) or (2) for a modification having resource implications for the board that are likely to require additional funding by the State only if the Minister has consulted with the Treasurer about the modification.

s 49 prev s 49 om 1995 No. 58 s 4 sch 1

pres s 49 ins 1997 No. 79 s 47

50State’s agreed triennial funding

The board’s strategic plan must include the State’s agreed funding proposals for the board for the period covered by the plan or, if the period is more than 3 years, the first 3 years.

s 50 sub 1974 No. 11 s 2

amd 1979 No. 29 s 17

sub 1997 No. 79 s 47

51Elements of operational plans

The board’s operational plan must include the following—
(a)targets for, and ways of measuring, outputs the board intends to supply;
(b)identification of the outputs that are not in the board’s commercial interests to supply;
(c)identification of the outputs intended to be funded by amounts appropriated by Parliament for the department, or by other grants to the board;
(d)identification of any outputs intended to be funded from the board’s commercial and fundraising activities;
(e)an outline of the nature and scope of activities, including commercial and fundraising activities, the board proposes to undertake;
(f)an outline of the major investments and borrowings the board intends to make;
(g)an outline of the board’s risk management policies and procedures;
(h)an outline of the main undertakings proposed by the board.

s 51 ins 1997 No. 79 s 47

52Information systems and physical assets strategic plans

The board’s information systems and physical assets strategic plan under the standard must be included in the board’s strategic plan.

s 52 prev s 52 ins 1997 No. 79 s 50

om R3 (see RA s 37)

pres s 52 ins 1997 No. 79 s 47

Part 4 Accountability matters

pt hdg ins 1997 No. 79 s 47

53Board to keep Minister informed

(1)The board must—
(a)keep the Minister reasonably informed of the board’s operations including its financial and operational performance and the achievement of its goals; and
(b)give to the Minister reports and information that the Minister requires to enable the Minister to make informed assessments of matters mentioned in paragraph (a); and
(c)if matters arise that in the board’s opinion may prevent, or significantly affect, achievement of its goals under its strategic plan or significantly affect its performance in delivering the outputs under its operational plan—immediately inform the Minister of the matters and its opinion about them.
(2) Subsection (1) does 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 to the Minister, by another Act.

s 53 ins 1997 No. 79 s 47

54Monitoring and assessment of board

(1)The Minister may ask an appropriately qualified officer of the department or another appropriately qualified person to investigate, and report to the Minister on, any matter relating to the board.
(2)The person may give written directions to the board for the investigation.
(3)Without limiting subsection (2), the person may direct the board—
(a)to give to the person any information about the board that the person considers necessary or desirable in connection with the investigation; and
(b)to permit other persons authorised by the person to have access to specified records and other documents about the board that the person considers necessary or desirable in connection with the investigation; and
(c)to take steps the person considers necessary or desirable for the investigation.
(4)The board must ensure that any direction given to it under this section is complied with.
(5)Before reporting on the investigation to the Minister, the person must consult with the board about the report.

s 54 ins 1997 No. 79 s 47

Part 5 Reporting

pt hdg ins 1997 No. 79 s 47

55Annual report

The board’s annual report under the Financial Accountability Act 2009 must include—
(a)a summary of the operational plan for the relevant financial year; and
(b)a summary of any modifications of the operational plan during the relevant financial year; and
(c)particulars of any directions given to the board by the Minister that relate to the relevant financial year; and
(d)particulars of the impact on the financial position of the board of any modifications of the operational plan, and any directions given to the board by the Minister, that relate to the relevant financial year.

s 55 sub 1974 No. 11 s 3

amd 1979 No. 29 s 18

sub 1997 No. 79 s 47

amd 2009 No. 9 s 136 sch 1

Part 6 Miscellaneous

pt hdg sub 1997 No. 79 s 41 sch 3

56Delegation by Minister

(1)The Minister may delegate the Minister’s powers under this Act to an appropriately qualified officer of the department.
(2)However, the Minister may not delegate any of the following powers—
(a)the power to give the board a function for section 12 (1) (f);
(b)the power to direct the board under sections 15, 46 (3) and 49 (2);
(c)the power to agree in writing to, and agree in writing to modifications of, the board’s strategic and operational plans;
(d)the power to ask a person to investigate and report under section 54 (1).

s 56 sub 1997 No. 79 s 48

amd 2003 No. 66 s 20

57Protection from liability of persons acting under the Act

(1)The following persons are not civilly liable for an act done, or omission made, honestly and without negligence under this Act—
(a)a member;
(b)a person appointed to a committee established under section 24;
(c)an honorary assistant appointed under section 42C.
(2)If subsection (1) prevents a civil liability attaching to a person, the liability attaches instead to the board.
(3)This section is subject to section 58.

s 57 amd 1985 No. 65 s 31

sub 1997 No. 79 s 48

amd 2007 No. 20 s 72

58Illegal borrowing

(1) Subsection (2) applies if the board borrows an amount that it is not authorised to borrow under an Act.
(2)The members who consented to the borrowing are jointly and severally liable to repay the amount, and any interest on it, to the person from whom it was borrowed and the person may recover the amount and interest by action as for a debt in a court of competent jurisdiction.
(3) Subsection (4) applies if an amount is appropriated from the board’s moneys to repay an amount mentioned in subsection (1) or interest on the amount.
(4)The members who consented to the appropriation are jointly and severally liable to refund the amount, together with interest on the amount at a rate decided by the Treasurer, and the Treasurer may recover the amount and interest by action as for a debt in a court of competent jurisdiction.
(5)If the Treasurer brings an action under subsection (4)—
(a)the Treasurer is entitled to costs as between solicitor and client; and
(b)any amount recovered must be paid to the board.
(6) Subsection (2) does not apply to a member if, at the time the member consented to the borrowing, the member believed on grounds that were reasonable in all the circumstances that the board was authorised under an Act to borrow the amount.
(7) Subsection (4) does not apply to a member if—
(a) subsection (2) does not apply to the member because of subsection (6); or
(b)the member did not consent to the borrowing.

s 58 sub 1997 No. 79 s 48

59Application of certain Acts

(1)The board is a statutory body under the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982 .
(2)The Statutory Bodies Financial Arrangements Act 1982 , part 2B, sets out the way in which the board’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 .

s 59 ins 1997 No. 79 s 48

amd 2009 No. 9 s 136 sch 1

60Application of rule against perpetuities

For the application of the rule against perpetuities to gifts to the board, the board’s purposes are taken to be charitable.

s 60 ins 1997 No. 79 s 48

61[Repealed]

s 61 ins 1997 No. 79 s 48

om 2001 No. 71 s 551 sch 1

62Museum etc. taken to be public place

(1)This section applies for any Act conferring or imposing on a police officer powers or functions in respect of a public place or providing for offences committed in a public place.
(2)A building or another place consisting of the museum or a branch of the museum is taken to be a public place.
(3) Subsection (2) must not be construed to prevent or limit the imposition by the board of conditions of entry for the building or other place.

s 62 ins 1997 No. 79 s 48

63Board’s seal

(1)The board’s seal is to be kept in the custody directed by the board and may be used only as authorised by the board.
(2)The attaching of the seal to a document must be witnessed by—
(a)2 or more members; or
(b)at least 1 member and the director; or
(c)a member or the director, and 1 or more other persons authorised by the board.

s 63 ins 1997 No. 79 s 48

64Authentication of documents

A document made by the board (other than a document that is required by law to be sealed) is sufficiently authenticated if it is signed by—
(a)the chairperson; or
(b)the director; or
(c)a person authorised to sign the document by—
(i)resolution of the board; or
(ii)direction of the director.

s 64 ins 1997 No. 79 s 48

65Reward for information

(1)The board may offer and pay a reward to a person who gives the board information about an offence it believes or suspects is committed in relation to its property or property in its possession.
(2)If a court finds a person guilty of the offence and the board has paid, or agreed to pay, the reward for information about the offence, the court may order the person to pay to the board the amount of the reward.
(3)The amount is a debt owing by the person to the board.
(4) Subsection (2)—
(a)applies whether or not a conviction is recorded; and
(b)does not limit the court’s jurisdiction to impose a penalty or make another order for the offence.

s 65 ins 1997 No. 79 s 48

66Proceedings for offences

A proceeding for an offence under this Act may be instituted summarily under the Justices Act 1886 .

s 66 ins 1997 No. 79 s 48

67Description of property in proceeding

In any proceeding taken for an offence committed in relation to property, or property in the possession, of the board and in which it is material to prove ownership of the property, it is enough to allege the board owns the property.

s 67 ins 1997 No. 79 s 48

68Savings as to Commonwealth powers

Nothing in this Act affects the powers of the Commonwealth in respect of the matter of air transport referred to the Parliament of the Commonwealth by the Commonwealth Powers (Air Transport) Act 1950 , and, without limiting the generality of the foregoing, nothing in this Act shall be construed as authorising the board to—
(a)operate an air transport business or an air service for the carriage of passengers or cargo; or
(b)own, lease, or operate aircraft (other than for the purposes of this Act); or
(c)control the taking off, landing or flight of aircraft.

s 68 prev s 68 amd 1985 No. 65 s 32; 1995 No. 58 s 4 sch 1

om 1997 No. 79 s 49

pres s 68 ins 1985 No. 65 s 33

69Regulation-making power

The Governor in Council may make regulations under this Act.

s 69 ins 1995 No. 58 s 4 sch 1

Part 7 Transitional provisions

pt hdg prev pt 7 hdg ins 1997 No. 79 s 50

exp 19 December 2002 (see s 77)

pres pt 7 hdg ins 2003 No. 66 s 21

Division 1 Transitional provisions for Arts Legislation Amendment Act 2003

div hdg ins 2007 No. 20 s 73

70Definition for div 1

In this division—
commencement means commencement of this section.

s 70 prev s 70 ins 1997 No. 79 s 50

exp 19 December 2002 (see s 77)

pres s 70 ins 2003 No. 66 s 21

amd 2007 No. 20 s 74

71Duration of certain appointments

(1)This section applies to a person who was a member of the board immediately before the commencement.
(2)Despite section 10 (1), the person’s appointment as a member continues until the day the appointment would have ended under this Act as in force immediately before the commencement, unless earlier ended under section 10 (3).

s 71 prev s 71 ins 1997 No. 79 s 50

exp 19 December 2002 (see s 77)

pres s 71 ins 2003 No. 66 s 21

Division 2 Transitional provisions for Statutory Bodies Legislation Amendment Act 2007

div hdg ins 2007 No. 20 s 75

72Rights and entitlements of particular employees

(1)This section applies to a person who—
(a)becomes a public service employee; and
(b)was an employee of the board—
(i)immediately before the commencement of this section; and
(ii)immediately before becoming a public service employee.
(2)On becoming a public service employee—
(a)the person keeps all rights and entitlements, including entitlements to receive long service, recreation and sick leave and any similar entitlements, that—
(i)have accrued or were accruing to the person as an employee of the board; and
(ii)would have accrued to the person if the board had never become an employer under the Workplace Relations Act 1996 (Cwlth); and
(b)if the person is a member of a superannuation scheme—
(i)the person keeps all entitlements accrued or accruing to the person as a member of the scheme; and
(ii)the person’s membership of the scheme is not affected.
(3)Without limiting subsection (2), for working out the person’s rights and entitlements, including entitlements to receive long service, recreation and sick leave and any similar entitlements, employment of the person as a public service employee is a continuation of employment of the person by the board.

s 72 prev s 72 ins 1997 No. 79 s 50

exp 19 December 2002 (see s 77)

pres s 72 ins 2007 No. 20 s 75

73Non-application of Industrial Relations Act 1999, s 167

For the purpose of the Industrial Relations Act 1999 , section 167, a department or public service office does not become the successor of any part of the business of the board only because the department or public service office becomes the employer of persons previously employed by the board.

s 73 prev s 73 ins 1997 No. 79 s 50

exp 19 December 2002 (see s 77)

pres s 73 ins 2007 No. 20 s 75

74Amending Act does not affect particular powers of board

Nothing in the Statutory Bodies Legislation Amendment Act 2007 , part 7, affects the powers of the board under section 14.

s 74 prev s 74 ins 1997 No. 79 s 50

exp 19 December 2002 (see s 77)

pres s 74 ins 2007 No. 20 s 75

75Continued application of repealed s 41

(1) Section 41, as in force immediately before the commencement of this section, continues to apply in relation to persons employed by the board under the section immediately before the commencement while that employment continues.
(2)This section does not limit section 74.

s 75 prev s 75 ins 1997 No. 79 s 50

exp 19 December 2002 (see s 77)

pres s 75 ins 2007 No. 20 s 75

76Application of Act to particular officers

(1)This section applies to a person who—
(a)immediately before the commencement of this section, was an officer mentioned in section 35 (3) as in force immediately before that commencement; and
(b)on the commencement, continues to perform work for the board.
(2)For sections 16, 17, 34 and 39, until the chief executive of the department enters into a work performance arrangement with the board the person is taken to be an employee of a department or other government entity performing work for the board under a work performance arrangement.
(3)If, immediately before the commencement of this section, a delegation of a power to the person was in force under section 34 or 39, as the section was in force immediately before the commencement, the delegation continues in force until it is revoked.

s 76 prev s 76 ins 1997 No. 79 s 50

exp 19 December 2002 (see s 77)

pres s 76 ins 2007 No. 20 s 75

Division 3 Transitional provisions for Vocational Education, Training and Employment and Other Legislation Amendment Act 2007

div hdg ins 2007 No. 53 s 17

77Definitions for div 3

In this division—
commencement means the commencement of the provision in which the term is used.
current appointment, of the present director, means the director’s appointment by the Governor in Council under the pre-amended Act, section 35 (1), on 10 May 2005.
current conditions see section 78 (1).
pre-amended Act means this Act as in force before the commencement.
present director means the person holding office as the director at the commencement.

s 77 prev s 77 ins 1997 No. 79 s 50

exp 19 December 2002 (see s 77)

pres s 77 ins 2007 No. 53 s 17

78Conditions on which present director holds office

(1)Subject to this division, the present director continues to hold office on the conditions (the current conditions) applying under the pre-amended Act, section 35 (2), immediately before the commencement.
(2)The present director’s current appointment ends and the director ceases holding the office at the end of 9 May 2010.
(3) Subsection (2) does not prevent the present director ceasing to hold the office at an earlier time under the current conditions or those conditions as amended.
(4)If the present director ceases to hold the office under subsection (3), the director’s current appointment also ends.

s 78 ins 2007 No. 53 s 17

79Current conditions may be amended

(1)The board may, with the Governor in Council’s approval, amend the current conditions.
(2)However, subject to section 78 (3), the conditions can not be amended in a way that would interfere with the operation of section 78 (2).

s 79 ins 2007 No. 53 s 17

80No compensation payable

Compensation may not be claimed by, and is not payable to, the present director, whether under the current conditions, those conditions as amended or otherwise, because of the operation of section 78 (2).

s 80 ins 2007 No. 53 s 17