Commonwealth Aluminium Corporation Pty. Limited Agreement Act 1957


Queensland Crest
Commonwealth Aluminium Corporation Pty. Limited Agreement Act 1957

An Act with respect to an agreement between the State of Queensland and Commonwealth Aluminium Corporation Pty. Limited; and for purposes incidental thereto and consequent thereon

1Short title

This Act may be cited as the Commonwealth Aluminium Corporation Pty. Limited Agreement Act 1957.

2Execution of agreement authorised

The Premier and Chief Secretary is hereby authorised to make, for and on behalf of the State, with Commonwealth Aluminium Corporation Pty. Limited, a company duly incorporated in the said State and having its registered office at 240 Queen Street, Brisbane, in the said State, the agreement a copy of which is set out in schedule 1 (the agreement).

Note—

Since the making of the agreement, Commonwealth Aluminium Corporation Pty. Limited has changed its name to Rio Tinto Aluminium Limited.

s 2 amd 2010 No. 52s 10

3Executed agreement to have force of law

Upon the making of the agreement the provisions thereof shall have the force of law as though the agreement were an enactment of this Act.

s 3 amd 1995 No. 57s 4sch 1

4Variation of agreement

(1)The agreement may be varied only—
(a)by further agreement between the State and the other parties to the agreement; and
(b)under the authority of an Act.
(2)A variation of the agreement purported to be made other than under subsection (1) is of no effect.
(3)The Minister must notify the date of the making of each further agreement by gazette notice.
(4)The agreement as varied has the force of law as if it were an enactment of this Act.

s 4 sub 1995 No. 57s 4sch 1

amd 2010 No. 52s 11

4AApplication of GST to rents after 30 June 2005

(1)This section applies to rent payable after 30 June 2005 under—
(a)this Act; or
(b)the agreement; or
(c)a lease granted under, or mentioned in, the agreement.
(2)If the rent is for a supply for which GST is payable, the rent payable is the total of—
(a)the rent that would have been payable if the rent were not for a supply for which GST is payable; and
(b)10% of the rent that would have been payable if the rent were not for a supply for which GST is payable.
(3)Subsection (2) applies despite—
(a)sections 2 to 4; or
(b)the agreement; or
(c)the Mineral Resources Act 1989.
(4)A reference in this section to the agreement includes any amendment of the agreement.

s 4A ins 2000 No. 20s 29sch 3

4BDeclaration for Commonwealth Act

A special bauxite mining lease is declared not to be personal property under the Personal Property Securities Act 2009 (Cwlth).

s 4B ins 2010 No. 44s 94

4CAuthorisation of variation by further agreement

The agreement may be varied by further agreements corresponding to the proposed further agreements set out in schedules 2 and 3.

s 4C ins 2010 No. 52s 12

4DAuthorisation of variation by further agreement

The agreement may be varied by further agreement corresponding to the proposed further agreement set out in schedule 4.

s 4D ins 2013 No. 16s 50

4EAuthorisation of variation by further agreement

The agreement may be varied by further agreement corresponding to the proposed further agreement set out in schedule 5.

s 4E ins 2014 No. 64s 7

5Regulation making power

The Governor in Council may make regulations under this Act.

s 5 sub 1995 No. 57s 4sch 1

Schedule 1 The agreement

section 2

Note—

Consistent with the provisions of the Act, this schedule contains only the proposed agreement authorised to be entered into by the Act as originally enacted. It does not purport to be either the agreement actually entered into or that agreement as amended from time to time.

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sch 1 (prev sch) sub 2010 No. 52 s 13(1)

num 2010 No. 52 s 13(2)

Schedule 2 Proposed further agreement

section 4C

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sch 2 ins 2010 No. 52 s 14

Schedule 3 Proposed further agreement

section 4C

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sch 3 ins 2010 No. 52 s 14

Schedule 4 Proposed further agreement

section 4D

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sch 4 ins 2013 No. 16 s 51

Schedule 5 Proposed further agreement

section 4E

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sch 5 ins 2014 No. 64 s 8