Industrial Development Act 1963


Queensland Crest
Industrial Development Act 1963
Queensland Industrial Development Act 1963 Reprinted as in force on 1 January 2012 Reprint No. 3E This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOTE—This is the last reprint before repeal. Repealed by 2012 Act No. 43 s 216 Repealed on 1 February 2013
Information about this reprint This Act is reprinted as at 1 January 2012. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— when provisions commenced editorial changes made in earlier reprints. Spelling The spelling of certain words or phrases may be inconsistent in this reprint or with other reprints because of changes made in various editions of the Macquarie Dictionary (for example, in the dictionary, ‘lodgement’ has replaced ‘lodgment’). Variations of spelling will be updated in the next authorised reprint. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, authorised (that is, hard copy) and unauthorised (that is, electronic), are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If an authorised reprint is dated earlier than an unauthorised version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of an authorised reprint is the same as the date shown for an unauthorised version previously published, it merely means that the unauthorised version was published before the authorised version. Also, any revised edition of the previously published unauthorised version will have the same date as that version. Replacement reprint date If the date of an authorised reprint is the same as the date shown on another authorised reprint it means that one is the replacement of the other.
Queensland Industrial Development Act 1963 Contents 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Schedule Page Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Corporation of the Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Functions of the corporation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 General powers of the corporation . . . . . . . . . . . . . . . . . . . . . . . . 5 Sale of surplus land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Corporation may provide land for industrial purpose . . . . . . . . . . 8 Estates Construction Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Declaration that corporation is statutory body . . . . . . . . . . . . . . . 10 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Existing arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Transitional provision for funds—Industrial Development Amendment Act 1998. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Endnotes 1 2 3 4 5 6 7 8 9 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of renumbered provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transitional and savings provisions . . . . . . . . . . . . . . . . . . . . . . . . . . 15 15 16 16 17 17 19 23 23
Industrial Development Act 1963 [s 1] Industrial Development Act 1963 [as amended by all amendments that commenced on or before 1 January 2012] An Act relating to industrial development 1 Short title This Act may be cited as the Industrial Development Act 1963 . 2 Dictionary The dictionary in the schedule defines particular words used in this Act. 3 Corporation of the Minister (1) Subject to this section the corporation sole by the name of the Minister of Industries Assistance (the corporation ) constituted under the provisions repealed by this Act of the Labour and Industry Act 1946 is hereby preserved, continued in existence and constituted under this Act. (2) On and from the date of the commencement of this Act— (a) the name of the corporation shall be the Minister for Industrial Development of Queensland; and (b) the Minister for Industrial Development in office at such date shall constitute the corporation in succession to the then Minister for Labour and Industry and thereafter the corporation shall be constituted in perpetual succession by the persons respectively who are successively the Minister administering this section. (3) The corporation shall be a corporation sole by the name of the Minister for Industrial Development of Queensland, and by Reprint 3E effective 1 January 2012 Page 3
Industrial Development Act 1963 [s 4] that name shall have perpetual succession and an official seal, and shall be capable in law of suing and being sued in its corporate name. (4) All courts, judges and persons acting judicially shall take judicial notice of the seal of the corporation affixed to any document or other writing whatsoever and, until the contrary is proved, shall presume that such seal was duly so affixed. (5) For all purposes of this Act the corporation shall have and may exercise all or any of the powers, privileges, rights and remedies of the Crown. (6) Subsection (5) applies so as not to exempt the corporation from any liability in respect of rates or charges or land tax for which a mortgagee of land is liable under the Local Government Act 2009 , or, in respect of the City of Brisbane the City of Brisbane Act 2010 , or under the Land Tax Act 2010 or the repealed Land Tax Act 1915 . 4 Functions of the corporation (1) The primary function of the corporation is to deal in land to facilitate the use of land for industrial purposes. (2) The functions of the corporation also include— (a) dealing in other property to facilitate the use of land or other property for industrial purposes; and (b) providing or contributing to the provision of infrastructure to facilitate the use of land under the corporation’s control, including, for example, electricity, gas and water services, and roads; and (c) performing functions given to the corporation under another Act; and (d) performing functions incidental to the corporation’s other functions. Examples of performing an incidental function 1 Disposing of land when it is no longer required for industrial purposes. Page 4 Reprint 3E effective 1 January 2012
Industrial Development Act 1963 [s 5] 2 Leasing land when it is not immediately required for industrial purposes. 5 General powers of the corporation (1) The corporation has all the powers of an individual and may, for example— (a) deal in land or other property; and (b) enter into agreements, arrangements, contracts and deeds; and (c) enter into obligations as a purchaser or seller of a service; and (d) appoint agents and attorneys; and (e) engage consultants and contractors; and (f) contribute to or undertake studies about land in the State that may be used for an industrial purpose; and (g) exercise powers given to it under another Act; and (h) do anything else necessary or convenient to be done, for or in connection with, the performance of its functions. (2) If the corporation deals in land or other property for industrial purposes, the corporation may— (a) lend money, or enter into other financial arrangements, as part of the dealing, including, for example, by providing finance to a purchaser; and (b) enter into instalment contracts or other deferred payment arrangements as a creditor, including, for example, by constructing a research facility for an entity and recovering the costs of its construction by a lease of the facility to the entity; and (c) enter into joint ventures or other cooperative arrangements, with the Governor in Council’s approval. (3) However, the corporation may only exercise a power under subsection (2)(a) or (b) if the corporation has considered a matter prescribed under a regulation about lending money, Reprint 3E effective 1 January 2012 Page 5
Industrial Development Act 1963 [s 5] entering into other financial arrangements or entering into instalment contracts or other deferred payment arrangements. (4) If the corporation considers it appropriate for doing anything under subsection (2), the corporation may take any form of security or charge over land or other property. (5) The corporation may charge a fee for dealing in land or other property, providing services or otherwise exercising its powers. (6) The corporation shall not, in respect of anything done or omitted to be done by the corporation or by any person acting under the corporation’s authority under the corporation’s power under this section to construct roads, be subject to any duty, obligation, liability or responsibility except to the extent to which a local government would be subject to that duty, obligation, liability or responsibility were the act or omission committed by it. (7) Without limiting the power to make regulations under section 12, regulations may be made under that section conferring upon the corporation for the purposes of this section any right, power, protection, privilege or obligation relating to roads had by a local government or by the chief executive (of the department in which the Transport Infrastructure Act 1994 is administered) under the Local Government Act 2009 or the Transport Infrastructure Act 1994 . (8) Without limit to the generality of subsection (7), regulations may be made regulating, prohibiting or restricting traffic or any class of traffic upon any road constructed or under construction by the corporation pursuant to this section or upon any part of any such road or confining traffic or any class of traffic to any specified part of any such road. (9) At any time after the completion of the construction of any road constructed by the corporation pursuant to this section the Governor in Council may, by gazette notice, fix a date on and after which the provisions of the Local Government Act 2009 shall apply to the road. (10) On and after the date so fixed— Page 6 Reprint 3E effective 1 January 2012
Industrial Development Act 1963 [s 6] (a) the corporation shall not be subject to any duty, obligation, liability or responsibility whatsoever in respect of the road; and (b) any regulations made pursuant to the provisions of this section shall cease to apply to the road; and (c) the provisions of the Local Government Act 2009 shall apply in respect of the road as if it had been constructed by the local government in the area whereof it is situated. (11) Until the date fixed by the Governor in Council under subsection (9), the Local Government Act 2009 does not apply to a road constructed or under construction pursuant to this section. (12) In this section— power includes legal capacity. 6 Sale of surplus land (1) For the purposes of this section— surplus land means land held by or on behalf of the corporation which has been acquired by the corporation for valuable consideration for the purposes of this Act whether at the material time held in fee simple or surrendered to the Crown and which is not required for carrying out the corporation’s functions under this Act. (2) The corporation may, on sound commercial terms, sell any estate in fee simple in surplus land at its market value— (a) by public tender or auction on a cash basis; or (b) by private treaty with a department of the Government of the Commonwealth or of the State or a statutory body constituted under any Act of the Commonwealth or of the State; or (c) in any other way prescribed under a regulation. Reprint 3E effective 1 January 2012 Page 7
Industrial Development Act 1963 [s 7] 7 Delegations (1) The corporation may delegate its powers to the chief executive. (2) The delegation may permit the subdelegation of the power by the chief executive to an appropriately qualified officer or employee of the department. (3) In subsection (2)— appropriately qualified , for an officer or employee to whom a power under this Act may be delegated, includes having the qualifications, experience or standing appropriate to exercise the power. Example of standing A person’s classification level in the department. 8 Security For the purposes of this Act the corporation may hold, until the same can be advantageously disposed of, any property real or personal taken by the corporation or to which the corporation has become entitled as security for or in satisfaction, liquidation, or discharge of any debt owing to it. 9 Corporation may provide land for industrial purpose To help a person obtain land on which to establish and carry on, or expand, an undertaking for an industrial purpose, the corporation may enter into arrangements with a person for the grant to the person of an appropriate lease under the Land Act 1994 of unallocated State land available for the undertaking. 10 Estates Construction Fund (1) The Estates Construction Fund (the fund ) is continued in existence subject to the Financial Administration and Audit Act 1977 , part 8, division 2. (2) Accounts for the fund must be kept as part of the departmental accounts of the department. Page 8 Reprint 3E effective 1 January 2012
Industrial Development Act 1963 [s 10] (2A) However, amounts received for the fund must be deposited in a departmental financial-institution account of the department used only for amounts received for the fund. (3) The corporation must credit to the fund— (a) amounts paid to the department as part of the department’s departmental vote under the Financial Accountability Act 2009 and made available by the department for the fund; and (b) amounts for a lease arranged under section 9, or on the conversion of the lease, that are received by the corporation; and (c) other amounts received by the corporation, including, for example, proceeds from a dealing in land, proceeds from a borrowing and interest on the corporation’s funds. (4) The amounts credited to the fund may be applied in payment of any or all of the following— (a) the corporation’s costs and expenses in performing its functions; (b) principal and interest for a borrowing; (c) an amount the Minister and the Treasurer direct the corporation, in writing, to pay into the consolidated fund or departmental accounts. (5) In this section— borrowing means a borrowing by the corporation under the Statutory Bodies Financial Arrangements Act 1982 , section 34. departmental accounts , of a department, means the accounts of the department under the Financial Accountability Act 2009 , section 69. departmental financial-institution account , of a department, means an account of the department kept under the Financial Accountability Act 2009 , section 83. Reprint 3E effective 1 January 2012 Page 9
Industrial Development Act 1963 [s 11] 11 Declaration that corporation is statutory body (1) The corporation is a statutory body for the Statutory Bodies Financial Arrangements Act 1982 . (2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which the corporation’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 . 12 Regulation-making power The Governor in Council may make regulations under this Act. 13 Existing arrangements (1) This section applies to an arrangement entered into by the corporation and in existence immediately before the commencement of this section. (2) The arrangement continues to have effect after the commencement. (3) This Act as in force immediately before the commencement continues to apply to the arrangement. (4) In this section— arrangement includes advances, advances by way of loan and guarantees. 14 Transitional provision for funds—Industrial Development Amendment Act 1998 (1) This section applies to each amount that, immediately before the commencement of the Industrial Development Amendment Act 1998 , section 13, was the balance credited to each of the following funds— (a) the Assistance to Industries Fund; (b) the Industrial Estates Construction Fund; (c) the Estates Maintenance Fund. Page 10 Reprint 3E effective 1 January 2012
Industrial Development Act 1963 [s 14] (2) The corporation must transfer each of the amounts to the estates construction fund established under section 10. Reprint 3E effective 1 January 2012 Page 11
Industrial Development Act 1963 Schedule Schedule Dictionary section 2 ancillary industry includes— (a) an undertaking ancillary to, or associated with, an industry; and (b) an undertaking that provides facilities or services to people employed in an industry located on land dealt with by the corporation. Examples of paragraph (a) Business, education and training, professional, storage and transport services. Examples of paragraph (b) Child care centres, education and care service premises, convenience stores, food outlets, public parks and swimming pools and tennis courts. corporation see section 5. deal , in land or other property, includes— (a) acquire, develop, dispose of, hold, lease, license the use or occupation of, manage, sublease and otherwise deal in or with the land or other property, or interests in the land or other property; and (b) if the land or other property is contaminated by a hazardous contaminant—remediate the land or other property. education and care service premises see the Education and Care Services National Law (Queensland), section 5(1). hazardous contaminant see Environmental Protection Act 1994 , schedule 4. Editor’s note Environmental Protection Act 1994 , schedule 4 is the dictionary and hazardous contaminant is defined in it as follows— Page 12 Reprint 3E effective 1 January 2012
Industrial Development Act 1963 Schedule hazardous contaminant means a contaminant, other than an item of explosive ordnance, that, if improperly treated, stored, disposed of or otherwise managed, is likely to cause serious or material environmental harm because of— (a) its quantity, concentration, acute or chronic toxic effects, carcinogenicity, teratogenicity, mutagenicity, corrosiveness, explosiveness, radioactivity or flammability; or (b) its physical, chemical or infectious characteristics. industrial purposes means purposes of an industry or ancillary industry. industry includes an undertaking in one or more of the following areas— (a) information technology and communications, including, for example, producing circuit boards; (b) manufacturing, including, for example, textile production and cabinet making; (c) processing or reprocessing, including, for example, aluminium smelting and refining and making herbal medicines; (d) research and development, including, for example, medical and pharmaceutical research and designing aircraft. land means— (a) land; or (b) land and improvements on the land; or (c) improvements on land. remediate land or other property means— (a) rehabilitate the land or other property; or (b) restore the land or other property; or (c) take other action to prevent or minimise serious environmental harm being caused by the hazardous contaminant contaminating the land or other property. serious environmental harm see the Environmental Protection Act 1994 , section 17. Reprint 3E effective 1 January 2012 Page 13
Industrial Development Act 1963 Schedule Editor’s note Environmental Protection Act 1994 , section 17 reads as follows— 17 Serious environmental harm (1) Serious environmental harm is environmental harm (other than environmental nuisance)— (a) that is irreversible, of a high impact or widespread; or (b) caused to an area of high conservation value or special significance; or (c) that causes actual or potential loss or damage to property of an amount of, or amounts totalling, more than the threshold amount; or (d) that results in costs of more than the threshold amount being incurred in taking appropriate action to— (i) prevent or minimise the harm; and (ii) rehabilitate or restore the environment to its condition before the harm. (2) In this section— threshold amount means $50000 or, if a greater amount is prescribed by regulation, the greater amount. Page 14 Reprint 3E effective 1 January 2012
Endnotes Industrial Development Act 1963 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19 8 Table of renumbered provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23 9 Transitional and savings provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 January 2012. Future amendments of the Industrial Development Act 1963 may be made in accordance with this reprint under the Reprints Act 1992, section 49. Reprint 3E effective 1 January 2012 Page 15
Industrial Development Act 1963 Endnotes 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 1A 1B 1C 2 2A 3 Amendments to 1994 Act No. 15 1996 Act No. 54 1996 Act No. 54 1997 Act No. 39 1998 Act No. 51 1999 Act No. 29 1999 Act No. 29 Effective 10 May 1994 1 December 1996 1 June 1997 1 September 1997 18 December 1998 1 July 1999 1 January 2001 Reprint date 2 February 1996 11 February 1997 28 July 1997 5 November 1997 8 January 1999 3 September 1999 1 January 2001 Reprint No. 3A 3B 3C Amendments included 2008 Act No. 52 2009 Act No. 9 2010 Act No. 15 Effective 1 January 2009 1 July 2009 30 June 2010 Notes Page 16 Reprint 3E effective 1 January 2012
Reprint No. 3D 3E Amendments to 2009 Act No. 17 2010 Act No. 23 2011 Act No. 38 Industrial Development Act 1963 Endnotes Effective 1 July 2010 1 January 2012 Reprint date 5 Tables in earlier reprints Name of table Changed citations and remade laws Changed names and titles Obsolete and redundant provisions Renumbered provisions Reprint No. 1 1 1 1 6 List of legislation Industrial Development Act 1963 No. 28 date of assent 12 December 1963 commenced 9 January 1964 (proc pubd gaz 11 January 1964 p 80) amending legislation— Industrial Development Act Amendment Act 1964 No. 5 date of assent 31 March 1964 commenced 7 May 1964 (proc pubd gaz 9 May 1964 p 19) Industrial Development Act Amendment Act 1970 No. 40 date of assent 18 December 1970 ss 3(a), 4 and 8 commenced 1 January 1971 (see s 2) remaining provisions commenced on date of assent Industrial Development Act Amendment Act 1973 No. 36 date of assent 26 April 1973 commenced on date of assent Industrial Development Act Amendment Act 1975 No. 44 date of assent 9 October 1975 commenced on date of assent Industrial Development Act Amendment Act 1976 No. 61 date of assent 3 November 1976 commenced on date of assent State Development and Public Works Organization Act and Other Acts Amendment Act 1979 No. 26 pt 7 date of assent 6 June 1979 commenced on date of assent Reprint 3E effective 1 January 2012 Page 17
Industrial Development Act 1963 Endnotes Industrial Development Act Amendment Act 1981 No. 99 date of assent 11 December 1981 commenced on date of assent Industrial Development Act Amendment Act 1987 No. 77 (this Act is amended, see amending legislation below) date of assent 1 December 1987 commenced on date of assent amending legislation— Statute Law (Miscellaneous Provisions) Act 1989 No. 103 s 3 sch (amends 1987 No. 77 above) date of assent 25 October 1989 commenced on date of assent Statute Law (Miscellaneous Provisions) Act 1994 No. 15 ss 1–3 sch 1 date of assent 10 May 1994 commenced on date of assent Environmental Protection Act 1994 No. 62 ss 1–2, 616(2) (as ins 2000 No. 64 s 52) date of assent 1 December 1994 ss 1–2 commenced on date of assent remaining provision commenced 1 January 2001 Public Service Act 1996 No. 37 ss 1–2, 147 sch 2 date of assent 22 October 1996 ss 1–2 commenced on date of assent remaining provisions commenced 1 December 1996 (1996 SL No. 361) Statutory Bodies Financial Arrangements Amendment Act 1996 No. 54 ss 1–2, 9 sch date of assent 20 November 1996 ss 1–2 commenced on date of assent remaining provisions commenced 1 June 1997 (1997 SL No. 128) Cooperatives Act 1997 No. 39 ss 1–2, 472 sch 7 date of assent 25 August 1997 ss 1–2 commenced on date of assent remaining provisions commenced 1 September 1997 (1997 SL No. 286) Industrial Development Amendment Act 1998 No. 51 date of assent 27 November 1998 ss 13, 15 commenced 18 December 1998 (1998 SL No. 335) remaining provisions commenced on date of assent Financial Administration Legislation Amendment Act 1999 No. 29 ss 1–2, 50 sch date of assent 16 June 1999 ss 1–2, 50 commenced on date of assent remaining provisions commenced 1 July 1999 (1999 SL No. 122 and see 1999 SL No. 119, 1999 SL No. 70 s 2(3)) Page 18 Reprint 3E effective 1 January 2012
Industrial Development Act 1963 Endnotes Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 No. 52 ss 1–2, 98 sch 2 date of assent 23 October 2008 ss 1–2 commenced on date of assent remaining provisions commenced 1 January 2009 (2008 SL No. 388) Financial Accountability Act 2009 No. 9 ss 1, 2(2), 136 sch 1 date of assent 28 May 2009 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2009 (2009 SL No. 80) Local Government Act 2009 No. 17 ss 1, 2(4), 331 sch 1 date of assent 12 June 2009 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2010 (2010 SL No. 122) Land Tax Act 2010 No. 15 ss 1–2, 98 sch 3 date of assent 21 April 2010 ss 1–2 commenced on date of assent remaining provisions commenced 30 June 2010 (see s 2) City of Brisbane Act 2010 No. 23 ss 1–2(1), 352 sch 1 date of assent 17 June 2010 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2010 (see s 2(1)) Education and Care Services National Law (Queensland) Act 2011 No. 38 ss 1–2, pt 5 div 11 date of assent 24 November 2011 ss 1–2 commenced on date of assent remaining provisions commenced 1 January 2012 (2011 SL No. 277) 7 List of annotations This reprint has been renumbered—see table of renumbered provisions in endnote 8. Short title s 1 amd R1 (see RA s 37) Dictionary s 2 prev s 2 om R1 (see RA s 40) pres s 2 sub 1998 No. 51 s 4 Corporation of the Minister s 3 amd 1998 No. 51 s 5; 2010 No. 15 s 98 sch 3; 2009 No. 17 s 331 sch 1; 2010 No. 23 s 352 sch 1 Functions of the corporation s 4 prev s 4 amd 1964 No. 5 s 3; 1970 No. 40 s 4 om 1996 No. 37 s 147 sch 2 pres s 4 ins 1998 No. 51 s 6 Reprint 3E effective 1 January 2012 Page 19
Industrial Development Act 1963 Endnotes General powers of the corporation prov hdg sub 1998 No. 51 s 7(1) s 5 amd 1970 No. 40 s 5; 1998 No. 51 s 7(2)–(7); 2009 No. 17 s 331 sch 1 Sale of surplus land s 6 ins 1987 No. 77 s 2 amd 1998 No. 51 s 9 Power to lease and sub-lease land s 6A ins 1970 No. 40 s 6 om 1998 No. 51 s 8 Vesting of Crown land in the Minister s 6B ins 1970 No. 40 s 7 om 1998 No. 51 s 8 Delegations s 7 amd 1964 No. 5 s 4 sub 1998 No. 51 s 10 Security s8 prev s 8 amd 1964 No. 5 s 5 om 1998 No. 51 s 10 pres s 8 amd 1998 No. 51 s 11 Corporation may provide land for industrial purpose s 9 prev s 9 amd 1964 No. 5 s 6; 1970 No. 40 s 8 om 1998 No. 51 s 10 pres s 9 amd 1970 No. 40 s 12 sub 1998 No. 51 s 12 Estates Construction Fund s 10 prev s 10 amd 1964 No. 5 s 7 om 1998 No. 51 s 10 pres s 10 sub 1998 No. 51 s 13 amd 1999 No. 29 s 50 sch; 2009 No. 9 s 136 sch 1 Power to borrow etc. s 11 prev s 11 amd 1964 No. 5 s 8 om 1998 No. 51 s 10 pres s 11 ins 1973 No. 36 s 4 sub 1979 No. 26 s 43; 1996 No. 54 s 9 sch Regulation-making power s 12 amd 1970 No. 40 s 13; 1973 No. 36 s 5; 1979 No. 26 s 50 sub 1998 No. 51 s 14 Existing arrangements s 13 prev s 13 amd 1975 No. 44 s 2 om 1998 No. 51 s 10 pres s 13 amd 1976 No. 61 s 7 sub 1998 No. 51 s 14 Page 20 Reprint 3E effective 1 January 2012
Industrial Development Act 1963 Endnotes Transitional provision for funds—Industrial Development Amendment Act 1998 s 14 amd 1964 No. 5 s 10 sub 1998 No. 51 ss 14–15 Decision of Minister on application for financial assistance s 16 amd 1970 No. 40 s 9; 1975 No. 44 s 3; 1976 No. 61 s 4 om 1998 No. 51 s 10 Limits of financial assistance s 17 amd 1970 No. 40 s 10; 1975 No. 44 s 4 om 1998 No. 51 s 10 Powers as to advances s 18 amd 1976 No. 61 s 5; 1981 No. 99 s 3 om 1998 No. 51 s 10 Powers as to guarantees s 19 amd 1975 No. 44 s 5; 1976 No. 61 s 6 om 1998 No. 51 s 10 Recovery of moneys paid under guarantee s 20 amd 1981 No. 99 s 4 om 1998 No. 51 s 10 Obligations etc. of applicant during existence of advance or guarantee s 21 amd 1981 No. 99 s 5 om 1998 No. 51 s 10 Inspection, audit etc. s 22 amd 1964 No. 5 s 9; 1970 No. 40 s 11; 1981 No. 99 s 6 om 1998 No. 51 s 10 Industrial estates construction fund s 25A ins 1973 No. 36 s 3 amd 1979 No. 26 s 41; 1987 No. 77 s 3 (as amd 1989 No. 103 s 3 sch); 1994 No. 15 s 3 sch 2; 1996 No. 54 s 9 sch om 1998 No. 51 s 13 Estates maintenance fund s 25B ins 1973 No. 36 s 3 amd 1979 No. 26 s 42; 1996 No. 54 s 9 sch om 1998 No. 51 s 13 Repayment of appropriations s 25C ins 1973 No. 36 s 3 om 1998 No. 51 s 13 General powers s 26 om 1998 No. 51 s 13 Application of moneys prov hdg amd 1979 No. 26 s 44(a) s 26B ins 1973 No. 36 s 4 amd 1979 No. 26 s 44(b)–(c) Reprint 3E effective 1 January 2012 Page 21
Industrial Development Act 1963 Endnotes om 1996 No. 54 s 9 sch Debentures, bonds and stocks prov hdg sub 1979 No. 26 s 45(a) s 26C ins 1973 No. 36 s 4 amd 1979 No. 26 s 45(b) om 1996 No. 54 s 9 sch Entitlement of holder of debenture s 26D ins 1973 No. 36 s 4 amd 1981 No. 99 s 7 om 1996 No. 54 s 9 sch Status of debenture, bond or stock as investment and security prov hdg amd 1979 No. 26 s 46(a) s 26E ins 1973 No. 36 s 4 amd 1979 No. 26 s 46(b)–(c) om 1996 No. 54 s 9 sch Brokerage s 26F ins 1973 No. 36 s 4 amd 1979 No. 26 s 47 om 1996 No. 54 s 9 sch Remedy of lender prov hdg amd 1979 No. 26 s 48(a) s 26G ins 1973 No. 36 s 4 amd 1979 No. 26 s 48(b) om 1996 No. 54 s 9 sch Regulations relating to loans etc. s 26H ins 1979 No. 26 s 49 om 1996 No. 54 s 9 sch Numbering and renumbering of Act s 30 ins 1998 No. 51 s 15 om R2 (see RA s 37) SCHEDULE—DICTIONARY ins 1998 No. 51 s 14 def “ancillary industry” amd 2011 No. 38 s 82(2) def “educational and care service premises” ins 2011 No. 38 s 82(1) def “hazardous contaminant” amd 1994 No. 62 s 616(2) (as ins 2000 No. 64 s 52); 2008 No. 52 s 98 sch 2 Page 22 Reprint 3E effective 1 January 2012
Industrial Development Act 1963 Endnotes 8 Table of renumbered provisions under the Reprints Act 1992 s 43 as required by the Industrial Development Amendment Act 1998 s 30 [Reprint No. 2] Previous Renumbered as 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 5(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5(3) 5(6A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5(4) 5(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5(5) 5(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5(6) 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 6(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6(3) 6(2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6(4) 6(2C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6(5) 6(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6(6) 6(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6(7) 6(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6(8) 6(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6(9) 6(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6(10) 6(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6(11) 6(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6(12) 6C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 26A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 9 Transitional and savings provisions Industrial Development Act Amendment Act 1970 No. 40 s 14 reads as follows— 14 Validity of certain things done Any thing done prior to the date when this Act (other than paragraph (a) of section 3 and sections 4 and 8) commences which purports to have been done under the authority of the Principal Act, notwithstanding any defect in the doing thereof or in the manner in which such thing was done or in the procedure Reprint 3E effective 1 January 2012 Page 23
Industrial Development Act 1963 Endnotes involved in the doing of such thing, and which would be authorized by the Principal Act as amended by this Act had it been done after the said date shall be deemed to have been authorized by the Principal Act. © State of Queensland 2013 Page 24 Reprint 3E effective 1 January 2012