Tourism Queensland Act 1979

Queensland Tourism Queensland Act 1979 Reprinted as in force on 2 November 2009 Reprint No. 4B * 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 Repealed by 2012 Act No. 44 s 43 * Minor differences in presentation between this reprint and another reprint with the same number are due to the conversion to new styles. Footnotes have been relocated as editor’s notes.

Information about this reprint This Act is reprinted as at 2 November 2009. 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 Tourism Queensland Act 1979 Contents Part 1 1 2 Part 2 Division 1 6 6A 7 7A 8 10 12 Division 2 13 14 15 16 19 20 Division 2A 20A Division 3 20B 21 22 23 24 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Tourism Queensland Establishment and membership of corporation Establishment of Tourism Queensland . . . . . . . . . . . . . . . . . . . . . 6 Corporation’s common seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Membership of corporation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Chairperson and deputy chairperson of the corporation . . . . . . . 7 Term of appointment of appointed members . . . . . . . . . . . . . . . . 8 Vacating appointed member’s office. . . . . . . . . . . . . . . . . . . . . . . 8 Fees and allowances of members . . . . . . . . . . . . . . . . . . . . . . . . 9 Functions, powers and duties of corporation Functions of corporation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Powers of corporation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Corporation is statutory body . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Corporation may enter into work performance arrangements . . . 12 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Consultants and researchers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 General manager Appointment of general manager . . . . . . . . . . . . . . . . . . . . . . . . . 14 Proceedings and business of corporation Representative of the chief executive. . . . . . . . . . . . . . . . . . . . . . 14 Meetings of corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Presiding at meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Quorum at meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Notice of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Tourism Queensland Act 1979 Contents 25 26 27 29 Part 2AA Division 1 29AA 29AB 29AC Division 2 29AD 29AE Division 3 29AF 29AG Division 4 29AH Part 2A 29A 29B 29C 29CA 29D Part 3 30 31 32 34 Part 4 34A 35 Part 5 Division 1 36 Adjournment of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conduct of corporation’s affairs . . . . . . . . . . . . . . . . . . . . . . . . . . Custody of seal—authentication of documents . . . . . . . . . . . . . . Disclosure of interests by corporation members . . . . . . . . . . . . . Tourism Queensland Employing Office Establishment and functions of employing office Establishment of employing office . . . . . . . . . . . . . . . . . . . . . . . . Employing office represents the State . . . . . . . . . . . . . . . . . . . . . Functions of employing office . . . . . . . . . . . . . . . . . . . . . . . . . . . . Executive officer Appointment of executive officer. . . . . . . . . . . . . . . . . . . . . . . . . . Executive officer acting for employing office. . . . . . . . . . . . . . . . . Staff of employing office Employing office may employ staff . . . . . . . . . . . . . . . . . . . . . . . . Employing office may enter into work performance arrangements .................................. Other provisions Employing office is statutory body . . . . . . . . . . . . . . . . . . . . . . . . Queensland Holidays and Travel Constitution of subsidiary corporation . . . . . . . . . . . . . . . . . . . . . Functions of subsidiary corporation . . . . . . . . . . . . . . . . . . . . . . . Powers of subsidiary corporation . . . . . . . . . . . . . . . . . . . . . . . . . Subsidiary corporation is statutory body . . . . . . . . . . . . . . . . . . . Subsidiary corporations subject to direction of corporation . . . . . Financial provisions Funds to be maintained . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Trust fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other prescribed funds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous Validation of certain appointments . . . . . . . . . . . . . . . . . . . . . . . . Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transitional provisions Transitional provisions for Tourism Legislation Amendment Act 1999 Continuation of The Queensland Tourist and Travel Corporation. 16 16 17 18 19 19 19 20 20 21 21 22 23 23 24 24 24 25 25 25 26 26 27 28 Page 2

37 Division 2 38 39 40 41 42 Division 3 43 Tourism Queensland Act 1979 Contents References to The Queensland Tourist and Travel Corporation. . Transitional provisions for Statutory Bodies Legislation Amendment Act 2007 Rights and entitlements of particular employees . . . . . . . . . . . . . Application of industrial instruments. . . . . . . . . . . . . . . . . . . . . . . Amending Act does not affect particular powers of corporation . . Continued application of repealed s 16 . . . . . . . . . . . . . . . . . . . . Continuation in office of general manager . . . . . . . . . . . . . . . . . . Transitional provisions for Consumer Credit (Queensland) and Another Act Amendment Act 2007 Continuation of membership of corporation . . . . . . . . . . . . . . . . . 28 28 30 30 30 31 31 Endnotes 1 2 3 4 5 6 7 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 33 34 34 35 35 37 Page 3

Tourism Queensland Act 1979 Part 1 Preliminary [s 1] Tourism Queensland Act 1979 [as amended by all amendments that commenced on or before 2 November 2009] An Act to provide for the establishment of Tourism Queensland, its functions and powers, for the establishment of the Tourism Queensland Employing Office, and for purposes related to the tourist and travel industry in Queensland Part 1 Preliminary 1 Short title This Act may be cited as the Tourism Queensland Act 1979 . 2 Definitions In this Act— appointed day means 1 August 1979. appointed members see section 7(1)(b). chief executive means the chief executive of the department. corporation means Tourism Queensland. employee of the employing office see section 29AF(2). employing office means the Tourism Queensland Employing Office established under section 29AA. executive officer means the executive officer of the employing office appointed under section 29AD. government entity see the Public Service Act 2008 , section 24. Reprint 4B effective 2 November 2009 Page 5

Tourism Queensland Act 1979 Part 2 Tourism Queensland [s 6] industrial instrument see the Industrial Relations Act 1999 , schedule 5. minute book see section 26(2). subsidiary corporation see section 29A(1). Editor’s note — Queensland Holidays and Travel is the subsidiary corporation continued in existence under section 29A. work performance arrangement means an arrangement under which an employee of a government entity performs work for another government entity. Part 2 Tourism Queensland Division 1 Establishment and membership of corporation 6 Establishment of Tourism Queensland (1) Tourism Queensland is established. (2) Tourism Queensland— (a) is a body corporate; and (b) has a common seal; and (c) may sue and be sued in its corporate name. 6A Corporation’s common seal Judicial notice must be taken of the imprint of the corporation’s common seal on a document, and the document must be presumed to have been properly sealed until the contrary is proved. Page 6 Reprint 4B effective 2 November 2009

Tourism Queensland Act 1979 Part 2 Tourism Queensland [s 7] 7 Membership of corporation (1) The corporation consists of the following members— (a) the chief executive; (b) not more than 9 persons (the appointed members ) appointed by the Governor in Council. (2) In deciding whether to appoint a person, the Governor in Council must have regard to the person’s business expertise, financial management expertise and knowledge of the tourist and travel industry. 7A Chairperson and deputy chairperson of the corporation (1) The Governor in Council must appoint 1 member of the corporation to be the chairperson, and another member to be the deputy chairperson, of the corporation. (2) A person may be appointed as the chairperson, or deputy chairperson, at the same time the person is appointed as an appointed member. (3) The chairperson or deputy chairperson holds office for the term decided by the Governor in Council. (4) However, a vacancy occurs in the office of chairperson or deputy chairperson if the person holding the office resigns the office by signed notice of resignation given to the Minister or stops being a member of the corporation. (5) A person resigning the office of chairperson or deputy chairperson may continue to be a member of the corporation. (6) The deputy chairperson is to act as chairperson— (a) during a vacancy in the office of chairperson; or (b) during a period when the chairperson is absent from duty or, for another reason, can not perform the functions of the office. Reprint 4B effective 2 November 2009 Page 7

Tourism Queensland Act 1979 Part 2 Tourism Queensland [s 8] 8 Term of appointment of appointed members (1) An appointed member is to be appointed for a term of not more than 3 years. (2) If otherwise qualified, an appointed member is eligible for reappointment. 10 Vacating appointed member’s office (1) An appointed member may, by writing addressed to the Minister, resign the member’s office at any time. (2) The Governor in Council may at any time remove from office an appointed member. (3) An appointed member is deemed to have vacated the member’s office— (a) in the event of the member’s resignation—upon the receipt by the Minister of the member’s notice of resignation; (b) in the event of the member’s removal—upon the issue by the Minister of notice of the member’s removal; (c) in the event of the member’s absence without the corporation’s leave first obtained from 3 consecutive ordinary meetings of the corporation of which notice has been duly given to the member; (d) in the event of the member’s failure to comply with the member’s obligations under section 29. (4) For the purposes of subsection (3)(c)— (a) the non-attendance of an appointed member at the time and place appointed for an ordinary meeting shall not constitute absence from such meeting unless a meeting of the corporation at which a quorum is present is actually held on that day; (b) the attendance of an appointed member at the time and place appointed for an ordinary meeting shall be deemed to constitute presence at an ordinary meeting Page 8 Reprint 4B effective 2 November 2009

Tourism Queensland Act 1979 Part 2 Tourism Queensland [s 12] notwithstanding that by reason of the lack of a quorum a meeting is not actually held on that day; (c) the names of the appointed members who attend at the time and place appointed for an ordinary meeting shall be entered in the minute book. 12 Fees and allowances of members (1) Such fees and allowances as the Governor in Council approves from time to time shall be paid to every appointed member. (2) Each member of the corporation shall be paid such expenses as are necessarily incurred by the member in the discharge of duties as a member and as the corporation approves. Division 2 Functions, powers and duties of corporation 13 Functions of corporation (1) The functions of the corporation are— (a) to facilitate the following— (i) the promotion and marketing, domestically and internationally, of tourism and travel; (ii) the development of the tourist and travel industry; (iii) the making of tourism and travel arrangements; (iv) the provision of tourism and travel information services; and (b) to prepare a State tourist and industry strategic marketing plan; and (c) to advise the Minister on matters relating to paragraphs (a) and (b). (2) In carrying out its functions under this Act the primary responsibility of the corporation is to facilitate the promotion, Reprint 4B effective 2 November 2009 Page 9

Tourism Queensland Act 1979 Part 2 Tourism Queensland [s 14] marketing and development of tourism and travel to and within Queensland. (3) The Minister may issue written directions to the corporation on matters of policy and the exercise of its powers and functions and the corporation shall observe and carry out the directions so given. (4) In the preparation of its State tourist and industry strategic marketing plan the corporation is to extensively consult with the tourist industry, the general community and appropriate departments. (5) A reference in this section to facilitating a thing includes doing the thing. 14 Powers of corporation (1) The corporation has all the powers, and the legal capacity, of an individual. (2) Without limiting subsection (1), the corporation may— (a) acquire, hold, let, lease and alienate (by exchange, sale or otherwise) real and personal property for the purposes of the conduct of the corporation’s operations under this Act whether the property is situated in Queensland or elsewhere; and (b) act as an agent for any person or body, whether corporate or unincorporate, engaged in the provision of travel or tourist facilities; and (c) provide or assist in the provision of tourist and travel information services by itself, by any person or body whether corporate or unincorporate or in conjunction with that person or body or the Government of any other place; and (d) demand and receive fees, retainers, or commissions for acting as an agent or for the sale of travel, accommodation or associated services; and Page 10 Reprint 4B effective 2 November 2009

Tourism Queensland Act 1979 Part 2 Tourism Queensland [s 14] (e) promote the development of tourism within Queensland and encourage the upgrading of existing tourist and travel facilities; and (f) undertake research into the requirements of the tourist and travel industry and the means of promoting tourist projects and make available, with or without any charge or fee the corporation may specify, the results of such research to interested parties; and (g) recommend to the Minister the granting of financial and other assistance to promoters of tourist and travel or tourist or travel projects for the development of such projects; and (h) encourage improvements in standards by such means as it considers appropriate including the establishing of awards for special competence and innovation; and (i) establish staff training facilities and provide training courses and scholarships, and arrange contracts between trained personnel seeking employment and prospective employers within the industry; and (j) liaise with Australian and overseas travel operators and other representative tourist industry bodies; and (k) liaise with regulatory authorities affecting operations of tourist and travel enterprises; and (l) hold seminars, workshops and conferences for and on behalf of the Queensland tourist industry; and (m) publish papers, magazines and periodicals in respect of the tourist and travel industry; and (n) compound or prove in a court all amounts of money payable to it; and (o) exercise other powers given to it under this or another Act. (3) Also, the corporation may enter into an arrangement with a person for the person to do a thing mentioned in section 13(1)(a)(i) to (iv). Reprint 4B effective 2 November 2009 Page 11

Tourism Queensland Act 1979 Part 2 Tourism Queensland [s 15] (4) The power conferred by the Land Act 1994 on the Governor in Council to grant in fee simple, or lease for a term of years or in perpetuity any unallocated State land within Queensland includes power to make such a grant or lease to the corporation for any purpose under this Act and to make such a grant or lease in priority to and to the exclusion of all other persons notwithstanding the provisions of the Land Act 1994 . (5) In this section— arrangement includes— (a) a licence agreement for the use of property of the corporation by a person; or (b) a contract for the transfer of an asset or liability of the corporation to a person. 15 Corporation is statutory body (1) Under the Statutory Bodies Financial Arrangements Act 1982 , the corporation is a statutory body. (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 . 16 Corporation may enter into work performance arrangements (1) The corporation may enter into, and give effect to, a work performance arrangement with— (a) the employing office; 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— Page 12 Reprint 4B effective 2 November 2009

Tourism Queensland Act 1979 Part 2 Tourism Queensland [s 19] (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 corporation under a work performance arrangement entered into under subsection (1)— (a) is not employed by the corporation; and (b) remains an employee of the employing office, or an employee of the other government entity whose appropriate authority is a party to the arrangement. (5) To remove any doubt, it is declared that the corporation does not have power to employ a person performing work for the corporation under a work performance arrangement entered into under subsection (1). 19 Delegation (1) The corporation may delegate its powers to— (a) a member of the corporation; or (b) the general manager of the corporation; or (c) an appropriately qualified employee of the employing office or of another government entity who performs work for the corporation under a work performance arrangement; or (d) an appropriately qualified employee of the corporation. (2) In this section— appropriately qualified includes having the qualifications, experience or standing appropriate to exercise the power. Example of standing — a person’s seniority level in an entity Reprint 4B effective 2 November 2009 Page 13

Tourism Queensland Act 1979 Part 2 Tourism Queensland [s 20] 20 Consultants and researchers (1) The corporation may engage such consultants and legal and technical advisers as the corporation considers necessary from time to time for enabling the corporation to carry out its duties under this Act. (2) The corporation may from time to time enter into arrangements with any body or person with respect to any investigation, study or research that, in the opinion of the corporation, is necessary or desirable for the purposes of this Act. Division 2A General manager 20A Appointment of general manager (1) There is to be a general manager of the corporation. (2) The general manager is to be appointed by the Governor in Council. (3) The general manager is appointed under this Act and not under the Public Service Act 2008 . Division 3 Proceedings and business of corporation 20B Representative of the chief executive (1) The chief executive may appoint an officer of the department to be a representative of the chief executive at meetings of the corporation. (2) If the chief executive is absent from a meeting of the corporation, the representative may attend the meeting in place of the chief executive and is taken to be a member of the corporation for the meeting. Page 14 Reprint 4B effective 2 November 2009

Tourism Queensland Act 1979 Part 2 Tourism Queensland [s 21] (3) Also, if the chief executive is chairperson, or deputy chairperson, of the corporation, the representative attending a meeting in place of the chief executive is taken to be the chairperson, or deputy chairperson, for the meeting. 21 Meetings of corporation The corporation shall, by its resolution, appoint the times and places at which its meetings will be held and shall hold its meetings as so resolved from time to time. 22 Presiding at meetings (1) The chairperson of the corporation shall preside at every meeting of the corporation at which the chairperson is present and, in the chairperson’s absence, the deputy chairperson of the corporation shall so preside, if the deputy chairperson is present. (2) If both the chairperson and deputy chairperson are absent from any meeting the members of the corporation who are present, if they constitute a quorum, may appoint 1 of their number to act as chairperson of the meeting and such appointee may preside at the meeting and exercise the powers and functions of the chairperson. 23 Quorum at meetings The quorum of the corporation shall consist of a majority of the number of members of the corporation for the time being holding office. 24 Notice of meetings (1) Notice of every meeting or adjourned meeting, other than a meeting adjourned to a later hour of the same day on which such meeting was appointed to be held, shall be in writing and shall be given to each member of the corporation at least 7 days prior to the date appointed for such meeting. Reprint 4B effective 2 November 2009 Page 15

Tourism Queensland Act 1979 Part 2 Tourism Queensland [s 25] (2) However, in circumstances which in the opinion of the chairperson of the corporation or of 2 other members of the corporation constitute an emergency the chairperson or, as the case may be, such 2 members may upon notice to all the members call a meeting of the corporation and the same may be validly held notwithstanding that the notice given is for less than the time prescribed by subsection (1) for a notice of meeting. (3) A notice of a meeting or an adjourned meeting may be given to a member of the corporation by prepaid post letter addressed to his or her place of business or place of residence last known to the chairperson. 25 Adjournment of meetings (1) The members present at a meeting of the corporation may adjourn the meeting from time to time. (2) If a quorum is not present at a meeting within 15 minutes after the time appointed for the meeting to commence the member or members present or the majority of them if more than 2 are present may adjourn such meeting to any time not later than 14 days from the date of such adjournment. (3) No provision of subsection (2) shall be construed to prevent the adjournment of a meeting to a later hour of the same day on which such meeting was appointed to be held. 26 Conduct of corporation’s affairs (1) The corporation shall exercise or perform a power, authority, function, duty or obligation by majority vote of its members present and voting at the meeting at which such exercise of performance is to occur. (1A) The person who is duly presiding at a meeting, if the person is entitled to vote, shall have a deliberative vote and, in the event of an equality of votes, a casting vote. Page 16 Reprint 4B effective 2 November 2009

Tourism Queensland Act 1979 Part 2 Tourism Queensland [s 27] (2) The corporation shall cause to be recorded in a book provided for the purpose (the minute book ), kept under the superintendence of the chairperson of the corporation— (a) particulars of all proceedings of the corporation; (b) the names of the members of the corporation present at each meeting of the corporation; (c) the names of all members voting on any question before the corporation on which a division is called. (2A) Every entry in the minute book shall be signed at the meeting of the corporation next following the meeting at which the proceedings to which the entry relates were taken, by the chairperson of the corporation or other person who duly presides at such next following meeting. (3) Every entry in the minute book purporting to be signed as prescribed and every writing purporting to be a copy of or extract from such an entry (purporting to be signed by the chairperson of the corporation and sealed with the seal of the corporation) shall upon its production in any proceeding be evidence, and in the absence of evidence to the contrary conclusive evidence, of the matters contained therein without further proof of the regularity of the meeting to which the entry relates or of any other matter referred to therein. 27 Custody of seal—authentication of documents (1) The common seal of the corporation shall be in the custody of a person appointed by the corporation. (2) The common seal shall not be affixed to a document except under the authority of a resolution of the corporation and shall be affixed by the person who has custody of the seal in accordance with this Act. (3) Except where it is by this Act otherwise prescribed, a document made or issued by the corporation for the purposes of this Act shall be sufficiently authenticated if it is made or, as the case may be, signed by the chairperson or other person authorised by the corporation in that behalf. Reprint 4B effective 2 November 2009 Page 17

Tourism Queensland Act 1979 Part 2 Tourism Queensland [s 29] 29 Disclosure of interests by corporation members (1) This section applies to a member of the corporation (the interested member ) if— (a) the interested member has a direct or indirect financial interest in an issue being considered, or about to be considered, by the corporation; and (b) the interest could conflict with the proper performance of the member’s duties about the consideration of the issue. (2) As soon as practicable after the relevant facts come to the interested member’s knowledge, the member must disclose the nature of the interest to a corporation meeting. (3) Unless the corporation otherwise directs, the interested member must not— (a) be present when the corporation considers the issue; or (b) take part in a decision of the corporation about the issue. (4) The interested member must not be present when the corporation is considering whether to give a direction under subsection (3). (5) If there is another member of the corporation who must, under subsection (2), also disclose an interest in the issue, the other member must not— (a) be present when the corporation is considering whether to give a direction under subsection (3) about the interested member; or (b) take part in making the decision about giving the direction. (6) If— (a) because of this section, a member of the corporation is not present at a corporation meeting for considering or deciding an issue, or for considering or deciding whether to give a direction under subsection (3); and (b) there would be a quorum if the member were present; Page 18 Reprint 4B effective 2 November 2009

Tourism Queensland Act 1979 Part 2AA Tourism Queensland Employing Office [s 29AA] the remaining members of the corporation present are a quorum of the corporation for considering or deciding the issue, or for considering or deciding whether to give the direction, at the meeting. (7) A disclosure under subsection (2) must be recorded in the minute book. Part 2AA Tourism Queensland Employing Office Division 1 Establishment and functions of employing office 29AA Establishment of employing office (1) The Tourism Queensland Employing Office is established. (2) The employing office consists of— (a) the executive officer; and (b) the employees of the employing office. (3) The employing office is a separate entity from the corporation. 29AB Employing office represents the State (1) The employing office represents the State. (2) Without limiting subsection (1), the employing office has the status, privileges and immunities of the State. 29AC Functions of employing office (1) The main functions of the employing office are— Reprint 4B effective 2 November 2009 Page 19

Tourism Queensland Act 1979 Part 2AA Tourism Queensland Employing Office [s 29AD] (a) entering into, for the State, a work performance arrangement with the corporation under which employees of the employing office perform work for the corporation; and (b) employing, for the State, staff to perform work for the corporation under the work performance arrangement; and (c) doing anything incidental to the discharge of the functions mentioned in paragraphs (a) and (b). (2) Also, the employing office has any other function conferred on the employing office under this or another Act. (3) This section does not limit the employing office’s power to enter into and give effect to a work performance arrangement under section 29AG with a government entity other than the corporation. Division 2 Executive officer 29AD Appointment of executive officer (1) There is to be an executive officer of the employing office. (2) The executive officer is to be appointed by the Governor in Council. (3) The executive officer is appointed under this Act and not under the Public Service Act 2008 . 29AE Executive officer acting for employing office (1) The employing office acts through the executive officer. (2) Anything done by the executive officer in the name of, or for, the employing office is taken to have been done by the employing office. Page 20 Reprint 4B effective 2 November 2009

Division 3 Tourism Queensland Act 1979 Part 2AA Tourism Queensland Employing Office [s 29AF] Staff of employing office 29AF Employing office may employ staff (1) The employing office may, for the State, employ staff. (2) A person employed under subsection (1) is an employee of the employing office . (3) The employing office may decide the terms of employment of the employees of the employing office. (4) Subsection (3) applies subject to any relevant industrial instrument. (5) Employees of the employing office are employed under this Act and not under the Public Service Act 2008 . 29AG Employing office may enter into work performance arrangements (1) The employing office may, for the State, enter into and give effect to a work performance arrangement with— (a) the corporation; 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. Reprint 4B effective 2 November 2009 Page 21

Tourism Queensland Act 1979 Part 2AA Tourism Queensland Employing Office [s 29AH] (4) A person performing work for the corporation or other government entity under a work performance arrangement entered into under subsection (1)— (a) is not employed by the corporation or other government entity; and (b) remains an employee of the employing office. (5) To remove any doubt, it is declared that the corporation or another government entity does not have power to employ a person performing work for the corporation or other government entity under a work performance arrangement entered into under subsection (1). Division 4 Other provisions 29AH Employing office is statutory body (1) The employing office is a statutory body under— (a) the Financial Accountability Act 2009 ; and (b) the Statutory Bodies Financial Arrangements Act 1982 . (2) For applying the Financial Accountability Act 2009 to the employing office as a statutory body— (a) the executive officer is taken to be the chairperson of the employing office; and (b) the Financial Accountability Act 2009 is taken to require the executive officer to consider the annual financial statements and the auditor-general’s report as soon as practicable after they are received by the employing office; and (c) the Financial Accountability Act 2009 is taken to require the executive officer to consider any observations, suggestions or comments given to the executive officer under the Auditor-General Act 2009 as soon as practicable after the executive officer receives them. Page 22 Reprint 4B effective 2 November 2009

Part 2A Tourism Queensland Act 1979 Part 2A Queensland Holidays and Travel [s 29A] Queensland Holidays and Travel 29A Constitution of subsidiary corporation (1) The entity called Queensland Holidays and Travel (the subsidiary corporation ) continues in existence. (2) The subsidiary corporation— (a) is a body corporate; and (b) is to have a seal; and (c) may acquire, hold and dispose of real and personal property whether situated in or outside Queensland; and (d) may sue and be sued in its corporate name. (3) All courts and persons acting judicially are to take judicial notice of the seal of the subsidiary corporation and, until the contrary is proved, are to presume that the seal was duly affixed to a document on which it appears. 29B Functions of subsidiary corporation (1) The primary functions of the subsidiary corporation are— (a) to make tourism and travel arrangements; and (b) to act as an agent for any person or body (whether incorporated or unincorporated) engaged in the provision of tourism and travel facilities; and (c) to demand and receive fees, retainers and commissions for acting as an agent or for the sale of travel, accommodation or associated services; and (d) to act as a tour wholesaler of tourism, travel and associated products. (2) In addition to the primary functions specified in subsection (1), the subsidiary corporation has such functions of the corporation as the corporation may from time to time delegate to it. Reprint 4B effective 2 November 2009 Page 23

Tourism Queensland Act 1979 Part 2A Queensland Holidays and Travel [s 29C] 29C Powers of subsidiary corporation The subsidiary corporation has the power to— (a) do and suffer all other acts and things a company, within the meaning of the Corporations Act, may lawfully do and suffer; (b) do all things necessary or convenient to be done for or in connection with, the performance of its functions. 29CA Subsidiary corporation is statutory body (1) Under the Statutory Bodies Financial Arrangements Act 1982 , the subsidiary corporation is a statutory body. (2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which the subsidiary corporation’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 , including, for example, section 29A(2)(c) of this Act. 29D Subsidiary corporations subject to direction of corporation (1) The members of the corporation are the members of the subsidiary corporation. (2) In the exercise and performance of its powers, functions and duties, the subsidiary corporation is subject to the control and direction of the corporation. (3) Part 2, division 3 applies, with all necessary changes, in relation to the subsidiary corporation. Page 24 Reprint 4B effective 2 November 2009

Part 3 Tourism Queensland Act 1979 Part 3 Financial provisions [s 30] Financial provisions 30 Funds to be maintained The corporation shall establish and at all times maintain in accordance with this Act the following funds— (a) a general fund; (b) a trust fund. 31 General fund (1) The corporation shall credit to the general fund— (a) all moneys appropriated from time to time by Parliament for the purposes of the corporation; (b) all moneys received by the corporation by way of commissions; (c) all moneys arising from any source when such moneys are not required by this Act to be paid into any other fund. (2) Moneys from time to time forming the general fund shall be applied to— (a) expenditure incurred in the exercise, performance and discharge of its powers, authorities, functions and duties save where this Act expressly provides that such expenditure should be charged to any other fund kept by the corporation; (d) crediting in accordance with the regulations of moneys to a prescribed fund kept pursuant to section 34. 32 Trust fund (1) The corporation must credit to the trust fund all moneys paid by way of deposit or in trust for any person (including tourist and travel operators). Reprint 4B effective 2 November 2009 Page 25

Tourism Queensland Act 1979 Part 4 Miscellaneous [s 34] (2) Moneys from time to time held by the corporation by way of deposit shall be applied according to the terms on which the deposit is held. (2A) Moneys from time to time held by the corporation in trust for any person shall be applied to the payment to or on the account of that person. (2B) Moneys from time to time held by the corporation being moneys received and payable to tourist and travel operators shall be applied accordingly. (3) In this section, a reference to moneys paid by way of deposit is a reference to moneys paid as a pledge and not to a deposit of moneys as a loan, subsidy or grant. 34 Other prescribed funds (1) A regulation may prescribe 1 or more other funds to be established and kept by the corporation and the purposes for which such funds are to be applied. (2) The corporation shall establish and maintain all such funds as are so prescribed and shall cause the moneys for the time being forming such a fund to be applied to the purpose prescribed in respect of that fund. Part 4 Miscellaneous 34A Validation of certain appointments (1) Subsection (2) applies if before the commencement of this section a person was purportedly appointed as a member for a term and, as a consequence of the term, the person served, or would serve, more than 6 consecutive years as a member. (2) The person is declared to always have been validly appointed as a member for the duration of the term, even though, as a Page 26 Reprint 4B effective 2 November 2009

Tourism Queensland Act 1979 Part 4 Miscellaneous [s 35] consequence of the term, the person served, or would serve, more than 6 consecutive years as a member. (3) Subsection (4) applies if before the commencement of this section a person was purportedly appointed as chairperson for a term and— (a) at the time of the appointment the person was a member; and (b) the person’s term as a member ended during the person’s term as chairperson. (4) The person is declared to always have been— (a) validly appointed as chairperson for the duration of the person’s term as chairperson, even though the person’s term as a member ended during the person’s term as chairperson; and (b) a member for the duration of the person’s term as chairperson, even though the person’s term as a member ended during the person’s term as chairperson. (5) Anything done or omitted to be done by a person mentioned in subsection (2) or (4) that would have been valid and lawful under this Act had the person been validly appointed or lawfully holding office is declared to always to have been valid and lawful. (6) In this section— chairperson means chairperson of the corporation. member means member of the corporation. term means the designated period for which the person was appointed to hold office. 35 Regulation-making power The Governor in Council may make regulations under this Act. Reprint 4B effective 2 November 2009 Page 27

Tourism Queensland Act 1979 Part 5 Transitional provisions [s 36] Part 5 Transitional provisions Division 1 Transitional provisions for Tourism Legislation Amendment Act 1999 36 Continuation of The Queensland Tourist and Travel Corporation Tourism Queensland, mentioned as being established under section 6, is a continuation of the body corporate called The Queensland Tourist and Travel Corporation previously constituted by section 6(1) as in force before the commencement of this section. 37 References to The Queensland Tourist and Travel Corporation In an Act or document, a reference to The Queensland Tourist and Travel Corporation may, if the context permits, be taken to be a reference to the corporation. Division 2 Transitional provisions for Statutory Bodies Legislation Amendment Act 2007 38 Rights and entitlements of particular employees (1) This section applies to a person who— (a) becomes an employee of the employing office; and (b) was an employee of the corporation— (i) immediately before the commencement of this section; and (ii) immediately before becoming an employee of the employing office. Page 28 Reprint 4B effective 2 November 2009

Tourism Queensland Act 1979 Part 5 Transitional provisions [s 38] (2) On becoming an employee of the employing office, the person is taken to be employed under section 29AF on the conditions on which the person would have been employed by the corporation, immediately before the person became an employee of the employing office, if the corporation had never become an employer under the Workplace Relations Act 1996 (Cwlth). (3) Also— (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 corporation; and (ii) would have accrued to the person if the corporation 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. (4) Without limiting subsection (3), 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 by the employing office is a continuation of employment of the person by the corporation. (5) If the person was a seconded employee immediately before becoming an employee of the employing office, the arrangement under which the person was performing work for a government entity other than the corporation may continue until the arrangement ends, and, if the arrangement does continue— (a) subsection (2) does not apply to the person; and Reprint 4B effective 2 November 2009 Page 29

Tourism Queensland Act 1979 Part 5 Transitional provisions [s 39] (b) on the ending of the arrangement, the person is taken to be employed under section 29AF on the conditions on which the person would have been employed by the corporation, on the ending of the arrangement, if— (i) the person had continued to be an employee of the corporation; and (ii) the corporation had never become an employer under the Workplace Relations Act 1996 (Cwlth). (6) Subsections (2) and (5)(b) do not limit section 29AF(3) and (4). (7) In this section— employee of the corporation includes a seconded employee. seconded employee means an employee of the corporation performing work for another government entity under an arrangement entered into, before the commencement of this section, by the corporation with the appropriate authority of the other government entity. 39 Application of industrial instruments The employing office is taken to be bound by the industrial instruments that bound the corporation immediately before it became an employer under the Workplace Relations Act 1996 (Cwlth). 40 Amending Act does not affect particular powers of corporation Nothing in the Statutory Bodies Legislation Amendment Act 2007 , part 10, affects the powers of the corporation under section 14. 41 Continued application of repealed s 16 (1) Section 16, as in force immediately before the commencement of this section, continues to apply in relation to persons employed by the corporation under that section, Page 30 Reprint 4B effective 2 November 2009

Tourism Queensland Act 1979 Part 5 Transitional provisions [s 42] other than the general manager of the corporation, immediately before the commencement while that employment continues. (2) This section does not limit section 40. 42 Continuation in office of general manager (1) This section applies if a person was employed by the corporation, immediately before the commencement of this section, as the general manager of the corporation under repealed section 16. (2) The person continues to hold office as the general manager of the corporation until— (a) someone is appointed as the general manager by the Governor in Council under section 20A(2); or (b) if the person’s employment by the corporation as the general manager otherwise ends before the appointment mentioned in paragraph (a)—the person’s employment otherwise ends. (3) While the person continues to hold office under subsection (2)— (a) section 20A(2) and (3) does not apply; and (b) section 16, as in force immediately before the commencement of this section, continues to apply in relation to the person. Division 3 Transitional provisions for Consumer Credit (Queensland) and Another Act Amendment Act 2007 43 Continuation of membership of corporation Subject to this Act, each member of the corporation holding office immediately before the commencement of this section continues as an appointed member of the corporation for the Reprint 4B effective 2 November 2009 Page 31

Tourism Queensland Act 1979 Part 5 Transitional provisions [s 43] remainder of the member’s designated term of appointment, including a term of appointment mentioned in section 34A. Page 32 Reprint 4B effective 2 November 2009

Endnotes Tourism Queensland Act 1979 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37 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 2 November 2009. Future amendments of the Tourism Queensland Act 1979 may be made in accordance with this reprint under the Reprints Act 1992, section 49. Reprint 4B effective 2 November 2009 Page 33

Tourism Queensland Act 1979 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 2 2A 2B 2C 2D 3 Amendments to 1993 Act No. 49 1995 Act No. 58 1996 Act No. 66 1996 Act No. 66 1997 Act No. 81 1999 Act No. 41 2001 Act No. 45 2001 Act No. 45 2001 Act No. 45 Effective 30 September 1993 28 November 1995 21 February 1997 1 June 1997 5 December 1997 2 September 1999 15 July 2001 18 November 2001 18 November 2001 Reprint date 13 July 1994 23 September 1996 19 February 1997 7 November 1997 22 December 1997 7 October 1999 6 August 2001 29 November 2001 5 April 2002 Reprint No. 3A 3B Amendments included 2002 Act No. 74 2003 Act No. 19 Effective 1 April 2003 9 May 2003 Notes Page 34 Reprint 4B effective 2 November 2009

Reprint No. 3C 3D 4 4A 4B Amendments to 2005 Act No. 24 2007 Act No. 18 2007 Act No. 20 2007 Act No. 36 2009 Act No. 9 2009 Act No. 25 Tourism Queensland Act 1979 Endnotes Effective 31 May 2005 23 April 2007 29 August 2007 1 July 2009 2 November 2009 Reprint date 5 Tables in earlier reprints Name of table Changed names and titles Corrected minor errors Obsolete and redundant provisions Renumbered provisions Reprint No. 1 1 1 1 6 List of legislation Tourism Queensland Act 1979 No. 13 (prev Queensland Tourist and Travel Corporation Act 1979) date of assent 15 May 1979 commenced on date of assent amending legislation— Queensland Tourist and Travel Corporation Act Amendment Act 1981 No. 17 date of assent 14 April 1981 commenced on date of assent Queensland Tourist and Travel Corporation Act Amendment Act 1984 No. 88 date of assent 2 November 1984 commenced on date of assent Public Service Management and Employment Act 1988 No. 52 s 44 sch 3 date of assent 12 May 1988 commenced 18 July 1988 (proc pubd gaz 16 July 1988 p 2876) Statute Law (Miscellaneous Provisions) Act 1989 No. 103 s 3 sch date of assent 25 October 1989 commenced on date of assent Queensland Tourist and Travel Corporation Act Amendment Act 1991 No. 18 date of assent 1 May 1991 commenced on date of assent Queensland Tourist and Travel Corporation Amendment Act 1993 No. 49 date of assent 30 September 1993 Reprint 4B effective 2 November 2009 Page 35

Tourism Queensland Act 1979 Endnotes commenced on date of assent Statute Law Revision Act (No. 2) 1995 No. 58 ss 1–2, 4 sch 1 date of assent 28 November 1995 commenced on date of assent 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) Queensland Tourist and Travel Corporation Amendment Act 1996 No. 66 pts 1–2, s 3 sch date of assent 9 December 1996 ss 1–2 commenced on date of assent remaining provisions commenced 21 February 1997 (1997 SL No. 31) Statute Law (Miscellaneous Provisions) Act 1997 No. 81 ss 1–3, sch date of assent 5 December 1997 commenced on date of assent Industrial Relations Act 1999 No. 33 ss 1, 2(2), 747 sch 3 date of assent 18 June 1999 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 1999 (1999 SL No. 159) Tourism Legislation Amendment Act 1999 No. 41 pts 1, 3 date of assent 2 September 1999 commenced on date of assent Superannuation and Other Legislation Amendment Act 2000 No. 52 ss 1, 2(5), 48 sch date of assent 17 November 2000 ss 1–2 commenced on date of assent remaining provisions commenced 18 November 2001 (automatic commencement under AIA s 15DA(2)) Corporations (Ancillary Provisions) Act 2001 No. 45 ss 1–2, 29 sch 3 date of assent 28 June 2001 ss 1–2 commenced on date of assent sch 3 commenced 15 July 2001 (see s 2(2) of Act 2001 No. 45 (Qld) and Corporations Act 2001 No. 50 (Cwlth) and proc pubd Cwlth of Australia gaz 13 July 2001, No. S285) remaining provision commenced immediately before 15 July 2001 (see s 2(1) of Act 2001 No. 45 (Qld) and Corporations Act 2001 No. 50 (Cwlth) and proc pubd Cwlth of Australia gaz 13 July 2001, No. S285) Discrimination Law Amendment Act 2002 No. 74 ss 1–2, 90 sch date of assent 13 December 2002 ss 1–2 commenced on date of assent s 90 commenced 31 March 2003 (2003 SL No. 51) remaining provisions commenced 1 April 2003 (2003 SL No. 51) Page 36 Reprint 4B effective 2 November 2009

Tourism Queensland Act 1979 Endnotes Statute Law (Miscellaneous Provisions) Act 2003 No. 19 ss 1, 3 sch date of assent 9 May 2003 commenced on date of assent Tourism, Fair Trading and Wine Industry Development Legislation Amendment Act 2005 No. 24 s 1, pt 7 date of assent 31 May 2005 commenced on date of assent Consumer Credit (Queensland) and Another Act Amendment Act 2007 No. 18 s 1, pt 3 date of assent 23 April 2007 commenced on date of assent Statutory Bodies Legislation Amendment Act 2007 No. 20 pts 1, 10 date of assent 23 April 2007 commenced on date of assent Statute Law (Miscellaneous Provisions) Act 2007 No. 36 date of assent 29 August 2007 commenced on date of assent 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) Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector Ethics) Amendment Act 2009 No. 25 pt 1, s 83 sch date of assent 11 August 2009 ss 1–2 commenced on date of assent remaining provisions commenced 2 November 2009 (2009 SL No. 241) 7 List of annotations Title amd 1999 No. 41 s 7; 2007 No. 20 s 97 Short title s 1 sub 1999 No. 41 s 8 Definitions s 2 prev s 2 amd 1984 No. 88 s 2; 1991 No. 18 s 3 om R1 (see RA s 36) pres s 2 ins 1993 No. 49 s 3 def “appointed members” ins 2007 No. 18 s 6(2) def “chief executive” ins 2007 No. 18 s 6(2) def “corporation” sub 1999 No. 41 s 9(1)–(2) def “employee of the employing office” ins 2007 No. 20 s 98 def “employing office” ins 2007 No. 20 s 98 def “executive officer” ins 2007 No. 20 s 98 Reprint 4B effective 2 November 2009 Page 37

Tourism Queensland Act 1979 Endnotes def “government entity” ins 2007 No. 20 s 98 amd 2009 No. 25 s 83 sch def “industrial instrument” ins 2007 No. 20 s 98 def “minute book” ins 1999 No. 41 s 9(2) def “observer” ins 1996 No. 66 s 3 sch om 2007 No. 18 s 6(1) def “subsidiary corporation” ins 1996 No. 66 s 3 sch amd 1999 No. 41 s 9(3) def “work performance arrangement” ins 2007 No. 20 s 98 Savings—transitional s 3 om 1993 No. 49 s 4 Interpretation s 4 om 1993 No. 49 s 4 def “department” ins 1988 No. 52 s 44 sch 3 def “Minister” sub 1991 No. 18 s 4 def “Treasurer” ins 1984 No. 88 s 3 Appointed day s 5 om 1993 No. 49 s 4 PART 2—TOURISM QUEENSLAND pt hdg sub 1999 No. 41 s 10 Division 1—Establishment and membership of corporation div hdg sub 1999 No. 41 s 11 Establishment of Tourism Queensland s 6 amd 1984 No. 88 s 4 sub 1999 No. 41 s 12 Corporation’s common seal s 6A ins 1999 No. 41 s 12 Membership of corporation s 7 amd 1984 No. 88 s 5; 1988 No. 52 s 44 sch 3 sub 1991 No. 18 s 5; 1993 No. 49 s 5; 1996 No. 66 s 4 amd 1999 No. 41 s 13; 2007 No. 18 s 7 Chairperson and deputy chairperson of the corporation s 7A ins 2007 No. 18 s 8 Term of appointment of appointed members prov hdg amd 2007 No. 18 s 9(1) s 8 amd 1991 No. 18 s 20 sch sub 1993 No. 49 s 5 amd 1996 No. 66 s 5; 2007 No. 18 s 9(2)–(3) Observer at corporation’s meetings s 9 amd 1984 No. 88 s 6; 1991 No. 18 s 6 sub 1993 No. 49 s 5; 1996 No. 66 s 6 om 2007 No. 18 s 10 Page 38 Reprint 4B effective 2 November 2009

Tourism Queensland Act 1979 Endnotes Vacating appointed member’s office prov hdg amd 2007 No. 18 s 11(1) s 10 amd 1991 No. 18 s 7; 1999 No. 41 s 14; 2007 No. 18 s 11(2)–(6) Casual vacancy in member’s office s 11 amd 1991 No. 18 s 8 om 1993 No. 49 s 6 Fees and allowances of members s 12 amd 1991 No. 18 s 9; 2007 No. 18 s 12 Functions of corporation s 13 amd 1984 No. 88 s 7; 1991 No. 18 s 10; 1996 No. 66 s 3 sch; 2005 No. 24 s 43 Powers of corporation prov hdg sub 1999 No. 41 s 15(1) s 14 amd 1984 No. 88 s 8; 1991 No. 18 s 11; 1996 No. 54 s 9 sch; 1996 No. 66 s 3 sch; 1999 No. 41 s 15(2)–(4); 2003 No. 19 s 3 sch; 2005 No. 24 s 44 Corporation is statutory body s 15 prev s 15 om 1993 No. 49 s 7 pres s 15 ins 1996 No. 54 s 9 sch Corporation may enter into work performance arrangements s 16 amd 1981 No. 17 s 2; 1988 No. 52 s 44 sch 3; 1991 No. 18 s 12; 1993 No. 49 s 8; 1999 No. 33 s 747 sch 3; 2000 No. 52 s 48 sch sub 2007 No. 20 s 99 Rights of officers previously employed in public service s 17 amd 1981 No. 17 s 3; 1993 No. 49 s 9; 2002 No. 74 s 90 sch om 2007 No. 20 s 99 Discipline of officers readmitted to public service s 17A ins 1981 No. 17 s 4 amd 1989 No. 103 s 3 sch om 1993 No. 49 s 10 Contributions by Corporation s 18 om 2000 No. 52 s 48 sch Delegation s 19 sub 1993 No. 49 s 11 amd 2007 No. 20 s 100 Division 2A—General manager div hdg ins 2007 No. 20 s s 101 Appointment of general manager s 20A ins 2007 No. 20 s s 101 amd 2009 No. 25 s 83 sch Representative of the chief executive s 20B ins 2007 No. 18 s 13 Reprint 4B effective 2 November 2009 Page 39

Tourism Queensland Act 1979 Endnotes Meetings of corporation s 21 amd 1991 No. 18 s 20 sch; R1 (see RA s 37) Presiding at meetings s 22 amd 1991 No. 18 s 20 sch Notice of meetings s 24 amd 1991 No. 18 ss 13, 20 sch; 1993 No. 49 s 12; 1996 No. 66 s 3 sch; 2007 No. 18 s 14 Conduct of corporation’s affairs s 26 amd 1991 No. 18 ss 14, 20 sch; 1993 No. 49 s 13; 1996 No. 66 s 3 sch; 2007 No. 18 s 15 Custody of seal—authentication of documents s 27 amd 1991 No. 18 s 20 sch; 2007 No. 20 s 102 Validity of proceedings s 28 om 1993 No. 49 s 14 Disclosure of interests by corporation members s 29 amd 1991 No. 18 s 20 sch sub 1999 No. 41 s 16 amd 2001 No. 45 s 29 sch 3 PART 2AA—TOURISM QUEENSLAND EMPLOYING OFFICE pt hdg ins 2007 No. 20 s 103 Division 1—Establishment and functions of employing office div 1 (ss 29AA–29AC) ins 2007 No. 20 s 103 Division 2—Executive officer div hdg ins 2007 No. 20 s 103 Appointment of executive officer s 29AD ins 2007 No. 20 s 103 amd 2009 No. 25 s 83 sch Executive officer acting for employing office s 29AE ins 2007 No. 20 s 103 Division 3—Staff of employing office div hdg ins 2007 No. 20 s 103 Employing office may employ staff s 29AF ins 2007 No. 20 s 103 amd 2009 No. 25 s 83 sch Employing office may enter into work performance arrangements s 29AG ins 2007 No. 20 s 103 Division 4—Other provisions div hdg ins 2007 No. 20 s 103 Page 40 Reprint 4B effective 2 November 2009

Tourism Queensland Act 1979 Endnotes Employing office is statutory body s 29AH ins 2007 No. 20 s 103 amd 2009 No. 9 s 136 sch 1 PART 2A—QUEENSLAND HOLIDAYS AND TRAVEL pt hdg ins 1991 No. 18 s 15 sub 1996 No. 66 s 3 sch; 1999 No. 41 s 17 Division 1—Subsidiary corporation div hdg ins 1991 No. 18 s 15 amd 1996 No. 66 s 3 sch om 1999 No. 41 s 18 Constitution of subsidiary corporation prov hdg amd 1996 No. 66 s 3 sch s 29A ins 1991 No. 18 s 15 amd 1993 No. 49 s 15; 1996 No. 66 ss 7, 3 sch Functions of subsidiary corporation prov hdg amd 1996 No. 66 s 3 sch s 29B ins 1991 No. 18 s 15 amd 1996 No. 66 s 3 sch; 2007 No. 36 s 2 sch Powers of subsidiary corporation prov hdg amd 1996 No. 66 s 3 sch s 29C ins 1991 No. 18 s 15 amd 1996 No. 66 s 3 sch; 2001 No. 45 s 29 sch 3 Subsidiary corporation is statutory body s 29CA ins 1996 No. 54 s 9 sch Subsidiary corporations subject to direction of corporation s 29D ins 1991 No. 18 s 15 amd 1996 No. 66 ss 8, 3 sch No duty on rearrangement of assets s 29E ins 1991 No. 18 s 15 om 1993 No. 49 s 16 Division 2—Advisory Council div hdg ins 1991 No. 18 s 16 om 1999 No. 41 s 19 Advisory Council s 29F ins 1991 No. 18 s 16 om 1999 No. 41 s 19 PART 3—FINANCIAL PROVISIONS Division 1—Funds of Corporation div hdg om 1996 No. 66 s 3 sch Funds to be maintained s 30 amd 1991 No. 18 s 17; 1996 No. 66 s 9 Reprint 4B effective 2 November 2009 Page 41

Tourism Queensland Act 1979 Endnotes General fund s 31 amd 1996 No. 66 s 3 sch; 1997 No. 81 s 3 sch Trust fund s 32 amd 1996 No. 66 s 3 sch Loan fund s 33 om 1996 No. 66 s 10 Development Fund s 33A ins 1991 No. 18 s 18 om 1996 No. 66 s 10 Other prescribed funds s 34 amd 1995 No. 58 s 4 sch 1 PART 4—MISCELLANEOUS pt hdg prev pt 4 hdg om 1991 No. 18 s 19 pres pt 4 hdg (prev pt 5 hdg) renum 1999 No. 41 s 20 Validation of certain appointments s 34A ins 2007 No. 18 s 16 Regulation-making power s 35 prev s 35 amd 1993 No. 49 s 17 om 1996 No. 54 s 9 sch pres s 35 (prev s 61) sub 1993 No. 49 s 21; 1995 No. 58 s 4 sch 1 renum 1999 No. 41 s 21 PART 5—TRANSITIONAL PROVISIONS pt hdg ins 1999 No. 41 s 22 Division 1—Transitional provisions for Tourism Legislation Amendment Act 1999 div hdg ins 2007 No. 20 s 104 Continuation of The Queensland Tourist and Travel Corporation s 36 prev s 36 amd 1989 No. 103 s 3 sch om 1996 No. 66 s 11 pres s 36 ins 1999 No. 41 s 22 References to The Queensland Tourist and Travel Corporation s 37 prev s 37 om 1996 No. 66 s 11 pres s 37 ins 1999 No. 41 s 22 Division 2—Transitional provisions for Statutory Bodies Legislation Amendment Act 2007 div hdg ins 2007 No. 20 s 105 Rights and entitlements of particular employees s 38 prev s 38 om 1996 No. 66 s 11 pres s 38 ins 2007 No. 20 s 105 Application of industrial instruments s 39 prev s 39 amd 1993 No. 49 s 18 om 1996 No. 66 s 11 Page 42 Reprint 4B effective 2 November 2009

Tourism Queensland Act 1979 Endnotes pres s 39 ins 2007 No. 20 s 105 Amending Act does not affect particular powers of corporation s 40 prev s 40 om 1996 No. 66 s 11 pres s 40 ins 2007 No. 20 s 105 Continued application of repealed s 16 s 41 prev s 41 om 1984 No. 88 s 10 pres s 41 ins 2007 No. 20 s 105 Continuation in office of general manager s 42 prev s 42 om 1984 No. 88 s 10 pres s 42 ins 2007 No. 20 s 105 Division 3—Transitional provisions for Consumer Credit (Queensland) and Another Act Amendment Act 2007 div hdg prev div hdg sub 1984 No. 88 s 9 om 1993 No. 49 s 19 pres div hdg ins 2007 No. 18 s 17 Continuation of membership of corporation s 43 prev s 43 om 1984 No. 88 s 10 pres s 43 ins 2007 No. 18 s 17 Regulations relating to loans s 44 om 1984 No. 88 s 10 Illegal borrowing s 45 om 1984 No. 88 s 10 Resolution before borrowing s 46 om 1984 No. 88 s 10 Application of loan moneys s 47 om 1984 No. 88 s 10 Advance by way of overdraft s 48 om 1984 No. 88 s 10 Audit s 49 om 1993 No. 49 s 19 Advances and guarantees s 50 om 1991 No. 18 s 19 Application for assistance s 51 om 1991 No. 18 s 19 Corporation to investigate application s 52 om 1991 No. 18 s 19 Decision upon application s 53 om 1991 No. 18 s 19 Reprint 4B effective 2 November 2009 Page 43

Tourism Queensland Act 1979 Endnotes Powers as to advances s 54 om 1991 No. 18 s 19 Effect of Order in Council in respect of guarantee s 55 om 1991 No. 18 s 19 Guarantee voidable in certain circumstances s 56 om 1991 No. 18 s 19 Recovery of moneys paid under guarantee s 57 om 1991 No. 18 s 19 Appropriation in respect of guarantee s 58 om 1991 No. 18 s 19 Moneys guaranteed to be a debt due to Her Majesty s 59 om 1991 No. 18 s 19 Annual report s 60 om 1993 No. 49 s 20 PART 6—TRANSITIONAL PROVISIONS pt 6 (ss 62–66) ins 1996 No. 66 s 12 exp 21 February 1997 (see s 66) © State of Queensland 2012 Page 44 Reprint 4B effective 2 November 2009