QueenslandQUEENSLANDSMALLBUSINESSCORPORATIONACT1990Reprinted as in force on 20 December
1995(includes amendments up to Act No. 58 of
1995)Reprint No. 2This reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copy
Information about this reprintThis
Act is reprinted as at 20 December 1995.The
reprint—•showsthelawasamendedbyallamendmentsthatcommencedonorbeforethat day
(Reprints Act 1992 s 5(c))•incorporatesallnecessaryconsequentialamendments,whetherofpunctuation,numbering or
another kind (Reprints Act 1992 s 5(d)).Thereprintincludesareferencetothelawbywhicheachamendmentwasmade—see list of legislation and list of
annotations in endnotes.MinoreditorialchangesallowedundertheprovisionsoftheReprintsAct1992mentioned in the following list have
also been made to—•use expressions consistent with
current drafting practice (s 29)•use
aspects of format and printing style consistent with current
drafting practice(s 35)•omit
provisions that are no longer required (ss 37 and 38)•number and renumber provisions and
references (s 43).This page is specific to this reprint.See
previous reprint for information about earlierchanges made under
the Reprints Act 1992.A table of earlier reprints is
included inthe endnotes.Also see endnotes
for information about—•when provisions
commenced•editorial changes made in earlier
reprints.
s43s4Queensland Small Business Corporation
Act1990QUEENSLAND SMALL BUSINESSCORPORATION ACT 1990[as amended by all
amendments that commenced on or before 20 December 1995]An Act
to constitute the Queensland Small Business Corporation; toauthorise that corporation to assist and
promote small businessand for other purposes†PART 1—PRELIMINARY˙Short
title1.This Act may be cited as theQueensland Small Business CorporationAct
1990.˙Objective2.TheobjectiveofthisActistoassist,encourageandpromotetheefficiency and expansion of small business
activity in Queensland with aview to enhancing
economic growth and employment opportunities and forthe
public benefit.˙Interpretation3.In
this Act—“appointed member”means a member
of the corporation appointed undersection
5(1)(b).“chair”meansthepresidingofficerofthecorporationappointedundersection
6.“corporation”meanstheQueenslandSmallBusinessCorporation
s44s4Queensland Small Business Corporation
Act1990constituted by section 4.“deputychair”meansthedeputypresidingofficerofthecorporationelected pursuant
to section 7(1).“financial year”means the period
of 12 months ending on 30 June in anyyear.“previouscorporation”meanstheSmallBusinessDevelopmentCorporationconstitutedbytheSmallBusinessDevelopmentCorporation Act
1980, section 4(1).“small
business”means a business undertaking that is wholly
owned andoperated by a natural person or by natural
persons in partnership or byaproprietarycompanywithinthemeaningoftheCompanies(Queensland)
Code and that—(a)has a relatively small share of the
market in which it is operated;and(b)ismanagedpersonallybytheowneror,asthecasemaybe,directors;
and(c)is not a subsidiary of or does not
form part of a larger business orenterprise.“smallbusinesssector”meanstheaggregateofpersons,whetherincorporatedorunincorporated,engagedinowningandoperatingsmallbusinessesandincludesanyassociationorgroupofsuchpersons formed
with a view to protecting or furthering the interests ofsuch
persons as the owners of small businesses.†PART
2—THE CORPORATION˙The corporation4.(1)Thepreviouscorporationisherebypreserved,continuedinexistenceandconstitutedasabodycorporateunderthenameandstyle‘Queensland Small
Business Corporation’.
s55s6Queensland Small Business Corporation
Act1990(2)The corporation,
by the name assigned to it by subsection (1), hasperpetual succession and a common seal and,
subject to this Act, is capableof—(a)suing and being sued;(b)compounding or proving in any court of
competent jurisdiction alldebts due to it;(c)acquiring, holding, letting, leasing and
alienating (by exchange,saleorotherwise)realandpersonalpropertyoranyinteresttherein, whether situated in or outside
Queensland;(d)doing and suffering all other acts and
things a body corporate maylawfully do and
suffer.(3)All courts and persons acting
judicially are to take judicial notice ofthe common seal
of the corporation and, until the contrary is proved, are topresume that the seal was duly affixed to a
document on which it appears.˙Membership of corporation5.(1)Thecorporationistoconsistofnotlessthan5normorethan7 members of
whom—(a)1 is to be the chief executive of the
department; and(b)theothermembersaretobeappointedbytheGovernorinCouncil on the recommendation of the
Minister by notificationpublished in the gazette.(2)In recommending a person pursuant to
subsection (1)(b), the Ministeris to have regard
to that person’s experience in—(a)owning or operating a small business;
or(b)providing services to small business
or the small business sectorin the fields of
(including but not limited to) education, training,management, accounting, research, law and
finance.˙Chair6.The
Governor in Council on the recommendation of the Minister is
to
s76s9Queensland Small Business Corporation
Act1990appoint, by notification published in
the gazette, 1 of the appointed membersas chair.˙Appointment of deputy chair7.(1)The members may
elect 1 of the appointed members to be deputychair.(2)The deputy chair—(a)during such time as the chair is prevented
by absence, illness orotherwise from performing the duties
of that office, is to act in theoffice of chair;
and(b)during such time as a vacancy exists
in that office and while thedeputy chair so
acts, is to have and may exercise the powers andis
to perform the functions and duties conferred or imposed
uponthe chair by or under this Act.˙Tenure of office8.(1)An
appointed member is to hold office for such term not
exceeding3 years as the Governor in Council
determines.(2)Anappointedmember,ifthatmemberisotherwisequalified,iseligible for reappointment as an appointed
member.(3)The Governor in Council on the
recommendation of the Minister mayatanytimeremoveanappointedmemberfromofficebynotificationpublished in the
gazette.˙Disqualification from membership9.A person who—(a)isanundischargedbankruptortakesadvantageofthelawsinforce for the time being relating to
bankruptcy; or(b)has been or is convicted in Queensland
of an indictable offence orhasbeenorisconvictedelsewhereinrespectofanactoromissionthatifdoneormadebythatpersoninQueenslandwould have
constituted an indictable offence; or
s
137s 14Queensland Small
Business Corporation Act1990(c)is
or becomes a patient within the meaning of theMental
HealthAct 1974;is
not to be capable of being or continuing to be an appointed
member.˙Vacation of office10.The
office of an appointed member becomes vacant if that member—(a)dies;(b)becomes incapable of continuing as a
member;(c)is absent without prior leave of
absence granted by the corporationfrom3consecutivemeetingsofthecorporationofwhichduenotice has been given to that member;(d)resignsthatofficebywritingsignedbythatmemberandfurnished to the Minister;(e)ceases to be qualified as a
member;(f)is removed from office pursuant to
section 8(3).˙Casual vacancies11.(1)Whenacasualvacancyoccursintheofficeofanappointedmember the
Governor in Council is to appoint in accordance with this
Actanother person qualified to be an appointed
member.(2)A person appointed to fill a casual
vacancy as an appointed memberis to be
appointed and hold office for the balance of the term of office of
thatperson’s predecessor or until that person
sooner vacates that office and, ifthatpersonisotherwisequalified,iseligibleforreappointmentasanappointed member.˙Remuneration to members12.(1)An
appointed member is to be paid such fees and allowances (ifany)
in respect of the performance of that member’s duties as the
Governorin Council may determine from time to
time.(2)Fees and allowances are not to be paid
to a member who is an officer
s
158s 18Queensland Small
Business Corporation Act1990of the public
service for attendance at any meeting of the corporation
whollyheld during ordinary office working hours of
that officer.(3)Each member is to be paid such
expenses as are necessarily incurredbythatmemberinthedischargeofthatmember’sdutiesandasthecorporation
approves.˙Functions of corporation13.The functions of the corporation
are—(a)topromotethedevelopmentandutilisationofprivatesectorbusiness management services to the small
business sector; and(b)topromoteawareness,anddisseminateinformation,onsoundbusiness
management practices required in the conduct of smallbusiness; and(c)toprovideinitialadviceandcounsellingonsoundbusinessmanagementpracticestopersonsengagedin,orproposingtoestablish, a small business;
and(d)to develop and facilitate the
provision of training and educationalprograms
relating to small business management; and(e)toconsultwiththesmallbusinesssectorandmaintainliaisonbetween it and the Minister; and(f)toadvisetheMinisteronprivatesectorviewsonpolicies,programs and
issues affecting the small business sector; and(g)to
undertake such other programs and activities as are approvedbytheMinister,onsuchtermsandconditionsastheMinisterdetermines.˙Corporation subject to direction of
Minister14.(1)Intheexerciseandperformanceofitspowers,functionsandduties, the corporation is to be
subject to the general control and direction ofthe
Minister.(2)Any direction given by the Minister
pursuant to subsection (1) is tobe in writing
and—
s
199s 20Queensland Small
Business Corporation Act1990(a)the
auditor-general is to be given a copy of each such direction
foraudit purposes; and(b)a
copy of each such direction is to be included in the
corporation’sannual report.˙Application of Public Sector Management
Commission Act15. For the purposes of thePublic Sector Management Commission
Act1990, the corporation is a unit of the
public sector within the meaning of thatAct.†PART 3—PROCEDURE˙Procedure generally16.
Subject to this Act, the corporation is to conduct its business in
themanner it considers appropriate.˙Meetings17.(1)Subject to subsection (2), the chair is to
convene meetings of thecorporationwhich,inthechair’sopinion,arenecessaryfortheefficientconduct of its
affairs.(2)If requested to do so in writing by 2
or more other members, thechair is to convene a meeting of the
corporation.(3)The corporation is to meet at least
once in each quarter of each year.˙Quorum18.(1)Business is not to be conducted at a meeting
of the corporationunless a quorum is present.(2)Aquorumofthecorporationisamajorityofthetotalnumberofmembers for the time
being.
s
1910s 20Queensland Small
Business Corporation Act1990˙Presiding officer19.(1)The
chair is to preside at all meetings of the corporation at
whichthe chair is present and, in the absence of
the chair, the deputy chair, ifpresent, is to
preside.(2)If both the chair and the deputy chair
are absent from a meeting, amember elected by
the members present at that meeting (if they constitute aquorum) is to preside.(3)A
member elected to preside at a meeting has and may exercise
thepowers and is to discharge the functions and
perform the duties of the chair.˙Conduct of affairs20.(1)The
corporation is to discharge its functions, exercise its
powersandperformitsdutiesbythemajorityvoteofitsmemberspresentatameeting and voting on the business in
question.(2)Where a member, being present at a
meeting, abstains from votingthat member is to
be taken to have voted in the negative.(3)The
person who is duly presiding at a meeting has a deliberative
voteand, in the event of an equality of votes, a
casting vote.(4)If all the members sign a document
containing a statement that theyare in favour of
a resolution in terms set out in the document, that
resolutionis to be taken to have been passed at a
meeting of the members held on thedayonwhichthedocumentwassignedandatthetimeatwhichthedocumentwaslastsignedbyamemberor,ifthememberssignedthedocument on different days, on the day
on which, and at the time at which,the document was
last signed by a member.(5)For the purposes
of subsection (4), 2 or more separate documentscontaining
statements in identical terms each of which is signed by 1
ormore members are together to be taken to
constitute 1 document containinga statement in
those terms signed by those members on the respective dayson
which they signed the separate documents.
s
2111s 21Queensland Small
Business Corporation Act1990˙Disclosure of interest21.(1)If a
member of the corporation has a pecuniary interest in a
matterthat is, or is to be, the subject of a
contract, agreement or other arrangementto which the
corporation is, or is to be, party and is present at a meeting
ofthecorporationatwhichthematteristhesubjectofconsideration,themember—(a)is
to disclose the fact of the member’s interest at the meeting
andbefore the matter is considered; and(b)isnottoparticipateintheconsiderationof,orvoteon,anyquestion with respect to the matter;
and(c)is to be disregarded for the purposes
of constituting a quorum inrespect of the
consideration of the matter.(2)A
disclosure made by a member of the corporation in compliancewith
subsection (1) is to be recorded in the minute book of the
corporation.(3)Thecorporationmaybyresolutionexcludeanymemberfromameeting whilst any matter in relation
to which that member is required todisclose an
interest under subsection (1) is being considered.(4)In subsection (1)—“pecuniary
interest”—(a)does not include
an interest that a member of the corporation mayhave
in a matter in common with members of the public;(b)does include a pecuniary interest
known to a member as had bythe member’s
spouse or family member ordinarily resident withthe
member.(5)Notwithstandingthatamemberofthecorporationcontravenesaprovision of this section, that contravention
does not invalidate any decisionof the
corporation or the discharge of a function, exercise of a power or
theperformance of a duty by it.(6)A member who fails to comply with this
section commits an offenceagainst this Act and is liable to a
penalty not exceeding 50 penalty units.
s
2212s 25Queensland Small
Business Corporation Act1990˙Minutes22.(1)The
chair is to cause to be kept a record of all decisions of
thecorporation whether made at a duly
constituted meeting or by reference inwritingandthatrecordistobepresentedtothenextmeetingofthecorporation for
confirmation as to its correctness and is to be signed by
thepersonwhoispresidingatthatsubsequentmeetingandthereuponthatrecord forms part of the minutes of that
meeting.(2)Every entry in the minute book
purporting to be signed as prescribedand every writing
purporting to be a copy of or extract from such an entryand
to be certified by the chair, upon its production in any
proceeding, isevidence,andintheabsenceofevidencetothecontrary,conclusiveevidence, of the
matters contained therein.˙Custody and
affixing of seal23.(1)The common seal
of the corporation is to be kept in the custody ofthe
chair or such other person as may be authorised by resolution of
thecorporation.(2)The
common seal is to be affixed to a document only in pursuance
ofa resolution of the corporation and by the
person having the custody of theseal in
accordance with subsection (1).˙Authentication of documents24.Adocumentpurportingtobemadebyoronbehalfofthecorporation,
other than a document that requires the common seal of thecorporation to be affixed, is duly made if it
bears the signature of the chairor of a person
authorised by resolution of the corporation in that behalf.˙Validity of proceedings25.Any act, proceeding or decision of the
corporation is not invalid byreason only of
any defect in the qualification, membership or appointmentof
any member thereof or a vacancy in the membership of the
corporation atthe time of that act, proceeding or
decision.
s
2613s 27Queensland Small
Business Corporation Act1990†PART
4—STAFF˙Staff of corporation26.(1)The corporation
may appoint and employ on salary or wages orengage and employ
pursuant to contracts such persons as are necessary forthe
effectual administration of this Act.(2)Subject to any applicable award of an
industrial court, tribunal orauthority or any
industrial agreement, persons employed by the corporationare
to be paid salaries, wages and allowances at such rates and are to
beemployed under such conditions of employment
(including conditions as toleaveentitlements)asthecorporation,afterconsultationwiththePublicSector Management
Commission, determines.(3)ThePublic Service Management and Employment Act
1988does notapply to any
employee of the corporation.(4)All
employees of the corporation are public sector employees
withinthe meaning of thePublic Sector
Management Commission Act 1990.˙Employment of staff of previous
corporation27.(1)In this
section—“employeeofthepreviouscorporation”meansapersonwhoimmediatelypriortothecommencementofthisActheldpaidemployment with the previous
corporation.(2)On the commencement of this Act, every
employee of the previouscorporationbecomesanemployeeofthecorporationonsuchtermsandconditions, subject to any applicable
award or industrial agreement, as thecorporationmaydetermine,butnolessfavourablethanthetermsandconditionsuponwhichthatpersonwasemployedbythepreviouscorporation
immediately before that commencement.(3)A
person who becomes an employee of the corporation pursuant
tosubsection (2)—(a)retainsallrightsaccruedoraccruingasanemployeeoftheprevious corporation; and
s
2814s 29Queensland Small
Business Corporation Act1990(b)is
entitled to receive annual, sick and long service leave and
anysimilarentitlementaccruedoraccruingtothatpersonasanemployee of the
previous corporation;and that person’s service as an
employee of the previous corporation is to betaken to be
service as an employee of the corporation for the purposes
ofany law under which those rights accrued or
were accruing or by which thatentitlement is
conferred.(4)A person who becomes an employee of
the corporation pursuant tosubsection (2) is
not entitled to claim, both under this Act and any other
Act,benefits in respect of the same period of
service.˙Superannuation schemes28.(1)The corporation
may—(a)establish or amend superannuation
schemes; or(b)join in establishing or amending
superannuation schemes; or(c)take part in
superannuation schemes.(2)The
Auditor-General must audit the schemes.(3)Subsection (2) is subject to theFinancial Administration and AuditAct
1977, part 6.1˙Superannuation entitlements29.A person who, pursuant to section 27,
becomes an employee of thecorporation—(a)retainsallentitlementsaccruedoraccruingtothatpersonasacontributor to
or member of the superannuation scheme referredto in section
28(1)(a); and(b)is to continue to contribute to that
scheme; and(c)is entitled to payments and other
benefits therefrom in respect ofthat
person.1Part 6 (Audit of public accounts and
public sector entities)
s
3015s 31Queensland Small
Business Corporation Act1990†PART
5—FINANCIAL˙Budget30.(1)The
corporation—(a)within the financial constraints the
Minister specifies, is to frame abudget for each
financial year showing—(i)estimatesofthereceiptsanddisbursementsofthecorporation for the financial year to
which the budget relates;(ii)the purposes for
which disbursements will be made by thecorporation in
the financial year to which the budget relates;(iii)estimatesofreceiptsanddisbursementsadoptedbythecorporation in
respect of the previous financial year and theactual receipts
and disbursements for that financial year; and(b)within the time the Minister specifies, is
to present that budget tothe Minister for approval.(2)The Minister is to approve—(a)each budget presented under subsection
(1); or(b)each such budget, as varied in the
manner the Minister considersappropriate.(3)The
Minister may specify terms and conditions pursuant to which
abudget may be amended.(4)A
budget amended in accordance with the terms and conditions
theMinisterspecifiespursuanttosubsection(3)istobethebudgetofthecorporation for the financial year for
which it was prepared.(5)The corporation
is to observe its budget as approved by the Minister.˙Application of Financial Administration
and Audit Act31.For the purposes of theFinancial Administration and Audit Act
1977,the corporation is a statutory body
within the meaning of that Act.
s
3516s 36Queensland Small
Business Corporation Act1990˙Investments32.The
corporation is empowered to invest its moneys which are notimmediately required for the discharge of its
functions or the exercise of itspowersinanyinvestmentprescribedbytheStatutoryBodiesFinancialArrangementsAct1982,section48,asapermissibleinvestmentforastatutory body within the meaning of
that Act.†PART 6—GENERAL˙Indemnity33.The
corporation is to indemnify every member, employee and agentof
the corporation against all actions, proceedings and claims in
relation to—(a)acts done, or omitted to be done, by
the person without negligenceunder this Act;
or(b)acts done, or omitted to be done, by
the person in good faith andwithout
negligence for the purposes of this Act.˙Termination of Act34.(1)This
Act expires on 30 June 2001.(2)Before 30 June 1995 the Minister is to
commence a review of theoperationoftheActandinthecourseofthatreviewtheMinisteristoconsider and have regard to—(a)the effectiveness of the operations of
the corporation; and(b)the need for the
continuation of the corporation; and(c)such
other matters as the Minister considers are relevant to theoperation and effectiveness of this
Act.(3)The Minister is to prepare a report
based on the review made undersubsection (2)
and is to cause that report to be laid before Parliament—(a)before 30 September 1995;
or
s
3517s 36Queensland Small
Business Corporation Act1990(b)if
Parliament does not sit in September 1995—on or before thethird sitting day thereafter.(4)Upon the termination of this Act the
corporation ceases to exist andits members cease
to hold office.˙Dissolution of the corporation35.(1)PriortothecorporationceasingtoexistunderthisAct,theGovernor in Council, by order in
council, on the recommendation of theMinister—(a)may—(i)declare that upon the corporation ceasing to
exist, its assetsand liabilities are to vest in the manner
and in the person orbody as the Governor in Council
considers appropriate; and(ii)make such
ancillary provisions as are necessary or desirableto
secure that vesting; and(b)is to make such
provision as is necessary or desirable in respectof—(i)the
superannuation schemes referred to in section 28(2); and(ii)the persons then
employed by the corporation;and the order in
council is to have effect according to its tenor.(2)If the Governor in Council does not
exercise the power conferred bysubsection(1)(a),theassetsandliabilitiesofthecorporation,uponitsceasing to exist, are to be assets and
liabilities of the Crown.˙Offences36.Proceedings in respect of an offence
against this Act are to be taken ina summary way
under theJustices Act 1886within 1 year
after the offenceis committed or within 6 months after the
commission of the offence comes
s
3718s 38Queensland Small
Business Corporation Act1990to the knowledge
of the complainant, whichever period is the later to expire,upon
the complaint of a person authorised by the Minister either
generallyor in a particular case.˙Regulations37.The
Governor in Council may make regulations, consistent with
thisAct,withrespecttoallmattersthatintheopinionoftheGovernorinCouncil are necessary or convenient for the
proper administration of thisAct or to achieve
the objects and purposes of this Act.˙Transfer of assets and liabilities38.Unless a contrary intention appears, a
reference in any Act, documentor writing to the
previous corporation is to be construed as a reference to
thecorporation.
20Queensland Small Business Corporation
Act19903´AIAamdchdefdivexpgazhdginslapnotfdomo in
cpparaprecpresprev==================KeyKey
to abbreviations in list of legislation and annotationsActs
Interpretation Act 1954amendedchapterdefinitiondivisionexpires/expiredgazetteheadinginsertedlapsednotifiedomittedorder in
councilpageparagraphprecedingpresentprevious(prev)procprovptpubdR[X]RArelocrenumrepsschsdivSIASLsubunnum=================previouslyproclamationprovisionpartpublishedReprint
No.[X]Reprints Act 1992relocatedrenumberedrepealedsectionschedulesubdivisionStatutory
Instruments Act 1992subordinate legislationsubstitutedunnumbered´4Table of earlier
reprintsReprint No.1TABLE
OF EARLIER REPRINTSAmendments includedReprint
datenone27 September 1994´5Tables in earlier reprintsName
of tableTABLES IN EARLIER REPRINTSChanged names and titlesChanged citations
and remade lawsObsolete and redundant provisionsRenumbered provisionsReprint
No.1111
21Queensland Small Business Corporation
Act1990´6List
of legislationQueensland Small Business Corporation Act
1990 No. 81date of assent 14 November 1990ss
1.1–1.2 commenced on date of assentremainingprovisionscommenced8December19908
December 1990 p 1655)(procpubdgazas amended by—Statute Law
(Miscellaneous Provisions) Act (No. 2) 1994 No. 87 s 3 sch 2date
of assent 1 December 1994commenced on date of assentStatutoryAuthoritiesSuperannuationLegislationAmendmentAct1995No.36ss 1–2, 9 sch 2date of assent 16
June 1995commenced on date of assentStatute Law (Minor Amendments) Act (No. 2)
1995 No. 51 ss 1, 4 schdate of assent 22 November 1995commenced on date of assentStatute Law Revision Act (No. 2) 1995 No. 58
ss 1–2, 4 sch 2date of assent 28 November 1995commenced on date of assent´7List of
annotationsLong titleamd R1 (see RA s
37)Commencements 1.2amd
R1 (see RA s 39)om R2 (see RA s 37)Interpretations 3def“department”om R1 (see RA s
39)def“Director-General”om R1 (see RA s
39)def“Minister”om R1 (see RA s
39)Membership of corporations 5amd
R1 (see RA s 38); 1995 No. 58 s 4 sch 2Superannuation
schemess 28sub 1995 No. 36 s 9 sch 2Budgets 30amd
R1 (see RA s 38)Termination of Acts 34amd
1995 No. 51 s 4 sch
