QueenslandRuralandRegionalAdjustmentAct1994Current as at [Not
applicable]Indicative reprint noteThis is anunofficialversion of a
reprint of this Act that incorporates allproposedamendmentstotheActincludedintheRuralandRegionalAdjustmentAmendmentBill2026.Thisindicativereprinthasbeenprepared for
information only—itisnotanauthorisedreprintoftheAct.The point-in-time date for this
indicative reprint is the introduction date fortheRuralandRegionalAdjustmentAmendmentBill2026—28October2026.DetailedinformationaboutindicativereprintsisavailableontheInformationpage of this
website.
Notauthorised—indicativeonlyRural
and Regional Adjustment Act 1994Part 1
Preliminary[s 1]Rural and
Regional Adjustment Act 1994An Act to
establish an authority to give assistance to rural andregionalproducersandcertainsmallbusinesses,andforrelated purposesPart 1Preliminary1Short
titleThis Act may be cited as theRural and Regional AdjustmentAct
1994.3Object of
Act(1)The object of this Act is to establish
the Queensland Rural andIndustryDevelopmentAuthorityprimarilytoadministerfinancial
assistance schemes, or parts of financial assistanceschemes,thatcontributetothedevelopmentofamoreproductiveandsustainableruralandregionalsectorinQueensland.(2)The
authority may also—(a)support the State’s economy by
administering schemesorpartsofschemesthatgiveassistancetoprimaryproducers,smallbusinessesorotherelementsoftheState’s
economy—(i)in periods when they are experiencing
temporarydifficulty; or(ii)to
otherwise benefit the State’s economy; andCurrent as at
[Not applicable]Page 7
Notauthorised—indicativeonlyRural and Regional Adjustment Act
1994Part 2 Queensland Rural and Industry
Development Authority[s 4](b)supportcommunitiesintheStateandbuilditsowneffectivenessbyadministeringschemesorpartsofschemesthatgiveassistancethatbenefitsthesecommunities,including,forexample,bygivingassistance to
persons and organisations that contribute tothese
communities; andExamples of organisations that contribute to
communities—community service, sporting and cultural
organisations(c)giveassistanceandbuilditsowneffectivenessbyadministeringschemesorpartsofschemesfortheCommonwealthandotherStatesinruralandregionalsectors outside
Queensland.Examples of administering parts of
schemes—•conducting financial analysis of
applications for assistanceunder an
authorised external scheme•reviewing an
authorised external scheme•providingadviceonapplicationsforfinancialassistanceunder an
authorised external scheme4DefinitionsThe dictionary
in schedule 1 defines particular words used inthis Act.Part
2Queensland Rural and IndustryDevelopment AuthorityDivision 1Establishment of authority5Establishment of authorityThe
Queensland Rural and Industry Development Authority isestablished.Page 8Current as at [Not applicable]
Notauthorised—indicativeonlyRural
and Regional Adjustment Act 1994Part 2 Queensland
Rural and Industry Development Authority[s 6]6Legal status of authorityThe
authority—(a)is a body corporate; and(b)has a seal; and(c)may
sue and be sued in its corporate name.Note—See
also part 4, division 3 in relation to the application of
theFinancialAccountabilityAct2009andtheStatutoryBodiesFinancialArrangements Act
1982to the authority.7Authority represents the State(1)The authority represents the
State.(2)Withoutlimitingsubsection (1),theauthorityhasalltheprivileges and
immunities of the State.Division 2Functions and
powers of authority8Authority’s functions(1)The authority’s primary function is to
put approved assistanceschemes into effect by—(a)ensuringtheschemesareproperlyandfairlyadministered;
and(b)directlygivingthefinancialassistancetheschemesprovide
for.(2)The other functions of the authority
are—(a)toarrangeforeducation,trainingandadvicetoapplicants under approved assistance
schemes; and(b)tonegotiateforthefundingoffinancialassistanceschemes with all
levels of government; and(c)to carry out
research into, develop policies on and giveadvice to the
Minister about—Current as at [Not applicable]Page
9
Rural
and Regional Adjustment Act 1994Part 2 Queensland
Rural and Industry Development Authority[s 8]Notauthorised—indicativeonlyPage 10(i)issues affecting persons likely to receive
financialassistance under this Act; and(ii)the financial
performance and sustainability of theruralandregionalsectorinQueensland,inparticular,primaryproducers,smallbusinessandother components of the State’s economy;
and(iii)areas of need,
and financial assistance, for farmersin financial
distress and farming businesses that areunlikely to be
financially viable in the long-term,including, for
example, ways to restructure a farmdebt or to
ensure a farmer who stops carrying on afarmingbusinessremainsinthebestpossiblefinancial
position; and(d)to review, and give advice to the
Minister on—(i)proposed financial assistance schemes;
and(ii)theimplementationofapprovedassistanceschemes;
and(iii)economicandotherconditionsintheruralandregional sectors; and(e)to
consult, and liaise with—(i)commercial
lenders and financial advisers; and(ii)public sector units with the function of
helping therural,regionalandsmallbusinesssectorsoftheeconomy, and equivalent entities of
other States orthe Commonwealth; and(iii)organisations representing the interests of
personslikelytoreceivefinancialassistanceunderthisAct; and(f)topartnerwithcommerciallendersandfinancialadvisors
to—(i)performanotherfunctionunderthissubsection;and(ii)further the
object of this Act under section 3; andCurrent as at
[Not applicable]
Notauthorised—indicativeonlyRural
and Regional Adjustment Act 1994Part 2 Queensland
Rural and Industry Development Authority[s 9](g)to administer authorised external
schemes or parts of theschemes; and(h)toperformfunctionsincidentaltoafunctionunderanother paragraph of this subsection;
and(i)to perform other functions given to
the authority underthis Act or another Act; and(j)other functions prescribed by
regulation.(3)Without limiting subsection (2)(j), a
regulation prescribing afunction of the authority may
prescribe any of the following—(a)the
scope of the function;(b)how the
authority is to perform the function;(c)the
period during which the authority is to perform thefunction.9Authority’s powers(1)The
authority has all the powers of an individual, and may, forexample—(a)enter into contracts, including contracts
for loans; and(b)acquire, hold, deal with and dispose
of property; and(c)appoint agents and attorneys;
and(d)chargefor,andfixconditionsforthesupplyof,thegoods, services and information it
supplies; and(e)engage consultants; and(f)do anything else necessary or
convenient to be done for,or in connection with, the performance
of its functions.(2)Without limiting subsection (1), the
authority has the powersgiven to it under this or another
Act.(3)TheauthoritymayexerciseitspowersinsideoroutsideQueensland.Current as at
[Not applicable]Page 11
Notauthorised—indicativeonlyRural and Regional Adjustment Act
1994Part 2 Queensland Rural and Industry
Development Authority[s 9A]9AMinisterial direction or notice(1)The Minister may give the authority a
written direction aboutthe performance of the authority’s
functions or the exercise ofits powers, or
written notice of a public sector policy, if theMinisterissatisfieditisnecessarytogivethedirectionornotice in the public interest.(2)The authority must ensure the
direction or policy is compliedwith.(3)However,beforegivingthedirectionornoticetheMinistermust—(a)consult with the authority; and(b)asktheauthoritytoadvisewhether,initsopinion,complying with the direction or policy would
not be inits financial interest.(4)The
Minister must gazette a copy of the direction or noticewithin 21 days after the direction or notice
is given.(5)The authority—(a)mustincludeinitsannualreport,preparedundertheFinancial Accountability Act 2009,
section 63, details ofanydirectionornoticegivenbytheMinisterundersubsection
(1)duringthefinancialyeartowhichthereport relates; and(b)may
include in the report a comment on the effect on theauthority’s activities of complying with the
direction orpolicy.Page 12Current as at [Not applicable]
Part
3Rural and Regional Adjustment Act 1994Part
3 Financial assistance schemes[s 10]Financial assistance schemesNotauthorised—indicativeonlyDivision 1Preliminary10Purpose of partThis part
provides for the giving of financial assistance underfinancialassistanceschemesapprovedorauthorisedunderthis
part.10AWhen financial assistance may be
givenThe authority may give financial assistance
to a person onlyunderafinancialassistancescheme,orpartofafinancialassistance
scheme, that is—(a)approvedbytheMinisterunderdivision 2,subdivision 1;
or(b)approved by regulation under division
2, subdivision 2;or(c)authorised by
the Minister under division 3.Division 2Approved assistance schemesSubdivision 1Approval by
Minister10BApproval of scheme by Minister(1)The Minister may approve a financial
assistance scheme, orpart of a financial assistance scheme,
that is—(a)establishedinaccordancewithaguidelinemadeandpublished by the authority under
section 10C; or(b)established by 1 or more of the
following entities—(i)the Commonwealth;Current as at
[Not applicable]Page 13
Notauthorised—indicativeonlyRural and Regional Adjustment Act
1994Part 3 Financial assistance schemes[s
10C](ii)another
State;(iii)anentitythatrepresentstheState,theCommonwealth or another State.(2)However,beforegivingapprovalundersubsection
(1),theMinister must be satisfied the purpose
of the scheme or part isconsistent with the object of this
Act.(3)TheschemeorpartdoesnottakeeffectuntiltheMinistergives notice of
the approval under subsection (1).(4)Foraschemeorpartmentionedinsubsection (1)(a),thenotice must state the version number of the
guideline.(5)The scheme or part commences
on—(a)the day the notice commences;
or(b)if the notice states a later day that
the scheme or partcommences—the later day.(6)A
notice under subsection (3) is subordinate legislation.(7)Anapprovalofaschemeorpartmentionedinsubsection (1)(a),ornoticeoftheapprovalundersubsection (3),isnotinvalidmerelybecausetheguidelinedoes not
substantially comply with section 10C(2) or (3).(8)This section does not apply to a
financial assistance scheme,orpartofafinancialassistancescheme,prescribedbyregulation for section 11(1).10CMaking and publishing
guidelines(1)The authority may, to further the
object of this Act, make andpublish a
document (aguideline) setting out
the details of afinancialassistanceschemeorpartofafinancialassistancescheme.(2)The guideline must state the following
matters—(a)the version number of the
guideline;(b)the purpose of the scheme or
part;Page 14Current as at
[Not applicable]
Notauthorised—indicativeonlyRural
and Regional Adjustment Act 1994Part 3 Financial
assistance schemes[s 10C](c)details of the authority’s role in the
administration of thescheme or part.(3)For
subsection (2)(c), the details of the authority’s role mustinclude—(a)iftheauthoritywilldecideapplicationsforfinancialassistance under
the scheme or part—(i)either or both of the following
matters—(A)the persons or categories of persons
who areeligible to receive financial assistance
underthe scheme or part;(B)thecriteriafordeterminingapplicationsforfinancialassistanceundertheschemeorpart; and(ii)the
processes for making and deciding applicationsfor financial
assistance under the scheme or part;andExample—requirements for
eligibility notices or pre-approvals(b)if
the authority will give financial assistance under thescheme or part—each of the following
matters—(i)the nature of the financial
assistance;(ii)theamount,orthemethodofcalculatingtheamount, of the financial assistance;(iii)if the financial
assistance may be given by way ofa loan—the
standard terms of the loan;(iv)the
process for giving the financial assistance.(4)Without limiting subsection (2) or (3), the
guideline may doany of the following—(a)state conditions on which financial
assistance is givenunder the scheme or part;(b)provide for—Current as at
[Not applicable]Page 15
Notauthorised—indicativeonlyRural and Regional Adjustment Act
1994Part 3 Financial assistance schemes[s
11](i)payments into the consolidated fund,
another fundordepartmentalaccountsofamountsoftheauthority’sassistancefundsassociatedwiththescheme or part; orNote—See
section 12A in relation to the funding of schemes.(ii)write-offs to
loan balances;(c)set out any customer service
provisions for the schemeor part;(d)provideforanothermattertheauthorityconsidersrelevant to administering the scheme or
part.(5)In this section—customerserviceprovisions,forafinancialassistancescheme,orpartofafinancialassistancescheme,meansprovisionsintendedbytheauthoritytoimprovetheadministrationoraccessibilityoftheschemeorpartforparticular applicants or classes of
applicants.Examples—•provisions permitting flexible payment
arrangements•provisions requiring or permitting
payment of financial assistanceto a person
other than an applicantSubdivision 2Approval by
regulation11Schemes required to be approved by
regulation(1)A regulation may prescribe that any of
the following may onlybe approved by regulation—(a)aparticularfinancialassistancescheme,orpartofafinancial assistance scheme;(b)a particular type of financial
assistance scheme, or partof a financial assistance
scheme.(2)Ifafinancialassistancescheme,orpartofafinancialassistance, is
prescribed under subsection (1)—Page 16Current as at [Not applicable]
Rural
and Regional Adjustment Act 1994Part 3 Financial
assistance schemes[s 11A](a)a
regulation approving the scheme or part must describethe
scheme or part in detail; and(b)a
regulation may vary, replace or revoke the scheme orpart.Notauthorised—indicativeonlyDivision 3Authorised
external schemes11AAuthorisation for external
schemes(1)Thissectionappliesinrelationtoascheme,otherthananapprovedassistancescheme,establishedbytheCommonwealth or another State or an
entity that representsthe Commonwealth or another State if
the scheme, or part ofthe scheme, is a financial assistance
scheme.(2)Theauthoritymustnottenderfortheadministrationoftheschemeorpart,oragreetoadministertheschemeorpart,unless the
Minister has authorised the authority to enter intoarrangements for the administration of the
scheme or part.(3)TheMinistermaygiveauthorisationonlyifsatisfiedthescheme’s main purpose is to—(a)contribute to the development of the
rural and regionalsector in another State; or(b)give assistance to primary producers
or small businessesin another State in periods when they are
experiencingtemporary difficulty.(4)AuthorisationmaybegivenonconditionstheMinisterconsiders
appropriate.(5)TheauthoritymustgivetheMinisteranyinformationtheMinisterasksforaboutatenderorarrangementthattheauthority has made or proposes to make
for the administrationof the scheme or part.(6)However,subsection
(5)doesnotapplytotheextentthatgivingtheinformationwouldcontraveneaconfidentialityagreement to
which the authority is a party.Current as at
[Not applicable]Page 17
Rural
and Regional Adjustment Act 1994Part 3 Financial
assistance schemes[s 11B]Division 4Variation, replacement andrevocationNotauthorised—indicativeonly11BVariation,
replacement or revocation by Minister(1)The
Minister may approve—(a)a document made
by the authority varying or replacing aguideline for a
financial assistance scheme, or part of afinancialassistancescheme,approvedbytheMinisterunder division
2, subdivision 1; or(b)the revocation
of a financial assistance scheme, or partofafinancialassistancescheme,approvedbytheMinister under division 2, subdivision
1.(2)However,beforegivingapprovaltovaryorreplaceaguidelineundersubsection (1)(a),theMinistermustbesatisfied that the purpose of the
guideline as varied or replacedis consistent
with the object of this Act.(3)The
variation, replacement or revocation does not take effectuntiltheMinistergivesnoticeoftheapprovalundersubsection (1).(4)The
variation, replacement or revocation commences on—(a)the day the notice commences;
or(b)ifthenoticestatesalaterdaythatthevariation,replacement or
revocation commences—the later day.(5)A
notice under subsection (3) is subordinate legislation.(6)Anapprovalofavariedorreplacedguidelineundersubsection
(1)(a),ornoticeoftheapprovalundersubsection (3),isnotinvalidmerelybecausetheguidelinedoes not
substantially comply with section 10C(2) or (3).11CAuthority may make minor amendments to
guidelines(1)Thissectionappliesinrelationtoaguidelinemadeandpublished by the authority under
section 10C.Page 18Current as at
[Not applicable]
Notauthorised—indicativeonlyRural
and Regional Adjustment Act 1994Part 3 Financial
assistance schemes[s 12](2)The
authority may make a minor amendment to the guidelinewithout the approval of the Minister.(3)An amendment of the guideline is
aminor amendmentif theamendment is for a formal or clerical
reason.(4)If the authority makes a minor
amendment to the guideline,the authority
must—(a)change the version number of the
guideline; and(b)publishtheamendedguideline,withthechangedversion number,
on the authority’s website.(5)The
amendment takes effect on—(a)thedaytheamendedguidelineispublishedontheauthority’s website; or(b)ifalaterdayisstatedintheamendedguideline—thelater
day.(6)Theamendmentdoesnotaffectanyofthefollowinginrelation to the guideline or the
approved assistance scheme towhich it
relates—(a)an approval under section 10B(1)(a) or
11B(1)(a);(b)a notice under section 10B(3) or
11B(3).Division 5Administering
financial assistanceschemes12Administering approved assistance schemes
andauthorised external schemes(1)Inadministeringanapprovedassistanceschemeoranauthorised
external scheme, the authority may—(a)assess and decide applications for
assistance under thescheme; and(b)cancel the provision of assistance;
and(c)put conditions on the giving of
assistance; andCurrent as at [Not applicable]Page
19
Notauthorised—indicativeonlyRural and Regional Adjustment Act
1994Part 3 Financial assistance schemes[s
12A](d)change the arrangements for the
repayment of debts tothe authority; and(e)declinetodealwithapplicationsmadebypersonspreviously
refused assistance under the scheme; and(f)decide its own procedures; and(g)keepoperationalaccountswithfinancialinstitutionswithin
Australia.(2)However, in administering an approved
assistance scheme oranauthorisedexternalscheme,theauthoritymustcomplywith—(a)the contents of the scheme; and(b)agreementsenteredintobetweentheauthorityandpersons receiving assistance under the
scheme.12AFunding of approved assistance schemes
and authorisedexternal schemesFinancial
assistance given by the authority under an approvedassistance scheme, or an authorised external
scheme, must bedrawn from the authority’s assistance
funds.12BAuthority may recover financial
assistance(1)Theauthoritymay,bynotice,decidetorecoverfinancialassistance given to a person under, or
purportedly under, anapproved assistance scheme or an
authorised external schemeif—(a)the
authority becomes aware the person has breached acondition on which the financial assistance
was given tothe person under the scheme; or(b)the following apply—(i)the authority—(A)reasonablybelievesthepersoncontravenedsection 41 or
42; orPage 20Current as at
[Not applicable]
Notauthorised—indicativeonlyRural
and Regional Adjustment Act 1994Part 3 Financial
assistance schemes[s 12C](B)becomesawareofamistakeingivingthefinancial assistance to the person, even if
theperson has not contributed to the
mistake;Example for sub-subparagraph (B)—an
administrative or clerical error(ii)the
financial assistance would not have been giventothepersonbutforthecontraventionorthemaking of the mistake.(2)The notice given to the person must
state—(a)the ground for recovery under
subsection (1); and(b)theamountthepersonisrequiredtorepay,notexceeding the amount of the financial
assistance; and(c)a reasonable period within which the
person must repaythe amount.(3)Withoutlimitingsubsection (2),thenoticemustbeaninformation
notice for the decision.12CObligation to
repay authority(1)A persongivenanoticeundersection 12Bmustrepaytheamountstatedinthenoticewithintheperiodstatedinthenotice.(2)A liabilityarisingfromanoticegivenundersubsection
(1)is—(a)a debt payable
to the authority that may be recovered ina court of
competent jurisdiction; and(b)if
the notice is given to 2 or more persons—joint andseveral.(3)The
authority may enter into an arrangement with a person forthepaymentofanamount,statedinanoticegivenundersection 12B, by instalments.(4)Thearrangementmayincludeprovisionforthepaymentofinterest.Current as at
[Not applicable]Page 21
Rural
and Regional Adjustment Act 1994Part 3 Financial
assistance schemes[s 12D]Notauthorised—indicativeonly12DPower to require
production of document or certificationof copy(1)Thechiefexecutiveofficermayrequireapersontomakeavailable for
inspection by the chief executive officer, or toproducetothechiefexecutiveofficerforinspection,atareasonable time and place nominated by
the chief executiveofficer—(a)a
required document; or(b)if a required
document or required information is kept,stored or
recorded electronically—a document that is aclear written
reproduction of the required document orrequired
information.(2)The chief executive officer may copy a
document mentionedin subsection (1) or a part of the
document.(3)If the chief executive officer copies
a document mentioned insubsection (1), or a part of the
document, the chief executiveofficermayrequirethepersonresponsibleforkeepingthedocument to certify the copy as a true copy
of the document orpart.(4)Thechiefexecutiveofficermustnotkeepadocumentmentioned in
subsection (1) after copying the document or apart of the
document.(5)However,ifarequirementismadeofapersonundersubsection (3),thechiefexecutiveofficermaykeepthedocument until the person complies with the
requirement.(6)In this section—required
document, in relation to a person, means a
documentthat is—(a)issued to the person under this Act;
or(b)required to be kept by the person
under—(i)this Act; or(ii)an
approved assistance scheme; or(iii)an
authorised external scheme.Page 22Current as at [Not applicable]
Notauthorised—indicativeonlyRural
and Regional Adjustment Act 1994Part 3 Financial
assistance schemes[s 13]requiredinformation,inrelationtoaperson,meansinformation required to be kept by the
person under—(a)this Act; or(b)an
approved assistance scheme; or(c)an
authorised external scheme.13Offence to
contravene production requirement orcertification
requirement(1)A person of whom a production
requirement or certificationrequirement is
made must comply with the requirement unlessthe person has a
reasonable excuse.Maximum penalty—100 penalty units.(2)It is not a reasonable excuse for a
person to fail to complywith a production requirement or a
certification requirementon the basis that complying with the
requirement might tendto—(a)incriminate the person; or(b)expose the person to a penalty;
or(c)expose the person, or another person,
to action for therecovery of financial assistance.Note—See, however,
section 13C.(3)The chief executive officer must
inform the person, in a waythat is
reasonable in the circumstances, that—(a)thepersonmustcomplywiththeproductionrequirementorthecertificationrequirementeventhough complying might tend to—(i)incriminate the person; or(ii)expose the
person to a penalty; or(iii)expose the
person, or another person, to action forthe recovery of
financial assistance; andCurrent as at [Not applicable]Page
23
Notauthorised—indicativeonlyRural and Regional Adjustment Act
1994Part 3 Financial assistance schemes[s
13A](b)ifthepersonisanindividual—thereisalimitedimmunityundersection
13Cagainstthefutureuseofthe information or document given in
compliance withthe requirement.(4)Ifthepersondoesnotcomplywiththeproductionrequirementorthecertificationrequirementandthechiefexecutive
officer has failed to comply with subsection (3), thepersonmaynotbeconvictedoftheoffenceagainstsubsection
(1).(5)Ifacourtconvictsapersonofanoffenceagainstsubsection (1), the court may, as well as
imposing a penaltyfortheoffence,orderthepersontocomplywiththeproduction requirement or
certification requirement.(6)In this
section—productionrequirementmeansarequirementundersection 12D(1).certificationrequirementmeansarequirementundersection 12D(3).13APower
to require information(1)This section
applies if the chief executive officer reasonablybelieves—(a)any
of the following matters—(i)a ground for
recovering financial assistance existsunder section
12B;(ii)theauthorityneedstoperformafunctionmentioned in
section 12(1)(b), (c), (d) or (e);(iii)anoffenceagainstthis
Acthasbeencommitted;and(b)apersonmaybeabletogiveinformationaboutthematter.Page 24Current as at [Not applicable]
Notauthorised—indicativeonlyRural
and Regional Adjustment Act 1994Part 3 Financial
assistance schemes[s 13B](2)The
chief executive officer may, by notice given to the person,requirethepersontogivethechiefexecutiveofficerbyastated reasonable time—(a)information related to the matter;
or(b)iftheinformationmentionedinparagraph (a)iskept,storedorrecordedelectronically—aclearwrittenreproduction of
the information.(3)In this section—informationincludes a
document.13BOffence to contravene information
requirement(1)Apersonofwhomarequirementismadeundersection 13A(2) must comply with the
requirement unless theperson has a reasonable excuse.Maximum penalty—100 penalty units.(2)Itisareasonableexcuseforanindividualnottogivetheinformationifgivingtheinformationmighttendtoincriminatetheindividualorexposetheindividualtoapenalty.(3)However, it is not a reasonable excuse for
an individual not togive the information if giving the
information might tend toexposetheperson,oranotherperson,toactionfortherecovery of financial
assistance.13CEvidential immunity for individuals
complying withparticular requirements(1)Subsection (2) applies if an individual
gives a document to thechief executive officer, or certifies
a document for the chiefexecutive officer, under section
12D.(2)Evidenceofthedocument,andotherevidencedirectlyorindirectlyderivedfromthedocument,isnotadmissibleagainsttheindividualinanyproceedingtotheextenttheevidencetendstoincriminatetheindividual,orexposetheindividual to a penalty, in the
proceeding.Current as at [Not applicable]Page
25
Notauthorised—indicativeonlyRural and Regional Adjustment Act
1994Part 3A Rural debt surveys and advisory
services[s 13D](3)Subsection (2) does not apply to a
proceeding about the falseor misleading nature of anything in
the document or in whichthefalseormisleadingnatureofthedocumentisrelevantevidence.(4)In this section—giveincludes make available for inspection and
produce.Part 3ARural debt
surveys andadvisory servicesDivision 1Rural debt surveys13DAuthority must conduct rural debt
survey(1)The authority must ensure a survey of
rural indebtedness inQueensland (arural debt
survey) is—(a)conducted for the period starting on 1
January 2012 andending on 31 December 2017; and(b)completed by 30 June 2018.(2)Also,theauthoritymustensurearuraldebtsurveyisconductedforeachperiodof2yearsstartingon1January2018.(3)A rural debt survey conducted under
subsection (2) must becompleted within 6 months after the
end of the 2-year period.(4)Subsections (2)
and (3) do not apply for a period mentioned insubsection (2)
if a comparable national debt survey has beenconducted in the
period.13ETerms of reference for rural debt
surveyThe terms of reference for a rural debt
survey are as follows—(a)to establish the
extent, nature and size of, and trends in,the total rural
indebtedness—Page 26Current as at
[Not applicable]
Notauthorised—indicativeonlyRural
and Regional Adjustment Act 1994Part 3A Rural
debt surveys and advisory services[s 13F](i)in Queensland; and(ii)across various primary industries;
and(iii)in different
areas of Queensland identified by localgovernment areas
or postcodes;(b)tocategoriseloanstofarmersforconductingfarmingbusinesses based on the financial viability
of the farmersand the ability of the farmers to service
their loans;Examples of loan categories—•loansforwhichthefarmersareconsideredfinanciallyviable under
most circumstances•loansforwhichthefarmersareconsideredfinanciallyviableinthelong-termbutwhoareexperiencingsomedifficulty servicing the loan•loansforwhichthefarmersareexperiencingmajordifficulties servicing the loan(c)to consult with financial institutions
and peak primaryindustrybodiesaboutthemattersmentionedinparagraphs (a)and(b)toobtaininformationorobservations about the matters.13FPower to require information for rural
debt survey(1)This section applies in relation to
the following entities (eacharelevant entity)—(a)a bank or other financial
institution;(b)another entity that carries on a
business lending moneytofarmersforthepurposeofconductingfarmingbusinesses.(2)The
authority may, by written notice given to a relevant entity,require the entity to give the
authority—(a)stated documents or information
(therelevant material),orstatedtypesofdocumentsorinformation(alsotherelevant material), in its
possession or control that theauthority
reasonably requires for the conduct of a ruraldebt survey;
orCurrent as at [Not applicable]Page
27
Notauthorised—indicativeonlyRural and Regional Adjustment Act
1994Part 3A Rural debt surveys and advisory
services[s 13F](b)access to the relevant material.(3)The notice must state how, and a
reasonable period by which,the relevant
material, or access to the relevant material, mustbe
given.(4)The relevant entity must comply with
the notice unless—(a)therequirementrelatestorelevantmaterialthatisinsomeoneelse’spossessionorcontrolandtheotherperson has
refused to give the relevant material to theentity despite
the entity’s reasonable efforts to obtain it;or(b)complying with the requirement would
place the entityin contravention of a law; or(c)therequirementrelatestosomeoneelse’sconfidentialinformation and
the other person has refused to consentto it being
disclosed to the authority despite the entity’sreasonable
efforts to obtain the consent; or(d)thegivingoftherelevantmaterialmighttendtoincriminate the entity; or(e)the relevant material is confidential
to the entity or thegiving of the relevant material might
be to the detrimentof the entity’s commercial or other
interests.Maximum penalty—100 penalty units.(5)If an exemption under subsection (4)
applies to a requirementmadeofaprescribedentityundersubsection
(2),theentitymust inform the
authority in writing of the application of theexemption.(6)Theauthoritymustnotuserelevantmaterialgivento,oraccessedby,theauthorityunderthissectionforapurposeother than a
rural debt survey conducted under this part.Maximum penalty
for subsection (6)—100 penalty units.Page 28Current as at [Not applicable]
Notauthorised—indicativeonlyRural
and Regional Adjustment Act 1994Part 3A Rural
debt surveys and advisory services[s 13G]13GAuthority’s report about rural debt
survey(1)Theauthoritymust,bythedaytheauthorityisrequiredtocomplete a rural debt survey under section
13D—(a)prepare a report about the results of
the survey; and(b)give a copy of the report to the
Minister.(2)The authority’s report must compare
the results of the ruraldebt survey to the results of previous
rural debt surveys andinclude the authority’s observations
about the comparison.(3)Also,theauthority’sreportmustnotincludeconfidentialinformation.(4)The
Minister must table a copy of the report in the LegislativeAssembly within 3 months after receiving the
report.Division 2Farm Debt
Restructure Office13HAuthority must establish Farm Debt
Restructure Office(1)The authority must establish an office
of the authority calledthe Farm Debt Restructure
Office.(2)The Farm Debt Restructure Office
consists of a manager andthe staff of the office, who are
employees of the authority.(3)The
authority must ensure the manager and staff of the FarmDebt
Restructure Office are appropriately qualified to performthe
function of the office.13IFunction of Farm
Debt Restructure Office(1)The function of
the Farm Debt Restructure Office is to assist afarmer in
financial distress.(2)TheGovernorinCouncilmaymakearegulationaboutthefunctions of the Farm Debt Restructure
Office.Current as at [Not applicable]Page
29
Notauthorised—indicativeonlyRural and Regional Adjustment Act
1994Part 4 Other provisions about the
authority[s 14]Part 4Other provisions about theauthorityDivision 1The
board14The boardThe authority
has a board of directors.15Role of the
board(1)The board is responsible for the way
the authority performs itsfunctions and exercises its
powers.(2)Without limiting subsection (1), it is
the board’s role—(a)todecidethestrategiesandtheoperational,administrative
and financial policies to be followed bythe authority;
and(b)toensuretheauthorityperformsitsfunctionsinaproper, effective and efficient way;
and(c)toreviewannuallytheperformanceoftheauthority’schief executive
officer.16Composition of boardThe
board consists of the following persons (each of whom isadirector)—(a)the chief executive;(b)thechiefexecutiveofthedepartmentinwhichtheFinancial Accountability Act 2009is
administered;(c)notmorethan5otherpersons,appointedbytheGovernorinCouncil,whohavetheskillsandexperiencenecessarytoenablethemtocontributeeffectively to
the board’s ability to perform its functions.Page 30Current as at [Not applicable]
Notauthorised—indicativeonlyRural
and Regional Adjustment Act 1994Part 4 Other
provisions about the authority[s 16A]Example of skills for paragraph (c)—financialskills,strategicandbusinessplanningskills,ruralindustry skills16ATerm
of appointment as director(1)An appointed
director holds office for the term stated in thedirector’s instrument of appointment.(2)The stated term must be not longer
than 3 years.(3)The Minister must not recommend to the
Governor in CouncilatermofappointmentforadirectorunlesstheMinisterissatisfied that the term is staggered against
the appointment ofother directors on the board so that, to the
extent practicable,halfofthetermsofappointeddirectorswillendevery18months.(4)An
appointed director may be reappointed.16BConditions of appointment as director(1)An appointed director is appointed on
a part-time basis.(2)Anappointeddirectoristobepaidtheremunerationandallowances decided by the Governor in
Council.(3)Anappointeddirectorholdsofficeonthetermsandconditions,notprovidedforbythisAct,decidedbytheGovernor in Council.16CChairperson(1)The
Governor in Council must appoint a person, who is anappointed director, as the
chairperson.(2)The person holds office as chairperson
for the term stated inthe person’s instrument of appointment
as chairperson.(3)The stated term must not end later
than the person’s term as anappointed
director.Current as at [Not applicable]Page
31
Notauthorised—indicativeonlyRural and Regional Adjustment Act
1994Part 4 Other provisions about the
authority[s 16D](4)However, the person’s appointment as
chairperson ends if theperson—(a)resigns from office as chairperson under
section 16F; or(b)is removed from office as chairperson;
or(c)stops being an appointed
director.(5)Ifthepersonresigns,orisremoved,fromofficeaschairperson, the person may, subject
to section 16G, continueto hold office as an appointed
director.(6)TheMinistermayappointanydirectortoactasthechairperson during—(a)a
vacancy in the office of chairperson; or(b)any
period the chairperson—(i)is absent from
duty; or(ii)is, for any
reason, unable to carry out the duties ofthat
office.(7)Subsection (6) does not limit the
Governor in Council’s powerundertheActsInterpretationAct1954,section 24Bor25(1)(b).16DDisqualification of persons from appointment
as directorA person is disqualified from becoming, or
continuing as, anappointed director if the person—(a)has a conviction, other than a spent
conviction, for anindictable offence; or(b)is
an insolvent under administration; or(c)is
employed by, or is a contractor of, the authority; or(d)is disqualified from managing
corporations because ofthe Corporations Act, part 2D.6;
or(e)contravenes section 21; or(f)doesnotconsenttotheMinisterrequestingareportabout the
person’s criminal history under section 38H.Page 32Current as at [Not applicable]
Notauthorised—indicativeonlyRural
and Regional Adjustment Act 1994Part 4 Other
provisions about the authority[s 16E]16ERequirement to disclose particular
matters aboutdisqualification(1)This
section applies if a person who is an appointed director—(a)becomes an insolvent under
administration; or(b)is disqualified from managing
corporations because ofthe Corporations Act, part
2D.6.Note—See section 38I
for the requirement to give notice of a change in theperson’s criminal history.(2)The person must, unless the person has
a reasonable excuse,immediatelygivetheMinisternoticeundersubsection
(3)aboutbecominganinsolventunderadministrationorbeingdisqualified
from managing corporations.Maximum
penalty—100 penalty units.(3)The notice must
state—(a)thatthepersonhasbecomeaninsolventunderadministrationorisdisqualifiedfrommanagingcorporationsbecauseoftheCorporationsAct,part
2D.6; and(b)whenthepersonbecameaninsolventorwasdisqualified; and(c)if
the person is disqualified from managing corporationsbecauseoftheCorporationsAct,part
2D.6—detailsadequate to identify the grounds for the
disqualification.16FResignation(1)An
appointed director may resign from office as a director, orthe
chairperson, by signed notice given to the Minister.(2)The resignation takes effect—(a)on the day the notice is given;
or(b)if a later day is stated in the
notice—on the later day.Current as at [Not applicable]Page
33
Notauthorised—indicativeonlyRural and Regional Adjustment Act
1994Part 4 Other provisions about the
authority[s 16G]16GVacancy in officeAnappointeddirector’sofficebecomesvacantifthedirector—(a)completes a term of office and is not
reappointed; or(b)is disqualified from continuing as an
appointed directorunder section 16D; or(c)resignsofficeasanappointeddirectorundersection 16F; or(d)is
removed from office; or(e)is absent from 3
consecutive meetings of the board ofwhich proper
notice has been given—(i)without the
board’s permission; and(ii)without
reasonable excuse.16HActing directors(1)This
section applies if—(a)the office of an appointed director is
vacant; or(b)an appointed director is absent from
duty or is otherwiseunable to perform the functions of the
office.(2)Forsubsection
(1)(a),theofficeofanappointeddirectorisvacantonlyiftheofficehaspreviouslybeenfilledbyanappointment made under section
16(c).(3)The Minister may appoint a person, who
is not disqualifiedfrombecominganappointeddirectorundersection
16D,toact in the office for a period of not
longer than 6 months.(4)However,theMinistermayextendtheappointmentfor1further period of not longer than 6
months.(5)This section does not limit the
Governor in Council’s powerundertheActsInterpretationAct1954,section 24Bor25(1)(b).Page 34Current as at [Not applicable]
Notauthorised—indicativeonlyRural
and Regional Adjustment Act 1994Part 4 Other
provisions about the authority[s 17]17Chairperson to report to
Minister(1)ThechairpersonmustreporttotheMinisterontheperformance of the authority’s
functions and the exercise ofits
powers.(2)A report under subsection (1) must be
given—(a)within 1 month after the end of each
quarter; and(b)at any other time at the Minister’s
request.(3)Also,ifthechairpersonbecomesawareofamatterthechairpersonissatisfiedmayadverselyaffecttheauthority’sabilitytoperformitsfunctions,thechairpersonmustimmediately report the matter to the
Minister.(4)In subsection (2)—quartermeansa3-monthperiodendingon31March,30June, 30 September or 31 December.18Chairperson to give business plan to
Minister(1)ThechairpersonmustgivetheMinisteracopyofeachbusiness plan,
prepared by the chief executive officer, by 30April in the
year for which the plan is prepared.(2)The
chairperson must not give a copy of a business plan to theMinister unless the board has approved the
business plan.18AReporting and accountability(1)The Minister may, at any time, require
the chairperson to givetheMinisterstatedinformationandreportsintheway,andwithin the time, the Minister
requires.(2)Thechairpersonmustcomplywiththerequirementtotheextent the chairperson is able to
comply with it.(3)If the chairperson can not comply with
the requirement, thechairperson must give the Minister
reasons for not being ableto comply.Current as at
[Not applicable]Page 35
Notauthorised—indicativeonlyRural and Regional Adjustment Act
1994Part 4 Other provisions about the
authority[s 19](4)The
chairperson must give the Minister a report on any matterofwhichthechairpersonbecomesawarethatmaysignificantlyaffecttheauthority’sabilitytoperformitsfunctions.(5)The
chairperson must give the Minister a report mentioned insubsection (4) as soon as practicable but
within 1 month afterthe chairperson first becomes aware of
the matter.Division 2Proceedings of
the board19Time and place of meetings(1)The board may hold its meetings when
and where it decides.(2)However, the
board must meet at least once every 3 months.(3)The
chairperson—(a)may at any time call a meeting of the
board; and(b)must call a meeting if asked by
one-quarter or more ofthe other directors.20Conduct of proceedings(1)The chairperson presides at all
meetings of the board at whichthe chairperson
is present.(2)Ifthechairpersonisabsent,thedirectorchosenbythedirectors
present presides.(3)At a meeting of the board—(a)a quorum is at least half of the
directors; and(b)a question is decided by a majority of
the votes of thedirectors present and voting; and(c)each director present has a vote on
each question to bedecided and, if the votes are equal, the
director presidinghas a casting vote.Page 36Current as at [Not applicable]
Notauthorised—indicativeonlyRural
and Regional Adjustment Act 1994Part 4 Other
provisions about the authority[s 21](4)Theboardmayconductitsproceedings(includingitsmeetings) as it considers
appropriate.(5)The board may hold meetings, or permit
directors to take partin meetings, by telephone,
closed-circuit television or anotherform of
communication.(6)A directorwhotakespartinameetingoftheboardundersubsection (5)
is taken to be present at the meeting.(7)A
resolution is a valid resolution of the board, even though
itis not passed at a meeting of the board,
if—(a)at least half the directors give
written agreement to theresolution; and(b)noticeoftheresolutionisgivenunderproceduresapproved by the
board.21Disclosure of interests(1)A director must disclose to a meeting
of the board a direct orindirectfinancialinterestinanissuebeingconsideredorabout to be considered by the board
if—(a)the director, or a person who, under
the regulations, isrelated to the director, has the interest;
and(b)theinterestcouldconflictwiththeappropriateperformanceofthedirector’sdutiesabouttheconsideration of the issue.(2)The disclosure must be recorded in the
board’s minutes and,unlesstheboardotherwisedirects,thedirectormustnotbepresent when the
board considers the issue, or take part in adecision of the
board on the issue.(3)Anotherdirectorwhoalsohas,orwhois,undertheregulations,relatedtoapersonwhoalsohas,adirectorindirect financial interest in the issue
must not—(a)bepresentwhentheboardisconsideringitsdecisionunder subsection
(2); or(b)take part in making the
decision.Current as at [Not applicable]Page
37
Notauthorised—indicativeonlyRural and Regional Adjustment Act
1994Part 4 Other provisions about the
authority[s 22](4)If,becauseofthissection,adirectorisnotpresentatameeting of the board for the
deliberation of the board about anissue,buttherewouldbeaquorumifthedirectorwerepresent, the
remaining directors present are a quorum for theboard’s deliberation or decision about the
issue at the meeting.22MinutesThe
board must keep minutes of its proceedings.Division 3Financial matters23Application of Financial Accountability
Act(1)The authority is a statutory body
within the meaning of theFinancial Accountability Act
2009.(2)This section is
enacted to avoid doubt.23AAuthority is a
statutory body for Statutory BodiesFinancial
Arrangements Act 1982(1)Under theStatutory Bodies Financial Arrangements Act
1982,the authority is a statutory
body.(2)TheStatutoryBodiesFinancialArrangementsAct1982,part
2B sets out the way in which the authority’s powers underthisActareaffectedbytheStatutoryBodiesFinancialArrangements Act
1982.24Administration
budget(1)For each financial year, the authority
must develop, adopt andsubmit to the Minister an
administration budget not later thanthe day the
Minister directs.(2)An administration budget has no effect
until approved by theMinister.Page 38Current as at [Not applicable]
Rural
and Regional Adjustment Act 1994Part 5 Staff of
the authority[s 25](3)During a financial year the authority may
develop, adopt andsubmittotheMinisteramendmentstoitsadministrationbudget.(4)An amendment has no effect until
approved by the Minister.Notauthorised—indicativeonlyDivision 4Miscellaneous25SealJudicial notice
must be taken of the imprint of the authority’ssealappearingonadocument,andthedocumentmustbepresumed to have been properly sealed
unless the contrary isproved.26Application of certain ActsThe
authority is—(a)aunitofpublicadministrationundertheCrimeandCorruption Act 2001; and(b)aprescribedentityforthePublicSectorAct2022,section 25, definitionprescribed
entity, paragraph (c).Part 5Staff of the authorityDivision 1Chief executive officer27Appointment(1)The
authority must have a chief executive officer.(2)The
chief executive officer is appointed by the Governor inCouncil.(3)The
chief executive officer is appointed under this Act and notthePublic Sector Act 2022.Current as at [Not applicable]Page
39
Notauthorised—indicativeonlyRural and Regional Adjustment Act
1994Part 5 Staff of the authority[s
28](4)Thechiefexecutiveofficerisresponsibleforensuringtheauthority is managed as required by the
policies of the board.28Term of
appointment(1)The chief executive officer is
appointed for the term stated inthe chief
executive officer’s instrument of appointment.(2)The
stated term must be not longer than 5 years.(3)The
chief executive officer may be reappointed.29Conditions of appointment(1)The chief executive officer is to be
paid the remuneration andallowances decided by the
board.(2)Thechiefexecutiveofficerholdsofficeonthetermsandconditions, not provided for by this
Act, decided by the board.30DisqualificationA person is
disqualified from becoming, or continuing as, thechief executive officer if the
person—(a)has a conviction, other than a spent
conviction, for anindictable offence; or(b)is
an insolvent under administration; or(c)is
disqualified from managing corporations because ofthe
Corporations Act, part 2D.6; or(d)is
an appointed director; or(e)contravenes
section 38; or(f)doesnotconsenttotheMinisterrequestingareportabout the
person’s criminal history under section 38H.Page 40Current as at [Not applicable]
Notauthorised—indicativeonlyRural
and Regional Adjustment Act 1994Part 5 Staff of
the authority[s 31]31Requirement to disclose particular matters
aboutdisqualification(1)Thissectionappliesifapersonwhoisthechiefexecutiveofficer—(a)becomes an insolvent under
administration; or(b)is disqualified from managing
corporations because ofthe Corporations Act, part
2D.6.Note—See section 38I
for the requirement to give notice of a change in theperson’s criminal history.(2)The person must, unless the person has
a reasonable excuse,immediatelygivetheMinisternoticeundersubsection
(3)aboutbecominganinsolventunderadministrationorbeingdisqualified
from managing corporations.Maximum
penalty—100 penalty units.(3)The notice must
state—(a)thatthepersonhasbecomeaninsolventunderadministrationorisdisqualifiedfrommanagingcorporationsbecauseoftheCorporationsAct,part
2D.6; and(b)whenthepersonbecameaninsolventorwasdisqualified; and(c)if
the person is disqualified from managing corporationsbecauseoftheCorporationsAct,part
2D.6—detailsadequate to identify the grounds for the
disqualification.32Resignation(1)The
chief executive officer may resign office by signed noticegiven to the Minister.(2)The
resignation takes effect—(a)on the day the
notice is given; or(b)if a later day is stated in the
notice—on the later day.Current as at [Not applicable]Page
41
Notauthorised—indicativeonlyRural and Regional Adjustment Act
1994Part 5 Staff of the authority[s
33]33Vacancy in officeThe office of
the chief executive officer becomes vacant if thechief executive officer—(a)completes a term of office and is not
reappointed; or(b)isdisqualifiedfromcontinuingasthechiefexecutiveofficer under section 30; or(c)resigns office under section 32;
or(d)is removed from office.34Acting chief executive officer(1)This section applies if—(a)the office of the chief executive
officer is vacant; or(b)thechiefexecutiveofficerisabsentfromdutyorisotherwise unable to perform the
functions of the office.(2)The board may
appoint a person, who is not disqualified frombecoming the
chief executive officer under section 30, to actin
the office.(3)This section does not limit the
Governor in Council’s powerundertheActsInterpretationAct1954,section 24Bor25(1)(b).35Restrictions on engaging in paid employment
etc.The chief executive officer must not,
without the board’s priorwritten approval—(a)engage in paid employment outside the
responsibilitiesof the office of the chief executive
officer; or(b)actively take part in the activities
of a business, or in themanagement of a corporation carrying
on a business.Page 42Current as at
[Not applicable]
Notauthorised—indicativeonlyRural
and Regional Adjustment Act 1994Part 5 Staff of
the authority[s 35A]35AChief
executive officer to prepare business plan(1)Withoutlimitingsection 27(4),thechiefexecutiveofficermust—(a)prepare a business plan for each year;
and(b)give the plan to the board by 31 March
in the year forwhich the plan is prepared.(2)The business plan must cover the
authority’s operations fortheyearinwhichtheplanispreparedandthefollowing2years.35BPreservation of rights(1)Thissectionappliesifapersonwhoisapublicsectoremployee is
appointed as the chief executive officer.(2)The
person keeps all rights accrued or accruing to the personas a
public sector employee as if service as the chief executiveofficerwereacontinuationofserviceasapublicsectoremployee.(3)Attheendoftheperson’stermofofficeorresignationaschiefexecutiveofficer,theperson’sserviceasthechiefexecutiveofficeristakentobeserviceofalikenaturefordeciding the person’s rights as a
public sector employee.(4)In this
section—publicsectoremployeeseethePublicSectorAct2022,section 12.Division 2Staffing the authority36Authority staff(1)Theauthoritymayengagetheemployeesitconsidersnecessary to
perform its functions.(2)Theauthoritymaydecideitsemployees’conditionsofemployment.Current as at
[Not applicable]Page 43
Notauthorised—indicativeonlyRural and Regional Adjustment Act
1994Part 5 Staff of the authority[s
37](3)However,subsection
(2)haseffectsubjecttoanyrelevantindustrial instrument.(4)The
authority’s employees are to be employed under this Act,and
not under thePublic Sector Act 2022.(5)In subsection (2)—conditions of
employmentincludes conditions about durationof
the employment and ending the employment.37Alternative staffing arrangementsTheauthoritymayarrangewiththechiefexecutiveofadepartment, an
authority of the State or a government ownedcorporation, for
the services of officers or employees of thedepartment,
authority or corporation to be made available tothe
authority.Division 3Conflict of
interest38Disclosure of interests(1)This section applies to an officer of
the authority if—(a)theofficer,orapersonwho,undertheregulations,isrelated to the officer, has a direct or
indirect financialinterest in an issue being decided, or about
to be decidedby the authority (whether or not under a
delegation fromthe authority); and(b)the
interest could conflict with the proper performanceof
the officer’s duties about the decision.(2)As
soon as practicable after the officer becomes aware of thefacts causingthis section to
apply to the officer, the officermust disclose
the nature of the interest to the authority.Page 44Current as at [Not applicable]
Part
5ARural and Regional Adjustment Act 1994Part
5A Review of decisions[s 38A]Review of
decisionsNotauthorised—indicativeonlyDivision 1Preliminary38ADefinitions for partIn this
part—affected person, in relation to
a decision, means—(a)ifthedecisionisanoriginaldecision—apersonwhomust be given an information notice
for the decision; or(b)ifthedecisionisaninternalreviewdecision—theperson who
applied for the internal review.internal
review, of an original decision, see section
38C(1).internal review decisionmeans a decision
made, or taken tohavebeenmade,undersection 38Eonanapplicationforinternal review of an original
decision.original assistance decisionmeans a decision of the authorityunder section 12(1)(a), (b), (c), (d) or
(e).original decisionmeans an
original assistance decision or anoriginal
recovery decision.original recovery decisionmeans a decision of the authorityunder section 12B(1).QCATinformationnotice,foraninternalreviewdecision,meansanoticecomplyingwiththeQCATAct,section 157(2).Division 2Internal review38BReview process for original recovery
decisions muststart with internal reviewAnaffectedpersonforanoriginalrecoverydecisionmayapply to QCAT for a review of the
decision only if a decisionCurrent as at
[Not applicable]Page 45
Notauthorised—indicativeonlyRural and Regional Adjustment Act
1994Part 5A Review of decisions[s
38C]on an application for internal review of the
original recoverydecision has been made, or is taken to have
been made, underthis division.38CWho
may apply for internal review(1)An
affected person for an original decision may apply to thechief executive officer for a review of the
decision under thisdivision (aninternal
review).(2)Iftheaffectedpersonhasnotbeengivenaninformationnotice for the
original decision, the affected person may askthe authority
for an information notice for the decision.(3)Afailurebytheauthoritytogivetheaffectedpersonaninformation notice for the original
decision does not limit orotherwise affect the person’s right to
apply for internal reviewof the decision.38DRequirements for application(1)Anapplicationforinternalreviewofanoriginaldecisionmust—(a)be in the approved form; and(b)for a person who has been given an
information noticefor the decision—include enough information
to enablethe chief executive officer to decide the
application; and(c)be made to the chief executive officer
within—(i)forapersonwhohasbeengivenaninformationnotice for the
decision—30 business days after theday the person
is given the notice; or(ii)for a person who
has not been given an informationnotice for the
decision—30 business days after theday the person
becomes aware of the decision.(2)Thechiefexecutiveofficermay,atanytime,extendtheperiod within which the application may be
made.Page 46Current as at
[Not applicable]
Notauthorised—indicativeonlyRural
and Regional Adjustment Act 1994Part 5A Review of
decisions[s 38E](3)Subjecttodivision 3,theapplicationdoesnotaffecttheoperationoftheoriginaldecisionorpreventthedecisionbeing
implemented.Note—Division 3
provides for a stay of an original decision.38EInternal review(1)Thechiefexecutiveofficermust,within30businessdaysafter receiving an application for internal
review of an originaldecision—(a)review the original decision; and(b)decide to—(i)confirm the original decision; or(ii)amend the
original decision; or(iii)substituteanotherdecisionfortheoriginaldecision;
and(c)give the affected person for the
original decision—(i)foranoriginalassistancedecision—anoticestating the following—(A)the
internal review decision;(B)the reasons for
the internal review decision;Note—See
theActs Interpretation Act 1954,
section 27Bfor matters that must be included with the
reasons.(C)that the internal review decision is
final andtheaffectedpersonhasnofurtherrightofreview under this part; or(ii)foranoriginalrecoverydecision—aQCATinformation notice.(2)Thechiefexecutiveofficerandtheaffectedpersonmay,beforetheperiodstatedinsubsection (1)ends,agreetoaCurrent as at [Not applicable]Page
47
Notauthorised—indicativeonlyRural and Regional Adjustment Act
1994Part 5A Review of decisions[s
38F]longer period for the chief executive
officer to comply withthe subsection.(3)The
application may be dealt with only by a person who—(a)did not make the original decision;
and(b)holds a more senior office than the
person who made theoriginal decision.(4)Subsection (3) does not apply to an original
decision made bythe chief executive officer
personally.(5)If the chief executive officer does
not give the affected personanoticeundersubsection (1)(c)withintheperiodrequiredundersubsection
(1),oralongerperiodagreedundersubsection (2),
the chief executive officer is taken to confirmthe original
decision.Division 3Staying
operation of originaldecision38FStay
of operation of original decision on internal review(1)Anapplicationforinternalreviewofanoriginaldecisionstays the
operation of the decision.(2)Iftheoperationofanoriginaldecisionisstayedundersubsection (1),thestayoperatesuntilthechiefexecutiveofficerdecidestheapplicationforinternalreviewofthedecision.Division 4External
review38GApplying for external review(1)This section applies to a person who
must be given a QCATinformationnoticeforaninternalreviewdecisionofanoriginal
recovery decision.Page 48Current as at
[Not applicable]
Notauthorised—indicativeonlyRural
and Regional Adjustment Act 1994Part 6
Miscellaneous[s 38H](2)The
person may apply to QCAT, as provided under the QCATAct,
for a review of the internal review decision.Note—The
QCAT Act, section 22(3) enables QCAT to stay the operation
ofthe internal review decision, either on
application by a person or on itsown
initiative.Part 6MiscellaneousDivision 1Criminal history38HCriminal history report(1)To
decide whether a person is disqualified from becoming orcontinuingasanappointeddirectororthechiefexecutiveofficer, the
Minister may ask the police commissioner for—(a)a
written report about the criminal history of the person;and(b)a brief
description of the circumstances of a convictionmentioned in the criminal history.(2)However,theMinistermaymaketherequestonlyiftheperson has given
the Minister written consent for the request.(3)The
police commissioner must comply with the request.(4)However, the duty to comply applies
only to information inthepossessionofthepolicecommissionerortowhichthepolice commissioner has access.(5)In this section—criminalhistory,ofaperson,meanstheperson’scriminalhistory as defined under theCriminal Law (Rehabilitation ofOffenders) Act 1986, other than
spent convictions.Current as at [Not applicable]Page
49
Notauthorised—indicativeonlyRural and Regional Adjustment Act
1994Part 6 Miscellaneous[s 38I]38IChanges in criminal history must be
disclosed(1)This section applies if a person, who
is an appointed directororthechiefexecutiveofficer,isconvictedofanindictableoffence during
the term of the person’s appointment.(2)The
person must, unless the person has a reasonable excuse,immediatelygivetheMinisternoticeundersubsection
(3)about the conviction.Maximum
penalty—100 penalty units.(3)The notice must
state—(a)the existence of the conviction;
and(b)when the offence was committed;
and(c)details adequate to identify the
offence; and(d)the sentence imposed on the
person.38JConfidentiality of criminal history
information(1)This section applies to a person
who—(a)is or has been—(i)the
Minister or a member of the Minister’s staff; or(ii)apublicserviceemployeeperformingfunctionsunder, or relating to the administration of,
this Act;and(b)in that
capacity, has acquired or has access to criminalhistory information.(2)The
person must not disclose the criminal history informationto
anyone else, or use the criminal history information, otherthan
under subsection (3).Maximum penalty—100 penalty
units.(3)Thepersonmaydiscloseorusethecriminalhistoryinformation—(a)to
the extent the disclosure or use—Page 50Current as at [Not applicable]
Notauthorised—indicativeonlyRural
and Regional Adjustment Act 1994Part 6
Miscellaneous[s 38K](i)isnecessarytoperformtheperson’sfunctionsunder, or relating to the administration of,
this Act;or(ii)isotherwiserequiredorpermittedbythis
Actoranother law; or(b)withtheconsentofthepersontowhomthecriminalhistory
information relates.(4)A person who
possesses a report given to the Minister undersection
38HoranoticegiventotheMinisterundersection 38Imustensurethereportornoticeisdestroyedassoon
as practicable after it is no longer needed for the purposefor
which it was given.(5)In this section—criminalhistoryinformationmeansinformationcontainedin—(a)a report given
to the Minister under section 38H; or(b)a
notice given to the Minister under section 38I.discloseincludes give access to.Division 2Other provisions38KDelegations(1)Theauthoritymaydelegatetheauthority’sfunctionsunderthis Act or
another Act to—(a)a director; or(b)an
appropriately qualified officer of the authority.(2)A director, other than an appointed
director, may delegate thedirector’sfunctionsunderthisAct,includingafunctionsubdelegatedundersubsection (1)(a),toanappropriatelyqualified senior
executive employed in the public service.(3)Thechiefexecutiveofficer may,withtheboard’sapproval,delegate the chief executive officer’s
functions under this ActCurrent as at [Not applicable]Page
51
Notauthorised—indicativeonlyRural and Regional Adjustment Act
1994Part 6 Miscellaneous[s 39]oranotherAct,includingafunctionsubdelegatedundersubsection (1)(b),toanappropriatelyqualifiedemployeeofthe
authority.(4)In this section—functionincludes a power.39Duty
to act honestly(1)This section applies to a person who
is a director or an officerof the
authority.(2)A person to whom this section applies
must at all times acthonestlyintheexerciseoftheperson’spowersandthedischarge of the
person’s duties.Maximum penalty—200 penalty units.40Disclosure of informationApersonmustnotdiscloseinformationobtainedintheadministration
of this Act (or another Act giving functions tothe authority)
unless the disclosure is made—(a)withtheagreementofthepersonfromwhomtheinformation was obtained; or(b)for the administration of this Act (or
another Act givingfunctions to the authority); or(c)in legal proceedings; or(d)undertheCrimeandCorruptionAct2001ortheOmbudsman Act 2001; or(e)with another lawful excuse.Maximum penalty—100 penalty units.Page
52Current as at [Not applicable]
Notauthorised—indicativeonlyRural
and Regional Adjustment Act 1994Part 6
Miscellaneous[s 41]41False
or misleading information(1)A person must
not for the purposes of this Act, including forthepurposeofanapplicationforfinancialassistanceunderthis
Act—(a)state anything the person knows is
false or misleading ina material particular; or(b)omitfromastatementanythingwithoutwhichthestatement is, to the person’s
knowledge, misleading in amaterial particular.Maximum penalty—200 penalty units.(2)It is enough for a complaint against a
person for an offenceagainstsubsection
(1)(a)or(b)tostatethatthestatementmade was false
or misleading to the person’s knowledge.42False
or misleading documents(1)A person must
not, for the purposes of this Act, including forthepurposeofanapplicationforfinancialassistanceunderthisAct,givetotheauthorityadocumentcontaininginformationthepersonknowsisfalse,misleadingorincomplete in a material particular.Maximum penalty—200 penalty units.(2)Subsection (1) does not apply to a
person who, when givingthe document—(a)informs the authority, to the best of the
person’s ability,how it is false, misleading or incomplete;
and(b)if the person has, or can reasonably
obtain, the correctinformation—givesthecorrectinformationtotheauthority.(3)It
is enough for a complaint against a person for an offenceagainstsubsection
(1)tostatethatthedocumentwasfalse,misleading or
incomplete to the person’s knowledge.Current as at
[Not applicable]Page 53
Rural
and Regional Adjustment Act 1994Part 7 Savings,
transitional and validation provisions for Act No. 50 of
1994[s 43]43Approved formsThe chief
executive officer may approve forms for use underthis
Act.Notauthorised—indicativeonly44Regulation-making
powerTheGovernorinCouncilmaymakeregulationsunderthisAct.45Review of Act(1)The
Minister must, within each period of 10 years after 1 July2013, review this Act to decide whether its
provisions remainappropriate.(2)The
Minister must, as soon as practicable after finishing eachreview, table a report about the outcome of
the review in theLegislative Assembly.Part 7Savings, transitional andvalidation provisions for ActNo.
50 of 1994Division 2Transitional
references46Application of divisionThis
division applies to references in Acts in existence at itscommencement.47References to ActsAreferencetoanyofthefollowing Actsistakentobeareference to
this Act—•Agricultural Bank (Loans) Act
1959Page 54Current as at
[Not applicable]
Rural
and Regional Adjustment Act 1994Part 8 Other
repeal, savings and transitional provisions[s 52]•Co-ordination of Rural Advances and
Agricultural BankAct 1938•Farmers’ Assistance (Debts Adjustment) Act
1967•Farm Water Supplies Assistance Act
1958•Primary Producers’ Assistance Act
1972.Notauthorised—indicativeonlyPart
8Other repeal, savings andtransitional provisionsDivision 1Transitional provisions for RuralAdjustment Authority AmendmentAct
200452Continuance of authorityTheQueenslandRuralAdjustmentAuthorityestablishedunderthisAct,asinforceimmediatelybeforethecommencementofthissection,iscontinuedinexistenceasQRAA.53Transitional appointments of directors of
board(1)Thissectionappliestoapersonholdingappointmentasadirectorimmediatelybeforethecommencementofthissection.(2)The term of appointment stated in the
person’s instrument ofappointment as a director continues to
apply as if section 17hadnotbeenamendedbytheRuralAdjustmentAuthorityAmendment Act 2004.54Existing approved assistance
schemes(1)A transitionalschemeis,forthetransitionalperiodforthescheme, taken to
be an approved assistance scheme.Current as at
[Not applicable]Page 55
Notauthorised—indicativeonlyRural and Regional Adjustment Act
1994Part 8 Other repeal, savings and transitional
provisions[s 55](2)A
transitional scheme may be read with the changes necessaryto—(a)make it
consistent with this Act; and(b)adapt its operation to the provisions of
this Act.(3)In this section—transitionalperiod,foratransitionalscheme,meanstheperiod from the commencement of this section
until—(a)2 years after the commencement;
or(b)thetransitionalschemeisearlierapprovedundersection
11(1)(c).transitional schememeans an
approved assistance scheme inexistenceunderthisActimmediatelybeforethecommencement of this section.Division 2Transitional
provisions for FarmBusiness Debt Mediation Act 201755Authority continuesTheQRAAestablishedunderthisAct,asinforceimmediately before this section commenced,
is continued asthe Queensland Rural and Industry
Development Authority.56References to
QRAAIn an Act or other document, a reference to
QRAA, may, if thecontext permits, be taken to be a reference
to the QueenslandRural and Industry Development
Authority.Page 56Current as at
[Not applicable]
Notauthorised—indicativeonlyDivision 3Rural and
Regional Adjustment Act 1994Part 8 Other
repeal, savings and transitional provisions[s 57]Repeal, savings and transitionalprovisions for repeal of QueenslandAgricultural Training Colleges Act2005Subdivision
1Repeal57RepealTheQueenslandAgriculturalTrainingCollegesAct2005,No. 20 is
repealed.Subdivision 2Savings and
transitional provisions58Definitions for
subdivisionIn this subdivision—QATCmeans the Queensland Agricultural Training
CollegesinexistenceundertherepealedActbeforethecommencement.repealedActmeanstherepealedQueenslandAgriculturalTraining
Colleges Act 2005.59Words have
meanings given by repealed ActWords defined
under the repealed Act immediately before itsrepeal and used
in this subdivision have the same meanings asthey had under
the repealed Act.60QATC and other entities(1)On the commencement—(a)QATC and its board are dissolved;
andCurrent as at [Not applicable]Page
57
Notauthorised—indicativeonlyRural and Regional Adjustment Act
1994Part 8 Other repeal, savings and transitional
provisions[s 61](b)QATC’s principal executive officer and each
member ofits board go out of office; and(c)eachboardcommittee,ifany,isdissolvedandeachmember of the
board committee goes out of office; and(d)each
college board, if any, is dissolved and each memberof
the college board goes out of office; and(e)a
college director goes out of office.(2)Nocompensationispayabletoapersonbecauseofsubsection (1).(3)To
remove any doubt, it is declared that subsection (2) doesnot
limit or otherwise affect a person’s right to a benefit orentitlement that had accrued before the
commencement.61State is successor in law of
QATC(1)The State is the successor in law of
QATC.(2)Subsection (1)isnotlimitedbyanotherprovisionofthissubdivision.62Assets and liabilitiesOnthecommencement,theassetsandliabilitiesofQATCimmediatelybeforethecommencementbecomeassetsandliabilities of the State held in the
department.63Records and other documentsOn
the commencement, QATC’s records and other documentsheldbyQATCimmediatelybeforethecommencementbecome records
and other documents of the State held in thedepartment.64Current instruments(1)This
section applies to a contract or other instrument to whichQATCwasaparty,orthatotherwiseappliedtoQATC,Page 58Current as at [Not applicable]
Notauthorised—indicativeonlyRural
and Regional Adjustment Act 1994Part 8 Other
repeal, savings and transitional provisions[s 65]immediatelybeforethecommencement(acurrentinstrument).(2)The State is a party to the current
instrument, or the currentinstrument otherwise applies to the
State, in place of QATC.(3)Without limiting
subsection (2)—(a)anyright,title,interestorliabilityofQATCarisingunder or relating to a current instrument is
a right, title,interest or liability of the State;
and(b)acurrentinstrument,includingabenefitorrightprovidedbyacurrentinstrument,givento,byorinfavour of QATC before the commencement
is taken tohave been given to, by or in favour of the
State; and(c)an application relating to a current
instrument made inthe name of QATC before the commencement is
takento have been made in the name of the State;
and(d)a current instrument under which an
amount is, or maybecome,payabletoorbyQATCistakentobeaninstrument under
which the amount is, or may become,payable to or by
the State in the way the amount was, ormight have
become, payable to or by QATC; and(e)acurrentinstrumentunderwhichproperty,otherthanmoney,isormaybecomeliabletobetransferred,conveyed or
assigned to or by QATC is taken to be aninstrumentunderwhichpropertyis,ormaybecomeliable to be,
transferred, conveyed or assigned to or bytheStateinthewaythepropertywas,ormighthavebecome, liable to be transferred, conveyed
or assignedto or by QATC.(4)This
section applies subject to section 69.65References to QATCIn an Act or
document, a reference to QATC is, if the contextpermits, taken to be a reference to the
State.Current as at [Not applicable]Page
59
Rural
and Regional Adjustment Act 1994Part 8 Other
repeal, savings and transitional provisions[s 66]66Current proceedings(1)This section applies to a proceeding
that, immediately beforethe commencement, had not ended and to
which QATC was aparty.(2)Onthecommencement,theStatebecomesapartytotheproceeding in place of QATC.Notauthorised—indicativeonly67Proceedings not
yet started(1)Thissectionappliesif,immediatelybeforethecommencement, a proceeding could have
been started by oragainst QATC within a particular
period.(2)The proceeding may be started by or
against the State withinthe period.68Registering authority to note transfer or
other dealing(1)A registeringauthoritymust,onwrittenapplicationbythechief executive and without charge,
register or record in theappropriate way a transfer of, or
other dealing affecting, anasset, liability
or instrument under this subdivision.(2)Thechiefexecutivemustcomplywithanyrelevantproceduresrequiredbytheregisteringauthorityforthepurposeofregisteringorrecordingthetransferorotherdealing.(3)In this section—registering
authoritymeans the registrar of titles or
anotherentityrequiredorauthorisedbylawtoregisterorrecordtransactions
affecting assets, liabilities or instruments.69Matters relating to employment(1)On the commencement—(a)a person who, immediately before the
commencement,isemployedbyQATConapermanentfull-timeorpermanentpart-timebasis,otherthantheprincipalPage 60Current as at [Not applicable]
Notauthorised—indicativeonlyRural
and Regional Adjustment Act 1994Part 8 Other
repeal, savings and transitional provisions[s 70]executive officer or a college director,
becomes a publicservice employee of the department;
and(b)aworkperformancearrangement,undersection 15oftherepealedAct,betweenQATCandanothergovernment
entity ends; and(c)despitetheprovisionsoftheIndustrialRelationsAct2016, the following
instruments stop having effect—(i)the
instrument called the ‘Queensland AgriculturalTraining
Colleges Certified Agreement 2016’;(ii)the
instrument called the ‘Queensland AgriculturalColleges
Award—State 2015’.(2)The change of employer under
subsection (1)(a) does not—(a)interrupt a person’s continuity of service;
or(b)prejudiceanemployee’sexistingoraccruingrighttolong service leave; or(c)constituteaterminationofemploymentbyQATC,retrenchment or
redundancy; or(d)entitleapersontoapaymentorotherbenefitmerelybecause the
person is no longer employed by QATC.70Effect on legal relationships(1)A thing done under this
subdivision—(a)doesnotmaketheStateliableforacivilwrongoracontravention of a law or for a breach
of a contract orconfidence; and(b)doesnotmaketheStateinbreachofanyinstrument,includinganinstrumentprohibiting,restrictingorregulating the assignment, novation or
transfer of a rightor liability or the disclosure of
information; and(c)does not fulfil a condition
that—(i)terminates,orallowsapersontoterminate,aninstrument or obligation; orCurrent as at [Not applicable]Page
61
Notauthorised—indicativeonlyRural and Regional Adjustment Act
1994Part 8 Other repeal, savings and transitional
provisions[s 71](ii)modifies,orallowsapersontomodify,theoperation or effect of an instrument or
obligation;or(iii)allows a person
to avoid or enforce an obligation orliabilitycontainedinaninstrumentorrequiresapersontoperformanobligationcontainedinaninstrument;
or(iv)requiresanymoneytobepaidbeforeitsstatedmaturity;
and(d)doesnotreleaseasuretyorotherobligee,whollyorpartly, from an obligation.(2)If, apart from this subsection, the
advice, consent or approvalof a person
would be necessary to do something under thissubdivision, the
advice is taken to have been obtained or theconsentorapprovalistakentohavebeengivenunconditionally.(3)Ifgivingnoticetoapersonwouldbenecessarytodosomething under this subdivision, the
notice is taken to havebeen given.(4)A
reference in this section to the State includes an employeeor
agent of the State.Division 4Transitional
provisions for Ruraland Regional AdjustmentAmendment Act 202671Interpretation for division(1)In this division—amendment
ActmeanstheRuralandRegionalAdjustmentAmendment Act
2026.approved schememeans a scheme,
or part of a scheme, to theextent the
scheme or part was an approved scheme that was ineffectimmediatelybeforethecommencementunderformerschedule 1,
definitionapproved scheme.Page
62Current as at [Not applicable]
Notauthorised—indicativeonlyRural
and Regional Adjustment Act 1994Part 8 Other
repeal, savings and transitional provisions[s 72]former,inrelationtoaprovisionofthisAct,meanstheprovisionasinforcefromtimetotimebeforethecommencement.new, in
relation to a provision of this Act, means the provisionas
in force from the commencement.schemeschedule,foranapprovedscheme,orpartofanapprovedscheme,meansascheduleoftheRuralandRegionalAdjustmentRegulation2011that,immediatelybefore the
commencement, set out the scheme or part in detailunder former section 11(2).(2)AreferenceinthisdivisiontothenumberofaschemescheduleisareferencetotheschemeschedulewiththatnumberintheRuralandRegionalAdjustmentRegulation2011as
in force immediately before the commencement.72Continuation of particular approved schemes
asguideline schemes approved by the
Minister(1)This section applies in relation to an
approved scheme, or partofanapprovedscheme,ifimmediatelybeforethecommencement the detail of the scheme
or part was set out inany of the following scheme
schedules—(a)2, 3, 4, 5, 7, 8 or 9;(b)15;(c)21,
23, 24 or 26;(d)32, 33 or 39;(e)40,
43, 44, 46, 47 or 49;(f)56;(g)61, 63, 64, 65, 66, 67 or 68;(h)aschemeschedulethatcommencesonoraftertheintroductionday,unlesstheschemescheduleisprescribed for this paragraph by a
transitional regulationunder section 81.Current as at
[Not applicable]Page 63
Notauthorised—indicativeonlyRural and Regional Adjustment Act
1994Part 8 Other repeal, savings and transitional
provisions[s 73](2)Fromthecommencement,theschemeorpartcontinuesineffect under new part 3 as if—(a)the scheme or part were a scheme or
part mentioned innewsection 10B(1)(a)thathasbeenapprovedbytheMinister under
new section 10B(3); and(b)theschemeschedulewereaguidelinemadeandpublished by the authority under new
section 10C; and(c)anythingdoneforthepurposesoftheschemeorpartbefore the
commencement were done for the purposesof the scheme or
part as it continues in effect under newpart 3.(3)Subsection (2)doesnotpreventtheguidelinementionedinsubsection (2)(b)beingreplacedorvariedundernewsection 11Borthemakingofaminorvariationtotheguideline under
new section 11C.(4)In this section—introduction
daymeans the day the Bill for the
amendmentAct was introduced into the Legislative
Assembly.73Continuation of other approved schemes
established byparticular entities(1)Thissectionappliesinrelationtoanapprovedscheme,approvedunderformersection
11(4),that,immediatelybefore the
commencement, was set out in any of the followingdocuments published by the authority—(a)thedocumentcalled‘FarmFinance:ConcessionalLoans
Scheme—Scheme Guidelines for Queensland’;(b)thedocumentcalled‘DroughtConcessionalLoansScheme—Scheme Guidelines for
Queensland’;(c)thedocumentcalled‘HorticulturalNettingProgram—Trial Expansion—Guidelines’.(2)Fromthecommencement,theschemecontinuesineffectunder new part 3
as if—Page 64Current as at
[Not applicable]
Rural
and Regional Adjustment Act 1994Part 8 Other
repeal, savings and transitional provisions[s 74](a)theschemewereaschemementionedinnewsection
10B(1)(b)thathasbeenapprovedbytheMinister under
new section 10B(3); and(b)anything done
for the purposes of the scheme before thecommencementweredoneforthepurposesofthescheme as it continues in effect under
new part 3.Notauthorised—indicativeonly74Continuation of Primary Industry
ProductivityEnhancement Scheme(1)This
section applies if, on the commencement, a scheme thatis
the same as, or substantially similar to, the Primary
IndustryProductivity Enhancement Scheme is approved
by regulationunder new section 11.(2)From
the commencement, anything done for the purposes ofthePrimaryIndustryProductivityEnhancementSchemebefore the commencement is taken to have
been done for thepurposesoftheschemeapprovedbyregulationundernewsection 11.(3)In
this section—Primary Industry Productivity Enhancement
Schememeanstheapprovedschemethat,immediatelybeforethecommencement, was set out in scheme
schedule 1.75Repealed approved schemes(1)Thissectionappliesinrelationtoanapprovedscheme(arepealed approved scheme)
if—(a)the scheme was approved under former
section 11(1)(c)or(4),orauthorisedunderformersection
11A,fromtime to time
before the commencement; and(b)onthecommencement,theschemeendsbecauseitisnot provided for under section 72, 73
or 74.(2)Newsections
12Bto13Capplyinrelationtofinancialassistance given
under the repealed approved scheme as if areferenceinthoseprovisionstoanapprovedassistanceCurrent as at
[Not applicable]Page 65
Notauthorised—indicativeonlyRural and Regional Adjustment Act
1994Part 8 Other repeal, savings and transitional
provisions[s 76]scheme,oranauthorisedexternalscheme,includedareference to the repealed approved
scheme.(3)Forthepurposesofsubsection (2),arequirementundertherepealed approved scheme to keep
information continues toapply, despite the ending of the
scheme, for 1 year after thecommencement.76Existing appointments(1)This
section applies to a person who, immediately before thecommencement, held any of the following
offices—(a)a director appointed under former
section 16(1)(c);(b)the chairperson appointed under former
section 16(2);(c)thechiefexecutiveofficerappointedunderformersection
29.(2)The person continues to be appointed
to the office under thisAct, as amended by the amendment Act,
on the same termsandconditionsofappointmentthatappliedtothepersonimmediately
before the commencement.(3)Fortheapplicationofsubsection (2)tothechiefexecutiveofficer, the conditions of appointment that
were fixed by theauthority under former section 34 and that
applied to the chiefexecutive officer immediately before
the commencement aretakentohavebeendecidedbytheboardundernewsection 29.77Existing internal review applications(1)This section applies in relation to an
application for internalreviewmade,butnotdecided,underformersection 13Abefore the
commencement.(2)Formerpart 3Acontinuestoapplyinrelationtotheapplication as if the amendment Act
had not been enacted.Page 66Current as at
[Not applicable]
Notauthorised—indicativeonlyRural
and Regional Adjustment Act 1994Part 8 Other
repeal, savings and transitional provisions[s 78]78Continued application of former s
43(1)This section applies if—(a)before the commencement, the authority
gave a person anotice,underformersection
43,callingupaloanorother amount given as the financial
assistance; and(b)immediately before the commencement,
the notice hadnot been complied with.(2)Former section 43 continues to apply in
relation to the callingup of the loan or other amount as if
the amendment Act hadnot been enacted.(3)If,
after the commencement, the authority takes action underformersection
43(2)ascontinuedineffectundersubsection (2),thedecisiontotakeactionistakentobeanoriginal
recovery decision under new part 5A.79Application of new s 16GNew section
16G(e) only applies in relation to meetings of theboard conducted after the
commencement.80Existing delegations(1)This section applies if—(a)immediately before the commencement, a
delegation ofa function or power by a person or entity
(adelegator)toanotherperson(adelegate)wasineffectunderformer section
16D, 27 or 35B; and(b)under new section 38K, the delegator
may delegate thefunction or power to the delegate.(2)Fromthecommencement,thedelegationcontinuestohaveeffect as if it
were a delegation of the function or power by thedelegator to the delegate under new section
38K.Current as at [Not applicable]Page
67
Notauthorised—indicativeonlyRural and Regional Adjustment Act
1994Part 8 Other repeal, savings and transitional
provisions[s 81]81Transitional regulation-making power(1)A regulation (atransitional
regulation) may make provisionabout—(a)a scheme schedule for section
72(1)(h); or(b)a matter for which—(i)itisnecessarytomakeprovisiontoalloworfacilitatethedoingofanythingtoachievethetransition from the operation of this Act,
as in forcebeforeitsamendmentbytheamendment Act,tothe
operation of this Act after its amendment by theamendment Act; and(ii)this
Act does not provide or sufficiently provide.(2)A
transitional regulation may have retrospective operation toa
day not earlier than the day this section commences.(3)Atransitionalregulationmustdeclareitisatransitionalregulation.(4)This
section and any transitional regulation expire on the daythat
is 1 year after the day this section commences.Page 68Current as at [Not applicable]
Schedule 1Rural and
Regional Adjustment Act 1994Schedule 1DictionaryNotauthorised—indicativeonlysection 4affectedperson,inrelationtoadecision,forpart
5A,seesection 38A.appointeddirectormeansapersonappointedasadirectorunder section 16(c).approvedassistanceschememeansafinancialassistancescheme, or part
of a financial assistance scheme, that is—(a)approvedbytheMinisterunderpart
3,division 2,subdivision 1;
or(b)approvedbyregulationunderpart
3,division 2,subdivision
2.authorisedexternalschememeansafinancialassistancescheme,orpartofafinancialassistancescheme,thatisauthorised by the Minister under part 3,
division 3.authoritymeanstheQueenslandRuralandIndustryDevelopment
Authority.authority’sassistancefundsmeansamountsheldbytheauthority, if the amounts have
been—(a)advanced to the authority, for giving
financial assistanceunderapprovedassistanceschemesorauthorisedexternal
schemes, by—(i)the State, the Commonwealth or another
State, oranentitythatrepresentstheState,theCommonwealth or another State; or(ii)anotherentity,underaschemeenteredintobetween the
entity and the State; or(b)paidtotheauthoritybypersonstowhomfinancialassistancehasbeengiven,whethertheassistancewasgiven before or after the commencement of
this Act; or(c)earned on—Current as at
[Not applicable]Page 69
Rural
and Regional Adjustment Act 1994Schedule 1Notauthorised—indicativeonlyPage 70(i)theinvestmentbytheauthorityoftheamountsmentioned in
paragraph (a) or (b); or(ii)loansmade,whetherbeforeorafterthecommencementofthisAct,ingivingfinancialassistance.boardmeans the board established under section
14.chairpersonmeansthepersonholdingofficeasthechairperson of the board under section
16C.chief executive officermeans the person
holding office as thechief executive officer of the
authority under section 27.confidential
information—(a)means any
information that—(i)could identify an individual;
or(ii)isaboutaperson’scurrentfinancialpositionorfinancialbackgroundandcouldreasonablybeexpected to result in the identification of
the personto whom it relates; or(iii)wouldbelikelytodamagethecommercialactivitiesofapersontowhomtheinformationrelates;
but(b)does not include—(i)information that is publicly available;
or(ii)aggregated,statisticalorotherinformationthatcould not reasonably be expected to result
in theidentification of the individual to whom it
relates.directorsee section
16.farmdebtmeansafarmbusinessdebtundertheFarmBusiness Debt
Mediation Act 2017, section 5.farmerseetheFarmBusinessDebtMediationAct2017,schedule 1.farming
businesssee theFarm Business
Debt Mediation Act2017, schedule
1.financial assistanceincludes—Current as at [Not applicable]
Notauthorised—indicativeonlyRural
and Regional Adjustment Act 1994Schedule 1(a)monetaryassistancegivenwithoutanyobligationtorepay it; and(b)monetary assistance given by way of a loan;
and(c)guaranteeing a loan; and(d)reducing or waiving a debt; and(e)giving a rebate, subsidy or
credit.financialassistanceschememeansascheme,orpartofascheme, if the main purpose of the
scheme or part is to givefinancial assistance to persons or
classes of persons.guidelinesee section
10C(1).information notice, for an
original decision, means a writtennotice stating
the following information—(a)the
decision;(b)the reasons for the decision;Note—See theActs
Interpretation Act 1954, section 27B for mattersthat
must be included with the reasons.(c)that
the person to whom the notice is given may ask fora
review of the decision under this Act;(d)how,andtheperiodwithinwhich,thereviewmaybestarted;(e)that,undersection 38F,anapplicationforaninternalreviewofthedecisionstaystheoperationofthedecision.internalreview,ofanoriginaldecision,forpart
5A,seesection 38C(1).internal review
decision, for part 5A, see section 38A.officerof the authority
means any of the following—(a)the
chief executive officer;(b)an authority
employee, whether or not there is a writtencontract of
employment between the authority and theemployee;Current as at [Not applicable]Page
71
Notauthorised—indicativeonlyRural and Regional Adjustment Act
1994Schedule 1(c)an
individual who performs services for the authority—(i)underacontract(otherthanacontractofemployment)betweentheindividualandtheauthority; or(ii)under an arrangement between the authority
and aperson (other than the individual).original assistance decision,
for part 5A, see section 38A.original
decision, for part 5A, see section 38A.original recovery decision,
for part 5A, see section 38A.part, of
a financial assistance scheme, includes a scheme to beadministered in stages over a period of
time.QCAT information notice, for part 5A,
see section 38A.regionalincludes fishing
and forestry.ruralincludes fishing
and forestry.rural debt surveysee section
13D(1).Page 72Current as at
[Not applicable]