An Act to amend the Rural and Regional Adjustment Act 1994 for particular purposesThe Parliament of Queensland enacts—1Short titleThis Act may be cited as the Rural and Regional Adjustment Amendment Act 2026.2CommencementThis Act commences on a day to be fixed by proclamation.3Act amendedThis Act amends the Rural and Regional Adjustment Act 1994.4Amendment of s 3 (Object of Act)(1)Section 3(1), ‘assistance schemes that foster’—omit, insert—financial assistance schemes, or parts of financial assistance schemes, that contribute to(2)Section 3(2)(a) and (b), ‘schemes to’—omit, insert—schemes or parts of schemes that(3)Section 3(2)(c), examples, ‘interstate’—omit, insert—external5Amendment of s 6 (Legal status of authority)Section 6—insert—Note—See also part 4, division 3 in relation to the application of the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982 to the authority.6Amendment of s 8 (Authority’s functions)(1)Section 8(1)(b) and (2)(c)(i), before ‘assistance’—insert—financial(2)Section 8(2)(b), ‘assistance funding’—omit, insert—the funding of financial assistance schemes(3)Section 8(2)(c)(iii), before ‘assistance,’—insert—financial(4)Section 8(2)(d)(i), before ‘assistance schemes’—insert—financial(5)Section 8(2)(e)(iii), before ‘assistance’—insert—financial(6)Section 8(2)(g), ‘interstate’—omit, insert—external(7)Section 8—insert—(3)Without limiting subsection (2)(j), a regulation prescribing a function 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 the function.
7Replacement of pt 3, hdg and ss 10 and 11Part 3, heading and sections 10 and 11—omit, insert—Part 3Financial assistance schemesDivision 1Preliminary10Purpose of partThis part provides for the giving of financial assistance under financial assistance schemes approved or authorised under this part.10AWhen financial assistance may be givenThe authority may give financial assistance to a person only under a financial assistance scheme, or part of a financial assistance scheme, that is—(a)approved by the Minister under division 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 Minister10B Approval of scheme by Minister(1)The Minister may approve a financial assistance scheme, or part of a financial assistance scheme, that is—(a)established in accordance with a guideline made and published by the authority under section 10C; or(b)established by 1 or more of the following entities—(i)the Commonwealth;(ii)another State;(iii)an entity that represents the State, the Commonwealth or another State.
(2)However, before giving approval under subsection (1), the Minister must be satisfied the purpose of the scheme or part is consistent with the object of this Act.(3)The scheme or part does not take effect until the Minister gives notice of the approval under subsection (1).(4)For a scheme or part mentioned in subsection (1)(a), the notice 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 part commences—the later day.
(6)A notice under subsection (3) is subordinate legislation.(7)An approval of a scheme or part mentioned in subsection (1)(a), or notice of the approval under subsection (3), is not invalid merely because the guideline does not substantially comply with section 10C(2) or (3).(8)This section does not apply to a financial assistance scheme, or part of a financial assistance scheme, prescribed by regulation for section 11(1).10C Making and publishing guidelines(1)The authority may, to further the object of this Act, make and publish a document (a guideline) setting out the details of a financial assistance scheme or part of a financial assistance scheme.(2)The guideline must state the following matters—(a)the version number of the guideline;(b)the purpose of the scheme or part;(c)details of the authority’s role in the administration of the scheme or part.
(3)For subsection (2)(c), the details of the authority’s role must include—(a)if the authority will decide applications for financial assistance under the scheme or part—(i)either or both of the following matters—(A)the persons or categories of persons who are eligible to receive financial assistance under the scheme or part; (B)the criteria for determining applications for financial assistance under the scheme or part; and
(ii)the processes for making and deciding applications for financial assistance under the scheme or part; andExample—requirements for eligibility notices or pre-approvals
(b)if the authority will give financial assistance under the scheme or part—each of the following matters—(i)the nature of the financial assistance;(ii)the amount, or the method of calculating the amount, of the financial assistance;(iii)if the financial assistance may be given by way of a 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 do any of the following—(a)state conditions on which financial assistance is given under the scheme or part;(b)provide for—(i)payments into the consolidated fund, another fund or departmental accounts of amounts of the authority’s assistance funds associated with the scheme 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 scheme or part;(d)provide for another matter the authority considers relevant to administering the scheme or part.
(5)In this section—customer service provisions, for a financial assistance scheme, or part of a financial assistance scheme, means provisions intended by the authority to improve the administration or accessibility of the scheme or part for particular applicants or classes of applicants.Examples—•provisions permitting flexible payment arrangements•provisions requiring or permitting payment of financial assistance to a person other than an applicant
Subdivision 2Approval by regulation11 Schemes required to be approved by regulation(1)A regulation may prescribe that any of the following may only be approved by regulation—(a)a particular financial assistance scheme, or part of a financial assistance scheme;(b)a particular type of financial assistance scheme, or part of a financial assistance scheme.
(2)If a financial assistance scheme, or part of a financial assistance, is prescribed under subsection (1)—(a)a regulation approving the scheme or part must describe the scheme or part in detail; and(b)a regulation may vary, replace or revoke the scheme or part.
Division 3Authorised external schemes8Amendment of s 11A (Authorisation for interstate schemes)(1)Section 11A, heading, ‘interstate’—omit, insert—external(2)Section 11A(1), ‘State.’—omit, insert—State if the scheme, or part of the scheme, is a financial assistance scheme.(3)Section 11A(2), ‘or a part of the scheme,’—omit, insert—or part,(4)Section 11A(3)(a), ‘foster’—omit, insert—contribute to(5)Section 11A(5), ‘part of the scheme.’—omit, insert—part.9Insertion of new pt 3, div 4 and div 5, hdgAfter section 11A—insert—Division 4Variation, replacement and revocation11BVariation, replacement or revocation by Minister(1)The Minister may approve—(a)a document made by the authority varying or replacing a guideline for a financial assistance scheme, or part of a financial assistance scheme, approved by the Minister under division 2, subdivision 1; or(b)the revocation of a financial assistance scheme, or part of a financial assistance scheme, approved by the Minister under division 2, subdivision 1.
(2)However, before giving approval to vary or replace a guideline under subsection (1)(a), the Minister must be satisfied that the purpose of the guideline as varied or replaced is consistent with the object of this Act.(3)The variation, replacement or revocation does not take effect until the Minister gives notice of the approval under subsection (1).(4)The variation, replacement or revocation commences on—(a)the day the notice commences; or(b)if the notice states a later day that the variation, replacement or revocation commences—the later day.
(5)A notice under subsection (3) is subordinate legislation.(6)An approval of a varied or replaced guideline under subsection (1)(a), or notice of the approval under subsection (3), is not invalid merely because the guideline does not substantially comply with section 10C(2) or (3).11C Authority may make minor amendments to guidelines(1)This section applies in relation to a guideline made and published by the authority under section 10C.(2)The authority may make a minor amendment to the guideline without the approval of the Minister.(3)An amendment of the guideline is a minor amendment if the amendment 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)publish the amended guideline, with the changed version number, on the authority’s website.
(5)The amendment takes effect on—(a)the day the amended guideline is published on the authority’s website; or(b)if a later day is stated in the amended guideline—the later day.
(6)The amendment does not affect any of the following in relation to the guideline or the approved assistance scheme to which 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 assistance schemes10Amendment of s 12 (Administering approved schemes)(1)Section 12, heading, ‘approved schemes’—omit, insert—approved assistance schemes and authorised external schemes(2)Section 12(1) and (2), ‘approved scheme’—omit, insert—approved assistance scheme or an authorised external scheme11Replacement of s 13 (Funding of approved schemes)Section 13—omit, insert—12AFunding of approved assistance schemes and authorised external schemesFinancial assistance given by the authority under an approved assistance scheme, or an authorised external scheme, must be drawn from the authority’s assistance funds.12B Authority may recover financial assistance(1)The authority may, by notice, decide to recover financial assistance given to a person under, or purportedly under, an approved assistance scheme or an authorised external scheme if—(a)the authority becomes aware the person has breached a condition on which the financial assistance was given to the person under the scheme; or(b)the following apply—(i)the authority—(A)reasonably believes the person contravened section 41 or 42; or(B)becomes aware of a mistake in giving the financial assistance to the person, even if the person has not contributed to the mistake;Example for sub-subparagraph (B)—an administrative or clerical error
(ii)the financial assistance would not have been given to the person but for the contravention or the making of the mistake.
(2)The notice given to the person must state—(a)the ground for recovery under subsection (1); and(b)the amount the person is required to repay, not exceeding the amount of the financial assistance; and(c)a reasonable period within which the person must repay the amount.
(3)Without limiting subsection (2), the notice must be an information notice for the decision.12CObligation to repay authority(1)A person given a notice under section 12B must repay the amount stated in the notice within the period stated in the notice.(2)A liability arising from a notice given under subsection (1) is—(a)a debt payable to the authority that may be recovered in a court of competent jurisdiction; and(b)if the notice is given to 2 or more persons—joint and several.
(3)The authority may enter into an arrangement with a person for the payment of an amount, stated in a notice given under section 12B, by instalments.(4)The arrangement may include provision for the payment of interest.12D Power to require production of document or certification of copy(1)The chief executive officer may require a person to make available for inspection by the chief executive officer, or to produce to the chief executive officer for inspection, at a reasonable time and place nominated by the chief executive officer—(a)a required document; or(b)if a required document or required information is kept, stored or recorded electronically—a document that is a clear written reproduction of the required document or required information.
(2)The chief executive officer may copy a document mentioned in subsection (1) or a part of the document.(3)If the chief executive officer copies a document mentioned in subsection (1), or a part of the document, the chief executive officer may require the person responsible for keeping the document to certify the copy as a true copy of the document or part.(4)The chief executive officer must not keep a document mentioned in subsection (1) after copying the document or a part of the document.(5)However, if a requirement is made of a person under subsection (3), the chief executive officer may keep the document until the person complies with the requirement.(6)In this section—required document, in relation to a person, means a document that 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.
required information, in relation to a person, means information required to be kept by the person under—(a)this Act; or(b)an approved assistance scheme; or(c)an authorised external scheme.
13 Offence to contravene production requirement or certification requirement(1)A person of whom a production requirement or certification requirement is made must comply with the requirement unless the person has a reasonable excuse.Maximum penalty—100 penalty units.(2)It is not a reasonable excuse for a person to fail to comply with a production requirement or a certification requirement on the basis that complying with the requirement might tend to—(a)incriminate the person; or(b)expose the person to a penalty; or(c)expose the person, or another person, to action for the recovery of financial assistance.
Note—See, however, section 13C.(3)The chief executive officer must inform the person, in a way that is reasonable in the circumstances, that—(a)the person must comply with the production requirement or the certification requirement even though 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 for the recovery of financial assistance; and
(b)if the person is an individual—there is a limited immunity under section 13C against the future use of the information or document given in compliance with the requirement.
(4)If the person does not comply with the production requirement or the certification requirement and the chief executive officer has failed to comply with subsection (3), the person may not be convicted of the offence against subsection (1).(5)If a court convicts a person of an offence against subsection (1), the court may, as well as imposing a penalty for the offence, order the person to comply with the production requirement or certification requirement.(6)In this section—production requirement means a requirement under section 12D(1).certification requirement means a requirement under section 12D(3).13A Power to require information(1)This section applies if the chief executive officer reasonably believes—(a)any of the following matters—(i)a ground for recovering financial assistance exists under section 12B;(ii)the authority needs to perform a function mentioned in section 12(1)(b), (c), (d) or (e);(iii)an offence against this Act has been committed; and
(b)a person may be able to give information about the matter.
(2)The chief executive officer may, by notice given to the person, require the person to give the chief executive officer by a stated reasonable time—(a)information related to the matter; or(b)if the information mentioned in paragraph (a) is kept, stored or recorded electronically—a clear written reproduction of the information.
(3)In this section—information includes a document.13B Offence to contravene information requirement(1)A person of whom a requirement is made under section 13A(2) must comply with the requirement unless the person has a reasonable excuse.Maximum penalty—100 penalty units.(2)It is a reasonable excuse for an individual not to give the information if giving the information might tend to incriminate the individual or expose the individual to a penalty.(3)However, it is not a reasonable excuse for an individual not to give the information if giving the information might tend to expose the person, or another person, to action for the recovery of financial assistance.13C Evidential immunity for individuals complying with particular requirements(1)Subsection (2) applies if an individual gives a document to the chief executive officer, or certifies a document for the chief executive officer, under section 12D.(2)Evidence of the document, and other evidence directly or indirectly derived from the document, is not admissible against the individual in any proceeding to the extent the evidence tends to incriminate the individual, or expose the individual to a penalty, in the proceeding.(3)Subsection (2) does not apply to a proceeding about the false or misleading nature of anything in the document or in which the false or misleading nature of the document is relevant evidence.(4)In this section—give includes make available for inspection and produce.12Omission of pt 3A (Review of decisions)Part 3A—omit.13Renumbering of pt 3B (Rural debt surveys and advisory services)Part 3B—renumber as part 3A.14Amendment of s 16 (Composition of board)Section 16(2) and (3)—omit.15Insertion of new ss 16AA–16AHAfter section 16—insert—16AA Term of appointment as director(1)An appointed director holds office for the term stated in the director’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 Council a term of appointment for a director unless the Minister is satisfied that the term is staggered against the appointment of other directors on the board so that, to the extent practicable, half of the terms of appointed directors will end every 18 months.(4)An appointed director may be reappointed.16AB Conditions of appointment as director(1)An appointed director is appointed on a part-time basis.(2)An appointed director is to be paid the remuneration and allowances decided by the Governor in Council.(3)An appointed director holds office on the terms and conditions, not provided for by this Act, decided by the Governor in Council.16AC Chairperson (1)The Governor in Council must appoint a person, who is an appointed director, as the chairperson.(2)The person holds office as chairperson for the term stated in the person’s instrument of appointment as chairperson.(3)The stated term must not end later than the person’s term as an appointed director.(4)However, the person’s appointment as chairperson ends if the person—(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)If the person resigns, or is removed, from office as chairperson, the person may, subject to section 16G, continue to hold office as an appointed director.(6)The Minister may appoint any director to act as the chairperson 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 of that office.
(7)Subsection (6) does not limit the Governor in Council’s power under the Acts Interpretation Act 1954, section 24B or 25(1)(b).16AD Disqualification of persons from appointment as directorA person is disqualified from becoming, or continuing as, an appointed director if the person—(a)has a conviction, other than a spent conviction, for an indictable 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 of the Corporations Act, part 2D.6; or(e)contravenes section 21; or(f)does not consent to the Minister requesting a report about the person’s criminal history under section 38H.
16AE Requirement to disclose particular matters about disqualification(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 of the Corporations Act, part 2D.6.
Note—See section 38I for the requirement to give notice of a change in the person’s criminal history.(2)The person must, unless the person has a reasonable excuse, immediately give the Minister notice under subsection (3) about becoming an insolvent under administration or being disqualified from managing corporations.Maximum penalty—100 penalty units.(3)The notice must state—(a)that the person has become an insolvent under administration or is disqualified from managing corporations because of the Corporations Act, part 2D.6; and(b)when the person became an insolvent or was disqualified; and(c)if the person is disqualified from managing corporations because of the Corporations Act, part 2D.6—details adequate to identify the grounds for the disqualification.
16AF Resignation(1)An appointed director may resign from office as a director, or the 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.
16AG Vacancy in officeAn appointed director’s office becomes vacant if the director—(a)completes a term of office and is not reappointed; or(b)is disqualified from continuing as an appointed director under section 16D; or(c)resigns office as an appointed director under section 16F; or(d)is removed from office; or(e)is absent from 3 consecutive meetings of the board of which proper notice has been given—(i)without the board’s permission; and(ii)without reasonable excuse.
16AH Acting 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 otherwise unable to perform the functions of the office.
(2)For subsection (1)(a), the office of an appointed director is vacant only if the office has previously been filled by an appointment made under section 16(c).(3)The Minister may appoint a person, who is not disqualified from becoming an appointed director under section 16D, to act in the office for a period of not longer than 6 months.(4)However, the Minister may extend the appointment for 1 further period of not longer than 6 months.(5)This section does not limit the Governor in Council’s power under the Acts Interpretation Act 1954, section 24B or 25(1)(b).16Renumbering of ss 16A–16CSections 16A to 16C—renumber as sections 17, 18 and 18A.17Renumbering of ss 16AA–16AHSections 16AA to 16AH—renumber as sections 16A to 16H.18Omission of s 16CA and pt 4, div 1ASection 16CA and part 4, division 1A—omit.19Replacement of pt 4, div 4, hdg (Other things about the authority)Part 4, division 4, heading—omit, insert—Division 4Miscellaneous20Omission of s 27 (Delegation)Section 27—omit.21Replacement of ss 28–35Sections 28 to 35—omit, insert—27Appointment(1)The authority must have a chief executive officer.(2)The chief executive officer is appointed by the Governor in Council.(3)The chief executive officer is appointed under this Act and not the Public Sector Act 2022.(4)The chief executive officer is responsible for ensuring the authority is managed as required by the policies of the board.28Term of appointment(1)The chief executive officer is appointed for the term stated in the 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 and allowances decided by the board.(2)The chief executive officer holds office on the terms and conditions, not provided for by this Act, decided by the board.30 DisqualificationA person is disqualified from becoming, or continuing as, the chief executive officer if the person—(a)has a conviction, other than a spent conviction, for an indictable offence; or(b)is an insolvent under administration; or(c)is disqualified from managing corporations because of the Corporations Act, part 2D.6; or(d)is an appointed director; or(e)contravenes section 38; or(f)does not consent to the Minister requesting a report about the person’s criminal history under section 38H.
31 Requirement to disclose particular matters about disqualification(1)This section applies if a person who is the chief executive officer—(a)becomes an insolvent under administration; or(b)is disqualified from managing corporations because of the Corporations Act, part 2D.6.
Note—See section 38I for the requirement to give notice of a change in the person’s criminal history.(2)The person must, unless the person has a reasonable excuse, immediately give the Minister notice under subsection (3) about becoming an insolvent under administration or being disqualified from managing corporations.Maximum penalty—100 penalty units.(3)The notice must state—(a)that the person has become an insolvent under administration or is disqualified from managing corporations because of the Corporations Act, part 2D.6; and(b)when the person became an insolvent or was disqualified; and(c)if the person is disqualified from managing corporations because of the Corporations Act, part 2D.6—details adequate to identify the grounds for the disqualification.
32Resignation(1)The chief executive officer may resign office 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.
33Vacancy in officeThe office of the chief executive officer becomes vacant if the chief executive officer—(a)completes a term of office and is not reappointed; or(b)is disqualified from continuing as the chief executive officer 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)the chief executive officer is absent from duty or is otherwise unable to perform the functions of the office.
(2)The board may appoint a person, who is not disqualified from becoming the chief executive officer under section 30, to act in the office.(3)This section does not limit the Governor in Council’s power under the Acts Interpretation Act 1954, section 24B or 25(1)(b).35Restrictions on engaging in paid employment etc.The chief executive officer must not, without the board’s prior written approval—(a)engage in paid employment outside the responsibilities of the office of the chief executive officer; or(b)actively take part in the activities of a business, or in the management of a corporation carrying on a business.
22Amendment of s 35A (Chief executive officer to prepare business plan)Section 35A(1), ‘section 28(2)’—omit, insert—section 27(4)23Replacement of s 35B (Delegation)Section 35B—omit, insert—35BPreservation of rights(1)This section applies if a person who is a public sector employee is appointed as the chief executive officer.(2)The person keeps all rights accrued or accruing to the person as a public sector employee as if service as the chief executive officer were a continuation of service as a public sector employee.(3)At the end of the person’s term of office or resignation as chief executive officer, the person’s service as the chief executive officer is taken to be service of a like nature for deciding the person’s rights as a public sector employee.(4)In this section—public sector employee see the Public Sector Act 2022, section 12.24Insertion of new pt 5AAfter part 5—insert—Part 5AReview of decisionsDivision 1Preliminary38ADefinitions for partIn this part—affected person, in relation to a decision, means—(a)if the decision is an original decision—a person who must be given an information notice for the decision; or(b)if the decision is an internal review decision—the person who applied for the internal review.
internal review, of an original decision, see section 38C(1).internal review decision means a decision made, or taken to have been made, under section 38E on an application for internal review of an original decision.original assistance decision means a decision of the authority under section 12(1)(a), (b), (c), (d) or (e).original decision means an original assistance decision or an original recovery decision.original recovery decision means a decision of the authority under section 12B(1).QCAT information notice, for an internal review decision, means a notice complying with the QCAT Act, section 157(2).Division 2Internal review38BReview process for original recovery decisions must start with internal reviewAn affected person for an original recovery decision may apply to QCAT for a review of the decision only if a decision on an application for internal review of the original recovery decision has been made, or is taken to have been made, under this division.38CWho may apply for internal review(1)An affected person for an original decision may apply to the chief executive officer for a review of the decision under this division (an internal review).(2)If the affected person has not been given an information notice for the original decision, the affected person may ask the authority for an information notice for the decision.(3)A failure by the authority to give the affected person an information notice for the original decision does not limit or otherwise affect the person’s right to apply for internal review of the decision.38DRequirements for application(1)An application for internal review of an original decision must—(a)be in the approved form; and(b)for a person who has been given an information notice for the decision—include enough information to enable the chief executive officer to decide the application; and(c)be made to the chief executive officer within—(i)for a person who has been given an information notice for the decision—30 business days after the day the person is given the notice; or(ii)for a person who has not been given an information notice for the decision—30 business days after the day the person becomes aware of the decision.
(2)The chief executive officer may, at any time, extend the period within which the application may be made.(3)Subject to division 3, the application does not affect the operation of the original decision or prevent the decision being implemented.Note—Division 3 provides for a stay of an original decision.38EInternal review(1)The chief executive officer must, within 30 business days after receiving an application for internal review of an original decision—(a)review the original decision; and(b)decide to—(i)confirm the original decision; or(ii)amend the original decision; or(iii)substitute another decision for the original decision; and
(c)give the affected person for the original decision—(i)for an original assistance decision—a notice stating the following—(A)the internal review decision;(B)the reasons for the internal review decision;Note—See the Acts Interpretation Act 1954, section 27B for matters that must be included with the reasons.(C)that the internal review decision is final and the affected person has no further right of review under this part; or
(ii)for an original recovery decision—a QCAT information notice.
(2)The chief executive officer and the affected person may, before the period stated in subsection (1) ends, agree to a longer period for the chief executive officer to comply with the 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 the original decision.
(4)Subsection (3) does not apply to an original decision made by the chief executive officer personally.(5)If the chief executive officer does not give the affected person a notice under subsection (1)(c) within the period required under subsection (1), or a longer period agreed under subsection (2), the chief executive officer is taken to confirm the original decision.Division 3Staying operation of original decision38FStay of operation of original decision on internal review(1)An application for internal review of an original decision stays the operation of the decision.(2)If the operation of an original decision is stayed under subsection (1), the stay operates until the chief executive officer decides the application for internal review of the decision.Division 4External review38GApplying for external review(1)This section applies to a person who must be given a QCAT information notice for an internal review decision of an original recovery decision.(2)The person may apply to QCAT, as provided under the QCAT Act, for a review of the internal review decision.Note—The QCAT Act, section 22(3) enables QCAT to stay the operation of the internal review decision, either on application by a person or on its own initiative.25Insertion of new pt 6, divs 1 and 2Before section 39—insert—Division 1Criminal history38H Criminal history report(1)To decide whether a person is disqualified from becoming or continuing as an appointed director or the chief executive officer, 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 conviction mentioned in the criminal history.
(2)However, the Minister may make the request only if the person 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 in the possession of the police commissioner or to which the police commissioner has access.(5)In this section—criminal history, of a person, means the person’s criminal history as defined under the Criminal Law (Rehabilitation of Offenders) Act 1986, other than spent convictions.38I Changes in criminal history must be disclosed (1)This section applies if a person, who is an appointed director or the chief executive officer, is convicted of an indictable offence during the term of the person’s appointment.(2)The person must, unless the person has a reasonable excuse, immediately give the Minister notice under subsection (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.
38J Confidentiality 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)a public service employee performing functions under, or relating to the administration of, this Act; and
(b)in that capacity, has acquired or has access to criminal history information.
(2)The person must not disclose the criminal history information to anyone else, or use the criminal history information, other than under subsection (3).Maximum penalty—100 penalty units.(3)The person may disclose or use the criminal history information—(a)to the extent the disclosure or use—(i)is necessary to perform the person’s functions under, or relating to the administration of, this Act; or(ii)is otherwise required or permitted by this Act or another law; or
(b)with the consent of the person to whom the criminal history information relates.
(4)A person who possesses a report given to the Minister under section 38H or a notice given to the Minister under section 38I must ensure the report or notice is destroyed as soon as practicable after it is no longer needed for the purpose for which it was given.(5)In this section—criminal history information means information contained in—(a)a report given to the Minister under section 38H; or(b)a notice given to the Minister under section 38I.
disclose includes give access to.Division 2Other provisions38KDelegations(1)The authority may delegate the authority’s functions under this 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 the director’s functions under this Act, including a function subdelegated under subsection (1)(a), to an appropriately qualified senior executive employed in the public service.(3)The chief executive officer may, with the board’s approval, delegate the chief executive officer’s functions under this Act or another Act, including a function subdelegated under subsection (1)(b), to an appropriately qualified employee of the authority.(4)In this section—function includes a power.26Replacement of s 43 (Calling up financial assistance obtained by false statement)Section 43—omit, insert—43Approved formsThe chief executive officer may approve forms for use under this Act.27Insertion of new pt 8, div 4Part 8—insert—Division 4Transitional provisions for Rural and Regional Adjustment Amendment Act 202671Interpretation for division(1)In this division—amendment Act means the Rural and Regional Adjustment Amendment Act 2026.approved scheme means a scheme, or part of a scheme, to the extent the scheme or part was an approved scheme that was in effect immediately before the commencement under former schedule 1, definition approved scheme.former, in relation to a provision of this Act, means the provision as in force from time to time before the commencement.new, in relation to a provision of this Act, means the provision as in force from the commencement.scheme schedule, for an approved scheme, or part of an approved scheme, means a schedule of the Rural and Regional Adjustment Regulation 2011 that, immediately before the commencement, set out the scheme or part in detail under former section 11(2).(2)A reference in this division to the number of a scheme schedule is a reference to the scheme schedule with that number in the Rural and Regional Adjustment Regulation 2011 as in force immediately before the commencement.72Continuation of particular approved schemes as guideline schemes approved by the Minister(1)This section applies in relation to an approved scheme, or part of an approved scheme, if immediately before the commencement the detail of the scheme or part was set out in any 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)a scheme schedule that commences on or after the introduction day, unless the scheme schedule is prescribed for this paragraph by a transitional regulation under section 81.
(2)From the commencement, the scheme or part continues in effect under new part 3 as if—(a)the scheme or part were a scheme or part mentioned in new section 10B(1)(a) that has been approved by the Minister under new section 10B(3); and(b)the scheme schedule were a guideline made and published by the authority under new section 10C; and(c)anything done for the purposes of the scheme or part before the commencement were done for the purposes of the scheme or part as it continues in effect under new part 3.
(3)Subsection (2) does not prevent the guideline mentioned in subsection (2)(b) being replaced or varied under new section 11B or the making of a minor variation to the guideline under new section 11C.(4)In this section—introduction day means the day the Bill for the amendment Act was introduced into the Legislative Assembly.73Continuation of other approved schemes established by particular entities(1)This section applies in relation to an approved scheme, approved under former section 11(4), that, immediately before the commencement, was set out in any of the following documents published by the authority—(a)the document called ‘Farm Finance: Concessional Loans Scheme—Scheme Guidelines for Queensland’;(b)the document called ‘Drought Concessional Loans Scheme—Scheme Guidelines for Queensland’;(c)the document called ‘Horticultural Netting Program—Trial Expansion—Guidelines’.
(2)From the commencement, the scheme continues in effect under new part 3 as if—(a)the scheme were a scheme mentioned in new section 10B(1)(b) that has been approved by the Minister under new section 10B(3); and(b)anything done for the purposes of the scheme before the commencement were done for the purposes of the scheme as it continues in effect under new part 3.
74Continuation of Primary Industry Productivity Enhancement Scheme(1)This section applies if, on the commencement, a scheme that is the same as, or substantially similar to, the Primary Industry Productivity Enhancement Scheme is approved by regulation under new section 11.(2)From the commencement, anything done for the purposes of the Primary Industry Productivity Enhancement Scheme before the commencement is taken to have been done for the purposes of the scheme approved by regulation under new section 11.(3)In this section—Primary Industry Productivity Enhancement Scheme means the approved scheme that, immediately before the commencement, was set out in scheme schedule 1.75Repealed approved schemes(1)This section applies in relation to an approved scheme (a repealed approved scheme) if—(a)the scheme was approved under former section 11(1)(c) or (4), or authorised under former section 11A, from time to time before the commencement; and(b)on the commencement, the scheme ends because it is not provided for under section 72, 73 or 74.
(2)New sections 12B to 13C apply in relation to financial assistance given under the repealed approved scheme as if a reference in those provisions to an approved assistance scheme, or an authorised external scheme, included a reference to the repealed approved scheme.(3)For the purposes of subsection (2), a requirement under the repealed approved scheme to keep information continues to apply, despite the ending of the scheme, for 1 year after the commencement.76Existing appointments(1)This section applies to a person who, immediately before the commencement, 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)the chief executive officer appointed under former section 29.
(2)The person continues to be appointed to the office under this Act, as amended by the amendment Act, on the same terms and conditions of appointment that applied to the person immediately before the commencement.(3)For the application of subsection (2) to the chief executive officer, the conditions of appointment that were fixed by the authority under former section 34 and that applied to the chief executive officer immediately before the commencement are taken to have been decided by the board under new section 29.77Existing internal review applications(1)This section applies in relation to an application for internal review made, but not decided, under former section 13A before the commencement.(2)Former part 3A continues to apply in relation to the application as if the amendment Act had not been enacted.78Continued application of former s 43(1)This section applies if—(a)before the commencement, the authority gave a person a notice, under former section 43, calling up a loan or other amount given as the financial assistance; and(b)immediately before the commencement, the notice had not been complied with.
(2)Former section 43 continues to apply in relation to the calling up of the loan or other amount as if the amendment Act had not been enacted.(3)If, after the commencement, the authority takes action under former section 43(2) as continued in effect under subsection (2), the decision to take action is taken to be an original recovery decision under new part 5A.79Application of new s 16GNew section 16G(e) only applies in relation to meetings of the board conducted after the commencement.80Existing delegations(1)This section applies if—(a)immediately before the commencement, a delegation of a function or power by a person or entity (a delegator) to another person (a delegate) was in effect under former section 16D, 27 or 35B; and(b)under new section 38K, the delegator may delegate the function or power to the delegate.
(2)From the commencement, the delegation continues to have effect as if it were a delegation of the function or power by the delegator to the delegate under new section 38K.81Transitional regulation-making power(1)A regulation (a transitional regulation) may make provision about—(a)a scheme schedule for section 72(1)(h); or(b)a matter for which—(i)it is necessary to make provision to allow or facilitate the doing of anything to achieve the transition from the operation of this Act, as in force before its amendment by the amendment Act, to the operation of this Act after its amendment by the amendment Act; and(ii)this Act does not provide or sufficiently provide.
(2)A transitional regulation may have retrospective operation to a day not earlier than the day this section commences.(3)A transitional regulation must declare it is a transitional regulation.(4)This section and any transitional regulation expire on the day that is 1 year after the day this section commences.28Amendment of sch 1 (Dictionary)(1)Schedule 1, definitions approved assistance scheme, approved scheme, authorised interstate scheme, board, chairperson, chief executive officer, original decision and review decision—omit.(2)Schedule 1—insert—affected person, in relation to a decision, for part 5A, see section 38A.appointed director means a person appointed as a director under section 16(c).approved assistance scheme means a financial assistance scheme, or part of a financial assistance scheme, that is—(a)approved by the Minister under part 3, division 2, subdivision 1; or(b)approved by regulation under part 3, division 2, subdivision 2.
authorised external scheme means a financial assistance scheme, or part of a financial assistance scheme, that is authorised by the Minister under part 3, division 3.board means the board established under section 14.chairperson means the person holding office as the chairperson of the board under section 16C.chief executive officer means the person holding office as the chief executive officer of the authority under section 27.financial assistance includes—(a)monetary assistance given without any obligation to repay 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.
financial assistance scheme means a scheme, or part of a scheme, if the main purpose of the scheme or part is to give financial assistance to persons or classes of persons.guideline see section 10C(1).information notice, for an original decision, means a written notice stating the following information—(a)the decision;(b)the reasons for the decision;Note—See the Acts Interpretation Act 1954, section 27B for matters that must be included with the reasons.(c)that the person to whom the notice is given may ask for a review of the decision under this Act;(d)how, and the period within which, the review may be started;(e)that, under section 38F, an application for an internal review of the decision stays the operation of the decision.
internal review, of an original decision, for part 5A, see section 38C(1).internal review decision, for part 5A, see section 38A.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 be administered in stages over a period of time.QCAT information notice, for part 5A, see section 38A.(3)Schedule 1, definition authority’s assistance funds, paragraph (a), ‘approved schemes’—omit, insert—approved assistance schemes or authorised external schemes© State of Queensland 2026