Agricultural College and Other Legislation Amendment Act 2010 (Qld)

Queensland Agricultural College and Other Legislation Amendment Act 2010 Act No. 10 of 2010

Queensland Agricultural College and Other Legislation Amendment Act 2010 Contents Part 1 1 Part 2 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of Agricultural College Act 2005 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Replacement of pt 3 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Replacement of s 21 (Establishment of board) . . . . . . . . . . . . . . 4 21 Establishment of board. . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of s 22 (Board’s functions) . . . . . . . . . . . . . . . . . . . . 5 Replacement of s 23 (Board membership). . . . . . . . . . . . . . . . . . 5 23 Composition of board . . . . . . . . . . . . . . . . . . . . . . . . . 5 23A Eligibility for membership . . . . . . . . . . . . . . . . . . . . . . 5 Amendment of s 24 (Board chairperson and deputy chairperson) ............................... 6 Amendment of s 25 (Term of appointment to board) . . . . . . . . . . 6 Amendment of s 26 (Conditions of appointment to board). . . . . . 6 Insertion of new s 26A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 26A Removal from office . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Amendment of s 29 (Times and places of board meetings). . . . . 7 Insertion of new s 33A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 33A Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . 7 Replacement of pt 3, div 4 hdg (Other provisions) . . . . . . . . . . . . 8 Division 4 Additional functions of board chairperson 34A Chairperson’s reporting requirements . . . . . . . . . . . . 9 Amendment of s 37 (Director) . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Insertion of new pt 6, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Agricultural College and Other Legislation Amendment Act 2010 Contents 16 Part 3 17 18 Division 4 Transitional provision for Agricultural College and Other Legislation Amendment Act 2010 64 References to board by its former name . . . . . . . . . . Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Veterinary Surgeons Act 1936 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 19E (Special registration) . . . . . . . . . . . . . . . . . 10 10 11 12 Page 2 2010 Act No. 10

Queensland Agricultural College and Other Legislation Amendment Act 2010 Act No. 10 of 2010 An Act to amend the Agricultural College Act 2005 and the VeterinarySurgeons Act 1936 for particular purposes [Assented to 17 March 2010]

Agricultural College and Other Legislation Amendment Act 2010 Part 1 Preliminary [s 1] The Parliament of Queensland enacts— Part 1 Preliminary 1 Short title This Act may be cited as the Agricultural College and Other Legislation Amendment Act 2010 . Part 2 Amendment of Agricultural College Act 2005 2 Act amended This part amends the Agricultural College Act 2005. 3 Replacement of pt 3 hdg Part 3, heading— omit, insert— ‘Part 3 Board of the corporation’. 4 Replacement of s 21 (Establishment of board) Section 21— omit, insert— ‘21 Establishment of board ‘The board that was established under this Act under the name Australian Agricultural College Corporation Advisory Board Page 4 2010 Act No. 10

Agricultural College and Other Legislation Amendment Act 2010 Part 2 Amendment of Agricultural College Act 2005 [s 5] is continued under the name Board of the Australian Agricultural College Corporation.’. 5 Amendment of s 22 (Board’s functions) (1) Section 22(a) to (c)— renumber as section 22(b) to (d). (2) Section 22— insert — ‘(a) the performance of the corporation’s functions relating to the agricultural college, including, for example, the functions mentioned in section 11(a) to (e);’. 6 Replacement of s 23 (Board membership) Section 23— omit, insert— ‘23 Composition of board ‘(1) The board consists of at least 5 but no more than 8 members appointed by written notice by the Minister. ‘(2) The corporation may nominate only 1 of the members. ‘23A Eligibility for membership ‘(1) A person can not become a member of the board if the person— (a) has been convicted of an indictable offence; or (b) is an insolvent under administration. ‘(2) A person must have the qualifications, skills, experience or standing the Minister considers appropriate for membership of the board. ‘(3) In considering the qualifications, skills, experience or standing the Minister must consult with the corporation.’. 2010 Act No. 10 Page 5

Agricultural College and Other Legislation Amendment Act 2010 Part 2 Amendment of Agricultural College Act 2005 [s 7] 7 Amendment of s 24 (Board chairperson and deputy chairperson) Section 24(2)(a), ‘term decided’— omit, insert — ‘term, of no more than 3 years, decided’. 8 Amendment of s 25 (Term of appointment to board) (1) Section 25(1), ‘term stated’— omit, insert — ‘term, of no more than 3 years, stated’. (2) Section 25(2)— renumber as section 25(3). (3) Section 25— insert — ‘(2) Subsection (1) does not prevent a person from being reappointed as a member of the board.’. 9 Amendment of s 26 (Conditions of appointment to board) (1) Section 26(2)— renumber as section 26(3). (2) Section 26(1)— omit, insert — ‘(1) A board member is entitled to be paid the remuneration decided by the Minister. ‘(2) However, a board member who is a public service employee is not entitled to remuneration as a board member unless the remuneration — (a) relates to the employee’s attendance at a meeting of the board outside the employee’s normal work hours; and (b) is approved in writing by the Minister.’. Page 6 2010 Act No. 10

Agricultural College and Other Legislation Amendment Act 2010 Part 2 Amendment of Agricultural College Act 2005 [s 10] 10 Insertion of new s 26A After section 26— insert— ‘26A Removal from office ‘(1) The Minister may remove a board member from office if the member— (a) becomes incapable of performing the member’s functions because of physical or mental incapacity; or (b) is guilty of misconduct of a kind that could warrant dismissal from the public service if the member were a public service employee. ‘(2) The Minister must remove a board member from office if the member— (a) is convicted of an indictable offence; or (b) becomes an insolvent under administration. ‘(3) This section does not limit section 24(3)(a) or 27(c).’. 11 Amendment of s 29 (Times and places of board meetings) Section 29(4), ‘twice’— omit, insert— ‘4 times’. 12 Insertion of new s 33A After section 33— insert— ‘33A Disclosure of interests ‘ (1) This section applies to a member of the board if— (a) the member has a direct or indirect interest in an issue being considered or about to be considered by the board; and 2010 Act No. 10 Page 7

Agricultural College and Other Legislation Amendment Act 2010 Part 2 Amendment of Agricultural College Act 2005 [s 13] (b) the interest could conflict with the proper performance of the member’s duties about the consideration of the issue. ‘(2) As soon as practicable after the relevant facts come to the member’s knowledge, the member must disclose the nature of the interest to a board meeting. ‘(3) Unless the board otherwise directs, the member must not— (a) be present when the board considers the issue; or (b) take part in a decision of the board about the issue. ‘(4) The member must not be present when the board is considering whether to give a direction under subsection (3). ‘(5) If there is another member who must under subsection (2) also disclose an interest in the issue, the other member must not— (a) be present when the board is considering whether to give a direction under subsection (3) about the member; or (b) take part in making the decision about giving the direction. ‘(6) Subsection (7) applies if— (a) because of this section, a member is not present at a board meeting for considering or deciding an issue or for considering or deciding whether to give a direction under subsection (3); and (b) there would be a quorum if the member were present. ‘(7) The remaining members present at the meeting are taken to be a quorum of the board for considering or deciding the issue, or for considering or deciding whether to give the direction, at the meeting. ‘(8) A disclosure under subsection (2) must be recorded in the board’s minutes.’. 13 Replacement of pt 3, div 4 hdg (Other provisions) Part 3, division 4, heading— Page 8 2010 Act No. 10

Agricultural College and Other Legislation Amendment Act 2010 Part 2 Amendment of Agricultural College Act 2005 [s 14] omit, insert— ‘Division 4 Additional functions of board chairperson ‘34A Chairperson’s reporting requirements ‘(1) The chairperson of the board must within 1 month after the end of each quarter give a report to the corporation and the Minister on the performance of the corporation’s functions relating to the agricultural college (the relevant functions ) . ‘(2) If the corporation or the Minister requires the chairperson to give a report, advice or stated information about a matter relating to the relevant functions, the chairperson must comply with the requirement to the extent the chairperson is able to comply. ‘(3) If the chairperson is unable to comply fully with the requirement, the chairperson must give the corporation and the Minister written reasons for the noncompliance. ‘(4) If the chairperson becomes aware of a matter the chairperson is satisfied may adversely affect the corporation’s ability to perform the relevant functions, the chairperson must report the matter to the corporation and the Minister as soon as practicable but within 1 month after the chairperson first becomes aware of the matter. ‘(5) In this section— quarter means a 3 month period ending on 31 March, 30 June, 30 September or 31 December. ‘Division 5 Board committees’. 14 Amendment of s 37 (Director) Section 37(4), ‘subsection (4)’— 2010 Act No. 10 Page 9

Agricultural College and Other Legislation Amendment Act 2010 Part 2 Amendment of Agricultural College Act 2005 [s 15] omit, insert— ‘subsection (3)’. 15 Insertion of new pt 6, div 4 Part 6— insert— ‘Division 4 Transitional provision for Agricultural College and Other Legislation Amendment Act 2010 ‘64 References to board by its former name ‘(1) In a document, a reference to the board by its former name may, if the context permits, be taken to be a reference to the board. ‘(2) In this section— former name means the Australian Agricultural College Corporation Advisory Board.’. 16 Amendment of sch 2 (Dictionary) (1) Schedule 2, definition board — omit. (2) Schedule 2 insert— ‘ board means the Board of the Australian Agricultural College Corporation continued under section 21. corporation means the Australian Agricultural College Corporation established under section 5. indictable offence includes an indictable offence dealt with summarily, whether or not the CriminalCode, section 659 applies to the indictable offence. Page 10 2010 Act No. 10

Agricultural College and Other Legislation Amendment Act 2010 Part 3 Amendment of Veterinary Surgeons Act 1936 [s 17] insolvent under administration means— (a) a person who is an undischarged bankrupt within the meaning of the Bankruptcy Act 1966 (Cwlth) or the corresponding provisions of the law of a foreign country or external territory; or (b) a person who has executed a deed of arrangement under the Bankruptcy Act 1966 (Cwlth), part X or the corresponding provisions of the law of a foreign country or external territory, if the terms of the deed have not been fully complied with; or (c) a person whose creditors have accepted a composition under the Bankruptcy Act 1966 (Cwlth), part X or the corresponding provisions of the law of a foreign country or external territory, if a final payment has not been made under that composition; or (d) a person for whom a debt agreement has been made under the Bankruptcy Act 1966 (Cwlth), part IX or the corresponding provisions of the law of a foreign country or external territory, if the debt agreement has not ended or has not been terminated; or (e) a person who has executed a personal insolvency agreement under the Bankruptcy Act 1966 (Cwlth), part X or the corresponding provisions of the law of a foreign country or external territory, but not if the agreement has been set aside or terminated or all of the obligations that the agreement created have been discharged.’. Part 3 Amendment of Veterinary Surgeons Act 1936 17 Act amended This part amends the Veterinary Surgeons Act 1936. 2010 Act No. 10 Page 11

Agricultural College and Other Legislation Amendment Act 2010 Part 3 Amendment of Veterinary Surgeons Act 1936 [s 18] 18 Amendment of s 19E (Special registration) (1) Section 19E(1), ‘if, upon an application made to it’— omit, insert— ‘or a veterinary specialist if, on application made to the board by the person’. (2) Section 19E(1)(b)— omit, insert— ‘(b) is seeking registration to engage in research or teaching in veterinary science at the University of Queensland or James Cook University; and (c) has qualifications in veterinary science, and experience in the practice of veterinary science, appropriate for research or teaching in veterinary science.’. (3) Section 19E(2) and (3)— omit, insert— ‘(2) The application must be— (a) in writing in a form approved by the board; and (b) accompanied by the fee prescribed under a regulation. ‘(3) Special registration granted to a person under this section is subject to the following conditions— (a) the person must pay to the registrar, for each 12 month period of registration, the fee prescribed under a regulation; (b) the conditions prescribed under a regulation; (c) any other conditions that are— (i) not inconsistent with a condition mentioned in paragraph (a) or (b); and (ii) decided by the board.’. (4) Section 19E(4)(c), from ‘or fails’— Page 12 2010 Act No. 10

Agricultural College and Other Legislation Amendment Act 2010 Part 3 Amendment of Veterinary Surgeons Act 1936 [s 18] omit, insert— ‘a condition of the registration.’. © State of Queensland 2010 2010 Act No. 10 Page 13