Expo '88 Act 1984 (Qld)

54 -11 t. i ANNO TIUCESIMO SECUNDO ELIZABETHAE S ECU AE RE GIN AE No. 9 of 1984 Act to provide for the establishment of Authority to acquire, develop, improve and control the site for holding an international exposition at Brisbane in the year 1988 and to promote, operate and manage that exposition and to provide for the functions and powers of the Authority in connexion therewith and for related purposes [ASSENTED TO 6TH FEBRUARY, 19841

Expo ' 88Act1984 , No. 9 55 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows: PART I-PRELIMINARY 1. Short title . This Act may be cited as the Expo '88 Act 1984. 2. Arr angement . This Act is arranged in Parts as follows:- PART I-PRELIMINARY (SS. 1-4); PART II-THE AUTHORITY ( SS. 5-18); PART III-FUNCTIONS AND POWERS OF AUTHORITY (SS. 19-34); PART I`'-MISCELLANEOUS PROVISIONS (ss. 35-51); SCHEDULE 3. Administration . (1) This Act shall be administered by the Minister. (2) In the discharge of its functions and the exercise of its powers under this Act the Authority shall be responsible to the Minister. 4. Interpretation. In this Act, except where a contrary intention appears- " Authority " means the Brisbane Exposition and South Bank Redevelopment Authority established and constituted pursuant to section 5; " Commissioner-General " means the person holding the appointment Commissioner-General of Expo '88 for the purposes of the General Regulations of the International Bureau of Expositions relating to Expo '88; " Court " means The Local Government Court constituted pursuant to the City of Brisbane Town Planning Act 1964-1982; " Expo '88 " means The International Exposition on Leisure intended to be presented in Brisbane in the year 1988 under the sanction of the International Bureau of Expositions and registered by that body in accordance with the Convention relating to International Expositions of 1928 as amended by Protocols of 10 May 1948, 16 November 1966 and 30 November 1972; " land " includes any estate, right or interest in, over or under land; " Minister " means the Premier of Queensland or other Minister of the Crown charged with the administration of this Act and includes any person for the time being performing the duties of the Minister; " Site " means that area shown as shaded on the plan contained in the Schedule; " tenancy agreement " means any lease, agreement for lease or other letting arrangement of any kind.

56 Expo '88 Act 1984, No. 9 PART II-THE AUTHORITY 5. Establishment of Authority. (1) There shall be established and from time to time constituted as prescribed by this Act a body corporate under the name and style " Brisbane Exposition and South Bank Redevelopment Authority ", which by that name shall have perpetual succession and a common seal and shall be capable in law of- (a) suing and being sued; (b) compounding or proving in any court of competent jurisdiction all debts or sums of money due to it; (c) taking, acquiring by way of grant, purchase, gift, lease or licence holding, letting (by way of lease or otherwise) dealing with and disposing of real property within the limits of the Site and personal property of every description; (d) doing and suffering all such acts and things as bodies corporate may by way do and suffer. (2) The power conferred on the Authority by paragraph (c) of subsection (1) to take land is, in respect of taking land the property of the Commissioner for Railways, subject to the right of the Commissioner to retain sufficient land within the Site to enable him to conduct in a proper and reasonable manner railway operations within the Site to the extent accepted by him as necessary to service future requirements of a railway service that utilizes or is likely to utilize land within the Site as at the commencement of this Act. 6. Authority within shield of Crown. For all purposes the Authority represents the Crown in right of Queensland and has and may exercise all the privileges, immunities, rights, powers and remedies of the Crown. 7. Authority a constructing authority . For the purposes of this Act the Authority is a constructing authority within the meaning of the Acquisition of Land Act1967-1977. 8. Constitution of Authority. (1) The Authority shall consist of- (a) the person who holds the appointment Co-ordinator-General; (b) the person who holds the appointment Under Treasurer; (c) the person who holds the appointment Chief Commissioner and Chairman, Land Administration Commission; and (d) such persons, not exceeding five in number, as the Minister nominates. One of the persons referred to in paragraph (d) shall be chairman and the person who holds the appointment Co-ordinator General shall be deputy chairman. (2) A reference in subsection (1) to the person who holds any of the appointments referred to in that subsection includes a reference to any person who for the time being performs the duties of the office of the person who holds the appointment.

Expo ' 88Act1984 , No. 9 57 (3) A person who is a member of the Authority by virtue of his holding an appointment referred to in subsection (1) or by reason of subsection (2) is in this Act called an ex officio member. 9. Appointment of members . (1) Members of the Authority other than ex officio members shall be appointed by the Governor in Council by notification published in the Gazette. (2) Upon the first constitution of the Authority the Governor in Council shall, subject to section 8 (1), by notification published in the Gazette, appoint one of its members to be chairman. (3) Whenever a vacancy exists in the office of chairman the Governor in Council shall, subject to section 8 (1), by notification published in the Gazette, appoint one of its members to be chairman. 10. Establishment of Authority . The Authority shall be taken to be established on a date declared by the Governor in Council in that behalf by notification published in the Gazette. 11. Disqualification from membership of Authority. A person shall be disqualified from becoming or continuing as a member of the Authority other than an ex officio member if- (a) he has not attained the age of 18 years; (b) he is an undischarged bankrupt or is taking advantage of the laws relating to bankruptcy; (c) he has been convicted in Queensland of an indictable offence or has been convicted elsewhere than in Queensland in respect of an act or omission that, if done or made in Queensland, would have constituted an indictable offence. 12. Vacation of office on Authority . (1) A member of the Authority other than an ex officio member shall be taken to have vacated his office as such member if- (a) he dies; (b) he resigns his office by instrument in writing given to the Minister; (c) he is disqualified from membership of the Authority pursuant to section 11; (d) he is removed from office by the Governor in Council pursuant to subsection (2); or (e) he has been absent without leave of the Authority or the chairman from three consecutive meetings of the Authority of which due notice has been given to him. (2) The Governor in Council may remove from office as a member of the Authority any person other than an ex officio member who in his opinion- (a) has become incapable of discharging the duties of office; or (b) is incompetent or unfit to hold the office. 3

5& --E '88 Act 1984, No. 9 Removal of a person from office pursuant to this subsection shall take effect upon notification in writing thereof under the hand of the Minister being given to the person concerned. 13. Term of appointment . (1) A member of the Authority other than an ex officio member shall be appointed for a term of three years but, subject to his not being disqualified from membership of the authority, shall be eligible for re-appointment. (2) Notwithstanding the expiration by lapse of time of an appointment of a member of the Authority he shall be deemed to continue to hold his office until his successor is appointed. 14. Filling casual vacancy. ( 1) A casual vacancy shall be taken to have arisen in the office of a member of the Authority if he has vacated his office in any manner referred to in section 12 or in the case of an ex officio member, he ceases to hold the appointment that entitles him to membership of the Authority. (2) If a casual vacancy occurs in the office of a member of the Authority other than an ex officio member a person may be appointed to fill that vacancy in accordance with section 9 and he shall hold office, subject to this Act , for the remainder of his predecessor's term of appointment. (3) A person appointed to fill a casual vacancy in the office of a nominated member who was chairman shall not by reason of that appointment alone become chairman. 15. Proceedings of Authority . ( 1) No proceedings of the Authority shall be invalidated by reason of any defect in the appointment of any person to membership of the Authority or by reason of there being a vacancy in the membership of the Authority , subject to there being the quorum prescribed for meetings of the Authority. (2) Subject to this Act the Authority shall meet at such times and may regulate its proceedings as it determines. (3) At a meeting of the Authority- (a) a quorum shall consist of not less than four members; (b) the chairman , if he is present , or in his absence the deputy chairman, if he is present , shall preside and in the absence of both of them a member appointed by the members present at the meeting shall preside; (c) business shall be decided by the vote of the persons present and the person who presides shall have a deliberative vote and in addition , in the event of an equality of votes, a casting vote. 16. Custody and judicial notice of common seal. (1) The common seal of the Authority shall be in the custody of the executive officer of the Authority and shall be affixed to documents by the chairman or deputy chairman and the executive officer or as the chairman directs.

Expo '88 Act 1984, No. 9 59 (2) All courts, judges, justices and persons acting judicially shall take judicial notice of- (a) the appointment of the chairman and deputy chairman of the Authority and of the executive officer and of their respective signatures; and (b) the common seal of the Authority affixed to any document, and shall presume, until the contrary is proved, that any such signature or the common seal was duly affixed to the document on which it appears. 17. Fees and expenses of members . (1) Each member of the Authority shall be entitled to be paid such fees as are approved by the Governor in Council in respect of his attendance at meetings of the Authority and the discharge of his functions under this Act except, in the case of a member who is an officer of the Public Service, in respect of his attendance at meetings or discharge of his functions during his ordinary hours of duty as such an officer. (2) Each member of the Authority shall be entitled to be paid expenses necessarily and reasonably incurred by him in attending meetings of the Authority or in connexion with the discharge of his functions under this Act and approved by the Minister. 18. Committees to assist Authority. (1) For the purpose of assisting it in the discharge of its functions or exercise of its powers under this Act the Authority may establish such committees as it considers desirable and may commit to any committee so established such matters and the performance of such functions (being matters and functions concerned with achieving the objects and purposes of this Act) as the Authority thinks fit. (2) A committee may be established for a specified period or without limit of time, as the Authority thinks fit. PART 111-FUNCTIONS AND POWERS OF AUTHORITY 19. Functions of Authority. The functions of the Authority are- (a) to accept the grant into its name of all lands within the Site that, before the establishment of the Authority, have been acquired by the Crown with a view to their use for presenting Expo '88; (b) to take or acquire such lands within the Site as the Authority considers necessary or desirable to take or acquire with a view to their use for presenting Expo '88 and to acquire such personal property as the Authority deems it expedient to acquire in connexion with the taking or acquisition of such lands; (c) to develop and improve lands within the Site to an extent and in a manner calculated, in the Authority's opinion, to prepare the Site adequately for the presentation of Expo '88 and thereafter to develop and improve those lands with a view to their disposal upon terms calculated to secure the recovery of and an adequate return on moneys expended in or for the purpose of presenting Expo '88 or thereafter developing and

60 Expo '88 Act 1984, No. 9 improving those lands with a view to their disposal and to achieve a net financial result that will not impose a burden of cost on the Government of Queensland; (d)'to negotiate with and make agreements with- (i) the Crown, in respect of Crown land within the Site; and (ii) the trustees of land within the Site reserved and set apart for any public purpose, concerning use of those lands in connexion with presenting Expo '88, subject, in the case of land reserved and set apart for any public purpose, to that use being not inconsistent with the future use of that land for the public purpose for which it has been reserved and set apart; (e) to negotiate with and make agreements with the Crown and any person concerning use of airspace over land within the Site in connexion with presenting Expo '88 and after the conclusion of Expo '88; (f) to undertake the preparation, organization, promotion, operation and management of Expo '88; (g) to negotiate with and make agreements with Brisbane (''it Council concerning- (i) temporary closure of roads within the Site; (ii) diversion of traffic from the Site; (iii) maintenance by Brisbane City Council of essential services to, through, over and under the lands within or adjacent to the Site; (iv) use in connexion with presenting Expo '88 of land the property of or under the control of Brisbane City Council abutting upon the south bank of the Brisbane River and adjacent to the Site and of any other land the property of or under the control of Brisbane City Council within or adjacent to the Site; throughout an appropriate period before, during and after the presentation of Expo '88; (h) to negotiate with and make agreements with the owners and occupiers of and persons having any interest in or charge on lands within or adjacent to the Site, being lands not taken or acquired by the Authority, concerning use of those lands in connexion with presenting Expo '88; (i) to negotiate with and make agreements with any public authority, trading corpotation or other person whatever concerning the installation, maintenance and operation of essential services and other services to, through, over and under lands within or adjacent to the Site, throughout an appropriate period before, during and after the presentation of Expo'88; (j) to prepare or cause to be prepared a development control plan providing with respect. to the development and use of all lands (whether or not they'are the property of the Authority) within the Site for the purpose of presenting Expo '88;

Expo ' 88Act1984 , No. 9 61 (k) to enter into such tenancy agreements as it considers desirable for the presentation of Expo '88; (1) to prepare or cause to be prepared one or more zoning plans providing for the use of all lands or parts thereof within the Site after the conclusion of Expo '88; (m) to negotiate with and make agreements with Brisbane City Council concerning the amalgamation and subdivision of land within the Site owned by the Authority; (n) to dispose of lands within the Site, being lands that are the property of the Authority and pending such disposal to let such lands by way of tenancy agreements; (o) to dispose of personal property acquired by the Authority; (p) to do such other acts and things as are prescribed by Order in Council to be functions of the Authority. 20.Contractual power of Authority. (1) For the purpose of discharging any of its functions the Authority may enter into and make, perform and enforce such contracts, other instruments and arrangements as, in its opinion, are calculated to achieve that purpose or to assist therein. (2) Contracts entered into by the Authority may be made as follows:- (a) a contract that, if made beween private persons would by law be required to be in writing and under seal, shall be made by the Authority in writing and under its common seal; (b) a contract that, if made between private persons would by law be required to be in writing signed by the parties thereto, may be made in writing and signed on behalf of the Authority by the chairman or deputy chairman of the Authority; (c) a contract that, if made between private persons would by law be valid and enforceable although not reduced to writing, may be made without writing by the Authority. (3) Subject to section 32, a contract made as required or authorized by subsection (2) shall be effectual in law and shall bind the Authority and all other parties thereto and may be varied or discharged in the manner in which it is required or authorized to be made. 21. Particular means of promoting Expo '88. Without limiting the means by which the Authority may discharge the function of promoting Expo '88, the Authority- (a) may enter into, perform and enforce arrangements with any Government, Local Authority or person with a view to- (i) obtaining any right, privilege, franchise, licence, concession or sponsorship that is desirable for the efficient promotion of Expo '88; (ii) granting any right, privilege, franchise, licence, concession or sponsorship with respect to any property or activity of the Authority that in its opinion would assist in the promotion of Expo '88;

62 EX. pn °'88 Act1984, No. 99 (b) may take such steps by way of public appeals or private requests, or in any other lawful manner as the Authority thinks fit with a view to subscriptions in money or kind or by way of sponsorship or otherwise towards the successful presentation of Expo '88; (c) may print and publish newspapers , periodicals , books and leaflets directed to the promotion of Expo '88. 22. Employment of staff or agents of Authority. (1) The Authority may employ such number and description of employees as it considers necessary for the proper discharge of its functions. The employment of such employees shall be on terms and conditions that are consistent with any appropriate industrial award or agreement and are approved by the Governor in Council. (2) The Authority may engage such number and description of consultants and other persons under contracts for services as it considers necessary for the proper discharge of its functions or exercise of its powers. The engagement of such consultants shall be on such terms and conditions as are agreed between the Authority and the consultants and are approved by the Governor in Council either generally or in a particular case. (3) Where the Authority makes a contract for services with a person for the discharge of any of its functions or the exercise of any of its powers that person shall have and may discharge and exercise, without further delegation from the Authority, all the functions and powers of the Authority necessary for the effectual discharge of the function or effectual exercise of the power to which the contract relates, subject however to the provisions of the contract, and shall discharge such of the obligations of the Authority under section 34 as are material to the discharge of the functions and exercise of the powers had by him pursuant to this subsection. 23. Other staff of Authority . ( 1) An officer of the Public Service- (a) may be seconded by the Governor in Council to service under the Authority for such period or periods as the Governor in Council thinks fit; or (b) may hold a position under the Authority and perform the duties thereof in addition to the position held by him in the Public Service , notwithstanding any provision of the PublicService Act1922-1978 to the contrary. (2) For the purpose of assessing the entitlements of an officer of the Public Service who has been seconded to service under the Authority- (a) his period of service under the Authority shall not interrupt his period of service as such officer; (b) his service under the Authority shall be deemed to be service by him as such officer; and (c) he shall continue to be a contributor within the meaning of the State Service Superannuation Act1972-1978.

Expo '88 Act 1984, No. 9 63 24. Taking of land. (1) Subject to this Act, the taking of land by the Authority in discharge of its function referred to in paragraph (b) of section 19 shall be in accordance with the provisions of the Acquisitionof Land Act1967-1977 and the presentation of Expo '88 shall be a purpose for which land may be taken under and subject to that Act. (2) In assessing the amount of compensation to be paid in respect of the taking of land by the Authority no allowance shall be made for enhancement of the value of the land attributable to any action of the Authority. 25. Special powers of Authority and Crown in respect of land within the site. (1) The Authority is authorized to transfer and surrender to the Crown in right of Queensland all or any of the land within the Site taken or acquired by the Authority and it is hereby affirmed and declared that upon such a surrender and transfer the land to which it relates is Crown land, which may be dealt with as authorized by the Land Act 1962- 1983 and this Act in respect of Crown land. (2) It is hereby affirmed and declared that land within the Site acquired in the name of Her Sovereign Majesty Queen Elizabeth the Second before the establishment of the Authority is Crown land, which may be dealt with as authorized by the Land Act 1962-1983 and this Act in respect of Crown land. (3) The power conferred by the Land Act 1962-1983 on the Governor in Council to grant in fee simple any Crown land within Queensland includes power to grant Crown land within the Site to the Authority in fee simple in priority to and to the exclusion of all other persons, notwithstanding the provisions of the Land Act 1962-1983. 26. Development control plan. (1) As soon as is practicable after its establishment the Authority shall prepare or cause to be prepared in consultation with Brisbane City Council a development control plan in discharge of its function referred to in paragraph (j) of section 19. (2) The development control plan- (a) shall show the permanent and temporary structures and other works associated with and required for the implementation of the development of the Site in discharge of the Authority's function referred to in paragraph (c) of section 19; (b) shall, so far as is practicable, conform with the description of a development control plan as defined in the City of Brisbane Town Planning Act 1964-1982 and with the requirements prescribed by that Act for a development control plan prepared under that Act; and (c) shall include the by-laws relating to the development control plan made by the Authority. (3) The development control plan shall be furnished to the Minister who, if he approves of it, shall submit it to the Governor in Council for his approval.

64 Expo '88 Act 1984, No. 9 (4) If the Governor in Council approves a development control plan submitted to him- (a) notification of the approval shall be published in the Gazette and in a newspaper that circulates throughout Brisbane; (b) a copy of the plan shall be held available for inspection by the public at the office of the Authority (if any) and at the office of the Co-ordinator-General; (c) the Authority shall, as soon as is practicable, take all steps necessary to secure implementation of the plan. 27. Variation of development control plan . (1) The Authority may vary the development control plan approved by the Governor in Council but, if it does so, the variation shall be furnished to the Minister and, if approved by him, submitted to the Governor in Council for his approval. (2) If the Governor in Council approves of the variation of the development control plan the provisions of section 26 (4) shall apply in respect thereof and the plan as so varied shall be the approved development control plan for the Site in lieu of the plan previously approved or of that plan as previously varied. 28. Zoning plan. (1) A zoning plan prepared in discharge of the Authority's function referred to in paragraph (1) of section 19- (a) shall be prepared in close liaison with Brisbane City Council; and (b) shall be prepared having regard to appropriate provisions of the plan that is or is likely to be the Town Plan for the City of Brisbane at the time when the zoning plan is to come into operation; and (c) shall be prepared having regard to the Authority's function referred to in paragraph (c) of section 19 in respect of the disposal of lands within the Site. (2) The zoning plan shall be furnished to the Minister of the Crown for the time being charged with the administration of the City of Brisbane Town Planning Act 1964-1982 who, if he approves of it, shall submit it to the Governor in Council for his approval. (3) If the Governor in Council approves the zoning plan the plan shall thereupon become and be part of the Town Plan for the City of Brisbane and shall take effect accordingly as prescribed by the City of Brisbane Town Planning Act 1964-1982. (4) No person shall be entitled to compensation for injurious affection alleged to have been suffered by reason of the coming into effect of a zoning plan. 29. Continuance of railway operations . In the preparation of the development control plan and the zoning plan- (a) provision shall be made for the use as of right by the Commissioner for Railways of lands within the Site, being lands occupied by him, for the conduct of railway operations for the carriage of passengers and for the use of the permanent way for the carriage of goods; and

Expo '88 Act 1984 , No. 9 65 (b) provision shall be made for reasonable access to lands used for the conduct of railway operations by the Commissioner for Railways and his employees and by members of the public wishing to make use of the railway as passengers. 30. Disposal of Site. (1) The Authority shall dispose of lands in discharge of its function referred to in paragraph (n) of section 19 (whether such lands were taken by it under and subject to the Acquisitionof Land Act1967-1977 or acquired by it otherwise) in such manner and on such terms and conditions as it thinks fit and the provisions of section 41 of the Acquisition of Land Act1967-1977 shall not apply in relation thereto. (2) In disposing of its land the Authority- (a) may in any case that it considers to be appropriate; and (b) shall in any case where it is so directed by the Minister, surrender land to the Crown or dedicate land as a road or to any public purpose. (3) Subject to subsection (2), in disposing of its land the Authority shall endeavour to secure for itself the maximum return that it is reasonable to expect at the material time and to that end the Authority may erect, add to, refurbish, demolish or remove any building or structure upon its land. Any such erection, addition or refurbishment shall be in accordance with standards accepted by Brisbane City Council in respect of work of that description. 31. Financial arrangements and investments . (1) For the purpose of discharging its functions and exercising its powers the Authority is empowered to enter into financial arrangements within the meaning of the Statutory Bodies Financial Arrangements Act1982 with the Treasurer or any other person and in respect of the Authority as a statutory body within the meaning of that Act the provisions of PART IV of that Act other than the provisions of sections 25A, 25B, 27 (4) and (5), 28 (4) and (5), 33 to 39 (both inclusive), 40 (4), 46 and 47 (1) and (2) apply. Provided that the Authority shall not be required to obtain the sanction of the Treasurer in respect of negotiations by the Authority with a view to its discharge of the functions of taking or acquiring land or personal property in connexion therewith or of holding, dealing with or disposing of such land or personal property taken or acquired by it or to obtain the approval of the Governor in Council in respect of the discharge by the Authority of any of those functions. (2) The Authority is empowered to invest its moneys which are not immediately required for the discharge of its functions or the exercise of its powers in any investment prescribed by section 48 of the StatutoryBodies Financial Arrangements Act1982 as a permissible investment for a statutory body within the meaning of that Act and in respect of the Authority as such a statutory body the provisions of PART V of that Act other than the provisions of sections 49, 50 (1) and 52 apply.

66 Expo '88 Act 1984, No. 9 32. Restriction on power to make agreements etc., through consultants. (1) Any contract or agreement, the terms and conditions of which have been negotiated or agreed to by consultants or other persons engaged by the Authority under a contract for services, and which is intended to bind the Authority, shall be of no force or effect unless it has been approved by the Governor in Council. (2) The provisions of subsection (1) apply whether the contract or agreement such as is referred to in that subsection, is made by the Authority or by a consultant or other person on its behalf engaged by the Authority under a contract for services. 33. Delegation by Authority. (1) The Authority may by instrument in writing under its common seal delegate its functions and powers specified in the instrument of delegation, except this power of delegation and the power to make by-laws, to any person or persons and may make such number of delegations of the same function or power concurrently as it thinks fit. The functions and powers that may be so delegated include functions and powers had by the Authority under the development control plan prepared pursuant to this Act. (2) A function or power so delegated may be discharged or exercised by the delegate in accordance with the instrument of delegation and when so discharged or exercised shall be deemed to have been discharged or exercised by the Authority. (3) A delegation under this section is revocable at the Authority's will by instrument in writing under its common seal and does not derogate from the Authority's power to act itself in any matter. (4) A person purporting to discharge a function or exercise a power pursuant to a delegation under this section shall be presumed to be acting in accordance with the instrument of delegation in the absence of proof to the contrary. 34. Compliance with international requirements . (1) In the discharge of its functions and the exercise of its powers the Authority- (a) shall have regard to all relevant requirements of the GeneralRegulations of the International Bureau of Expositions relating to Expo '88; (b) shall have regard to all relevant exercises of authority by the Commissioner-General under the General Regulations aforesaid; and (c) shall do all acts and things that it may lawfully do to give effect to every decision duly given in accordance with the General Regulations aforesaid in respect of a dispute that has arisen in connexion with the presentation of Expo '88. (2) A provision of- (a) any Act or law of Queensland; (b) any order made pursuant to an Act of Queensland; or

Expo' 88 Act1984, No. 9 67 (c) any industrial award or industrial agreement taking effect pursuant to a law of Queensland, that regulates the trading hours of premises of any description shall not apply in relation to premises of that description within the Site that are conducted on behalf of an official participant in Expo '88. (3) Any industrial award or industrial agreement governed by a law of Queensland that regulates the conditions of employment of persons in a particular activity shall not apply in relation to the employment of persons in that activity within the Site during the presentation of Expo '88 if (a) the activity is organized by or on behalf of an official participant in Expo '88; and (b) the employment is of citizens of a country ( other than Australia ) represented by that official participant who have come to Australia specifically to be so employed. PART IV-MISCELLANEOUS PROVISIONS 35. Effect of Act on Town Plan and on certain applications . (1) Upon the commencement of this Act- (a) the City of Brisbane Town Planning Act 1964-1982 and the Town Plan for the City of Brisbane cease to apply in respect of the use of land within the Site and shall not so apply until such land reverts to being regulated and controlled by that Act and that plan as prescribed by this Act; (b) every application relating to land within the Site made to Brisbane City Council under the City of Brisbane Town Planning Act 1964-1982 in respect of which a decision of the Council or its delegate has not been given at the commencement of this Act shall be deemed to have been refused at the date of such commencement; and (c) every application made to Brisbane City Council relating to a building or other structure on or to be erected on land within the Site being an application to which the Building Act1975-1981 relates in respect of which application a decision of the Council has not been given at the commencement of this Act shall be deemed to have been refused at the date of such commencement. (2) There shall be no right of appeal or of objection in respect of any refusal of an application provided for by subsection (1). (3) After the commencement of this Act and until the use of land within the Site reverts to being regulated and controlled by the Town Plan for the City of Brisbane as prescribed by this Act, a person shall not- (a) put land within the Site to a use other than a use to which it is being lawfully put at the commencement of this Act; (b) develop or excavate land within the Site;

68 Expo '88 Act 1984, No. 9 (c) erect, add to, refurbish or alter a building or structure or other thing on land within the Site; or (d) continue to do any act referred to in paragraph (b) or (c), without the approval of the Authority first had and obtained. (4) After the commencement of this Act and until the use of land within the Site reverts to being regulated and controlled by the Town Plan for the City of Brisbane as prescribed by this Act- (a) it is not competent to any person to make to Brisbane City Council an application relating to a building or other structure on or to be erected on land within the Site, being an application to which the Building Act1975-1981 relates, unless the approval of the Authority to the making of that application is first had and obtained; (b) it is not competent to Brisbane City Council to accept or deal with an application such as is referred to in paragraph (a) unless the approval of the Authority to the making of the application is lodged with Brisbane City Council to accompany the application. 36. Development control plan to govern Site. (1) The development control plan prepared by or on behalf of the Authority, as approved for the time being by the Governor in Council, shall regulate and control the use of lands within the Site for as long as the plan continues in operation in lieu of the Town Plan for the City of Brisbane. (2) The development control plan shall make reasonable provision to permit the use of land within the Site for purposes required or authorized by the General Regulations of the Bureau of International Exhibitions relating to Expo '88. (3) It shall be lawful to use lands within the Site for a purpose allowed by or permitted under the development control plan, for as long as it continues in operation, notwithstanding the provisions of the Town Plan for the City of Brisbane or any ordinance of Brisbane City Council. (4) A person who, during the period that the development control plan continues in operation, uses any land within the Site for a purpose that is not allowed by or permitted under the plan in respect of that land commits an offence against this Act. (5) The Authority may take and cause.to: be taken all steps necessary to terminate a use of land within the Site that constitutes an offence against this Act (including the demolition of any building or structure thereon and the removal and disposal of resultant debris) and where it does so, may recover by action in a court of competent jurisdiction, the costs incurred therein from the occupier of the land as a debt due and owing by the occupier to the Authority. In the exercise of its powers under this subsection the Authority and any agent acting on its behalf may use such force as is necessary to gain entry to the land in question and any building or structure thereon and to exercise the powers hereby conferred.

Expo '88 Act 1984, No. 9 69 37. Reversion of use of Site to Town Plan. When the zoning plan prepared by or on behalf of the Authority in discharge of its function referred to in paragraph (1) of section 19 becomes part of the Town Plan for the City of Brisbane pursuant to section 28, the development control plan prepared by or on behalf of the Authority shall cease to be in operation, and the use of lands within the Site shall revert to being regulated and controlled by the Town Plan for the City of Brisbane. 38. Agreement concerning rateable land. (1 ) The Authority shall enter into an agreement with Brisbane City Council with respect to the payment of a sum or of sums in lieu of the payment of rates in respect of land owned by the Authority other than land acquired by it in the first instance from the Crown or taken or acquired by it from the Commissioner for Railways or other agency of the Crown. (2) Land in respect of which a sum is or sums are payable pursuant to an agreement made under subsection (1) shall not be rateable land for the purposes of the City of Brisbane Act1924-1982 notwithstanding the provisions of the Local Government Act 1936-1982 or any other Act, and notwithstanding that it may be occupied for the time being by a person other than the Authority or an agency of the Crown. 39. Fire Authority for Site. For the purposes of the Fire SafetyAct1974-1982, premises within the Site- (a) that are on land of which the Authority is the owner or occupier and are put to any use; or (b) that are used by the Authority or by any person pursuant to an agreement or arrangement made with the Authority, shall be deemed to be so used by or on behalf of a department of the Government of the State. 40. Budget . (1) For each year commencing on 1 July the Authority shall frame and adopt a budget that is consistent with funds appropriated for the purposes of the Authority. Every budget shall be subject to the approval of the Minister and, until so approved, shall have no force or effect. The Authority shall observe the approved budget for the year to which the budget relates. (2) Every budget shall show- (a) estimates of the receipts and disbursements of the Authority for the year to which the budget relates; (b) the purposes for which disbursements will be made by the Authority in the year to which the budget relates; (c) estimates of receipts and disbursements adopted by the Authority in respect of the previous year and the actual receipts and disbursements for that year. (3) The Authority shall frame and adopt the budget for each year by or within such time as the Minister directs.

70 Expo '88 Act 1984, No. 9 (4) If at the end of any year there is a surplus or deficit, such surplus or deficit shall be carried forward and taken into account in framing the budget for the next ensuing year. (5) At the close of each year- (a) authorizations of expenditure shall not lapse but shall be carried forward into the budget for the next year; (b) votes of money for such authorizations shall lapse but may be re-voted. (6) If at any time during the year for which a budget of the Authority has been approved it appears to the Authority that circumstances make it desirable that the budget be varied in any respect , the Authority may by its resolution adopt the variation of the budget and thereupon shall forthwith furnish to the Minister particulars of such variation. If the Minister approves the variation so resolved upon, the budget of the Authority for the year in question shall be varied accordingly and as so varied shall be the approved budget of the Authority for that year. (7) Nothing contained in this section shall be construed to prejudice the operation of the provisions of the Financial Administration and AuditAct1977- 1981 in respect of the accounts of the Authority and the Fund referred to in section 41. 41. Fund and accounts of the Authority . ( 1) There shall be established in the Treasury a Fund to be called " The Brisbane Exposition and South Bank Redevelopment Fund ", hereinafter in this section referred to as the Fund". (2) There shall be paid into the Fund all moneys received by the Authority from time to time from any source whatsoever in connexion with the discharge of its functions or the exercise of its powers. (3) The Fund shall be applied in making payments required or permitted to be made by the Authority in connexion with the discharge of its functions or the exercise of its powers , and to no other purpose. (4) For the purpose of applying the Financial Administration andAudit Act1977-1981 and the Treasurer ' s Instructions issued pursuant thereto to the financial administration of the Authority and the establishment and keeping of its accounts , the accountable officer referred to therein shall be the chairman of the Authority. 42. Acco un ts of Authority ' s agents. Where the Authority makes a contract for services with a consultant or other person for the discharge of any of its functions or the exercise of any of its powers then , except to the extent that the contract provides to the contrary- (a) such consultant or other person shall not be taken to be an employee of a department for the purposes of the FinancialAdministration and AuditAct1977 -1981 or the Treasurer's Instructions issued pursuant thereto; and

Expo '88 Act 1984, No. 9 71 (h) the provisions of that Act or those Instructions shall not of their own force apply to him or in relation to the establishment and keeping of accounts by him or the audit of accounts kept by him. 43. Executive officer. (1) There shall be an executive officer of the Authority who shall be charged with the responsibility of managing the affairs of the Authority and who shall be responsible to the chairman of the Authority. (2) The executive officer shall be appointed for a term specified in the instrument of his appointment and upon the expiration of his term of office may be appointed for a further term. (3) The executive officer shall hold his appointment upon such terms and conditions as are approved by the Minister. (4) From time to time, as may be necessary, the Authority shall furnish to the Minister its recommendation with respect to the appointment of executive officer and the appointment shall be made by the Governor in Council on the recommendation of the Minister. 44. By-laws of Authority. (1) The Authority may, by its resolution approved by the Governor in Council, make by-laws- (a) to regulate the affairs of the Authority and its control of the Site ; (b) to regulate the use of land within the Site provided for in the development control plan referred to in section 26; (c) to regulate the entitlement of persons to enter upon the Site; to regulate the activities, conduct and behaviour of persons within the Site; and to regulate trading hours for premises within the Site; (d) to provide for the procedures to be followed, the forms to be used and the fees to be paid in connexion with obtaining the Authority's approval to the use of land within the Site; (e) to provide for the protection and security of lands, buildings, structures, exhibits and other property within the Site, (f) to regulate vehicular and pedestrian traffic within the Site, (g) to regulate the performance of duties by the employees of the Authority; (h) to give effect to- (i) any of the General Regulations of the International Bureau of Expositions relating to Expo '88; or (ii) any of the requirements of the Commissioner-General. The power to regulate includes the power to prohibit. (2) By-laws made by the Authority- (a) may provide for penalties in respect of a contravention or failure to comply with a by-law not exceeding in any case the sum of $1000; (b) shall be furnished to the Minister who, if he approves of them, shall submit them to the Governor in Council for his approval.

72 Expo '88 Act 1984, No. 9 (3) By-laws approved by the Governor in Council shall be notified in the Gazette and shall take effect on and from the date they are published in the Gazette and, if a date is specified by by-law for their termination, shall terminate on that date. (4) A copy of the by-laws made by the Authority, as they exist from time to time, shall be held available for inspection by the public at the office of the Authority (if any) and at the office of the Co-ordinator-General and the by-laws or such of them as the Minister may nominate shall be exhibited at such places (if any) within the Site as the Minister directs. (5) A person who contravenes or fails to comply with a by-law made by the Authority commits an offence against this Act. (6) The Authority may, by a by-law, exclude the application during the presentation of Expo '88 of the whole or part of any Act or law of Queensland (other than this Act) in relation to persons or the activities, conduct and behaviour of persons within the Site whereupon that Act or law or, as the case may be, part shall be inoperative within the Site until the termination of Expo '88 or the termination of the by-law, whichever is the earlier. Where a provision of a by-law is inconsistent with a provision of any Act or law of Queensland (other than this Act) the former provision shall prevail and the latter provision shall, to the extent of the inconsistency, be inoperative within the Site until the provision of the by-law terminates. 45. Removal of pe rsons from Site. If any person is found within the Site in contravention of a by-law made by the Authority or is found within the Site contravening or failing to comply with a by-law made by the Authority any member of the Police Force or person acting on behalf of the Authority may eject that person from the Site and take such steps as are necessary to prevent that person's re-entry to the Site, using therein such force as is necessary for the purpose. 46. Obstruction etc., an offence . A person shall not assault, threaten or obstruct a member of the Police Force or a person acting on behalf of the Authority engaged in giving effect to any provision of this Act or of a by-law made by the Authority, or attempt so to do. 47. Requirement to state name and address . (1) A person who, pursuant to section 45, is liable to be ejected from the Site, or who contravenes section 46 shall, upon being requested so to do by a member of the Police Force or a person acting on behalf of the Authority, state his full and correct name and place of residence. (2) A person who, being required by subsection (1) to state his full and correct name and place of residence upon the request of a member of the Police Force- (a) fails to do so; or (b) states a name or place of residence that the member of the Police Force requesting it suspects on reasonable grounds to be false,

Expo '88 Act 1984 , No. 9 73 may be arrested without warrant and dealt with according to law upon a charge of that offence and of any other offence consisting of a breach of a by-law made by the Authority or a breach of section 46 committed by him. 48. Offence provision . (1) A person who contravenes or fails to comply with a provision of this Act commits an offence against this Act. (2) A person who commits an offence against this Act (whether provided for in subsection (1) or any other provision of this Act) is liable, unless a specified penalty is otherwise prescribed for that offence, to a penalty not exceeding- (a) in the case of an offender who is an individual, $2 000 or six months imprisonment or both; or (b) in the case of an offender that is a body corporate, $5 000. (3) Proceedings in respect of an offence against this Act, other than proceedings taken pursuant to the arrest of an offender, shall be taken in a summary way under the Justices Act1886-1982 upon the complaint of the executive officer of the Authority or of a person authorized by him either generally or in a particular case. (4) In proceedings in respect of an offence against this Act it shall not be necessary to prove the appointment of the executive officer or the authority of the complainant in the absence of evidence that challenges such appointment or authority. 49. Annual report. (1) Before 1 August in each year the Authority shall furnish to the Minister a report on its operation during the year expiring on 30 June last preceding. The report shall include such statements of account and other financial or relevant information as show a true and fair view of the affairs of the Authority at the close of the year to which the report relates. (2) The Minister shall lay each report before the Legislative Assembly within 14 sitting days after his receipt of the report. 50. Regulations . The Governor in Council may make regulations not inconsistent with this Act with respect to- (a) all matters required or permitted by this Act to be prescribed by regulations or to be prescribed and in respect of which no other means of prescription is specified; (b) all matters necessary or desirable to be prescribed to give effect to the General Regulations of the International Bureau of Expositions relating to Expo '88; and (c) all matters necessary or expedient to be prescribed for the proper administration of this Act or to achieve the objects and purposes of this Act.

74 Expo '88 Act 1984, No. 9 51. Winding up Authority's affairs. (1) The Governor in Council may by Order in Council give directions to the Authority with respect to its doing such acts and things as, in his opinion, will assist in the winding up of the Authority's affairs following the presentation of Expo '88. (2) The Authority shall promptly comply with every direction issued to it under subsection (1). (3) When in the opinion of the Governor in Council the Authority has properly discharged the functions required of it to achieve the objects and purposes of this Act and all directions issued to it under subsection (1) and its affairs have been adequately wound up, the Governor in Council may, by Proclamation, specify a date for the expiry of this Act. (4) Upon the date specified under subsection (3)- (a) the Authority shall cease to exist as a body corporate; (b) any money then held by or on account of the Authority shall vest absolutely in the Crown and shall be dealt with as directed by the Minister; (c) the terms of office of members of the Authority then current shall expire; and (d) this Act and all by-laws and regulations made thereunder (if they have not already terminated) shall terminate. (5) The termination of this Act shall not affect- (a) the previous operation thereof or anything duly done or suffered thereunder; (b) any right, privilege, obligation or liability acquired, accrued or incurred thereunder; (c) any legal proceeding, arbitration or remedy in respect of such right, privilege, obligation or liability and any such legal proceeding, arbitration or remedy may be instituted, enforced or continued against the Crown in right of Queensland in place of the Authority.

Expo '88 Act 1984, No. 9 SCHEDULE 75 [s. 4]