Gold Coast Waterways Authority Act Repeal Act 1990 (Qld)

686 GOLD COAST WATERWAYS AUTHORITY ACT REPEAL ACT No. 32 of 1990 ANALY SIS OF C ONTENTS 1. Short title 2. Commencement 3. Repeal of Acts 4. Interpretation 5. Authority to cease to exist 6. Vesting of assets 7. Transfer of funds of Authority 8. Enforcement of accrued claims 9. Continuation of pending actions 10. Enforcement of agreements, etc. 11. Leases, licences and permits 12. Approvals under repealed Act for harbour works, etc. 13. Approvals under repealed Act for buoy moorings 14. Construing references to Authority 15. Gold Coast Waterways 16. Waterways deemed a harbour 17. Harbours Corporation to act as Harbour Board for Waterways 18. Employees of Authority to become officers of public service 19. Salary and conditions 20. Leave entitlements 21. Discipline 22. Superannuation 23. Trustees of superannuation scheme 24. Power of delegation 25. By-laws SCHEDULE 1

687 ueenslanb ANNO TRICESIMO NONO ELIZABETHAE SECUNDAE REGINAE No. 3 2 of 1990 An Act to repeal the Gold Coast Waterways Authority Act1979 -1989, to provide for The Harbours Corporation of Queensland to take over the assets and liabilities of the Authority and to assume certain functions and powers of the Authority, to provide continuity of employment for employees of the Authority and for related purposes [ASSENTED TO 15TH JUNE, 1990]

688 Gold Coast Waterways Authority Act Repeal Act 1990, No. 32 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:- 1. Short title. This Act may be cited as the Gold Coast Waterways Authority Act Repeal Act 1990. 2. Commencement . (1) Section 1 and this section commence on the day this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), the provisions of this Act commence on a day or days appointed by Proclamation. 3. Repeal of Acts. The Acts specified in Schedule 1 in the first column are repealed to the extent specified in the second column. 4. Interpretation . In this Act, unless a contrary intention appears- "appointed day" means the day appointed by Proclamation under section 2 (2) for the commencement of the provision in which the expression occurs; "Authority" means the Gold Coast Waterways Authority constituted under the Gold Coast Waterways Authority Act1979-1989; "department" means a department within the meaning of the Public Service Management and Employment Act 1988-1989; "harbour" means a harbour within the meaning of the Harbours Act 1955-1989,- "Harbours Corporation" means The Harbours Corporation of Queensland constituted under the Harbours Act 1955-1989; "officer of the public service" means an officer of the public service within the meaning of the Public Service Managementand Employment Act 1988-1989; "repealed Act" means the Gold Coast Waterways Authority Act1979-1989,- "Waterways" means the Gold Coast Waterways within the meaning of section 15. 5. Authority to cease to exist. On the appointed day, the members of the Authority go out of office and the Authority ceases to exist. 6. Vesting of assets . (1) On the appointed day any interest in property (real or personal) held by the Authority is hereby divested from the Authority and vested in the Harbours Corporation. (2) As soon as is practicable after the appointed day, any person whose duty is to keep any register (required to be kept pursuant to any Act) with respect to dealings with property must make in the register all recordings necessary to record any change in the ownership of an interest in property that occurs by virtue of subsection (1).

Gold Coast Waterways Authority Act Repeal Act 1990, No. 32 689 Stamp duty and other fees and charges are not payable in respect of the making of those recordings. (3) All land vested in the Harbours Corporation pursuant to this section is to be treated as having been designated as harbour lands and as having been confirmed by the Minister under and in accordance with section 62A of the Harbours Act 1955-1989. 7. Transfer of funds of Authority . (1) On and from the appointed day, any fund maintained by the Authority is taken to be maintained by the Harbours Corporation. (2) Money in any such fund must, as soon as is practicable after the appointed day, be transferred to the corresponding fund maintained by the Harbours Corporation under the Harbours Act 1955-1989. (3) Money transferred to a fund maintained by the Harbours Corporation may be used for any purpose for which money forming the fund may be used. 8. Enforcement of accrued claims. (1) On the appointed day, all moneys and liquidated or unliquidated claims that immediately before that day were payable to or recoverable by the Authority become payable to the Harbours Corporation and recoverable by it in the same way as those moneys or claims would have been recoverable by the Authority had this Act not been enacted. (2) On the appointed day, all moneys and liquidated or unliquidated claims that immediately before that day were payable by or recoverable against the Authority become payable by and recoverable against the Harbours Corporation. 9. Continuation of pending actions . All actions, suits and proceedings taken by or against the Authority and pending immediately before the appointed day may, on and from the appointed day, be continued, completed or enforced by or against the Harbours Corporation. 10. Enforcement of agreements , etc. On and from the appointed day, all agreements and undertakings entered into with, and all securities given to or by, the Authority, and in force immediately before that day are taken to be agreements or undertakings entered into with, or securities given to or by, the Harbours Corporation. 11. Leases , licences and permits . On the appointed day, any lease, licence or permit issued by the Authority under the repealed Act and subsisting immediately before that day is taken to have been issued by the Harbours Corporation under the Harbours Act 1955-1989. 12. Approvals under repealed Act for harbour works, etc. On the appointed day, any proposal with respect to harbour works or other work or any pile or other structure of any kind approved by the Authority under the repealed Act and subsisting immediately before that day is taken to have been sanctioned by the Governor in Council under section

690 Gold Coast Waterways Authority Act Repeal Act 1990, No. 32 86 of the Harbours Act 1955-1989 and the provisions of that Act apply on and from that day in respect of the construction or placement of the works or structure. 13. Approvals under repealed Act for buoy moorings. On the appointed day, any approval given under section 20 of the repealed Act relating to a buoy mooring and subsisting immediately before that day is taken to have been approved by The Marine Board of Queensland under section 198 (1) of the Queensland Marine Act 1958-1989 and the provisions of that Act apply on and from that day in respect of the buoy mooring. 14. Construing references to Authority. (1) On and from the appointed day, a reference in any other Act or in any document to the Authority is to be construed as a reference to the Harbours Corporation, to the extent to which that Act or that document permits such a construction. (2) Subsection (1) does not apply to any document evidencing approval given by the Authority under section 15 or 20 of the repealed Act. 15. Gold Coast Waterways . (1) Subject to subsection (2), "Gold Coast Waterways" means- (a) all areas south of latitude 27° 41'S below high water mark of Moreton Bay and the Broadwater including all navigable rivers communicating with those areas and the banks and foreshores thereof and all navigable rivers communicating with the Pacific Ocean to the south of such areas and the banks and foreshores thereof; and (b) all areas that pursuant to section 6 (2) of the Nerang RiverEntrance Development Act 1984 are taken to be within the limits of the Gold Coast Waterways. (2) The limits of the Gold Coast Waterways may be altered in accordance with section 9 of the Harbours Act 1955-1989. 16. Waterways deemed a harbour . On the appointed day, the Governor in Council is taken to have defined the limits of the Waterways as a harbour by Order in Council made under section 9 of the Harbours Act 1955-1989 and to have thereby assigned to the harbour the name Gold Coast Waterways. 17. Harbours Corporation to act as Harbour Board for Waterways. (1) On and from the appointed day, the Harbours Corporation has in relation to the Waterways the functions, authorities, powers and duties conferred or imposed upon Harbour Boards by the Harbours Act 1955-1989 as if it were the Harbour Board constituted under that Act for that harbour. (2) Subsection (1) does not prevent a Harbour Board being constituted under the Harbours Act 1955-1989 for the Waterways and if this occurs that subsection ceases to have effect.

Gold Coast Waterways Authority Act Repeal Act 1990, No. 32 691 18. Employees of Authority to become officers of p ublic service. (1) On the appointed day a person who, immediately before that day, was employed by the Authority on a full-time basis ceases to be employed by the Authority and is taken to be employed in the Department of Transport. (2) The chief executive must determine whether the person should be taken to be employed as an officer of the public service or on some other basis on which persons may be employed pursuant to the PublicService Management and Employment Act 1988-1989, such employment then being regulated in accordance with that Act. 19. Salary and conditions . A person who pursuant to section 18 is taken to be employed in the Department of Transport- (a) must be paid salary at a rate not less than that appropriate to the salary classification applicable to that person immediately before the appointed day; and (b) must be employed subject to the same conditions of employment as were applicable to the person immediately before the appointed day until those conditions are altered by any applicable industrial award or industrial agreement or pursuant to the Public ServiceManagement andEmployment Act 1988-1989. 20. Leave entitlements. (1) A person who pursuant to section 18 is taken to be employed in the Department of Transport is, while employed full-time either as an officer of the public service or otherwise as an employee of the Crown, to retain all leave entitlements accrued or accruing to the person immediately before the appointed day as an employee of the Authority. (2) The person may claim against the Crown in respect of those entitlements. (3) For the purpose of the accrual to the person of long service leave, service as an employee of the Crown and as an employee of the. Authority is taken to be continuous service as an employee of the Crown. 21. Discipline. (1) If, in the opinion of the chief executive of the department in which a former employee of the Authority holds office, the former employee is guilty of having engaged in conduct described in paragraph (a), (b), (c), (d) or (e) of section 29 (1) of the Public ServiceManagement and Employment Act 1988-1989 while an employee of the Authority, the chief executive may discipline or suspend from duty the employee in accordance with that Act. (2) The person disciplined has the rights of appeal provided by the Public Service Management and Employment Act 1988-1989. (3) Subsection (1) does not apply if the Authority disciplined the employee for that conduct or determined not to discipline the employee for that conduct.

692 Gold Coast Waterways Authority Act Repeal Act 1990, No. 32 (4) "Former employee of the Authority" means a person who pursuant to section 18 becomes an officer of the public service. 22. Superannuation . (1) In this section- "former employee of the Authority" means a person who, immediately before the appointed day, was a contributor to the Gold Coast Waterways Authority Staff Superannuation Fund and who, on the appointed day, becomes an employee of the Crown pursuant to section 18; "superannuation scheme" means the superannuation scheme administered by the Trustees of the Gold Coast Waterways Authority Staff Superannuation Fund under the repealed Act. (2) A former employee of the Authority may elect that superannuation entitlements under the superannuation scheme be transferred to the State Service Superannuation Fund. (3) A person is only entitled to make an election if the person- (a) is a contributor to the State Service Superannuation Fund; and (b) makes the election within 3 months after the appointed day. (4) An election must be made by notice in writing given to the administrators of the superannuation scheme. (5) If a former employee of the Authority makes an election, Part II of the Superannuation (Public Employees Portability and ActsAmendment) Act 1985 applies as if the person- (a) had voluntarily resigned from employment with the Authority immediately before the appointed day; and (b) had made an election in accordance with that Part. (6) Notwithstanding section 20 (8) and (9) of the State ServiceSuperannuation Act 1972-1989, a former employee of the Authority who, on the appointed day, becomes an employee of the Crown but not as an officer of the public service is entitled to be a contributor to the State Service Superannuation Fund if the person becomes a contributor to that fund within 6 months after the appointed day. 23. Trustees of superannuation scheme. (1) On the appointed day, the trustees of the superannuation scheme (within the meaning of section 22) go out of office but without affecting any liability incurred by them in the course of acting as trustees. (2) On and from the appointed day the Harbours Corporation is taken to be the trustee of the superannuation scheme. (3) The trust deed establishing the Gold Coast Waterways Authority Staff Superannuation Fund applies with all necessary modifications to the continued administration of the fund.

Gold Coast Waterways Authority Act Repeal Act 1990, No. 32 693 (4) Any arrangements for terminating the superannuation scheme have no effect unless approved by the Governor in Council. 24. Power of delegation . The power of delegation conferred on the Harbours Corporation by section 194 of the Harbours Act 1955-1989 extends to any function imposed or power conferred on the Harbours Corporation by this Act. 25. By-laws. (1) On the appointed day, the Gold Coast Waterways Authority By-laws in force immediately before that day are, with all necessary modifications, to be taken to be by-laws made by the Harbours Corporation under the Harbours Act 1955-1989 in respect of the Waterways and continue in operation but may be amended or repealed by the Harbours Corporation. (2) Subsection (1) does not apply to Chapter 4 of the By-laws or to by-laws made for the purpose of section 15, 16 or 20 of the repealed Act or to by-laws inconsistent with the Harbours Act 1955-1989, to the extent of the inconsistency. SCHEDULE 1 [s. 3] Name of Act Extent of repeal Gold Coast Waterways Authority Act 1979 Gold Coast Waterways Authority Act AmendmentAct 1980 Harbours Act and Other Acts Amendment Act 1980 Harbours Act and Other Acts Amendment Act 1989 Harbours Act and Other Acts Amendment Act 1982 Harbours Act and Other Acts Amendment Act 1987 the whole Act the whole Act Part III of the Act Part III of the Act Part IV of the Act Part III of the Act