Government Owned Corporations (Queensland Corrections Corporatisation) Regulation 1997 (Qld)

Queensland Government Owned Corporations Act 1993 GOVERNMENT OWNED CORPORATIONS (QUEENSLAND CORRECTIONS CORPORATISATION) REGULATION 1997 Reprinted as in force on 1 September 1997 (Regulation not amended up to this date) Reprint No. 1 This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy

Information about this reprint This regulation is reprinted as at 1 September 1997. Minor editorial changes allowed under the provisions of the Reprints Act 1992 have been made to omit provisions that are no longer required (s 40). See endnotes for information about when provisions commenced.

Queensland GOVERNMENT OWNED CORPORATIONS (QUEENSLAND CORRECTIONS CORPORATISATION) REGULATION 1997 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Meaning of “QCSC(QC) asset” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6 Meaning of “QCSC(QC) liability” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 PART 2—PREPARATORY MATTERS 7 Share capital . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 PART 3—QCSC IS DIVESTED OF QCSC(QC) ASSETS AND RELEASED FROM QCSC(QC) LIABILITIES 8 QCSC(QC) assets and liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 PART 4—TRANSITION TO QC Division 1—Staff 9 Officers and employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 10 Positions of officers and employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Division 2—General 11 QC is successor of QCSC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 12 Instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 13 Pending proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

2 Government Owned Corporations (QueenslandCorrections Corporatisation) Regulation 1997 PART 5—TRANSFER OF ASSETS AND LIABILITIES 14 Transfer of assets and liabilities to QC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 15 Consideration for transfer of assets to QC . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 PART 6—QC BECOMES STATUTORY GOC 16 Declaration of QC as GOC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 PART 7—FUNCTIONS OF QC 17 When part takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 18 Functions of QC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . 11 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 5 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

s1 3 s3 Government Owned Corporations (Queensland Corrections Corporatisation) Regulation 1997 GOVERNMENT OWNED CORPORATIONS (QUEENSLAND CORRECTIONS CORPORATISATION) REGULATION 1997 [reprinted as in force on 1 September 1997] PART 1—PRELIMINARY ˙ Short title 1. This regulation may be cited as the Government Owned Corporations (Queensland Corrections Corporatisation) Regulation 1997 . ˙ Commencement 2.(1) Part 3 commences on 31 August 1997. (2) Parts 4 to 8 commence on 1 September 1997. ˙ Purpose 3. The purpose of this regulation is— (a) to divest certain assets from, and release certain liabilities of, QCSC; and (b) to provide for a transition from QCSC(QC) to QC, including transferring certain officers and employees of QCSC to QC; and (c) to transfer the assets and liabilities mentioned in paragraph (a) to QC; and (d) to make QC a GOC.

s4 4 s5 Government Owned Corporations (Queensland Corrections Corporatisation) Regulation 1997 ˙ Definitions 4. In this regulation— “Administration Act” means the CorrectiveServices(Administration)Act 1988 . “corporatisation day” means 1 September 1997. “QC” means Queensland Corrections. “QCSC” means the Queensland Corrective Services Commission established under the Administration Act. “QCSC(QC)” means the candidate GOC that is the part of QCSC consisting of the following directorates— • Custodial Corrections • Community Corrections • Juvenile Detention. “QCSC(QC) asset” see section 5. “QCSC(QC) asset schedule” means a schedule showing assets of QCSC for the purpose of QCSC(QC) immediately before the corporatisation day. “QCSC(QC) balance sheet” means a balance sheet showing liabilities of QCSC for the purpose of QCSC(QC) immediately before the corporatisation day. “QCSC(QC) liability” see section 6. ˙ Meaning of “QCSC(QC) asset” 5.(1) A QCSC(QC) asset is an asset shown in the QCSC(QC) asset schedule. (2) An asset is also a QCSC(QC) asset although not shown in the QCSC(QC) asset schedule if, immediately before the corporatisation day, it is an asset of QCSC for the purposes of QCSC(QC).

s6 5 s8 Government Owned Corporations (Queensland Corrections Corporatisation) Regulation 1997 ˙ Meaning of “QCSC(QC) liability” 6.(1) A QCSC(QC) liability is a liability shown in the QCSC(QC) balance sheet. (2) A liability is also a QCSC(QC) liability although not shown in the QCSC(QC) balance sheet if, immediately before the corporatisation day, it is a liability to which QCSC is subject for the purposes of QCSC(QC). PART 2—PREPARATORY MATTERS ˙ Share capital 7. On the commencement of this section, QC is taken to have a share capital of $500 000 000 made up of 500 000 000 ordinary shares of $1 each. 1 PART 3—QCSC IS DIVESTED OF QCSC(QC) ASSETS AND RELEASED FROM QCSC(QC) LIABILITIES ˙ QCSC(QC) assets and liabilities 8.(1) This section takes effect immediately after 31 August 1997. (2) QCSC is divested of all QCSC(QC) assets and released from all QCSC(QC) liabilities. 1 This section provides for QC’s authorised share capital. Under section 58(2) (Share capital and issue of shares) of the Act, before QC becomes a GOC, it must apply the part of its capital that the responsible Ministers direct in paying up, in full, shares in itself.

s 9 6 s 11 Government Owned Corporations (QueenslandCorrections Corporatisation) Regulation 1997 PART 4—TRANSITION TO QC Division 1—Staff ˙ Officers and employees 9.(1) A person who, immediately before the corporatisation day, is an officer or employee of QCSC for the purposes of QCSC(QC) becomes an officer or employee of QC. (2) Until the rights of the officer or employee are changed, the officer or employee continues to be entitled to all existing and accruing rights of employment. (3) To the extent that a right mentioned in subsection (2) is preserved by section 174 2 of the Act, subsection (2) has no effect. (4) If a person mentioned in subsection (1) was suspended by QCSC before the corporatisation day, the suspension continues, and must be dealt with by QC. ˙ Positions of officers and employees 10. A person who, under this division, becomes an officer or employee of QC becomes the holder of a position equivalent to the position the person held for the purposes of QCSC(QC). Division 2—General ˙ QC is successor of QCSC 11.(1) QC is the successor in law of QCSC. (2) Subsection (1) applies subject to the operation of this regulation. 2 Section 174 (Preservation of leave entitlements of certain former officers and employees of government entities)

s 12 7 s 12 Government Owned Corporations (Queensland Corrections Corporatisation) Regulation 1997 (3) In this section— “QCSC” means the Queensland Corrective Services Commission, but only in relation to QCSC(QC), including to the extent of the responsibilities of QCSC(QC), immediately before the corporatisation day. ˙ Instruments 12.(1) This section applies to an instrument (other than a statutory instrument) in existence immediately before the corporatisation day. (2) An instrument applying to QCSC for the purposes of QCSC(QC) is to apply to QC in place of QCSC to the extent that it applied for the purposes of QCSC(QC). (3) Without limiting subsection (2)— (a) an instrument to which, immediately before the corporatisation day, QCSC was a party for the purposes of QCSC(QC), is taken to be an instrument to which QC is a party in the same way QCSC was a party for the purposes of QCSC(QC); and (b) an instrument given to, by or in favour of QCSC for the purposes of QCSC(QC) is taken to be an instrument given to, by or in favour of QC in the way it was given to, by or in favour of QCSC for the purposes of QCSC(QC); and (c) an instrument in which a reference is made to QCSC for the purposes of QCSC(QC) (including, for example, an instrument to which QCSC was a party for the purposes of QCSC(QC)) is taken to be an instrument in which the reference is made to QC in the way the reference was made to QCSC for the purposes of QCSC(QC); and (d) an instrument under which an amount is or may become payable to or by QCSC for the purposes of QCSC(QC) is taken to be an instrument under which the amount is or may become payable to or by QC in the way the amount was or might have become payable to or by QCSC for the purposes of QCSC(QC); and

s 13 8 s 15 Government Owned Corporations (Queensland Corrections Corporatisation) Regulation 1997 (e) an instrument under which other property is to be, or may become liable to be, transferred, conveyed or assigned to or by QCSC for the purposes of QCSC(QC) is taken to be an instrument under which the other property is to be, or may become liable to be, transferred, conveyed or assigned to or by QC in the way the property was to be, or might have become liable to be, transferred, conveyed or assigned to or by QCSC for the purposes of QCSC(QC). ˙ Pending proceedings 13. A proceeding by or against QCSC arising out of acts or omissions of QCSC for the purposes of QCSC(QC) that is not finished before the corporatisation day must be continued and finished by or against QCSC. PART 5—TRANSFER OF ASSETS AND LIABILITIES ˙ Transfer of assets and liabilities to QC 14.(1) The assets mentioned in section 8(2) 3 become the assets of QC. (2) The liabilities mentioned in section 8(2) are assumed by QC. ˙ Consideration for transfer of assets to QC 15.(1) The assumption of liabilities by QC under section 14(2) is part of the consideration for the transfer of assets to QC under section 14(1). (2) The remainder of the consideration is the creation of a debt owed by QC to the shareholding Ministers of the GOC that QC becomes under this regulation. (3) The amount of the debt is the market value, at 1 September 1997, of the assets shown in the QCSC(QC) asset schedule, less— 3 Section 8 (QCSC(QC) assets and liabilities)

s 15 9 s 15 Government Owned Corporations (Queensland Corrections Corporatisation) Regulation 1997 (a) the amount, at 1 September 1997, of the liabilities shown in the QCSC(QC) balance sheet; and (b) any amount that QC’s responsible Ministers direct QC, under section 58(2) 4 of the Act, to apply in paying up shares in itself. (4) For subsection (3)— (a) the market value, at 1 September 1997, of an asset is, unless another valuation is decided under subsection (6), taken to be the market value shown for the asset in the QCSC(QC) asset schedule for 31 August 1997; and (b) the amount, at 1 September 1997, of a liability is, unless another amount is decided under subsection (6), taken to be the amount of the liability shown in the QCSC(QC) balance sheet for 31 August 1997. (5) As soon as practicable after the commencement of this section, QCSC must complete the QCSC(QC) asset schedule and QCSC(QC) balance sheet. (6) The shareholding Ministers of the GOC that QC becomes under this regulation may change the QCSC(QC) asset schedule or the QCSC(QC) balance sheet at any time not later than 1 December 1997 to correct the market value of an asset or the amount of a liability as at 31 August 1997. (7) A change mentioned in subsection (6) must be taken into account for calculating the debt amount under subsection (3). 4 Section 58 (Share capital and issue of shares)

s 16 10 s 18 Government Owned Corporations (QueenslandCorrections Corporatisation) Regulation 1997 PART 6—QC BECOMES STATUTORY GOC ˙ Declaration of QC as GOC 16.(1) Subsection (2) takes effect as soon as the assets and liabilities mentioned in section 8(2) become, under section 14, 5 the assets and liabilities of QC. (2) QC is a GOC. PART 7—FUNCTIONS OF QC ˙ When part takes effect 17. This part takes effect when QC becomes a GOC under section 16(2). ˙ Functions of QC 18. QC’s functions are to contract to provide, and to provide, correctional and associated services, including to be engaged under section 19(2)(f) 6 of the Administration Act to conduct operations on QCSC’s behalf. 5 Section 14 (Transfer of assets and liabilities to QC) 6 Section 19 (Powers of Commission)

11 Government Owned Corporations (Queensland Corrections Corporatisation) Regulation 1997 ENDNOTES ´ 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 5 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 ´ 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). However, no amendments have commenced operation on or before that day. Future amendments of the Government Owned Corporations (Queensland Corrections Corporatisation) Regulation 1997 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 ´ AIA amd ch def div exp gaz hdg ins lap notfd om o in c p para prec pres prev = = = = = = = = = = = = = = = = = = Key Key to abbreviations in list of legislation and annotations Acts Interpretation Act 1954 amended chapter definition division expires/expired gazette heading inserted lapsed notified omitted order in council page paragraph preceding present previous (prev) proc prov pt pubd R[X] RA reloc renum rep s sch sdiv SIA SL sub unnum = = = = = = = = = = = = = = = = = previously proclamation provision part published Reprint No.[X] Reprints Act 1992 relocated renumbered repealed section schedule subdivision Statutory Instruments Act 1992 subordinate legislation substituted unnumbered

12 Government Owned Corporations (Queensland Corrections Corporatisation) Regulation 1997 ´ 4 List of legislation Government Owned Corporations (Queensland Corrections Corporatisation) Regulation 1997 SL No. 264 made by the Governor in Council on 28 August 1997 notfd gaz 29 August 1997 pp 1987–9 pt 3 commenced 31 August 1997 (see s 2(1)) pts 4–8 commenced 1 September 1997 (see s 2(2)) remaining provisions commenced on date of notification exp 28 August 2007 (see SIA s 54) ´ 5 List of annotations PART 8—AMENDMENT OF REGULATION pt 8 (ss 19–21) om R1 (see RA s 40) © State of Queensland 1997