Port of Brisbane Authority Act Amendment Act 1979 (Qld)

534 mensfar^ ANNO VICESIMO OCTAVO ELIZABETHAE SECUNDAE REGINAE No. 56 of 1979 An Act to amend the Port of BrisbaneAuthorityAct1976-1979 in certain particulars [ASSENTED TO 30TH NOVEMBER, 19791 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 and citation . (1) This Act may be cited as the Port of Brisbane Authority Act Amendment Act 1979. (2) In this Act the Port of Brisbane Authority Act1976-1979 is referred to as.the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Port of Brisbane Authority Act1976-1979. 2, Amendment of s. 4. Section 4 of the Principal Act is amended by omitting the terms " Brisbane City Council " and " contiguous Local Authorities ".

Port of Brisbane Authority Act Amendment Act 1979, No. 56 535 3. Repeal of and new s. 6. The Principal Act is amended by repealing section 6 and substituting the following section:- " 6. Members of Port Authority . (1) The Port Authority shall consist of nine members ordinarily resident within Queensland who, at the date of their appointment, have not attained the age of 70 years. (2) The members of the Port Authority shall be appointed by the Governor in Council, on the recommendation of the Minister, by notification published in the Gazette. (3) Where a member (who is an officer of the Port Authority or the Public Service of Queensland) is unable to attend meetings of the Port Authority the person appointed to perform the duties of the office of that officer shall, whilst that member is unable to so attend, be the deputy of that member and shall, in the absence of that member attend any meeting of the Port Authority in the stead of that member and whilst so attending shall have and may exercise all the powers, authorities, functions and duties of a member of the Port Authority.". 4. Amendment of s. 7. Section 7 of the Principal Act is amended by- (a) omitting the words " , other than a member ex officio,"; (b) omitting the word " nominated " and substituting the word " recommended ". 5. Repeal of ss. 8 - 10 and new s. 8. The Principal Act is amended by repealing sections 8, 9 and 10 and substituting the following section:- " 8. Proprietary and business interests to be declared . - Before the Minister makes a recommendation pursuant to section 6 (2) he shall require each person who he so intends to recommend to furnish to him a statutory declaration as to the extent and nature of all proprietary or business interests had by that person that stand to be benefited directly by the operation of the port and from time to time while he is a member of the Port Authority, if there is any change in such interests, he shall furnish to the Minister a further statutory declaration as to the extent and nature of such interests then had by him. A justice of the peace is hereby authorized to take a statutory declaration for the purposes of this section. For the purposes of this section, if a person- (a) owns shares (whether beneficially or otherwise) in a body corporate that stands to be benefited directly by the operation of the port; or (b) is a member of or the spouse. of a member of a firm that stands to be benefited directly by the operation of the port; or (c) is a director or employee of a body corporate or is an employee of a firm that, in either case, stands to be benefited directly by the operation of the port, he shall be taken to thereby have a proprietary or business interest that stands to be benefited directly by the operation of the port and he shall declare the same as prescribed.".

536 Port of Brisbane Authority Act Amendment Act 1979, No. 56 6. Amendment of s. 11. Section 11 of the Principal Act is amended by- (a) in subsection ( 1), omitting the words ", other than a member ex officio "; (b) omitting subsection ( 2) and substituting the following subsection:- " (2) The Governor in Council may at any time remove from office a member of the Port Authority.". 7. Amendment of s. 12. Section 12 of the Principal Act is amended by- (a) in subsection (1), (i) omitting the words ", other than a member ex officio,"; (ii) omitting provision (d); (i^i^i) omitting the expression ";" appearing at the end of provision (c) and substituting the expression "."; (b) in subsection (2), (i) omitting the words ", other than a member ex officio,"; (ii) omitting the expression " 10 " and substituting the expression 66 6 $1; S ( c) omitting subsection (3). 8. Amendment of s. 13 . Section 13 of the Principal Act is amended by in subsection (1)- (a) omitting the words " ( whether members appointed or members ex offi cio)"; (b) omitting the words ", other than a member ex officio,". 9. Amendment of s. 14. Section. 14 of the Principal Act is amended by- (a) omitting the note appearing in and at the beginning of the section and substituting the note " Entitlements of employees."; (b) omitting subsection (1); (c) re-numbering the existing subsections (2), (3), (4) and (5) as subsections (1), (2), (3) and (4) respectively; (d) in subsection (4) as so renumbered by this section, omitting the expression " (4) " and substituting the expression " (3) ". 10. Amendment of s. 15. Section 15 of the Principal Act is amended by omitting the words " the General Manager of the Port Authority " and substituting the words " an officer of the Port Authority ". 11. Amendment of s. 17. Section 17 of the Principal Act is amended by adding at the end of the section the following subsection:- " (6) The Minister may issue directions to the Port Authority on matters of policy and the exercise of its powers and functions and the Port Authority shall observe and carry out the directions so given.". 12. Amendment of s. 24 . Section 24 of the Principal Act is amended by, in subsection (1), omitting paragraph (a) and substituting the following paragraph:- ( aa) ) all moneys received by it in respect of work undertaken by it at the Cairncross Graving Dockyard or for the use of such

Port of Brisbane Authority Act Amendment Act 1979, No. 56 537 Dockyard or any facility at the Dockyard , including dues, hiring charges and charges for labour supplied or services rendered by it; ". 13. Amendment of s. 48 . Section 48 of the Principal Act is amended by- (a) in subsection (1), omitting subparagraphs (f) and (g) and the word " and " appearing between those subparagraphs and substituting the following subparagraphs:- (f) an annual income and expenditure account in respect of each of them the Graving Dock operation and all other operations of the Port Authority; and (g) a balance sheet or balance sheets at the close of the year in question showing separately the financial position in respect of the Graving Dock operation and all other operations of the Port Authority."; (b) omitting subsections (2), (3), (4) and (5) and substituting the following subsections:- " (2) Every statement, account and balance sheet referred to in subsection (1) shall be signed as correct by the Chairman and General Manager and sealed with the seal of the Port Authority. (3) Forthwith upon completion of the preparation of the statements, accounts and balance sheets specified in subsection (1) the Port Authority shall lay them and the accounts of the Port Authority balanced in accordance with that subsection (accompanied by proper vouchers in support thereof and all books, papers, writings and records of the Port Authority relating thereto) before the auditor appointed under this Act to examine the accounts of the Port Authority. (4) Until the annual financial statements have been audited pursuant to section 49 and laid before the Legislative Assembly pursuant to section 77 no such statement.shall be sold or made available to any person other than the Auditor-General or a person acting in aid of him, the Minister or a person nominated by him or a member or an officer of the Port Authority or a person acting on behalf of the Port Authority. . (5) When the annual financial statements have been audited and laid before the Legislative Assembly as specified in subsection (4) the Port Authority shall cause to be published in a newspaper circulating in the City of Brisbane a notice to the effect that such statements are open to inspection at the public office of the Port Authority and that a copy thereof may be purchased by payment to the Port Authority of an amount specified, which may be fixed from time to time by resolution of the Port Authority.". 14. Repeal of and new s. 49. The Principal Act is amended by repealing section 49 and substituting the following section:- " 49. Audit. (1) The accounts of the Port Authority shall be audited by the Auditor-General or an authorized officer within the meaning of the Financial Administration and Audit Act1977-1978

538 Port of Brisbane Authority Act Amendment Act 1979, No. 56 directed by the Auditor-General, each of whom shall have with respect to such audit and accounts all the powers and authorities conferred on him by that Act. The fee payable by the Port Authority in respect of the audit shall be fixed by the Auditor-General. (2) The Auditor-General shall certify whether the statements of account prepared on behalf of the Port Authority- (a) are, where applicable, prepared in the form required by this Act; (b) are in agreement with the accounts; and (c) in his opinion fairly set out the financial transactions for the period to which they relate and show a true and fair view of the state of affairs at the close of that period. (3) The Auditor-General shall, at least once in each year, report to the Minister through the Treasurer the results of each audit carried out pursuant to this section and shall, if he thinks fit, include with the report recommendations to the Minister or to the Chairman with respect to the financial statements and the manner of operating and maintaining the accounts in question. A copy of such report and recommendations (if any) shall be furnished to the Chairman. The Minister or, as the case may be, the Chairman shall give due consideration to the report and the recommendations (if any) of the Auditor-General made pursuant to this subsection. (4) The Auditor-General shall include in his annual report to Parliament such matters with respect to the financial transactions of the Port Authority as he thinks fit: Provided that if in the opinion of the Auditor-General, the circumstances so warrant, he may make an additional or special report to Parliament at any time. (5) The report of the Auditor-General together with the accounts certified as prescribed by subsection (2) shall be submitted to the members of the Port Authority at the first ordinary meeting held after the report becomes available to the Chairman.". 15. Repeal of and new s . 77. The Principal Act is amended by repealing section 77 and substituting the following section:- " 77. Annual Report. (1) As soon as is practicable after the expiration of its financial year the Port Authority shall furnish to the Minister a report on its operations throughout that year. (2) The report shall include such statements of account and other financial and relevant information prescribed by section 48 (1), together with the certificate of the Auditor-General prescribed by section 49 (2).

Port of Brisbane Authority Act Amendment Act 1979, No. 56 539 (3) The Minister shall lay the report of the Port Authority before the Legislative Assembly- (a) within 14 sitting days of his receipt of the report if the Assembly is then sitting; or (b) if the Assembly is not then sitting, within 14 days after the commencement of its sitting next following his receipt of the report.".