Queensland Small Business Corporation Act 1990 (Qld)

Queensland QUEENSLAND SMALL BUSINESS CORPORATION ACT 1990 Reprinted as in force on 27 September 1994 (Act 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 Act is reprinted as at 27 September 1994. The reprint— • shows the law as amended by all amendments that commenced on or before that day • incorporates all necessary consequential amendments, whether of punctuation, numbering or another kind. The reprint includes a reference to the law by which each amendment was made—see List of legislation and List of annotations in Endnotes. Minor editorial changes allowed under the provisions of the ReprintsAct1992 mentioned in the following list have also been made to— • update citations and references (Pt 4, Div 2) • update references (Pt 4, Div 3) • correct spelling and use different spelling consistent with current legislative drafting practice (s 26(1) and (2)) • use standard punctuation consistent with current legislative drafting practice (s 27) • use conjunctives and disjunctives consistent with current legislative drafting practice (s 28) • use expressions consistent with current legislative drafting practice (s 29) • use aspects of format and printing style consistent with current legislative drafting practice (s 35) • omit provisions that are no longer required (ss 37, 38, 39 and 40) • omit the enacting words (s 42A). Also see Endnotes for— • details about when provisions commenced • further information about editorial changes made in the reprint, including— • Table of changed names and titles • Table of changed citations and remade laws • Table of obsolete and redundant provisions • Table of renumbered provisions.

Queensland QUEENSLAND SMALL BUSINESS CORPORATION ACT 1990 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1.1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1.2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1.3 Objective . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1.4 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 PART 2—THE CORPORATION 2.1 The Corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 2.2 Membership of Corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 2.3 Chair . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2.4 Appointment of deputy chair . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2.5 Tenure of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2.6 Disqualification from membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2.7 Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2.8 Casual vacancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2.9 Remuneration to members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 2.10 Functions of Corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 2.11 Corporation subject to direction of Minister . . . . . . . . . . . . . . . . . . . . . . . . . 11 2.12 Application of Public Sector Management Commission Act . . . . . . . . . . . 11 PART 3—PROCEDURE 3.1 Procedure generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 3.2 Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 3.3 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 3.4 Presiding officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

2 Queensland Small Business Corporation Act 1990 3.5 Conduct of affairs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 3.6 Disclosure of interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 3.7 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 3.8 Custody and affixing of seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 3.9 Authentication of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 3.10 Validity of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 PART 4—STAFF 4.1 Staff of Corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 4.2 Employment of staff of previous Corporation . . . . . . . . . . . . . . . . . . . . . . . . 15 4.3 Superannuation scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 4.4 Superannuation entitlements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 PART 5—FINANCIAL 5.1 Budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 5.2 Application of Financial Administration and Audit Act . . . . . . . . . . . . . . . . 18 5.3 Investments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 PART 6—GENERAL 6.1 Indemnity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 6.2 Termination of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 6.3 Dissolution of the Corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 6.4 Offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 6.5 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 6.6 Transfer of assets and liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 6.7 Duty to facilitate transfer of property etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 ENDNOTES 1 Index to Endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . 22 3 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 4 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 5 Table of changed names and titles . . . . . . . . . . . . . . . . . . . . . . . . . . 24 6 Table of changed citations and remade laws . . . . . . . . . . . . . . . . . . 24 7 Table of obsolete and redundant provisions . . . . . . . . . . . . . . . . . . . 25

3 Queensland Small Business Corporation Act 1990 8 Table of renumbered provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

s 1.1 5 s 1.3 Queensland Small Business Corporation Act 1990 QUEENSLAND SMALL BUSINESS CORPORATION ACT 1990 [reprinted as in force on 27 September 1994 2 ] An Act to constitute the Queensland Small Business Corporation; to authorise that Corporation to assist and promote small business and for other purposes PART 1—PRELIMINARY ˙ Short title 1.1 This Act may be cited as the Queensland Small Business Corporation Act 1990 3–8 . ˙ Commencement 1.2(1) Section 1.1 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), this Act is to commence on a day appointed by proclamation. ˙ Objective 1.3 The objective of this Act is to assist, encourage and promote the efficiency and expansion of small business activity in Queensland with a view to enhancing economic growth and employment opportunities and for the public benefit.

s 1.4 6 s 1.4 Queensland Small Business Corporation Act 1990 ˙ Interpretation 1.4 In this Act— “appointed member” means a member of the Corporation appointed under section 2.2(1)(b). “chair” means the presiding officer of the Corporation appointed under section 2.3. “Corporation” means the Queensland Small Business Corporation constituted by section 2.1. “deputy chair” means the deputy presiding officer of the Corporation elected pursuant to section 2.4(1). “financial year” means the period of 12 months ending on 30 June in any year. “previous Corporation” means the Small Business Development Corporation constituted by section 4(1) of the SmallBusinessDevelopment Corporation Act 1980 . “small business” means a business undertaking that is wholly owned and operated by a natural person or by natural persons in partnership or by a proprietary company within the meaning of the Companies (Queensland) Code and that— (a) has a relatively small share of the market in which it is operated; and (b) is managed personally by the owner or, as the case may be, directors; and (c) is not a subsidiary of or does not form part of a larger business or enterprise. “small business sector” means the aggregate of persons, whether incorporated or unincorporated, engaged in owning and operating small businesses and includes any association or group of such persons formed with a view to protecting or furthering the interests of such persons as the owners of small businesses.

s 2.1 7 s 2.2 Queensland Small Business Corporation Act1990 PART 2—THE CORPORATION ˙ The Corporation 2.1(1) The previous Corporation is hereby preserved, continued in existence and constituted as a body corporate under the name and style ‘Queensland Small Business Corporation’. (2) The Corporation, by the name assigned to it by subsection (1), has perpetual succession and a common seal and, subject to this Act, is capable of— (a) suing and being sued; (b) compounding or proving in any court of competent jurisdiction all debts due to it; (c) acquiring, holding, letting, leasing and alienating (by exchange, sale or otherwise) real and personal property or any interest therein, whether situated in or outside Queensland; (d) doing and suffering all other acts and things a body corporate may lawfully do and suffer. (3) All courts and persons acting judicially are to take judicial notice of the common seal of the Corporation and, until the contrary is proved, are to presume that the seal was duly affixed to a document on which it appears. ˙ Membership of Corporation 2.2(1) The Corporation is to consist of not less than 5 nor more than 7 members of whom— (a) 1 is to be the chief executive; and (b) the other members are to be appointed by the Governor in Council on the recommendation of the Minister by notification published in the Gazette. (2) In recommending a person pursuant to subsection (1)(b), the Minister is to have regard to that person’s experience in— (a) owning or operating a small business; or

s 2.3 8 s 2.5 Queensland Small Business Corporation Act 1990 (b) providing services to small business or the small business sector in the fields of (including but not limited to) education, training, management, accounting, research, law and finance. ˙ Chair 2.3 The Governor in Council on the recommendation of the Minister is to appoint, by notification published in the Gazette, 1 of the appointed members as chair. ˙ Appointment of deputy chair 2.4(1) The members may elect 1 of the appointed members to be deputy chair. (2) The deputy chair— (a) during such time as the chair is prevented by absence, illness or otherwise from performing the duties of that office, is to act in the office of chair; and (b) during such time as a vacancy exists in that office and while the deputy chair so acts, is to have and may exercise the powers and is to perform the functions and duties conferred or imposed upon the chair by or under this Act. ˙ Tenure of office 2.5(1) An appointed member is to hold office for such term not exceeding 3 years as the Governor in Council determines. (2) An appointed member, if that member is otherwise qualified, is eligible for reappointment as an appointed member. (3) The Governor in Council on the recommendation of the Minister may at any time remove an appointed member from office by notification published in the Gazette.

s 2.9 9 s 2.10 Queensland Small Business Corporation Act 1990 ˙ Disqualification from membership 2.6 A person who— (a) is an undischarged bankrupt or takes advantage of the laws in force for the time being relating to bankruptcy; or (b) has been or is convicted in Queensland of an indictable offence or has been or is convicted elsewhere in respect of an act or omission that if done or made by that person in Queensland would have constituted an indictable offence; or (c) is or becomes a patient within the meaning of the Mental HealthAct 1974 ; is not to be capable of being or continuing to be an appointed member. ˙ Vacation of office 2.7 The office of an appointed member becomes vacant if that member— (a) dies; (b) becomes incapable of continuing as a member; (c) is absent without prior leave of absence granted by the Corporation from 3 consecutive meetings of the Corporation of which due notice has been given to that member; (d) resigns that office by writing signed by that member and furnished to the Minister; (e) ceases to be qualified as a member; (f) is removed from office pursuant to section 2.5(3). ˙ Casual vacancies 2.8(1) When a casual vacancy occurs in the office of an appointed member the Governor in Council is to appoint in accordance with this Act another person qualified to be an appointed member. (2) A person appointed to fill a casual vacancy as an appointed member is to be appointed and hold office for the balance of the term of office of that person’s predecessor or until that person sooner vacates that office and, if

s 2.11 10 Queensland Small Business Corporation Act1990 s 3.2 that person is otherwise qualified, is eligible for reappointment as an appointed member. ˙ Remuneration to members 2.9(1) An appointed member is to be paid such fees and allowances (if any) in respect of the performance of that member’s duties as the Governor in Council may determine from time to time. (2) Fees and allowances are not to be paid to a member who is an officer of the public service for attendance at any meeting of the Corporation wholly held during ordinary office working hours of that officer. (3) Each member is to be paid such expenses as are necessarily incurred by that member in the discharge of that member’s duties and as the Corporation approves. ˙ Functions of Corporation 2.10 The functions of the Corporation are— (a) to promote the development and utilisation of private sector business management services to the small business sector; and (b) to promote awareness, and disseminate information, on sound business management practices required in the conduct of small business; and (c) to provide initial advice and counselling on sound business management practices to persons engaged in, or proposing to establish, a small business; and (d) to develop and facilitate the provision of training and educational programs relating to small business management; and (e) to consult with the small business sector and maintain liaison between it and the Minister; and (f) to advise the Minister on private sector views on policies, programs and issues affecting the small business sector; and (g) to undertake such other programs and activities as are approved by the Minister, on such terms and conditions as the Minister

s 3.3 11 s 3.5 Queensland Small Business Corporation Act 1990 determines. ˙ Corporation subject to direction of Minister 2.11(1) In the exercise and performance of its powers, functions and duties, the Corporation is to be subject to the general control and direction of the Minister. (2) Any direction given by the Minister pursuant to subsection (1) is to be in writing and— (a) the Auditor-General is to be given a copy of each such direction for audit purposes; and (b) a copy of each such direction is to be included in the Corporation’s annual report. ˙ Application of Public Sector Management Commission Act 2.12 For the purposes of the Public Sector Management Commission Act1990 , the Corporation is a unit of the public sector within the meaning of that Act. PART 3—PROCEDURE ˙ Procedure generally 3.1 Subject to this Act, the Corporation is to conduct its business in the manner it considers appropriate. ˙ Meetings 3.2(1) Subject to subsection (2), the chair is to convene meetings of the Corporation which, in the chair’s opinion, are necessary for the efficient conduct of its affairs. (2) If requested to do so in writing by 2 or more other members, the

s 3.6 12 s 3.6 Queensland Small Business Corporation Act 1990 chair is to convene a meeting of the Corporation. (3) The Corporation is to meet at least once in each quarter of each year. ˙ Quorum 3.3(1) Business is not to be conducted at a meeting of the Corporation unless a quorum is present. (2) A quorum of the Corporation is a majority of the total number of members for the time being. ˙ Presiding officer 3.4(1) The chair is to preside at all meetings of the Corporation at which the chair is present and, in the absence of the chair, the deputy chair, if present, is to preside. (2) If both the chair and the deputy chair are absent from a meeting, a member elected by the members present at that meeting (if they constitute a quorum) is to preside. (3) A member elected to preside at a meeting has and may exercise the powers and is to discharge the functions and perform the duties of the chair. ˙ Conduct of affairs 3.5(1) The Corporation is to discharge its functions, exercise its powers and perform its duties by the majority vote of its members present at a meeting and voting on the business in question. (2) Where a member, being present at a meeting, abstains from voting that member is to be taken to have voted in the negative. (3) The person who is duly presiding at a meeting has a deliberative vote and, in the event of an equality of votes, a casting vote. (4) If all the members sign a document containing a statement that they are in favour of a resolution in terms set out in the document, that resolution is to be taken to have been passed at a meeting of the members held on the day on which the document was signed and at the time at which the document was last signed by a member or, if the members signed the

s 3.6 13 s 3.6 Queensland Small Business Corporation Act 1990 document on different days, on the day on which, and at the time at which, the document was last signed by a member. (5) For the purposes of subsection (4), 2 or more separate documents containing statements in identical terms each of which is signed by 1 or more members are together to be taken to constitute one document containing a statement in those terms signed by those members on the respective days on which they signed the separate documents. ˙ Disclosure of interest 3.6(1) If a member of the Corporation has a pecuniary interest in a matter that is, or is to be, the subject of a contract, agreement or other arrangement to which the Corporation is, or is to be, party and is present at a meeting of the Corporation at which the matter is the subject of consideration, the member— (a) is to disclose the fact of the member’s interest at the meeting and before the matter is considered; and (b) is not to participate in the consideration of, or vote on, any question with respect to the matter; and (c) is to be disregarded for the purposes of constituting a quorum in respect of the consideration of the matter. (2) A disclosure made by a member of the Corporation in compliance with subsection (1) is to be recorded in the minute book of the Corporation. (3) The Corporation may by resolution exclude any member from a meeting whilst any matter in relation to which that member is required to disclose an interest under subsection (1) is being considered. (4) In subsection (1)— “pecuniary interest” — (a) does not include an interest that a member of the Corporation may have in a matter in common with members of the public; (b) does include a pecuniary interest known to a member as had by the member’s spouse or family member ordinarily resident with the member.

s 3.7 14 s 3.9 Queensland Small Business Corporation Act 1990 (5) Notwithstanding that a member of the Corporation contravenes a provision of this section, that contravention does not invalidate any decision of the Corporation or the discharge of a function, exercise of a power or the performance of a duty by it. (6) A member who fails to comply with this section commits an offence against this Act and is liable to a penalty not exceeding 50 penalty units. ˙ Minutes 3.7(1) The chair is to cause to be kept a record of all decisions of the Corporation whether made at a duly constituted meeting or by reference in writing and that record is to be presented to the next meeting of the Corporation for confirmation as to its correctness and is to be signed by the person who is presiding at that subsequent meeting and thereupon that record forms part of the minutes of that meeting. (2) Every entry in the minute book purporting to be signed as prescribed and every writing purporting to be a copy of or extract from such an entry and to be certified by the chair, upon its production in any proceeding, is evidence, and in the absence of evidence to the contrary, conclusive evidence, of the matters contained therein. ˙ Custody and affixing of seal 3.8(1) The common seal of the Corporation is to be kept in the custody of the chair or such other person as may be authorised by resolution of the Corporation. (2) The common seal is to be affixed to a document only in pursuance of a resolution of the Corporation and by the person having the custody of the seal in accordance with subsection (1). ˙ Authentication of documents 3.9 A document purporting to be made by or on behalf of the Corporation, other than a document that requires the common seal of the Corporation to be affixed, is duly made if it bears the signature of the chair or of a person authorised by resolution of the Corporation in that behalf.

s 3.10 15 Queensland Small Business Corporation Act1990 s 4.2 ˙ Validity of proceedings 3.10 Any act, proceeding or decision of the Corporation is not invalid by reason only of any defect in the qualification, membership or appointment of any member thereof or a vacancy in the membership of the Corporation at the time of that act, proceeding or decision. PART 4—STAFF ˙ Staff of Corporation 4.1(1) The Corporation may appoint and employ on salary or wages or engage and employ pursuant to contracts such persons as are necessary for the effectual administration of this Act. (2) Subject to any applicable award of an industrial court, tribunal or authority or any industrial agreement, persons employed by the Corporation are to be paid salaries, wages and allowances at such rates and are to be employed under such conditions of employment (including conditions as to leave entitlements) as the Corporation, after consultation with the Public Sector Management Commission, determines. (3) The Public Service Management and Employment Act 1988 does not apply to any employee of the Corporation. (4) All employees of the Corporation are public sector employees within the meaning of the Public Sector Management Commission Act 1990 . ˙ Employment of staff of previous Corporation 4.2(1) In this section— “employee of the previous Corporation” means a person who immediately prior to the commencement of this Act held paid employment with the previous Corporation. (2) On the commencement of this Act, every employee of the previous Corporation becomes an employee of the Corporation on such terms and conditions, subject to any applicable award or industrial agreement, as the

s 4.3 16 s 4.3 Queensland Small Business Corporation Act 1990 Corporation may determine, but no less favourable than the terms and conditions upon which that person was employed by the previous Corporation immediately before that commencement. (3) A person who becomes an employee of the Corporation pursuant to subsection (2)— (a) retains all rights accrued or accruing as an employee of the previous Corporation; and (b) is entitled to receive annual, sick and long service leave and any similar entitlement accrued or accruing to that person as an employee of the previous Corporation; and that person’s service as an employee of the previous Corporation is to be taken to be service as an employee of the Corporation for the purposes of any law under which those rights accrued or were accruing or by which that entitlement is conferred. (4) A person who becomes an employee of the Corporation pursuant to subsection (2) is not entitled to claim, both under this Act and any other Act, benefits in respect of the same period of service. ˙ Superannuation scheme 4.3(1) The Corporation— (a) is authorised to continue to maintain and participate in the superannuation scheme which the previous Corporation established and maintained; and (b) may, with the approval of the Governor in Council, establish and maintain or participate in another superannuation scheme; and (c) may, with the approval of the Governor in Council, amend any superannuation scheme referred to in paragraph (a) or (b); for the provision of superannuation benefits to its employees, and to that end may provide in the manner it considers appropriate for the continuation, establishment and maintenance, as the case may be, of the scheme or schemes it considers necessary or desirable and may contribute thereto. (2) Each superannuation scheme—

s 5.2 17 s 6.1 Queensland Small Business Corporation Act 1990 (a) continued to be maintained; and (b) established and maintained; pursuant to subsection (1) is to be audited by the Auditor-General as if that scheme were an account referred to in section 57(2) of the FinancialAdministration and Audit Act 1977 . ˙ Superannuation entitlements 4.4 A person who, pursuant to section 4.2, becomes an employee of the Corporation— (a) retains all entitlements accrued or accruing to that person as a contributor to or member of the superannuation scheme referred to in section 4.3(1)(a); and (b) is to continue to contribute to that scheme; and (c) is entitled to payments and other benefits therefrom in respect of that person. PART 5—FINANCIAL ˙ Budget 5.1(1) The Corporation— (a) within the financial constraints the Minister specifies, is to frame a budget for each financial year showing— (i) estimates of the receipts and disbursements of the Corporation for the financial year to which the budget relates; (ii) the purposes for which disbursements will be made by the Corporation in the financial year to which the budget relates; (iii) estimates of receipts and disbursements adopted by the Corporation in respect of the previous financial year and the actual receipts and disbursements for that financial year; and

s 6.2 18 s 6.3 Queensland Small Business Corporation Act 1990 (b) within the time the Minister specifies, is to present that budget to the Minister for approval. (2) The Minister is to approve— (a) each budget presented under subsection (1); or (b) each such budget, as varied in the manner the Minister considers appropriate. (3) The Minister may specify terms and conditions pursuant to which a budget may be amended. (4) A budget amended in accordance with the terms and conditions the Minister specifies pursuant to subsection (3) is to be the budget of the Corporation for the financial year for which it was prepared. (5) The Corporation is to observe its budget as approved by the Minister. ˙ Application of Financial Administration and Audit Act 5.2 For the purposes of the Financial Administration and Audit Act 1977 , the Corporation is a statutory body within the meaning of that Act. ˙ Investments 5.3 The Corporation 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 Statutory BodiesFinancialArrangementsAct1982 as a permissible investment for a statutory body within the meaning of that Act. PART 6—GENERAL ˙ Indemnity 6.1 The Corporation is to indemnify every member, employee and agent of the Corporation against all actions, proceedings and claims in relation

s 6.4 19 s 6.6 Queensland Small Business Corporation Act 1990 to— (a) acts done, or omitted to be done, by the person without negligence under this Act; or (b) acts done, or omitted to be done, by the person in good faith and without negligence for the purposes of this Act. ˙ Termination of Act 6.2(1) This Act expires on 31 December 1995. (2) Before 30 June 1995 the Minister is to commence a review of the operation of the Act and in the course of that review the Minister is to consider and have regard to— (a) the effectiveness of the operations of the Corporation; and (b) the need for the continuation of the Corporation; and (c) such other matters as the Minister considers are relevant to the operation and effectiveness of this Act. (3) The Minister is to prepare a report based on the review made under subsection (2) and is to cause that report to be laid before Parliament— (a) before 30 September 1995; or (b) if Parliament does not sit in September 1995—on or before the third sitting day thereafter. (4) Upon the termination of this Act the Corporation ceases to exist and its members cease to hold office. ˙ Dissolution of the Corporation 6.3(1) Prior to the Corporation ceasing to exist under this Act, the Governor in Council, by order in council, on the recommendation of the Minister— (a) may— (i) declare that upon the Corporation ceasing to exist, its assets and liabilities are to vest in the manner and in the person or body as the Governor in Council considers appropriate; and

s 6.4 20 s 6.6 Queensland Small Business Corporation Act 1990 (ii) make such ancillary provisions as are necessary or desirable to secure that vesting; and (b) is to make such provision as is necessary or desirable in respect of— (i) the superannuation schemes referred to in section 4.3(2); and (ii) the persons then employed by the Corporation; and the order in council is to have effect according to its tenor. (2) If the Governor in Council does not exercise the power conferred by subsection (1)(a), the assets and liabilities of the Corporation, upon its ceasing to exist, are to be assets and liabilities of the Crown. ˙ Offences 6.4 Proceedings in respect of an offence against this Act are to be taken in a summary way under the Justices Act 1886 within 1 year after the offence is committed or within 6 months after the commission of the offence comes to the knowledge of the complainant, whichever period is the later to expire, upon the complaint of a person authorised by the Minister either generally or in a particular case. ˙ Regulations 6.5 The Governor in Council may make regulations, consistent with this Act, with respect to all matters that in the opinion of the Governor in Council are necessary or convenient for the proper administration of this Act or to achieve the objects and purposes of this Act. ˙ Transfer of assets and liabilities 6.6 Unless a contrary intention appears, a reference in any Act, document or writing to the previous Corporation is to be construed as a reference to the Corporation.

s 6.7 21 s 6.7 Queensland Small Business Corporation Act 1990 ˙ Duty to facilitate transfer of property etc. 6.7(2) The Registrar of Titles and all other persons charged with the keeping of a register with respect to dealings with property vested in the Corporation by section 6.6 are, upon request made by or on behalf of the Corporation, to make in that register all endorsements necessary to record the vesting in the Corporation of the property in question pursuant to that section. (3) Notwithstanding any Act to the contrary, a request made for the purposes of subsection (2) is not liable to stamp duty and no fees or charges are payable in respect thereof.

22 Queensland Small Business Corporation Act 1990 ENDNOTES ´ 1 Index to Endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 3 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 4 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 5 Table of changed names and titles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 6 Table of changed citations and remade laws . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 7 Table of obsolete and redundant provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 8 Table of renumbered provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 ´ 2 Date to which amendments incorporated This is the reprint date mentioned in the ReprintsAct1992, section 5(c). However, no amendments have commenced operation on or before that day. Future amendments of the Queensland Small Business Corporation Act 1990 may be made in accordance with this reprint under the Reprints Act 1992, section 49. ´ 3 List of legislation Queensland Small Business Corporation Act 1990 No. 81 date of assent 14 November 1990 ss 1.1–1.2 commenced on date of assent remaining provisions commenced 8 December 1990 8 December 1990 p 1655) (proc pubd Gaz

23 Queensland Small Business Corporation Act 1990 ´ 4 List of annotations Key to abbreviations in list of annotations amd Ch cl def Div hdg ins om prec pres prev (prev) prov Pt R1 RA renum Sdiv sub = = = = = = = = = = = = = = = = = = = amended Chapter clause definition Division heading inserted omitted preceding present previous previously provision Part Reprint No. 1 Reprints Act 1992 renumbered Subdivision substituted Provisions not included in reprint, or amended by amendments not included in reprint, are underlined Long title amd R1 (see RA s 37) Commencement s 1.2 amd R1 (see RA s 39) Interpretation s 1.4 def “department” om R1 (see RA s 39) def “Director-General” om R1 (see RA s 39) def “Minister” om R1 (see RA s 39) Membership of Corporation s 2.2 amd R1 (see RA s 38) Budget s 5.1 amd R1 (see RA s 38) Transfer of assets and liabilities s 6.6 amd R1 (see RA s 38) Duty to facilitate transfer of property etc. s 6.7 amd R1 (see RA s 38) Repeals s 6.8 om R1 (see RA s 40)

24 Queensland Small Business Corporation Act 1990 ´ 5 Table of changed names and titles TABLE OF CHANGED NAMES AND TITLES under the Reprints Act 1992 ss 23, 23A and 29 Old New Reference provision Director-General (or a similar title) chief executive see Reprints Act 1992 s 29, example 27 ´ 6 Table of changed citations and remade laws TABLE OF CHANGED CITATIONS AND REMADE LAWS under the Reprints Act 1992 ss 21A and 22 Old New Reference provision Mental Health Services Act 1974 Mental Health Act1974 Health Services Act 1991 s 9.1(2)

25 Queensland Small Business Corporation Act 1990 ´ 7 Table of obsolete and redundant provisions TABLE OF OBSOLETE AND REDUNDANT PROVISIONS under the Reprints Act 1992 s 39 Omitted provision Provision making omitted provision obsolete/redundant definitions to be read in context def “Department” def “Director-General” (or a similar title) def “Minister” references to commencement of Act references to Queensland implied Acts Interpretation Act 1954 s 32A Acts Interpretation Act 1954 s 36 def “department” and s 33(5) (see also ReprintsAct 1992 s 39, example 2) Acts Interpretation Act 1954 s 36 def “chief executive” and ss 33(5B) and 24B(8)(b) (see also Reprints Act 1992 s 39, example 2) Acts Interpretation Act 1954 s 36, 33(1)–(4) and 24B(8)(b) (see also Reprints Act 1992 s 39, example 2) Acts Interpretation Act 1954 s 15C(2) Acts Interpretation Act 1954 s 35 ´ 8 Table of renumbered provisions Previous TABLE OF RENUMBERED PROVISIONS under section 43 of the Reprints Act 1992 Renumbered as 6.6(2) 6.6