Queensland Tourist and Travel Corporation Act Amendment Act 1991 (Qld)

259 QUEENSLA N D TOURIST AND T ^ , iT C C)-ZI PORATION ACT AMENDMENT ACT No. 18 of 1991 ANALYSIS OF CONTENTS 1. Short title 2. Principal Act and amended citation 3. Amendment of s. 2. Arrangement of Act 4. Amendment of s. 4. Interpretation 5. Repeal of and new s. 7. Members of Corporation Membership of Corporation 6. Amendment of s. 9. Term of appointment of members 7. Amendment of s. 10. Vacating member's office 8. Amendment of s. 11. Casual vacancy in member's office 9. Amendment of s. 12. Fees and allowances of members 10. Amendment of s. 13. Functions of Corporation 11. Amendment of s. 14. Powers to discharge functions 12. Amendment of s. 16. Engagement and employment of staff 13. Amendment of s. 24. Notice of meetings 14. Amendment of s. 26. Conduct of Corporation's affairs 15. New headings and ss. 29A, 29B, 29C, 29D and 29E Constitution of subsidiary corporations Functions of subsidiary corporations Powers of subsidiary corporations Subsidiary corporations subject to direction of Corporation No duty on rearrangement of assets 16. New divisional heading and section Advisory Council 17. Amendment of s. 30. Funds to be maintained 18. New s. 33A Development Fund 19. Repeal of Part IV 20. Amendments re word "Chairman" SCHEDULE

260 ANNO QUADRAGESIMO ELIZABETHAE SECUNDAE REGINAE No. 18 of 1991 An Act to amend the Queensland Tourist and Travel Corporation Act 19 79-1989 in certain particulars [ASSENTED TO 1ST MAY, 1991]

Queensland Tourist and Travel Corporation Act Amendment Act 1991, No. 18 261 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 Queensland Tourist and Travel Corporation Act Amendment Act 1991. 2. Principal Act and amended citation . (1) In this Act the QueenslandTourist and Travel Corporation Act 1979-1989 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Queensland Tourist and Travel Corporation Act 1979-1991. 3. Amendment of s. 2. Arrangement of Act. Section 2 of the Principal Act is amended- (a) by inserting after the words "Division 3-Proceedings and Business of Corporation;" the following:- "PART IIA-SUBSIDIARY CORPORATIONS AND ADVISORY COUNCIL (ss. 29A-29F); Division 1-Subsidiary Corporations; Division 2-Advisory Council;"; (b) by omitting the words "PART IV-FINANCIAL ASSISTANCE TO PROMOTERS OF PROJECTS (ss. 50-59);". 4. Amendment of s. 4 . Interpretation . Section 4 of the Principal Act is amended by omitting the definition "Minister" and substituting the following definition:- "Minister" includes a Minister of the Crown for the time being acting for or on behalf of the Minister;". 5. Repeal of and new s. 7 . Members of Corporation . The Principal Act is amended by repealing section 7 and substituting the following section:- "7. Membership of Corporation . (1) The Corporation is to consist of 7 members 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), the Minister is to have regard to that person's management skills and knowledge of the tourist and travel industry. (3) The Governor in Council, on the recommendation of the Minister, may appoint a person from or the holder of a particular position in- (a) the department; and (b) the Treasury department; to be observers at meetings of the Corporation.".

262 Queensland Tourist and Travel Corporation Act Amendment Act 1991, No. 18 6. Amendment of s. 9. Term of appointment of members . Section 9 of the Principal Act is amended- (a) by omitting from subsection (1) the words ", other than the member ex officio,"; (b) by omitting from subsection (2) the words ", other than the member ex officio,"; (c) by omitting subsection (3). 7. Amendment of s. 10 . Vacating member ' s office. Section 10 of the Principal Act is amended- (a) by omitting from subsection ( 1) the words ", other than the member ex officio"; (b) by omitting from subsection (2) the words ", other than the member ex officio or the person who is the General Manager of the Corporation"; (c) in subsection (3)- (i) by omitting from the end of paragraph (d) the expression ";" and substituting the expression "."; ( ii) by omitting paragraph (e). 8. Amendment of s. 11. Casual vacancy in member's office . Section 11 of the Principal Act is amended- (a) by omitting from subsection (1) the words ", other than the member ex officio,"; (b) by omitting from subsection (2) the words ", other than the member ex officio," and the words "or, in the case of the General Manager, may". 9. Amendment of s. 12. Fees and allowances of members . Section 12 of the Principal Act is amended- (a) by omitting from subsection (1) the words "Subject to subsection (2), such" and substituting the word "Such"; (b) by omitting subsection (2). 10. Amendment of s. 13. Functions of Corporation . Section 13 of the Principal Act is amended- (a) in subsection (1)- (i) by inserting in paragraph (a) after the word "market" the words ", both domestically and internationally,";

Queensland Tourist and Travel Corporation Act Amendment Act 1991, No. 18 263 (ii) by omitting paragraph ( e) and substituting the following paragraph:- "(e) to prepare a State Tourist Industry Strategy Plan;"; (b) by inserting in subsection (3) after the words "may issue" the word "written"; (c) by inserting at the end thereof the following subsection:- "(4) In the preparation of its State Tourist Industry Strategy Plan the Corporation is to extensively consult with the tourist industry, the general community and appropriate departments.". 11. Amendment of s. 14. Powers to discharge functions . Section 14 of the Principal Act is amended- (a) in subsection (2)- (i) by omitting from paragraph (a) the words "acquire real or i personal property or both real and personal property" and substituting the words "acquire, hold, let, lease and alienate (by exchange, sale or otherwise) real and personal property"; (ii) by inserting in paragraph (f) after the words "make available" the words ", with or without any charge or fee the Corporation may specify,"; (iii) by omitting from paragraph (h) the word "oversee" and substituting the word " assist"; (b) by omitting from subsection (4) the words "the purpose of a tourist or travel venture or developmental project in which it engages or participates or for any other" and substituting the word "any". 12. Amendment of s. 16. Engagement and employment of staff. Section 16 of the Principal Act is amended by omitting from subsections (2) and (3) the word "department" and substituting the words "Department of Employment, Vocational Education, Training and Industrial Relations" in each case. 13. Amendment of s. 24. Notice of meetings . Section 24 of the Principal Act is amended- (a) by inserting in the first paragraph, after the word "Corporation" the words "and any observers appointed under section 7 (3)"; (b) by inserting in the second paragraph, after the words "all the ( m 3) e " m ; bers" the words "and any observers appointed under section 7 (c) by inserting in the third paragraph, after the word "member" the words "and any observer appointed under section 7 (3)". 14. Amendment of s. 26. Conduct of Corporation ' s affairs. Section 26 of the Principal Act is amended in subsection (2) by inserting in

264 Queensland Tourist and Travel Corporation Act Amendment Act 1991, No. 18 paragraph (b) after the word "members" the words "and any observers appointed under section 7 (3)". 15. New headings and ss. 29A, 29B, 29C, 29D and 29E. The Principal Act is amended by inserting after section 29 the following headings and sections:- "PART IIA- SUBSIDIARY CORPORATIONS AND ADVISORY COUNCIL Division 1-Subsidiary Corporations 29A. Constitution of subsidiary corporations . (1) There is hereby constituted the following body corporates under the names and styles:- (a) "Queensland Holidays and Travel"; (b) "Australian Travel and Leisure Automated Systems"; each, in this Part, called a "subsidiary corporation". (2) Each subsidiary corporation, by the name assigned to it by subsection (1)- (a) is a body corporate; (b) is to have a seal; (c) may acquire, hold and dispose of real and personal property whether situated in or outside Queensland; and (d) may sue and be sued in its corporate name. (3) The seal of each subsidiary corporation is to be kept in the custody of the person appointed by the relevant subsidiary corporation and is not to be used except as authorized by the relevant subsidiary corporation. (4) All courts and persons acting judicially are to take judicial notice of the seal of each subsidiary corporation and, until the contrary is proved, are to presume that each seal was duly affixed to a document on which it appears. (5) On and from the commencement of the Queensland Tourist and Travel Corporation Act Amendment Act 1991, the business names "Queensland Holidays and Travel" and "Australian Travel and Leisure Automated Systems" registered under the Business Names Act 1962-1990 are cancelled and an appropriate notation may be recorded in the relevant register as if a notification of cessation has been made pursuant to section 12 (3) of that Act. 29B. Functions of subsidiary corporations . (1) The primary functions of Queensland Holidays and Travel are- (a) to make tourism and travel arrangements; (b) to act as an agent for any person or body (whether incorporated or unincorporated) engaged in the provision of tourism and travel facilities;

Queensland Tourist and Travel Corporation Act Amendment Act 1991, No. 18 265 (c) to demand and receive fees, retainers and commissions for acting as an agent or for the sale of travel, accommodation or associated services; and (d) to act as a tour wholesaler of tourism, travel and associated products. (2) The primary function of Australian Travel and Leisure Automated Systems is to assist in the distribution of Queensland tourism products (both domestically and internationally) by developing computer based travel reservations and accounting management systems and a computer information database for- (a) the provision of computer based services to the Corporation and the subsidiary corporations; (b) the distribution of database information and reservation facilities via third party networks (including but not limited to)- (i) airline central reservation systems; (ii) travel agency networks; (iii) other public and private database access systems; (c) the development of tourism technology infrastructure to increase the competitiveness of Queensland tourism. (3) Australian Travel and Leisure Automated Systems may offset the cost of the development referred to in subsection (2) (c) by the servicing of a range of public and private users and the licensing of its proprietary technology. (4) In addition to the primary functions specified in subsections (1) and (2), each subsidiary corporation has such functions of the Corporation as the Corporation may from time to time delegate to it. 29C. Powers of subsidiary corporations . Each subsidiary corporation has the power to- (a) do and suffer all other acts and things a company, within the meaning of the Corporations Law of the Commonwealth (or any Act amending or substituted for that Act), may lawfully do and suffer; (b) do all things necessary or convenient to be done for or in connexion with, the performance of its functions. 29D. Subsidiary corporations subject to direction of Corporation . (1) The members of the Corporation are the members of each subsidiary corporation. (2) In the exercise and performance of its powers, functions and duties, each subsidiary corporation is subject to the control and direction of the Corporation. (3) Division 3 of Part II applies to each subsidiary corporation as if they were the Corporation.

266 Queensland Tourist and Travel Corporation Act Amendment Act 1991, No. 18 29E. No duty on rearrangement of assets . The Stamp Act1894-1990 does not apply to any arrangement entered into between the Corporation and a subsidiary corporation as a result of the subsidiary corporations being constituted or as a result of any transaction required by or as a consequence of the commencement of the Queensland Tourist and Travel Corporation Act Amendment Act 1991.". 16. New divisional heading and section . The Principal Act is amended by inserting after section 29E, as inserted by this Act, the following heading and section:- "Division 2-Advisory Council 29F. Advisory Council. (1) The Minister is to appoint in writing an advisory council by the name "Regional Tourism Ministerial Advisory Council". (2) The Council is to consist of 15 persons appointed in writing by the Minister. (3) Every person appointed a member of the Council pursuant to this section is appointed for a term of 3 years and is eligible for further appointment as a member. (4) The Minister may at any time make such appointments to the Council as are necessary to fill vacancies thereon howsoever arising. (5) The office of a member of the Council becomes vacant if the member- (a) dies; (b) resigns office by writing signed by that member and furnished to the Minister; or (c) is removed from office as a member by the Minister. (6) The function of the Council is to report to the Minister on all matters associated with the regional development of tourism in Queensland. (7) The members of the Council and the members of the Corporation are to meet from time to time, not less than twice annually, to consider the Corporation's regional policy and related matters. (8) Subject to subsection (9), the members of the Council are not to be paid fees and allowances. (9) Each member of the Council is to be paid such expenses as are necessarily incurred by that person in the discharge of their duties as a member and as the Corporation approves.". 17. Amendment of s. 30. Funds to be maintained . Section 30 of the Principal Act is amended- (a) by omitting the word "and" where it occurs between paragraphs (b) and (c);

Queensland Tourist and Travel Corporation Act Amendment Act 1991, No. 18 267 (b) by omitting the expression "." at the end of paragraph (c) and substituting the expression ";"; (c) by inserting at the end thereof the following paragraph:- "(d) a Development Fund.". 18. New s. 33A. The Principal Act is amended by inserting after section 33 the following section:- "33A. Development Fund . (1) The Corporation is to credit to the Development Fund all moneys- (a) held by it for development purposes in the General Fund at the commencement of the Queensland Tourist and Travel Corporation Act Amendment Act 1991; (b) received by it in respect of financial arrangements or loans previously made to Australian Travel and Leisure Automated Systems; (c) approved from time to time for transfer to the Development Fund by the Corporation or the Minister; (d) received by it as interest in respect of outstanding loans. (2) Moneys from time to time comprising the Development Fund are to be applied- (a) principally, in making loans on a commercial basis to the subsidiary corporations; (b) secondly, for any purpose which the Minister may declare to be a purpose under this paragraph; (c) thirdly, to expenditure necessarily incurred by the Corporation in carrying out the purposes of the Corporation. (3) Moneys comprising the Development Fund may only be expended with the prior written approval of the Minister.". 19. Repeal of Part IV . The Principal Act is amended by omitting the heading "PART IV-FINANCIAL ASSISTANCE TO PROMOTERS OF PROJECTS " occurring before section 50 and repealing sections 50 to 59 (both inclusive). 20. Amendments re word " Chairman ". (1) The Principal Act is amended in the provisions set forth in the Schedule by omitting the word "chairman" and substituting the word "chairperson" in each case. (2) Where the word "chairman" occurs more than once in a provision, it is to be omitted wherever it occurs in that provision (and whether or not it is preceded by the word "deputy") and the word "chairperson" is to be substituted in each case.

268 Queensland Tourist and Travel Corporation Act Amendment Act 1991, No. 18 SCHEDULE Provision to be amended [s. 20] s. 8 (note in and at the beginning) s. 8 (1), (2) s. 21 (1) s. 22 s. 24 s. 26 (2), (3) s. 27 (3) s. 29 (4) Minister's Second Reading Speech made on 14 March 1991.