Queensland Transport and Technology Centre Act 1984 (Qld)

619 Qulejenslartb ANNO TRICESIMO TERTIO ELIZABETHAE •SECUNDAE REGINAE No. 58 of 1984 An Act to provide for the establishment development management and administration of the Queensland Transport and Technology Centre and for related purposes [ASSENTED TO 15TH MAY, 1984]

620 Queensland Transport and Technology Centre Act 1984, No. 58 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:- PART I-PRELIMINARY 1. Short title . This Act may be cited as the Queensland Transport and Technology Centre Act 1984. 2. Arrangement of Act. This Act is divided into Parts as follows:- PART I-PRELIMINARY (SS. 1-3); PART II-THE CENTRE (s. 4) ; PART III-BOARD OF TRUSTEES (Ss. 5-50) ; PART IV-MISCELLANEOUS (ss. 51-53). 3. Meaning of terms. In this Act, unless the contrary intention appears- " Board " means the Queensland Transport and Technology Centre Board of Trustees constituted under this Act; " books and accounts " means the records, howsoever compiled, recorded or stored whether in written or printed form or on microfilm or by electronic process or otherwise, of transactions in respect of moneys or property expressed in money or, in the case of property, money or other units of measurement. The term includes books, documents, writings, money forms, bank accounts, vouchers and other records of any kind from which accounts have been compiled and information and records of any kind to which the Auditor-General thinks he ought to have recourse in the conduct of an audit; "Centre" means the Queensland Transport and Technology Centre established under section 4 of this Act; " chairman " means the chairman of the Board; " deputy chairman " means the deputy chairman of the Board; "financial year" means the period of 12 months ending on 30 June in any year; " member " means a person occupying any of the offices of member of the Board including that of chairman; " Minister "-The Premier of Queensland or other Minister of the Crown who, at the material time, is charged with the administration of this Act and includes a Minister of the Crown who is temporarily performing the duties of the Minister.

Queensland Transport and Technology Cenrre Act 1984, No. 58 621 PART II-THE CENTRE 4. Establishment of Centre . (1) There shall be established and maintained on Reserve number R.1777, being portion 105, County of Ward, parish of Coomera, having an area of 30.5 hectares, as shown on plan Wd.5526 deposited in the Department of Mapping and Surveying and on and in such other places as may from time to time be designated by Order in Council a centre for the purposes of collecting, storing and exhibiting historical aircraft, historical vehicles, historical engines, and objects and things illustrative of the historical development of transport and technology, for demonstrating the historical and current development of transport and technology, for the construction of an aerodrome and for related purposes. (2) The centre shall be known as the " Queensland Transport and Technology Centre ". (3) Reserve number R.1777 at Coomera referred to in subsection (1) has been reserved and set apart for the purposes of a museum and landing ground for aircraft under the control of " The Trustees of the Queensland Transport and Technology Museum, Coomera ", as trustee. (4) Notwithstanding the provisions of any other Act, as soon as practicable after the commencement of this Act, the Governor in Council shall, by notification in the Gazette, remove the existing trustees of Reserve number R.1777 and appoint the Board as the new trustee under the style or title of " The Trustees of the Queensland Transport and Technology Centre, Coomera ". (5) The purposes for which the Centre is to be established and maintained pursuant to subsection (1) are deemed to be in accordance with the purposes for which Reserve number R.1777 is reserved and set apart. PART III-BOARD OF TRUSTEES 5. Establishment of Board . (1) There is hereby established a body under the name and style, Queensland Transport and Technology Centre Board of Trustees. (2) The Queensland Transport and Technology Centre Board of Trustees is a body corporate and shall have perpetual succession and a common seal and, subject to this Act, shall be capable of- (a) suing and being sued; (b) compounding or proving in any court of competent jurisdiction all debts and sums of money due to it; (c) acquiring, holding, and alienating (by exchange, sale, demise or otherwise) personal property or any interest therein; (d) holding as Trustee for the purpose of constituting the Centre land reserved and set apart and placed under the control of the Trust as Trustee pursuant to sections 4 and 22; (e) letting or leasing land and buildings, or any part thereof comprised in the Centre; and

622 Queensland Transport and Technology Centre Act 1984, No. 58 (f) doing and suffering all such acts and things as bodies corporate may in law do and suffer. (3) For the purposes of section 38 the Board may accept and hold land given to it by way of devise, bequest or gift inter vivos. (4) All courts and persons acting judicially shall take judicial notice of the common seal of the Board and, until the contrary is proved, shall presume that it was duly affixed to any document on which it appears. 6. Board within shield of Crown . For all purposes the Board represents the Crown in right of Queensland and has and may exercise all the privileges, immunities , rights, powers and remedies of the Crown. 7. Constitution of Board. (1) The Board shall consist of:- (a) the person who holds the appointment Co-ordinator-General, or his nominee; (b) the person who holds the appointment Director, Queensland Museum; (c) the person who holds the appointment Director of Operations, Government Air Wing; (d) such persons, not exceeding five in number, as the Minister nominates. One of the persons referred to in paragraph (d) shall be chairman and another of the persons referred to in paragraph (d) shall be deputy chairman. (2) A nominee of a person referred to in subsection (1) (a) shall be an officer of the department administered by that person and may continue as such nominee only so long as he continues to be an officer of that department. (3) A reference in subsection (1) to the person who holds any of the appointments referred to in that subsection includes a reference to any person who for the time being performs the duties of the office of the person who holds the appointment. (4) A person who is a member of the Board by virtue of his holding an appointment referred to in subsection (1) or by reason of subsection (2) is in this Act called an ex officio member. 8. Appointment of members . (1) Members of the Board other than ex officio members shall be appointed by the Governor in Council by notification published in the Gazette. (2) Upon the first constitution of the Board the Governor in Council shall, subject to section 7 (1), by notification published in the Gazette, appoint one of its members to be chairman and another of its members to be deputy chairman.

Queensland Transport and Technology Centre Act 1984, No. 58 623 (3) Whenever a vacancy exists in the office of chairman or deputy chairman the Governor in Council shall, subject to section 7 (1), by notification published in the Gazette, appoint one of its members to be chairman or, as the case may be, deputy chairman. 9. Date of establishment of Board. The Board shall be taken to be established on a date declared by the Governor in Council in that behalf by notification published in the Gazette. 10. Disqualification from membership of Board . A person shall be disqualified from becoming or continuing as a member of the Board other than an ex officio member if- (a) he has not attained the age of 18 years; (b) he is an undischarged bankrupt or is taking advantage of the laws relating to bankruptcy; (c) he has been convicted in Queensland of an indictable offence or has been convicted elsewhere than in Queensland in respect of an act or omission that, if done or made in Queensland, would have constituted an indictable offence. 11. Vacation of office on Board . (1) A member of the Board other than an ex officio member shall be taken to have vacated his office as such member if- (a) he dies; (b) he resigns his office by instrument in writing given to the Minister; (c) he is disqualified from membership of the Board pursuant to section 10; (d) he is removed from office by the Governor in Council pursuant to subsection (2); or (e) he has been absent without leave of the Board or the chairman from three consecutive meetings of the Board of which due notice has been given to him. (2) The Governor in Council may remove from office as a member of the Board any person other than an ex officio member who in his opinion- (a) has become incapable of discharging the duties of office; or (b) is incompetent or unfit to hold the office. Removal of a person from office pursuant to this subsection shall take effect upon notification in writing thereof under the hand of the Minister being given to the person concerned. 12. Term of appointment . (1) A member of the Board other than an ex officio member shall be appointed for a term of three years but, subject to his not being disqualified from membership of the Board shall be eligible for re-appointment.

624 Queensland Transport and Technology Centre Act 1984, No. 58 (2) Notwithstanding the expiration by lapse of time of an appointment of a member of the Board he shall be deemed to continue to hold his office until his successor is appointed. 13. Filling casual vacancy. (1) A casual vacancy shall be taken to have arisen in the office of a member of the Board if he has vacated his office in any manner referred to in section 11 or in the case of an ex officio member, he ceases to hold the appointment that entitles him to membership of the Board. (2) If a casual vacancy occurs in the office of a member of the Board other than an ex officio member a person may be appointed to fill that vacancy in accordance with section 8 and he shall hold office, subject to this Act, for the remainder of his predecessor's term of appointment. (3) A person appointed to fill a casual vacancy in the office of a nominated member who was chairman shall not by reason of that appointment alone become chairman. 14. Proceedings of Board . (1) No proceedings of the Board shall be invalidated by reason of any defect in the appointment of any person to membership of the Board or by reason of there being a vacancy in the membership of the Board, subject to there being the quorum prescribed for meetings of the Board. (2) Subject to this Act the Board shall meet at such times and may regulate its proceedings as it determines. (3) At a meeting of the Board- (a) a quorum shall consist of not less than four members; (b) the chairman, if he is present, or in his absence the deputy chairman, if he is present, shall preside and in the absence of both of them a member appointed by the members present at the meeting shall preside; (c) business shall be decided by the vote of the persons present and the person who presides shall have a deliberative vote and in addition, in the event of an equality of votes, a casting vote. 15. Custody and judicial notice of common seal. (1) The common seal of the Board shall be in the custody of the chairman of the Board and shall be affixed to documents by the chairman and the deputy chairman or as the chairman directs. (2) All courts, judges, justices and persons acting judicially shall take judicial notice of- (a) the appointment of the chairman and deputy chairman of the Board and of their respective signatures; and (b) the common seal of the Board affixed to any document, and shall presume, until the contrary is proved, that any such signature or the common seal was duly affixed to the document on which it appears.

Queensland Transport and Technology Centre Act 1984, No. 58 625 16. Fees and expenses of members . (1) Each member of the Board shall be entitled to be paid such fees as are approved by the Governor in Council in respect of his attendance at meetings of the Board and the discharge of his functions under this Act except, in the case of a member who is an officer of the Public Service, in respect of his attendance at meetings or discharge of his functions during his ordinary hours of duty as such an officer. (2) Each member of the Board shall be entitled to be paid expenses necessarily and reasonably incurred by him in attending meetings of the Board or in connexion with the discharge of his functions under this Act and approved by the Minister. 17. Holders of office not affected by restrictive employment provisions. A provision of any enactment requiring the holder of an office to devote the whole of his time to the duties of his office or prohibiting him from engaging in the employment outside the duties of his office shall not operate to hinder his holding that office and also an appointment as member, chairman or deputy chairman of the Board or, subject to section 16 (1), his acceptance and retention of any allowance payable under this Act. 18. Committees to assist Board . (1) For the purpose of assisting it in the discharge of its functions or exercise of its powers under this Act the Board may establish such committees as it considers desirable and may commit to any committee so established such matters and the performance of such functions (being matters and functions concerned with achieving the objects and purposes of this Act) as the Board thinks fit. (2) A committee may be established for a specified period or without limit of time, as the Board thinks fit. 19. Delegation by Board . (1) The Board may by instrument in writing under its common seal delegate its functions and powers specified in the instrument of delegation, except this power of delegation and the power to make by-laws, to any person or persons and may make such number of delegations of the same function or power concurrently as it thinks fit. (2) A function or power so delegated may be discharged or exercised by the delegate in accordance with the instrument of delegation and when so discharged or exercised shall be deemed to have been discharged or exercised by the Board. (3) A delegation under this section is revocable at the Board's will by instrument in writing under its common seal and does not derogate from the Board's power to act itself in any matter. (4) A person purporting to discharge a function or exercise a power pursuant to a delegation under this section shall be presumed to be acting in accordance with the instrument of delegation in the absence of proof to the contrary.

626 Queensland Transport and Technology Centre Act 1984, No. 58 20. Protection of Board and persons acting in pursuance of Act. Anything done by the Board or any person in or as an incident in performance of a duty imposed by this Act or exercise of a power conferred by this Act and done in good faith and without negligence shall not render the Board or person concerned liable in respect thereof. 21. Ownership of Centre . (1) Subject to subsection (3), the Board shall be deemed for the purposes of this Act and of any action or proceeding in any court to be the absolute owner and occupier of the Centre. (2) The Board in its management, control or dealing with the Centre and a person or body who or which leases from the Board any land or building or part thereof comprised in the Centre in his or its management, control or dealing with such land or building or part thereof shall not be subject to Part XI of the Land Act 1962-1983. (3) Where the Board lets or leases to any person land or buildings or any part of a building then for the purpose of any action or proceeding in any court it shall be deemed- (a) in the case of an action or proceeding that relates to such land, the tenant shall be taken to be the occupier of such land; (b) in the case of an action or proceeding that relates to the exterior of such building or to the interior structural parts of such building, the Board shall be taken to be the occupier of such building or such part; (c) in the case of an action or proceeding that relates to the interior of such building otherwise than is provided for in provision (b), the tenant shall be taken to be the occupier of such building or such part. 22. Power to reserve Crown land for purpose of Centre. The Governor in Council may, under section 334 of the Land Act 1962- 1983, reserve and set apart any Crown land which, in the opinion of the Governor in Council, is or may be required for the purpose of constituting and developing the Centre. The purposes of the Board are deemed to be public purposes within the meaning of the Land Act 1962-1983. 23. Application of laws for taking land. Where land is to be taken under the Acquisition of Land Act1967-1977 for the purposes of the Centre, the purposes for which the Centre is or is to be established and maintained are for the purpose of applying the provisions of that Act to the taking of that land, deemed to be museum purposes within the meaning of the Second Schedule of that Act. 24. Board subject to direction of Minister . In the exercise and performance of its powers, authorities, duties and functions the Board shall, except where it makes or is required to make a recommendation to the Minister, be subject to the general control and direction of the Minister.

Queensland Transport and Technology Centre Act 1984, No. 58 627 25. Functions of Board . (1) The functions of the Board shall be- (a) the control and management of the Centre and of all transport and technological collections, and other chattels and property contained therein; (b) the promotion, operation, maintenance, development and administration of the Centre in such manner as will effectively minister to the needs and demands of the community in any or all of the branches of transport and technology associated with the development of the Centre and to this end shall undertake- (i) the storage of suitable items pertaining to the study of transport and technology, and exhibits and other personal property; (ii) the promotion of research into transport and technology; (iii) the provision of educational facilities through the production and display of selected items, lectures, films, broadcasts, telecasts, publications and other means; and (iv) the operation of workshops for the maintenance and repair of exhibits and other things; (v) any other action which in the opinion of the Board is necessary or desirable; and (vi) such other acts and things as are prescribed by Order in Council to be functions of the Board; (c) the provision of buildings and other improvements on the land on which the Centre is established ; (d) the control and management of all lands and premises vested in or placed under the control of the Board; (e) the management, operation and control of the aerodrome constructed or to be constructed at the Centre; (f) the raising, holding, investment and disbursement of funds for the exercise of any of its functions; and (g) subject to the provisions of section 40 of this Act, the establishment of branches. (2) Without limiting the generality of subsection (1), in the performance of its functions the Board may- (a) receive, take, purchase or hire any objects or things pertaining to the study of transport and technology, and exhibits and other personal property; (b) sell, exchange or otherwise dispose of any objects or things pertaining to transport and technology, and exhibits and other personal property the ownership of which is vested in the Board; (c) lend or make available to any institution, Government department or person, upon such terms and conditions as the Board thinks fit, any objects of transport and technology, and exhibits and other personal property under the care or control of the Board;

628 Queensland Transport and Technology Centre Act 1984, No. 58 (d) accept into its name any land that is reserved or set apart for the purpose of constituting the Centre; (e) accept any grant of money made to it for the purpose of establishing or maintaining the Centre. 26. Powers of Board . (1) Subject to this Act, the Board has power to do all things necessary or convenient to be done in connexion with, or as incidental to, the performance of its functions under this Act. (2) Without limiting the generality of subsection (1) the Board shall have such powers and authorities as may be prescribed by the by-laws and in addition shall have the following powers and authorities:- (a) to make and carry out such contracts, agreements or arrangements as are in its opinion necessary or desirable to enable it to properly perform its functions and duties or any of them ; (b) to let or lease or permit to be used land, buildings or other improvements comprised in the Centre to or by such persons or bodies as the Board thinks fit and for such purposes as the Board thinks fit notwithstanding that such purposes do not pertain to the purposes for which the Centre was established; (c) to provide or cause to be provided meals, refreshments or catering services in connexion with the use of the buildings comprised in the Centre; (d) to authorize, on such terms as it thinks fit, any person to sell any wares within the Centre; (e) to provide or cause to be provided parking facilities at the Centre ; (f) to provide and maintain services, facilities, and conveniences for the use or benefit of persons making use of, or resorting to, the aerodrome at the Centre; (g) to sell or let on hire to, or otherwise provide for the use of, the persons referred to in provision (f), goods, and other articles and things; (h) to carry out works for the improvement or alteration of the aerodrome or any part of it, or of any services, facilities, or conveniences provided at the aerodrome or in connexion with the operation of it; and (i) to purchase or otherwise acquire vehicles, plant, equipment, and other property for use in connexion with the aerodrome. 27. Director and assistants . (1) The Governor in Council may from time to time under and for the purposes of this Act appoint a Director and such assistants to the Director (to be called Assistant Directors) as he considers necessary. (2) The Director and Assistant Directors shall be so appointed on the recommendation of the members and, subject to subsection (3), shall hold office for such periods, respectively, as are fixed by the Governor in Council and shall be eligible for reappointment.

Queensland Transport and Technology Centre Act 1984, No. 58 629 (3) An appointment or reappointment made pursuant to this section shall be for a period not exceeding seven years and any such appointee shall retire from office on attaining the age of 65 years notwithstanding that his then subsisting period of appointment has not expired. (4) The salaries of the Director and Assistant Directors shall be at such rates as the Governor in Council fixes from time to time. (5) The Director and Assistant Directors shall have and may exercise such powers, authorities, functions and duties as the Board may designate for the purpose of enabling the Board to function efficiently. 28. Officers and employees . (1) The Governor in Council may, under and subject to the provisions of the Public Service Act1922-1978 appoint and employ such professional, technical, clerical or other officers as are necessary for the purposes of this Act. (2) In addition to the officers appointed under subsection (1) the Director may, with the approval of the Board, employ such and so many other persons as are necessary for the purpose of carrying out the objects of the Board. (3) Persons employed under subsection (2) shall be subject to conditions and be paid rates of wages fixed by any industrial award or agreement applicable to their employment and if there be no such award or agreement on conditions and at award rates fixed by the Public Service Board constituted under the Public Service Act1922-1978. 29. Payment of moneys appropriated to Board ' s purposes. The Treasurer shall pay to the Board as the need arises such moneys as are from time to time appropriated by Parliament for the purposes of the Board. 30. Accounts and Audit . (1) The Board shall cause proper books and accounts to be provided and kept and true and regular entries to be made therein in respect of all transactions entered into by the Board. (2) (a) The Board shall as soon as practicable after the end of each financial year prepare statements of account with respect to the financial operations of the Board for that year. The Annual Statements of Account shall- (i) be in the form prescribed; (ii) be certified by the chairman and deputy chairman as to whether in their opinion they fairly set out the financial transactions of the Board for the period to which they relate and show a true and fair view of the state of affairs of the Board at the end of that period on a basis consistent with that applied in respect of the financial year last preceding; (iii) thereupon be transmitted to the Auditor-General. (b) Until the Annual Statements of Account have been audited, and laid before the Legislative Assembly pursuant to section 31, no such statement shall be sold or made available to any person other than a

630 Queensland Transport and Technology Centre Act 1984, No. 58 member or officer of the Board, the Minister or a person acting in aid of him or the Auditor-General or a person acting in aid of him. (c) The Auditor-General shall audit the accounts of the Board kept in respect of all transactions entered into by the Board, and shall have in respect of any such audit all the powers and authorities conferred on him by the Financial Administration and Audit Act1977-1981. (d) The Auditor-General shall certify on the Annual Statements of Account whether or not he has obtained all the information and explanations required by him and whether or not such statements- (i) are prepared in the form prescribed; (ii) are in agreement with the accounts of the Board; and (iii) have, in his opinion, been properly drawn up so as to present a true and fair view of the transactions for the financial year in question and the financial position at the end of that year on a basis consistent with that applied in respect of the financial year last preceding, and after such certification, shall deliver those statements to the Board. 31. Reports by Board . (1) The Board shall, not later than 31 October in each year, furnish to the Minister a report on the Board's operations during the year ended 30 June in that year. (2) The report shall include the Annual Statements of Account together with the certificate of the Auditor-General prescribed by section 30. (3) The Minister shall, within 14 sitting days after a report of the Board is received, cause the report to be tabled before the Legislative Assembly. 32. Budget of Board . (1) As soon as practicable after the commencement of this Act the Board shall adopt and present to the Minister a budget showing its estimates of its revenue and expenditure in respect of the balance of the financial year in which the budget is presented and thereafter the Board shall before the commencement of each succeeding financial year adopt and present to the Minister a budget showing its estimates of its revenue and expenditure in respect of the succeeding financial year. (2) A budget of the Board shall be of no force or effect until it is approved by the Minister. (3) The Minister may amend a budget of the Board in such a way as he thinks reasonable and shall amend it where necessary and in any item so that it shall as nearly as possible balance for the financial year to which it relates having regard to the sums that may be appropriated by Parliament to the Board and to any other revenues reasonably expected by it for that financial year. (4) When the Minister has approved of a budget of the Board the budget as approved, whether or not it has been amended pursuant to subsection (3), shall be binding upon the Board.

Queensland Transport and Technology Centre Act 1984, No. 58 631 33. Observance of budget . (1) Subject to subsection (2), the Board shall confine its disbursements throughout a financial year within the items and amounts contained in its budget for that financial year as approved by the Minister. (2) If during any financial year it appears to the Board that an extraordinary circumstance has arisen which requires that the Board make a disbursement in that financial year that was not provided for in the budget (as approved) for that financial year or that exceeds the amount estimated in respect of that disbursement in the budget (as approved) for that financial year the Board may make the disbursement or excess disbursement if the Board, prior to making such disbursement or excess disbursement- (a) passes a resolution approving that the disbursement or excess disbursement be made; and (b) ensures that the budget as approved by the Minister will not then be exceeded in total by the disbursement or excess disbursement. 34. Financial arrangements and investments . (1) For the purpose of discharging its functions and exercising its powers the Board is empowered to enter into financial arrangements within the meaning of the StatutoryBodies Financial Arrangements Act1982 with the Treasurer or any other person and in respect of the Board as a statutory body within the meaning of that Act the provisions of Part IV of that Act other than the provisions of sections 25A, 25B, 27 (4) and (5), 28 (4) and (5), 33 to 39 (both inclusive), 40 (4) and 47 (1) and (2) respectively. (2) The Board 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 StatutoryBodies Financial Arrangements Act1982 as a permissible investment for a statutory body within the meaning of that Act and in respect of the Board as such a statutory body the provisions of Part V of that Act other than the provisions of sections 49, 50 (1) and 52 apply. 35. Control of money and property . (1) Whenever it appears to or comes to the knowledge of the Board that, arising from a cause which could constitute an offence under The Criminal Code or any other Act or law, there is- (a) a loss of or deficiency in any moneys of or under the control of the Board; or (b) a loss of, destruction of or damage to property of or under the control of the Board, the Board shall forthwith give notice thereof to the Auditor-General and to a member of the Police Force of Queensland appointed to be in charge

632 Queensland Transport and Technology Centre Act 1984, No. 58 of the Police Station established at, or nearest to, the locality where the money or property was lost, deficient, destroyed or, as the case may be, damaged. (2) The Board shall not- (a) abstain from, discontinue or delay a prosecution for an offence under the laws of the State in relation to any money or property of or under the control of the Board which is or appears to be stolen or wilfully destroyed or damaged; or (b) withhold or promise to withhold or delay any evidence for the purposes of such a prosecution. 36. Contractual power of Board. (1) For the purpose of discharging any of its functions the Board may enter into and make, perform and enforce such contracts, other instruments and arrangements as, in its opinion, are calculated to achieve that purpose or to assist therein. (2) Contracts entered into by the Board may be made as follows:- (a) a contract that, if made between private persons would by law be required to be in writing and under seal, shall be made by the Board in writing and under its common seal; (b) a contract that, if made between private persons would by law be required to be in writing signed by the parties thereto, may be made in writing and signed on behalf of the Board by the chairman of the Board; (c) a contract that, if made between private persons would by law be valid and enforceable although not reduced to writing, may be made without writing, by the Board. (3) A contract made as required or authorized by subsection (2) shall be effectual in law and shall bind the Board and all other parties thereto and may be varied or discharged in the manner in which it is required or authorized to be made. 37. Particular means of promoting the Centre. Without limiting the means by which the Board may discharge the function of promoting the Centre, the Board- (a) may enter into, perform and enforce arrangements with any Government, Local Authority or person with a view to- (i) obtaining any right, privilege, franchise, licence, concession or sponsorship that is desirable for the efficient promotion of the Centre; (ii) granting any right, privilege, franchise, licence, concession or sponsorship with respect to any property or activity of the Board that in its opinion would assist in the promotion of the Centre; (b) may take such steps by way of public appeals or private requests, or in any other lawful manner as the Board thinks fit with a view to subscriptions in money or kind or by way of sponsorship or otherwise towards the successful management of the Centre.

Queensland Transport and Technology Centre Act 1984, No. 58 633 38. Power to accept gifts . (1) The Board may accept a gift (whether by devise, bequest or gift inter vivos) of- (a) personalty, wherever situated (other than an interest in land that is personalty) whether or not it is subject to any trust or condition; (b) land, wherever situated, that is not subject to any trust or condition. The Board may, with the approval of the Minister first had and obtained, agree with the donor of land that the land shall be applied to a purpose for which the Board is established under this Act. (2) For the purposes of the application of the rule of law known as the rule against perpetuities to any gift to the Board it shall be deemed that the purposes of the Board are charitable purposes. (3) Where the Board accepts by way of devise, bequest or gift inter vivos any land, it shall as soon as practicable transfer and surrender that land to the Crown. (4) Upon the transfer and surrender pursuant to subsection (3) the Crown shall reserve and set apart the land for the purposes of the Board and including, if the case requires it, the purpose agreed to by the Board and the donor of the land, and those purposes and that purpose shall be a public purpose within the meaning of the Land Act 1962-1983. 39. Exemption from duties. Notwithstanding the provisions of any other Act or law any instrument, agreement or contract executed or decree or order made whereby any property is transferred to the Board shall be exempt from stamp duty. 40. Branches . (1) The Board either alone or by agreement or in conjunction with any other person or body may establish, maintain and control branches of the Centre within the State. (2) An agreement between the Board and any other person or body shall not be entered into for the purposes of this section unless the Governor in Council has first approved of the terms of the proposed agreement. 41. Liability for damage , etc., of property . (1) Any person who- (a) unlawfully removes from the possession of the Board any exhibit or thing; or (b) unlawfully damages, mutilates or destroys any exhibit or thing in the possession of the Board, commits an offence against this Act and is liable to a penalty not exceeding- (c) in the case of an offender who is an individual, $2 000 or six months imprisonment or both; or (d) in the case of an offender that is a body corporate, $5 000. 21

634 Queensland Transport and Technology Centre Act 1984, No. 58 (2) Without limiting or affecting any liability imposed on such person by subsection (1) or otherwise, that person shall be liable for and shall pay to the Board the full amount of the value of the exhibit or thing so damaged, mutilated, destroyed or removed which amount may be recovered in a summary way under the Justices Act1886-1982. Proceedings under this subsection may be taken by the Board or by any person authorized in writing in that behalf either generally, or in a particular case, by the Board. (3) Where any such damage, mutilation, destruction or removal constitutes an offence against subsection (1) or otherwise, and in any proceedings in respect thereof a person is convicted, the court convicting that person may in addition to imposing a penalty, order that person to pay to the Board the full amount of the value of the exhibit or thing damaged, mutilated, destroyed or removed, which amount shall be recoverable as if it were part of the penalty so imposed, notwithstanding that the total of the penalty and the amount exceeds the maximum penalty that may be imposed. 42. Reward for information . (1) Subject to the approval of the Governor in Council, the Board may offer and pay a reward to any person who gives information to the Board or any of its officers of the commission of an offence against this Act or of the damaging, mutilation, destruction or removal from the possession of the Board of any exhibit or thing in the possession of the Board whether the damaging, mutilation, destruction or removal is an offence against this Act or not. (2) Notwithstanding any other Act, where proceedings are taken in any court- (a) in respect of an offence that consists in the damaging, mutilation, destruction or removal of any exhibit or thing in the possession of the Board and a conviction is recorded; or (b) for recovery of the full amount or a portion of the value of any exhibit or thing referred to in provision (a) that is damaged, mutilated, destroyed or removed and an order for payment of such value or part thereof is made, the court may, in addition, order the person against whom the proceedings are taken to pay to the Board the amount of any reward that the Board has paid or is required to pay for information relating to the damaging, mutilation, destruction or removal and that amount shall be recoverable under the order so made. 43. Description of property in complaint . In any proceeding taken in respect of the stealing, damaging, mutilation or destruction of any exhibit or thing in the possession of the Board or in respect of the removal of any of the same from the possession of the Board and in which proceeding it is material to prove ownership of the item in question it shall be sufficient to allege ownership of the item as being in the Board.

Queensland Transport and Technology Centre Act 1984, No. 58 635 44. Removal of persons from Centre . If any person is found on any land or in any building comprising the Centre in contravention of a by-law made by the Board or is found within the Centre contravening or failing to comply with a by-law made by the Board any member of the Police Force or person acting on behalf of the Board may eject that person from the Centre and take such steps as are necessary to prevent that person's re-entry to the Centre, using therein such force as is necessary for the purpose. 45. Obstruction etc., an offence . A person shall not assault, threaten or obstruct a member of the Police Force or a person acting on behalf of the Board engaged in giving effect to any provision of this Act or of a by-law made by the Board or attempt so to do. 46. Requirement to state name and address . (1) A person who, pursuant to section 44, is liable to be ejected from the Centre, or who contravenes section 45 shall, upon being requested so to do by a member of the Police Force or a person acting on behalf of the Board, state his full and correct name and place of residence. (2) A person who, being required by subsection (1) to state his full and correct name and place of residence upon the request of a member of the Police Force- (a) fails to do so; or (b) states a name or place of residence that the member of the Police Force requesting it suspects on reasonable grounds to be false, may be arrested without warrant and dealt with according to law upon a charge of that offence and of the offence consisting of a breach of the relevant by-law made by the Board or a breach of section 45 committed by him. 47. Offence provision . (1) A person who contravenes or fails to comply with a provision of this Act commits an offence against this Act. (2) A person who commits an offence against this Act (whether provided for in subsection (1) or any other provision of this Act) is liable, unless a specified penalty is otherwise prescribed for that offence, to a penalty not exceeding- (a) in the case of an offender who is an individual, $2 000 or six months imprisonment or both; or (b) in the case of an offender that is a body corporate, $5 000. (3) Proceedings in respect of an offence against this Act, other than proceedings taken pursuant to the arrest of an offender, shall be taken in a summary way under the Justices Act1886-1983 upon the complaint of the chairman or of a person authorized by him either generally or in a particular case. (4) All penalties recovered in respect of offences against this Act shall be paid to the Board.

636 Queensland Transport and Technology Centre Act 1984, No. 58 48. Evidentiary provisions . In any proceeding for the purposes of this Act- (a) proof shall not be required of the authority of any person to prosecute an offence against this Act or to take any proceeding on behalf of the Board unless evidence is given to the contrary; (b) proof shall not be required of the appointment of the chairman or of any oilier officer appointed for the effectual administration of this Act or of the signature of the chairman in the absence of evidence that challenges such appointment or signature. 49. By-laws. (1) The Board may make by-laws not inconsistent with this Act with respect to- (a) the general management and control of the Centre; (b) regulating the conduct of the proceedings of the Board, including the times, places and conduct of its meetings; (c) the management of the affairs of the Board; (d) the admission (including charges therefor) or exclusion or removal of the public or any person to or from the Centre or any part thereof or any other land, building or place of which the Board has the management or control or any part thereof; and (e) generally for carrying out the purposes of this Act. (2) Without limiting the generality of paragraph (e) of subsection (1), by-laws made pursuant to that paragraph- (a) may provide that the owner of a vehicle or aircraft shall be liable for the offence consisting of bringing onto or parking or standing on the Centre in breach of the Board's by-laws whether or not he was in charge of the vehicle at the material time; (b) may define the person who shall be taken to be the owner of a vehicle or aircraft for the purposes of the by-law; (c) may prescribe the proof necessary or sufficient to establish the owner's identity; (d) may provide for the recovery of a penalty for an offence against the by-laws from the owner of the vehicle or aircraft concerned as well as from the person in charge of the vehicle or aircraft at the material time; (e) may provide that the land comprised in the Centre or any part thereof to be specified with reasonable certainty shall be a public place within the meaning and for the purposes of any Act conferring or imposing upon members of the Police Force powers or duties with respect to public places or providing for the punishment of offences committed in public places, whereupon such land or part thereof shall be a public place accordingly.

Queensland Transport and Technology Centre Act 1984, No. 58 637 (3) Without limiting the generality of paragraph (e) of subsection (1), by-laws made pursuant to that paragraph may contain, in relation to the aerodrome constructed or to be constructed at the Centre, provisions- (a) regulating traffic, whether pedestrian, vehicular or aircraft on the ground, and the provision and use of parking places at the aerodrome; (b) providing for the security of the aerodrome and, in particular, prescribing the times, terms and conditions upon which the public may enter or be in or on the aerodrome; (c) prescribing the charges that may be made by the Board for the use of the aerodrome or any part of it or any service, facility, or convenience provided at the aerodrome (including charges for parking of vehicles and aircraft); (d) providing for the manner of levying or charging and collecting the prescribed charges and by whom and in what manner and within what period the same shall be paid to the Board or person authorized by the Board or prescribed in that behalf; and (e) providing for exemptions from all or any classes of charges leviable or chargeable and payable in relation to the aerodrome of any aircraft, persons or goods or classes thereof, or as otherwise so prescribed, and all or any of such exemptions may be so prescribed so as to apply generally or so as to apply only in the circumstances prescribed or as prescribed. (4) Any by-law made under paragraph (a) or (d) of subsection (1) with respect to any branch of the Board shall be subject to any agreement with respect to that branch made under the provisions of section 40. (5) The by-laws may impose a penalty for any breach thereof not exceeding $1 000. (6) Section 28A of the Acts Interpretation Act1954-1971 (Tabling of Regulations) shall apply with respect to by-laws made for the purpose of this Act and, for the purposes of such application, that section shall be read and construed as if references therein to regulations were references to by-laws made for the purposes of this Act. 50. Regulations . The Governor in Council may make regulations not inconsistent with this Act with respect to- (a) all matters required or permitted by this Act to be prescribed by regulations or to be prescribed and in respect of which no other means of prescription is specified; (b) all matters necessary or expedient to be prescribed for the proper administration of this Act or to achieve the objects and purposes of this Act.

638 Queensland Transport and Technology Centre Act 1984, No. 58 PART IV-MISCELLANEOUS 51. Fire Authority for Centre. For the purposes of the Fire SafetyAct1974-1982, premises within the Centre- (a) that are on land of which the Board is the owner or occupier and are put to any use; or (b) that are used by the Board or by any person pursuant to an agreement or arrangement made with the Board, shall be deemed to be so used by or on behalf of a department of the Government of the State. 52. Disposal of unclaimed and perishable property . (1) Subject to this section, where anything (whether animate or inanimate) is found on any land or in any building comprising the Centre and there are reasonable grounds for suspecting that the thing has been abandoned by the person who last used it and that is unclaimed within 4 months it shall, where so directed by the Board, be sold and disposed of by public auction and the proceeds of the sale less any costs incurred by the Board in storing or selling the thing shall, unless claimed within 12 months, be paid into Consolidated Revenue. (2) A sale of anything pursuant to subsection (1) shall be valid against all persons, and the person selling any such thing shall not be liable to pay any stamp or other duty in respect of the sale. (3) Before anything is sold pursuant to subsection (1), notice of the sale shall be published once in a newspaper circulating in the Brisbane district and, if the thing is not to be sold in Brisbane, in the district in which it is to be sold. (4) Where anything specified in subsection (1) is a motor vehicle within the meaning of the Traffic Act1949-1982 and the Board considers that it has a value of less than $1 000, or in respect of any other thing so specified in that subsection that it has a value of less than $100, that vehicle or other thing may be disposed of in such manner as the Board directs. (5) Where the Board considers that anything specified in subsection (1) is of a perishable nature or is unsaleable, or if it consists of food, it may in its discretion direct that it be delivered to the officer in charge of a benevolent institution for the benefit of its inmates or disposed of to a charitable purpose. (6) Where the Board considers that anything specified in subsection (1) is so perished, contaminated, deteriorated, dilapidated, worn, in disrepair or otherwise in such state or condition as to be dangerous or unfit for use for the purpose it was intended to be used or for any other purpose for which it is capable- of being used, it may, in its discretion direct that it be destroyed. 53. Saving as to Commonwealth powers. Nothing in this Act affects the powers of the Commonwealth in respect of the matter of air transport referred to the Parliament of the Commonwealth by the Commonwealth

Queensland Transport and Technology Centre Act 1984, No. 58 639 Powers (Air Transport) Act 1952, as amended, and, without limiting the generality of the foregoing, nothing in this Act shall be construed as authorizing the Board to- (a) operate an air transport business or an air service for the carriage of passengers or cargo; (b) own, lease, or operate aircraft (other than for the purposes of this Act); or (c) control the taking off, landing, or flight of aircraft.