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GASFIELDS COMMISSION BILL 2012

         Queensland



Gasfields Commission
Bill 2012

 


 

 

Queensland Gasfields Commission Bill 2012 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Part 2 Gasfields Commission Division 1 Establishment, functions and powers of commission 5 Establishment of commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6 Commission's functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7 Commission's powers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Division 2 Membership 8 Membership of commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 9 Eligibility for appointment as a commissioner. . . . . . . . . . . . . . . . 7 10 Term of appointment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 11 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 12 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 13 Termination of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 14 Leave of absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 15 Acting chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 16 Preservation of rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Division 3 Disclosure of interests by commissioners 17 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Division 4 Commission board meetings 18 Commission board meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 19 Purposes of commission board meetings . . . . . . . . . . . . . . . . . . 10 20 Conduct of commission board meetings . . . . . . . . . . . . . . . . . . . 10

 


 

Gasfields Commission Bill 2012 Contents Part 3 Particular powers of the commission Division 1 Powers relating to government entities 21 Power to require particular information from government entities 11 22 Power to require advice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 23 Compulsory consultation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Division 2 Powers relating to landholders, onshore gas operators and other entities 24 Power to require particular information from prescribed entities . 13 Division 3 Other 25 Publishing information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 26 Advisory bodies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 27 Gasfields community leaders council . . . . . . . . . . . . . . . . . . . . . . 14 Part 4 Administration 28 General manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 29 Commission staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 30 Alternative staffing arrangements. . . . . . . . . . . . . . . . . . . . . . . . . 16 31 Commission not subject to outside direction . . . . . . . . . . . . . . . . 17 32 Annual budgets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 33 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 34 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Part 5 General offences and legal proceedings Division 1 General offences 35 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . 19 36 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . 19 37 Use of confidential information . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Division 2 Evidentiary provisions 38 Summary offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 39 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 40 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 41 Other evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 42 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 43 Commission is a statutory body . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Part 6 Other matters 44 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Schedule 1 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Page 2

 


 

2012 A Bill for An Act to establish the Gasfields Commission

 


 

Gasfields Commission Bill 2012 Part 1 Preliminary [s 1] The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 1 Short title 3 This Act may be cited as the Gasfields Commission Act 2012. 4 2 Purpose 5 The purpose of this Act is to establish the Gasfields 6 Commission to manage and improve the sustainable 7 coexistence of landholders, regional communities and the 8 onshore gas industry in Queensland. 9 3 Act binds all persons 10 This Act binds all persons, including the State. 11 4 Definitions 12 The dictionary in schedule 1 defines particular words used in 13 this Act. 14 Part 2 Gasfields Commission 15 Division 1 Establishment, functions and 16 powers of commission 17 5 Establishment of commission 18 The Gasfields Commission is established. 19 Page 4

 


 

Gasfields Commission Bill 2012 Part 2 Gasfields Commission [s 6] 6 Commission's functions 1 The commission has the following functions-- 2 (a) facilitating better relationships between landholders, 3 regional communities and the onshore gas industry; 4 (b) reviewing the effectiveness of government entities in 5 implementing regulatory frameworks that relate to the 6 onshore gas industry; 7 (c) advising Ministers and government entities about the 8 ability of landholders, regional communities and the 9 onshore gas industry to coexist within an identified area; 10 (d) making recommendations to the relevant Minister that 11 regulatory frameworks and legislation relating to the 12 onshore gas industry be reviewed or amended; 13 (e) making recommendations to the relevant Minister and 14 onshore gas industry about leading practice or 15 management relating to the onshore gas industry; 16 (f) advising the Minister and government entities about 17 matters relating to the onshore gas industry; 18 (g) convening landholders, regional communities and the 19 onshore gas industry for the purpose of resolving issues; 20 (h) obtaining particular information from government 21 entities and prescribed entities; 22 (i) obtaining advice about the onshore gas industry or 23 functions of the commission from government entities; 24 (j) publishing educational materials and other information 25 about the onshore gas industry; 26 (k) partnering with other entities for the purpose of 27 conducting research related to the onshore gas industry; 28 (l) convening advisory bodies to assist the commission to 29 perform a function mentioned in paragraphs (a) to (k). 30 Page 5

 


 

Gasfields Commission Bill 2012 Part 2 Gasfields Commission [s 7] 7 Commission's powers 1 (1) The commission has the powers necessary or convenient to 2 perform the commission's functions. 3 (2) The commission also has the other powers given to the 4 commission under this or another Act. 5 Division 2 Membership 6 8 Membership of commission 7 (1) The commission consists of-- 8 (a) a full-time commissioner who is the chairperson; and 9 (b) up to 6 part-time commissioners. 10 (2) In deciding whom to recommend to the Governor in Council 11 for appointment to the commission, the Minister must be 12 satisfied-- 13 (a) each person nominated for appointment is qualified 14 under section 9; and 15 (b) the commissioners will include-- 16 (i) a commissioner who represents the interests of 17 landholders; and 18 (ii) a commissioner who represents the interests of 19 communities in which the onshore gas industry 20 operates; and 21 (iii) a commissioner who represents the onshore gas 22 industry. 23 (3) The commissioners are to be appointed by the Governor in 24 Council. 25 Page 6

 


 

Gasfields Commission Bill 2012 Part 2 Gasfields Commission [s 9] 9 Eligibility for appointment as a commissioner 1 A person is qualified for appointment as a commissioner if the 2 person has qualifications or experience in any of the 3 following-- 4 · the onshore gas industry 5 · a branch of science relating to the exploration or 6 production of petroleum, or the impact of those 7 activities on the environment 8 · legal practice relevant to the exploration or production 9 of petroleum 10 · negotiations between landholders and the onshore gas 11 industry 12 · land management 13 · land valuation 14 · community development 15 · the financial and business sector. 16 10 Term of appointment 17 (1) A commissioner is appointed for the term, not longer than 3 18 years, stated in the commissioner's instrument of 19 appointment. 20 (2) A commissioner may be reappointed. 21 11 Conditions of appointment 22 (1) A commissioner is to be paid the remuneration and 23 allowances decided by the Governor in Council. 24 (2) A commissioner holds office on the terms and conditions, not 25 provided for by this Act, that are decided by the Governor in 26 Council. 27 (3) The commissioners are appointed under this Act and not the 28 Public Service Act 2008. 29 Page 7

 


 

Gasfields Commission Bill 2012 Part 2 Gasfields Commission [s 12] 12 Resignation 1 A commissioner may resign by signed notice given to the 2 Minister. 3 13 Termination of appointment 4 The Governor in Council may at any time remove a 5 commissioner from office for any reason or none. 6 14 Leave of absence 7 (1) The Minister may grant leave to the chairperson in accordance 8 with entitlements available to the chairperson under the 9 chairperson's conditions of office. 10 (2) The chairperson may grant leave to a part-time commissioner 11 in accordance with entitlements available to the part-time 12 commissioner under the part-time commissioner's conditions 13 of office. 14 15 Acting chairperson 15 (1) The Minister may appoint a person qualified for appointment 16 as the chairperson to act as the chairperson-- 17 (a) during a vacancy in the office; or 18 (b) during any period, or all periods, when the chairperson 19 is absent from duty or from the State or, for another 20 reason, can not perform the duties of the office. 21 (2) The chairperson may appoint a part-time commissioner to act 22 as the chairperson during a period, of not more than 14 days, 23 when the chairperson is absent from duty or from the State or, 24 for another reason, can not perform the duties of the office. 25 16 Preservation of rights 26 (1) This section applies if-- 27 (a) a person is appointed as a commissioner; and 28 Page 8

 


 

Gasfields Commission Bill 2012 Part 2 Gasfields Commission [s 17] (b) the person resigns the person's role as a public service 1 officer in order to accept the appointment. 2 (2) The person retains and is entitled to all rights that have 3 accrued to the person because of the person's employment as 4 a public service officer, or that would accrue in the future to 5 the person because of that employment, as if service as the 6 commissioner were a continuation of service as a public 7 service officer. 8 (3) At the end of the person's term of office or on resignation-- 9 (a) the person is entitled to be appointed to an office in the 10 public service at a salary level not less than the current 11 salary level of an office equivalent to the office the 12 person held before being appointed as the 13 commissioner; and 14 (b) the person's service as the commissioner is to be 15 regarded as service of a like nature in the public service 16 for deciding the person's rights as a public service 17 officer. 18 Division 3 Disclosure of interests by 19 commissioners 20 17 Disclosure of interests 21 (1) This section applies if-- 22 (a) a commissioner or a close relative of a commissioner 23 has a direct or indirect pecuniary interest in a matter 24 being considered, or about to be considered, by the 25 commission; and 26 (b) the interest could conflict with the proper performance 27 of the commissioner's functions for the matter. 28 (2) The commissioner must, as soon as practicable, disclose the 29 interest to-- 30 (a) for the chairperson--all the other commissioners; or 31 Page 9

 


 

Gasfields Commission Bill 2012 Part 2 Gasfields Commission [s 18] (b) for a part-time commissioner--the chairperson. 1 Maximum penalty--100 penalty units. 2 (3) If a commissioner has disclosed an interest relating to a 3 matter, the commissioner must not participate in the 4 commission's consideration of the matter. 5 Maximum penalty--100 penalty units. 6 Division 4 Commission board meetings 7 18 Commission board meetings 8 The chairperson must convene a meeting of commissioners (a 9 commission board meeting) at least 6 times each year. 10 19 Purposes of commission board meetings 11 The purposes of commission board meetings are to-- 12 (a) ensure the commission performs its functions and 13 exercises its powers in an appropriate, effective and 14 efficient way; and 15 (b) set the strategic priorities of the commission; and 16 (c) develop plans to address key issues being considered by 17 the commission. 18 20 Conduct of commission board meetings 19 (1) Commission board meetings are to be held at the times and 20 places the chairperson decides. 21 (2) The chairperson must preside at all commission board 22 meetings at which the chairperson is present. 23 (3) If the chairperson is absent from a commission board meeting, 24 another commissioner chosen by the commissioners present 25 must preside. 26 Page 10

 


 

Gasfields Commission Bill 2012 Part 3 Particular powers of the commission [s 21] (4) A quorum for a commission board meeting is the chairperson 1 and 3 part-time commissioners. 2 (5) Subject to this Act, the commission may otherwise conduct 3 commission board meetings in the way it considers 4 appropriate. 5 Part 3 Particular powers of the 6 commission 7 Division 1 Powers relating to government 8 entities 9 21 Power to require particular information from government 10 entities 11 (1) The chairperson may give a government entity a written 12 notice requesting information in the entity's possession or 13 control that relates to-- 14 (a) the onshore gas industry; and 15 (b) a function of the commission. 16 (2) The notice must state how, and a reasonable period of at least 17 10 business days by which, the information must be given. 18 (3) The government entity must comply with a request made of it 19 under subsection (1) unless-- 20 (a) the information is not in its possession or control; or 21 (b) complying with the request would place the entity in 22 contravention of a law; or 23 (c) the request relates to someone else's confidential 24 information and the other person has refused to consent 25 to it being disclosed to the commissioner despite the 26 entity's reasonable efforts to obtain the consent. 27 Page 11

 


 

Gasfields Commission Bill 2012 Part 3 Particular powers of the commission [s 22] (4) If subsection (3) applies in relation to a request made of a 1 government entity under subsection (1), the entity must 2 inform the commissioner in writing that subsection (3) applies 3 in relation to the requirement. 4 22 Power to require advice 5 (1) The chairperson may, by written notice, require the chief 6 executive of a government entity to provide advice to the 7 chairperson if the advice-- 8 (a) relates to a function of the commission; and 9 (b) relates to a function of the government entity; and 10 (c) is something about which the chief executive could 11 reasonably be able to provide advice. 12 (2) The chief executive must, within a reasonable time, comply 13 with a request made of him or her under subsection (1) 14 unless-- 15 (a) complying with the requirement would place the chief 16 executive or entity in contravention of a law; or 17 (b) the requirement relates to someone else's confidential 18 information and the other person has refused to consent 19 to it being disclosed to the commissioner despite the 20 entity's reasonable efforts to obtain the consent. 21 23 Compulsory consultation 22 (1) A government entity that is developing policy or legislation 23 intended to affect the onshore gas industry must consult with 24 the commission about the proposed policy or legislation 25 during the development. 26 (2) However, while it is Parliament's intention that subsection (1) 27 be complied with, subsection (1) is directory only and does 28 not create rights or impose legally enforceable obligations on 29 the State, a government entity or anyone else. 30 (3) Failure to comply with subsection (1) does not affect the 31 validity of any decision. 32 Page 12

 


 

Gasfields Commission Bill 2012 Part 3 Particular powers of the commission [s 24] Division 2 Powers relating to landholders, 1 onshore gas operators and other 2 entities 3 24 Power to require particular information from prescribed 4 entities 5 (1) The chairperson may, by written notice, require a prescribed 6 entity to give the chairperson-- 7 (a) stated documents or information (the relevant material), 8 or stated types of documents or information (also the 9 relevant material), in its possession or control that the 10 commission reasonably requires for the effective and 11 efficient carrying out of the commission's functions; or 12 (b) access to the relevant material. 13 (2) The notice must state how, and a reasonable period by which, 14 the relevant material, or access to the relevant material, must 15 be given. 16 (3) An entity given a notice under subsection (1) must comply 17 with the notice unless-- 18 (a) the requirement relates to relevant material that is in 19 someone else's possession or control and the other 20 person has refused to give the relevant material to the 21 entity despite the entity's reasonable efforts to obtain it; 22 or 23 (b) complying with the requirement would place the entity 24 in contravention of a law; or 25 (c) the requirement relates to someone else's confidential 26 information and the other person has refused to consent 27 to it being disclosed to the commissioner despite the 28 entity's reasonable efforts to obtain the consent; or 29 (d) the giving of the relevant material might tend to 30 incriminate the entity; or 31 Page 13

 


 

Gasfields Commission Bill 2012 Part 3 Particular powers of the commission [s 25] (e) the relevant material is confidential to the entity or the 1 giving of the relevant material might be to the detriment 2 of the entity's commercial or other interests. 3 Maximum penalty--100 penalty units. 4 Division 3 Other 5 25 Publishing information 6 (1) The commission may publish any information relevant to the 7 purpose or a function of the commission. 8 (2) However, the commission must not publish any confidential 9 information under subsection (1). 10 26 Advisory bodies 11 The chairperson may establish the advisory bodies he or she 12 considers appropriate to give the chairperson or 13 commission-- 14 (a) additional or technical advice about a matter relevant to 15 a function of the commission; or 16 (b) feedback about advice the commission proposes to give 17 the Minister or government entities. 18 27 Gasfields community leaders council 19 (1) The commission must establish a committee (the gasfields 20 community leaders council) for the purpose of assisting the 21 commission to identify issues affecting the coexistence of 22 landholders, regional communities and the onshore gas 23 industry in Queensland. 24 (2) The gasfields community leaders council is to consist of the 25 chairperson and other individuals that the chairperson is 26 satisfied represent local governments, regional communities 27 and the onshore gas industry. 28 Page 14

 


 

Gasfields Commission Bill 2012 Part 4 Administration [s 28] (3) The chairperson is to preside at meetings of the gasfields 1 community leaders council. 2 Part 4 Administration 3 28 General manager 4 (1) The commission must employ a general manager. 5 (2) The general manager is employed under this Act and not 6 under the Public Service Act 2008. 7 (3) The commission may at any time remove the general manager 8 from office for any reason or none. 9 (4) Section 16 applies as if a reference to appointment as a 10 commissioner were a reference to employment as the general 11 manager. 12 (5) The general manager is responsible for-- 13 (a) the financial administration of the commission; and 14 (b) directing the other staff of the commission. 15 (6) However-- 16 (a) the general manager may authorise spending by the 17 commission during a financial year only under the 18 budget for that year, unless the Minister otherwise 19 approves; and 20 (b) the chairperson may direct the general manager about 21 helping the commissioners perform the commission's 22 functions. 23 (7) Subsection (5) does not prevent the attachment of the 24 commission to a department to ensure the commission is 25 supplied with the administrative support services it requires to 26 perform its functions effectively and efficiently. 27 Page 15

 


 

Gasfields Commission Bill 2012 Part 4 Administration [s 29] (8) The chairperson may appoint a person, other than a 1 commissioner, to act in the office of general manager 2 during-- 3 (a) any vacancy, or all vacancies, in the office; or 4 (b) any period, or all periods, when the general manager is 5 absent from duty, or can not, for another reason, perform 6 the functions of the office. 7 29 Commission staff 8 (1) The commission may employ other staff it considers 9 appropriate to perform its functions. 10 (2) The other staff are to be employed under the Public Service 11 Act 2008. 12 30 Alternative staffing arrangements 13 (1) The general manager may arrange with the chief executive of 14 a department, a local government, a government entity or a 15 government owned corporation, for the services of officers or 16 employees of the department, local government, entity or 17 corporation to be made available to the commission. 18 (2) An officer or employee whose services are made available 19 under subsection (1)-- 20 (a) continues to be an officer or employee of the 21 department, local government, entity or corporation; and 22 (b) continues to be employed or otherwise engaged by the 23 department, local government, entity or corporation on 24 the same terms and conditions applying to the officer or 25 employee before his or her services were made 26 available; and 27 (c) is, for the period the services are made available and for 28 the carrying out of the authority's functions, taken to be 29 a member of the staff of the commission. 30 Page 16

 


 

Gasfields Commission Bill 2012 Part 4 Administration [s 31] 31 Commission not subject to outside direction 1 Commissioners, the general manager and staff of the 2 commission are not subject to direction in the performance of 3 their duties by any person, other than from within the 4 commission. 5 32 Annual budgets 6 (1) The general manager must, before each 31 March-- 7 (a) prepare a budget-- 8 (i) of estimated costs of the commission for the next 9 financial year; and 10 (ii) consistent with the strategic priorities of the 11 commission; and 12 (b) present the budget to the commissioners for approval to 13 give the budget to the Minister; and 14 (c) give the approved budget to the Minister. 15 (2) The Minister must approve, or refuse to approve, a budget by 16 each 30 April. 17 (3) However, a failure by the Minister to act under subsection (2) 18 does not prevent the Minister approving, or refusing to 19 approve, a budget at later time. 20 (4) A budget has no effect until it has been approved by the 21 Minister. 22 (5) During a financial year the general manager may prepare 23 amendments to the budget for that year. 24 (6) An amendment of a budget has no effect until it has been 25 approved by-- 26 (a) for a minor amendment--the chairperson in 27 consultation with the part-time commissioners; or 28 (b) otherwise--the Minister on the recommendation of the 29 chairperson in consultation with the part-time 30 commissioners. 31 Page 17

 


 

Gasfields Commission Bill 2012 Part 4 Administration [s 33] (7) If the chairperson and the part-time commissioners differ 1 about what should be recommended to the Minister for an 2 approval under this section, the Minister may still give the 3 approval. 4 (8) In this section-- 5 minor amendment, of an annual budget, means an 6 amendment of a minor nature that does not change the total of 7 the estimated costs mentioned in the budget. 8 33 Annual report 9 (1) The general manager must prepare and give to the Minister a 10 written report about the operations of the commission during 11 each financial year. 12 (2) Before the report is given to the Minister the commissioners 13 must approve the report. 14 (3) The report must be given to the Minister as soon as 15 practicable after the end of the financial year, but within a 16 period that will allow the report to be tabled in the Legislative 17 Assembly within 3 months after the end of the financial year 18 to which the report relates. 19 (4) Without limiting subsection (1), the general manager must 20 include in the report-- 21 (a) details of the functions performed by the commission 22 during the year; and 23 (b) financial statements for the commission for the year; 24 and 25 (c) a description of the prosecutions, if any, undertaken by 26 the commission during the year; and 27 (d) information about how efficiently and effectively the 28 commission has carried out its operations, including 29 identifying key achievements and financial and 30 non-financial performance. 31 (5) A description may include statistics. 32 Page 18

 


 

Gasfields Commission Bill 2012 Part 5 General offences and legal proceedings [s 34] (6) The report must not be prepared in a way that discloses 1 confidential information. 2 34 Delegation 3 (1) The chairperson may delegate any of the chairperson's 4 functions to a part-time commissioner. 5 (2) In this section-- 6 functions includes powers. 7 Part 5 General offences and legal 8 proceedings 9 Division 1 General offences 10 35 False or misleading statements 11 (1) This section applies to a person who, in compliance with this 12 Act, must provide information to the chairperson. 13 (2) The person must not state anything to the chairperson that the 14 person knows is false or misleading in a material particular. 15 Maximum penalty--100 penalty units. 16 36 False or misleading documents 17 (1) This section applies to a person who, in compliance with this 18 Act, must provide information to the chairperson. 19 (2) The person must not give the chairperson a document 20 containing information that the person knows is false or 21 misleading in a material particular. 22 Maximum penalty--100 penalty units. 23 Page 19

 


 

Gasfields Commission Bill 2012 Part 5 General offences and legal proceedings [s 37] (3) Subsection (2) does not apply to a person if the person, when 1 giving the document-- 2 (a) tells the chairperson, to the best of the person's ability, 3 how it is false or misleading; and 4 (b) if the person has, or can reasonably obtain, the correct 5 information--gives the correct information. 6 37 Use of confidential information 7 (1) This section applies to a person who-- 8 (a) is, or has been, a commissioner, general manager or staff 9 member of the commission; and 10 (b) obtains confidential information in administering or 11 performing a function under this Act. 12 (2) The person must not, whether directly or indirectly, disclose 13 the confidential information unless the disclosure is-- 14 (a) in the performance of functions under this Act; or 15 (b) with the consent of the person to whom the information 16 relates; or 17 (c) otherwise required or permitted by law. 18 Maximum penalty--50 penalty units. 19 Division 2 Evidentiary provisions 20 38 Summary offences 21 An offence against this Act is a summary offence. 22 39 Appointments and authority 23 In a proceeding, the following must be presumed unless a 24 party to the proceeding, by reasonable notice, requires proof 25 of it-- 26 (a) the appointment under this Act of a commissioner; 27 Page 20

 


 

Gasfields Commission Bill 2012 Part 5 General offences and legal proceedings [s 40] (b) the authority of a commissioner, the general manager or 1 staff of the commission to do anything under this Act. 2 40 Signatures 3 A signature purporting to be the signature of a commissioner 4 or the general manager is evidence of the signature it purports 5 to be. 6 41 Other evidentiary aids 7 (1) In a proceeding, a certificate purporting to be that of the 8 chairperson stating any of the following matters is evidence of 9 the matter-- 10 (a) a stated document is an appointment or notice made or given under this Act; 12 11 (b) a stated document is a document given to the commission under this Act; 14 13 (c) a stated document is a copy of a document mentioned in paragraph (a) or (b); 16 15 (d) on a stated day, a stated requirement was made of a 17 person. 18 (2) A statement in a complaint for an offence against this Act that 19 the matter of the complaint came to the knowledge of the 20 complainant on a stated day is evidence of when the matter 21 came to the complainant's knowledge. 22 42 Protection from liability 23 (1) A commissioner, the general manager or other staff of the 24 commission do not incur civil liability for an act done, or 25 omission made, honestly and without negligence under this 26 Act. 27 (2) If subsection (1) prevents a civil liability attaching to the 28 commissioner, general manager or staff, the liability attaches 29 instead to the State. 30 Page 21

 


 

Gasfields Commission Bill 2012 Part 6 Other matters [s 43] 43 Commission is a statutory body 1 (1) The commission is a statutory body under-- 2 (a) the Financial Accountability Act 2009; and 3 (b) the Statutory Bodies Financial Arrangements Act 1982. 4 (2) The Statutory Bodies Financial Arrangements Act 1982, part 5 2B sets out the way in which the commission's powers under 6 this Act are affected by that Act. 7 Part 6 Other matters 8 44 Regulation-making power 9 The Governor in Council may make regulations under this 10 Act. 11 Page 22

 


 

Gasfields Commission Bill 2012 Schedule 1 Schedule 1 Dictionary 1 section 4 2 chairperson means the person appointed as chairperson under 3 section 8. 4 commission means the Gasfields Commission established 5 under section 5. 6 commission board meeting see section 19. 7 commissioner means a person appointed under section 8 as 8 either the chairperson or a part-time commissioner. 9 confidential information-- 10 (a) means any information that-- 11 (i) could identify an individual; or 12 (ii) is about a person's current financial position or 13 financial background; or 14 (iii) would be likely to damage the commercial 15 activities of a person to whom the information 16 relates; but 17 (b) does not include-- 18 (i) information that is publicly available; or 19 (ii) statistical or other information that could not 20 reasonably be expected to result in the 21 identification of the individual to whom it relates. 22 general manager means the person appointed as general 23 manager under section 29. 24 government entity see the Public Service Act 2008, section 25 24. 26 landholder means an entity that holds either a freehold or 27 leasehold interest in land within Queensland. 28 onshore gas industry means the businesses that-- 29 Page 23

 


 

Gasfields Commission Bill 2012 Schedule 1 (a) carry out the exploration or production of petroleum, 1 within the meaning of the Petroleum and Gas 2 (Production and Safety) Act 2004, on land within 3 Queensland (other than submerged land); or 4 (b) carry out the transportation of petroleum, within 5 Queensland, using a pipeline with the meaning of the 6 Petroleum and Gas (Production and Safety) Act 2004, 7 section 16. 8 onshore gas operator means an entity that-- 9 (a) carries out the exploration or production of petroleum, 10 within the meaning of the Petroleum and Gas 11 (Production and Safety) Act 2004, on land within 12 Queensland (other than submerged land); or 13 (b) carries out the transportation of petroleum, within 14 Queensland, using a pipeline with the meaning of the 15 Petroleum and Gas (Production and Safety) Act 2004, 16 section 16. 17 petroleum see the Petroleum and Gas (Production and Safety) 18 Act 2004, section 10. 19 prescribed entity means-- 20 (a) a landholder; or 21 (b) an onshore gas operator; or 22 (c) a company engaged under a written agreement to carry 23 out work, on behalf of an onshore gas operator, that 24 relates to the exploration or production of petroleum. 25 © State of Queensland 2012 Page 24

 


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