Queensland Alcan Queensland Pty. Limited Agreement Act 1965 Current as at 11 September 2015 Queensland Alcan Queensland Pty. Limited Agreement Act 1965 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Execution of agreement authorised . . . . . . . . . . . . . . . . . . . . . . . 3 3 Executed agreement to have force of law . . . . . . . . . . . . . . . . . . 3 4 Variation of agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4A Application of GST to rents after 30 June 2005 . . . . . . . . . . . . . 4 4B Declaration for Commonwealth Act . . . . . . . . . . . . . . . . . . . . . . . 4 4C Authorisation of variation by further agreement . . . . . . . . . . . . . 5 4D Authorisation of variation by further agreement . . . . . . . . . . . . . 5 5 Regulation making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Schedule 1 The Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Schedule 2 Proposed further agreement . . . . . . . . . . . . . . . . . . . . . . . . . . 69 Schedule 3 Proposed further agreement . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Schedule 4 Proposed further agreement . . . . . . . . . . . . . . . . . . . . . . . . . . 75 Alcan Queensland Pty. Limited Agreement Act 1965 [s 1] Alcan Queensland Pty. Limited Agreement Act 1965 An Act with respect to an agreement between the State and Alcan Queensland Pty. Limited; and for purposes incidental thereto and consequent thereon 1 Short title This Act may be cited as the Alcan Queensland Pty. Limited Agreement Act 1965. 2 Execution of agreement authorised The Premier and Minister for State Development is hereby authorised to make, for and on behalf of the State, with Alcan Queensland Pty. Limited, a company duly incorporated in the said State and having its registered office at 163 Adelaide Street, Brisbane, in the said State, the agreement a draft of which is set out in schedule 1 (the agreement). Note— Since the making of the agreement, Alcan Queensland Pty. Limited has changed its name to Alcan South Pacific Pty Ltd. 3 Executed agreement to have force of law Upon the making of the agreement the provisions thereof shall have the force of law as though the agreement were an enactment of this Act. 4 Variation of agreement (1) The agreement may be varied only— (a) by further agreement between the State and the company; and Current as at 11 September 2015 Page 3 Authorised by the Parliamentary Counsel Alcan Queensland Pty. Limited Agreement Act 1965 [s 4A] (b) under the authority of an Act. (2) A variation of the agreement purported to be made other than under subsection (1) is of no effect. (3) The Minister must notify the date of the making of each further agreement by gazette notice. (4) The agreement as varied has the force of law as if it were an enactment of this Act. 4A Application of GST to rents after 30 June 2005 (1) This section applies to rent payable after 30 June 2005 under— (a) this Act; or (b) the agreement; or (c) a lease granted under, or mentioned in, the agreement. (2) If the rent is for a supply for which GST is payable, the rent payable is the total of— (a) the rent that would have been payable if the rent were not for a supply for which GST is payable; and (b) 10% of the rent that would have been payable if the rent were not for a supply for which GST is payable. (3) Subsection (2) applies despite— (a) sections 2 to 4; or (b) the agreement; or (c) the Mineral Resources Act 1989. (4) A reference in this section to the agreement includes any amendment of the agreement. 4B Declaration for Commonwealth Act A special bauxite mining lease is declared not to be personal property under the Personal Property Securities Act 2009 (Cwlth). Page 4 Current as at 11 September 2015 Authorised by the Parliamentary Counsel Alcan Queensland Pty. Limited Agreement Act 1965 [s 4C] 4C Authorisation of variation by further agreement The agreement may be varied by further agreements corresponding to the proposed further agreements set out in schedules 2 and 3. 4D Authorisation of variation by further agreement The agreement may be varied by further agreement corresponding to the proposed further agreement set out in schedule 4. 5 Regulation making power The Governor in Council may make regulations under this Act. Current as at 11 September 2015 Page 5 Authorised by the Parliamentary Counsel Alcan Queensland Pty. Limited Agreement Act 1965 Schedule 1 Schedule 1 The Agreement section 2 Note— Consistent with the provisions of the Act, this schedule only contains the proposed agreement authorised to be entered into by the Act as originally enacted. It does not purport to be either the agreement actually entered into or that agreement as amended from time to time. Page 6 Current as at 11 September 2015 Authorised by the Parliamentary Counsel Alcan Queensland Pty. Limited Agreement Act 1965 Schedule 1 Current as at 11 September 2015 Page 7 Authorised by the Parliamentary Counsel Alcan Queensland Pty. Limited Agreement Act 1965 Schedule 1 Page 8 Current as at 11 September 2015 Authorised by the Parliamentary Counsel Alcan Queensland Pty. Limited Agreement Act 1965 Schedule 1 Current as at 11 September 2015 Page 9 Authorised by the Parliamentary Counsel Alcan Queensland Pty. Limited Agreement Act 1965 Schedule 1 Page 10 Current as at 11 September 2015 Authorised by the Parliamentary Counsel Alcan Queensland Pty. Limited Agreement Act 1965 Schedule 1 Current as at 11 September 2015 Page 11 Authorised by the Parliamentary Counsel Alcan Queensland Pty. Limited Agreement Act 1965 Schedule 1 Page 12 Current as at 11 September 2015 Authorised by the Parliamentary Counsel Alcan Queensland Pty. Limited Agreement Act 1965 Schedule 1 Current as at 11 September 2015 Page 13 Authorised by the Parliamentary Counsel Alcan Queensland Pty. Limited Agreement Act 1965 Schedule 1 Page 14 Current as at 11 September 2015 Authorised by the Parliamentary Counsel Alcan Queensland Pty. Limited Agreement Act 1965 Schedule 1 Current as at 11 September 2015 Page 15 Authorised by the Parliamentary Counsel Alcan Queensland Pty. Limited Agreement Act 1965 Schedule 1 Page 16 Current as at 11 September 2015 Authorised by the Parliamentary Counsel Alcan Queensland Pty. Limited Agreement Act 1965 Schedule 1 Current as at 11 September 2015 Page 17 Authorised by the Parliamentary Counsel Alcan Queensland Pty. Limited Agreement Act 1965 Schedule 1 Page 18 Current as at 11 September 2015 Authorised by the Parliamentary Counsel Alcan Queensland Pty. 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Limited Agreement Act 1965 Schedule 1 Page 54 Current as at 11 September 2015 Authorised by the Parliamentary Counsel Alcan Queensland Pty. Limited Agreement Act 1965 Schedule 1 Current as at 11 September 2015 Page 55 Authorised by the Parliamentary Counsel Alcan Queensland Pty. Limited Agreement Act 1965 Schedule 1 Page 56 Current as at 11 September 2015 Authorised by the Parliamentary Counsel Alcan Queensland Pty. Limited Agreement Act 1965 Schedule 1 Current as at 11 September 2015 Page 57 Authorised by the Parliamentary Counsel Alcan Queensland Pty. Limited Agreement Act 1965 Schedule 1 Page 58 Current as at 11 September 2015 Authorised by the Parliamentary Counsel Alcan Queensland Pty. Limited Agreement Act 1965 Schedule 1 Current as at 11 September 2015 Page 59 Authorised by the Parliamentary Counsel Alcan Queensland Pty. Limited Agreement Act 1965 Schedule 1 Page 60 Current as at 11 September 2015 Authorised by the Parliamentary Counsel Alcan Queensland Pty. 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Limited Agreement Act 1965 Schedule 1 Page 68 Current as at 11 September 2015 Authorised by the Parliamentary Counsel Alcan Queensland Pty. Limited Agreement Act 1965 Schedule 2 Schedule 2 Proposed further agreement section 4C Current as at 11 September 2015 Page 69 Authorised by the Parliamentary Counsel Alcan Queensland Pty. Limited Agreement Act 1965 Schedule 2 Page 70 Current as at 11 September 2015 Authorised by the Parliamentary Counsel Alcan Queensland Pty. Limited Agreement Act 1965 Schedule 2 Current as at 11 September 2015 Page 71 Authorised by the Parliamentary Counsel Alcan Queensland Pty. Limited Agreement Act 1965 Schedule 3 Schedule 3 Proposed further agreement section 4C Page 72 Current as at 11 September 2015 Authorised by the Parliamentary Counsel Alcan Queensland Pty. Limited Agreement Act 1965 Schedule 3 Current as at 11 September 2015 Page 73 Authorised by the Parliamentary Counsel Alcan Queensland Pty. Limited Agreement Act 1965 Schedule 3 Page 74 Current as at 11 September 2015 Authorised by the Parliamentary Counsel Alcan Queensland Pty. Limited Agreement Act 1965 Schedule 4 Schedule 4 Proposed further agreement section 4D Current as at 11 September 2015 Page 75 Authorised by the Parliamentary Counsel Alcan Queensland Pty. Limited Agreement Act 1965 Schedule 4 Page 76 Current as at 11 September 2015 Authorised by the Parliamentary Counsel Alcan Queensland Pty. Limited Agreement Act 1965 Schedule 4 Current as at 11 September 2015 Page 77 Authorised by the Parliamentary Counsel Alcan Queensland Pty. Limited Agreement Act 1965 Endnotes 1 Index to endnotes 2 Key 3 Table of reprints 4 List of legislation 5 List of annotations 2Key Key to abbreviations in list of legislation and annotations Key Explanation Key Explanation AIA = Acts Interpretation Act (prev) = previously 1954 amd = amended proc = proclamation amd = amendment prov = provision t ch = chapter pt = part def = definition pubd = published div = division R[X] = Reprint No. [X] exp = expires/expired RA = Reprints Act 1992 gaz = gazette reloc = relocated hdg = heading renu = renumbered m ins = inserted rep = repealed lap = lapsed (retro = retrospectively ) notf = notified rv = revised version d num = numbered s = section Page 78 Current as at 11 September 2015 Alcan Queensland Pty. Limited Agreement Act 1965 Endnotes Key Explanation Key Explanation o in = order in council sch = schedule c om = omitted sdiv = subdivision orig = original SIA = Statutory Instruments Act 1992 p = page SIR = Statutory Instruments Regulation 2012 para = paragraph SL = subordinate legislation prec = preceding sub = substituted pres = present unnu = unnumbered m prev = previous 3 Table of reprints A new reprint of the legislation is prepared by the Office of the Queensland Parliamentary Counsel each time a change to the legislation takes effect. The notes column for this reprint gives details of any discretionary editorial powers under the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in preparing it. Section 5(c) and (d) of the Act are not mentioned as they contain mandatory requirements that all amendments be included and all necessary consequential amendments be incorporated, whether of punctuation, numbering or another kind. Further details of the use of any discretionary editorial power noted in the table can be obtained by contacting the Office of the Queensland Parliamentary Counsel by telephone on 3003 9601 or email legislation.queries@oqpc.qld.gov.au. From 29 January 2013, all Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints is not continued with the relevant details for historical reprints included in this table. Reprint Amendments to Effective Reprint date No. 1 1995 Act No. 58 28 November 1995 13 December 1995 Current as at 11 September 2015 Page 79 Alcan Queensland Pty. Limited Agreement Act 1965 Endnotes Reprint Amendments Effective Notes No. included 2 2000 Act No. 20 1 July 2000 2A 2010 Act No. 52 10 December 2010 2B 2010 Act No. 44 30 January 2012 Current as at Amendments Notes included 11 September 2015 2014 Act No. 64 4 List of legislation Alcan Queensland Pty. Limited Agreement Act 1965 No. 2 date of assent 31 March 1965 commenced on date of assent amending legislation— Statute Law Revision Act (No. 2) 1995 No. 58 ss 1–2, 4 sch 1 date of assent 28 November 1995 commenced on date of assent GST and Related Matters Act 2000 No. 20 ss 1, 2(4), 29 sch 3 date of assent 23 June 2000 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2000 (see s 2(4)) Personal Property Securities (Ancillary Provisions) Act 2010 No. 44 ss 1–2, ch 4 pt 12 date of assent 14 October 2010 ss 1–2 commenced on date of assent remaining provisions commenced 30 January 2012 (2011 SL No. 262) Natural Resources and Other Legislation Amendment Act (No. 2) 2010 No. 52 pts 1– 2 date of assent 1 December 2010 ss 1–2 commenced on date of assent remaining provisions commenced 10 December 2010 (2010 SL No. 351) Water Reform and Other Legislation Amendment Act 2014 No. 64 ss 1, 2(2), pt 2 date of assent 5 December 2014 ss 1–2 commenced on date of assent remaining provisions commenced 11 September 2015 (2015 SL No. 122) (previous proclamation 2014 SL No. 333 item 2 was amd (2015 SL No. 2)) Page 80 Current as at 11 September 2015 Alcan Queensland Pty. Limited Agreement Act 1965 Endnotes 5 List of annotations Execution of agreement authorised s 2 amd 2010 No. 52 s 4 Executed agreement to have force of law s 3 amd 1995 No. 58 s 4 sch 1 Variation of agreement s 4 sub 1995 No. 58 s 4 sch 1 amd 2010 No. 52 s 5 Application of GST to rents after 30 June 2005 s 4A ins 2000 No. 20 s 29 sch 3 Declaration for Commonwealth Act s 4B ins 2010 No. 44 s 88 Authorisation of variation by further agreement s 4C ins 2010 No. 53 s 6 Authorisation of variation by further agreement s 4D ins 2015 No. 64 s 4 Regulation making power s 5 sub 1995 No. 58 s 4 sch 1 SCHEDULE 1—THE AGREEMENT sch 1 amd 2010 No. 53 s 7 SCHEDULE 2—PROPOSED FURTHER AGREEMENT sch 2 ins 2010 No. 53 s 8 SCHEDULE 3—PROPOSED FURTHER AGREEMENT sch 3 ins 2010 No. 53 s 8 SCHEDULE 4—PROPOSED FURTHER AGREEMENT sch 4 ins 2015 No.64 s 5 © State of Queensland 2017 Current as at 11 September 2015 Page 81