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Queensland
City of Brisbane Bill 2010
Queensland
City of Brisbane Bill 2010
Contents
Page
Chapter 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
3 Purpose of this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
4 Local government principles underpin this Act. . . . . . . . . . . . . . . 19
5 Relationship with Local Government Act . . . . . . . . . . . . . . . . . . . 20
6 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Chapter 2 Brisbane City Council
Part 1 City of Brisbane
7 City of Brisbane . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Part 2 Council constitution, responsibilities and powers
8 What this part is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
9 The Brisbane City Council's responsibility for Brisbane . . . . . . . . 21
10 Brisbane City Council is a body corporate . . . . . . . . . . . . . . . . . . 21
11 Powers of council generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
12 Power includes power to conduct joint government activities. . . . 22
13 Who the council is constituted by . . . . . . . . . . . . . . . . . . . . . . . . . 23
14 Responsibilities of councillors . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
15 Responsibilities of council employees . . . . . . . . . . . . . . . . . . . . . 25
Part 3 Wards of Brisbane
16 What this part is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
17 Wards of Brisbane . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
18 Review of wards of Brisbane . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Part 4 Changing Brisbane area or representation
Division 1 Introduction
19 What this part is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
City of Brisbane Bill 2010
Contents
Division 2 The process for change
20 Who may start the change process . . . . . . . . . . . . . . . . . . . . . . . 28
21 Assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
22 Implementation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
23 Decisions under this division are not subject to appeal . . . . . . . . 30
Chapter 3 The business of the council
Part 1 Statutory committees and council meetings
Division 1 Statutory committees of the council
24 Establishment and Coordination Committee . . . . . . . . . . . . . . . . 31
Division 2 Meetings of the council or its committees
25 Chairperson of the council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
26 Mayor as member of standing committees of the council . . . . . . 32
Part 2 Local laws
Division 1 Introduction
27 What this part is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
28 Interaction with State laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Division 2 Making, recording and reviewing local laws
29 Power to make a local law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
30 Local law making process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
31 Expiry of interim local law revives previous law . . . . . . . . . . . . . . 36
32 Local law register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
33 Consolidated versions of local laws . . . . . . . . . . . . . . . . . . . . . . . 37
34 Regular review of local laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Division 3 Local laws that can not be made
35 What this division is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
36 Network connections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
37 Election advertising . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
38 Development processes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
39 Anti-competitive provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Division 4 Action by the Minister about particular local laws
40 Suspending or revoking particular local laws . . . . . . . . . . . . . . . . 40
Part 3 Beneficial enterprises and business activities
Division 1 Beneficial enterprises
41 What this division is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
42 Conducting beneficial enterprises . . . . . . . . . . . . . . . . . . . . . . . . 42
43 Register of beneficial enterprises . . . . . . . . . . . . . . . . . . . . . . . . . 43
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44 Planning for a beneficial enterprise with the private sector . . . . . 44
Division 2 Business reform, including competitive neutrality
45 What this division is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
46 Ways to apply the competitive neutrality principle . . . . . . . . . . . . 46
47 Identifying significant business activities . . . . . . . . . . . . . . . . . . . 47
48 Assessing public benefit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
49 Code of competitive conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
50 Competitive neutrality complaints. . . . . . . . . . . . . . . . . . . . . . . . . 50
Division 3 Responsibilities and liabilities of employees of corporate
entities
51 Director's duty to disclose interest in a matter . . . . . . . . . . . . . . . 51
52 Obligations of a corporate entity's employees . . . . . . . . . . . . . . . 52
53 Corporate entity must not insure against certain liabilities of
employees ................................. 53
54 When a corporate entity is not to indemnify employees . . . . . . . . 53
55 Prohibition on loans to directors . . . . . . . . . . . . . . . . . . . . . . . . . . 54
56 Duty to prevent insolvent trading . . . . . . . . . . . . . . . . . . . . . . . . . 55
57 Order for examination of persons concerned with corporate
entities ......................................... 56
58 Examination of persons concerned with corporate entities . . . . . 57
59 Relief from liability for malpractice . . . . . . . . . . . . . . . . . . . . . . . . 59
60 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . 60
61 Application of other Acts to a corporate entity . . . . . . . . . . . . . . . 61
Part 4 Roads and other infrastructure
Division 1 Roads
62 What this division is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
63 Control of roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
64 Notice of intention to acquire land to widen a road . . . . . . . . . . . 63
65 Compensation for a notice of intention to acquire land . . . . . . . . 64
66 Appeal on a claim for compensation . . . . . . . . . . . . . . . . . . . . . . 66
67 Acquisition of land instead of compensation . . . . . . . . . . . . . . . . 66
68 What is to happen if a realignment is not carried out . . . . . . . . . . 67
69 Compensation if realignment not carried out . . . . . . . . . . . . . . . . 67
70 Acquiring land for use as a footpath . . . . . . . . . . . . . . . . . . . . . . . 68
71 Notice to the council of opening or closing of roads. . . . . . . . . . . 69
72 Closing roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
73 Temporary roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
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74 The Brisbane River. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
75 Road levels. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
76 Assessment of impacts on roads from certain activities. . . . . . . . 73
77 Categorisation of roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
78 Roads map and register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
79 Unauthorised works on roads. . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
Division 2 Stormwater drains
80 What this division is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
81 Connecting stormwater installation to stormwater drain. . . . . . . . 76
82 No connecting sewerage to stormwater drain . . . . . . . . . . . . . . . 77
83 No trade waste or prohibited substances in stormwater drain . . . 79
84 Interference with path of stormwater . . . . . . . . . . . . . . . . . . . . . . 81
Division 3 Other infrastructure
85 Malls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
86 City Botanic Gardens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
87 Resumption of prescribed land by council . . . . . . . . . . . . . . . . . . 82
88 Materials in infrastructure are council property . . . . . . . . . . . . . . 83
Chapter 4 Finances and accountability
Part 1 Rates and charges
89 What this part is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
90 Types of rates and charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
91 Land on which rates are levied. . . . . . . . . . . . . . . . . . . . . . . . . . . 86
92 Power to levy rates and charges . . . . . . . . . . . . . . . . . . . . . . . . . 87
93 Overdue rates and charges are a charge over rateable land . . . . 87
94 Regulations for rates and charges . . . . . . . . . . . . . . . . . . . . . . . . 88
Part 2 Fees
95 Cost-recovery fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
96 Register of cost-recovery fees . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
97 Fees on occupiers of land below the high-water mark . . . . . . . . . 90
Part 3 Financial sustainability and accountability
98 Statutory Bodies Financial Arrangements Act applies to council . 91
99 Systems of financial management . . . . . . . . . . . . . . . . . . . . . . . . 91
100 Approval of budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
Part 4 Councillors' financial accountability
101 What this part is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
102 Councillor's discretionary funds . . . . . . . . . . . . . . . . . . . . . . . . . . 93
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103 Councillors liable for improper disbursements . . . . . . . . . . . . . . . 93
104 Councillors liable for loans to individuals . . . . . . . . . . . . . . . . . . . 94
105 Councillors liable for improper borrowings . . . . . . . . . . . . . . . . . . 94
Chapter 5 Monitoring and enforcing the local government related laws
Part 1 The council
106 What this part is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
107 Decisions under this part are not subject to appeal . . . . . . . . . . . 96
108 Gathering information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
109 Acting on the information gathered . . . . . . . . . . . . . . . . . . . . . . . 97
Part 2 The public
Division 1 Powers of authorised persons
Subdivision 1 Introduction
110 What this division is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
111 Producing authorised person's identity card. . . . . . . . . . . . . . . . . 99
Subdivision 2 Power to require a person's name and address
112 Power to require a person's name and address . . . . . . . . . . . . . . 99
Subdivision 3 Powers to enter property etc.
113 Entering a public place that is open without the need for
permission ...................................... 100
114 Entering private property with, and in accordance with, the
occupier's permission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
115 Entering private property with, and in accordance with, a
warrant ................................... 102
116 Warrants--applications made electronically. . . . . . . . . . . . . . . . . 104
117 Entering under an application, permit or notice . . . . . . . . . . . . . . 106
118 Entering property under an approved inspection program . . . . . . 107
119 Approving an inspection program. . . . . . . . . . . . . . . . . . . . . . . . . 108
120 General powers after entering a property. . . . . . . . . . . . . . . . . . . 110
121 Authorised person to give notice of damage . . . . . . . . . . . . . . . . 111
122 Compensation for damage or loss caused after entry . . . . . . . . . 112
Division 2 Powers of other persons
123 What this division is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
124 Entry with, and in accordance with, permission of occupier. . . . . 114
125 Entry by an owner, with reasonable written notice, under a
remedial notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
126 Occupier may discharge owner's obligations . . . . . . . . . . . . . . . . 115
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127 Entry by a council worker, with reasonable written
notice, under a remedial notice . . . . . . . . . . . . . . . . . . . . . . . . . . 115
128 Entry by a council worker, with reasonable written
notice, to take materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
129 Entry by a council worker, at reasonable times, to repair etc.
facilities ........................................ 118
130 Entry by a council worker, at any time, for urgent action . . . . . . . 119
131 Entry with, and in accordance with, a court order . . . . . . . . . . . . 119
132 Compensation for damage or loss caused . . . . . . . . . . . . . . . . . . 121
133 Limitation of time in absence of notice of work done . . . . . . . . . . 122
Part 3 Investigation of council records
Division 1 Introduction
134 What this part is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
Division 2 Investigations by department
135 Producing authorised officer's identity card . . . . . . . . . . . . . . . . . 122
136 Making of inquiries for department . . . . . . . . . . . . . . . . . . . . . . . . 123
137 Power to require information or document for department
investigation .................................... 123
Division 3 Investigations by council
138 Producing authorised person's identity card. . . . . . . . . . . . . . . . . 124
139 Making of inquiries for council . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
140 Power to require information or document for council
investigation .................................. 125
141 Referral to department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
142 Chief executive officer not subject to direction . . . . . . . . . . . . . . . 127
Part 4 Offences
143 Obstructing enforcement of this Act or local laws etc. . . . . . . . . . 127
144 Impersonating an authorised person . . . . . . . . . . . . . . . . . . . . . . 128
145 Duty to make documents available. . . . . . . . . . . . . . . . . . . . . . . . 128
Chapter 6 Administration
Part 1 Introduction
146 What this chapter is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
Part 2 Councillors
Division 1 Qualifications of councillors
147 Qualifications of councillors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
148 Disqualification for certain offences . . . . . . . . . . . . . . . . . . . . . . . 130
149 Disqualification of prisoners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
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150 Disqualification because of other high office . . . . . . . . . . . . . . . . 131
151 Disqualification during bankruptcy . . . . . . . . . . . . . . . . . . . . . . . . 132
152 Judicial review of qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . 132
153 Acting as councillor without authority . . . . . . . . . . . . . . . . . . . . . . 133
Division 2 Councillor's term of office
154 When a councillor's term starts . . . . . . . . . . . . . . . . . . . . . . . . . . 133
155 When a councillor's term ends . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
Division 3 Vacancies in councillor's office
156 What this division is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
157 When a councillor's office becomes vacant . . . . . . . . . . . . . . . . . 135
158 When a vacancy in an office must be filled . . . . . . . . . . . . . . . . . 135
159 Filling a vacancy in the office of mayor. . . . . . . . . . . . . . . . . . . . . 136
160 Acting mayor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
161 Filling a vacancy in the office of another councillor . . . . . . . . . . . 137
Division 4 Councillors with other jobs
162 Councillors and council jobs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
163 Councillors and full-time government jobs . . . . . . . . . . . . . . . . . . 138
Division 5 Obligations of councillors
164 Obligations of councillors before acting in office . . . . . . . . . . . . . 140
165 Giving directions to council staff. . . . . . . . . . . . . . . . . . . . . . . . . . 140
166 Requests for help or advice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
167 Inspection of particular records by councillors . . . . . . . . . . . . . . . 142
168 Use of information by councillors . . . . . . . . . . . . . . . . . . . . . . . . . 142
169 Councillor's material personal interest at a meeting. . . . . . . . . . . 143
170 Councillor's conflict of interest at a meeting . . . . . . . . . . . . . . . . . 145
171 Duty to report another councillor's material personal interest,
conflict of interest or misconduct . . . . . . . . . . . . . . . . . . . . . . . . . 146
172 Post-election meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
Division 6 Conduct and performance of councillors
173 What this division is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
174 BCC councillors code of conduct . . . . . . . . . . . . . . . . . . . . . . . . . 150
175 Assessing complaints. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
176 Notifying councillor of the hearing of a complaint. . . . . . . . . . . . . 153
177 Hearing and deciding complaints . . . . . . . . . . . . . . . . . . . . . . . . . 153
178 Taking disciplinary action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
179 Costs of tribunal to be paid by council . . . . . . . . . . . . . . . . . . . . . 156
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180 Inappropriate conduct in meeting of council. . . . . . . . . . . . . . . . . 156
181 Application of Crime and Misconduct Act. . . . . . . . . . . . . . . . . . . 157
Part 3 BCC councillor conduct review panel
182 Appointing members of the BCC councillor conduct review
panel ....................................... 157
183 Remuneration and appointment conditions of members . . . . . . . 159
184 Conflict of interests. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159
Part 4 Council employees
Division 1 Chief executive officer
185 Appointing a chief executive officer . . . . . . . . . . . . . . . . . . . . . . . 160
186 Appointing an acting chief executive officer . . . . . . . . . . . . . . . . . 160
Division 2 Other council employees
187 Appointing senior contract employees . . . . . . . . . . . . . . . . . . . . . 161
188 Appointing other council employees. . . . . . . . . . . . . . . . . . . . . . . 161
189 Disciplinary action against council employees . . . . . . . . . . . . . . . 162
Division 3 Common provisions
190 Concurrent employment of council employees. . . . . . . . . . . . . . . 162
191 Improper conduct by council employees . . . . . . . . . . . . . . . . . . . 162
192 Use of information by council employees . . . . . . . . . . . . . . . . . . . 163
193 Annual report must detail remuneration . . . . . . . . . . . . . . . . . . . . 164
Part 5 Authorised persons
194 Appointing authorised persons. . . . . . . . . . . . . . . . . . . . . . . . . . . 165
195 End of appointment of authorised persons. . . . . . . . . . . . . . . . . . 166
196 Identity card for authorised persons . . . . . . . . . . . . . . . . . . . . . . . 166
197 Authorised persons must disclose change in criminal history . . . 167
198 Chief executive officer may obtain report from police
commissioner .................................. 167
199 Use of criminal history information . . . . . . . . . . . . . . . . . . . . . . . . 167
Chapter 7 Other provisions
Part 1 Way to hold a hearing
200 What this part is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168
201 Procedures at hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168
202 Witnesses at hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169
203 Contempt at hearing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170
Part 2 Superannuation
204 What this part is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171
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205 Super scheme for councillors . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171
206 Superannuation scheme for council employees and associated
persons ....................................... 171
207 Super schemes to be audited by auditor-general. . . . . . . . . . . . . 172
Part 3 Allocating Commonwealth funding to council
208 Allocating Commonwealth funding . . . . . . . . . . . . . . . . . . . . . . . . 172
209 Decisions under this division are not subject to appeal . . . . . . . . 173
Part 4 Legal provisions
210 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . 173
211 Administrators who act honestly and without negligence are
protected from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174
212 Who is authorised to sign council documents . . . . . . . . . . . . . . . 176
213 Name in proceedings by or against council . . . . . . . . . . . . . . . . . 176
214 Service of documents on council . . . . . . . . . . . . . . . . . . . . . . . . . 176
215 Substituted service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176
216 Local government related laws requiring a statement of a law. . . 177
217 Acting for council in legal proceedings . . . . . . . . . . . . . . . . . . . . . 177
218 Attempt to commit offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178
219 Types of offences under this Act. . . . . . . . . . . . . . . . . . . . . . . . . . 178
220 Time to start proceedings in a summary way. . . . . . . . . . . . . . . . 179
221 Decisions not subject to appeal . . . . . . . . . . . . . . . . . . . . . . . . . . 179
222 Judges and other office holders not disqualified from
adjudicating ............................... 180
223 Where fines are to be paid to . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180
224 Evidence of local laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180
225 Evidence of proceedings of council . . . . . . . . . . . . . . . . . . . . . . . 181
226 Evidentiary value of copies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182
227 Evidentiary value of certificates . . . . . . . . . . . . . . . . . . . . . . . . . . 182
228 Evidence of directions given to council. . . . . . . . . . . . . . . . . . . . . 182
229 Evidence of complainant's knowledge of matter . . . . . . . . . . . . . 183
230 Constitution and limits of council need not be proved . . . . . . . . . 183
Part 5 Delegation of powers
231 Delegation of Minister's powers . . . . . . . . . . . . . . . . . . . . . . . . . . 183
232 Delegation of department's chief executive's powers . . . . . . . . . . 183
233 Delegation of council powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183
234 Delegation of chief executive officer's powers . . . . . . . . . . . . . . . 184
235 Council delegations register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184
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Part 6 Other provisions
236 Public office of the council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185
237 Powers in support of responsibilities . . . . . . . . . . . . . . . . . . . . . . 185
238 Validity of council proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . 185
239 Requirements for particular guidelines. . . . . . . . . . . . . . . . . . . . . 186
240 Insurance to cover councillors . . . . . . . . . . . . . . . . . . . . . . . . . . . 187
241 Special entertainment precincts . . . . . . . . . . . . . . . . . . . . . . . . . . 187
242 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188
243 Review of this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188
244 Process for administrative action complaints . . . . . . . . . . . . . . . . 188
245 Information for the Minister. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189
246 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189
Chapter 8 Repeal, transitional and savings provisions
Part 1 Repeals
247 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190
Part 2 Transitional and savings provisions
248 What this part is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191
249 Brisbane City Council continued . . . . . . . . . . . . . . . . . . . . . . . . . 191
250 Local laws. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191
251 Decisions under repealed Acts. . . . . . . . . . . . . . . . . . . . . . . . . . . 192
252 Established malls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192
253 Proceedings and evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193
254 Super trust deed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193
255 Registers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193
256 References to repealed Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193
257 Transitional provisions for elections . . . . . . . . . . . . . . . . . . . . . . . 194
258 Transitional regulation-making power . . . . . . . . . . . . . . . . . . . . . . 194
Chapter 9 Amendment of Acts
Part 1 Amendment of Electrical Safety Act 2002
259 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195
260 Amendment of s 192A (Definitions for div 2A) . . . . . . . . . . . . . . . 195
Part 2 Amendment of Information Privacy Act 2009
261 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196
262 Replacement of s 211 (Acts and practices authorised before
commencement). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196
211 Acts and practices authorised before relevant date . . 196
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Part 3 Amendment of Local Government Act 2009
263 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197
264 Amendment of s 2 (Commencement) . . . . . . . . . . . . . . . . . . . . . 197
265 Replacement of s 5 (How this Act applies to the Brisbane City
Council) ...................................... 197
5 Relationship with City of Brisbane Act 2010. . . . . . . . 197
266 Amendment of s 12 (Responsibilities of councillors) . . . . . . . . . . 197
267 Amendment of s 13 (Responsibilities of local government
employees) .................................... 198
268 Amendment of s 14 (What this part is about) . . . . . . . . . . . . . . . . 198
269 Replacement of s 16 (Review of divisions of local government
areas) ....................................... 198
16 Review of divisions of local government areas. . . . . . 199
270 Amendment of s 23 (Casual commissioners). . . . . . . . . . . . . . . . 199
271 Amendment of s 25 (Annual report of change commission) . . . . 199
272 Amendment of s 29 (Local law making process) . . . . . . . . . . . . . 199
273 Amendment of s 38 (Anti-competitive provisions) . . . . . . . . . . . . 200
274 Replacement of ch 3, pt 2, hdg (Business enterprises and
activities) ..................................... 201
275 Amendment of s 40 (Conducting beneficial enterprises) . . . . . . . 201
276 Amendment of s 45 (Identifying significant business activities) . . 203
277 Amendment of s 47 (Code of competitive conduct) . . . . . . . . . . . 203
278 Amendment of s 48 (Competitive neutrality complaints) . . . . . . . 203
279 Amendment of s 52 (When a corporate entity is not to
indemnify employees). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204
280 Insertion of new s 58A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204
58A Application of other Acts to a corporate entity . . . . . . 204
281 Insertion of new ch 3, pt 3, div 3. . . . . . . . . . . . . . . . . . . . . . . . . . 205
Division 3 Malls
80A Malls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205
282 Amendment of s 95 (Overdue rates and charges are a charge
over land) ..................................... 206
283 Amendment of s 97 (Cost-recovery fees). . . . . . . . . . . . . . . . . . . 206
284 Amendment of s 99 (Fees on occupiers of land below the
high-water mark) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 206
285 Amendment of s 105 (Auditing, including internal auditing) . . . . . 207
286 Replacement of s 108 (Misappropriation offence applies) . . . . . . 207
108 What this part is about . . . . . . . . . . . . . . . . . . . . . . . . 207
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Contents
287 Amendment of s 113 (What this part is about) . . . . . . . . . . . . . . . 207
288 Amendment of s 115 (Gathering information) . . . . . . . . . . . . . . . 208
289 Amendment of s 116 (Acting on the information gathered) . . . . . 208
290 Amendment of s 118 (Financial controllers) . . . . . . . . . . . . . . . . . 208
291 Amendment of s 121 (Removing unsound decisions) . . . . . . . . . 209
292 Amendment of s 135 (General powers after entering a
property) ................................... 209
293 Amendment of s 138 (What this division is about) . . . . . . . . . . . . 209
294 Amendment of s 143 (Entry by a local government worker, with
reasonable written notice, to take materials) . . . . . . . . . . . . . . . . 210
295 Replacement of ch 5, pt 2, div 3 (Offences) . . . . . . . . . . . . . . . . . 210
Part 3 Investigation of local government records
Division 1 Introduction
148A What this part is about . . . . . . . . . . . . . . . . . . . . . . . . 211
Division 2 Investigations by department
148B Producing authorised officer's identity card . . . . . . . . 211
148C Making of inquiries for department . . . . . . . . . . . . . . . 211
148D Power to require information or document for
department investigation . . . . . . . . . . . . . . . . . . . . . . 212
Division 3 Investigations by local government
148E Producing authorised person's identity card. . . . . . . . 213
148F Making of inquiries for local government . . . . . . . . . . 213
148G Power to require information or document for local
government investigation . . . . . . . . . . . . . . . . . . . . . . 214
148H Referral to department . . . . . . . . . . . . . . . . . . . . . . . . 215
148I Chief executive officer not subject to direction . . . . . . 215
Part 4 Offences
149 Obstructing enforcement of Local Government Acts
etc. ................................. 216
150 Impersonating authorised persons and authorised
officers .............................. 217
150A Duty to make documents available. . . . . . . . . . . . . . . 217
296 Amendment of s 168 (Senior councillors and full-time
government jobs) ............................... 217
297 Amendment of s 170 (Giving directions to local government
staff) ......................................... 218
298 Insertion of new ss 170A and 170B . . . . . . . . . . . . . . . . . . . . . . . 218
170A Requests for help or advice . . . . . . . . . . . . . . . . . . . . 218
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Contents
170B Inspection of records by councillors . . . . . . . . . . . . . . 219
299 Amendment of s 171 (Use of information by councillors) . . . . . . . 220
300 Amendment of s 172 (Councillor's material personal interest at
a meeting) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 220
301 Amendment of s 175 (Post-election meetings). . . . . . . . . . . . . . . 221
302 Amendment of s 176 (What this division is about) . . . . . . . . . . . . 221
303 Amendment of s 177 (Assessing complaints) . . . . . . . . . . . . . . . 222
304 Amendment of s 180 (Taking disciplinary action) . . . . . . . . . . . . . 222
305 Amendment of s 181 (Inappropriate conduct) . . . . . . . . . . . . . . . 222
306 Amendment of s 184 (Members of tribunal) . . . . . . . . . . . . . . . . . 223
307 Amendment of s 197 (Disciplinary action against local
government employees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 223
308 Amendment of s 200 (Improper use of information by local
government employees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 223
309 Insertion of new ss 204A to 204C . . . . . . . . . . . . . . . . . . . . . . . . 224
204A Authorised persons must disclose change in
criminal history ........................ 224
204B Chief executive officer may obtain report from police
commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 224
204C Use of criminal history information . . . . . . . . . . . . . . . 225
310 Insertion of new ch 6, part 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . 226
Part 6A Authorised officers for the department
204D Appointing authorised officers . . . . . . . . . . . . . . . . . . 226
204E End of appointment of authorised officers . . . . . . . . . 226
204F Identity card for authorised officers . . . . . . . . . . . . . . 227
311 Amendment of s 209 (Board's responsibilities) . . . . . . . . . . . . . . 227
312 Amendment of s 210 (Board of directors) . . . . . . . . . . . . . . . . . . 227
313 Amendment of s 218 (Members of LG super scheme) . . . . . . . . 227
314 Amendment of s 226 (Super scheme for councillors). . . . . . . . . . 228
315 Amendment of s 231 (Members of grants commission) . . . . . . . . 228
316 Amendment of s 235 (Administrators who act honestly and
without negligence are protected from liability) . . . . . . . . . . . . . . 228
317 Amendment of s 236 (Who is authorised to sign local
government documents). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228
318 Amendment of s 239 (Substituted service) . . . . . . . . . . . . . . . . . 229
319 Insertion of new s 239A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 229
239A Local Government Acts requiring a statement of a
law ................................. 229
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City of Brisbane Bill 2010
Contents
320 Amendment of s 257 (Delegation of local government powers). . 229
321 Amendment of s 260 (Local government delegations register) . . 230
322 Amendment of s 262 (Powers in support of responsibilities) . . . . 230
323 Amendment of s 270 (Regulation-making power) . . . . . . . . . . . . 230
324 Amendment of s 281 (Remuneration schedule) . . . . . . . . . . . . . . 231
325 Amendment of s 284 (Continuation of electoral and related
provisions) .................................... 231
326 Amendment of s 287 (Local Government Association) . . . . . . . . 231
327 Renumbering of s 288 (Repeal) . . . . . . . . . . . . . . . . . . . . . . . . . . 232
328 Insertion of new s 288 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 232
288 Continuing casual commissioners . . . . . . . . . . . . . . . 232
329 Amendment of sch 1 (Acts amended) . . . . . . . . . . . . . . . . . . . . . 232
330 Omission of sch 3 (Comparative terms for the Brisbane City
Council) ...................................... 236
331 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 236
Part 4 Amendment of Right to Information Act 2009
332 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 239
333 Amendment of s 21 (Requirement for publication scheme) . . . . . 239
334 Amendment of sch 3 (Exempt information) . . . . . . . . . . . . . . . . . 239
Part 5 Amendment of Workplace Health and Safety Act 1995
335 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 241
336 Amendment of s 170 (Definitions for div 3) . . . . . . . . . . . . . . . . . 242
Part 6 Amendment of other Acts
337 Minor and consequential amendments . . . . . . . . . . . . . . . . . . . . 242
Schedule 1 Minor and consequential amendments . . . . . . . . . . . . . . . . . . 243
Amendments of this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 243
Aboriginal Land Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 243
Airport Assets (Restructuring and Disposal) Act 2008 . . . . . . . . . 244
Brisbane River Tidal Lands Improvement Act 1927 . . . . . . . . . . . 244
Building Units and Group Titles Act 1980. . . . . . . . . . . . . . . . . . . 244
Electoral Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 244
Fair Trading Act 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 245
Fair Work (Commonwealth Powers) and Other Provisions Act
2009 ......................................... 245
Fire and Rescue Service Act 1990. . . . . . . . . . . . . . . . . . . . . . . . 245
Industrial Development Act 1963 . . . . . . . . . . . . . . . . . . . . . . . . . 246
Industrial Relations Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246
Page 14
City of Brisbane Bill 2010
Contents
Judicial Review Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 247
Land Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 247
Libraries Act 1988 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 247
Metropolitan Water Supply and Sewerage Act 1909 . . . . . . . . . . 248
National Trust of Queensland Act 1963 . . . . . . . . . . . . . . . . . . . . 248
Public Sector Ethics Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . 248
Racing Venues Development Act 1982 . . . . . . . . . . . . . . . . . . . . 249
South Bank Corporation Act 1989 . . . . . . . . . . . . . . . . . . . . . . . . 249
Urban Land Development Authority Act 2007 . . . . . . . . . . . . . . . 250
Valuation of Land Act 1944 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250
Schedule 2 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252
Page 15
2010
A Bill
for
An Act to provide a system of local government in the City of
Brisbane, to amend the Electrical Safety Act 2002, the
Information Privacy Act 2009, the Local Government Act 2009,
the Right to Information Act 2009 and the Workplace Health and
Safety Act 1995 for particular purposes and to make minor or
consequential amendments of the Aboriginal Land Act 1991,
the Airport Assets (Restructuring and Disposal) Act 2008, the
Brisbane River Tidal Lands Improvement Act 1927, the Building
Units and Group Titles Act 1980, the Electoral Act 1992, the Fair
Trading Act 1989, the Fair Work (Commonwealth Powers) and
Other Provisions Act 2009, the Fire and Rescue Service Act
1990, the Industrial Development Act 1963, the Industrial
Relations Act 1999, the Judicial Review Act 1991, the Land Act
1994, the Libraries Act 1988, the Metropolitan Water Supply and
Sewerage Act 1909, the National Trust of Queensland Act 1963,
the Public Sector Ethics Act 1994, the Racing Venues
Development Act 1982, the South Bank Corporation Act 1989,
the Urban Land Development Authority Act 2007 and the
Valuation of Land Act 1944
City of Brisbane Bill 2010
Chapter 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Chapter 1 Preliminary 2
1 Short title 3
This Act may be cited as the City of Brisbane Act 2010. 4
2 Commencement 5
(1) This Act, other than the following, commences on 1 July 6
2010-- 7
(a) section 329; 8
(b) schedule 1, amendments of this Act. 9
(2) Schedule 1, amendments of this Act, commences on 2 July 10
2010. 11
3 Purpose of this Act 12
(1) The purpose of this Act is to provide for-- 13
(a) the way in which the Brisbane City Council is 14
constituted and the unique nature and extent of its 15
responsibilities and powers; and 16
(b) a system of local government in Brisbane that is 17
accountable, effective, efficient and sustainable. 18
(2) Compared to other local governments in Queensland, the 19
council is unique in its nature and the extent of its 20
responsibilities and powers for the following reasons-- 21
(a) Brisbane is the capital city of Queensland; 22
(b) the council is the largest provider of local government 23
services in Queensland; 24
Page 18
City of Brisbane Bill 2010
Chapter 1 Preliminary
[s 4]
(c) there are 26 councillors (other than the mayor) who each 1
represent the interests of the residents of a ward; 2
(d) the mayor has unique responsibilities as the mayor of a 3
capital city; 4
(e) the council has an Establishment and Coordination 5
Committee that coordinates its business; 6
(f) the chairperson of the council presides at all of its 7
meetings and is responsible for ensuring its rules of 8
procedure are observed and enforced. 9
4 Local government principles underpin this Act 10
(1) To ensure the system of local government in Brisbane is 11
accountable, effective, efficient and sustainable, Parliament 12
requires-- 13
(a) anyone who is performing a responsibility under this 14
Act to do so in accordance with the local government 15
principles; and 16
(b) any action that is taken under this Act to be taken in a 17
way that-- 18
(i) is consistent with the local government principles; 19
and 20
(ii) provides results that are consistent with the local 21
government principles, in as far as the results are 22
within the control of the person who is taking the 23
action. 24
(2) The local government principles are-- 25
(a) transparent and effective processes, and 26
decision-making in the public interest; and 27
(b) sustainable development and management of assets and 28
infrastructure, and delivery of effective services; and 29
(c) democratic representation, social inclusion and 30
meaningful community engagement; and 31
(d) good governance of, and by, local government; and 32
Page 19
City of Brisbane Bill 2010
Chapter 2 Brisbane City Council
Part 1 City of Brisbane
[s 5]
(e) ethical and legal behaviour of councillors and council 1
employees. 2
5 Relationship with Local Government Act 3
(1) Although the Brisbane City Council is a local government, 4
this Act, rather than the Local Government Act, provides 5
for-- 6
(a) the way in which the Brisbane City Council is 7
constituted and the nature and extent of its 8
responsibilities and powers; and 9
(b) a system of local government in Brisbane. 10
(2) The Local Government Act does not apply to the Brisbane 11
City Council or its councillors, employees, agents or 12
contractors or to corporate entities of the council. 13
6 Definitions 14
The dictionary in schedule 2 defines particular words used in 15
this Act. 16
Chapter 2 Brisbane City Council 17
Part 1 City of Brisbane 18
7 City of Brisbane 19
(1) The area of Brisbane continues to be a city under the name 20
`City of Brisbane'. 21
(2) The boundaries of Brisbane are the boundaries of the city 22
immediately before 1 July 2010 and as subsequently varied 23
under this Act. 24
Page 20
City of Brisbane Bill 2010
Chapter 2 Brisbane City Council
Part 2 Council constitution, responsibilities and powers
[s 8]
(3) Brisbane is the capital city of Queensland. 1
(4) A regulation may describe the boundaries of Brisbane. 2
Part 2 Council constitution, 3
responsibilities and powers 4
8 What this part is about 5
This part explains-- 6
(a) what the Brisbane City Council is; and 7
(b) who constitutes the council; and 8
(c) the responsibilities and powers of the council, its 9
councillors and its employees. 10
9 The Brisbane City Council's responsibility for Brisbane 11
The Brisbane City Council (the council) is the elected body 12
that is responsible for the good rule and local government of 13
Brisbane. 14
10 Brisbane City Council is a body corporate 15
The council-- 16
(a) is a body corporate with perpetual succession; and 17
(b) has a common seal; and 18
(c) may sue and be sued, and otherwise exercise its powers, 19
under the name `Brisbane City Council'. 20
Page 21
City of Brisbane Bill 2010
Chapter 2 Brisbane City Council
Part 2 Council constitution, responsibilities and powers
[s 11]
11 Powers of council generally 1
(1) The council has the power to do anything that is necessary or 2
convenient for the good rule and local government of 3
Brisbane. 4
Note-- 5
Also, see section 237 for more information about powers. 6
(2) However, the council can only do something that the State can 7
validly do. 8
(3) When exercising a power, the council may take account of 9
Aboriginal tradition and Island custom. 10
(4) The council may exercise its powers-- 11
(a) inside Brisbane; or 12
(b) outside Brisbane (including outside Queensland)-- 13
(i) with the written approval of the Minister; or 14
(ii) as provided under section 12(5). 15
(5) When the council is exercising a power in a place that is 16
outside Brisbane, the council has the same jurisdiction in the 17
place as if the place were inside Brisbane. 18
12 Power includes power to conduct joint government 19
activities 20
(1) The council may exercise its powers by cooperating with 1 or 21
more other local, State or Commonwealth government to 22
conduct a joint government activity. 23
(2) A joint government activity includes providing a service, or 24
operating a facility, that involves the other governments. 25
(3) The cooperation with another government may take any form, 26
including for example-- 27
(a) entering into an agreement; or 28
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City of Brisbane Bill 2010
Chapter 2 Brisbane City Council
Part 2 Council constitution, responsibilities and powers
[s 13]
(b) creating a joint local government entity, or joint 1
government entity, to oversee the joint government 2
activity. 3
(4) A joint government activity may be set up for more than 1 4
purpose. 5
Example-- 6
Three local governments may create a joint local government entity to 7
manage an aerodrome that services each of their local government 8
areas, and may also enter into an agreement to sell water in bulk to one 9
of the local governments. 10
(5) The council may exercise a power in another government's 11
area for the purposes of a joint government activity, in the way 12
agreed by the governments. 13
(6) However, if the power is to be exercised under a local law, the 14
local law must expressly state that it applies to the other 15
government's area. 16
Note-- 17
See section 30 for more information about making local laws. 18
13 Who the council is constituted by 19
(1) Usually, the council is constituted by the mayor and 26 other 20
councillors who are elected or appointed to the council under 21
this Act or the Electoral Act. 22
(2) However, if there are no councillors for any reason, the 23
council is constituted by its chief executive officer. 24
14 Responsibilities of councillors 25
(1) A councillor must represent the current and future interests of 26
the residents of Brisbane. 27
(2) All councillors have the same responsibilities, but the mayor 28
has some extra responsibilities. 29
(3) All councillors have the following responsibilities-- 30
(a) ensuring the council-- 31
Page 23
City of Brisbane Bill 2010
Chapter 2 Brisbane City Council
Part 2 Council constitution, responsibilities and powers
[s 14]
(i) discharges its responsibilities under this Act; and 1
(ii) achieves its corporate and community plans; and 2
(iii) complies with all laws that apply to the council; 3
(b) providing high quality leadership to the council and the 4
community; 5
(c) participating, for the benefit of Brisbane, in-- 6
(i) meetings of the council; and 7
(ii) policy development and decision making about 8
matters being considered at a meeting of the 9
council; 10
(d) being accountable to the community for the council's 11
performance; 12
(e) complying with the BCC councillors code of conduct. 13
(4) The mayor has the following extra responsibilities-- 14
(a) implementing the policies adopted by the council; 15
(b) developing and implementing policies, other than 16
policies that conflict with policies adopted by the 17
council; 18
(c) leading and controlling the business of the council; 19
(d) preparing a budget to present to the council; 20
(e) leading, managing, and providing strategic direction to 21
the chief executive officer in order to achieve high 22
quality administration of the council; 23
(f) ensuring that the council promptly provides the Minister 24
with the information about Brisbane, or the council, that 25
is requested by the Minister; 26
(g) arranging representation of the council at ceremonial or 27
civic functions; 28
(h) directing the chief executive officer and senior contract 29
employees of the council. 30
Page 24
City of Brisbane Bill 2010
Chapter 2 Brisbane City Council
Part 2 Council constitution, responsibilities and powers
[s 15]
(5) When performing a responsibility, a councillor must serve the 1
overall public interest of the whole of Brisbane. 2
15 Responsibilities of council employees 3
(1) All employees of the council have the following 4
responsibilities-- 5
(a) implementing the policies and priorities of the council 6
in a way that promotes-- 7
(i) the effective, efficient and economical 8
management of public resources; and 9
(ii) excellence in service delivery; and 10
(iii) continual improvement; 11
(b) carrying out their duties in a way that ensures the 12
council-- 13
(i) discharges its responsibilities under this Act; and 14
(ii) complies with all laws that apply to the council; 15
and 16
(iii) achieves its corporate and community plans; 17
(c) providing sound and impartial advice to the council; 18
(d) carrying out their duties impartially and with integrity; 19
(e) ensuring their personal conduct does not reflect 20
adversely on the reputation of the council; 21
(f) improving all aspects of their work performance; 22
(g) observing all laws relating to their employment; 23
(h) observing the ethics principles under the Public Sector 24
Ethics Act 1994, section 4; 25
(i) complying with a code of conduct under the Public 26
Sector Ethics Act 1994. 27
(2) The chief executive officer has the following extra 28
responsibilities-- 29
Page 25
City of Brisbane Bill 2010
Chapter 2 Brisbane City Council
Part 2 Council constitution, responsibilities and powers
[s 15]
(a) managing the council in a way that promotes-- 1
(i) the effective, efficient and economical 2
management of public resources; and 3
(ii) excellence in service delivery; and 4
(iii) continual improvement; 5
(b) managing the other council employees through 6
management practices that-- 7
(i) promote equal employment opportunities; and 8
(ii) are responsive to the council's policies and 9
priorities; 10
(c) establishing and implementing goals and practices in 11
accordance with the policies and priorities of the 12
council; 13
(d) establishing and implementing practices about access 14
and equity to ensure members of the community have 15
access to-- 16
(i) council programs; and 17
(ii) appropriate avenues for reviewing council 18
decisions; 19
(e) the safe custody of-- 20
(i) all records about the proceedings, accounts or 21
transactions of the council or its committees; and 22
(ii) all documents owned or held by the council; 23
(f) complying with particular requests under section 166 24
from councillors. 25
Page 26
City of Brisbane Bill 2010
Chapter 2 Brisbane City Council
Part 3 Wards of Brisbane
[s 16]
Part 3 Wards of Brisbane 1
16 What this part is about 2
This part is about the number of electors that are to be in each 3
ward of Brisbane to ensure democratic representation. 4
17 Wards of Brisbane 5
(1) Brisbane is divided into 26 areas called wards. 6
(2) A regulation may describe the boundaries of any ward of 7
Brisbane. 8
(3) Each ward of Brisbane must have a reasonable proportion of 9
electors. 10
(4) A reasonable proportion of electors is the number of electors 11
that is worked out by dividing the total number of electors in 12
Brisbane (as nearly as can be found out) by the number of 13
councillors (other than the mayor), plus or minus 10%. 14
Example-- 15
If the total number of electors in Brisbane is 1500000, and the number 16
of councillors (other than the mayor) is 5, the reasonable proportion of 17
electors is 300000 (i.e. 1500000 divided by 5) plus or minus 10%, i.e. 18
between 270000 and 330000 electors. 19
(5) When changing the wards of Brisbane, the reasonable 20
proportion of electors must be worked out as near as 21
practicable to the time when the change is to happen. 22
18 Review of wards of Brisbane 23
The council must, no later than 1 October in the year that is 2 24
years before the year of the quadrennial elections-- 25
(a) review whether each of the wards of Brisbane has a 26
reasonable proportion of electors; and 27
(b) give the electoral commissioner and the Minister written 28
notice of the results of the review. 29
Page 27
City of Brisbane Bill 2010
Chapter 2 Brisbane City Council
Part 4 Changing Brisbane area or representation
[s 19]
Part 4 Changing Brisbane area or 1
representation 2
Division 1 Introduction 3
19 What this part is about 4
(1) This part is about making a boundary change. 5
(2) A boundary change is a change of the boundaries of Brisbane 6
or any ward of Brisbane. 7
(3) In summary, the process for making a boundary change is as 8
follows-- 9
· assessment--the change commission assesses whether a 10
proposed boundary change is in the public interest 11
· implementation--the Governor in Council implements 12
the boundary change under a regulation. 13
(4) The change commission, which conducts the assessment 14
phase of the process, is an independent body created under the 15
Local Government Act. 16
Division 2 The process for change 17
20 Who may start the change process 18
For a boundary change-- 19
(a) the council; or 20
(b) the Minister; or 21
(c) the electoral commission; 22
may apply to the change commission to assess whether the 23
change should be made. 24
Page 28
City of Brisbane Bill 2010
Chapter 2 Brisbane City Council
Part 4 Changing Brisbane area or representation
[s 21]
21 Assessment 1
(1) The change commission is responsible for assessing whether a 2
proposed boundary change is in the public interest. 3
(2) In doing so, the change commission must consider-- 4
(a) whether the proposed boundary change is consistent 5
with a local government related law; and 6
(b) the views of the Minister about the proposed boundary 7
change; and 8
(c) any other matters prescribed under a regulation. 9
(3) The change commission may conduct its assessment in any 10
way that it considers appropriate. 11
(4) However, as a minimum, the change commission must-- 12
(a) ask for submissions from any local government that 13
would be affected by the proposed boundary change; 14
and 15
(b) hold a public hearing (in the way set out in chapter 7, 16
part 1) to ask the public for its views about the proposed 17
boundary change. 18
(5) The change commission must let the public know the results 19
of its assessment and the reasons for the results, by publishing 20
notice of the results-- 21
(a) in a newspaper that is circulating generally in Brisbane; 22
and 23
(b) in the gazette; and 24
(c) on the electoral commission's website. 25
(6) The change commission must also give the results of its 26
assessment to the Minister. 27
(7) The change commission may recommend that the Governor in 28
Council implement the change commission's assessment. 29
Page 29
City of Brisbane Bill 2010
Chapter 2 Brisbane City Council
Part 4 Changing Brisbane area or representation
[s 22]
22 Implementation 1
(1) The Governor in Council may implement the change 2
commission's recommendation under a regulation. 3
(2) The regulation may provide for anything that is necessary or 4
convenient to facilitate the implementation of the boundary 5
change. 6
(3) For example, the regulation may provide for-- 7
(a) holding or postponing a council election; or 8
(b) the transfer of assets and liabilities between the council 9
and another local government. 10
(4) The council is not liable to pay a State tax in relation to a 11
transfer or other arrangement made to implement a boundary 12
change. 13
(5) A State tax is a tax, charge, fee or levy imposed under an Act, 14
other than a duty under the Duties Act 2001. 15
23 Decisions under this division are not subject to appeal 16
A decision of the change commission under this division is 17
not subject to appeal. 18
Note-- 19
See section 221 for more information. 20
Page 30
City of Brisbane Bill 2010
Chapter 3 The business of the council
Part 1 Statutory committees and council meetings
[s 24]
Chapter 3 The business of the council 1
Part 1 Statutory committees and 2
council meetings 3
Division 1 Statutory committees of the council 4
24 Establishment and Coordination Committee 5
(1) The standing committee of the council called the 6
Establishment and Coordination Committee is continued as a 7
statutory committee of the council. 8
(2) The committee coordinates the business of the council. 9
(3) The committee consists of the mayor and all committee 10
chairpersons of the standing committees of the council. 11
(4) Only a councillor may be a member of the committee. 12
(5) The mayor is the chairperson of the committee. 13
(6) The committee is collectively responsible to the council. 14
Note-- 15
Under the Right to Information Act 2009 (the RTI Act), schedule 3, 16
section 4A, particular information relating to the committee is exempt 17
information. Accordingly, access to that information may be 18
refused--see section 47(3)(a) of the RTI Act. However, despite the 19
council being able, under that section, to refuse access, the council may 20
decide to give access--see section 48(3) of the RTI Act. 21
Page 31
City of Brisbane Bill 2010
Chapter 3 The business of the council
Part 1 Statutory committees and council meetings
[s 25]
Division 2 Meetings of the council or its 1
committees 2
25 Chairperson of the council 3
(1) The council must, by resolution, appoint a chairperson of the 4
council from its councillors (other than the mayor or deputy 5
mayor) at the first meeting after the office of the chairperson 6
becomes vacant. 7
(2) The chairperson of the council presides at all meetings of the 8
council and is responsible for ensuring its rules of procedure 9
are observed and enforced. 10
Note-- 11
The chairperson of the council also has powers under section 180 in 12
relation to inappropriate conduct by councillors in meetings of the 13
council. 14
(3) However, the chairperson of the council does not preside at 15
meetings of committees of the council. 16
Note-- 17
A committee chairperson presides at meetings of a committee of the 18
council. 19
(4) The rules of procedure are, under a local law, the rules 20
decided by council for the conduct of the participants at 21
meetings of the council. 22
26 Mayor as member of standing committees of the council 23
(1) The mayor is a member of all standing committees of the 24
council. 25
(2) The mayor may, at the mayor's discretion, attend, participate 26
in or vote at any meeting of a standing committee of the 27
council. 28
Page 32
City of Brisbane Bill 2010
Chapter 3 The business of the council
Part 2 Local laws
[s 27]
Part 2 Local laws 1
Division 1 Introduction 2
27 What this part is about 3
(1) This part is about local laws. 4
(2) A local law is a law made by the council. 5
(3) Unless there is a contrary intention, a reference in this Act to a 6
local law includes a reference to-- 7
(a) an interim local law; and 8
(b) a subordinate local law; and 9
(c) a local law that is an adopted model local law. 10
(4) An interim local law is a local law that has effect for 6 months 11
or less. 12
(5) A subordinate local law is a local law that-- 13
(a) is made under a power contained in a local law; and 14
(b) provides for the detailed implementation of the broader 15
principles contained in the local law. 16
(6) A subordinate local law is called that because it is subordinate 17
to the local law under which it is made, so that if there is any 18
inconsistency between the subordinate local law and the local 19
law, the local law prevails to the extent of the inconsistency. 20
(7) A model local law is a local law approved by the Minister 21
under the Local Government Act, section 26(7), as being 22
suitable for adoption by all local governments. 23
28 Interaction with State laws 24
If there is any inconsistency between a local law and a law 25
made by the State, the law made by the State prevails to the 26
extent of the inconsistency. 27
Page 33
City of Brisbane Bill 2010
Chapter 3 The business of the council
Part 2 Local laws
[s 29]
Division 2 Making, recording and reviewing 1
local laws 2
29 Power to make a local law 3
(1) The council may make and enforce any local law that is 4
necessary or convenient for the good rule and local 5
government of Brisbane. 6
(2) However, the council must not make a local law-- 7
(a) that sets a penalty of more than 850 penalty units for 8
each conviction of failing to comply with a local law, 9
including each conviction when there is more than 1 10
conviction for a continuing offence or repeat offence; or 11
(b) that purports to stop a local law being amended or 12
repealed in the future; or 13
(c) about a subject that is prohibited under division 3. 14
30 Local law making process 15
(1) The council may decide its own process for making a local 16
law. 17
(2) However, the process must be consistent with this section. 18
(3) Before making a proposed local law, the council must-- 19
(a) consult with relevant government entities about the 20
overall State interest in the proposed local law; and 21
(b) give the Minister the following-- 22
(i) a copy of the proposed local law; 23
(ii) a drafting certificate for the proposed local law; 24
(iii) information required by the Minister or under a 25
regulation. 26
(4) The council may proceed further in making the proposed local 27
law only if the council satisfies the Minister that-- 28
Page 34
City of Brisbane Bill 2010
Chapter 3 The business of the council
Part 2 Local laws
[s 30]
(a) the overall State interest is satisfactorily dealt with by 1
the proposed local law; and 2
(b) the proposed local law is drafted substantially in 3
accordance with the drafting standards. 4
(5) If the Minister considers the overall State interest would be 5
satisfactorily dealt with by the proposed local law if the 6
council satisfied particular conditions-- 7
(a) the Minister may impose conditions on the council that 8
the Minister considers appropriate; and 9
(b) the council may proceed further in making the proposed 10
local law if it-- 11
(i) satisfies any conditions about the content of the 12
proposed local law; and 13
(ii) agrees to satisfy any other conditions. 14
(6) The council must let the public know that a local law has been 15
made, by publishing a notice of making the local law-- 16
(a) in a newspaper that is circulating generally in Brisbane; 17
and 18
(b) in the gazette; and 19
(c) on the council's website. 20
(7) The notice must be published within 1 month after the day 21
when the council made the resolution to make the local law. 22
(8) The notice must state-- 23
(a) that the notice is made by the council; and 24
(b) the date when the council made the resolution to make 25
the local law; and 26
(c) the name of the local law; and 27
(d) the name of any existing local law that was amended or 28
repealed by the new local law; and 29
(e) if the local law is an adopted model local law--that fact; 30
and 31
Page 35
City of Brisbane Bill 2010
Chapter 3 The business of the council
Part 2 Local laws
[s 31]
(f) if the local law is an interim local law--that fact, and the 1
date on which the interim local law expires; and 2
(g) if the local law is a subordinate local law--the name of 3
the local law that authorises the subordinate local law to 4
be made; and 5
(h) the purpose and general effect of the local law; and 6
(i) if the local law contains an anti-competitive 7
provision--that fact; and 8
(j) that a copy of the local law may be-- 9
(i) inspected and purchased at the council's public 10
office; and 11
(ii) inspected at the department's State office. 12
(9) As soon as practicable after the notice is published in the 13
gazette, the council must ensure a copy of the local law may 14
be inspected and purchased at the council's public office. 15
(10) A copy of a local law must cost no more than the cost to the 16
council of making the copy available for purchase. 17
(11) Within 7 days after the notice is published in the gazette, the 18
council must give the Minister-- 19
(a) a copy of the notice; and 20
(b) a copy of the local law. 21
Note-- 22
See section 40 for the powers of the Minister in relation to a local law 23
that is not made according to this section. 24
31 Expiry of interim local law revives previous law 25
(1) This section applies if-- 26
(a) an interim local law amends or repeals a local law; and 27
(b) the interim local law expires; and 28
(c) the interim local law is not made (either with or without 29
change) as a local law. 30
Page 36
City of Brisbane Bill 2010
Chapter 3 The business of the council
Part 2 Local laws
[s 32]
(2) When the interim local law expires-- 1
(a) the local law is revived in its previous form; and 2
(b) any subordinate local law or provision of a subordinate 3
local law, that stopped having effect because the local 4
law was amended or repealed, is revived in its previous 5
form. 6
(3) The previous form of a local law, subordinate local law, or 7
provision of a subordinate local law is the form it was in 8
immediately before the interim local law commenced. 9
(4) This section does not affect anything that was done or suffered 10
under the interim local law before it expired. 11
(5) This section applies despite the Acts Interpretation Act 1954, 12
section 19. 13
32 Local law register 14
(1) The council must keep a register of its local laws, in the way 15
that is required under a regulation. 16
(2) The council must ensure the public may view the register at its 17
public office or on its website. 18
33 Consolidated versions of local laws 19
(1) The council may prepare and adopt a consolidated version of 20
a local law. 21
(2) A consolidated version of a local law is a document that 22
accurately combines the council's local law, as it was 23
originally made, with all the amendments made to the local 24
law since the local law was originally made. 25
(3) When the council adopts the consolidated version of the local 26
law, the consolidated version is taken to be the local law, in 27
the absence of evidence to the contrary. 28
Page 37
City of Brisbane Bill 2010
Chapter 3 The business of the council
Part 2 Local laws
[s 34]
(4) Within 7 days after the council adopts the consolidated 1
version of the local law, the council must give a copy of the 2
consolidated version to the Minister. 3
34 Regular review of local laws 4
The council must regularly review the provisions of its local 5
laws (including anti-competitive provisions, for example) 6
with a view to ensuring the local laws are relevant to the 7
public interest. 8
Division 3 Local laws that can not be made 9
35 What this division is about 10
This division specifies the subjects that the council must not 11
make a local law about. 12
36 Network connections 13
(1) The council must not make a local law that regulates network 14
connections. 15
(2) A network connection is an installation that has the sole 16
purpose of connecting a home or other structure to an existing 17
telecommunications network. 18
(3) A local law, to the extent that it is contrary to this section, has 19
no effect. 20
37 Election advertising 21
(1) The council must not make a local law that-- 22
(a) prohibits or regulates the distribution of how-to-vote 23
cards; or 24
(b) prohibits the placement of election signs or posters. 25
(2) A how-to-vote card includes a how-to-vote card under the-- 26
Page 38
City of Brisbane Bill 2010
Chapter 3 The business of the council
Part 2 Local laws
[s 38]
(a) Electoral Act; or 1
(b) the provisions of the repealed Local Government Act 2
1993 relating to local government elections that 3
continue in force under the Local Government Act. 4
(3) An election sign or poster is a sign or poster that is able, or is 5
intended, to-- 6
(a) influence a person about voting at any government 7
election; or 8
(b) affect the result of any government election. 9
(4) A government election is an election for a local, State or 10
Commonwealth government. 11
(5) A local law, to the extent that it is contrary to this section, has 12
no effect. 13
38 Development processes 14
(1) The council must not make a local law that establishes an 15
alternative development process. 16
(2) An alternative development process is a process that is 17
similar to or duplicates all or part of a process in the Planning 18
Act, chapter 6. 19
(3) However, if a local law already contains a provision that 20
establishes an alternative development process, the council-- 21
(a) may repeal the provision at any time; and 22
(b) may amend the provision until a new planning scheme 23
comes into effect in Brisbane. 24
(4) This section does not apply to a local law about-- 25
(a) advertising devices; or 26
(b) gates and grids; or 27
(c) levees; or 28
(d) roadside dining; 29
Page 39
City of Brisbane Bill 2010
Chapter 3 The business of the council
Part 2 Local laws
[s 39]
until the council decides (under the Planning Act) to prepare 1
its next planning scheme. 2
(5) A local law, to the extent that it is contrary to this section, has 3
no effect. 4
39 Anti-competitive provisions 5
(1) The council must not make a local law that contains an 6
anti-competitive provision unless the council has complied 7
with the procedures prescribed under a regulation for the 8
review of anti-competitive provisions. 9
(2) A local law, to the extent that it is contrary to this section, has 10
no effect. 11
(3) This section does not apply to an interim local law. 12
Division 4 Action by the Minister about 13
particular local laws 14
40 Suspending or revoking particular local laws 15
(1) This section applies if the Minister reasonably believes a local 16
law is contrary to any other law or inconsistent with the local 17
government principles. 18
(2) The Minister, by gazette notice, may-- 19
(a) suspend the local law, for a specified period or 20
indefinitely; or 21
(b) revoke the local law. 22
(3) The gazette notice must state-- 23
(a) how the local law is contrary to another law or 24
inconsistent with the local government principles; and 25
(b) if the local law has been suspended--how the local law 26
may be amended so that it is no longer contrary to the 27
Page 40
City of Brisbane Bill 2010
Chapter 3 The business of the council
Part 3 Beneficial enterprises and business activities
[s 41]
other law or inconsistent with the local government 1
principles. 2
(4) If the Minister suspends a local law, the local law stops having 3
effect for the period specified in the gazette notice. 4
(5) If the Minister revokes the local law-- 5
(a) the local law stops having effect on the day specified in 6
the gazette notice; or 7
(b) if no day is specified in the gazette notice--the local law 8
is taken to never have had effect. 9
(6) The State is not liable for any loss or expense incurred by a 10
person because a local law is suspended or revoked under this 11
section. 12
(7) A decision of the Minister under this section is not subject to 13
appeal. 14
Note-- 15
See section 221 for more information. 16
Part 3 Beneficial enterprises and 17
business activities 18
Division 1 Beneficial enterprises 19
41 What this division is about 20
(1) This division is about beneficial enterprises that are conducted 21
by the council. 22
(2) This division does not apply to a business unit of the council. 23
(3) A beneficial enterprise is an enterprise that the council 24
considers is directed to benefiting, and can reasonably be 25
expected to benefit, the whole or part of Brisbane. 26
Page 41
City of Brisbane Bill 2010
Chapter 3 The business of the council
Part 3 Beneficial enterprises and business activities
[s 42]
(4) The council is conducting a beneficial enterprise if the 1
council is engaging in, or helping, the beneficial enterprise. 2
42 Conducting beneficial enterprises 3
(1) This section applies if the council wants to conduct a 4
beneficial enterprise. 5
(2) The council must-- 6
(a) consult with-- 7
(i) all council employees who may be directly 8
affected by the beneficial enterprise; or 9
(ii) if nominated by the council employees, an 10
industrial association representing the council 11
employees; and 12
(b) pass a resolution to conduct the beneficial enterprise. 13
(3) An industrial association is an association of employees 14
having as a principal purpose the protection and promotion of 15
their interests in matters concerning their employment. 16
(4) When conducting the beneficial enterprise, the council 17
must-- 18
(a) apply sound financial principles; and 19
(b) comply with the local government related laws. 20
(5) In order to conduct the beneficial enterprise, the council 21
may-- 22
(a) commercially exploit the council's tangible or intangible 23
property rights; or 24
(b) participate with an association, other than by-- 25
(i) being an unlimited partner of a partnership; or 26
(ii) entering into an agreement that does not limit the 27
liability of the council, as between the parties, to 28
the amount committed by the council under the 29
agreement; or 30
Page 42
City of Brisbane Bill 2010
Chapter 3 The business of the council
Part 3 Beneficial enterprises and business activities
[s 43]
(iii) borrowing, or guaranteeing a borrowing. 1
(6) An association is-- 2
(a) a partnership; or 3
(b) a corporation limited by shares but is not listed on a 4
stock exchange; or 5
(c) a corporation limited by guarantee but is not listed on a 6
stock exchange; or 7
(d) another association of persons that is not a corporation. 8
(7) In order to conduct the beneficial enterprise, the council must 9
not, either directly or by participating with an association, 10
participate with an unlimited corporation. 11
(8) An unlimited corporation means a corporation whose 12
members have no limit placed on their liability. 13
(9) The council participates with an association or unlimited 14
corporation if the council-- 15
(a) forms, or takes part in forming, an association or 16
unlimited corporation; or 17
(b) becomes a member of an association or unlimited 18
corporation; or 19
(c) takes part in the management of an association or 20
unlimited corporation; or 21
(d) acquires or disposes of shares, debentures or securities 22
of an association or unlimited corporation. 23
43 Register of beneficial enterprises 24
(1) The council must establish a register that includes a record, 25
for each beneficial enterprise that it conducts, of-- 26
(a) particulars of the purpose to be achieved by conducting 27
the beneficial enterprise; and 28
(b) the identity of any entity with which the council has 29
conducted a beneficial enterprise; and 30
Page 43
City of Brisbane Bill 2010
Chapter 3 The business of the council
Part 3 Beneficial enterprises and business activities
[s 44]
(c) the amount of money, or the market value of property, 1
that the council has committed to a beneficial enterprise, 2
as at the date that the property was committed. 3
(2) The council must ensure the public may view the register at its 4
public office or on its website. 5
(3) The council must give the department's chief executive and 6
the auditor-general written notice of-- 7
(a) the establishment of the register as soon as practicable 8
after it is established; and 9
(b) the making of each entry in the register as soon as 10
practicable after the entry is made. 11
44 Planning for a beneficial enterprise with the private 12
sector 13
(1) This section applies if the council plans to invest in a 14
beneficial enterprise that is to be conducted with the private 15
sector. 16
(2) The council must identify the amount that is to be invested, as 17
a capital expenditure, in the council's budget. 18
(3) If the council does not commit that amount to the beneficial 19
enterprise in the financial year of that budget, the amount may 20
be carried forward to the next financial year for the beneficial 21
enterprise. 22
(4) Any amount that is carried forward must be held in a reserve 23
established by the council in the council's operating fund, 24
until the amount is lawfully applied. 25
(5) A regulation may prescribe the maximum number of years 26
that an amount can be carried forward. 27
(6) The council must get the approval of the department's chief 28
executive before the council may-- 29
(a) invest in a beneficial enterprise when the council has not 30
identified the amount of the investment as a capital 31
expenditure in its budget; or 32
Page 44
City of Brisbane Bill 2010
Chapter 3 The business of the council
Part 3 Beneficial enterprises and business activities
[s 45]
(b) invest in a beneficial enterprise an amount prescribed 1
under a regulation. 2
(7) If the department's chief executive does not give the council 3
written notice of his or her decision about the approval, within 4
30 days after the approval is sought, the department's chief 5
executive is taken to have refused the approval on the 31st day 6
after the approval was sought. 7
(8) If the council fails to comply with this section, the 8
department's chief executive may-- 9
(a) publish notice of the failure in a newspaper that is 10
circulating generally in Brisbane; or 11
(b) direct the council to publish notice of the failure on the 12
council's website. 13
Division 2 Business reform, including 14
competitive neutrality 15
45 What this division is about 16
(1) This division is about the application of the National 17
Competition Policy Agreements in relation to the significant 18
business activities of the council. 19
(2) This includes the application of the competitive neutrality 20
principle if, in the circumstances, the public benefit (in terms 21
of service quality and cost) outweighs the costs of 22
implementation. 23
(3) Under the competitive neutrality principle, an entity that is 24
conducting a business activity in competition with the private 25
sector should not enjoy a net advantage over competitors only 26
because the entity is in the public sector. 27
(4) A significant business activity is a business activity of the 28
council that-- 29
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(a) is conducted in competition, or potential competition, 1
with the private sector (including off-street parking, 2
quarries, sporting facilities, for example); and 3
(b) meets the threshold prescribed under a regulation. 4
(5) However, a significant business activity does not include a 5
business activity that is-- 6
(a) a building certifying activity; or 7
(b) a roads activity; or 8
(c) related to the provision of library services. 9
Note-- 10
A building certifying activity or roads activity is dealt with under 11
section 49. 12
46 Ways to apply the competitive neutrality principle 13
(1) The competitive neutrality principle may be applied by-- 14
(a) commercialisation of a significant business activity; or 15
(b) corporatisation of a significant business activity; or 16
(c) full cost pricing of a significant business activity. 17
(2) Commercialisation involves creating a new business unit, that 18
is part of the council, to conduct the significant business 19
activity on a commercial basis. 20
(3) Corporatisation involves creating a new corporate entity, that 21
is not part of the council but is directly or indirectly owned by 22
the council, to conduct the significant business activity on a 23
commercial basis. 24
(4) Full cost pricing involves pricing the significant business 25
activity on a commercial basis, but without creating a new 26
business unit or new corporate entity. 27
(5) A regulation may provide for-- 28
(a) matters relating to corporatisation, commercialisation or 29
full cost pricing; or 30
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(b) any other matter relating to the application of the 1
competitive neutrality principle to the significant 2
business activities of the council. 3
47 Identifying significant business activities 4
The council's annual report for each financial year must-- 5
(a) contain a list of all the business activities that the 6
council conducted during the financial year; and 7
(b) identify the business activities that are significant 8
business activities; and 9
(c) state whether or not the competitive neutrality principle 10
was applied to the significant business activities, and if 11
the principle was not applied, the reason why it was not 12
applied; and 13
(d) state whether any of the significant business activities 14
were not conducted in the preceding financial year, i.e. 15
whether there are any new significant business 16
activities. 17
48 Assessing public benefit 18
(1) This section applies to a new significant business activity that 19
is identified in the annual report of the council. 20
(2) The council must conduct a public benefit assessment of the 21
new significant business activity. 22
(3) A public benefit assessment is an assessment of whether the 23
benefit to the public (in terms of service quality and cost) of 24
applying the competitive neutrality principle in relation to a 25
significant business activity outweighs the costs of applying 26
the competitive neutrality principle. 27
(4) The council must conduct the public benefit assessment 28
before the end of the financial year in which the significant 29
business activity is first identified in the annual report. 30
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(5) The council must prepare a report on the public benefit 1
assessment that contains its recommendations about the 2
application of the competitive neutrality principle in relation 3
to the significant business activity. 4
(6) At a meeting of the council, the council must-- 5
(a) consider the report; and 6
(b) decide, by resolution, whether or not to apply the 7
competitive neutrality principle in relation to the 8
significant business activity. 9
(7) Any resolution that the competitive neutrality principle should 10
not be applied must include a statement of the reasons why it 11
should not be applied. 12
(8) The council must give the Minister a copy of-- 13
(a) the report; and 14
(b) all resolutions made in relation to the report. 15
(9) If the council decides not to apply the competitive neutrality 16
principle in relation to the significant business activity, the 17
council must, within 3 years after making the decision, repeat 18
the process in this section. 19
(10) Subsection (9) also applies to a decision that was made before 20
the commencement of this section. 21
49 Code of competitive conduct 22
(1) This section is about the code of competitive conduct. 23
(2) The code of competitive conduct is the code of competitive 24
conduct prescribed under a regulation under the Local 25
Government Act. 26
(3) The council must apply the code of competitive conduct to the 27
conduct of the following business activities of the council-- 28
(a) a building certifying activity; 29
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(b) a roads activity, other than a roads activity for which 1
business is conducted only through a sole supplier 2
arrangement. 3
(4) A building certifying activity is a business activity that-- 4
(a) involves performing building certifying functions 5
(within the meaning of the Building Act, section 8); and 6
(b) is prescribed under a regulation. 7
(5) A roads activity is a business activity (other than a business 8
activity prescribed under a regulation) that involves-- 9
(a) constructing or maintaining a State-controlled road, that 10
the State put out to competitive tender; or 11
(b) submitting a competitive tender in relation to-- 12
(i) constructing or maintaining a road in Brisbane, 13
that the council put out to competitive tender; or 14
(ii) constructing or maintaining a road in another local 15
government area, that the other local government 16
put out to competitive tender. 17
(6) The council must start to apply the code of competitive 18
conduct-- 19
(a) for a building certifying activity--from the start of the 20
financial year after the financial year in which the 21
building certifying activity is first conducted; or 22
(b) for a roads activity--from when the roads activity is first 23
conducted. 24
(7) The council must decide each financial year, by resolution, 25
whether or not to apply the code of competitive conduct to a 26
business activity prescribed under a regulation. 27
(8) If the council decides not to apply the code of competitive 28
conduct to the business activity, the resolution must state 29
reasons for not doing so. 30
(9) Subsection (7) does not prevent the council from applying the 31
code of competitive conduct to any other business activities. 32
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50 Competitive neutrality complaints 1
(1) The council must adopt a process for resolving competitive 2
neutrality complaints. 3
(2) A competitive neutrality complaint is a complaint that-- 4
(a) relates to the failure of the council to conduct a business 5
activity in accordance with the competitive neutrality 6
principle; and 7
(b) is made by an affected person. 8
(3) An affected person is-- 9
(a) a person who-- 10
(i) competes with the council in relation to the 11
business activity; and 12
(ii) claims to be adversely affected by a competitive 13
advantage that the person alleges is enjoyed by the 14
council; or 15
(b) a person who-- 16
(i) wants to compete with the council in relation to the 17
business activity; and 18
(ii) claims to be hindered from doing so by a 19
competitive advantage that the person alleges is 20
enjoyed by the council. 21
(4) A regulation may provide for the process for resolving 22
competitive neutrality complaints. 23
(5) The council does not have to resolve a competitive neutrality 24
complaint relating to a business activity prescribed under a 25
regulation. 26
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Division 3 Responsibilities and liabilities of 1
employees of corporate entities 2
51 Director's duty to disclose interest in a matter 3
(1) This section applies if a director on the board of directors of a 4
corporate entity has a direct or indirect interest in a matter that 5
is being considered, or about to be considered, by the board of 6
directors. 7
(2) The director must immediately disclose the nature of the 8
interest to a meeting of the board of directors. 9
Maximum penalty--200 penalty units. 10
(3) The disclosure must be recorded in the minutes of the meeting 11
of the board of directors. 12
(4) If the director's interest is a material personal interest, the 13
director must not-- 14
(a) vote on the matter; or 15
(b) vote on a proposed resolution under subsection (5) in 16
relation to the matter (a related resolution), whether in 17
relation to the director or another director; or 18
(c) be present while the matter, or a related resolution, is 19
being considered by the board of directors; or 20
(d) otherwise take part in any decision of the board of 21
directors in relation to the matter or a related resolution. 22
Maximum penalty--100 penalty units. 23
(5) Subsection (4) does not apply to a matter if the board of 24
directors has, at any time, passed a resolution that-- 25
(a) states the director, the interest and the matter; and 26
(b) states that the directors voting for the resolution are 27
satisfied that the interest should not disqualify the 28
director from considering or voting on the matter. 29
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(6) There is a quorum at the meeting only if there are at least 2 1
directors present who are entitled to vote on any motion that 2
may be moved in relation to the matter. 3
(7) If there is no quorum, the corporate entity's shareholder may 4
deal with the matter by signing a consent to a proposed 5
resolution. 6
52 Obligations of a corporate entity's employees 7
(1) This section applies to an employee of a corporate entity in 8
the exercise of the powers, or discharge of the responsibilities, 9
of an employee of the corporate entity. 10
(2) The employee must exercise the degree of care and diligence 11
that a reasonable person in a like position in another corporate 12
entity would exercise in the circumstances. 13
Maximum penalty--100 penalty units. 14
(3) When deciding the degree of care and diligence that a 15
reasonable person in a like position in another corporate entity 16
would exercise in the circumstances, regard must be had to-- 17
(a) all relevant matters, including for example-- 18
(i) the corporate entity's obligations; and 19
(ii) any directions or approvals given to the corporate 20
entity by its shareholder; and 21
(b) any matter prescribed under a regulation. 22
(4) This section-- 23
(a) applies in addition to, and does not limit, any rule of law 24
relating to the duty or liability of a person because of the 25
person's office in the corporate entity; and 26
(b) does not prevent civil proceedings being started for a 27
breach of the duty or liability. 28
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53 Corporate entity must not insure against certain liabilities 1
of employees 2
(1) A corporate entity must not-- 3
(a) enter into a liability insurance contract; or 4
(b) pay, or agree to pay, a premium in relation to a liability 5
insurance contract. 6
(2) A liability insurance contract is a contract to insure an 7
employee of a corporate entity against any liability that arises 8
out of a wilful breach of duty in relation to the corporate entity 9
(including a contravention of section 52, for example). 10
(3) However, a liability insurance contract does not include a 11
contract to insure an employee of a corporate entity against 12
any costs and expenses that the employee incurs in defending 13
proceedings for a wilful breach of duty in relation to the 14
corporate entity. 15
(4) Pay a premium includes pay a premium indirectly through 1 16
or more interposed entities. 17
(5) An employee of a corporate entity includes a person who was 18
an employee of a corporate entity. 19
(6) Any liability insurance contract that the corporate entity 20
enters into is void. 21
54 When a corporate entity is not to indemnify employees 22
(1) This section applies to a person who is or was an employee of 23
a corporate entity. 24
(2) The corporate entity must not exempt the person from a 25
liability incurred as an employee. 26
(3) However, with the prior approval of the corporate entity's 27
shareholder, the corporate entity may indemnify the person 28
against-- 29
(a) a civil liability, other than a civil liability-- 30
(i) to the corporate entity or its subsidiary; or 31
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(ii) that arises out of conduct involving a lack of good 1
faith; or 2
(b) any costs and expenses incurred by the person-- 3
(i) in successfully defending proceedings for the 4
liability; or 5
(ii) in connection with an application in relation to a 6
proceeding in which relief is granted to the person 7
by a court. 8
(4) Indemnify includes indemnify indirectly through 1 or more 9
interposed entities. 10
(5) A contract is void so far as it exempts or indemnifies an 11
employee of a corporate entity in contravention of this 12
section. 13
55 Prohibition on loans to directors 14
(1) A corporate entity must not, either directly or indirectly, make 15
or guarantee a loan to-- 16
(a) a director; or 17
(b) a director's spouse; or 18
(c) a relative of a director or a director's spouse; 19
unless the agreement for the loan or guarantee is entered into 20
on the same terms as similar agreements are entered into by 21
the corporate entity with members of the public. 22
(2) Guarantee a loan includes provide a security in connection 23
with the loan. 24
(3) A director of the corporate entity who knowingly agrees to the 25
loan or guarantee by the corporate entity in contravention of 26
this section (whether or not in relation to the director) 27
commits an offence. 28
Maximum penalty for subsection (3)--100 penalty units. 29
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56 Duty to prevent insolvent trading 1
(1) This section applies if-- 2
(a) immediately before a corporate entity incurs a debt, 3
there are reasonable grounds to suspect-- 4
(i) that the corporate entity will not be able to pay all 5
its debts as and when they become payable; or 6
(ii) that, if the corporate entity incurs the debt, it will 7
not be able to pay all its debts as and when they 8
become payable; and 9
(b) the corporate entity is, or later becomes, unable to pay 10
all its debts as and when they become payable. 11
(2) The following persons commit an offence-- 12
(a) a person who is a director of the corporate entity's board 13
of directors when the debt is incurred; 14
(b) a person who takes part in the corporate entity's 15
management when the debt is incurred. 16
Maximum penalty--100 penalty units or 1 year's 17
imprisonment. 18
(3) However, it is a defence for the person to prove-- 19
(a) that the debt was incurred without the person's express 20
or implied consent; or 21
(b) that, when the debt was incurred, the person did not 22
have reasonable cause to suspect-- 23
(i) that the corporate entity would not be able to pay 24
all its debts as and when they became payable; or 25
(ii) that, if the corporate entity incurred the debt, it 26
would not be able to pay all its debts as and when 27
they became payable; or 28
(c) that the person took all reasonable steps to prevent the 29
corporate entity from incurring the debt; or 30
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(d) for a director--that the person did not take part in the 1
corporate entity's management at the time because of 2
illness or another good reason. 3
(4) If the person is found guilty of the offence, the Supreme Court 4
or District Court may declare that the person is personally 5
liable to pay a part of the corporate entity's debts that the court 6
considers appropriate in the circumstances. 7
(5) Subsection (4)-- 8
(a) applies in addition to, and does not limit, any rule of law 9
about the duty or liability of a person because of the 10
person's office in the corporate entity; and 11
(b) does not prevent proceedings being instituted for a 12
breach of the duty or liability. 13
(6) However, subsection (4) does not affect any rights of a person 14
to indemnity, subrogation or contribution. 15
57 Order for examination of persons concerned with 16
corporate entities 17
(1) This section applies if the council or the Attorney-General 18
believes, on reasonable grounds, that-- 19
(a) a person may be able to give information about a 20
corporate entity's management, administration or 21
affairs; or 22
(b) a person who has been concerned, or taken part, in a 23
corporate entity's management, administration or affairs 24
has been, or may have been, guilty of fraud or 25
malpractice in relation to the corporate entity. 26
(2) Malpractice includes negligence, default, breach of trust or 27
breach of duty. 28
(3) The council or Attorney-General may apply to the Supreme 29
Court or District Court for an order for the person to be 30
examined by the court about the corporate entity's 31
management, administration or affairs. 32
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(4) If the council makes an application, the council must advise 1
the Attorney-General. 2
(5) If the Attorney-General makes an application, the 3
Attorney-General must advise the council. 4
(6) If the court is satisfied that it is reasonable and appropriate for 5
the person to be examined, the court may order the person to 6
attend before the court at a time and place fixed by the court 7
for examination. 8
(7) The person must-- 9
(a) attend as required by the order, unless the person has a 10
reasonable excuse; and 11
(b) continue to attend until excused by the court, unless the 12
person has a reasonable excuse. 13
Maximum penalty--200 penalty units or 2 years 14
imprisonment. 15
(8) The examination must be held in public, unless the court 16
considers it is desirable to hold the examination in private 17
because of special circumstances. 18
(9) The court may give directions about-- 19
(a) the matters to be inquired into at the examination; and 20
(b) the procedures to be followed at the examination 21
(including the persons who may be at the examination if 22
the examination is to be held in private, for example). 23
58 Examination of persons concerned with corporate 24
entities 25
(1) This section applies to a person who has been ordered, under 26
section 57, to attend an examination. 27
(2) The person must not fail to take an oath or make an 28
affirmation at the examination. 29
Maximum penalty--200 penalty units or 2 years 30
imprisonment. 31
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(3) The person must answer any question that the person is 1
directed by the court to answer. 2
Maximum penalty--200 penalty units or 2 years 3
imprisonment. 4
(4) The person is not excused from answering a question because 5
the answer might tend to incriminate the person or make the 6
person liable to a penalty. 7
(5) However, if the answer might in fact tend to incriminate the 8
person or make the person liable to a penalty, the person's 9
answer is not admissible in evidence against the person in 10
proceedings for an offence or the imposition of a penalty, 11
other than proceedings for an offence-- 12
(a) against this section; or 13
(b) in relation to the falsity of the person's answer. 14
(6) The person must not knowingly make a statement at the 15
examination that is false or misleading in a material 16
particular. 17
Maximum penalty--500 penalty units or 5 years 18
imprisonment. 19
(7) The court may-- 20
(a) require the questions put to the person, and the answers 21
given by the person, at the examination to be recorded in 22
writing; and 23
(b) require the person to sign the record. 24
(8) Subject to subsection (5), a written record of the examination 25
that is signed by the person, or a transcript of the examination 26
that is authenticated by the examiner's signature, may be used 27
in evidence in proceedings against the person. 28
(9) The person may be directed by the court (whether in the order 29
or by a subsequent direction) to produce a document in the 30
person's possession, or under the person's control, that is 31
relevant to the matters about which the person is to be, or is 32
being, examined. 33
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(10) The person must not contravene the direction, unless the 1
person has a reasonable excuse. 2
Maximum penalty--200 penalty units or 2 years 3
imprisonment. 4
(11) If the court directs the person to produce a document and the 5
person has a lien on the document, the production of the 6
document does not prejudice the lien. 7
(12) The person may, at the person's own expense, employ a 8
lawyer, and the lawyer may put to the person questions that 9
the court considers are just to enable the person to explain or 10
qualify any answers given by the person. 11
(13) The court may adjourn the examination from time to time. 12
(14) The court may order the whole or any part of the costs that are 13
incurred by the person to be paid by-- 14
(a) if the application was made by the 15
Attorney-General--the State; or 16
(b) if the application was made by the council--the council. 17
59 Relief from liability for malpractice 18
(1) An employee of a corporate entity may apply to the Supreme 19
Court or District Court for relief against any claim made 20
against the employee for malpractice in relation to the 21
corporate entity. 22
(2) Malpractice includes negligence, default, breach of trust or 23
breach of duty, but does not include fraud. 24
(3) If the court considers-- 25
(a) that the employee has, or may have, been guilty of the 26
malpractice; but 27
(b) that the employee-- 28
(i) acted honestly; and 29
(ii) should be excused for the malpractice, having 30
regard to all the circumstances (including 31
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circumstances connected with the employee's 1
appointment); 2
the court may relieve the employee (in whole or part) from 3
liability for the malpractice, on the terms that the court 4
considers appropriate. 5
(4) If the court makes this decision in proceedings that are being 6
tried with a jury, the court may-- 7
(a) withdraw the case (in whole or part) from the jury; and 8
(b) direct that judgment be entered for the employee on the 9
terms (as to costs or otherwise) that the court considers 10
appropriate. 11
(5) The court may make an order under this section even if 12
proceedings have not yet been brought against the employee 13
for malpractice. 14
60 False or misleading information 15
(1) This section applies to an employee of a corporate entity in 16
the exercise of the powers, and the discharge of the 17
responsibilities, of an employee of the corporate entity. 18
(2) An employee of a corporate entity commits an offence if the 19
employee gives information (either orally or in a document) 20
about the corporate entity's affairs, that the employee knows is 21
false or misleading in a material particular, to any of the 22
following persons-- 23
(a) another employee of the corporate entity; 24
(b) the corporate entity's shareholder; 25
(c) the council; 26
(d) a councillor of the council. 27
Maximum penalty-- 28
(a) if the offence was committed with an intent to 29
defraud--500 penalty units or 5 years imprisonment; or 30
(b) otherwise--100 penalty units. 31
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(3) However, the employee does not commit an offence in 1
relation to information in a document if, when the employee 2
gives the document to the other person-- 3
(a) the employee tells the other person that the document is 4
false or misleading, and in what respect the document is 5
false or misleading; and 6
(b) if the employee has, or can reasonably obtain, the 7
correct information--the employee gives the other 8
person the correct information. 9
61 Application of other Acts to a corporate entity 10
(1) A corporate entity is a unit of public administration under the 11
Crime and Misconduct Act. 12
(2) A corporate entity is a statutory body under the Statutory 13
Bodies Financial Arrangements Act, and part 2B of that Act 14
explains how that Act affects a corporate entity's powers. 15
(3) The provisions of the Auditor-General Act 2009 that apply to 16
the council as a local government also apply to a corporate 17
entity, with any necessary changes, as if-- 18
(a) a reference to a controlled entity were a reference to the 19
corporate entity; and 20
(b) a reference to the appropriate Minister were a reference 21
to the council. 22
(4) The Judicial Review Act 1991 does not apply to a decision of a 23
corporate entity made in carrying out its-- 24
(a) commercial activities; or 25
(b) community service obligations. 26
(5) The Ombudsman Act 2001 does not apply to-- 27
(a) the making of a recommendation to the shareholder of a 28
corporate entity; or 29
(b) a decision about a corporate entity's commercial policy; 30
or 31
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(c) a corporate entity for its activities carried on, on a 1
commercial basis, in competition with a person. 2
Part 4 Roads and other infrastructure 3
Division 1 Roads 4
62 What this division is about 5
(1) This division is about roads. 6
(2) A road is-- 7
(a) an area of land that is dedicated to public use as a road; 8
or 9
(b) an area of land that-- 10
(i) is developed for, or has as 1 of its main uses, the 11
driving or riding of motor vehicles; and 12
(ii) is open to, or used by, the public; or 13
(c) a footpath or bicycle path; or 14
(d) a bridge, culvert, ferry, ford, punt, tunnel or viaduct. 15
(3) However, a road does not include-- 16
(a) a State-controlled road; or 17
(b) a road, or that part of a road, within an airport site under 18
the Airports Act 1996 (Cwlth); or 19
(c) a public thoroughfare easement. 20
63 Control of roads 21
(1) The council has control of all roads in Brisbane. 22
(2) This control includes being able to-- 23
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(a) survey and resurvey roads; and 1
(b) construct, maintain and improve roads; and 2
(c) approve the naming and numbering of private roads; and 3
(d) name and number other roads; and 4
(e) make a local law to regulate the use of roads, 5
including-- 6
(i) the movement of traffic on roads, subject to the 7
Transport Operations (Road Use Management) 8
Act 1995; and 9
(ii) the parking of vehicles on roads, subject to the 10
Transport Operations (Road Use Management) 11
Act 1995 (including the maximum time that a 12
vehicle may be parked in a designated rest area that 13
adjoins a road, for example); and 14
(iii) by imposing obligations on the owner of land that 15
adjoins a road (including an obligation to fence the 16
land to prevent animals going on the road, for 17
example); and 18
(f) make a local law to regulate the construction, 19
maintenance and use of-- 20
(i) public utilities along, in, over or under roads; and 21
(ii) ancillary works and encroachments along, in, over 22
or under roads; and 23
(g) realign a road in order to widen the road; and 24
(h) acquire land for use as a road. 25
64 Notice of intention to acquire land to widen a road 26
(1) If the council wants to acquire land in order to widen a road, 27
the council must give the owner of the land a notice of 28
intention to acquire land. 29
(2) A notice of intention to acquire land informs the owner in 30
general terms of this section and section 65. 31
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(3) However, the council can not, without the consent of the 1
Planning and Environment Court, serve notice of intention to 2
acquire land on an owner of land after the owner has applied 3
to the court-- 4
(a) for approval to subdivide the land; or 5
(b) for approval, consent or permission-- 6
(i) to erect or use a structure on the land; or 7
(ii) to use the land for any other purpose. 8
(4) The court may consent to the notice of intention to acquire 9
land being served only if the court is satisfied that the purpose 10
of the notice is to enable the council to make, in good faith, a 11
reasonable widening of the road. 12
(5) After the council gives an owner a notice of intention to 13
acquire land, the owner must not erect, place, re-erect, replace 14
or repair any structure, or part of a structure, on the land 15
without the council's permission. 16
(6) The council must lodge a copy of a notice of intention to 17
acquire land with the registrar of titles for registration on the 18
instrument of title to the land. 19
(7) The registrar of titles may register the notice of intention to 20
acquire land even if the instrument of title is not produced. 21
65 Compensation for a notice of intention to acquire land 22
(1) This section applies to a person who is served with a notice of 23
intention to acquire land, if the person would be entitled to 24
claim compensation for the acquisition of land. 25
(2) The person is entitled to compensation from the council for 26
injurious affection to the person's interest in the land because 27
of the notice of intention to acquire land. 28
(3) However, the compensation is not payable until-- 29
(a) the land is sold for the first time after the notice of 30
intention to acquire land was served; or 31
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(b) after being served with the notice of intention to acquire 1
land, the owner of the land offers the land for sale in 2
good faith, but can not sell the land for a fair and 3
reasonable price. 4
(4) The compensation must be assessed in accordance with the 5
following principles-- 6
(a) the amount of compensation must represent the 7
difference between-- 8
(i) the market value of the interest in the land 9
immediately after service of the notice of intention 10
to acquire land; and 11
(ii) what would be the market value of the interest in 12
the land, at that time, if the notice had not been 13
served; 14
(b) any benefit that may accrue, because of the realignment 15
of the road, to land adjacent to the land that is affected 16
by the realignment of the road, and in which the 17
claimant has an interest, must be taken into account; 18
(c) the amount of compensation must not be increased 19
because the land that is affected by the realignment of 20
the road has, since the service of the notice of intention 21
to acquire land, become or ceased to be separate from 22
other land. 23
(5) A claim for compensation must be made-- 24
(a) within 3 years after the entitlement to compensation 25
arose; and 26
(b) to the chief executive officer in the approved form. 27
(6) The claim is taken to have been properly made when the 28
claimant has given the council all the information that the 29
council reasonably requires to decide the claim. 30
(7) If, within 30 days after the claim is made, the council has not 31
given the claimant written notice of its decision on the claim, 32
the council is taken to have refused compensation on the 31st 33
day after the claim is made. 34
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66 Appeal on a claim for compensation 1
(1) A person who is aggrieved by the decision of the council on a 2
claim for compensation may appeal against the decision to the 3
Planning and Environment Court. 4
(2) The appeal must be started within 30 days after-- 5
(a) notice of the decision is given to the claimant; or 6
(b) the decision is taken to have been made. 7
(3) In order to award compensation, the Planning and 8
Environment Court must be satisfied-- 9
(a) if the land has been sold-- 10
(i) the seller took reasonable steps to obtain a 11
reasonable price for the land; and 12
(ii) the seller sold the land in good faith; and 13
(iii) the sale price is less than the seller might 14
reasonably have expected to receive had there been 15
no notice of intention to acquire land; or 16
(b) if the council refused the owner permission to erect, 17
place, re-erect, replace or repair any structure, or part of 18
a structure, on the land--the permission was applied for 19
in good faith. 20
67 Acquisition of land instead of compensation 21
(1) After a notice of intention to acquire land is served, but before 22
the land is sold, the council may acquire the land instead of 23
paying compensation for injurious affection. 24
(2) If, after a notice of intention to acquire land is served, the land 25
is cleared of all structures-- 26
(a) the council may acquire the land; and 27
(b) if required by the owner of the land, the council must 28
acquire the land. 29
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(3) The acquired land must be dedicated for public use as a road 1
within 3 months after its acquisition. 2
(4) Compensation for the acquisition of the land, if not agreed 3
between the parties, must be assessed as at the date of the 4
acquisition. 5
68 What is to happen if a realignment is not carried out 6
(1) This section applies if the council decides not to proceed with 7
the realignment of a road or part of a road after giving a notice 8
of intention to acquire land. 9
(2) This section does not apply to a realignment of road that is 10
necessary to comply with the requirements of the council 11
under a planning scheme in its application to particular 12
developments in Brisbane. 13
(3) The council must serve notice of its decision not to proceed on 14
all owners of land who were served with a notice of intention 15
to acquire land in connection with that road or part of that 16
road. 17
(4) With regard to any of the notices of intention to acquire land 18
that were lodged with the registrar of titles in connection with 19
that road or part of that road, the council must-- 20
(a) for any notice of intention to acquire land that has not 21
been registered--withdraw the notice of intention to 22
acquire land; and 23
(b) for any notice of intention to acquire land that has been 24
registered--lodge with the registrar of titles for 25
registration a notice of its decision not to proceed with 26
the realignment of the road, or part of the road. 27
(5) The notice of the council's decision must inform the owners 28
in general terms of this section and section 69. 29
69 Compensation if realignment not carried out 30
(1) This section applies if-- 31
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(a) the council decides not to proceed with the realignment 1
of a road or part of a road after giving a notice of 2
intention to acquire land; and 3
(b) the council has made structural improvements on land 4
that adjoins the road on the basis of the proposed 5
realignment being effected. 6
(2) The council must pay the owner of the land reasonable 7
compensation for the decrease in value of the land because of 8
the decision. 9
(3) The amount of compensation is the difference between the 10
value of the land before and after the decision. 11
(4) If the council and the owner fail to agree on the amount of 12
compensation, the amount is to be decided by the Land Court. 13
(5) The provisions of the Acquisition of Land Act 1967 about the 14
making, hearing and deciding of claims for compensation for 15
land taken under that Act apply, with any necessary changes 16
and any changes prescribed under a regulation, to claims for 17
compensation under this section. 18
(6) The council's decision not to proceed with the realignment of 19
a road, or part of a road, does not give rise to an entitlement to 20
compensation to, or a cause of action by, any owner or 21
occupier of land or other person other than under this section. 22
70 Acquiring land for use as a footpath 23
(1) The council may acquire land that adjoins a road for use as a 24
footpath. 25
(2) The acquisition of land may be subject to a reservation, in 26
favour of the owner of the land, of any of the following rights 27
that the council decides (at or before the acquisition) is 28
appropriate-- 29
(a) a right to the ownership, possession, occupation and use 30
of any existing structure, room or cellar-- 31
(i) at a specified height above the level of the new 32
footpath; or 33
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(ii) at a specified depth below the level of the new 1
footpath; 2
(b) a right-- 3
(i) to erect a structure (in accordance with law) at a 4
specified height above the new footpath; and 5
(ii) to the ownership, possession, occupation and use 6
of the structure; 7
(c) a right of support for a structure mentioned in paragraph 8
(a) or (b). 9
(3) The right mentioned in subsection (2)(a) is subject to the 10
council's right to enter, and make structural alterations to, the 11
structure, room or cellar that the council considers necessary. 12
71 Notice to the council of opening or closing of roads 13
(1) This section applies if an application is made under the Land 14
Act for the opening or closing of a road in Brisbane by 15
someone other than the council. 16
(2) The Land Act Minister, or the applicant for the application, 17
must give written notice of the application to the council. 18
(3) The Land Act Minister is the Minister administering the Land 19
Act. 20
(4) The notice must specify a date (no earlier than 1 month or 21
later than 2 months after the council is given the notice) on or 22
before which the council may object to the opening or closing 23
of the road. 24
(5) An objection must fully state the reasons for the objection. 25
(6) The Land Act Minister must have regard to any objections 26
properly made by the council. 27
(7) If the Land Act Minister decides the road should be opened or 28
closed, the Land Act Minister must give written notice to the 29
council-- 30
(a) of the decision; and 31
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(b) if the decision is contrary to the council's objection, the 1
reasons for the decision. 2
72 Closing roads 3
(1) The council may close a road (permanently or temporarily) to 4
traffic or particular traffic, if there is another road or route 5
reasonably available for use by the traffic. 6
(2) Also, the council may close a road to traffic-- 7
(a) during a temporary obstruction to traffic; or 8
(b) if it is in the interests of public safety; or 9
(c) if it is necessary or desirable to close the road for a 10
temporary purpose (including a fair, for example). 11
(3) The council must publish notice of the closing of the road, in 12
the way that the council considers appropriate (including on 13
its website, for example). 14
(4) The council may do everything necessary to stop traffic using 15
the road after it is closed. 16
(5) If a road is closed to traffic for a temporary purpose, the 17
council may permit the use of any part of the road (including 18
for the erection of any structure, for example) on the 19
conditions the council considers appropriate. 20
73 Temporary roads 21
(1) This section applies if-- 22
(a) the council wants to remake or repair a road; and 23
(b) it is not reasonably practicable to temporarily close the 24
road to traffic while the road works are conducted. 25
(2) The council may make a temporary road, through land that 26
adjoins the road, to be used while the road is being remade or 27
repaired. 28
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(3) However, a council employee or contractor may enter the land 1
only if-- 2
(a) the owner or occupier of the land has agreed, in writing 3
that the council employee or contractor may enter the 4
land; or 5
(b) the council has given the owner or occupier of the land 6
at least 3 days written notice that states-- 7
(i) the nature of the road works that are to be 8
conducted; and 9
(ii) the proposed route of the temporary road; and 10
(iii) an approximate period when the temporary road is 11
expected to remain on the land. 12
(4) Subsection (3) does not apply if the road works must be 13
urgently conducted, but the council must give the owner or 14
occupier of the land oral notice of the matters mentioned in 15
subsection (3)(b). 16
(5) The owner of the land may give the chief executive officer a 17
written notice that claims compensation for physical damage 18
caused by the council entering, occupying or using the land 19
under this section. 20
(6) Compensation is not payable unless the chief executive officer 21
receives the claim-- 22
(a) within 1 year after the occupation or use has ended; or 23
(b) at a later time allowed by the chief executive officer. 24
(7) The compensation equals-- 25
(a) the amount agreed between the person and the council; 26
or 27
(b) if the person and the council can not agree, the amount 28
that is decided by a court. 29
(8) However, the compensation must not be more than the 30
compensation that would have been awarded if the land had 31
been acquired. 32
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74 The Brisbane River 1
(1) This section is about roads that are over, under, on or in the 2
Brisbane River (river crossings). 3
(2) For this section, the Brisbane River is any part of the Brisbane 4
River that is not within the local government area of another 5
local government. 6
(3) The council may-- 7
(a) survey and resurvey river crossings; and 8
(b) construct, maintain and improve river crossings; and 9
(c) name and number river crossings. 10
(4) Subject to any restrictions prescribed under a regulation-- 11
(a) local laws apply to a river crossing as if all of the 12
crossing were within Brisbane; and 13
(b) all a river crossing is taken, for the purpose of any Act, 14
to be a road within Brisbane. 15
75 Road levels 16
(1) The owner or occupier of land that adjoins a road may give 17
written notice to the council requiring it to advise the owner or 18
occupier of the permanent level that is fixed or to be fixed for 19
the road. 20
(2) If the council has not, within 6 months after receiving the 21
notice, given the owner or occupier written advice about the 22
permanent level of the road, the council is taken to have fixed 23
the apparent level of the road when the notice was given as the 24
permanent level of the road. 25
(3) If-- 26
(a) after the council has fixed the permanent level of a road, 27
the council changes the level of the road; and 28
(b) the owner or occupier of land that adjoins the road is 29
injuriously affected by the change; 30
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the council must pay the owner or occupier, or their successor 1
in title, compensation. 2
(4) The compensation equals-- 3
(a) the amount that is agreed between the owner or 4
occupier, or their successor in title, and the council; or 5
(b) if the owner or occupier, or their successor in title, and 6
the council can not agree--the amount that is decided by 7
the Planning and Environment Court. 8
76 Assessment of impacts on roads from certain activities 9
(1) This section applies if-- 10
(a) a regulation prescribes an activity for this section; and 11
(b) the council considers that the conduct of the activity is 12
having, or will have, a significant adverse impact on a 13
road in Brisbane; and 14
(c) the activity is not for-- 15
(i) a significant project under the State Development 16
and Public Works Organisation Act 1971; or 17
(ii) development declared under the council's planning 18
scheme to be assessable development or 19
development requiring compliance assessment for 20
which the council is the compliance assessor under 21
the Planning Act; or 22
(iii) a road being built under the Land Act, section 110. 23
(2) The council may require the entity that is conducting the 24
activity to provide information, within a reasonable time, that 25
will enable the council to assess the impact of the activity on 26
the road. 27
(3) After assessing the impact of the activity on the road, the 28
council may decide to do 1 or more of the following-- 29
(a) give the entity a direction about the use of the road to 30
lessen the impact; 31
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(b) require the entity-- 1
(i) to carry out works to lessen the impact; or 2
(ii) to pay an amount as compensation for the impact. 3
(4) The council may require the works to be carried out or the 4
amount to be paid before the impact commences or 5
intensifies. 6
(5) The amount of compensation is a debt payable to the council 7
and may be recovered in a court. 8
(6) A regulation for this section-- 9
(a) must contain a process under which the council's 10
decision may be reviewed; and 11
(b) may contain a process for enforcing the decision. 12
77 Categorisation of roads 13
The council must categorise the roads in Brisbane according 14
to the surface of the road. 15
78 Roads map and register 16
(1) The council must prepare and keep up-to-date-- 17
(a) a map of every road, including private roads, in 18
Brisbane; and 19
(b) a register of the roads that shows-- 20
(i) the category of every road; and 21
(ii) the level of every road that has a fixed level; and 22
(iii) other particulars prescribed under a regulation. 23
(2) The register of roads may also show other particulars that the 24
council considers appropriate. 25
(3) The council must ensure the public may view the map and 26
register at its public office or on its website. 27
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(4) On application and payment of a reasonable fee fixed under a 1
resolution or local law, a person may obtain-- 2
(a) a copy of a map or register of roads; or 3
(b) a certificate signed by an employee of the council who is 4
authorised for the purpose-- 5
(i) about the category, alignment and levels of roads in 6
Brisbane; or 7
(ii) about the fact that the alignment or level of a road 8
in Brisbane has not been fixed. 9
79 Unauthorised works on roads 10
(1) This section applies to a road in Brisbane. 11
(2) A person must not, without lawful excuse (including under 12
another Act, for example), or the written approval of the 13
council-- 14
(a) carry out works on a road; or 15
(b) interfere with a road or its operation. 16
Maximum penalty--200 penalty units. 17
(3) Works do not include the maintenance of ancillary works and 18
encroachments, or landscaping, that does not interfere with 19
the road or its operation. 20
(4) An approval may be subject to the conditions decided by the 21
council. 22
(5) A person must not contravene a condition that applies to the 23
person under subsection (4). 24
Maximum penalty--40 penalty units. 25
(6) If a person carries out works in contravention of this section, 26
the council may-- 27
(a) dismantle or alter the works; or 28
(b) fix any damage caused by the works. 29
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(7) If the council dismantles or alters the works, or fixes any 1
damage caused by the works, the person must pay the council 2
the reasonable costs incurred by the council in doing so. 3
Division 2 Stormwater drains 4
80 What this division is about 5
(1) This division is about stormwater drains and stormwater 6
installations. 7
(2) A stormwater drain is a drain, channel, pipe, chamber, 8
structure, outfall or other works used to receive, store, 9
transport or treat stormwater. 10
(3) A stormwater installation for a property-- 11
(a) is any roof gutters, downpipes, subsoil drains or 12
stormwater drain for the property; but 13
(b) does not include any part of a council stormwater drain. 14
81 Connecting stormwater installation to stormwater drain 15
(1) The council may, by written notice, require the owner of a 16
property to connect a stormwater installation for the property 17
to a council stormwater drain in the way, under the conditions 18
and within the time stated in the notice. 19
(2) The way, condition and time stated in the notice must be 20
reasonable in the circumstances. 21
(3) A person must not connect a stormwater installation for a 22
property to a council stormwater drain unless-- 23
(a) the council has required the owner of the property to do 24
so by a written notice under subsection (1); or 25
(b) the council has given its approval for the connection. 26
Maximum penalty--165 penalty units. 27
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(4) The council may impose conditions on its approval for the 1
connection, including conditions about the way the 2
connection must be made. 3
(5) If a person connects a stormwater installation under a 4
requirement or approval of the council, the person must 5
comply with the requirement or approval, unless the owner 6
has a reasonable excuse. 7
Maximum penalty--165 penalty units. 8
(6) This section does not apply to a stormwater installation for a 9
property that is an airport site under the Airports Act 1996 10
(Cwlth). 11
82 No connecting sewerage to stormwater drain 12
(1) The owner of a property must not connect the sewerage 13
installation for property, or allow the sewerage installation for 14
the property to be connected, to any part of-- 15
(a) the stormwater installation for the property; or 16
(b) a council stormwater drain. 17
Maximum penalty--165 penalty units. 18
(2) A sewerage installation is any of the following-- 19
(a) an on-site sewerage facility within the meaning given in 20
the Plumbing and Drainage Act; 21
(b) a sewer for a property or building unit; 22
(c) sanitary plumbing i.e. any apparatus, fittings, fixtures or 23
pipes that carry sewage to a sanitary drain; 24
(d) sanitary drainage i.e. any apparatus, fittings or pipes for 25
collecting and carrying discharges-- 26
(i) from fixtures (that are directly connected to a 27
sanitary drain) to an on-site sewerage facility or a 28
sewerage treatment system; or 29
(ii) from sanitary plumbing to an on-site sewerage 30
facility or a sewerage treatment system. 31
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Examples of apparatus, fittings or pipes for sanitary drainage-- 1
· disconnector gullies 2
· bends at the foot of stacks or below ground level 3
· pipes above ground level that are installed using drainage 4
principles 5
· for an on-site sewerage facility--a pipe (other than a soil or 6
waste pipe) used to carry sewage to or from the facility 7
(3) The owner of a property who becomes aware that the 8
sewerage installation for the property is connected to any part 9
of-- 10
(a) the stormwater installation for the property; or 11
(b) a stormwater drain of the council; 12
must, as soon as reasonably practicable, take all necessary 13
steps to disconnect the facility, drainage or sewer from the 14
stormwater installation or drain. 15
Maximum penalty--165 penalty units. 16
(4) If the sewerage installation for property is connected to any 17
part of-- 18
(a) the stormwater installation on the property; or 19
(b) a stormwater drain of the council; 20
the council may, by written notice, require the owner of the 21
property to perform the work stated in the notice, within the 22
time stated in the notice. 23
(5) The time stated in the notice must-- 24
(a) be a time that is reasonable in the circumstances; and 25
(b) be at least 1 month after the notice is given to the owner. 26
(6) However, the time stated in the notice may be less than 1 27
month but must not be less than 48 hours if the work stated in 28
the notice-- 29
(a) is required to stop a serious health risk continuing; or 30
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(b) relates to a connection that is causing damage to the 1
council stormwater drain. 2
(7) The work stated in the notice must be work that is reasonably 3
necessary for fixing or otherwise dealing with the sewerage 4
installation, including for example-- 5
(a) work to remedy a contravention of this Act; or 6
(b) work to disconnect something that was connected to a 7
stormwater drain without the council's approval. 8
(8) The owner must comply with the notice, unless the owner has 9
a reasonable excuse. 10
Maximum penalty for subsection (8)--165 penalty units. 11
83 No trade waste or prohibited substances in stormwater 12
drain 13
(1) A person must not put trade waste into a stormwater drain. 14
Maximum penalty--1000 penalty units. 15
(2) Trade waste is waterborne waste from business, trade or 16
manufacturing property, other than-- 17
(a) stormwater; and 18
(b) a prohibited substance. 19
(3) A person must not put a prohibited substance into a 20
stormwater drain. 21
Maximum penalty--1000 penalty units. 22
(4) A prohibited substance is-- 23
(a) a solid or viscous substance in a quantity, or of a size, 24
that can obstruct, or interfere with the operation of, a 25
stormwater drain; or 26
Examples for paragraph (a)-- 27
· ash, cinders, mud, sand, shavings and straw 28
· glass, metal and plastics 29
· cups, milk containers and paper and plastic dishes 30
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· feathers, rags, tar and wood 1
· hair and entrails, paunch manure and whole blood 2
· grease and oil 3
· cement laden waste water including wash down from 4
exposed aggregate concrete surfaces 5
(b) a flammable or explosive solid, liquid or gaseous 6
substance; or 7
(c) sewage, including human waste; or 8
(d) a substance that, given its quantity, is capable alone, or 9
by interaction with another substance put into a 10
stormwater drain, of-- 11
(i) inhibiting or interfering with the stormwater drain; 12
or 13
(ii) causing damage or a hazard to the stormwater 14
drain; or 15
(iii) causing a hazard for humans or animals; or 16
(iv) creating a public nuisance; or 17
(v) creating a hazard in waters; or 18
(vi) contaminating the environment in places where 19
stormwater is discharged or reused; or 20
Example for paragraph (d)-- 21
a substance with a pH lower than 6.0 or greater than 10.0, or 22
having another corrosive property 23
(e) a substance that has a temperature of more than-- 24
(i) if the council has approved a maximum 25
temperature for the substance--the approved 26
maximum temperature; or 27
(ii) otherwise--38ºC. 28
(5) If-- 29
(a) a person puts a prohibited substance in a council 30
stormwater drain; and 31
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(b) the prohibited substance causes damage to the 1
stormwater drain; 2
the council may perform work to fix the damage, and may 3
recover the reasonable costs for the work from the person who 4
put the prohibited substance in the stormwater drain. 5
(6) The costs for the work are in addition to any penalty imposed 6
for the offence. 7
84 Interference with path of stormwater 8
(1) A person must not restrict or redirect the flow of stormwater 9
over land in a way that may cause the water to collect and 10
become stagnant. 11
Maximum penalty--165 penalty units. 12
(2) However, this section does not apply to water collected in a 13
dam, wetland, tank or pond, if no offensive material is 14
allowed to accumulate. 15
Division 3 Other infrastructure 16
85 Malls 17
(1) The council may establish a mall in Brisbane. 18
(2) The council must comply with the procedures prescribed 19
under a regulation for establishing a mall. 20
(3) The regulation may also provide for any other matter 21
connected with managing, promoting or using a mall, 22
including for example-- 23
(a) the removal of vehicles from a mall; and 24
(b) review of a decision relating to the removal of a vehicle 25
from a mall; and 26
(c) matters relating to an advisory committee for a mall. 27
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(4) A person is not entitled to compensation on account of 1
injurious affection to any right or interest of a business, 2
commercial or industrial nature because of the establishment, 3
modification or closing of a mall by the council. 4
(5) However, the council may, by resolution, decide to pay 5
compensation to the person. 6
(6) The Land Act, chapter 4, part 4 does not apply to a road in 7
Brisbane that is a mall. 8
86 City Botanic Gardens 9
(1) This section is about the City Botanic Gardens. 10
(2) The City Botanic Gardens consist of the reserve for botanic 11
gardens and public park that was established by the council 12
under the repealed City of Brisbane Act. 13
(3) The council is the trustee of the reserve under the Land Act. 14
(4) The council has the power to-- 15
(a) do anything that is necessary or desirable for 16
developing, managing, maintaining, promoting, or using 17
the City Botanic Gardens; and 18
(b) permit the use of any part of the City Botanic Gardens, 19
including the erection of any structure, on the conditions 20
it considers appropriate; and 21
(c) do anything incidental to its powers under paragraph (a) 22
or (b). 23
87 Resumption of prescribed land by council 24
(1) This section applies if-- 25
(a) a development application under the Planning Act is 26
made for a material change of use other than for 27
`television station purposes'; or 28
(b) prescribed land is sold or offered for sale and the council 29
is satisfied the land is likely to be used for a purpose 30
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other than television station purposes or related 1
purposes; or 2
(c) prescribed land is being used for a purpose other than 3
television station purposes or related purposes. 4
(2) Prescribed land is any scheduled land or trust land under the 5
repealed Land (Mt Coot-tha Television Stations) Sales Act 6
1986. 7
(3) The council may decide to acquire the prescribed land either 8
by agreement under the Acquisition of Land Act 1967 or 9
compulsorily for a purpose specified in that Act, if the land is 10
to be used for 1 or more of the following purposes-- 11
(a) a park; 12
(b) a recreation ground; 13
(c) a road. 14
(4) The power conferred on the council under this section is in 15
addition to the powers conferred on the council as a 16
constructing authority under the Acquisition of Land Act 17
1967. 18
(5) A decision of the council under subsection (3) is not subject to 19
appeal. 20
Note-- 21
See section 221 for more information. 22
88 Materials in infrastructure are council property 23
(1) The materials in the following things are the property of the 24
council-- 25
(a) a road that is constructed by the council; 26
(b) any works relating to a road (including ducting, gutters, 27
stormwater drains, kerbing and channelling, for 28
example) that are constructed by the council; 29
(c) a floating pontoon, jetty, or wharf that is-- 30
(i) constructed by the council; or 31
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(ii) under the control of the council. 1
(2) This section does not apply to the materials in-- 2
(a) an open drain, other than any lining of the drain; or 3
(b) the outcome of action taken in accordance with a 4
remedial notice under section 125. 5
Chapter 4 Finances and accountability 6
Part 1 Rates and charges 7
89 What this part is about 8
(1) This part is about rates and charges. 9
(2) Rates and charges are levies that the council imposes-- 10
(a) on land; and 11
(b) for a service, facility or activity that is supplied or 12
undertaken by-- 13
(i) the council; or 14
(ii) someone on behalf of the council (including a 15
garbage collection contractor, for example). 16
90 Types of rates and charges 17
(1) There are 4 types of rates and charges-- 18
(a) general rates (including differential rates); and 19
(b) special rates and charges; and 20
(c) utility charges; and 21
(d) separate rates and charges. 22
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(2) General rates are for services, facilities and activities that are 1
supplied or undertaken for the benefit of the community in 2
general (rather than a particular person). 3
Example-- 4
General rates contribute to the cost of roads and library services that 5
benefit the community in general. 6
(3) Special rates and charges are for services, facilities and 7
activities that have a special association with particular land 8
because-- 9
(a) the land or its occupier-- 10
(i) specially benefits from the service, facility or 11
activity; or 12
(ii) has or will have special access to the service, 13
facility or activity; or 14
(b) the land is or will be used in a way that specially 15
contributes to the need for the service, facility or 16
activity; or 17
(c) the occupier of the land specially contributes to the need 18
for the service, facility or activity. 19
Examples-- 20
Special rates and charges could be levied-- 21
· for the cost of maintaining a road in an industrial area that is 22
regularly used by heavy vehicles 23
· for the cost of replacing the drainage system in only part of 24
Brisbane 25
· on land that is used only by businesses that would benefit from 26
the promotion of tourism in Brisbane. 27
(4) Utility charges are for a service, facility or activity for any of 28
the following utilities-- 29
(a) waste management, including recycling; 30
(b) gas; 31
(c) another utility prescribed under a regulation. 32
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(5) Separate rates and charges are for any other service, facility 1
or activity. 2
91 Land on which rates are levied 3
(1) Rates may be levied on rateable land. 4
(2) Rateable land is any land or building unit, in Brisbane, that is 5
not exempted from rates. 6
(3) The following land is exempted from rates-- 7
(a) unallocated State land within the meaning of the Land 8
Act; 9
(b) land that is occupied by the State or a government entity, 10
unless-- 11
(i) the government entity is a GOC or its subsidiary 12
(within the meaning of the Government Owned 13
Corporations Act 1993) and the government entity 14
is not exempt from paying rates; or 15
(ii) the land is leased to the State or a government 16
entity by someone who is not the State or a 17
government entity; 18
(c) land in a State forest or timber reserve, other than land 19
occupied under-- 20
(i) an occupation permit or stock grazing permit under 21
the Forestry Act; or 22
(ii) a lease under the Land Act; 23
(d) the following land under the Transport Infrastructure 24
Act-- 25
(i) strategic port land that is occupied by a port 26
authority, the State, or a government entity; 27
(ii) existing or new rail corridor land; 28
(iii) commercial corridor land that is not subject to a 29
lease; 30
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(e) airport land, within the meaning of the Airport Assets 1
(Restructuring and Disposal) Act 2008, that is used for a 2
runway, taxiway, apron, road, vacant land, buffer zone 3
or grass verge; 4
(f) land that is exempted from rating-- 5
(i) under another Act; 6
(ii) by resolution of the council, for religious, 7
charitable, educational or other public purposes. 8
92 Power to levy rates and charges 9
(1) The council-- 10
(a) must levy general rates on all rateable land within 11
Brisbane; and 12
(b) may levy-- 13
(i) special rates and charges; and 14
(ii) utility charges; and 15
(iii) separate rates and charges. 16
(2) The council must decide, by resolution at the council budget 17
meeting for a financial year, what rates and charges are to be 18
levied for that financial year. 19
93 Overdue rates and charges are a charge over rateable 20
land 21
(1) This section applies if the owner of rateable land owes the 22
council for overdue rates and charges. 23
(2) The overdue rates and charges are a charge on the land. 24
(3) The council may register the charge over the land by lodging 25
the following documents with the registrar of titles-- 26
(a) a request to register the charge over the land, in the 27
appropriate form; 28
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(b) a certificate signed by the chief executive officer that 1
states there is a charge over the land for overdue rates 2
and charges. 3
(4) After the charge is registered over the land, the charge has 4
priority over any other encumbrances over the land, other than 5
encumbrances in favour of-- 6
(a) the State; or 7
(b) a government entity. 8
(5) If the overdue rates and charges are paid, the council must 9
lodge the following documents with the registrar of titles-- 10
(a) a request to release the charge over the land, in the 11
appropriate form; 12
(b) a certificate signed by the chief executive officer that 13
states the overdue rates and charges have been paid. 14
(6) This section does not limit any other remedy that the council 15
has to recover the overdue rates and charges (including selling 16
the land, for example). 17
94 Regulations for rates and charges 18
A regulation may provide for any matter connected with rates 19
and charges, including for example-- 20
(a) concessions; and 21
(b) the categorisation of land for rates and charges; and 22
(c) the process for recovering overdue rates and charges 23
including by the sale of the land to which the rates and 24
charges relate. 25
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Part 2 Fees 1
95 Cost-recovery fees 2
(1) The council may, under a local law or a resolution, fix a 3
cost-recovery fee. 4
(2) A cost-recovery fee is a fee for-- 5
(a) an application for the issue or renewal of a licence, 6
permit, registration or other approval under a local 7
government related law (an application fee); or 8
(b) recording a change of ownership of land; or 9
(c) giving information kept under a local government 10
related law; or 11
(d) seizing property or animals under a local government 12
related law; or 13
(e) the performance of another responsibility imposed on 14
the council under the Building Act or the Plumbing and 15
Drainage Act. 16
(3) A local law or resolution for subsection (2)(d) or (e) must 17
state-- 18
(a) the person liable to pay the cost-recovery fee; and 19
(b) the time within which the fee must be paid. 20
(4) A cost-recovery fee must not be more than the cost to the 21
council of taking the action for which the fee is charged. 22
(5) However, an application fee may also include a tax-- 23
(a) in the circumstances and for a purpose prescribed under 24
a regulation; and 25
(b) if the council decides, by resolution, that the purpose of 26
the tax benefits Brisbane. 27
(6) The local law or resolution that fixes an application fee that 28
includes a tax must state the amount, and the purpose, of the 29
tax. 30
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(7) If an application fee that includes a tax is payable in relation 1
to land, the tax applies only in relation to land that is rateable 2
land. 3
(8) The council may fix a cost-recovery fee by resolution even if 4
the fee had previously been fixed by a local law. 5
96 Register of cost-recovery fees 6
(1) The council must keep a register of its cost-recovery fees. 7
(2) The register must state the paragraph of section 95(2) under 8
which the cost-recovery fee is fixed. 9
(3) Also, the register must state-- 10
(a) for a cost-recovery fee under section 95(2)(a)--the 11
provision of the local government related law under 12
which the licence, permit, registration or other approval 13
is issued or renewed; or 14
(b) for a cost-recovery fee under section 95(2)(c)--the 15
provision of the local government related law under 16
which the information is kept; or 17
(c) for a cost-recovery fee under section 95(2)(d)--the 18
provision of the local government related law under 19
which the property or animals are seized; or 20
(d) for a cost-recovery fee under section 95(2)(e)--the 21
provision of the Building Act or the Plumbing and 22
Drainage Act under which the responsibility is imposed. 23
(4) The council must ensure the public may view the register at its 24
public office or on its website. 25
97 Fees on occupiers of land below the high-water mark 26
(1) This section applies to the occupier (other than the State or a 27
government entity) of a structure that is on land that-- 28
(a) is not rateable land, and therefore not subject to rates; 29
and 30
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[s 98]
(b) is in, or is adjoining, Brisbane; and 1
(c) is below the high-water mark. 2
(2) The high-water mark is the ordinary high-water mark at 3
spring tides. 4
(3) The council may, by resolution, levy a fee on the occupier of 5
the structure for the use of the council's roads and other 6
infrastructure. 7
(4) For subsection (3), fee includes a tax. 8
Part 3 Financial sustainability and 9
accountability 10
98 Statutory Bodies Financial Arrangements Act applies to 11
council 12
(1) The council is a statutory body for the Statutory Bodies 13
Financial Arrangements Act. 14
(2) Part 2B of that Act sets out the way in which that Act affects 15
the council's powers. 16
99 Systems of financial management 17
(1) To ensure it is financially sustainable, the council must 18
establish a system of financial management that-- 19
(a) ensures regard is had to the sound contracting principles 20
when entering into a contract for-- 21
(i) the supply of goods or services; or 22
(ii) the carrying out of work; or 23
(iii) the disposal of assets; and 24
(b) includes the following-- 25
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(i) an annual budget; 1
(ii) an asset register; 2
(iii) a corporate plan; 3
(iv) a long-term community plan; 4
(v) a long-term financial plan; 5
(vi) a long-term asset management plan; 6
(vii) an efficient and effective internal audit function, in 7
addition to the requirements of the Financial 8
Accountability Act 2009. 9
(2) The council is financially sustainable if the council is able to 10
maintain its financial capital and infrastructure capital over 11
the long term. 12
(3) The sound contracting principles are-- 13
(a) value for money; and 14
(b) open and effective competition; and 15
(c) the development of competitive local business and 16
industry; and 17
(d) environmental protection; and 18
(e) ethical behaviour and fair dealing. 19
100 Approval of budget 20
(1) The council must consider the budget presented by the mayor 21
and, by resolution, adopt the budget with or without 22
amendment. 23
(2) The council must adopt the budget before the start of the 24
financial year to which the budget relates. 25
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Part 4 Councillors' financial accountability
[s 101]
Part 4 Councillors' financial 1
accountability 2
101 What this part is about 3
This part is about councillors' financial accountability. 4
102 Councillor's discretionary funds 5
(1) A councillor must ensure the councillor's discretionary funds 6
are used in accordance with the requirements prescribed under 7
a regulation. 8
(2) Discretionary funds are funds in the council's operating fund 9
that are budgeted for use by a councillor at the councillor's 10
discretion. 11
103 Councillors liable for improper disbursements 12
(1) This section applies if-- 13
(a) the council disburses council funds in a financial year; 14
and 15
(b) the disbursement-- 16
(i) is not provided for in the council's budget for the 17
financial year; and 18
(ii) is made without the approval of the council by 19
resolution. 20
(2) The council must give the public notice of the disbursement in 21
a newspaper that is circulating generally in Brisbane, within 22
14 days after the disbursement is made. 23
(3) If the disbursement is not made for a genuine emergency or 24
hardship, the councillors who knowingly agree to the 25
disbursement are jointly and severally liable to pay the 26
council-- 27
(a) the amount of the disbursement; and 28
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(b) interest on the amount of the disbursement, at the rate at 1
which interest accrues on overdue rates, calculated from 2
the day of the disbursement to the day of repayment; and 3
(c) any fees, charges, penalties or other expenses incurred 4
by the council in relation to the disbursement. 5
(4) Those amounts may be recovered as a debt payable to the 6
council. 7
104 Councillors liable for loans to individuals 8
(1) The council must not, either directly or indirectly, make or 9
guarantee a loan to an individual. 10
(2) Guarantee a loan includes provide a security in connection 11
with a loan. 12
(3) The councillors who knowingly agree to loan the money are 13
jointly and severally liable to pay the council-- 14
(a) the amount of the loan; and 15
(b) interest on the amount of the loan, at the rate at which 16
interest accrues on overdue rates, calculated from the 17
day of the borrowing to the day of repayment; and 18
(c) any fees, charges, penalties or other expenses incurred 19
by the council in relation to the loan. 20
(4) Those amounts may be recovered as a debt payable to the 21
council. 22
105 Councillors liable for improper borrowings 23
(1) This section applies if the council borrows money-- 24
(a) for a purpose that is not for the good rule and 25
government of Brisbane; or 26
(b) in contravention of this Act or the Statutory Bodies 27
Financial Arrangements Act. 28
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(2) The councillors who knowingly agree to borrow the money 1
are jointly and severally liable to pay the council-- 2
(a) the amount borrowed; and 3
(b) interest on the amount borrowed, at the rate at which 4
interest accrues on overdue rates, calculated from the 5
day of the borrowing to the day of repayment; and 6
(c) any fees, charges, penalties or other expenses incurred 7
by the council in relation to the borrowing. 8
(3) Those amounts may be recovered as a debt payable to the 9
council. 10
(4) This section applies despite-- 11
(a) the fact that a security was issued for the borrowing; or 12
(b) the Statutory Bodies Financial Arrangements Act. 13
Chapter 5 Monitoring and enforcing 14
the local government 15
related laws 16
Part 1 The council 17
106 What this part is about 18
(1) The purpose of this part is to allow the Minister, on behalf of 19
the State-- 20
(a) to gather information (including under a direction) to 21
monitor and evaluate whether the council or a 22
councillor-- 23
(i) is performing their responsibilities properly; or 24
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[s 107]
(ii) is complying with the local government related 1
laws; and 2
(b) if the information shows the council or councillor is not 3
performing their responsibilities properly, or is not 4
complying with the local government related laws--to 5
take remedial action. 6
(2) Remedial action is action to improve the council's or a 7
councillor's performance or compliance (including directing 8
the council or councillor to take the action that is necessary to 9
comply with a local government related law, for example). 10
107 Decisions under this part are not subject to appeal 11
A decision of the Minister under this part is not subject to 12
appeal. 13
Note-- 14
See section 221 for more information. 15
108 Gathering information 16
(1) To monitor and evaluate the council's or a councillor's 17
performance and compliance, the department's chief 18
executive may examine the information contained in the 19
council's records and operations. 20
(2) For example, this may include an examination of-- 21
(a) an activity or program of the council; or 22
(b) the systems and practices of the council. 23
(3) The department's chief executive may conduct the 24
examination in any way that the department's chief executive 25
considers appropriate. 26
(4) Also, the department's chief executive may request the 27
council or councillor to provide any other information. 28
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(5) The request must be made in writing, and specify a reasonable 1
time within which the council or councillor must provide the 2
information. 3
(6) The council or councillor must cooperate fully with the 4
department's chief executive under this section. 5
109 Acting on the information gathered 6
(1) This section applies if the information gathered by the 7
department's chief executive shows that the council or a 8
councillor-- 9
(a) is not performing their responsibilities properly; or 10
(b) is not complying with the local government related 11
laws. 12
(2) The department's chief executive may give the information to 13
the Minister. 14
(3) The Minister may direct the council or a councillor to take 15
action to-- 16
(a) improve the council's or councillor's performance; or 17
(b) correct the noncompliance with the local government 18
related law. 19
(4) If the council does not follow the direction to the satisfaction 20
of the Minister, the Minister may publish the way in which the 21
council or councillor-- 22
(a) is not performing their responsibilities properly; or 23
(b) is not complying with the local government related 24
laws. 25
(5) The Minister may-- 26
(a) publish the information in a newspaper that is 27
circulating generally in Brisbane; or 28
(b) direct the council to publish the information on its 29
website. 30
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Part 2 The public
[s 110]
Part 2 The public 1
Division 1 Powers of authorised persons 2
Subdivision 1 Introduction 3
110 What this division is about 4
(1) This division is about the powers that may be used by an 5
authorised person. 6
(2) An authorised person is a person who is appointed under this 7
Act to ensure members of the public comply with the local 8
government related laws. 9
Note-- 10
See chapter 6, part 5 for more information about the appointment of 11
authorised persons. 12
(3) The powers of an authorised person include the power, in 13
certain circumstances-- 14
(a) to ask a person for their name and address; and 15
(b) to enter a property, including private property. 16
(4) Private property is a property that is not a public place. 17
(5) A public place is a place, or that part of a place, that-- 18
(a) is open to the public; or 19
(b) is used by the public; or 20
(c) the public is entitled to use; 21
whether or not on payment of money. 22
Example-- 23
A person uses a room at the front of their home as a business office. 24
While the business office is open to the public it is a public place. 25
However, the home is private property and not part of the public place. 26
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(6) An occupier of a property includes a person who reasonably 1
appears to be the occupier of, or in charge of, the property. 2
(7) Force must not be used to enter a property under this division, 3
other than when the property is entered under a warrant that 4
authorises that use of force. 5
111 Producing authorised person's identity card 6
(1) An authorised person may exercise a power under this 7
division, in relation to a person, only if the authorised 8
person-- 9
(a) first produces his or her identity card for the person to 10
inspect; or 11
(b) has his or her identity card displayed so it is clearly 12
visible to the person. 13
(2) However, if for any reason it is not practicable to comply with 14
subsection (1), the authorised person must produce the 15
identity card for the person's inspection at the first reasonable 16
opportunity. 17
Subdivision 2 Power to require a person's name 18
and address 19
112 Power to require a person's name and address 20
(1) This section applies if an authorised person-- 21
(a) finds a person committing an infringement notice 22
offence; or 23
(b) finds a person in circumstances that lead the authorised 24
person to suspect, on reasonable grounds, that the 25
person has just committed an infringement notice 26
offence; or 27
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(c) has information that leads the authorised person to 1
suspect, on reasonable grounds, that a person has just 2
committed an infringement notice offence. 3
(2) An infringement notice offence is an offence prescribed 4
under the State Penalties Enforcement Act 1999 to be an 5
infringement notice offence. 6
(3) The authorised person may require the person to state the 7
person's name and address. 8
(4) If the authorised person does so, the authorised person must 9
also warn the person that it is an offence to fail to state the 10
person's name and address, unless the person has a reasonable 11
excuse. 12
(5) The authorised person may require the person to give 13
evidence of the person's name or address if the authorised 14
person suspects, on reasonable grounds, that the person has 15
given a false name or address. 16
(6) The person must comply with an authorised person's 17
requirement under subsection (3) or (5), unless the person has 18
a reasonable excuse. 19
Maximum penalty--35 penalty units. 20
(7) However, the person does not commit an offence under 21
subsection (6), if the person is not proved to have committed 22
the infringement notice offence. 23
Subdivision 3 Powers to enter property etc. 24
113 Entering a public place that is open without the need for 25
permission 26
(1) This section applies if an authorised person wants to enter a 27
public place to ensure the public place complies with the local 28
government related laws. 29
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[s 114]
(2) The authorised person may enter the public place, without the 1
permission of the occupier of the place, if the place is not 2
closed to the public (by a locked gate, for example). 3
114 Entering private property with, and in accordance with, 4
the occupier's permission 5
(1) An authorised person may enter private property, that is not 6
closed to entry by the public (by a locked gate, for example), 7
in order to ask the occupier of the property for permission to 8
stay on the property and exercise powers under a local 9
government related law. 10
(2) When asking the occupier for permission, the authorised 11
person must inform the occupier-- 12
(a) of the purpose of entering the property; and 13
(b) that any thing or information that the authorised person 14
finds on the property may be used as evidence in court; 15
and 16
(c) that the occupier is not obliged to give permission. 17
(3) If the occupier gives permission, the authorised person may 18
ask the occupier to sign a document that confirms that the 19
occupier has given permission. 20
(4) The document must state-- 21
(a) that the authorised person informed the occupier-- 22
(i) of the purpose of entering the property; and 23
(ii) that any thing or information that the authorised 24
person finds on the property may be used as 25
evidence in court; and 26
(iii) that the occupier was not obliged to give the 27
permission; and 28
(b) that the occupier gave the authorised person permission 29
to enter the property and exercise powers under a local 30
government related law; and 31
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(c) the date and time when the occupier gave the 1
permission. 2
(5) If the occupier signs the document, the authorised person 3
must immediately give a copy of the document to the 4
occupier. 5
(6) If, in any proceedings-- 6
(a) a question arises as to whether the occupier of a 7
property gave permission to allow an authorised person 8
to stay on the property under this Act; and 9
(b) a document that confirms the occupier gave permission 10
is not produced in evidence; 11
the court may assume that the occupier did not give the 12
permission, unless the contrary is proved. 13
(7) If the occupier gives permission, the authorised person may 14
stay on the property and exercise the powers that the occupier 15
has agreed to be exercised on the property. 16
(8) However, the right to stay on the property-- 17
(a) is subject to any conditions that the occupier imposes 18
(including about the times when the property may be 19
entered, for example); and 20
(b) may be cancelled by the occupier at any time. 21
115 Entering private property with, and in accordance with, a 22
warrant 23
(1) An authorised person may enter private property with, and in 24
accordance with, a warrant. 25
(2) An authorised person must apply to a magistrate for a warrant. 26
(3) The application for the warrant must-- 27
(a) be in the form approved by the department's chief 28
executive; and 29
(b) be sworn; and 30
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(c) state the grounds on which the warrant is sought. 1
(4) The magistrate may refuse to consider the application until the 2
authorised person gives the magistrate all the information that 3
the magistrate requires about the application, in the way that 4
the magistrate requires. 5
Example-- 6
The magistrate may require additional information in support of the 7
application to be given by statutory declaration. 8
(5) The magistrate may issue the warrant only if the magistrate is 9
satisfied that there are reasonable grounds for suspecting-- 10
(a) there is a particular thing or activity that may provide 11
evidence of an offence against a local government 12
related law (the evidence); and 13
(b) the evidence is at the place, or may be at the place 14
within the next 7 days. 15
(6) The warrant must state-- 16
(a) the evidence for which the warrant is issued; and 17
(b) that the authorised person may, with necessary and 18
reasonable help and force, enter the property and 19
exercise an authorised person's powers under this Act; 20
and 21
(c) the hours of the day or night when the property may be 22
entered; and 23
(d) the day (within 14 days after the warrant's issue) when 24
the warrant ends. 25
(7) The magistrate must keep a record of the reasons for issuing 26
the warrant. 27
(8) A warrant is not invalidated by a defect in the warrant, or in 28
compliance with section 116, unless the defect affects the 29
substance of the warrant in a material particular. 30
(9) As soon as an authorised person enters private property under 31
a warrant, the authorised person must do, or make a 32
reasonable attempt to do, the following things-- 33
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(a) inform any occupier of the property-- 1
(i) of the reason for entering the property; and 2
(ii) that the warrant authorises the authorised person to 3
enter the property without the permission of the 4
occupier; 5
(b) give any occupier a reasonable opportunity to allow the 6
authorised person to immediately enter the property 7
without using force. 8
(10) However, the authorised person does not need to comply with 9
subsection (9) if the authorised person believes that immediate 10
entry to the property is required to ensure the warrant is 11
effectively executed. 12
116 Warrants--applications made electronically 13
(1) An authorised person may make an electronic application for 14
a warrant if the authorised person considers it necessary 15
because of-- 16
(a) urgent circumstances; or 17
(b) special circumstances (including the authorised person's 18
remote location, for example). 19
(2) An electronic application is an application made by phone, 20
fax, radio, email, videoconferencing or another form of 21
electronic communication. 22
(3) The authorised person must prepare an application for the 23
warrant that states the grounds on which the warrant is sought, 24
before applying for the warrant. 25
(4) However, the authorised person may apply for the warrant 26
before the application is sworn. 27
(5) The magistrate may issue the warrant only if the magistrate is 28
satisfied that-- 29
(a) it was necessary to make the application electronically; 30
and 31
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(b) the way that the application was made was appropriate 1
in the circumstances. 2
(6) If the magistrate issues the warrant, and it is reasonably 3
practicable to send a copy of the warrant to the authorised 4
person (by fax or email, for example), the magistrate must 5
immediately do so. 6
(7) If it is not reasonably practicable to send a copy of the warrant 7
to the authorised person-- 8
(a) the magistrate must-- 9
(i) inform the authorised person of the date and time 10
when the magistrate signed the warrant; and 11
(ii) inform the authorised person of the terms of the 12
warrant; and 13
(b) the authorised person must write on a warrant form-- 14
(i) the magistrate's name; and 15
(ii) the date and time when the magistrate signed the 16
warrant; and 17
(iii) the terms of the warrant. 18
(8) The copy of the warrant sent to the authorised person, or the 19
warrant form properly completed by the authorised person, 20
authorises the authorised person to enter the property, and to 21
exercise the powers, mentioned in the warrant that was signed 22
by the magistrate. 23
(9) The authorised person must, at the first reasonable 24
opportunity, send the magistrate-- 25
(a) the sworn application; and 26
(b) if the authorised person completed a warrant form--the 27
completed warrant form. 28
(10) When the magistrate receives those documents, the magistrate 29
must attach them to the warrant that was signed by the 30
magistrate, and give the warrant to the clerk of the court. 31
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(11) Unless the contrary is proven, a court must presume that a 1
power exercised by an authorised person was not authorised 2
by a warrant issued under this section if-- 3
(a) a question arises, in any proceedings before the court, 4
whether the exercise of power was authorised by a 5
warrant; and 6
(b) the warrant is not produced in evidence. 7
117 Entering under an application, permit or notice 8
(1) This section applies if an authorised person wants to enter a 9
property-- 10
(a) to inspect the property in order to process an application 11
made under any local government related law; or 12
(b) to inspect a record that is required to be kept for a 13
budget accommodation building under the Building Act, 14
chapter 7; or 15
(c) to find out whether the conditions on which a permit or 16
notice was issued have been complied with; or 17
(d) to inspect work that was carried out under a permit or 18
notice. 19
(2) A permit is an approval, authorisation, consent, licence, 20
permission, registration or other authority issued under any 21
local government related law. 22
(3) A notice is a notice issued under any local government related 23
law. 24
(4) The authorised person may enter the property without the 25
permission of the occupier of the property-- 26
(a) at any reasonable time during the day; or 27
(b) at night, if-- 28
(i) the occupier of the property asks the authorised 29
person to enter the property at that time; or 30
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(ii) the conditions of the permit allow the authorised 1
person to enter the property at that time; or 2
(iii) the property is a public place and is not closed to 3
the public. 4
(5) However, the authorised person-- 5
(a) must, as soon as the authorised person enters the 6
property, inform any occupier of the property-- 7
(i) of the reason for entering the property; and 8
(ii) that the authorised person is authorised under this 9
Act to enter the property without the permission of 10
the occupier; and 11
(b) may enter a home that is on the property only if the 12
occupier of the relevant part of the property 13
accompanies the authorised person. 14
118 Entering property under an approved inspection program 15
(1) An authorised person may enter a property (other than a home 16
on the property) without the permission of the occupier of the 17
property, at any reasonable time of the day or night, under an 18
approved inspection program. 19
(2) An approved inspection program is a program, approved by 20
the council, under which an authorised person may enter and 21
inspect properties in Brisbane to ensure the local government 22
related laws are being complied with. 23
(3) The council must give, or must make a reasonable attempt to 24
give, the occupier of the property a written notice that informs 25
the occupier of the following-- 26
(a) the council's intention to enter the property; 27
(b) the reason for entering the property; 28
(c) an estimation of when the property will be entered. 29
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Example-- 1
The council may give the written notice to an occupier of a property by 2
dropping a flyer in the letterbox for the property. 3
(4) The council must give, or make a reasonable attempt to give, 4
the written notice to the occupier within a reasonable time 5
before the property is to be entered. 6
(5) The authorised person-- 7
(a) must, as soon as the authorised person enters the 8
property, inform any occupier of the property-- 9
(i) of the reason for entering the property; and 10
(ii) that the authorised person is authorised under this 11
Act to enter the property without the permission of 12
the occupier; and 13
(b) may enter a budget accommodation building on the 14
property only to monitor compliance with the Building 15
Act, chapter 7. 16
119 Approving an inspection program 17
(1) The council may, by resolution, approve the following types 18
of inspection programs-- 19
(a) a systematic inspection program; 20
(b) a selective inspection program. 21
(2) A systematic inspection program allows an authorised person 22
to enter and inspect all properties, or all properties of a certain 23
type, in Brisbane. 24
(3) A selective inspection program allows an authorised person 25
to enter and inspect those properties in Brisbane that have 26
been selected in accordance with objective criteria specified 27
in the resolution. 28
(4) The resolution must state-- 29
(a) the purpose of the program; and 30
(b) when the program starts; and 31
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(c) for a systematic inspection program that allows a type of 1
property to be entered and inspected--a description of 2
the type of property; and 3
(d) for a selective inspection program--the objective 4
criteria for selecting the properties to be entered and 5
inspected; and 6
(e) the period (of not more than 3 months or another period 7
prescribed under a regulation) over which the program 8
is to be carried out. 9
(5) The council must give the public notice of the approval of an 10
inspection program, at least 14 days, but not more than 28 11
days, before the approved inspection program starts. 12
(6) The notice must be published-- 13
(a) in a newspaper that is circulating generally in Brisbane; 14
and 15
(b) on the council's website. 16
(7) The notice must state the following-- 17
(a) that the notice is made by the council; 18
(b) the purpose and scope of the program, in general terms; 19
(c) when the program starts; 20
(d) the period over which the program is to be carried out; 21
(e) that the public may view a copy of the resolution that 22
approved the program at the council's public office until 23
the end of the program; 24
(f) that a copy of the resolution that approved the program 25
may be purchased at the council's public office until the 26
end of the program; 27
(g) the price of a copy of the resolution that approved the 28
program. 29
(8) The price of a copy of the resolution that approved the 30
program must be no more than the cost to the council of 31
making the copy available for purchase. 32
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(9) From the time when the notice is published in the newspaper 1
until the end of the program-- 2
(a) the public may view a copy of the resolution that 3
approved the program at the council's public office; and 4
(b) copies of the resolution that approved the program must 5
be available for purchase at the council's public office at 6
the price stated in the notice. 7
120 General powers after entering a property 8
(1) This section explains the powers that an authorised person has 9
after entering a property, other than entering a property-- 10
(a) to ask the occupier of the property for permission to stay 11
on the property; or 12
(b) under section 117 or 118. 13
(2) The authorised person may-- 14
(a) search any part of the property; or 15
(b) inspect, test, photograph or film anything that is in or on 16
the property; or 17
(c) copy a document that is in or on the property; or 18
(d) take samples of or from anything that is in or on the 19
property; or 20
(e) take into or onto the property any persons, equipment 21
and materials that the authorised person reasonably 22
requires for exercising the authorised person's powers; 23
or 24
(f) require the occupier of the property, or a person in or on 25
the property, to give the authorised person reasonable 26
help to exercise the authorised person's powers under 27
paragraphs (a) to (e). 28
(3) An authorised person may exercise a power under subsection 29
(2) only if exercising the power is necessary for the purpose 30
related to the entry of the property. 31
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(4) If a person is required to give reasonable help under 1
subsection (2)(f), the person must comply with the 2
requirement, unless the person has a reasonable excuse. 3
Maximum penalty--8 penalty units. 4
(5) If the requirement is to be complied with by the person giving 5
information or producing a document, it is a reasonable 6
excuse for the person to fail to comply with the requirement if 7
complying with the requirement might incriminate the person. 8
121 Authorised person to give notice of damage 9
(1) This section applies if-- 10
(a) something is damaged by-- 11
(i) an authorised person, when the authorised person 12
exercises a power under this division; or 13
(ii) a person who is authorised by an authorised person 14
to take action under this division, when the person 15
takes the action; or 16
(b) the authorised person considers, on reasonable grounds, 17
that the damage is more than trivial damage. 18
(2) The authorised person must immediately give written notice 19
of the particulars of the damage to the person who appears to 20
be the owner of the thing that was damaged. 21
(3) However, if for any reason it is not practicable to do so, the 22
authorised person must leave the notice, in a reasonably 23
secure way and in a conspicuous position, at the place where 24
the thing was damaged. 25
(4) The owner of a thing includes a person in possession or 26
control of the thing. 27
(5) If the authorised person believes the damage was caused by a 28
latent defect in the thing, or other circumstances beyond the 29
authorised person's control, the authorised person may state 30
that in the notice. 31
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122 Compensation for damage or loss caused after entry 1
(1) If a person incurs damage or loss because of the exercise, or 2
purported exercise, of a power under this division, the council 3
must pay the person compensation. 4
(2) The compensation equals-- 5
(a) the amount agreed between the person and the council; 6
or 7
(b) if the person and the council can not agree, the amount 8
that is decided by a court. 9
(3) The person may claim the compensation in-- 10
(a) any proceedings for compensation; or 11
(b) any proceedings brought against the person for an 12
offence against any local government related law. 13
(4) A court may order compensation to be paid only if the court is 14
satisfied it is just to do so in all the circumstances. 15
(5) A regulation may prescribe matters that may, or must, be 16
taken into account by the court when considering whether it is 17
just to make the order. 18
(6) The court may make any order about costs that the court 19
considers just. 20
Division 2 Powers of other persons 21
123 What this division is about 22
(1) This division is about the powers that may be used-- 23
(a) to enable the council to perform its responsibilities; or 24
(b) to ensure a person complies with this Act, and the other 25
local government related laws, including by complying 26
with a remedial notice. 27
(2) A remedial notice is a notice-- 28
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(a) that the council gives to the owner of a property within 1
Brisbane; and 2
(b) that requires action to be taken in relation to the 3
property under a local government related law 4
(including fencing a pool, for example). 5
(3) This division explains the circumstances in which a person is 6
authorised to enter a property under this division, namely-- 7
(a) in a potentially dangerous situation, to take urgent 8
action; or 9
(b) to take action in relation to council facilities on the 10
property (including water or sewerage pipes, for 11
example); or 12
(c) with (and in accordance with) the permission of the 13
occupier of the property; or 14
(d) with (and in accordance with) a court order; or 15
(e) with (and in accordance with) reasonable written notice. 16
(4) Reasonable written notice is a written notice, given at least 7 17
days before a property is to be entered, that informs the owner 18
and the occupier of the property of-- 19
(a) the council's intention to enter the property; and 20
(b) the reason for entering the property; and 21
(c) the days and times when the property is to be entered. 22
(5) The following persons may enter a property under this 23
division-- 24
(a) if the occupier of the property is not the owner of the 25
property--the owner or the owner's employee; 26
(b) a council worker. 27
(6) A council worker is an employee, or agent, of the council who 28
is authorised by the council to act under this division. 29
(7) However, the council may authorise an employee or agent to 30
act under this division only if the employee or agent is 31
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appropriately qualified or trained to exercise a power or 1
perform a responsibility under this division. 2
(8) The council must give each council worker an identity card. 3
(9) Force must not be used to enter a property under this division, 4
unless the property is entered under a court order that 5
specifically authorises the use of that force. 6
124 Entry with, and in accordance with, permission of 7
occupier 8
(1) Any person may enter a property with the permission of the 9
occupier of the property. 10
(2) However, the right to enter the property-- 11
(a) is subject to any conditions that the occupier imposes 12
(including about the times when the property may be 13
entered, for example); and 14
(b) may be cancelled by the occupier at any time. 15
125 Entry by an owner, with reasonable written notice, under 16
a remedial notice 17
(1) This section applies if-- 18
(a) the council gives a remedial notice to the owner of a 19
property; and 20
(b) the owner is not the occupier of the property. 21
(2) After the owner gives reasonable written notice to the 22
occupier of the property, the owner or the owner's employee 23
may-- 24
(a) enter the property at any reasonable time; and 25
(b) take the action that is required under the remedial 26
notice. 27
(3) If the occupier asks to inspect the remedial notice, the owner 28
must allow the occupier to inspect the remedial notice. 29
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(4) If the occupier refuses to allow the owner to enter the property 1
and the owner informs the council of that, the owner is not 2
liable for failing to comply with the remedial notice. 3
(5) This section does not affect any rights that the owner has apart 4
from this section. 5
126 Occupier may discharge owner's obligations 6
(1) This section applies if-- 7
(a) the owner of a property fails-- 8
(i) to take the action in relation to the property that is 9
required under a remedial notice; or 10
(ii) to pay money that is payable in relation to the 11
property under a local government related law 12
(including rates, for example); and 13
(b) the occupier of the property is not the owner of the 14
property. 15
(2) The occupier of the property may-- 16
(a) take the action that is required, and recover the amount 17
that the occupier properly and reasonably incurs in 18
taking the action as a debt payable by the owner; or 19
(b) pay the money that is payable, and recover the money as 20
a debt payable by the owner. 21
(3) For example, if the occupier is the owner's tenant, the 22
occupier may deduct the money from any rent that the 23
occupier owes the owner, without being in breach of the 24
tenancy agreement. 25
127 Entry by a council worker, with reasonable written 26
notice, under a remedial notice 27
(1) This section applies if-- 28
(a) the council gives a remedial notice to the owner of a 29
property; and 30
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(b) both the owner and the occupier of the property fail to 1
take the action required under the remedial notice. 2
(2) After giving reasonable written notice to the owner and the 3
occupier of the property, a council worker may-- 4
(a) enter the property (other than a home on the property) 5
without the permission of the occupier; and 6
(b) take the action that is required under the remedial 7
notice. 8
(3) However, the council worker must, as soon as the council 9
worker enters the property-- 10
(a) inform any occupier of the property-- 11
(i) of the reason for entering the property; and 12
(ii) that the council worker is authorised under this Act 13
to enter the property without the permission of the 14
occupier; and 15
(b) produce his or her identity card for the occupier of the 16
property to inspect. 17
(4) The council may recover the amount that the council properly 18
and reasonably incurs in taking the action as a debt payable by 19
the person who failed to take the action. 20
(5) If both the owner and the occupier failed to take the action, 21
the owner and the occupier are jointly and severally liable for 22
the debt. 23
(6) The council must give the person who failed to take the action 24
written notice of the amount of the debt. 25
(7) If the debt is not paid within 30 days after the date of the 26
written notice, the council may recover the debt as if the debt 27
were overdue rates. 28
(8) Interest is payable on the debt at the same rate that interest is 29
payable on overdue rates levied by the council. 30
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128 Entry by a council worker, with reasonable written 1
notice, to take materials 2
(1) This section applies if, in the circumstances, the council has 3
no other reasonably practicable way of obtaining materials 4
other than by removing the materials from relevant land. 5
(2) Relevant land means land, other than protected land, that is-- 6
(a) within Brisbane; or 7
(b) if the council has the written approval of the Minister, 8
under section 11(4)(b)(i), to exercise its powers outside 9
of Brisbane--outside of Brisbane; or 10
(c) if the council may exercise a power in another local 11
government's area for the purpose of a joint government 12
activity--within the other local government's area. 13
(3) Protected land is land that is-- 14
(a) the site of, or curtilage around, a home or other 15
structure; or 16
(b) a court, lawn, park, planted walk or avenue or yard; or 17
(c) under cultivation (including a garden, nursery or 18
plantation, for example); or 19
(d) a State forest or timber reserve under the Forestry Act; 20
or 21
(e) a protected area under the Nature Conservation Act 22
1992. 23
(4) After giving reasonable written notice to the owner and the 24
occupier of the rateable land, a council worker may-- 25
(a) enter the land without the permission of the occupier of 26
the land; and 27
(b) search for materials that the council requires to perform 28
its responsibilities; and 29
(c) remove the materials from the land. 30
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Example-- 1
The council may remove dirt from the land for use in mopping up an oil 2
spill on a neighbouring road to prevent the oil entering a stormwater 3
drain. 4
(5) However, the council worker must, as soon as the council 5
worker enters the property-- 6
(a) inform any occupier of the property-- 7
(i) of the reason for entering the property; and 8
(ii) that the council worker is authorised under this Act 9
to enter the property without the permission of the 10
occupier; and 11
(b) produce his or her identity card for the occupier of the 12
property to inspect. 13
(6) The council worker must not search for, or remove materials 14
from, within 50m of any structure or works on the land 15
(including a home, bridge, dam or wharf, for example). 16
129 Entry by a council worker, at reasonable times, to repair 17
etc. facilities 18
(1) At all reasonable times, a council worker may enter a property 19
(other than a home on the property) without the permission of 20
the occupier of the property-- 21
(a) to investigate the future installation of council facilities 22
on, over or under the property; or 23
(b) to install council facilities on, over or under the 24
property; or 25
(c) to inspect, maintain, operate, repair, replace or remove 26
council facilities, that are on, over or under the property, 27
for their routine operations. 28
(2) Council facilities are facilities that are installed by the council 29
(including sewerage pipes, for example). 30
(3) However, the council worker must, as soon as the council 31
worker enters the property-- 32
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(a) inform any occupier of the property-- 1
(i) of the reason for entering the property; and 2
(ii) that the council worker is authorised under this Act 3
to enter the property without the permission of the 4
occupier; and 5
(b) produce his or her identity card for the occupier of the 6
property to inspect. 7
130 Entry by a council worker, at any time, for urgent action 8
(1) A council worker may enter a property (other than a home on 9
the property), at any time without the permission of the 10
occupier of the property, in a potentially dangerous situation 11
to take urgent action for local government purposes. 12
Example-- 13
A council worker may enter a property to cut down a tree that was 14
blown over in a storm and is in danger of falling and injuring someone 15
or damaging property. 16
(2) However, the council worker must, as soon as reasonably 17
practicable after the council worker enters the property-- 18
(a) inform any occupier of the property-- 19
(i) of the reason for entering the property; and 20
(ii) that the council worker is authorised under this Act 21
to enter the property without the permission of the 22
occupier; and 23
(b) produce his or her identity card for the occupier of the 24
property to inspect. 25
131 Entry with, and in accordance with, a court order 26
(1) A person may enter a property with, and in accordance with, a 27
court order made under this section. 28
(2) The person must apply to a magistrate for the court order. 29
(3) The application must-- 30
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(a) be in the form approved by the department's chief 1
executive; and 2
(b) be sworn; and 3
(c) state the grounds on which the court order is sought. 4
(4) The person must, as soon as practicable, give a copy of the 5
application to-- 6
(a) if the person is not the owner of the property--the 7
owner of the property; and 8
(b) the occupier of the property. 9
(5) The magistrate may refuse to consider the application until the 10
person gives the magistrate all the information that the 11
magistrate requires about the application in the way that the 12
magistrate requires. 13
Example-- 14
The magistrate may require additional information supporting the 15
application to be given by statutory declaration. 16
(6) If the magistrate is satisfied that entry to the property is 17
necessary to allow the person to take action under any of the 18
local government related laws, the magistrate may make the 19
court order. 20
(7) The court order must-- 21
(a) direct the occupier of the property to allow the person to 22
enter the property and take all action that is necessary 23
under any local government related law; and 24
(b) state the hours of the day or night when the property 25
may be entered; and 26
(c) state the day (within 14 days after the court order is 27
made) when the court order ends. 28
(8) If the person who applied for the court order is a council 29
worker, the court order may authorise the council worker to 30
use necessary and reasonable help and force to enter the 31
property. 32
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(9) The magistrate must record the reasons for making the court 1
order. 2
(10) As soon as the person enters the property under the court 3
order, the person must do, or make a reasonable attempt to do, 4
the following things-- 5
(a) inform any occupier of the property-- 6
(i) of the reason for entering the property; and 7
(ii) that the person is authorised under the court order 8
to enter the property without the permission of the 9
occupier; 10
(b) if the court order authorises the person to use force to 11
enter the property--give the occupier a reasonable 12
opportunity to allow the person to immediately enter the 13
property without using force. 14
132 Compensation for damage or loss caused 15
(1) A council worker who enters a property-- 16
(a) must not cause, or contribute to, damage to any structure 17
or works on the property; and 18
(b) must take all reasonable steps to ensure the worker 19
causes as little inconvenience, and does as little other 20
damage, as is practicable in the circumstances. 21
(2) If a person incurs damage or loss because of the exercise, or 22
purported exercise, of a power under this division (including 23
the loss of the value of materials removed from a property, or 24
the reduction in the value of the property, for example), the 25
council must pay the person compensation. 26
(3) The compensation equals-- 27
(a) the amount agreed between the person and the council; 28
or 29
(b) if the person and the council can not agree, the amount 30
that is decided by a court. 31
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(4) The court may make any order about costs that the court 1
considers just. 2
133 Limitation of time in absence of notice of work done 3
(1) This section applies if work is done on a property without an 4
approval that is required under a local government related law. 5
(2) For the purposes of any limitation of time for taking any 6
proceedings or doing anything else about the work, the work 7
is taken to have been done when a council worker first finds 8
out about the work. 9
Part 3 Investigation of council records 10
Division 1 Introduction 11
134 What this part is about 12
This part is about investigations conducted by the department 13
or the council into the accuracy of the council's registers or 14
records that are required to be kept under this Act. 15
Division 2 Investigations by department 16
135 Producing authorised officer's identity card 17
(1) This section applies if the department's chief executive directs 18
an authorised officer to exercise a power under this division. 19
(2) The authorised officer may exercise the power, in relation to a 20
person, only if the officer-- 21
(a) first produces his or her identity card for the person to 22
inspect; or 23
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(b) has his or her identity card displayed so it is clearly 1
visible to the person. 2
136 Making of inquiries for department 3
(1) This section applies if the department's chief executive 4
suspects or believes, on reasonable grounds, that information 5
included in a register or record of the council is incorrect 6
because of an error or omission. 7
(2) An authorised officer, if directed by the department's chief 8
executive, may make all inquiries the chief executive 9
considers to be reasonable to find out whether and to what 10
extent the register or record is incorrect. 11
137 Power to require information or document for department 12
investigation 13
(1) This section applies if the department's chief executive 14
suspects or believes, on reasonable grounds, that-- 15
(a) either or both of the following apply-- 16
(i) information included in a register or record of the 17
council is incorrect because of an error or 18
omission; 19
(ii) an offence against this Act has been committed 20
relating to a register or record; and 21
(b) a person-- 22
(i) is able to give information about the error, 23
omission or offence; or 24
(ii) holds a document relating to the error, omission or 25
offence. 26
(2) The department's chief executive or, if directed by the 27
department's chief executive, an authorised officer may 28
require the person to give the information or produce the 29
document. 30
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(3) When making the requirement, the department's chief 1
executive or authorised officer must warn the person it is an 2
offence to fail to comply with the requirement unless the 3
person has a reasonable excuse. 4
(4) The person must comply with the requirement unless the 5
person has a reasonable excuse. 6
Maximum penalty--40 penalty units. 7
(5) If the person is an individual, it is a reasonable excuse for 8
failing to comply with the requirement that giving the 9
information or producing the document might tend to 10
incriminate the person. 11
(6) It is a defence in a prosecution under subsection (4) that the 12
information or document sought by the department's chief 13
executive or authorised officer is not relevant to the error, 14
omission or offence. 15
(7) If the person produces the document to the department's chief 16
executive or authorised officer, the chief executive or 17
officer-- 18
(a) may keep the document to take an extract from it or 19
make a copy of it; and 20
(b) must return the document to the person as soon as 21
practicable after taking the extract or making the copy. 22
Division 3 Investigations by council 23
138 Producing authorised person's identity card 24
(1) This section applies if the chief executive officer directs an 25
authorised person to exercise a power under this division. 26
(2) The authorised person may exercise the power, in relation to 27
another person, only if the authorised person-- 28
(a) first produces his or her identity card for the other 29
person to inspect; or 30
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(b) has his or her identity card displayed so it is clearly 1
visible to the other person. 2
139 Making of inquiries for council 3
(1) This section applies if the chief executive officer suspects or 4
believes, on reasonable grounds, that information included in 5
a register or record of the council is incorrect because of an 6
error or omission. 7
(2) The chief executive officer or, if directed by the chief 8
executive officer, an authorised person may make all inquiries 9
the chief executive officer considers to be reasonable to find 10
out whether and to what extent the register or record is 11
incorrect. 12
140 Power to require information or document for council 13
investigation 14
(1) This section applies if the chief executive officer suspects or 15
believes, on reasonable grounds, that-- 16
(a) either or both of the following apply-- 17
(i) information included in a register or record of the 18
council is incorrect because of an error or 19
omission; 20
(ii) an offence against this Act has been committed 21
relating to a register or record; and 22
(b) a person-- 23
(i) is able to give information about the error, 24
omission or offence; or 25
(ii) holds a document relating to the error, omission or 26
offence. 27
(2) The chief executive officer or, if directed by the chief 28
executive officer, an authorised person may require the person 29
to give the information or produce the document. 30
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(3) When making the requirement, the chief executive officer or 1
authorised person must warn the person it is an offence to fail 2
to comply with the requirement unless the person has a 3
reasonable excuse. 4
(4) The person must comply with the requirement unless the 5
person has a reasonable excuse. 6
Maximum penalty--40 penalty units. 7
(5) If the person is an individual, it is a reasonable excuse for 8
failing to comply with the requirement that giving the 9
information or producing the document might tend to 10
incriminate the person. 11
(6) It is a defence in a prosecution under subsection (4) that the 12
information or document sought by the chief executive officer 13
or authorised person is not relevant to the error, omission or 14
offence. 15
(7) If the person produces the document to the chief executive 16
officer or authorised person, the chief executive or authorised 17
person-- 18
(a) may keep the document to take an extract from it or 19
make a copy of it; and 20
(b) must return the document to the person as soon as 21
practicable after taking the extract or making the copy. 22
141 Referral to department 23
(1) This section applies if, because of inquiries made under this 24
division, the chief executive officer concludes on reasonable 25
grounds that an offence has been committed under this Act 26
relating to a register or record. 27
(2) The chief executive officer must report the chief executive 28
officer's conclusion, including the reasons for the conclusion, 29
to the department's chief executive. 30
(3) Subsection (2) does not limit any duty the chief executive 31
officer may have under the Crime and Misconduct Act to 32
notify the CMC of any complaint, information or matter that 33
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Part 4 Offences
[s 142]
the chief executive officer suspects involves, or may involve, 1
official misconduct under that Act. 2
(4) The CMC means the Crime and Misconduct Commission 3
established under the Crime and Misconduct Act. 4
142 Chief executive officer not subject to direction 5
The chief executive officer is not subject to direction by the 6
mayor in acting under this division. 7
Part 4 Offences 8
143 Obstructing enforcement of this Act or local laws etc. 9
(1) A person must not obstruct an official in the exercise of a 10
power under this Act or a local law, unless the person has a 11
reasonable excuse. 12
Maximum penalty--50 penalty units. 13
(2) An official is any of the following persons-- 14
(a) the Minister; 15
(b) the department's chief executive; 16
(c) an authorised officer; 17
(d) an investigator; 18
(e) the chief executive officer; 19
(f) an authorised person. 20
(3) A person must not obstruct a council worker in the exercise of 21
a power under chapter 5, part 2, division 2, unless the person 22
has a reasonable excuse. 23
Maximum penalty--50 penalty units. 24
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Part 4 Offences
[s 144]
(4) If a person has obstructed an official or council worker and the 1
official or worker decides to proceed with the exercise of the 2
power, the official or worker must warn the person that-- 3
(a) it is an offence to obstruct the official or worker, unless 4
the person has a reasonable excuse; and 5
(b) the official or worker considers the person's conduct an 6
obstruction. 7
(5) A person must not pull down, damage, deface or destroy a 8
board or anything else that is displaying a local law, order, 9
notice or other matter authorised by the council. 10
Maximum penalty for subsection (5)--35 penalty units. 11
144 Impersonating an authorised person 12
A person must not pretend to be an authorised person. 13
Maximum penalty--50 penalty units. 14
145 Duty to make documents available 15
A person who has charge of a document owned or held by the 16
council must not obstruct the viewing or copying of the 17
document by another person who is authorised to view or 18
copy the document under this Act. 19
Examples-- 20
· preventing a councillor from copying a council record under section 21
167 22
· preventing the public from viewing a record under section 175(12) 23
Maximum penalty--10 penalty units. 24
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Chapter 6 Administration
Part 1 Introduction
[s 146]
Chapter 6 Administration 1
Part 1 Introduction 2
146 What this chapter is about 3
(1) This chapter contains provisions about-- 4
(a) persons who are elected or appointed to perform 5
responsibilities under this Act; and 6
(b) bodies that perform responsibilities under this Act. 7
(2) For example, this chapter contains provisions about-- 8
(a) qualifications for election or appointment; and 9
(b) acting appointments; and 10
(c) conditions of appointment; and 11
(d) ending appointments. 12
Part 2 Councillors 13
Division 1 Qualifications of councillors 14
147 Qualifications of councillors 15
A person is qualified to be a councillor of the council only if 16
the person-- 17
(a) resides in Brisbane; and 18
(b) is, under the Electoral Act, an enrolled elector for an 19
electoral district in Brisbane; and 20
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[s 148]
(c) is not disqualified from being a councillor because of a 1
section in this division. 2
148 Disqualification for certain offences 3
(1) A person can not be a councillor-- 4
(a) after the person is convicted of a treason offence, unless 5
the person is pardoned for the treason offence; or 6
(b) for 10 years after the person is convicted of an electoral 7
offence; or 8
(c) for 7 years after the person is convicted of a bribery 9
offence; or 10
(d) for 4 years after the person is convicted of an integrity 11
offence. 12
(2) A treason offence is an offence of treason, sedition or 13
sabotage under the law of Queensland, another State or the 14
Commonwealth. 15
(3) An electoral offence is-- 16
(a) a disqualifying electoral offence under the Electoral 17
Act; or 18
(b) an offence that would be a disqualifying electoral 19
offence had the conviction been recorded after the 20
commencement of the Electoral and Other Acts 21
Amendment Act 2002. 22
(4) A bribery offence is an offence against-- 23
(a) section 98C of the Criminal Code; or 24
(b) a corresponding law of another State or the 25
Commonwealth; or 26
(c) another offence prescribed under a regulation. 27
(5) An integrity offence is an offence against-- 28
(a) section 168, 169, 170, 171(3) or 210; or 29
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[s 149]
(b) section 98B, 98E or 98G(a) or (b) of the Criminal Code; 1
or 2
(c) another offence prescribed under a regulation. 3
(6) A person automatically stops being a councillor when the 4
person is convicted of-- 5
(a) a treason offence; or 6
(b) an electoral offence; or 7
(c) a bribery offence; or 8
(d) an integrity offence. 9
(7) A person is taken to have been convicted of an offence-- 10
(a) if the person appeals the conviction--when the appeal is 11
dismissed, struck out or discontinued; or 12
(b) if the person does not appeal the conviction--at the end 13
of the time within which an appeal must by law be 14
started. 15
149 Disqualification of prisoners 16
(1) A person can not be a councillor while the person is a 17
prisoner. 18
(2) A prisoner is a person who-- 19
(a) is serving a period of imprisonment; or 20
(b) is liable to serve a period of imprisonment, even though 21
the person has been released from imprisonment (on 22
parole or leave of absence, for example). 23
(3) A person automatically stops being a councillor when the 24
person becomes a prisoner. 25
150 Disqualification because of other high office 26
(1) A person can not be a councillor while the person is a 27
government member. 28
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[s 151]
(2) A government member is-- 1
(a) a member of a Parliament of the Commonwealth or a 2
State (including Queensland); or 3
(b) a councillor of a local government of another State. 4
(3) A person automatically stops being a councillor when the 5
person becomes-- 6
(a) a government member; or 7
(b) a candidate for election as a member of the Legislative 8
Assembly. 9
151 Disqualification during bankruptcy 10
(1) A person can not be a councillor while the person is a 11
bankrupt. 12
(2) A person is a bankrupt if, under a bankruptcy law-- 13
(a) the person is an undischarged bankrupt; or 14
(b) the person has executed a deed of arrangement, and the 15
terms of the deed have not been fully complied with; or 16
(c) the person's creditors have accepted a composition, and 17
a final payment has not been made under the 18
composition. 19
(3) A bankruptcy law is-- 20
(a) the Bankruptcy Act 1966 (Cwlth); or 21
(b) a corresponding law of another jurisdiction, including a 22
jurisdiction outside Australia. 23
(4) A person automatically stops being a councillor when the 24
person becomes a bankrupt. 25
152 Judicial review of qualifications 26
(1) Any person who is entitled to vote in a council election may 27
apply for a judicial review of the eligibility, or continued 28
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Chapter 6 Administration
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[s 153]
eligibility, of a person to be a councillor on the basis that the 1
person is disqualified under this division. 2
(2) This section does not limit the Judicial Review Act. 3
153 Acting as councillor without authority 4
A person must not act as a councillor if the person knows 5
that-- 6
(a) the person is not qualified to be a councillor; or 7
(b) the person's office as a councillor has been vacated. 8
Maximum penalty--85 penalty units. 9
Division 2 Councillor's term of office 10
154 When a councillor's term starts 11
A councillor's term starts on-- 12
(a) if the councillor is elected--the day after the conclusion 13
of the councillor's election; or 14
(b) if the councillor is appointed--the day on which the 15
councillor is appointed. 16
155 When a councillor's term ends 17
A councillor's term ends-- 18
(a) if the councillor is elected at quadrennial elections for 19
the council or at a fresh election--at the conclusion of 20
the next quadrennial elections; or 21
(b) if the councillor is elected at a fresh election and a 22
declaration is also made under a regulation--at the 23
conclusion of the quadrennial elections after the next 24
quadrennial elections; or 25
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[s 156]
(c) if the councillor is elected or appointed to fill a vacancy 1
in the office of another councillor--at the end of the 2
other councillor's term; or 3
(d) when the councillor's office becomes otherwise vacant. 4
Note-- 5
See section 157 for an explanation of when this happens. 6
Division 3 Vacancies in councillor's office 7
156 What this division is about 8
(1) This division is about when a councillor's office becomes 9
vacant, and the way in which the vacancy is to be filled. 10
(2) The way in which a vacancy is to be filled depends on-- 11
(a) whether the vacancy is in the office of the mayor or of 12
another councillor; and 13
(b) if the vacancy is in the office of another 14
councillor--whether the office becomes vacant during 15
the beginning, middle or end of the council's term. 16
(3) The beginning of the council's term is the period of 12 17
months that-- 18
(a) starts on the day when the last quadrennial elections 19
were held; and 20
(b) ends on the day before the first anniversary of the last 21
quadrennial elections. 22
(4) The middle of the council's term is the period of 24 months 23
that-- 24
(a) starts on the first anniversary of the last quadrennial 25
elections; and 26
(b) ends on the day before the final part of the council's 27
term starts. 28
(5) The final part of the council's term is the period that-- 29
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[s 157]
(a) starts 36 months after the last quadrennial elections 1
were held; and 2
(b) ends on the day before the next quadrennial elections are 3
held. 4
157 When a councillor's office becomes vacant 5
A councillor's office becomes vacant if the councillor-- 6
(a) ceases to be qualified to be a councillor under division 7
1; or 8
(b) is found, on a judicial review, to be ineligible to 9
continue to be a councillor; or 10
(c) does not comply with section 164; or 11
(d) is absent, without the council's leave, from 2 or more 12
consecutive ordinary meetings of the council over at 13
least 2 months; or 14
(e) resigns as a councillor by signed notice of resignation 15
given to the chief executive officer; or 16
(f) dies; or 17
(g) becomes a council employee. 18
158 When a vacancy in an office must be filled 19
(1) This section explains when a vacant office of a councillor 20
(including the mayor) must be filled. 21
(2) If a councillor's office (other than the mayor's office) 22
becomes vacant 12 months or more before quadrennial 23
elections are required to be held, the council must fill the 24
vacant office. 25
(3) If the mayor's office becomes vacant before quadrennial 26
elections are required to be held, the council must fill the 27
vacant office. 28
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Chapter 6 Administration
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[s 159]
(4) The council must fill the vacant office within 2 months after 1
the office becomes vacant. 2
(5) If the council does not do so, the Governor in Council may 3
appoint a qualified person to fill the vacant office. 4
(6) If a councillor's office (other than the mayor's office) 5
becomes vacant within 3 months of when quadrennial 6
elections are required to be held, the council may decide not 7
to fill the vacant office. 8
159 Filling a vacancy in the office of mayor 9
(1) This section applies if the council is to fill a vacant office of a 10
mayor. 11
(2) The vacant office must be filled by-- 12
(a) if the mayor's office becomes vacant 12 months or less 13
before quadrennial elections are required to be 14
held--appointing another councillor to the office; or 15
(b) otherwise--a by-election. 16
160 Acting mayor 17
(1) The deputy mayor acts for the mayor during-- 18
(a) the absence or temporary incapacity of the mayor; or 19
(b) a vacancy in the office of mayor. 20
(2) If-- 21
(a) the office of mayor is vacant and the deputy mayor is 22
prevented, by absence or temporary incapacity, from 23
acting as the mayor; or 24
(b) the mayor and deputy mayor are both prevented, by 25
absence or temporary incapacity, from performing the 26
role of mayor; or 27
(c) the offices of both the mayor and deputy mayor are 28
vacant; 29
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Chapter 6 Administration
Part 2 Councillors
[s 161]
the council may, by resolution, appoint an acting mayor from 1
its councillors. 2
(3) The council may, by resolution, declare that the office of 3
deputy mayor is vacant. 4
(4) The resolution may be passed only if written notice of the 5
resolution has been given to the councillors at least 14 days 6
before the meeting. 7
(5) If the council declares that the office of deputy mayor is 8
vacant, it must immediately appoint another deputy mayor 9
from its councillors. 10
161 Filling a vacancy in the office of another councillor 11
(1) This section applies if the council is to fill a vacant office of a 12
councillor (the former councillor) who is not the mayor. 13
(2) If the office becomes vacant during the beginning or middle of 14
the council's term, the council must fill the vacant office by a 15
by-election. 16
(3) If the office becomes vacant during the final part of the 17
council's term, the vacant office must be filled by appointing a 18
person who is-- 19
(a) qualified to be a councillor; and 20
(b) if the former councillor was elected or appointed to 21
office as a political party's nominee--the political 22
party's nominee. 23
(4) If the person who is to be appointed is to be the political 24
party's nominee, the chief executive officer must request the 25
political party to advise the full name and address of its 26
nominee. 27
(5) The request must be made by a written notice given to the 28
political party's registered officer, within 14 days after the 29
office becomes vacant. 30
(6) If the person who is to be appointed need not be a political 31
party's nominee, the chief executive officer must, within 14 32
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Part 2 Councillors
[s 162]
days after the office becomes vacant, invite nominations 1
from-- 2
(a) any person who is qualified to be a councillor, by 3
written notice published-- 4
(i) in a newspaper that is circulating generally in 5
Brisbane; and 6
(ii) on the council's website; and 7
(b) each person who was a candidate for the office of the 8
former councillor at the last quadrennial elections for 9
the council, by written notice. 10
(7) If the chief executive officer receives any nominations from 11
qualified persons or candidates, the council must fill the 12
vacant office by appointing one of those persons or 13
candidates. 14
Division 4 Councillors with other jobs 15
162 Councillors and council jobs 16
If a person becomes a councillor while the person is a council 17
employee, the person is taken to have resigned as a council 18
employee on the day before the person becomes a councillor. 19
163 Councillors and full-time government jobs 20
(1) A person can not be a councillor and have a full-time 21
government job at the same time. 22
(2) A person has a full-time government job if-- 23
(a) the person holds a full-time appointment with a 24
government entity or the parliamentary service; and 25
(b) the person or someone else (including a family member, 26
for example) is entitled to a reward because the person 27
has the job. 28
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Chapter 6 Administration
Part 2 Councillors
[s 163]
(3) Subsection (1) does not apply if-- 1
(a) the councillor, before accepting the full-time 2
government job-- 3
(i) signs a waiver that irrevocably waives the 4
entitlement to the reward; and 5
(ii) gives a copy of the waiver to the mayor or, if the 6
councillor is the mayor, to the chief executive 7
officer; or 8
(b) an Act expressly requires or allows the councillor to 9
have the full-time government job (including by 10
requiring the councillor to be a member of a board or 11
tribunal, for example). 12
(4) If a councillor purports to accept an appointment in 13
contravention of subsection (1), the appointment is void. 14
(5) If a person becomes a councillor while the person has a 15
full-time government job, the person is taken to have resigned 16
from the full-time government job on the day before the 17
person became a councillor. 18
(6) This section does not stop a councillor from-- 19
(a) having a part-time government job; or 20
(b) converting a full-time government job to a part-time 21
government job, before the person becomes a councillor. 22
(7) If a full-time government job is converted to a part-time 23
government job by a councillor, the conversion does not-- 24
(a) prejudice the councillor's existing or accrued rights to 25
superannuation or recreation, sick, long service or other 26
leave; or 27
(b) interrupt continuity of the councillor's service; or 28
(c) constitute a termination of employment, retrenchment or 29
redundancy. 30
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Chapter 6 Administration
Part 2 Councillors
[s 164]
Division 5 Obligations of councillors 1
164 Obligations of councillors before acting in office 2
(1) A councillor must not act in office until the councillor makes 3
the declaration of office. 4
(2) The declaration of office is a declaration prescribed under a 5
regulation. 6
(3) The chief executive officer is authorised to take the 7
declaration of office. 8
(4) The chief executive officer must keep a record of the taking of 9
the declaration of office. 10
(5) A person ceases to be a councillor if the person does not 11
comply with subsection (1) within-- 12
(a) 1 month after being appointed or elected; or 13
(b) a longer period allowed by the Minister. 14
165 Giving directions to council staff 15
(1) The mayor may give a direction to the chief executive officer 16
or senior contract employees. 17
(2) No councillor, including the mayor, may give a direction to 18
any other council employee. 19
166 Requests for help or advice 20
(1) A councillor may request a council employee provide advice 21
to help the councillor make a decision. 22
(2) The request must comply with-- 23
(a) the acceptable requests guidelines; and 24
(b) if the request is made of a council employee, other than 25
the chief executive officer--the advice guidelines. 26
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Chapter 6 Administration
Part 2 Councillors
[s 166]
(3) A councillor may request the chief executive officer provide 1
information, that the council has access to, relating to the 2
ward the councillor represents. 3
(4) The request must comply with the acceptable requests 4
guidelines. 5
(5) The acceptable requests guidelines are guidelines, adopted by 6
the council, about reasonable limits on requests that a 7
councillor may make. 8
(6) The advice guidelines are guidelines, adopted by the council, 9
about the way in which a councillor is to ask a council 10
employee for advice to help the councillor to make a decision. 11
Note-- 12
Section 239 provides requirements for the acceptable requests 13
guidelines and advice guidelines. 14
(7) The council must, by resolution, adopt acceptable requests 15
guidelines and advice guidelines. 16
(8) If a councillor requests a council employee provide advice 17
other than under the advice guidelines, the employee must tell 18
the chief executive officer about the request as soon as is 19
practicable. 20
(9) In this section a council employee includes a person 21
prescribed by regulation. 22
(10) Subsection (11) applies if-- 23
(a) a councillor makes a request of the chief executive 24
officer under subsection (1) or (3); and 25
(b) the request complies with the acceptable requests 26
guidelines. 27
(11) The chief executive officer must make all reasonable 28
endeavours to comply with the request. 29
Maximum penalty for subsection (11)--10 penalty units. 30
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Chapter 6 Administration
Part 2 Councillors
[s 167]
167 Inspection of particular records by councillors 1
(1) A councillor may view and make a copy of, or take an extract 2
from, council records. 3
Note-- 4
The Right to Information Act 2009 also provides for access to 5
information. 6
(2) Council records include documents created by or kept by the 7
council about its operations, whether or not the records must 8
be available to be viewed by the public. 9
(3) Subsection (1) does not apply to any of the following-- 10
(a) a record of the BCC councillor conduct review panel; 11
(b) a record that would be privileged from production in a 12
legal proceeding on the ground of legal professional 13
privilege; 14
(c) for a councillor who is not a member of a statutory 15
committee of the council--a record of the statutory 16
committee of the council; 17
(d) another record if-- 18
(i) disclosure of the record would be contrary to an 19
order of a court or tribunal; or 20
(ii) release of the record could endanger the security of 21
assets of the council or the public. 22
168 Use of information by councillors 23
(1) A person who is, or has been, a councillor must not use 24
information that was acquired as a councillor to-- 25
(a) gain, directly or indirectly, a financial advantage for the 26
person or someone else; or 27
(b) cause detriment to the council. 28
Maximum penalty--100 penalty units or 2 years 29
imprisonment. 30
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Chapter 6 Administration
Part 2 Councillors
[s 169]
(2) Subsection (1) does not apply to information that is lawfully 1
available to the public. 2
169 Councillor's material personal interest at a meeting 3
(1) This section applies if-- 4
(a) a matter is to be discussed at a meeting of the council, or 5
any of its committees; and 6
(b) the matter is not an ordinary business matter; and 7
(c) a councillor has a material personal interest in the 8
matter. 9
Note-- 10
See the dictionary for the definition of an ordinary business matter. 11
(2) A councillor has a material personal interest in the matter if 12
any of the following persons stands to gain a benefit, or suffer 13
a loss, (either directly or indirectly) depending on the outcome 14
of the consideration of the matter at the meeting-- 15
(a) the councillor; 16
(b) a spouse of the councillor; 17
(c) a parent, child or sibling of the councillor; 18
(d) a partner of the councillor; 19
(e) an employer (other than a government entity) of the 20
councillor; 21
(f) an entity (other than a government entity) of which the 22
councillor is a member; 23
(g) another person prescribed under a regulation. 24
(3) The councillor must-- 25
(a) inform the meeting of the councillor's material personal 26
interest in the matter; and 27
(b) leave the meeting room (including any area set aside for 28
the public), and stay out of the meeting room while the 29
matter is being discussed and voted on. 30
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Maximum penalty-- 1
(a) if the councillor votes on the matter with an intention to 2
gain a benefit, or avoid a loss, for the councillor or 3
someone else--200 penalty units or 2 years 4
imprisonment; or 5
(b) otherwise--85 penalty units. 6
(4) However, a councillor does not contravene subsection (3) by 7
taking part in the meeting, or being in the chamber where the 8
meeting is being conducted, if-- 9
(a) the councillor is a person to whom approval is given 10
under subsection (5); and 11
(b) the councillor is complying with all conditions on which 12
the approval is given. 13
(5) The Minister may, by signed notice, approve a councillor 14
taking part in the meeting, or being in the chamber where the 15
meeting is being conducted, if-- 16
(a) because of the number of councillors subject to the 17
obligation under this section, conduct of the meeting 18
would be obstructed if the approval were not given; or 19
(b) it appears to the Minister to be in the interests of 20
Brisbane that the approval be given. 21
(6) The Minister may give the approval subject to conditions 22
stated in the notice. 23
(7) The following information must be recorded in the minutes of 24
the meeting, and on the council's website-- 25
(a) the name of the councillor who has the material personal 26
interest, or possible material personal interest, in a 27
matter; 28
(b) the nature of the material personal interest, or possible 29
material personal interest, as described by the 30
councillor; 31
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[s 170]
(c) whether the councillor took part in the meeting, or was 1
in the chamber during the meeting, under an approval 2
under subsection (5). 3
170 Councillor's conflict of interest at a meeting 4
(1) This section applies if-- 5
(a) a matter is to be discussed at a meeting of the council, or 6
any of its committees; and 7
(b) a councillor has a conflict of interest, or could 8
reasonably be taken to have a conflict of interest, in the 9
matter. 10
(2) The councillor must inform the meeting about the councillor's 11
interest in the matter. 12
Maximum penalty--100 penalty units. 13
(3) A conflict of interest is a conflict between-- 14
(a) a councillor's personal interests (including personal 15
interests arising from the councillor's relationships or 16
club memberships, for example); and 17
(b) the public interest; 18
that might lead to a decision that is contrary to the public 19
interest. 20
(4) If the other persons who are entitled to vote at the meeting are 21
informed about a councillor's interest in a matter, by the 22
councillor or someone else, the other persons must-- 23
(a) decide whether the councillor has a conflict of interest, 24
or could reasonably be taken to have a conflict of 25
interest, in the matter; and 26
(b) if the other persons decide that is the case--direct the 27
councillor to leave the meeting room (including any area 28
set aside for the public), and stay out of the meeting 29
room while the matter is being discussed and voted on. 30
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Chapter 6 Administration
Part 2 Councillors
[s 171]
(5) The councillor must comply with the decision, unless the 1
councillor has a reasonable excuse. 2
Maximum penalty--100 penalty units. 3
(6) Subsections (4) and (5) do not apply if a majority of the 4
councillors at a meeting inform the meeting under subsection 5
(2). 6
(7) The following must be recorded in the minutes of the meeting, 7
and on the council's website-- 8
(a) the name of the councillor who has a conflict of interest, 9
or could reasonably be taken to have a conflict of 10
interest; 11
(b) the nature of the interest, as described by the councillor; 12
(c) if the councillor voted on the matter--how the 13
councillor voted on the matter; 14
(d) how the majority of persons who were entitled to vote at 15
the meeting voted on the matter. 16
171 Duty to report another councillor's material personal 17
interest, conflict of interest or misconduct 18
(1) This section applies if a councillor knows, or suspects on 19
reasonable grounds, that another councillor has-- 20
(a) a material personal interest, or conflict of interest, in a 21
matter before the council; or 22
(b) engaged in misconduct. 23
(2) The councillor must, as soon as is practicable, report to-- 24
(a) for a material personal interest or conflict of interest that 25
arises at a meeting of the council, or any of its 26
committees--the person who is presiding over the 27
meeting; or 28
(b) otherwise--the chief executive officer. 29
(3) A person commits an offence if the person-- 30
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[s 172]
(a) prejudices, or threatens to prejudice, the safety or career 1
of another person because that other person or someone 2
else complied with subsection (2); or 3
(b) intimidates or harasses, or threatens to intimidate or 4
harass, another person because that other person or 5
someone else complied with subsection (2); or 6
(c) takes any action that is, or is likely to be, detrimental to 7
another person because that other person or someone 8
else complied with subsection (2). 9
Maximum penalty for subsection (3)--100 penalty units or 2 10
years imprisonment. 11
172 Post-election meetings 12
(1) The council must hold a meeting within 14 days after-- 13
(a) the conclusion of each quadrennial election; and 14
(b) the conclusion of a fresh election of its councillors. 15
(2) The council must, by resolution, appoint a deputy mayor from 16
its councillors (other than the mayor)-- 17
(a) at that meeting; and 18
(b) at the first meeting after the office of the councillor who 19
is the deputy mayor becomes vacant. 20
Division 6 Conduct and performance of 21
councillors 22
173 What this division is about 23
(1) This division is about dealing with complaints about the 24
conduct and performance of councillors, to ensure-- 25
(a) appropriate standards of conduct and performance are 26
maintained; and 27
(b) a councillor who engages in misconduct is disciplined. 28
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[s 173]
(2) A councillor includes a person who is no longer a councillor 1
but who was a councillor when the misconduct is alleged to 2
have happened. 3
(3) Misconduct is conduct, or a conspiracy or attempt to engage 4
in conduct, of or by a councillor-- 5
(a) that adversely affects, or could adversely affect, (either 6
directly or indirectly) the honest and impartial 7
performance of the councillor's responsibilities or 8
exercise of the councillor's powers; or 9
(b) that is or involves-- 10
(i) the performance of the councillor's 11
responsibilities, or the exercise of the councillor's 12
powers, in a way that is not honest or is not 13
impartial; or 14
(ii) a breach of the trust placed in the councillor; or 15
(iii) a misuse of information or material acquired in or 16
in connection with the performance of the 17
councillor's responsibilities, whether the misuse is 18
for the benefit of the councillor or someone else; or 19
(c) that contravenes section 171(2). 20
(4) Inappropriate conduct is conduct that is not appropriate 21
conduct for a representative of the council, but is not 22
misconduct, including, for example-- 23
(a) a councillor failing to comply with the council's 24
procedures; or 25
(b) a councillor behaving in an offensive or repeatedly 26
disorderly way in a meeting of the council or any of its 27
committees. 28
(5) It is irrelevant whether the conduct that constitutes 29
misconduct was engaged in-- 30
(a) within Queensland or elsewhere; or 31
(b) when the councillor was not exercising the 32
responsibilities of a councillor. 33
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City of Brisbane Bill 2010
Chapter 6 Administration
Part 2 Councillors
[s 173]
(6) In summary, the process for reviewing complaints of 1
misconduct or inappropriate conduct by councillors is as 2
follows-- 3
· assessing complaints--the chief executive officer 4
assesses each complaint and refers the complaints to the 5
relevant entity 6
· notifying the councillor of the hearing of a complaint of 7
misconduct--the entity hearing the complaint notifies 8
the councillor about the hearing of the complaint 9
· hearing and deciding complaints--the entity hearing the 10
complaint decides whether or not the councillor engaged 11
in the conduct complained of and, if so, what is the 12
appropriate disciplinary action to be taken. 13
(7) The BCC councillor conduct review panel is a body, created 14
under this Act, that is responsible for hearing and deciding a 15
complaint of inappropriate conduct or misconduct by a 16
councillor. 17
(8) The tribunal is a body created under the Local Government 18
Act that, for the council, is responsible for hearing and 19
deciding the most serious complaints of misconduct by a 20
councillor. 21
(9) To remove any doubt, a councillor may be dealt with for an 22
act or omission that constitutes misconduct under this Act, 23
and also be dealt with for the same act or omission-- 24
(a) as the commission of an offence; or 25
(b) under the Crime and Misconduct Act 26
(10) A decision under this division by any of the following persons 27
is not subject to appeal-- 28
(a) the BCC councillor conduct review panel; 29
(b) the tribunal; 30
(c) the chief executive officer; 31
(d) the chairperson of the council; 32
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City of Brisbane Bill 2010
Chapter 6 Administration
Part 2 Councillors
[s 174]
(e) a committee chairperson. 1
Note-- 2
See section 221 for more information. 3
174 BCC councillors code of conduct 4
(1) This section is about the BCC councillors code of conduct. 5
(2) The BCC councillors code of conduct is a code of conduct for 6
councillors that, having regard to this Act, states examples of 7
ethical and behavioural obligations for councillors. 8
(3) The council may adopt a BCC councillors code of conduct 9
that is approved by the Minister. 10
(4) The Minister may approve a BCC councillors code of conduct 11
only if the Minister is satisfied the code is consistent with this 12
Act. 13
(5) If the council decides to adopt a BCC councillors code of 14
conduct, the council must-- 15
(a) adopt, by resolution, the code of conduct within 6 16
months after each quadrennial election for the council; 17
and 18
(b) ensure a copy of the code of conduct may be-- 19
(i) viewed by the public at its public office or on its 20
website; and 21
(ii) purchased from the council's public office. 22
(6) A BCC councillors code of conduct adopted under this section 23
has effect until the next BCC councillors code of conduct is 24
adopted by the council. 25
175 Assessing complaints 26
(1) This section applies if the council, or the department's chief 27
executive, makes or receives a complaint about the conduct or 28
performance of a councillor. 29
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Chapter 6 Administration
Part 2 Councillors
[s 175]
(2) The council or department's chief executive must give written 1
notice of the complaint to the chief executive officer. 2
(3) The chief executive officer must assess each complaint to 3
decide whether the complaint-- 4
(a) is about a frivolous matter or was made vexatiously; or 5
(b) is about inappropriate conduct, misconduct, official 6
misconduct or another matter (including a general 7
complaint against the council, for example). 8
(4) If the chief executive officer assesses that the complaint is 9
about a frivolous matter or was made vexatiously, the chief 10
executive officer may decide that no further action be taken in 11
relation to the complaint. 12
(5) If the chief executive officer assesses that the complaint is 13
about inappropriate conduct, the chief executive officer must 14
refer the complaint to the BCC councillor conduct review 15
panel. 16
(6) If the chief executive officer assesses that the complaint is 17
about misconduct, the chief executive officer must refer the 18
complaint to the BCC councillor conduct review panel. 19
(7) If the chief executive officer assesses that the complaint is 20
about official misconduct under the Crime and Misconduct 21
Act, the chief executive officer must deal with the complaint 22
in accordance with that Act. 23
(8) If the chief executive officer assesses that the complaint is 24
about another matter, the chief executive officer must deal 25
with the complaint in an appropriate way. 26
(9) The chief executive officer must give the entity who made the 27
complaint, and the accused councillor, a written notice that 28
states-- 29
(a) the type of complaint that the chief executive officer has 30
assessed the complaint as; and 31
(b) the action (if any) that is proposed to be taken in relation 32
to the complaint; and 33
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City of Brisbane Bill 2010
Chapter 6 Administration
Part 2 Councillors
[s 175]
(c) if the complaint was about a frivolous matter or was 1
made vexatiously--that it is an offence under subsection 2
(10) for a person to make a complaint that is 3
substantially about a matter that the chief executive 4
officer has assessed as being frivolous or vexatious. 5
(10) A person must not make a complaint about the misconduct of 6
a councillor if-- 7
(a) the complaint is substantially the same as a complaint 8
that the person has previously made; and 9
(b) the chief executive officer has given the person a notice 10
that complies with subsection (9). 11
Maximum penalty--10 penalty units. 12
(11) The chief executive officer must keep a record of-- 13
(a) all written complaints received by the chief executive 14
officer; and 15
(b) the outcome of each written complaint, including any 16
disciplinary action or other action that was taken in 17
relation to the complaint. 18
(12) The chief executive officer must ensure the public may view 19
the record at the council's public office or on the council's 20
website. 21
(13) However, subsection (12) does not apply to the record of a 22
written complaint that-- 23
(a) the chief executive officer has assessed as being about a 24
frivolous matter or as having been made vexatiously; or 25
(b) is a public interest disclosure within the meaning of the 26
Whistleblowers Protection Act 1994; or 27
(c) is unsubstantiated. 28
(14) The chief executive officer must publish annually on the 29
council's website the number and nature of written complaints 30
that are unsubstantiated. 31
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City of Brisbane Bill 2010
Chapter 6 Administration
Part 2 Councillors
[s 176]
176 Notifying councillor of the hearing of a complaint 1
(1) If the chief executive officer refers a complaint to the BCC 2
councillor conduct review panel, the panel must give the 3
accused councillor a written notice that informs the councillor 4
about the hearing of the complaint of misconduct. 5
(2) The notice must state-- 6
(a) the misconduct or inappropriate conduct that is alleged 7
to have been engaged in by the councillor; and 8
(b) the time and date when the hearing is to begin; and 9
(c) the place where the complaint is to be heard. 10
(3) The notice must be given to the councillor at least 7 days 11
before the hearing is to begin. 12
(4) If all reasonable attempts to give the notice to the councillor 13
have failed, the entity giving the notice may-- 14
(a) publish the notice, at least 7 days before the hearing is to 15
begin-- 16
(i) in a newspaper that is circulating in Brisbane; and 17
(ii) on the department's website; or 18
(b) direct the council to publish the notice on its website at 19
least 7 days before the hearing is to begin. 20
177 Hearing and deciding complaints 21
(1) This section is about the hearing of a complaint of misconduct 22
by the BCC councillor conduct review panel or tribunal. 23
(2) The BCC councillor conduct review panel or tribunal may 24
hear complaints of misconduct by a number of councillors in 25
the same hearing, unless the defence of any of the councillors 26
may be prejudiced. 27
(3) The hearing must be conducted in the way set out in chapter 7, 28
part 1. 29
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Chapter 6 Administration
Part 2 Councillors
[s 178]
(4) The BCC councillor conduct review panel or tribunal may 1
decide all or part of the hearing from the documents brought 2
before it, without the parties or the witnesses appearing, if-- 3
(a) the panel or tribunal considers it appropriate in all the 4
circumstances; or 5
(b) the parties agree. 6
(5) The standard of proof in the hearing is the balance of 7
probabilities. 8
(6) The BCC councillor conduct review panel or tribunal must 9
keep a written record of the hearing, in which it records-- 10
(a) the statements of the councillor and all witnesses; and 11
(b) any reports relating to the councillor that are tendered at 12
the hearing. 13
178 Taking disciplinary action 14
(1) This section applies if, after hearing a complaint of 15
misconduct, the BCC councillor conduct review panel or 16
tribunal decides that the councillor engaged in misconduct. 17
(2) The BCC councillor conduct review panel may make any 1 or 18
more of the following orders or recommendations that it 19
considers appropriate in view of the circumstances relating to 20
the misconduct-- 21
(a) an order that the councillor be counselled about the 22
misconduct, and how not to repeat the misconduct; 23
(b) an order that the councillor make an admission of error 24
or an apology; 25
(c) an order that the councillor participate in mediation with 26
another person; 27
(d) a recommendation to the department's chief executive to 28
monitor the councillor or the council for compliance 29
with the local government related laws. 30
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Chapter 6 Administration
Part 2 Councillors
[s 178]
(3) However, if the BCC councillor conduct review panel 1
considers that more serious disciplinary action should be 2
taken, the panel must report the matter to the tribunal for the 3
tribunal to take disciplinary action. 4
(4) The tribunal may make any order or recommendation that it 5
considers appropriate in view of the circumstances relating to 6
the misconduct. 7
(5) For example, the tribunal may make any 1 or more of the 8
following orders or recommendations-- 9
(a) an order that the councillor be counselled about the 10
misconduct, and how not to repeat the misconduct; 11
(b) an order that the councillor make an admission of error 12
or an apology; 13
(c) an order that the councillor participate in mediation with 14
another person; 15
(d) a recommendation to the department's chief executive to 16
monitor the councillor or the council for compliance 17
with the local government related laws; 18
(e) an order that the councillor reimburse the council; 19
(f) a recommendation to the Minister that the councillor be 20
suspended for a specified period, either wholly or from 21
performing particular functions; 22
Examples of particular functions-- 23
· attending council meetings or offices 24
· representing the council at public functions 25
(g) a recommendation to the Crime and Misconduct 26
Commission or the Commissioner of Police that the 27
councillor's conduct be further investigated. 28
(6) A recommendation mentioned in subsection (5)(f) may 29
include a recommendation about the details of the suspension. 30
Example of a recommendation about the details of a suspension-- 31
that the suspension be with or without pay 32
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City of Brisbane Bill 2010
Chapter 6 Administration
Part 2 Councillors
[s 179]
(7) When deciding what disciplinary action is appropriate in view 1
of the circumstances relating to the misconduct, the BCC 2
councillor conduct review panel or tribunal may consider-- 3
(a) any misconduct of the councillor in the past; and 4
(b) any allegation made in the hearing that was admitted, or 5
was not challenged. 6
(8) However, the BCC councillor conduct review panel or 7
tribunal may consider an allegation that was not admitted, or 8
was challenged, only if the BCC councillor conduct review 9
panel or tribunal is satisfied that the allegation is true. 10
(9) The degree to which the BCC councillor conduct review panel 11
or tribunal must be satisfied depends on the consequences, 12
that are adverse to the councillor, of finding the allegation to 13
be true. 14
179 Costs of tribunal to be paid by council 15
The council must pay the costs of the tribunal in relation to a 16
complaint of misconduct of a councillor, including the 17
remuneration, allowances and expenses paid to members of 18
the tribunal. 19
180 Inappropriate conduct in meeting of council 20
(1) This section applies to the chairperson of the council or a 21
committee chairperson in addition to any powers they may 22
have under the council's rules of procedure. 23
(2) If inappropriate conduct happens in a meeting of the council 24
or its committees, the chairperson of the meeting may make 25
any 1 or more of the following orders that the chairperson 26
considers appropriate in the circumstances-- 27
(a) an order that the councillor's inappropriate conduct be 28
noted in the minutes of the meeting; 29
(b) an order that the councillor leave the place where the 30
meeting is being held (including any area set aside for 31
Page 156
City of Brisbane Bill 2010
Chapter 6 Administration
Part 3 BCC councillor conduct review panel
[s 181]
the public), and stay out of the place for the rest of the 1
meeting; 2
(c) an order that a councillor who fails to leave the place 3
where the meeting is being held when ordered to do so, 4
be removed from the place. 5
181 Application of Crime and Misconduct Act 6
(1) The council is a unit of public administration for the Crime 7
and Misconduct Act. 8
(2) For any complaint of, or information or matter involving, 9
misconduct by a councillor, a reference to a public official in 10
the Crime and Misconduct Act, section 46(2), is taken to be a 11
reference to-- 12
(a) the department's chief executive; or 13
(b) the chief executive officer. 14
Part 3 BCC councillor conduct review 15
panel 16
182 Appointing members of the BCC councillor conduct 17
review panel 18
(1) The BCC councillor conduct review panel is constituted by at 19
least 3 members that the council chooses from a pool of 20
members appointed, by resolution, by the council. 21
(2) A person is qualified to be a member of the pool of members 22
only if the person-- 23
(a) has extensive knowledge of, and experience in, 1 or 24
more of the following-- 25
(i) local government; 26
(ii) community affairs; 27
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Chapter 6 Administration
Part 3 BCC councillor conduct review panel
[s 182]
(iii) investigations; 1
(iv) law; 2
(v) public administration; 3
(vi) public sector ethics; 4
(vii) public finance; or 5
(b) has the other qualifications and experience that the 6
council considers appropriate. 7
(3) However, a person is not qualified to be a member of the pool 8
of members if the person-- 9
(a) is a councillor of a local government; or 10
(b) is a nominee for election as a councillor; or 11
(c) accepts an appointment as a councillor; or 12
(d) is an employee of the council; or 13
(e) is a contractor of the council; or 14
(f) is a consultant engaged by the council; or 15
(g) is a member of an Australian Parliament; or 16
(h) is a nominee for election as a member of an Australian 17
Parliament; or 18
(i) is a member of a political party; or 19
(j) has a conviction for an indictable offence that is not an 20
expired conviction; or 21
(k) is an insolvent under administration (within the meaning 22
of the Corporations Act, section 9); or 23
(l) is a type of person prescribed under a regulation. 24
(4) A member may be appointed for a term of not longer than 4 25
years. 26
(5) However, a member may be reappointed. 27
(6) A person stops being a member if the person-- 28
(a) completes a term of office but is not reappointed; or 29
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City of Brisbane Bill 2010
Chapter 6 Administration
Part 3 BCC councillor conduct review panel
[s 183]
(b) resigns by signed notice of resignation given to the 1
council; or 2
(c) is removed as a member by the council for misbehaviour 3
or physical or mental incapacity; or 4
(d) is not qualified to be a member under subsection (3). 5
183 Remuneration and appointment conditions of members 6
(1) A member of the BCC councillor conduct review panel is 7
entitled to be paid the remuneration and allowances decided 8
by the council. 9
(2) A member of the BCC councillor conduct review panel holds 10
office on the other conditions that the council decides. 11
184 Conflict of interests 12
(1) This section applies if a member of the BCC councillor 13
conduct review panel has any interest that may conflict with a 14
fair and impartial hearing of a complaint made against an 15
accused councillor. 16
(2) The member must not take part, or take further part, in any 17
consideration of the matter. 18
Maximum penalty--35 penalty units. 19
(3) As soon as practicable after the member becomes aware that 20
this section applies to the member, the member must inform 21
the council. 22
Maximum penalty for subsection (3)--35 penalty units. 23
Page 159
City of Brisbane Bill 2010
Chapter 6 Administration
Part 4 Council employees
[s 185]
Part 4 Council employees 1
Division 1 Chief executive officer 2
185 Appointing a chief executive officer 3
(1) The council must appoint a qualified person to be the 4
council's chief executive officer. 5
(2) A person is qualified to be the chief executive officer if the 6
person has the ability, experience, knowledge and skills that 7
the council considers appropriate, having regard to the 8
responsibilities of a chief executive officer. 9
(3) A person who is appointed as the chief executive officer must 10
enter into a written contract of employment with the council. 11
(4) The contract of employment must provide for-- 12
(a) the chief executive officer to meet performance 13
standards set by the mayor; and 14
(b) the chief executive officer's conditions of employment 15
(including remuneration). 16
186 Appointing an acting chief executive officer 17
The council may appoint a qualified person to act as the chief 18
executive officer during-- 19
(a) any vacancy, or all vacancies, in the position; or 20
(b) any period, or all periods, when the chief executive 21
officer is absent from duty or can not, for another 22
reason, perform the chief executive officer's 23
responsibilities. 24
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City of Brisbane Bill 2010
Chapter 6 Administration
Part 4 Council employees
[s 187]
Division 2 Other council employees 1
187 Appointing senior contract employees 2
(1) The council must appoint qualified persons to be the council's 3
senior contract employees. 4
(2) A person is qualified to be a senior contract employee if the 5
person has the ability, experience, knowledge and skills that 6
the council considers appropriate, having regard to the 7
responsibilities of the senior contract employee. 8
(3) A person who is appointed as a senior contract employee must 9
enter into a written contract of employment with the council. 10
(4) The contract of employment must provide for-- 11
(a) the senior contract employee to meet performance 12
standards set by the mayor; and 13
(b) the senior contract employee's conditions of 14
employment (including remuneration). 15
188 Appointing other council employees 16
(1) The council must adopt, by resolution, an organisational 17
structure that is appropriate to the performance of the 18
council's responsibilities. 19
(2) The council may employ council employees for the 20
performance of the council's responsibilities. 21
(3) The chief executive officer must appoint the council 22
employees, other than senior contract employees. 23
(4) A council employee is employed on-- 24
(a) the conditions contained in any relevant industrial 25
instrument; and 26
(b) any other conditions that the council decides. 27
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City of Brisbane Bill 2010
Chapter 6 Administration
Part 4 Council employees
[s 189]
189 Disciplinary action against council employees 1
(1) The chief executive officer is the only person who may take 2
disciplinary action against a council employee. 3
(2) A regulation may prescribe when the chief executive officer 4
may take, and the types of, disciplinary action. 5
(3) If the chief executive officer takes disciplinary action against a 6
council employee, the council employee may appeal against 7
the decision to the entity prescribed under a regulation. 8
Division 3 Common provisions 9
190 Concurrent employment of council employees 10
(1) This section applies to all council employees, including the 11
chief executive officer. 12
(2) A council employee may be employed by more than 1 local 13
government at the same time, if each of the local governments 14
agree. 15
191 Improper conduct by council employees 16
(1) This section applies to all council employees, including the 17
chief executive officer. 18
(2) A council employee includes-- 19
(a) an employee of a corporate entity; and 20
(b) a contractor of the council; and 21
(c) a type of person prescribed under a regulation. 22
(3) A council employee must not ask for, or accept, a fee or other 23
benefit for doing something as a council employee. 24
Maximum penalty-- 25
(a) for an employee of a corporate entity--500 penalty units 26
or 5 years imprisonment; or 27
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City of Brisbane Bill 2010
Chapter 6 Administration
Part 4 Council employees
[s 192]
(b) for any other council employee--100 penalty units or 2 1
years imprisonment. 2
(4) However, subsection (3) does not apply to-- 3
(a) remuneration paid by the council; or 4
(b) a benefit that has only a nominal value. 5
(5) A council employee must not unlawfully destroy or damage 6
property of the council. 7
Maximum penalty for subsection (5)--100 penalty units or 2 8
years imprisonment. 9
192 Use of information by council employees 10
(1) This section applies to all council employees, including the 11
chief executive officer. 12
(2) A council employee includes-- 13
(a) an employee of a corporate entity; and 14
(b) a contractor of the council; and 15
(c) a type of person prescribed under a regulation. 16
(3) A person who is, or has been, a council employee must not 17
use information acquired as a council employee to-- 18
(a) gain (directly or indirectly) an advantage for the person 19
or someone else; or 20
(b) cause detriment to the council. 21
Maximum penalty-- 22
(a) for an employee of a corporate entity--500 penalty units 23
or 5 years imprisonment; or 24
(b) for any other council employee--100 penalty units or 2 25
years imprisonment. 26
(4) The council includes a corporate entity of the council. 27
(5) Subsection (3) does not apply to information that is lawfully 28
available to the public. 29
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[s 193]
(6) If an employee of a corporate entity contravenes subsection 1
(3), the corporate entity may recover from the employee, as a 2
debt due to the corporate entity-- 3
(a) if anyone made a profit because of the 4
contravention--an amount equal to the profit; and 5
(b) if the corporate entity suffered loss or damage because 6
of the contravention--an amount equal to the loss or 7
damage. 8
(7) The amount may be recovered from the employee whether or 9
not the employee has been convicted of an offence in relation 10
to the contravention. 11
(8) Subsection (6) applies in addition to, and does not limit, the 12
Criminal Proceeds Confiscation Act 2002. 13
(9) A person who is, or has been, a council employee must not 14
release information that the person knows, or should 15
reasonably know, is information that-- 16
(a) is confidential to the council; and 17
(b) the council wishes to keep confidential. 18
Maximum penalty for subsection (9)-- 19
(a) for an employee of a corporate entity--500 penalty units 20
or 5 years imprisonment; or 21
(b) for any other council employee--100 penalty units or 2 22
years imprisonment. 23
193 Annual report must detail remuneration 24
The annual report of the council must state-- 25
(a) the total remuneration packages that are payable (in the 26
year to which the annual report relates) to the chief 27
executive officer and senior contract employees; and 28
(b) the number of senior contract employees who are being 29
paid each of the total remuneration packages. 30
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[s 194]
Examples of the detail for the annual report-- 1
· 1 senior contract employee with a total remuneration package in the 2
range of $100000-$199000 3
· 2 senior contract employees with a total remuneration package in 4
the range of $200000-$299000 5
· 1 senior contract employee with a total remuneration package in the 6
range of $300000-$500000 7
Part 5 Authorised persons 8
194 Appointing authorised persons 9
(1) The chief executive officer may appoint a qualified person to 10
be an authorised person. 11
(2) A person is qualified to be an authorised person if the 12
person-- 13
(a) has the competencies-- 14
(i) that the chief executive officer considers are 15
necessary to perform the responsibilities that are 16
required to be performed by the authorised person; 17
or 18
(ii) prescribed under a regulation; and 19
(b) is either-- 20
(i) an employee of the council; or 21
(ii) another type of person prescribed under a 22
regulation. 23
(3) The appointment of an authorised person must state the 24
provisions of this Act for which the authorised person is 25
appointed. 26
(4) An authorised person's appointment is subject to the 27
conditions stated in-- 28
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[s 195]
(a) the document that appoints the authorised person; or 1
(b) a written notice given to the authorised person by the 2
chief executive officer; or 3
(c) a regulation. 4
195 End of appointment of authorised persons 5
(1) A person stops being an authorised person-- 6
(a) at the end of the term of appointment stated in the 7
document that appointed the authorised person; or 8
(b) if the authorised person gives the council a signed notice 9
of resignation; or 10
(c) if it is a condition of the authorised person's 11
appointment that the authorised person hold another 12
position at the same time--if the authorised person 13
stops holding the other position. 14
(2) If it is a condition of the authorised person's appointment that 15
the authorised person hold another position at the same time, a 16
notice of resignation acts as a notice of resignation for both 17
positions. 18
(3) This section does not limit the ways in which an authorised 19
person's appointment ends. 20
196 Identity card for authorised persons 21
(1) The chief executive officer must give each authorised person 22
an identity card. 23
(2) This section does not stop a single identity card being issued 24
to a person for this Act and for another purpose. 25
(3) A person who stops being an authorised person must return 26
the person's identity card to the chief executive officer, within 27
21 days after stopping being an authorised person, unless the 28
person has a reasonable excuse. 29
Maximum penalty for subsection (3)--10 penalty units. 30
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Chapter 6 Administration
Part 5 Authorised persons
[s 197]
197 Authorised persons must disclose change in criminal 1
history 2
(1) This section applies if there is a change in the criminal history 3
of an authorised person (including acquiring a criminal 4
history, for example). 5
(2) The authorised person must, as soon as practicable after the 6
change, disclose to the chief executive officer the details of 7
the change, unless the person has a reasonable excuse. 8
Maximum penalty--100 penalty units. 9
198 Chief executive officer may obtain report from police 10
commissioner 11
(1) The chief executive officer may ask the police commissioner 12
to give the chief executive officer the following information 13
about an authorised person-- 14
(a) a written report about the person's criminal history; 15
(b) a brief description of the circumstances of a conviction 16
mentioned in the person's criminal history. 17
(2) The police commissioner must comply with the request. 18
(3) However, the duty imposed on the police commissioner 19
applies only to information in the commissioner's possession 20
or to which the commissioner has access. 21
199 Use of criminal history information 22
(1) This section is about the use of criminal history information. 23
(2) Criminal history information is information about the 24
criminal history of an authorised person obtained under 25
section 197 or 198. 26
(3) The department's chief executive may make guidelines for 27
dealing with criminal history information to ensure-- 28
(a) natural justice is afforded to the authorised persons to 29
whom the criminal history information relates; and 30
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[s 200]
(b) only relevant criminal history information is considered 1
in assessing the suitability of an authorised person to 2
exercise a power under a local government related law; 3
and 4
(c) decisions based on criminal history information are 5
made consistently. 6
(4) The chief executive officer must comply with the guidelines. 7
(5) A person who has, or will have, a duty to disclose under 8
section 197 may request a copy of the guidelines from the 9
department. 10
(6) The chief executive officer must not use criminal history 11
information for any purpose other than for assessing the 12
suitability of an authorised person to exercise a power under a 13
local government related law. 14
Maximum penalty for subsection (6)--100 penalty units. 15
Chapter 7 Other provisions 16
Part 1 Way to hold a hearing 17
200 What this part is about 18
(1) This part sets out the way to hold a hearing under this Act. 19
(2) The person or other entity that is conducting the hearing is 20
called the investigator in this part. 21
201 Procedures at hearing 22
(1) When conducting a hearing, the investigator must-- 23
(a) observe natural justice; but 24
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[s 202]
(b) act as quickly and informally as is consistent with a fair 1
and proper consideration of the issues raised in the 2
hearing. 3
(2) For example, the investigator may-- 4
(a) act in the absence of a person who has been given 5
reasonable notice of the hearing; or 6
(b) receive evidence by statutory declaration; or 7
(c) refuse to allow a person to be represented by a legal 8
practitioner; or 9
(d) disregard the rules of evidence; or 10
(e) disregard any defect, error, omission or insufficiency in 11
a document; or 12
(f) allow a document to be amended; or 13
(g) adjourn a hearing. 14
(3) However, the investigator must comply with any procedural 15
rules prescribed under a regulation. 16
(4) A hearing is not affected by a change of the members of an 17
entity that is the investigator. 18
202 Witnesses at hearings 19
(1) The investigator may require a person, by giving them a 20
written notice, to attend a hearing as a witness in order to-- 21
(a) give evidence; or 22
(b) produce specified documents. 23
(2) The person must-- 24
(a) attend at the time and place specified in the notice; and 25
(b) continue to attend until excused by the investigator; and 26
(c) take an oath or make an affirmation if required by the 27
investigator; and 28
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[s 203]
(d) answer a question that the person is required to answer 1
by the investigator, unless the person has a reasonable 2
excuse; and 3
(e) produce a document that the person is required to 4
produce by the investigator, unless the person has a 5
reasonable excuse. 6
Maximum penalty--35 penalty units. 7
(3) A person has a reasonable excuse for failing to answer a 8
question or produce a document if answering the question or 9
producing the document might tend to incriminate the person. 10
(4) A person who attends as a witness is entitled to-- 11
(a) the witness fees that are prescribed under a regulation; 12
or 13
(b) if no witness fees are prescribed, the reasonable witness 14
fees decided by the investigator. 15
203 Contempt at hearing 16
A person must not-- 17
(a) insult the investigator in a hearing; or 18
(b) deliberately interrupt a hearing; or 19
(c) take part in a disturbance in or near a place where the 20
investigator is conducting a hearing; or 21
(d) do anything that would be a contempt of court if the 22
investigator were a court. 23
Maximum penalty--50 penalty units. 24
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Chapter 7 Other provisions
Part 2 Superannuation
[s 204]
Part 2 Superannuation 1
204 What this part is about 2
This part is about superannuation for certain persons who are 3
connected to the council. 4
205 Super scheme for councillors 5
(1) The council may, for its councillors-- 6
(a) establish and amend a superannuation scheme; or 7
(b) take part in a superannuation scheme. 8
(2) If it does so, the council may pay an amount from its 9
operating fund to the superannuation scheme as a contribution 10
for the councillors. 11
(3) However, the council must not make contributions to the 12
superannuation scheme for a person who is no longer a 13
councillor. 14
(4) A councillor may enter into an arrangement with the council 15
under which-- 16
(a) the councillor agrees to forgo a percentage or amount of 17
the remuneration that the councillor is entitled to as a 18
councillor; and 19
(b) the council agrees to contribute the percentage or 20
amount to the superannuation scheme for the councillor. 21
(5) A superannuation scheme is a superannuation scheme that 22
complies with the Commonwealth Super Act. 23
206 Superannuation scheme for council employees and 24
associated persons 25
(1) The superannuation scheme for council employees under the 26
repealed City of Brisbane Act, section 25E continues in 27
existence under this Act. 28
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[s 207]
(2) The council may, for council employees and associated 1
persons-- 2
(a) establish and amend a superannuation scheme; or 3
(b) take part in a superannuation scheme. 4
(3) If it does so, the council may pay an amount from the 5
operating fund to the superannuation scheme as a contribution 6
for the council employees and associated persons. 7
(4) An associated person is the spouse of a council employee, or 8
another person prescribed under a regulation. 9
(5) A superannuation scheme is a superannuation scheme that 10
complies with the Commonwealth Super Act. 11
207 Super schemes to be audited by auditor-general 12
(1) This section applies to the following superannuation 13
schemes-- 14
(a) the superannuation scheme continued under section 15
206(1); 16
(b) another superannuation scheme established or amended 17
by the council under section 205(1)(a) or 206(2)(a). 18
(2) The audit of the superannuation scheme that is required under 19
the Commonwealth Super Act must be carried out by the 20
auditor-general. 21
Part 3 Allocating Commonwealth 22
funding to council 23
208 Allocating Commonwealth funding 24
(1) The grants commission is a body that is created under the 25
Local Government Act to perform the responsibilities of a 26
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Chapter 7 Other provisions
Part 4 Legal provisions
[s 209]
Local Government Grants Commission under the Local 1
Government (Financial Assistance) Act. 2
Note-- 3
Under section 228(2) of the Local Government Act, the grants 4
commission and the Minister must comply with the Local Government 5
(Financial Assistance) Act. 6
(2) The Minister must not distribute to the council an amount 7
equal to notional GST if the council has not paid the notional 8
GST. 9
(3) Notional GST is an amount that a local government may pay 10
under the GST and Related Matters Act 2000, section 5. 11
(4) The Minister must table in the Legislative Assembly the 12
grants commission's recommendations about the allocation of 13
funding to the council. 14
209 Decisions under this division are not subject to appeal 15
A decision of the grants commission or the Minister is not 16
subject to appeal. 17
Note-- 18
See section 221 for more information. 19
Part 4 Legal provisions 20
210 False or misleading information 21
(1) A person commits an offence if the person gives information 22
for this Act (either orally or in a document), that the person 23
knows is false or misleading in a material particular, to any of 24
the following persons-- 25
(a) the Minister; 26
(b) the department's chief executive; 27
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[s 211]
(c) the chief executive officer; 1
(d) an authorised person; 2
(e) the change commission; 3
(f) the BCC councillor conduct review panel; 4
(g) the tribunal; 5
(h) the grants commission. 6
Maximum penalty--100 penalty units. 7
(2) However, the person does not commit an offence in relation to 8
information in a document if, when the person gives the 9
document to the other person-- 10
(a) the person tells the other person that the document is 11
false or misleading, and in what respect the document is 12
false or misleading; and 13
(b) if the person has, or can reasonably obtain, the correct 14
information--the person gives the other person the 15
correct information. 16
211 Administrators who act honestly and without negligence 17
are protected from liability 18
(1) A constituter of the council is not civilly liable for an act done, 19
or omission made, honestly and without negligence by the 20
council or the constituter, as a constituter of the council-- 21
(a) in the administration of this Act; or 22
(b) in the exercise, or intended exercise, of any of the 23
council's powers under this Act. 24
(2) A constituter of the council is-- 25
(a) the head of the council, when constituting the council; 26
or 27
(b) a councillor, when constituting the council. 28
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Part 4 Legal provisions
[s 211]
(3) A State administrator or council administrator is not civilly 1
liable for an act done under this Act, or omission made under 2
this Act, honestly and without negligence. 3
(4) A State administrator is-- 4
(a) the Minister; or 5
(b) the department's chief executive; or 6
(c) an authorised officer; or 7
(d) a member of the change commission; or 8
(e) a member of the grants commission; or 9
(f) a member of the BCC councillor conduct review panel; 10
or 11
(g) a member of the tribunal; or 12
(h) a person acting under the direction of a person 13
mentioned in paragraph (a), (b) or (c). 14
(5) A council administrator is-- 15
(a) a councillor, when acting other than in the capacity of a 16
constituter of the council; or 17
(b) the chief executive officer, when acting other than in the 18
capacity of a constituter of the council; or 19
(c) an authorised person; or 20
(d) another council employee. 21
(6) If subsection (3) prevents civil liability attaching to a State 22
administrator, liability attaches instead to the State. 23
(7) If subsection (3) prevents civil liability attaching to a council 24
administrator, liability attaches instead to the council. 25
(8) The protection given under this section is in addition to any 26
other protection given under another law or Act (including the 27
Whistleblowers Protection Act 1994, for example). 28
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Part 4 Legal provisions
[s 212]
212 Who is authorised to sign council documents 1
The following persons may sign a document on behalf of the 2
council-- 3
(a) the head of the council; 4
(b) a delegate of the council; 5
(c) a councillor or council employee who is authorised by 6
the head of the council, in writing, to sign documents. 7
Note-- 8
See section 233 for the council's power to delegate. 9
213 Name in proceedings by or against council 10
(1) Any proceedings by the council must be started in the name of 11
the council. 12
(2) Any proceedings against the council must be started against 13
the council in its name. 14
214 Service of documents on council 15
A document is properly served on the council if it is given to 16
the chief executive officer in a way that is authorised by law. 17
215 Substituted service 18
(1) If an owner of rateable land is known to be absent from the 19
State, the council may serve a document on the owner by 20
serving the document on the owner's agent in the State. 21
(2) If-- 22
(a) the council must serve a document on a person who 23
owns or occupies a property; but 24
(b) the council does not know, or is uncertain about, the 25
person's current address; 26
the council may serve the document by publishing a notice 27
that contains a copy of the document in a newspaper that is 28
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Part 4 Legal provisions
[s 216]
circulating generally throughout the State, in the gazette and 1
on the council's website. 2
(3) The notice must be addressed to-- 3
(a) if the council knows the person's name--the person by 4
name; or 5
(b) if the council does not know the person's name--the 6
`owner' or `occupier' at the property's address. 7
216 Local government related laws requiring a statement of a 8
law 9
A provision of a local government related law, that requires a 10
document to contain a statement of a relevant provision of 11
law, is taken to be complied with if the document states that 12
particulars of the relevant provision may be-- 13
(a) obtained, free of charge, on application to the council; 14
or 15
(b) viewed at an identified website. 16
217 Acting for council in legal proceedings 17
(1) In any proceedings, the chief executive officer, or another 18
employee authorised in writing by the council-- 19
(a) may give instructions and act as the authorised agent for 20
the council; and 21
(b) may sign all documents for the council. 22
(2) The council must pay the costs incurred by the chief executive 23
officer or other employee in any proceedings. 24
(3) If the Attorney-General could take proceedings on behalf of 25
the council to ensure compliance with a local government 26
related law, the council may take the proceeding in its own 27
name. 28
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Part 4 Legal provisions
[s 218]
218 Attempt to commit offence 1
A person who attempts to commit an offence against this Act 2
commits an offence and, on conviction, is liable to the same 3
penalties as if the person had committed the offence. 4
219 Types of offences under this Act 5
(1) An offence against this Act that has a penalty of more than 2 6
years imprisonment, is an indictable offence that is a 7
misdemeanour. 8
(2) Any other offence against this Act is a summary offence. 9
(3) A proceeding for an indictable offence may be taken, at the 10
prosecution's election-- 11
(a) by way of summary proceedings under the Justices Act 12
1886; or 13
(b) on indictment. 14
(4) A magistrate must not hear an indictable offence summarily 15
if-- 16
(a) at the start of the hearing, the defendant asks that the 17
charge be prosecuted on indictment; or 18
(b) the magistrate considers that the charge should be 19
prosecuted on indictment. 20
(5) If subsection (4) applies-- 21
(a) the magistrate must proceed by way of an examination 22
of witnesses for an indictable offence; and 23
(b) a plea of the person charged at the start of the 24
proceeding must be disregarded; and 25
(c) evidence brought in the proceeding before the 26
magistrate decided to act under subsection (4) is taken to 27
be evidence in the proceeding for the committal of the 28
person for trial or sentence; and 29
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[s 220]
(d) before committing the person for trial or sentence, the 1
magistrate must make a statement to the person as 2
required by the Justices Act 1886, section 104(2)(b). 3
(6) The maximum penalty that may be summarily imposed for an 4
indictable offence is 100 penalty units or 1 year's 5
imprisonment. 6
(7) A proceeding must be before a magistrate if it is a 7
proceeding-- 8
(a) for the summary conviction of a person on a charge for 9
an indictable offence; or 10
(b) for an examination of witnesses for a charge for an 11
indictable offence. 12
(8) However, if a proceeding for an indictable offence is brought 13
before a justice who is not a magistrate, jurisdiction is limited 14
to taking or making a procedural action or order within the 15
meaning of the Justices of the Peace and Commissioners for 16
Declarations Act 1991. 17
220 Time to start proceedings in a summary way 18
Proceedings for an offence against this Act that are to be 19
heard in a summary way under the Justices Act 1886 must be 20
started-- 21
(a) within 1 year after the offence was committed; or 22
(b) within 6 months after the offence comes to the 23
complainant's knowledge, but within 2 years after the 24
offence was committed. 25
221 Decisions not subject to appeal 26
(1) If a provision of this Act declares a decision to be not subject 27
to appeal, that means the decision-- 28
(a) can not be appealed against, challenged, reviewed, 29
quashed, set aside, or called into question in any way 30
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[s 222]
(including under the Judicial Review Act, for example); 1
and 2
(b) is not subject to any writ or order of a court on any 3
ground. 4
Examples-- 5
1 A person may not bring any proceedings for an injunction to stop 6
conduct that is authorised by the decision. 7
2 A person may not bring any proceedings for a declaration about the 8
validity of conduct that is authorised by the decision. 9
(2) A decision includes-- 10
(a) conduct related to making the decision; and 11
(b) a failure to make a decision. 12
(3) A court includes a tribunal or another similar entity. 13
222 Judges and other office holders not disqualified from 14
adjudicating 15
A judge, magistrate, justice or presiding member of a tribunal 16
is not disqualified from adjudicating in any proceedings to 17
which the council is a party only because the person is, or is 18
liable to be, a ratepayer of the council. 19
223 Where fines are to be paid to 20
(1) This section applies if, in proceedings brought by the council 21
for an offence against a local government related law, the 22
court imposes a fine. 23
(2) The fine must be paid to the council's operating fund, unless 24
the court ordered the fine to be paid to a person. 25
224 Evidence of local laws 26
(1) In any proceedings, a certified copy of a local law or 27
consolidated version of a local law is evidence of the content 28
of the local law or consolidated version of the local law. 29
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[s 225]
(2) A certified copy of a local law or consolidated version of a 1
local law is a copy that has been certified by the chief 2
executive officer to be the local law or consolidated version as 3
made by the council. 4
(3) In any proceedings, a copy of the gazette that contains a 5
notice of making a local law is-- 6
(a) evidence of the content of the notice; and 7
(b) evidence that the local law has been properly made. 8
(4) In any proceedings, the competence of the council to make a 9
particular local law is presumed unless the matter is raised. 10
225 Evidence of proceedings of council 11
(1) This section applies to a document that-- 12
(a) purports to be a copy of an entry in a record of the 13
proceedings of-- 14
(i) the council; or 15
(ii) a committee of the council; and 16
(b) purports to have been signed at the time when the entry 17
was made by-- 18
(i) the mayor; or 19
(ii) the chairperson of the council; or 20
(iii) for a committee of the council--the committee 21
chairperson; and 22
(c) is certified by the chief executive officer to be a true 23
copy of the document. 24
(2) The document is evidence-- 25
(a) of the proceedings; and 26
(b) that the proceedings were properly held. 27
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[s 226]
226 Evidentiary value of copies 1
(1) This section applies to a copy of a document that-- 2
(a) purports to be made under the authority of the council or 3
mayor; and 4
(b) purports to be verified by the mayor or an employee 5
who is authorised by the council. 6
(2) The copy of the document is evidence in any proceedings as if 7
the copy were the original of the document. 8
227 Evidentiary value of certificates 9
(1) This section applies to a certificate that-- 10
(a) purports to be about the state of, or a fact in, a record of 11
the council; and 12
(b) purports to be signed by the chief executive officer. 13
(2) The certificate is evidence of the matters contained in the 14
certificate. 15
228 Evidence of directions given to council 16
(1) This section applies to a document that-- 17
(a) purports to be a direction that the Minister, or the 18
department's chief executive, gave to the council under 19
this Act; and 20
(b) purports to be certified by or for the Minister, or the 21
department's chief executive, to be a true copy of the 22
direction. 23
(2) The document is evidence of-- 24
(a) the giving of the direction; and 25
(b) the matters contained in the direction. 26
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Part 5 Delegation of powers
[s 229]
229 Evidence of complainant's knowledge of matter 1
In a complaint starting proceedings, a statement that the 2
matter of the complaint came to the complainant's knowledge 3
on a stated day is evidence of the matter. 4
230 Constitution and limits of council need not be proved 5
It is not necessary for the plaintiff in any proceedings started 6
by, for or against the council to prove-- 7
(a) the council's constitution; or 8
(b) the boundaries of Brisbane; or 9
(c) the boundaries of a ward of Brisbane. 10
Part 5 Delegation of powers 11
231 Delegation of Minister's powers 12
(1) The Minister may delegate the Minister's powers under this 13
Act to an appropriately qualified person. 14
(2) However, the Minister must not delegate a power under 15
section 40. 16
232 Delegation of department's chief executive's powers 17
The department's chief executive may delegate the chief 18
executive's powers under this Act, or a local law, to an 19
appropriately qualified person. 20
233 Delegation of council powers 21
(1) The council may, by resolution, delegate a power under this 22
Act or another Act to-- 23
(a) the mayor; or 24
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Part 5 Delegation of powers
[s 234]
(b) the chief executive officer; or 1
(c) a standing committee or joint standing committee; or 2
(d) another local government, for the purposes of a joint 3
government activity; or 4
(e) a councillor, for the purpose of exercising a power as a 5
shareholder in relation to a corporate entity. 6
(2) However, the council must not delegate a power that an Act 7
states must be exercised by resolution. 8
(3) A joint standing committee is a committee consisting of 9
councillors of the council and other local governments. 10
234 Delegation of chief executive officer's powers 11
(1) A chief executive officer may delegate the chief executive 12
officer's powers to an appropriately qualified employee or 13
contractor of the council. 14
(2) However, the chief executive officer must not delegate the 15
following powers-- 16
(a) a power delegated by the council, if the council has 17
directed the chief executive officer not to further 18
delegate the power; 19
(b) a power to keep a register of interests; 20
(c) the power to sign a drafting certificate for a local law. 21
235 Council delegations register 22
(1) The chief executive officer must establish a register of 23
delegations that contains the particulars prescribed under a 24
regulation. 25
(2) The chief executive officer must record all delegations by the 26
council, mayor or the chief executive officer in the register of 27
delegations. 28
Page 184
City of Brisbane Bill 2010
Chapter 7 Other provisions
Part 6 Other provisions
[s 236]
(3) The chief executive officer must ensure the public may view 1
the register at the council's public office or on the council's 2
website. 3
Part 6 Other provisions 4
236 Public office of the council 5
(1) The council must keep premises for use as a public office. 6
(2) The public office must be in Brisbane. 7
237 Powers in support of responsibilities 8
(1) This section applies if the council is required or empowered to 9
perform a responsibility under a local government related law. 10
(2) The council has the power to do anything that is necessary or 11
convenient for performing the responsibilities. 12
(3) The powers include all the powers that an individual may 13
exercise, including for example-- 14
(a) power to enter into contracts; and 15
(b) power to acquire, hold, deal with and dispose of 16
property; and 17
(c) power to charge for a service or facility, other than a 18
service or facility for which a cost-recovery fee may be 19
fixed. 20
238 Validity of council proceedings 21
The proceedings of the council or any of its committees, or 22
the actions of a person acting as a councillor or member of a 23
committee, are not invalid merely because of-- 24
Page 185
City of Brisbane Bill 2010
Chapter 7 Other provisions
Part 6 Other provisions
[s 239]
(a) vacancies in the membership of the council or 1
committee; or 2
(b) a defect or irregularity in the election or appointment of 3
any councillor or committee member; or 4
(c) the disqualification of a councillor or committee 5
member from acting as a councillor or committee 6
member. 7
239 Requirements for particular guidelines 8
(1) The section applies to the following guidelines-- 9
(a) the acceptable requests guidelines; 10
(b) the advice guidelines. 11
(2) The guidelines-- 12
(a) must apply to all councillors equally; and 13
(b) must state all relevant considerations; and 14
(c) must include a requirement that, if a request is refused 15
under the guidelines, the person who made the refusal 16
must give written notice stating the reasons for the 17
refusal to the councillor who made the request; and 18
(d) can not provide for any relevant considerations to be 19
discretionary. 20
(3) Relevant considerations are-- 21
(a) the criteria for deciding whether to grant or refuse a 22
request; or 23
(b) the matters to be considered under the guidelines when 24
deciding to grant or refuse a request. 25
(4) Request means a request made by a councillor under section 26
166(1) or (3). 27
Page 186
City of Brisbane Bill 2010
Chapter 7 Other provisions
Part 6 Other provisions
[s 240]
240 Insurance to cover councillors 1
(1) The council may enter into a contract of insurance with 2
WorkCover Queensland, or another insurer, to cover its 3
councillors. 4
(2) For that purpose, a councillor's role includes attending-- 5
(a) meetings of the council or its committees that the 6
councillor is entitled or asked to attend; and 7
(b) meetings for a resident of Brisbane; and 8
(c) conferences, deputations, inspections and meetings at 9
which the councillor's attendance is permitted by the 10
council; and 11
(d) official functions organised for the council. 12
241 Special entertainment precincts 13
(1) This section is about establishing a special entertainment 14
precinct in Brisbane. 15
(2) A special entertainment precinct is an area in which noise 16
from amplified music that is played at licensed premises in the 17
area is regulated by a local law. 18
(3) A licensed premises is a licensed premises under the Liquor 19
Act 1992. 20
(4) The effect of establishing a special entertainment precinct is 21
that-- 22
(a) noise from amplified music played at licensed premises 23
in the precinct is regulated by a local law instead of the 24
Liquor Act 1992; and 25
(b) requirements imposed under a planning scheme or 26
development approval made or given under the Planning 27
Act about noise abatement apply in relation to particular 28
kinds of development in the precinct. 29
(5) To establish a special entertainment precinct, the council 30
must-- 31
Page 187
City of Brisbane Bill 2010
Chapter 7 Other provisions
Part 6 Other provisions
[s 242]
(a) amend the council's planning scheme to identify the 1
special entertainment precinct; and 2
(b) make a local law to regulate noise from amplified music 3
from premises in the special entertainment precinct, in 4
accordance with a permit that is issued for the premises. 5
(6) However, a local law under this section does not apply to-- 6
(a) a major sports facility under the Major Sports Facilities 7
Act 2001; or 8
(b) an activity that-- 9
(i) is for a motor racing event under the Motor Racing 10
Events Act 1990; and 11
(ii) is being carried on by, or with the permission of, 12
the promoter of the motor racing event. 13
242 Approved forms 14
The department's chief executive may approve forms for use 15
under this Act. 16
243 Review of this Act 17
The Minister must, within 4 years after the commencement of 18
this Act, carry out a review of the operation and effectiveness 19
of this Act. 20
244 Process for administrative action complaints 21
(1) The council must adopt a process for resolving administrative 22
action complaints. 23
(2) An administrative action complaint is a complaint that-- 24
(a) is about an administrative action of the council, 25
including the following, for example-- 26
Page 188
City of Brisbane Bill 2010
Chapter 7 Other provisions
Part 6 Other provisions
[s 245]
(i) a decision, or a failure to make a decision, 1
including a failure to provide a written statement of 2
reasons for a decision; 3
(ii) an act, or a failure to do an act; 4
(iii) the formulation of a proposal or intention; 5
(iv) the making of a recommendation; and 6
(b) is made by an affected person. 7
(3) An affected person is a person who is apparently directly 8
affected by an administrative action of the council. 9
(4) A regulation may provide for the process for resolving 10
complaints about administrative actions of the council by 11
affected persons. 12
245 Information for the Minister 13
(1) The Minister may, by written notice, require the council to 14
give the Minister information about-- 15
(a) Brisbane; or 16
(b) the council. 17
(2) The council must comply with the notice. 18
246 Regulation-making power 19
(1) The Governor in Council may make regulations under this 20
Act. 21
(2) For example, a regulation may be made about-- 22
(a) the processes of the council in deciding the 23
remuneration that is payable to councillors (including 24
the remuneration schedule, for example); or 25
(b) corporate entities; or 26
(c) appeals against decisions made under this Act; or 27
(d) a register of interests of the following-- 28
Page 189
City of Brisbane Bill 2010
Chapter 8 Repeal, transitional and savings provisions
Part 1 Repeals
[s 247]
(i) councillors; 1
(ii) persons who are related to councillors; 2
(iii) other persons who are given responsibilities to 3
perform under this Act; or 4
(e) the recording of conflicts of interest arising from the 5
performance of a responsibility under this Act; or 6
(f) the regulation and management of council assets and 7
infrastructure; or 8
(g) matters relating to a statutory committee of the council; 9
or 10
(h) a process for the scrutiny of the council's budget; or 11
(i) meetings of the council or its committees; or 12
(j) the financial sustainability and accountability of the 13
council, including the systems of financial management. 14
Chapter 8 Repeal, transitional and 15
savings provisions 16
Part 1 Repeals 17
247 Repeal 18
The following Acts are repealed-- 19
· Australian Estates Company Limited, Hastings Street, 20
New Farm, Viaduct Authorization Act 1962 21
· Brisbane City Council Business and Procedure Act 22
1939, 3 Geo 6 No. 30 23
· City of Brisbane Act 1924, 15 Geo 5 No. 32 24
Page 190
City of Brisbane Bill 2010
Chapter 8 Repeal, transitional and savings provisions
Part 2 Transitional and savings provisions
[s 248]
· Local Government (Chinatown and The Valley Malls) 1
Act 1984, No. 104 2
· Local Government (Queen Street Mall) Act 1981, No. 3
104. 4
Part 2 Transitional and savings 5
provisions 6
248 What this part is about 7
This part is about the transition from the following to this Act 8
(including the transition of rights, liabilities and interests, for 9
example)-- 10
(a) the repealed City of Brisbane Act; 11
(b) the repealed Business and Procedure Act; 12
(c) a repealed mall Act. 13
249 Brisbane City Council continued 14
The Brisbane City Council under the repealed City of 15
Brisbane Act continues in existence as the council under this 16
Act. 17
250 Local laws 18
(1) A local law that was-- 19
(a) made by the council under the repealed City of Brisbane 20
Act or a repealed mall Act; and 21
(b) was in force immediately before the commencement of 22
this section; 23
continues in force as a local law made under this Act. 24
Page 191
City of Brisbane Bill 2010
Chapter 8 Repeal, transitional and savings provisions
Part 2 Transitional and savings provisions
[s 251]
(2) A local law includes-- 1
(a) an interim local law, model local law, and subordinate 2
local law; and 3
(b) a by-law or ordinance. 4
251 Decisions under repealed Acts 5
(1) A decision under the following repealed Acts, that was in 6
force immediately before the commencement of this section, 7
continues in force as if the decision were made under this Act, 8
made at the same time as it was made under the repealed 9
Act-- 10
(a) the repealed City of Brisbane Act; 11
(b) the repealed Business and Procedure Act; 12
(c) a repealed mall Act. 13
(2) A decision includes an agreement, appointment, approval, 14
authorisation, certificate, charge, consent, declaration, 15
delegation, determination, direction, dismissal, exemption, 16
immunity, instruction, licence, memorandum of 17
understanding, order, permit, plan, policy, protocol, rates, 18
release, resolution, restriction, settlement, suspension and 19
warrant. 20
252 Established malls 21
(1) A mall established under a repealed mall Act continues as a 22
mall under this Act. 23
(2) The council may do anything in relation to a mall mentioned 24
in subsection (1) that the council may do under this Act 25
(including closing the mall, for example). 26
(3) On 1 July 2010, an advisory committee, established under a 27
repealed mall Act, is dissolved and the members of the 28
advisory committee go out of office. 29
Page 192
City of Brisbane Bill 2010
Chapter 8 Repeal, transitional and savings provisions
Part 2 Transitional and savings provisions
[s 253]
(4) No compensation is payable to a member because of 1
subsection (3). 2
253 Proceedings and evidence 3
(1) If, immediately before the commencement of this section, 4
proceedings for an appeal, a complaint or an offence could 5
legally have been started under the repealed City of Brisbane 6
Act or a repealed mall Act the proceedings may be started 7
under this Act. 8
(2) Proceedings for an appeal, a complaint or an offence under 9
any of the Acts may be continued under that Act, as if this Act 10
had not commenced. 11
(3) Any document that was given evidentiary effect under any of 12
the Acts continues to have the evidentiary effect as if that Act 13
had not been repealed. 14
254 Super trust deed 15
A trust deed for a superannuation scheme established by the 16
Brisbane City Council under the repealed City of Brisbane 17
Act, that was in force immediately before the commencement 18
of this section, continues in force as a trust deed under this 19
Act. 20
255 Registers 21
A register maintained under the repealed City of Brisbane Act 22
continues as if it were made under this Act. 23
256 References to repealed Acts 24
A reference in an Act or document to any of the following 25
may, if the context permits, be taken to be a reference to this 26
Act-- 27
(a) the repealed City of Brisbane Act; 28
Page 193
City of Brisbane Bill 2010
Chapter 8 Repeal, transitional and savings provisions
Part 2 Transitional and savings provisions
[s 257]
(b) the repealed Business and Procedure Act; 1
(c) a repealed mall Act. 2
257 Transitional provisions for elections 3
(1) Despite the repeal of the City of Brisbane Act 1924, the 4
election provisions of that Act continue to apply to 5
quadrennial elections for the council-- 6
(a) as if a reference in the provisions to the town clerk were 7
a reference to the chief executive officer; and 8
(b) with other necessary changes. 9
Editor's note-- 10
See reprint 4E of the City of Brisbane Act 1924. 11
(2) The election provisions, of the repealed City of Brisbane Act, 12
are-- 13
(a) part 2, divisions 3 and 5; and 14
(b) any provisions of schedule 2 that are relevant to the 15
provisions mentioned in paragraph (a). 16
(3) Despite the repeal of the Local Government Act 1993, the 17
provisions of that Act in force on 30 June 2010 as they applied 18
to the Brisbane City Council on that day continue to apply to 19
quadrennial elections for the council-- 20
(a) as if a reference in the provisions to a division of a local 21
government area were a reference to a ward; and 22
(b) as if a reference in the provisions to a local government 23
Act were taken to include a reference to this Act; and 24
(c) with other necessary changes. 25
Editor's note-- 26
See reprint 12K of the Local Government Act 1993. 27
258 Transitional regulation-making power 28
(1) A transitional regulation may provide for a matter that-- 29
Page 194
City of Brisbane Bill 2010
Chapter 9 Amendment of Acts
Part 1 Amendment of Electrical Safety Act 2002
[s 259]
(a) it is necessary to provide for, to allow or facilitate the 1
doing of anything to achieve the transition from the 2
repealed Act to this Act; and 3
(b) this Act does not provide for or sufficiently provide for. 4
(2) A transitional regulation may have retrospective operation to a 5
day that is not earlier than the day on which this section 6
commences. 7
(3) A transitional regulation must declare it is a transitional 8
regulation. 9
(4) This section and any transitional regulation expire 1 year after 10
the day on which this section commences. 11
Chapter 9 Amendment of Acts 12
Part 1 Amendment of Electrical Safety 13
Act 2002 14
259 Act amended 15
This part amends the Electrical Safety Act 2002. 16
260 Amendment of s 192A (Definitions for div 2A) 17
Section 192A, definition government body, `another'-- 18
omit, insert-- 19
`a local government, another'. 20
Page 195
City of Brisbane Bill 2010
Chapter 9 Amendment of Acts
Part 2 Amendment of Information Privacy Act 2009
[s 261]
Part 2 Amendment of Information 1
Privacy Act 2009 2
261 Act amended 3
This part amends the Information Privacy Act 2009. 4
262 Replacement of s 211 (Acts and practices authorised 5
before commencement) 6
Section 211-- 7
omit, insert-- 8
`211 Acts and practices authorised before relevant date 9
`(1) The privacy principles do not apply to an entity in relation to 10
an act done or practice engaged in by the entity on or after the 11
relevant date if the act or practice is necessary for the 12
performance of a contract entered into before the relevant 13
date. 14
`(2) In this section-- 15
relevant date means-- 16
(a) for an entity other than a local government--1 July 17
2009; or 18
(b) for a local government--1 July 2010. 19
Note-- 20
Under section 202, this Act (other than particular provisions mentioned 21
in that section) does not apply to a local government until 1 July 2010.'. 22
Page 196
City of Brisbane Bill 2010
Chapter 9 Amendment of Acts
Part 3 Amendment of Local Government Act 2009
[s 263]
Part 3 Amendment of Local 1
Government Act 2009 2
263 Act amended 3
This part amends the Local Government Act 2009. 4
264 Amendment of s 2 (Commencement) 5
Section 2(2), `section 288'-- 6
omit, insert-- 7
`section 289'. 8
265 Replacement of s 5 (How this Act applies to the Brisbane 9
City Council) 10
Section 5-- 11
omit, insert-- 12
`5 Relationship with City of Brisbane Act 2010 13
`(1) Although the Brisbane City Council is a local government, the 14
City of Brisbane Act 2010, rather than this Act, provides for-- 15
(a) the way in which the Brisbane City Council is 16
constituted and the nature and extent of its 17
responsibilities and powers; and 18
(b) a system of local government in Brisbane. 19
`(2) This Act does not apply to the Brisbane City Council or its 20
councillors, employees, agents or contractors or to corporate 21
entities of the Brisbane City Council.'. 22
266 Amendment of s 12 (Responsibilities of councillors) 23
Section 12(3)(e)-- 24
omit. 25
Page 197
City of Brisbane Bill 2010
Chapter 9 Amendment of Acts
Part 3 Amendment of Local Government Act 2009
[s 267]
267 Amendment of s 13 (Responsibilities of local government 1
employees) 2
(1) Section 13(2)(i), `(including the Queensland Contact with 3
Lobbyists Code, for example)'-- 4
omit. 5
(2) Section 13(3)-- 6
insert-- 7
`(f) the safe custody of-- 8
(i) all records about the proceedings, accounts or 9
transactions of the local government or its 10
committees; and 11
(ii) all documents owned or held by the local 12
government; 13
(g) complying with reasonable requests from councillors-- 14
(i) for advice to help the councillor make a decision; 15
or 16
(ii) for information, that the local government has 17
access to, relating to the division of the local 18
government the councillor represents.'. 19
268 Amendment of s 14 (What this part is about) 20
Section 14-- 21
insert-- 22
`(2) This part does not apply to an indigenous regional council.'. 23
269 Replacement of s 16 (Review of divisions of local 24
government areas) 25
Section 16-- 26
omit, insert-- 27
Page 198
City of Brisbane Bill 2010
Chapter 9 Amendment of Acts
Part 3 Amendment of Local Government Act 2009
[s 270]
`16 Review of divisions of local government areas 1
`A local government must, no later than 1 March in the year 2
before the year of the quadrennial elections-- 3
(a) review whether each of its divisions has a reasonable 4
proportion of electors; and 5
(b) give the electoral commissioner and the Minister written 6
notice of the results of the review.'. 7
270 Amendment of s 23 (Casual commissioners) 8
Section 23(6), `department's chief executive'-- 9
omit, insert-- 10
`Minister'. 11
271 Amendment of s 25 (Annual report of change 12
commission) 13
(1) Section 25(3)-- 14
omit. 15
(2) Section 25(4) and (5)-- 16
renumber as section 25(3) and (4). 17
272 Amendment of s 29 (Local law making process) 18
(1) Section 29(4) to (9)-- 19
renumber as section 29(6) to (11). 20
(2) Section 29(3)-- 21
omit, insert-- 22
`(3) Before making a proposed local law, a local government 23
must-- 24
(a) consult with relevant government entities about the 25
overall State interest in the proposed local law; and 26
Page 199
City of Brisbane Bill 2010
Chapter 9 Amendment of Acts
Part 3 Amendment of Local Government Act 2009
[s 273]
(b) give the Minister the following-- 1
(i) a copy of the proposed local law; 2
(ii) a drafting certificate for the proposed local law; 3
(iii) information required by the Minister or under a 4
regulation. 5
`(4) The local government may proceed further in making the 6
proposed local law only if the local government satisfies the 7
Minister that-- 8
(a) the overall State interest is satisfactorily dealt with by 9
the proposed local law; and 10
(b) the proposed local law is drafted substantially in 11
accordance with the drafting standards. 12
`(5) If the Minister considers the overall State interest would be 13
satisfactorily dealt with by the proposed local law if the local 14
government satisfied particular conditions-- 15
(a) the Minister may impose conditions on the local 16
government that the Minister considers appropriate; and 17
(b) the local government may proceed further in making the 18
proposed local law if it-- 19
(i) satisfies any conditions about the content of the 20
proposed local law; and 21
(ii) agrees to satisfy any other conditions.'. 22
(3) Section 29(11)(c), as renumbered-- 23
omit. 24
273 Amendment of s 38 (Anti-competitive provisions) 25
Section 38-- 26
insert-- 27
`(3) This section does not apply to an interim local law.'. 28
Page 200
City of Brisbane Bill 2010
Chapter 9 Amendment of Acts
Part 3 Amendment of Local Government Act 2009
[s 274]
274 Replacement of ch 3, pt 2, hdg (Business enterprises and 1
activities) 2
Chapter 3, part 2, heading-- 3
omit, insert-- 4
`Part 2 Beneficial enterprises and 5
business activities'. 6
275 Amendment of s 40 (Conducting beneficial enterprises) 7
Section 40(2) to (7)-- 8
omit, insert-- 9
`(2) The local government must-- 10
(a) consult with-- 11
(i) all local government employees who may be 12
directly affected by the beneficial enterprise; or 13
(ii) if nominated by the local government employees, 14
an industrial association representing the 15
employees; and 16
(b) pass a resolution to conduct the beneficial enterprise. 17
`(3) An industrial association is an association of employees 18
having as a principal purpose the protection and promotion of 19
their interests in matters concerning their employment. 20
`(4) When conducting the beneficial enterprise, the local 21
government must-- 22
(a) apply sound financial principles; and 23
(b) comply with the Local Government Acts. 24
`(5) In order to conduct the beneficial enterprise, the local 25
government may-- 26
(a) commercially exploit the local government's tangible or 27
intangible property rights; or 28
(b) participate with an association, other than by-- 29
Page 201
City of Brisbane Bill 2010
Chapter 9 Amendment of Acts
Part 3 Amendment of Local Government Act 2009
[s 275]
(i) being an unlimited partner of a partnership; or 1
(ii) entering into an agreement that does not limit the 2
liability of the local government, as between the 3
parties, to the amount committed by the local 4
government under the agreement; or 5
(iii) borrowing, or guaranteeing a borrowing. 6
`(6) An association is-- 7
(a) a partnership; or 8
(b) a corporation limited by shares but is not listed on a 9
stock exchange; or 10
(c) a corporation limited by guarantee but is not listed on a 11
stock exchange; or 12
(d) another association of persons that is not a corporation. 13
`(7) In order to conduct the beneficial enterprise, the local 14
government must not, either directly or by participating with 15
an association, participate with an unlimited corporation. 16
`(8) An unlimited corporation means a corporation whose 17
members have no limit placed on their liability. 18
`(9) A local government participates with an association or 19
unlimited corporation if the local government-- 20
(a) forms, or takes part in forming, an association or 21
unlimited corporation; or 22
(b) becomes a member of an association or unlimited 23
corporation; or 24
(c) takes part in the management of an association or 25
unlimited corporation; or 26
(d) acquires or disposes of shares, debentures or securities 27
of an association or unlimited corporation.'. 28
Page 202
City of Brisbane Bill 2010
Chapter 9 Amendment of Acts
Part 3 Amendment of Local Government Act 2009
[s 276]
276 Amendment of s 45 (Identifying significant business 1
activities) 2
Section 45(c) and note-- 3
omit, insert-- 4
`(c) state whether or not the competitive neutrality principle 5
was applied to the significant business activities, and if 6
the principle was not applied, the reason why it was not 7
applied; and'. 8
277 Amendment of s 47 (Code of competitive conduct) 9
(1) Section 47(7), `any other business activities.'-- 10
omit, insert-- 11
`a business activity prescribed under a regulation.'. 12
(2) Section 47-- 13
insert-- 14
`(8) If the local government decides not to apply the code of 15
competitive conduct to the business activity, the resolution 16
must state reasons for not doing so. 17
`(9) Subsection (7) does not prevent the local government from 18
applying the code of competitive conduct to any other 19
business activities.'. 20
278 Amendment of s 48 (Competitive neutrality complaints) 21
Section 48-- 22
insert-- 23
`(5) A local government does not have to resolve a competitive 24
neutrality complaint relating to a business activity prescribed 25
under a regulation.'. 26
Page 203
City of Brisbane Bill 2010
Chapter 9 Amendment of Acts
Part 3 Amendment of Local Government Act 2009
[s 279]
279 Amendment of s 52 (When a corporate entity is not to 1
indemnify employees) 2
Section 52(1)-- 3
omit, insert-- 4
`(1) This section applies to a person who is or was an employee of 5
a corporate entity.'. 6
280 Insertion of new s 58A 7
Chapter 3, part 2, division 3, after section 58-- 8
insert-- 9
`58A Application of other Acts to a corporate entity 10
`(1) A corporate entity is a unit of public administration under the 11
Crime and Misconduct Act. 12
`(2) A corporate entity is a statutory body under the Statutory 13
Bodies Financial Arrangements Act, and part 2B of that Act 14
explains how that Act affects a corporate entity's powers. 15
`(3) The provisions of the Auditor-General Act 2009 that apply to 16
a local government also apply to a corporate entity, with any 17
necessary changes, as if-- 18
(a) a reference to a controlled entity were a reference to the 19
corporate entity; and 20
(b) a reference to the appropriate Minister were a reference 21
to the local government. 22
`(4) The Judicial Review Act 1991 does not apply to a decision of a 23
corporate entity made in carrying out its-- 24
(a) commercial activities; or 25
(b) community service obligations. 26
`(5) The Ombudsman Act 2001 does not apply to-- 27
(a) the making of a recommendation to the shareholder of a 28
corporate entity; or 29
Page 204
City of Brisbane Bill 2010
Chapter 9 Amendment of Acts
Part 3 Amendment of Local Government Act 2009
[s 281]
(b) a decision about a corporate entity's commercial policy; 1
or 2
(c) a corporate entity for its activities carried on, on a 3
commercial basis, in competition with a person.'. 4
281 Insertion of new ch 3, pt 3, div 3 5
Chapter 3, part 3-- 6
insert-- 7
`Division 3 Malls 8
`80A Malls 9
`(1) A local government may establish a mall in its local 10
government area. 11
`(2) The local government must comply with the procedures 12
prescribed under a regulation for establishing a mall. 13
`(3) The regulation may also provide for any other matter 14
connected with managing, promoting or using a mall, 15
including, for example-- 16
(a) removal of vehicles from a mall; and 17
(b) review of a decision relating to the removal of a vehicle 18
from a mall; and 19
(c) matters relating to an advisory committee for a mall. 20
`(4) A person is not entitled to compensation on account of 21
injurious affection to any right or interest of a business, 22
commercial or industrial nature because of the establishment, 23
modification or closing of a mall by a local government. 24
`(5) However, the local government may, by resolution, decide to 25
pay compensation to the person. 26
`(6) The Land Act, chapter 4, part 4 does not apply to a road that is 27
a mall.'. 28
Page 205
City of Brisbane Bill 2010
Chapter 9 Amendment of Acts
Part 3 Amendment of Local Government Act 2009
[s 282]
282 Amendment of s 95 (Overdue rates and charges are a 1
charge over land) 2
(1) Section 95, heading, `land'-- 3
omit, insert-- 4
`rateable land'. 5
(2) Section 95(1), `land'-- 6
omit, insert-- 7
`rateable land'. 8
283 Amendment of s 97 (Cost-recovery fees) 9
Section 97(4), `fee, other than an application fee, must'-- 10
omit, insert-- 11
`fee must'. 12
284 Amendment of s 99 (Fees on occupiers of land below the 13
high-water mark) 14
(1) Section 99(1)(b)-- 15
omit, insert-- 16
`(b) is in, or is adjoining, a local government area; and 17
(c) is below the high-water mark.'. 18
(2) Section 99(3), `A local government'-- 19
omit, insert-- 20
`The local government for the local government area'. 21
(3) Section 99-- 22
insert-- 23
`(4) For subsection (3), fee includes a tax.'. 24
Page 206
City of Brisbane Bill 2010
Chapter 9 Amendment of Acts
Part 3 Amendment of Local Government Act 2009
[s 285]
285 Amendment of s 105 (Auditing, including internal 1
auditing) 2
(1) Section 105(4)(a)(iv) and (b)-- 3
omit. 4
(2) Section 105(4)(c)-- 5
renumber as section 105(4)(b). 6
286 Replacement of s 108 (Misappropriation offence applies) 7
Section 108-- 8
omit, insert-- 9
`108 What this part is about 10
`This part is about councillors' financial accountability.'. 11
287 Amendment of s 113 (What this part is about) 12
(1) Section 113(1)(a), `government'-- 13
omit, insert-- 14
`government or a councillor'. 15
(2) Section 113(1)(b), `government'-- 16
omit, insert-- 17
`government or councillor'. 18
(3) Section 113(1)(a)(i) and (b), `its'-- 19
omit, insert-- 20
`their'. 21
(4) Section 113(2), `government's'-- 22
omit, insert-- 23
`government's or councillor's'. 24
(5) Section 113(3)-- 25
omit, insert-- 26
Page 207
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Chapter 9 Amendment of Acts
Part 3 Amendment of Local Government Act 2009
[s 288]
`(3) Remedial action may include, for example, directing-- 1
(a) the local government or councillor to take the action that 2
is necessary to comply with a Local Government Act; or 3
(b) the local government to replace a resolution that is 4
contrary to a Local Government Act with a resolution 5
that complies with the Local Government Act; or 6
(c) the local government to amend a local law by removing 7
a provision that is contrary to a Local Government Act.'. 8
288 Amendment of s 115 (Gathering information) 9
(1) Section 115(1), `government's performance'-- 10
omit, insert-- 11
`government's or councillor's performance'. 12
(2) Section 115(4) to (6), `government'-- 13
omit, insert-- 14
`government or councillor'. 15
289 Amendment of s 116 (Acting on the information gathered) 16
(1) Section 116(1) and (4)(a), `government'-- 17
omit, insert-- 18
`government or councillor'. 19
(2) Section 116(1)(a) and (4)(a)(i), `its'-- 20
omit, insert-- 21
`their'. 22
290 Amendment of s 118 (Financial controllers) 23
Section 118(6), `However, if'-- 24
Page 208
City of Brisbane Bill 2010
Chapter 9 Amendment of Acts
Part 3 Amendment of Local Government Act 2009
[s 291]
omit, insert-- 1
`If'. 2
291 Amendment of s 121 (Removing unsound decisions) 3
(1) Section 121(1), `of the Local Government Acts'-- 4
omit, insert-- 5
`law or inconsistent with the local government principles'. 6
(2) Section 121(4), `Local Government Act'-- 7
omit, insert-- 8
`law or inconsistent with the local government principles'. 9
292 Amendment of s 135 (General powers after entering a 10
property) 11
(1) Section 135(3) and (4)-- 12
renumber as section 135(4) and (5). 13
(2) Section 135-- 14
insert-- 15
`(3) An authorised person may exercise a power under subsection 16
(2) only if exercising the power is necessary for the purpose 17
related to the entry of the property.'. 18
293 Amendment of s 138 (What this division is about) 19
(1) Section 138(6), `to act under this section'-- 20
omit, insert-- 21
`by the local government to act under this division'. 22
(2) Section 138(7) and (8)-- 23
renumber as section 139(8) and (9). 24
(3) Section 138-- 25
Page 209
City of Brisbane Bill 2010
Chapter 9 Amendment of Acts
Part 3 Amendment of Local Government Act 2009
[s 294]
insert-- 1
`(7) However, the local government may authorise an employee or 2
agent to act under this division only if the employee or agent 3
is appropriately qualified or trained to exercise a power or 4
perform a responsibility under this division.'. 5
294 Amendment of s 143 (Entry by a local government 6
worker, with reasonable written notice, to take materials) 7
(1) Section 143(1), `rateable land that is not protected'-- 8
omit, insert-- 9
`relevant'. 10
(2) Section 143(2) to (5)-- 11
renumber as section 143(3) to (6). 12
(3) Section 143-- 13
insert-- 14
`(2) Relevant land means land, other than protected land, that is-- 15
(a) within the local government area; or 16
(b) if the local government has the written approval of the 17
Minister, under section 9(4)(b)(i), to exercise its powers 18
outside its local government area--outside its local 19
government area; or 20
(c) if the local government may exercise a power in another 21
local government's area for the purpose of a joint 22
government activity--within the other local 23
government's area.'. 24
(4) Section 143(3)(g), as renumbered-- 25
omit. 26
295 Replacement of ch 5, pt 2, div 3 (Offences) 27
Chapter 5, part 2, division 3-- 28
Page 210
City of Brisbane Bill 2010
Chapter 9 Amendment of Acts
Part 3 Amendment of Local Government Act 2009
[s 295]
omit, insert-- 1
`Part 3 Investigation of local 2
government records 3
`Division 1 Introduction 4
`148A What this part is about 5
`This part is about investigations conducted by the department 6
or a local government into the accuracy of the local 7
government's registers or records that are required to be kept 8
under this Act. 9
`Division 2 Investigations by department 10
`148B Producing authorised officer's identity card 11
`(1) This section applies if the department's chief executive directs 12
an authorised officer to exercise a power under this division. 13
`(2) The authorised officer may exercise the power, in relation to a 14
person, only if the officer-- 15
(a) first produces his or her identity card for the person to 16
inspect; or 17
(b) has his or her identity card displayed so it is clearly 18
visible to the person. 19
`148C Making of inquiries for department 20
`(1) This section applies if the department's chief executive 21
suspects or believes, on reasonable grounds, that information 22
included in a register or record of a local government is 23
incorrect because of an error or omission. 24
Page 211
City of Brisbane Bill 2010
Chapter 9 Amendment of Acts
Part 3 Amendment of Local Government Act 2009
[s 295]
`(2) An authorised officer, if directed by the department's chief 1
executive, may make all inquiries the chief executive 2
considers to be reasonable to find out whether and to what 3
extent the register or record is incorrect. 4
`148D Power to require information or document for 5
department investigation 6
`(1) This section applies if the department's chief executive 7
suspects or believes, on reasonable grounds, that-- 8
(a) either or both of the following apply-- 9
(i) information included in a register or record of a 10
local government is incorrect because of an error 11
or omission; 12
(ii) an offence against this Act has been committed 13
relating to a register or record; and 14
(b) a person-- 15
(i) is able to give information about the error, 16
omission or offence; or 17
(ii) holds a document relating to the error, omission or 18
offence. 19
`(2) The department's chief executive or, if directed by the chief 20
executive, an authorised officer may require the person to give 21
the information or produce the document. 22
`(3) When making the requirement, the department's chief 23
executive or authorised officer must warn the person it is an 24
offence to fail to comply with the requirement unless the 25
person has a reasonable excuse. 26
`(4) The person must comply with the requirement unless the 27
person has a reasonable excuse. 28
Maximum penalty--40 penalty units. 29
`(5) If the person is an individual, it is a reasonable excuse for 30
failing to comply with the requirement that giving the 31
Page 212
City of Brisbane Bill 2010
Chapter 9 Amendment of Acts
Part 3 Amendment of Local Government Act 2009
[s 295]
information or producing the document might tend to 1
incriminate the person. 2
`(6) It is a defence in a prosecution under subsection (4) that the 3
information or document sought by the department's chief 4
executive or authorised officer is not relevant to the error, 5
omission or offence. 6
`(7) If the person produces the document to the department's chief 7
executive or authorised officer, the chief executive or 8
officer-- 9
(a) may keep the document to take an extract from it or 10
make a copy of it; and 11
(b) must return the document to the person as soon as 12
practicable after taking the extract or making the copy. 13
`Division 3 Investigations by local government 14
`148E Producing authorised person's identity card 15
`(1) This section applies if the chief executive officer directs an 16
authorised person to exercise a power under this division. 17
`(2) The authorised person may exercise the power, in relation to 18
another person, only if the authorised person-- 19
(a) first produces his or her identity card for the other 20
person to inspect; or 21
(b) has his or her identity card displayed so it is clearly 22
visible to the other person. 23
`148F Making of inquiries for local government 24
`(1) This section applies if the chief executive officer suspects or 25
believes, on reasonable grounds, that information included in 26
a register or record of the local government is incorrect 27
because of an error or omission. 28
Page 213
City of Brisbane Bill 2010
Chapter 9 Amendment of Acts
Part 3 Amendment of Local Government Act 2009
[s 295]
`(2) The chief executive officer or, if directed by the chief 1
executive officer, an authorised person may make all inquiries 2
the chief executive officer considers to be reasonable to find 3
out whether and to what extent the register or record is 4
incorrect. 5
`148G Power to require information or document for local 6
government investigation 7
`(1) This section applies if the chief executive officer suspects or 8
believes, on reasonable grounds, that-- 9
(a) either or both of the following apply-- 10
(i) information included in a register or record of the 11
local government is incorrect because of an error 12
or omission; 13
(ii) an offence against this Act has been committed 14
relating to a register or record; and 15
(b) a person-- 16
(i) is able to give information about the error, 17
omission or offence; or 18
(ii) holds a document relating to the error, omission or 19
offence. 20
`(2) The chief executive officer or, if directed by the chief 21
executive officer, an authorised person may require the person 22
to give the information or produce the document. 23
`(3) When making the requirement, the chief executive officer or 24
authorised person must warn the person it is an offence to fail 25
to comply with the requirement unless the person has a 26
reasonable excuse. 27
`(4) The person must comply with the requirement unless the 28
person has a reasonable excuse. 29
Maximum penalty--40 penalty units. 30
`(5) If the person is an individual, it is a reasonable excuse for 31
failing to comply with the requirement that giving the 32
Page 214
City of Brisbane Bill 2010
Chapter 9 Amendment of Acts
Part 3 Amendment of Local Government Act 2009
[s 295]
information or producing the document might tend to 1
incriminate the person. 2
`(6) It is a defence in a prosecution under subsection (4) that the 3
information or document sought by the chief executive officer 4
or authorised person is not relevant to the error, omission or 5
offence. 6
`(7) If the person produces the document to the chief executive 7
officer or authorised person, the chief executive or authorised 8
person-- 9
(a) may keep the document to take an extract from it or 10
make a copy of it; and 11
(b) must return the document to the person as soon as 12
practicable after taking the extract or making the copy. 13
`148H Referral to department 14
`(1) This section applies if, because of inquiries made under this 15
division, the chief executive officer concludes on reasonable 16
grounds that an offence has been committed under this Act 17
relating to a register or record. 18
`(2) The chief executive officer must report the chief executive 19
officer's conclusion, including the reasons for the conclusion, 20
to the department's chief executive. 21
`(3) Subsection (2) does not limit any duty the chief executive 22
officer may have under the Crime and Misconduct Act to 23
notify the CMC of any complaint, information or matter that 24
the chief executive officer suspects involves, or may involve, 25
official misconduct under that Act. 26
`(4) The CMC means the Crime and Misconduct Commission 27
established under the Crime and Misconduct Act. 28
`148I Chief executive officer not subject to direction 29
`The chief executive officer is not subject to direction by the 30
mayor in acting under this division. 31
Page 215
City of Brisbane Bill 2010
Chapter 9 Amendment of Acts
Part 3 Amendment of Local Government Act 2009
[s 295]
`Part 4 Offences 1
`149 Obstructing enforcement of Local Government Acts 2
etc. 3
`(1) A person must not obstruct an official in the exercise of a 4
power under this Act or a local law, unless the person has a 5
reasonable excuse. 6
Maximum penalty--50 penalty units. 7
`(2) An official is any of the following persons-- 8
(a) the Minister; 9
(b) the department's chief executive; 10
(c) an authorised officer; 11
(d) an investigator; 12
(e) the chief executive officer; 13
(f) an authorised person. 14
`(3) A person must not obstruct a local government worker in the 15
exercise of a power under chapter 5, part 2, division 2, unless 16
the person has a reasonable excuse. 17
Maximum penalty--50 penalty units. 18
`(4) If a person has obstructed an official or local government 19
worker and the official or worker decides to proceed with the 20
exercise of the power, the official or worker must warn the 21
person that-- 22
(a) it is an offence to obstruct the official or worker, unless 23
the person has a reasonable excuse; and 24
(b) the official or worker considers the person's conduct an 25
obstruction. 26
Page 216
City of Brisbane Bill 2010
Chapter 9 Amendment of Acts
Part 3 Amendment of Local Government Act 2009
[s 296]
`(5) A person must not pull down, damage, deface or destroy a 1
board or anything else that is displaying a local law, order, 2
notice or other matter authorised by a local government. 3
Maximum penalty for subsection (5)--35 penalty units. 4
`150 Impersonating authorised persons and authorised 5
officers 6
`(1) A person must not pretend to be an authorised person. 7
Maximum penalty--50 penalty units. 8
`(2) A person must not pretend to be an authorised officer. 9
Maximum penalty--50 penalty units. 10
`150A Duty to make documents available 11
`A person who has charge of a document owned or held by a 12
local government must not obstruct the viewing or copying of 13
the document by another person who is authorised to view or 14
copy the document under this Act. 15
Examples-- 16
· preventing a councillor from copying a local government record 17
under section 170B 18
· preventing the public from viewing a record under section 19
177(12)(a) 20
Maximum penalty--10 penalty units.'. 21
296 Amendment of s 168 (Senior councillors and full-time 22
government jobs) 23
Section 168(8)-- 24
omit, insert-- 25
`(8) If a full-time government job is converted to a part-time 26
government job by a senior councillor, the conversion does 27
not-- 28
Page 217
City of Brisbane Bill 2010
Chapter 9 Amendment of Acts
Part 3 Amendment of Local Government Act 2009
[s 297]
(a) prejudice the councillor's existing or accrued rights to 1
superannuation or recreation, sick, long service or other 2
leave; or 3
(b) interrupt continuity of the councillor's service; or 4
(c) constitute a termination of employment, retrenchment or 5
redundancy.'. 6
297 Amendment of s 170 (Giving directions to local 7
government staff) 8
Section 170(4)-- 9
omit. 10
298 Insertion of new ss 170A and 170B 11
After section 170-- 12
insert-- 13
`170A Requests for help or advice 14
`(1) A councillor may request a council employee provide advice 15
to help the councillor make a decision. 16
`(2) However, if the council employee is not the chief executive 17
officer, the request must comply with the advice guidelines. 18
`(3) The advice guidelines are guidelines, made by the chief 19
executive officer, about the way in which a councillor is to ask 20
a local government employee for advice to help the councillor 21
make a decision. 22
`(4) If a councillor asks for help or advice from a local government 23
employee other than under the advice guidelines, the 24
employee must tell the chief executive officer about the 25
request as soon as is practicable. 26
`(5) A councillor may, subject to any limits prescribed under a 27
regulation, request the chief executive officer provide the 28
councillor with information, that the council has access to, 29
relating to-- 30
Page 218
City of Brisbane Bill 2010
Chapter 9 Amendment of Acts
Part 3 Amendment of Local Government Act 2009
[s 298]
(a) if the local government area is divided into 1
divisions--the division that the councillor represents; or 2
(b) otherwise--the local government area. 3
Example of a limit prescribed under a regulation-- 4
A regulation may prescribe the maximum cost to council of providing 5
information to a councillor. 6
`(6) The advice guidelines are invalid to the extent the guidelines 7
provides for a councillor or council employee to decide, at the 8
councillor or employee's discretion-- 9
(a) when the guidelines apply; or 10
(c) the way in which a request complies with the guidelines. 11
`(7) In this section a local government employee includes a person 12
prescribed under a regulation. 13
`(8) The chief executive officer must make all reasonable 14
endeavours to comply with a request made of the chief 15
executive officer under this section. 16
Maximum penalty for subsection (8)--10 penalty units. 17
`170B Inspection of records by councillors 18
`(1) A councillor may inspect, and make a copy of or take an 19
extract from, a local government record. 20
`(2) Local government records include all documents created by 21
or kept by the local government about its operations or the 22
operations of any of its committees, whether or not the 23
records must be available to be inspected by the public. 24
`(3) Subsection (1) does not apply to a local government record 25
if-- 26
(a) the record is a record of the regional conduct review 27
panel; or 28
(b) disclosure of the record would be contrary to an order of 29
a court or tribunal; or 30
Page 219
City of Brisbane Bill 2010
Chapter 9 Amendment of Acts
Part 3 Amendment of Local Government Act 2009
[s 299]
(c) the record would be privileged from production in a 1
legal proceeding on the ground of legal professional 2
privilege.'. 3
299 Amendment of s 171 (Use of information by councillors) 4
(1) Section 171(1), `in order'-- 5
omit. 6
(2) Section 171(1)(b), `harm'-- 7
omit, insert-- 8
`cause detriment to'. 9
(3) Section 171(1)-- 10
insert-- 11
`Maximum penalty--100 penalty units or 2 years 12
imprisonment.'. 13
(4) Section 171(2)-- 14
omit, insert-- 15
`(2) Subsection (1) does not apply to information that is lawfully 16
available to the public.'. 17
300 Amendment of s 172 (Councillor's material personal 18
interest at a meeting) 19
(1) Section 172(2)(c)-- 20
omit, insert-- 21
`(c) a parent, child or sibling of the councillor;'. 22
(2) Section 172(2)(f), `or the person's nominee'-- 23
omit. 24
(3) Section 172(4)-- 25
renumber as section 172(7). 26
(4) Section 172-- 27
Page 220
City of Brisbane Bill 2010
Chapter 9 Amendment of Acts
Part 3 Amendment of Local Government Act 2009
[s 301]
insert-- 1
`(4) However, a councillor does not contravene subsection (3) by 2
taking part in the meeting, or being in the chamber where the 3
meeting is being conducted, if-- 4
(a) the councillor is a person to whom approval is given 5
under subsection (5); and 6
(b) the councillor is complying with all conditions on which 7
the approval is given. 8
`(5) The Minister may, by signed notice, approve a councillor 9
taking part in the meeting, or being in the chamber where the 10
meeting is being conducted, if-- 11
(a) because of the number of councillors subject to the 12
obligation under this section, conduct of the meeting 13
would be obstructed if the approval were not given; or 14
(b) it appears to the Minister to be in the interests of the 15
local government area that the approval be given. 16
`(6) The Minister may give the approval subject to conditions 17
stated in the notice.'. 18
(5) Section 172(7), as renumbered-- 19
insert-- 20
`(c) whether the councillor took part in the meeting, or was 21
in the chamber during the meeting, under an approval 22
under subsection (5).'. 23
301 Amendment of s 175 (Post-election meetings) 24
Section 175(2), `councillors'-- 25
omit, insert-- 26
`councillors (other than the mayor)'. 27
302 Amendment of s 176 (What this division is about) 28
Section 176(9)(b), `Commission'-- 29
Page 221
City of Brisbane Bill 2010
Chapter 9 Amendment of Acts
Part 3 Amendment of Local Government Act 2009
[s 303]
omit. 1
303 Amendment of s 177 (Assessing complaints) 2
Section 177(5)(a)-- 3
omit, insert-- 4
`(a) if the complaint is about conduct of the mayor or deputy 5
mayor--refer the complaint to the department's chief 6
executive; or'. 7
304 Amendment of s 180 (Taking disciplinary action) 8
(1) Section 180(5)(g)-- 9
omit, insert-- 10
`(g) a recommendation to the Minister that the councillor be 11
suspended for a specified period, either wholly or from 12
performing particular functions; 13
Examples of particular functions-- 14
· attending council meetings or offices 15
· representing the council at public functions'. 16
(2) Section 180(6) to (8)-- 17
renumber as section 180(7) to (9). 18
(3) Section 180-- 19
insert-- 20
`(6) A recommendation mentioned in subsection (5)(g) may 21
include a recommendation about the details of the suspension. 22
Example of a recommendation about the details of a suspension-- 23
that the suspension be with or without pay'. 24
305 Amendment of s 181 (Inappropriate conduct) 25
Section 181(1), `or deputy mayor'-- 26
Page 222
City of Brisbane Bill 2010
Chapter 9 Amendment of Acts
Part 3 Amendment of Local Government Act 2009
[s 306]
omit. 1
306 Amendment of s 184 (Members of tribunal) 2
Section 184(7)(b), `department's chief executive'-- 3
omit, insert-- 4
`Minister'. 5
307 Amendment of s 197 (Disciplinary action against local 6
government employees) 7
(1) Section 197(2)-- 8
renumber as section 197(3). 9
(2) Section 197-- 10
insert-- 11
`(2) A regulation may prescribe when the chief executive officer 12
may take, and the types of, disciplinary action.'. 13
308 Amendment of s 200 (Improper use of information by 14
local government employees) 15
(1) Section 200, heading, `Improper use'-- 16
omit, insert-- 17
`Use'. 18
(2) Section 200(3), `make improper use of information acquired 19
as a local government employee'-- 20
omit, insert-- 21
`use information acquired as a local government employee 22
to'. 23
(3) Section 200(3)(a), `to'-- 24
omit. 25
(4) Section 200(3)(b), `to cause'-- 26
Page 223
City of Brisbane Bill 2010
Chapter 9 Amendment of Acts
Part 3 Amendment of Local Government Act 2009
[s 309]
omit, insert-- 1
`cause'. 2
(5) Section 200(5) to (8)-- 3
renumber as section 200(6) to (9). 4
(6) Section 200-- 5
insert-- 6
`(5) Subsection (3) does not apply to information that is lawfully 7
available to the public.'. 8
(7) Section 200(8), as renumbered, `(5)'-- 9
omit, insert-- 10
`(6)'. 11
309 Insertion of new ss 204A to 204C 12
Chapter 6, part 6, after section 204-- 13
insert-- 14
`204A Authorised persons must disclose change in 15
criminal history 16
`(1) This section applies if there is a change in the criminal history 17
of an authorised person (including acquiring a criminal 18
history, for example). 19
`(2) The authorised person must, as soon as practicable after the 20
change, disclose to the chief executive officer the details of 21
the change, unless the person has a reasonable excuse. 22
Maximum penalty--100 penalty units. 23
`204B Chief executive officer may obtain report from police 24
commissioner 25
`(1) The chief executive officer may ask the police commissioner 26
to give the chief executive officer the following information 27
about an authorised person-- 28
Page 224
City of Brisbane Bill 2010
Chapter 9 Amendment of Acts
Part 3 Amendment of Local Government Act 2009
[s 309]
(a) a written report about the person's criminal history; 1
(b) a brief description of the circumstances of a conviction 2
mentioned in the person's criminal history. 3
`(2) The police commissioner must comply with the request. 4
`(3) However, the duty imposed on the police commissioner 5
applies only to information in the commissioner's possession 6
or to which the commissioner has access. 7
`204C Use of criminal history information 8
`(1) This section is about the use of criminal history information. 9
`(2) Criminal history information is information about the 10
criminal history of an authorised person obtained under 11
section 204A or 204B. 12
`(3) The department's chief executive may make guidelines for 13
dealing with criminal history information to ensure-- 14
(a) natural justice is afforded to the authorised persons 15
about whom the criminal history information relates; 16
and 17
(b) only relevant criminal history information is considered 18
in assessing the suitability of an authorised person to 19
exercise a power under a Local Government Act; and 20
(c) decisions based on criminal history information are 21
made consistently. 22
`(4) The chief executive officer must comply with the guidelines. 23
`(5) A person who has, or will have, a duty to disclose under 24
section 204A may request a copy of the guidelines from the 25
department. 26
`(6) The chief executive officer must not use criminal history 27
information for any purpose other than for assessing the 28
suitability of an authorised person to exercise a power under a 29
Local Government Act. 30
Maximum penalty for subsection (6)--100 penalty units.'. 31
Page 225
City of Brisbane Bill 2010
Chapter 9 Amendment of Acts
Part 3 Amendment of Local Government Act 2009
[s 310]
310 Insertion of new ch 6, part 6A 1
Chapter 6-- 2
insert-- 3
`Part 6A Authorised officers for the 4
department 5
`204D Appointing authorised officers 6
`(1) The department's chief executive may appoint a person as an 7
authorised officer for the department if the person has the 8
necessary expertise or experience to perform the functions of 9
the office. 10
`(2) An authorised officer's appointment is subject to the 11
conditions stated in-- 12
(a) the document that appoints the officer; or 13
(b) a written notice given to the officer by the department's 14
chief executive; or 15
(c) a regulation. 16
`204E End of appointment of authorised officers 17
`(1) A person stops being an authorised officer-- 18
(a) at the end of the term of appointment stated in the 19
document that appointed the officer; or 20
(b) if the officer gives the department's chief executive a 21
signed notice of resignation; or 22
(c) if it is a condition of the officer's appointment that the 23
officer hold another position at the same time--if the 24
officer stops holding the other position. 25
`(2) If it is a condition of the authorised officer's appointment that 26
the officer hold another position at the same time, a notice of 27
resignation for the other position acts as a notice of 28
resignation for both positions. 29
Page 226
City of Brisbane Bill 2010
Chapter 9 Amendment of Acts
Part 3 Amendment of Local Government Act 2009
[s 311]
`(3) This section does not limit the ways in which an authorised 1
officer's appointment ends. 2
`204F Identity card for authorised officers 3
`(1) The department's chief executive must give each authorised 4
officer an identity card. 5
`(2) This section does not stop a single identity card being issued 6
to a person for this Act and for another purpose. 7
`(3) A person who stops being an authorised officer must return 8
the person's identity card to the chief executive officer, within 9
21 days after stopping being an authorised officer, unless the 10
person has a reasonable excuse. 11
Maximum penalty for subsection (3)--10 penalty units.'. 12
311 Amendment of s 209 (Board's responsibilities) 13
Section 209(3)(a), `and'-- 14
omit, insert-- 15
`or'. 16
312 Amendment of s 210 (Board of directors) 17
Section 210(4)(a), `the Local Government Association of 18
Queensland Inc.'-- 19
omit, insert-- 20
`LGAQ Ltd.'. 21
313 Amendment of s 218 (Members of LG super scheme) 22
Section 218(2)(l), `(a) to (h)'-- 23
omit, insert-- 24
`(a) to (g)'. 25
Page 227
City of Brisbane Bill 2010
Chapter 9 Amendment of Acts
Part 3 Amendment of Local Government Act 2009
[s 314]
314 Amendment of s 226 (Super scheme for councillors) 1
Section 226(1)-- 2
omit, insert-- 3
`(1) A local government may, for its councillors-- 4
(a) establish and amend a superannuation scheme; or 5
(b) take part in a superannuation scheme.'. 6
315 Amendment of s 231 (Members of grants commission) 7
Section 231(7)(a), `Governor in Council'-- 8
omit, insert-- 9
`Minister'. 10
316 Amendment of s 235 (Administrators who act honestly 11
and without negligence are protected from liability) 12
(1) Section 235(4)(c), `person'-- 13
omit, insert-- 14
`officer'. 15
(2) Section 235(5), `An'-- 16
omit, insert-- 17
`A'. 18
(3) Section 235(5)(c)-- 19
omit, insert-- 20
`(c) an authorised person; or 21
(d) another local government employee.'. 22
317 Amendment of s 236 (Who is authorised to sign local 23
government documents) 24
(1) Section 236(1)(c)-- 25
Page 228
City of Brisbane Bill 2010
Chapter 9 Amendment of Acts
Part 3 Amendment of Local Government Act 2009
[s 318]
omit, insert-- 1
`(c) a councillor or local government employee who is 2
authorised by the head of the local government, in 3
writing, to sign documents.'. 4
(2) Section 236(2)-- 5
omit. 6
318 Amendment of s 239 (Substituted service) 7
Section 239(4)-- 8
omit. 9
319 Insertion of new s 239A 10
After section 239-- 11
insert-- 12
`239A Local Government Acts requiring a statement of a 13
law 14
`A provision of a Local Government Act, that requires a 15
document to contain a statement of a relevant provision of 16
law, is taken to be complied with if the document states that 17
particulars of the relevant provision may be-- 18
(a) obtained, free of charge, on application to the local 19
government; or 20
(b) viewed at an identified website.'. 21
320 Amendment of s 257 (Delegation of local government 22
powers) 23
(1) Section 257(1)-- 24
insert-- 25
`(f) a councillor, for the purpose of exercising a power as a 26
shareholder in relation to a corporate entity.'. 27
Page 229
City of Brisbane Bill 2010
Chapter 9 Amendment of Acts
Part 3 Amendment of Local Government Act 2009
[s 321]
(2) Section 257-- 1
insert-- 2
`(3) A joint standing committee, of the local government, is a 3
committee consisting of councillors of 2 or more of the local 4
governments.'. 5
321 Amendment of s 260 (Local government delegations 6
register) 7
Section 260(2), from `the following'-- 8
omit, insert-- 9
`all delegations by the local government, mayor or the chief 10
executive officer in the register of delegations.'. 11
322 Amendment of s 262 (Powers in support of 12
responsibilities) 13
(1) Section 262(1), `or another entity'-- 14
omit. 15
(2) Section 262(2), `or entity'-- 16
omit. 17
323 Amendment of s 270 (Regulation-making power) 18
(1) Section 270(2)(d)-- 19
omit, insert-- 20
`(d) a register of interests of the following-- 21
(i) councillors; 22
(ii) persons who are related to councillors; 23
(iii) other persons who are given responsibilities to 24
perform under this Act; or'. 25
(2) Section 270(2)(h)-- 26
Page 230
City of Brisbane Bill 2010
Chapter 9 Amendment of Acts
Part 3 Amendment of Local Government Act 2009
[s 324]
omit, insert-- 1
`(h) a process for the scrutiny of a local government's 2
budget.'. 3
324 Amendment of s 281 (Remuneration schedule) 4
Section 281, `Act.'-- 5
omit, insert-- 6
`Act until the tribunal prepares a remuneration schedule.'. 7
325 Amendment of s 284 (Continuation of electoral and 8
related provisions) 9
Section 284(3), `2010'-- 10
omit, insert-- 11
`2011'. 12
326 Amendment of s 287 (Local Government Association) 13
(1) Section 287(1) and (2)-- 14
omit, insert-- 15
`(1) On and from 1 July 2010-- 16
(a) the Local Government Association of Queensland 17
(Incorporated) (LGAQ Inc.) established under the 1993 18
Act stops being a public authority (however called) for 19
the purposes of an Act (including the Ombudsman Act 20
2001 and Public Records Act 2002, for example); and 21
(b) all rights, liabilities and interests of LGAQ Inc., that are 22
in existence immediately before 1 July 2010, are taken 23
to be the rights, liabilities and interests of LGAQ Ltd. 24
`(2) The LGAQ Ltd. is the corporation prescribed under a 25
regulation for this section.'. 26
(2) Section 287(3)(a), (b) and (c), `LGAQ Limited'-- 27
Page 231
City of Brisbane Bill 2010
Chapter 9 Amendment of Acts
Part 3 Amendment of Local Government Act 2009
[s 327]
omit, insert-- 1
`LGAQ Ltd.'. 2
(3) Section 287(3)(d) and (5), `LGAQ Limited'-- 3
omit, insert-- 4
`LGAQ Ltd'. 5
327 Renumbering of s 288 (Repeal) 6
Section 288-- 7
renumber as section 289. 8
328 Insertion of new s 288 9
Chapter 8-- 10
insert-- 11
`288 Continuing casual commissioners 12
`(1) A person appointed as a review commissioner under the 1993 13
Act immediately before the commencement of this section is, 14
on the commencement, taken to be appointed as a casual 15
commissioner under section 23. 16
`(2) The person-- 17
(a) is appointed for a term that is the remainder of the term 18
for which the person was appointed under the 1993 Act; 19
and 20
(b) holds office on the conditions applying to the person 21
under the 1993 Act.'. 22
329 Amendment of sch 1 (Acts amended) 23
(1) Schedule 1, amendments of Brisbane City Council Business 24
and Procedure Act 1939, City of Brisbane Act 1924, Criminal 25
Offence Victims Act 1995, Financial Administration and Audit 26
Act 1977, Freedom of Information Act 1992, Local 27
Page 232
City of Brisbane Bill 2010
Chapter 9 Amendment of Acts
Part 3 Amendment of Local Government Act 2009
[s 329]
Government (Chinatown and The Valley Malls) Act 1984, 1
Local Government (Queen Street Mall) Act 1981 and 2
Residential Tenancies Act 1994-- 3
omit. 4
(2) Schedule 1, amendment of Airport Assets (Restructuring and 5
Disposal) Act 2008, item 1, `1936'-- 6
omit, insert-- 7
`1993'. 8
(3) Schedule 1, amendments of Body Corporate and Community 9
Management Act 1997, item 1, `1936'-- 10
omit, insert-- 11
`1993'. 12
(4) Schedule 1, amendments of Local Government Act 1993-- 13
insert-- 14
`1AA Section 5(1), `councillor, other than a councillor of the 15
Brisbane City Council, is'-- 16
omit, insert-- 17
`councillor is'. 18
`1AB Section 5(2)-- 19
omit.'. 20
(5) Schedule 1, amendments of Local Government Act 1993-- 21
insert-- 22
`3A Section 284-- 23
omit.'. 24
(6) Schedule 1, amendments of Local Government Act 1993-- 25
insert-- 26
`4A Section 298(4)-- 27
omit. 28
Page 233
City of Brisbane Bill 2010
Chapter 9 Amendment of Acts
Part 3 Amendment of Local Government Act 2009
[s 329]
`4B Section 299(3)-- 1
omit. 2
`4C Section 300(4)-- 3
omit. 4
`4D Section 302(2)-- 5
omit. 6
`4E Section 314(4)-- 7
omit.'. 8
(7) Schedule 1, amendments of Local Government Act 1993-- 9
insert-- 10
`8A Section 415(2)-- 11
omit. 12
`8B Section 425(1), `other than the Brisbane City Council'-- 13
omit. 14
`8C Section 425(2)-- 15
omit.'. 16
(8) Schedule 1, amendments of Local Government Act 1993-- 17
insert-- 18
`16A Section 431A-- 19
omit. 20
`16B Section 435A, definition nomination entity-- 21
omit, insert-- 22
Page 234
City of Brisbane Bill 2010
Chapter 9 Amendment of Acts
Part 3 Amendment of Local Government Act 2009
[s 329]
`nomination entity, for a candidate's nomination, means the 1
returning officer for the election.'. 2
`16C Chapter 5, part 9, division 1-- 3
omit. 4
`16D Section 441C, definition caretaker period-- 5
omit, insert-- 6
`caretaker period, for an election, other than a by-election, for a 7
local government, means the election period for the election under 8
this Act.'.'. 9
(9) Schedule 1, amendments of Sanctuary Cove Resort Act 1985, 10
items 1 and 2-- 11
omit, insert-- 12
`1 Section 5(4), `Local Government Act 1993'-- 13
omit, insert-- 14
`Local Government Act 2009'. 15
`2 Schedule 9, definition former Albert Shire Council, before 16
`Local Government Act 1993'-- 17
insert-- 18
`repealed'.'. 19
(10) Schedule 1, amendment of South Bank Corporation Act 1989, 20
item 1-- 21
omit, insert-- 22
`1 Sections 17(3), 18(2), 92(2) and 100(1), `Local Government 23
Act 1993'-- 24
omit, insert-- 25
`Local Government Act 2009'.'. 26
Page 235
City of Brisbane Bill 2010
Chapter 9 Amendment of Acts
Part 3 Amendment of Local Government Act 2009
[s 330]
330 Omission of sch 3 (Comparative terms for the Brisbane 1
City Council) 2
Schedule 3-- 3
omit. 4
331 Amendment of sch 4 (Dictionary) 5
(1) Schedule 4, definitions auditor-general, corporate entity, 6
drafting certificate, ordinary business matter and Queensland 7
Contact with Lobbyists Code-- 8
omit. 9
(2) Schedule 4-- 10
insert-- 11
`advice guidelines see section 170A(2). 12
auditor-general means the Queensland Auditor-General 13
under the Auditor-General Act 2009. 14
authorised officer means a person who holds office under 15
section 204D. 16
business activity, of a local government, means trading in 17
goods and services by the local government. 18
cause detriment to a local government-- 19
1 To cause detriment to a local government includes-- 20
(a) to sabotage a lawful process of the council 21
(including adopting a budget or conducting a 22
tender process, for example); or 23
(b) to cause the council to suffer a loss in its lawful 24
performance of a function or commercial activity 25
(including the loss of a future contractual 26
arrangement, for example). 27
2 To cause detriment to a local government does not 28
include-- 29
(a) merely embarrassing the council; or 30
Page 236
City of Brisbane Bill 2010
Chapter 9 Amendment of Acts
Part 3 Amendment of Local Government Act 2009
[s 331]
(b) merely causing disagreement between councillors. 1
conviction includes a finding of guilt, and the acceptance of a 2
plea of guilty, by a court, whether or not a conviction is 3
recorded. 4
corporate entity means an entity that has been corporatised 5
under this Act and to which the Corporations Act does not 6
apply. 7
criminal history, of a person, means all convictions, other 8
than spent convictions, recorded against the person for 9
offences, in Queensland or elsewhere, whether before or after 10
the commencement of this Act. 11
drafting certificate, for a local law, means a certificate signed 12
by the chief executive officer stating the local law was drafted 13
in accordance with the drafting standards. 14
drafting standards, for local laws, means the standards, for 15
drafting local laws, prescribed under a regulation. 16
investigator see section 212(2). 17
ordinary business matter means-- 18
(a) the remuneration of councillors or members of a local 19
government committee; or 20
(b) the provision of superannuation entitlements or accident 21
insurance for councillors or local government 22
employees; or 23
(c) the terms on which goods, services or facilities are to be 24
offered by the local government for use or enjoyment of 25
the public in the local government area; or 26
(d) the making or levying of rates and charges, or the fixing 27
of a cost-recovery fee, by the local government; or 28
(e) a planning scheme of general application in the local 29
government area; or 30
(f) a resolution required for the adoption of a budget for the 31
council; or 32
Page 237
City of Brisbane Bill 2010
Chapter 9 Amendment of Acts
Part 3 Amendment of Local Government Act 2009
[s 331]
(g) a matter that is of interest to a person merely as-- 1
(i) an employee of the State or a government entity; or 2
(ii) an elector, ratepayer or resident of the local 3
government area; or 4
(iii) a beneficiary under a policy of accident insurance, 5
public liability or professional indemnity insurance 6
held, or to be held, by the local government; or 7
(iv) a user of goods, services or facilities supplied, or to 8
be supplied, by the local government (whether 9
under a contract or otherwise) as a member of the 10
public in common with other members of the 11
public; or 12
(v) a candidate for election or appointment as a mayor, 13
deputy mayor or member of a committee of the 14
local government. 15
(vi) a member of a non-profit, charitable or religious 16
organisation involving no personal financial gain 17
or loss to the person. 18
police commissioner means the commissioner of the police 19
service under the Police Service Administration Act 1990. 20
spent conviction means a conviction-- 21
(a) for which the rehabilitation period under the Criminal 22
Law (Rehabilitation of Offenders) Act 1986 has expired; 23
and 24
(b) that is not revived as prescribed by section 11 of that 25
Act. 26
standing committee, of a local government, means a 27
committee of its councillors that meets to discuss the topic 28
decided by the local government when establishing the 29
committee.'. 30
(3) Schedule 4, definition identity card, paragraph (a)-- 31
omit, insert-- 32
Page 238
City of Brisbane Bill 2010
Chapter 9 Amendment of Acts
Part 4 Amendment of Right to Information Act 2009
[s 332]
`(a) identifies the person as an authorised person, local 1
government worker or authorised officer; and'. 2
Part 4 Amendment of Right to 3
Information Act 2009 4
332 Act amended 5
This part amends the Right to Information Act 2009. 6
333 Amendment of s 21 (Requirement for publication 7
scheme) 8
(1) Section 21(4)-- 9
renumber as section 21(5). 10
(2) Section 21-- 11
insert-- 12
`(4) Without limiting subsection (3), the Minister may make 13
guidelines about a publication scheme of the Brisbane City 14
Council requiring the scheme to set out that the council has 15
available information of or about the council's Establishment 16
and Coordination Committee.'. 17
334 Amendment of sch 3 (Exempt information) 18
Schedule 3-- 19
insert-- 20
`4A BCC Establishment and Coordination Committee 21
information 22
`(1) Information is exempt information for 10 years after its 23
relevant date if-- 24
Page 239
City of Brisbane Bill 2010
Chapter 9 Amendment of Acts
Part 4 Amendment of Right to Information Act 2009
[s 334]
(a) it has been brought into existence for the consideration 1
of the committee; or 2
(b) its disclosure would reveal any consideration of the 3
committee or would otherwise prejudice the 4
confidentiality of committee considerations or 5
operations. 6
`(2) Subsection (1) does not apply to information officially 7
published by decision of the council. 8
`(3) Without limiting subsection (1), the following documents are 9
taken to be documents comprised exclusively of exempt 10
information under subsection (1)-- 11
(a) committee submissions; 12
(b) committee briefing notes; 13
(c) committee agendas; 14
(d) notes of discussions in committee; 15
(e) committee minutes; 16
(f) committee decisions; 17
(g) a draft of a document mentioned in any of paragraphs 18
(a) to (f). 19
`(4) A report of factual or statistical information attached to a 20
document mentioned in subsection (3) is exempt information 21
under subsection (1) only if-- 22
(a) its disclosure would have an effect mentioned in 23
subsection (1)(b); or 24
(b) it was brought into existence for the consideration of the 25
committee. 26
`(5) In this section-- 27
committee means the Establishment and Coordination 28
Committee under the City of Brisbane Act 2010 and includes 29
the Establishment and Coordination Committee, as 30
constituted from time to time before the commencement of 31
this section, under a local law of the council. 32
Page 240
City of Brisbane Bill 2010
Chapter 9 Amendment of Acts
Part 5 Amendment of Workplace Health and Safety Act 1995
[s 335]
consideration includes-- 1
(a) discussion, deliberation, noting (with or without 2
discussion) or decision; and 3
(b) consideration for any purpose, including, for example, 4
for information or to make a decision. 5
council means the Brisbane City Council. 6
draft includes a preliminary or working draft. 7
relevant date, for information, means-- 8
(a) for information considered by the committee--the date 9
the information was most recently considered by the 10
committee; or 11
(b) for other information--the date the information was 12
brought into existence. 13
`4B Budgetary information for local governments 14
`(1) Information brought into existence in the course of a local 15
government's budgetary processes is exempt information for 16
10 years after the date it was brought into existence. 17
`(2) Subsection (1) does not apply to information officially 18
published by decision of the local government.'. 19
Part 5 Amendment of Workplace 20
Health and Safety Act 1995 21
335 Act amended 22
This part amends the Workplace Health and Safety Act 1995. 23
Page 241
City of Brisbane Bill 2010
Chapter 9 Amendment of Acts
Part 6 Amendment of other Acts
[s 336]
336 Amendment of s 170 (Definitions for div 3) 1
Section 170, definition government body, `another'-- 2
omit, insert-- 3
`a local government, another'. 4
Part 6 Amendment of other Acts 5
337 Minor and consequential amendments 6
Schedule 1 amends the Acts it mentions. 7
Page 242
City of Brisbane Bill 2010
Schedule 1
Schedule 1 Minor and consequential 1
amendments 2
section 337 3
Amendments of this Act 4
1 Long title, from `Brisbane, to amend'-- 5
omit, insert-- 6
`Brisbane'. 7
2 Section 6, `schedule 2'-- 8
omit, insert-- 9
`the schedule'. 10
3 Schedule 2-- 11
renumber as schedule. 12
Aboriginal Land Act 1991 13
1 Section 22(1), `City of Brisbane Act 1924'-- 14
omit, insert-- 15
`City of Brisbane Act 2010'. 16
Page 243
City of Brisbane Bill 2010
Schedule 1
Airport Assets (Restructuring and Disposal) Act 2008 1
1 Section 99(2)(a), `of the'-- 2
omit, insert-- 3
`of the City of Brisbane Act 2010 or the'. 4
Brisbane River Tidal Lands Improvement Act 1927 5
1 Sections 2 and 4, `City of Brisbane Act 1924'-- 6
omit, insert-- 7
`City of Brisbane Act 2010'. 8
Building Units and Group Titles Act 1980 9
1 Section 64(1), `City of Brisbane Act 1924'-- 10
omit, insert-- 11
`City of Brisbane Act 2010'. 12
Electoral Act 1992 13
1 Section 31(3)(a), `City of Brisbane Act 1924 or'-- 14
omit. 15
2 Section 152(2)(a)(iii)-- 16
omit. 17
Page 244
City of Brisbane Bill 2010
Schedule 1
Fair Trading Act 1989 1
1 Section 9(1)(b)(iv), `City of Brisbane Act 1924'-- 2
omit, insert-- 3
`City of Brisbane Act 2010'. 4
Fair Work (Commonwealth Powers) and Other 5
Provisions Act 2009 6
1 Section 3, definition local government sector employer, 7
paragraph (b), `City of Brisbane Act 1924'-- 8
omit, insert-- 9
`City of Brisbane Act 2010'. 10
Fire and Rescue Service Act 1990 11
1 Section 114(3), `City of Brisbane Act 1924'-- 12
omit, insert-- 13
`City of Brisbane Act 2010'. 14
2 Section 115(2), definition relevant provisions-- 15
omit, insert-- 16
`relevant provisions means the provisions prescribed under a 17
regulation.'. 18
Page 245
City of Brisbane Bill 2010
Schedule 1
3 Section 119(1), `under the'-- 1
omit, insert-- 2
`under the City of Brisbane Act 2010 or the'. 3
4 Section 123(2), `under the'-- 4
omit, insert-- 5
`under the City of Brisbane Act 2010 or the'. 6
5 Section 128A(a)-- 7
omit, insert-- 8
`(a) for Brisbane City Council--special rates and charges, or 9
separate rates and charges, under the City of Brisbane 10
Act 2010;'. 11
Industrial Development Act 1963 12
1 Section 3(6), `City of Brisbane Act 1924'-- 13
omit, insert-- 14
`City of Brisbane Act 2010'. 15
Industrial Relations Act 1999 16
1 Section 692(2), `established under the City of Brisbane 17
Act 1924'-- 18
omit, insert-- 19
`under the City of Brisbane Act 2010'. 20
Page 246
City of Brisbane Bill 2010
Schedule 1
Judicial Review Act 1991 1
1 Section 18B 2
omit, insert-- 3
`18B Application of Act to corporate entities of local 4
governments 5
`This Act does not apply to decisions of a corporate entity to 6
the extent provided under-- 7
(a) the Local Government Act 2009, section 58A; or 8
(b) the City of Brisbane Act 2010, section 57.'. 9
Land Act 1994 10
1 Section 56(4)(a), `City of Brisbane Act 1924'-- 11
omit, insert-- 12
`City of Brisbane Act 2010'. 13
Libraries Act 1988 14
1 Section 54, `City of Brisbane Act 1924'-- 15
omit, insert-- 16
`City of Brisbane Act 2010'. 17
Page 247
City of Brisbane Bill 2010
Schedule 1
Metropolitan Water Supply and Sewerage Act 1909 1
1 Section 7, `subject to the provisions of the City of 2
Brisbane Act 1924, section 51, and the order in council 3
made on 28 March 1928 under that section and'-- 4
omit. 5
2 Section 7-- 6
insert-- 7
`(2) In this section-- 8
City of Brisbane means Brisbane under the City of Brisbane 9
Act 2010.'. 10
National Trust of Queensland Act 1963 11
1 Section 6(3)(a), `City of Brisbane Act 1924'-- 12
omit, insert-- 13
`City of Brisbane Act 2010'. 14
Public Sector Ethics Act 1994 15
1 Schedule, definition local government legislation, `City of 16
Brisbane Act 1924'-- 17
omit, insert-- 18
`City of Brisbane Act 2010'. 19
Page 248
City of Brisbane Bill 2010
Schedule 1
Racing Venues Development Act 1982 1
1 Section 32, `City of Brisbane Act 1924'-- 2
omit, insert-- 3
`City of Brisbane Act 2010'. 4
South Bank Corporation Act 1989 5
1 Section 3, definition council, `City of Brisbane Act 6
1924'-- 7
omit, insert-- 8
`City of Brisbane Act 2010'. 9
2 Section 92(2), `City of Brisbane Act 1924, despite the 10
provisions of the Local Government Act 1993'-- 11
omit, insert-- 12
`City of Brisbane Act 2010'. 13
3 Sections 92(3) and (4), `City of Brisbane Act 1924'-- 14
omit, insert-- 15
`City of Brisbane Act 2010'. 16
4 Section 100(1), `City of Brisbane Act 1924'-- 17
omit, insert-- 18
`City of Brisbane Act 2010'. 19
Page 249
City of Brisbane Bill 2010
Schedule 1
5 Schedule 4, item 64(1), `Local Government Act 1993 or 1
City of Brisbane Act 1924'-- 2
omit, insert-- 3
`City of Brisbane Act 2010'. 4
Urban Land Development Authority Act 2007 5
1 Section 20, `City of Brisbane Act 1924'-- 6
omit, insert-- 7
`City of Brisbane Act 2010'. 8
Valuation of Land Act 1944 9
1 Section 25(3), `1993, section 1027 and the City of 10
Brisbane Act 1924, section 70'-- 11
omit, insert-- 12
`2009 and the City of Brisbane Act 2010'. 13
2 Section 25(4), `1993, section 1027'-- 14
omit, insert-- 15
`2009'. 16
3 Section 25(5), `City of Brisbane Act 1924, section 70'-- 17
omit, insert-- 18
`City of Brisbane Act 2010'. 19
Page 250
City of Brisbane Bill 2010
Schedule 1
4 Section 25(7), definition rating Act-- 1
omit, insert-- 2
`rating Act means-- 3
(a) the City of Brisbane Act 2010; or 4
(b) the Local Government Act 2009.'. 5
5 Sections 29A(1), 30(1)(a), 72(1)(c) and 101A(7)(c), `City of 6
Brisbane Act 1924'-- 7
omit, insert-- 8
`City of Brisbane Act 2010'. 9
Page 251
City of Brisbane Bill 2010
Schedule 2
Schedule 2 Dictionary 1
section 6 2
acceptable requests guidelines see section 166(5). 3
adopt, by the council, means adopt by resolution of the 4
council. 5
advice guidelines see section 166(6). 6
ancillary works and encroachments means-- 7
(a) cellars; or 8
(b) gates; or 9
(c) temporary rock anchors for building support; or 10
(d) ancillary works and encroachments under the Transport 11
Infrastructure Act. 12
anti-competitive provision means a provision that a regulation 13
identifies as creating barriers to-- 14
(a) entry to a market; or 15
(b) competition within a market. 16
appropriately qualified, for a delegated power, includes 17
having the qualifications, experience or standing to exercise 18
the power. 19
Example of standing-- 20
a person's classification level in the public service 21
approved form means a form approved under section 242. 22
approved inspection program see section 118(2). 23
auditor-general means the Queensland Auditor-General 24
under the Auditor-General Act 2009. 25
authorised officer means a person who holds office under the 26
Local Government Act, section 204D. 27
authorised person means a person who holds office under 28
section 194. 29
Page 252
City of Brisbane Bill 2010
Schedule 2
BCC councillor conduct review panel see section 173(7). 1
BCC councillors code of conduct see section 174(2). 2
beginning, of the council's term, see section 156(3). 3
beneficial enterprise see section 41(3). 4
boundary change see section 19(2). 5
Brisbane means the City of Brisbane. 6
Building Act means the Building Act 1975. 7
building certifying activity see section 49(4). 8
building unit means a lot under-- 9
(a) the Body Corporate and Community Management Act 10
1997; or 11
(b) the Building Units and Group Titles Act 1980; or 12
(c) the Integrated Resort Development Act 1987; or 13
(d) the Mixed Use Development Act 1993; or 14
(e) another Act prescribed under a regulation. 15
business activity, of the council, means trading in goods and 16
services by the council. 17
business unit, of the council, means a part of the council that 18
conducts a business activity of the council. 19
cause detriment to the council-- 20
1 To cause detriment to the council includes-- 21
(a) to sabotage a lawful process of the council 22
(including adopting a budget or conducting a 23
tender process, for example); or 24
(b) to cause the council to suffer a loss in its lawful 25
performance of a function or commercial activity 26
(including the loss of a future contractual 27
arrangement, for example). 28
2 To cause detriment to the council does not include-- 29
(a) merely embarrassing the council; or 30
(b) merely causing disagreement between councillors. 31
Page 253
City of Brisbane Bill 2010
Schedule 2
chairperson of the council means the councillor appointed by 1
the council under section 25(1). 2
change commission means the change commission 3
established under the Local Government Act. 4
charges includes any interest accrued, or premium owing, on 5
the charges. 6
chief executive officer means the person who holds an 7
appointment under section 185. 8
code of competitive conduct see section 49(2). 9
commercialisation, of a significant business activity, see 10
section 46(2). 11
committee chairperson, for a committee of the council, 12
means the councillor appointed by members of the committee 13
as chairperson of the committee. 14
Commonwealth Super Act means the Superannuation 15
Industry (Supervision) Act 1993 (Cwlth). 16
competitive neutrality principle see section 45(3). 17
conclusion, of the election of a councillor, means the day-- 18
(a) for quadrennial elections for the election of the 19
councillor--when the names of all elected candidates 20
are published in the gazette; or 21
(b) for a by-election (whether or not a poll is 22
conducted)--when the name of the elected candidate is 23
published in the gazette. 24
conflict of interest see section 170(3). 25
consolidated version, of a local law, see section 33(2). 26
contractor, of the council, means-- 27
(a) a person who provides services under a contract with the 28
council; or 29
(b) a person prescribed under a regulation. 30
conviction includes a finding of guilt, and the acceptance of a 31
plea of guilty, by a court, whether or not a conviction is 32
recorded. 33
Page 254
City of Brisbane Bill 2010
Schedule 2
corporate entity means an entity that has been corporatised 1
under this Act and to which the Corporations Act does not 2
apply. 3
corporatisation, of a significant business activity, see section 4
46(3). 5
cost-recovery fee see section 95(2). 6
council see section 9. 7
council employee means any of the following of or relating to 8
the council-- 9
(a) the chief executive officer; 10
(b) a senior contract employee; 11
(c) a person holding an appointment under section 188. 12
councillor, for the council, includes the mayor. 13
council worker see section 123(6). 14
court means a court of competent jurisdiction. 15
Crime and Misconduct Act means the Crime and Misconduct 16
Act 2001. 17
criminal history, of a person, means all convictions, other 18
than spent convictions, recorded against the person for 19
offences, in Queensland or elsewhere, whether before or after 20
the commencement of this Act. 21
department's chief executive means the chief executive of the 22
department. 23
distribution, of a how-to-vote card-- 24
(a) includes make the card available to other persons; but 25
(b) does not include merely display the card. 26
Examples-- 27
1 A person distributes how-to-vote cards if the person hands the cards 28
to other persons or leaves them at a place for other persons to take 29
away. 30
2 A person does not distribute how-to-vote cards if the person 31
attaches the cards to walls and other structures, merely for display. 32
Page 255
City of Brisbane Bill 2010
Schedule 2
drafting certificate, for a local law, means a certificate signed 1
by the chief executive officer stating the local law was drafted 2
in accordance with the drafting standards. 3
drafting standards, for local laws, means the standards, for 4
drafting local laws, prescribed under a regulation. 5
elected includes re-elected. 6
elector means a person entitled to vote in an election of 7
councillors. 8
Electoral Act means the Electoral Act 1992. 9
electoral commission means the Electoral Commission of 10
Queensland under the Electoral Act. 11
electoral commissioner means the electoral commissioner 12
under the Electoral Act. 13
encumbrance includes any of the following that affects 14
land-- 15
(a) a mortgage, lien or charge; 16
(b) a caveat; 17
(c) an agreement; 18
(d) a judgement, writ or process; 19
(e) an interest adverse to the interest of the land's owner; 20
but does not include an easement. 21
establish, a superannuation scheme, includes join in 22
establishing a superannuation scheme. 23
Establishment and Coordination Committee means the 24
council's Establishment and Coordination Committee 25
continued under section 24. 26
final part, of the council's term, see section 156(5). 27
Forestry Act means the Forestry Act 1959. 28
fresh election means an election of all the councillors of the 29
council that is not a quadrennial election. 30
full cost pricing, of a significant business activity, see section 31
46(4). 32
Page 256
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Schedule 2
full-time government job see section 163(2). 1
general rates see section 90(2). 2
government entity has the same meaning as in the 3
Government Owned Corporations Act 1993. 4
grants commission means the grants commission established 5
under the Local Government Act. 6
head of the council means-- 7
(a) if the council is constituted by its councillors--the 8
mayor; or 9
(b) if the council is constituted by its chief executive 10
officer--the chief executive officer. 11
home includes-- 12
(a) a room in a boarding house; and 13
(b) a caravan; and 14
(c) a manufactured home within the meaning of the 15
Manufactured Homes (Residential Parks) Act 2003, 16
section 10. 17
Housing Act contract means a contract of sale-- 18
(a) that was entered into under-- 19
(i) the State Housing Act 1945, section 24, before the 20
repeal of that Act; or 21
(ii) the Housing Act 2003, section 113; or 22
(b) under which-- 23
(i) the purchase price, other than the deposit, is 24
payable in 2 or more instalments; or 25
(ii) the sale is of a share in a house and land. 26
how-to-vote card means-- 27
(a) a card, handbill or pamphlet, relating to an election for 28
which optional preferential voting applies, that-- 29
(i) is or includes a representation of a ballot paper or 30
part of a ballot paper; or 31
Page 257
City of Brisbane Bill 2010
Schedule 2
(ii) is or includes something apparently intended to 1
represent a ballot paper or part of a ballot paper; or 2
(iii) lists the names of any or all of the candidates for 3
the election with a number indicating an order of 4
voting preference against the names of any or all of 5
the candidates; or 6
(iv) otherwise directs or encourages the casting of 7
preference votes, other than first preference votes, 8
in a particular way; or 9
(b) a card, handbill or pamphlet, relating to an election for 10
which first-past-the-post voting applies, that-- 11
(i) is or includes a representation of a ballot paper or 12
part of a ballot paper; or 13
(ii) is or includes something apparently intended to 14
represent a ballot paper or part of a ballot paper; or 15
(iii) directs or encourages the casting of a vote for a 16
number of particular candidates equal to the 17
number of candidates to be elected. 18
identity card, of a person, means a card that-- 19
(a) identifies the person as an authorised person, council 20
worker or authorised officer; and 21
(b) contains a recent photo of the person; and 22
(c) contains a copy of the person's signature; and 23
(d) states the expiry date for the identity card. 24
inappropriate conduct see section 173(4). 25
industrial instrument means an industrial instrument under 26
the Industrial Relations Act. 27
Industrial Relations Act means the Industrial Relations Act 28
1999. 29
interim local law see section 27(4). 30
investigator see section 200(2). 31
joint government activity see section 12(2). 32
Page 258
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Schedule 2
judicial review means a review under the Judicial Review Act. 1
Judicial Review Act means the Judicial Review Act 1991. 2
land includes-- 3
(a) freehold land; and 4
(b) land held from the State for a leasehold interest; and 5
(c) a mining claim. 6
Land Act means the Land Act 1994. 7
Land Title Act means the Land Title Act 1994. 8
Local Government Act means the Local Government Act 9
2009. 10
local government area see the Local Government Act, 11
section 8(2). 12
Local Government (Financial Assistance) Act means the 13
Local Government (Financial Assistance) Act 1995 (Cwlth). 14
local government principles see section 4(2). 15
local government related law means a law under which the 16
council performs the council's responsibilities, including, for 17
example-- 18
(a) this Act; and 19
(b) the Local Government Act; and 20
(c) a local law; and 21
(d) the Planning Act; and 22
(e) a planning scheme, under the Planning Act; and 23
(f) the Plumbing and Drainage Act; and 24
(g) the Water Act 2000; and 25
(h) the Water Supply (Safety and Reliability) Act 2008. 26
local law see section 27(2). 27
material personal interest see section 169(2). 28
middle, of the council's term, see section 156(4). 29
Page 259
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Schedule 2
mining claim means a mining claim under the Mineral 1
Resources Act 1989. 2
misconduct see section 173(3). 3
model local law see section 27(7). 4
National Competition Policy Agreements means the 5
following agreements (made between the Commonwealth and 6
the States on 11 April 1995), as in force for the time being-- 7
(a) the Conduct Code Agreement; 8
(b) the Competition Principles Agreement; 9
(c) the Agreement to Implement National Competition 10
Policy and Related Reforms. 11
notice of intention to acquire land see section 64(2). 12
occupier, of property, see section 110(6). 13
ordinary business matter means-- 14
(a) the remuneration of councillors or members of a council 15
committee; or 16
(b) the provision of superannuation entitlements or accident 17
insurance for councillors or council employees; or 18
(c) the terms on which goods, services or facilities are to be 19
offered by the council for use or enjoyment of the public 20
in Brisbane; or 21
(d) the making or levying of rates and charges, or the fixing 22
of a cost-recovery fee, by the council; or 23
(e) a planning scheme of general application in Brisbane; or 24
(f) a resolution required for the adoption of a budget for the 25
council; or 26
(g) a matter that is of interest to a person merely as-- 27
(i) an employee of the State or a government entity; or 28
(ii) an elector, ratepayer or resident of Brisbane; or 29
(iii) a beneficiary under a policy of accident insurance, 30
public liability or professional indemnity insurance 31
held, or to be held, by the council; or 32
Page 260
City of Brisbane Bill 2010
Schedule 2
(iv) a user of goods, services or facilities supplied, or to 1
be supplied, by the council (whether under a 2
contract or otherwise) as a member of the public in 3
common with other members of the public; or 4
(v) a candidate for election or appointment as a mayor, 5
deputy mayor or member of a committee of the 6
council; or 7
(vi) a member of a non-profit, charitable or religious 8
organisation involving no personal financial gain 9
or loss to the person. 10
overall State interest is-- 11
(a) an interest that the Minister considers affects the 12
economic, environmental or social interest of all or part 13
of the State; or 14
(b) an interest that the Minister considers affects the interest 15
of ensuring there is an accountable, effective and 16
efficient system of local government; or 17
(c) an interest prescribed under a regulation. 18
owner of land-- 19
1 An owner of land is-- 20
(a) a registered proprietor of freehold land; or 21
(b) a purchaser of freehold land from the State under 22
an Act; or 23
(c) a purchaser of land under a Housing Act contract; 24
or 25
(d) a person who has a share in land that the person 26
bought under a Housing Act contract; or 27
(e) a lessee of land held from the State, and a manager, 28
overseer or superintendent of the lessee who lives 29
on the land; or 30
(f) the holder of a mining claim or lease; or 31
(g) the holder of land mentioned in the Mineral 32
Resources Act 1989, schedule, definition owner; or 33
Page 261
City of Brisbane Bill 2010
Schedule 2
(h) a lessee under the Petroleum Act 1923 or the 1
Petroleum and Gas (Production and Safety) Act 2
2004; or 3
(i) a lessee of land held from a government entity or 4
the council; or 5
(j) the holder of an occupation permit or stock grazing 6
permit under the Forestry Act or of a permit 7
prescribed under a regulation; or 8
(k) the holder of a permission to occupy from the chief 9
executive of the department responsible for the 10
administration of the Forestry Act; or 11
(l) the holder of a permit to occupy under the Land 12
Act; or 13
(m) a licensee under the Land Act; or 14
(n) for land on which there is a structure subject to a 15
timeshare scheme--the person notified to the 16
council as the person responsible for the 17
administration of the scheme as between the 18
participants in the scheme; or 19
(o) another person who is entitled to receive rent for 20
the land; or 21
(p) another person who would be entitled to receive 22
rent for the land if it were leased at a full 23
commercial rent. 24
2 However, an owner of land does not include the State, or 25
a government entity, except as far as the State or 26
government entity is liable under an Act to pay rates. 27
Planning Act means the Sustainable Planning Act 2009. 28
Planning and Environment Court see the Planning Act. 29
planning scheme see the Planning Act, section 79. 30
Plumbing and Drainage Act means the Plumbing and 31
Drainage Act 2002. 32
police commissioner means the commissioner of the police 33
service under the Police Service Administration Act 1990. 34
Page 262
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Schedule 2
political party means an organisation registered as a political 1
party under the Electoral Act. 2
private property see section 110(4). 3
private sector means an entity that is not-- 4
(a) the Commonwealth or a State; or 5
(b) a State authority; or 6
(c) a local government. 7
property means land, any structure on the land, and a vehicle. 8
public office, of the council, see section 236. 9
public place see section 110(5). 10
public thoroughfare easement is an easement created 11
under-- 12
(a) the Land Act, chapter 6, part 4, division 8; or 13
(b) the Land Title Act, part 6, division 4. 14
public utilities means-- 15
(a) works for the supply of drainage, electricity, gas, 16
sewerage, telecommunications or water; or 17
(b) works for an infrastructure corridor under the State 18
Development and Public Works Organisation Act 1971, 19
section 82; or 20
(c) works for a purpose mentioned in the State Development 21
and Public Works Organisation Act 1971, section 125; 22
or 23
(d) other works declared under a regulation to be a public 24
utility. 25
quadrennial elections means the elections for local 26
governments that are held in 2012, and every fourth year after 27
2012. 28
rateable land see section 91(2). 29
rates includes any interest accrued, or premium owing, on the 30
rates. 31
Page 263
City of Brisbane Bill 2010
Schedule 2
rates and charges see section 89(2). 1
reasonable proportion of electors see section 17(4). 2
reasonable written notice see section 123(4). 3
registered officer, of a political party, means the registered 4
officer of the political party under the Electoral Act. 5
registrar of titles means the public authority responsible for 6
registering title to land and dealings affecting land. 7
remedial notice see section 123(2). 8
repealed Business and Procedure Act means the repealed 9
Brisbane City Council Business and Procedure Act 1939. 10
repealed City of Brisbane Act means the repealed City of 11
Brisbane Act 1924. 12
repealed mall Act means-- 13
(a) the repealed Local Government (Chinatown and The 14
Valley Malls) Act 1984; or 15
(b) the repealed Local Government (Queen Street Mall) Act 16
1981. 17
resolution, of the council, means the formal decision of the 18
council at a council meeting. 19
responsibility includes a function. 20
reward does not include-- 21
(a) a councillor's remuneration as a councillor; or 22
(b) an amount decided under the deed under the 23
Superannuation (State Public Sector) Act 1990 in 24
relation to a transferring member within the meaning of 25
section 32A of that Act; or 26
(c) reasonable expenses actually incurred for any 1 or more 27
of the following-- 28
(i) accommodation; 29
(ii) meals; 30
(iii) domestic air travel; 31
Page 264
City of Brisbane Bill 2010
Schedule 2
(iv) taxi fares or public transport charges; 1
(v) motor vehicle hire; or 2
(d) an amount paid as a pension or otherwise for past 3
service in a full-time government job. 4
road see section 62(2). 5
roads activity see section 49(5). 6
rules of procedure see section 25(4). 7
sanitary drain-- 8
(a) means a drain that is immediately connected to, and 9
used to carry discharges from, a soil or waste pipe; but 10
(b) does not include a pipe that is a part of a drain for 11
carrying off effluent from a property after treatment in 12
an on-site sewerage facility. 13
senior contract employee means a council employee who is-- 14
(a) employed on a contractual basis; and 15
(b) is classified by the council as `senior executive service'. 16
separate rates and charges see section 90(5). 17
sewerage treatment system means the infrastructure used to 18
receive, transport and treat sewage or effluent (including 19
sewers, access chambers, machinery, outfalls, pumps, 20
structures and vents, for example). 21
sign, a thing, includes the making of a mark on the thing in 22
front of someone else who signs the thing as witness. 23
significant business activity see section 45(4). 24
special rates and charges see section 90(3). 25
spent conviction means a conviction-- 26
(a) for which the rehabilitation period under the Criminal 27
Law (Rehabilitation of Offenders) Act 1986 has expired; 28
and 29
(b) that is not revived as prescribed by section 11 of that 30
Act. 31
Page 265
City of Brisbane Bill 2010
Schedule 2
standing committee, of the council, means a committee of its 1
councillors that meets to discuss the topics decided by the 2
council when establishing the committee. 3
State-controlled road see the Transport Infrastructure Act, 4
schedule 6. 5
State office, of the department, means the office of the 6
department at the address prescribed under a regulation. 7
Statutory Bodies Financial Arrangements Act means the 8
Statutory Bodies Financial Arrangements Act 1982. 9
statutory committee, of the council, means a committee of the 10
council that is required under this Act and may not be 11
dissolved by the council. 12
stormwater drain see section 80(2). 13
stormwater installation see section 80(3). 14
structure means anything that is built or constructed, whether 15
or not it is attached to land. 16
subordinate local law see section 27(5). 17
super board see the Local Government Act, section 208(1). 18
sustainable development is development that is designed to 19
meet present needs while also taking into account future costs 20
(including costs to the environment and the depletion of 21
natural resources, for example). 22
timeshare scheme, for a structure, means a scheme that is to 23
operate for at least 3 years during which time the participants 24
in the scheme are, or may become, entitled to use, occupy or 25
possess the structure, or part of the structure, for 2 or more 26
periods. 27
Transport Infrastructure Act means the Transport 28
Infrastructure Act 1994. 29
tribunal see the Local Government Act, section 183. 30
trust deed means a trust deed made by the super board. 31
Page 266
City of Brisbane Bill 2010
Schedule 2
utility charges see section 90(4). 1
ward, of Brisbane, see section 17(1). 2
© State of Queensland 2010
Page 267
AMENDMENTS TO BILL
City of Brisbane Bill 2010
City of Brisbane Bill 2010
Amendments agreed to during Consideration
1 Clause 30 (Local law making process)
Page 34, line 18--
omit, insert--
`(2) However, the process must be consistent with sections 30A
and 30B.
Note--
See section 40 for the powers of the Minister for a local law not made
under this section.'.
2 Clause 30 (Local law making process)
Page 34, line 19--
omit, insert--
`30A State interest check
`(1) This section applies if the council proposes to make a local
law (other than a model local law or a subordinate local law).
`(2) Before making the proposed local law, the council must--'.
3 Clause 30 (Local law making process)
Page 35, lines 15 and 16--
omit, insert--
`30B Notice of new local law
`(1) The council must let the public know that a local law has been
made by the council, by publishing a notice of making the
local law--'.
Page 1
City of Brisbane Bill 2010
4 Clause 30 (Local law making process)
Page 36, line 15, `inspected and purchased'--
omit, insert--
`viewed and purchased by the public'.
5 Clause 30 (Local law making process)
Page 36, lines 22 to 24--
omit.
6 After clause 60
Page 61, after line 9--
insert--
`Division 4 Other matters relating to corporate
entities'.
7 After clause 61
Page 62, after line 2--
insert--
`61A State taxes
`(1) State taxes are not payable for anything done to corporatise a
significant business activity of a local government (including
in relation to a legal instrument made, executed, lodged or
given, for example).
`(2) A corporate entity is not liable to pay an amount of State taxes
for a thing that is more than the amount of State taxes for the
thing that a local government would have been liable to pay.
`(3) State taxes includes taxes imposed under an Act of another
State, so far as the legislative power of Parliament permits.'.
8 Clause 62 (What this division is about)
Page 62, line 15, `ferry, ford, punt'--
Page 2
City of Brisbane Bill 2010
omit, insert--
`ford'.
9 After clause 87
Page 83, after line 22--
insert--
`87A Ferry services
`(1) The council has the exclusive right to provide a ferry service
across a watercourse if the land that forms both banks of the
watercourse is in Brisbane.
`(2) A watercourse is a river, creek or channel where water flows
naturally.
`(3) The council may--
(a) lease the right to provide a ferry service across a
watercourse that it has the exclusive right to provide a
ferry service across; and
(b) make local laws for managing and regulating the use of
ferries operated or leased by it.
`(4) A regulation may--
(a) declare another watercourse that the council has the
exclusive right to provide a ferry service across; and
(b) provide for any other matter connected with the
provision of ferry services (including declaring the
approaches to a ferry as being under the control of the
council, for example).'.
10 Clause 88 (Materials in infrastructure are council
property)
Page 83, line 26--
omit, insert--
`(a) a road constructed by or for the council;
Example of a road constructed for the council--
Page 3
City of Brisbane Bill 2010
a road constructed by a developer because of a condition
attached to a development approval under the Planning Act'.
11 Clause 88 (Materials in infrastructure are council
property)
Page 83, line 29, `by'--
omit, insert--
`by or for'.
12 Clause 91 (Land on which rates are levied)
Page 87, line 6, `Act;'--
omit, insert--
`Act or a regulation;'.
13 Clause 99 (Systems of financial management)
Page 92, line 5--
omit, insert--
`(v) a long-term financial forecast;
(va) a financial plan;'.
14 Clause 123 (What this division is about)
Page 114, line 3--
omit.
15 After clause 123
Page 114, after line 6--
insert--
`123A Identity card for council workers
`(1) The council must give each council worker an identity card.
Page 4
City of Brisbane Bill 2010
`(2) This section does not stop a single identity card being issued
to a person for this Act and for another purpose.
`(3) A person who stops being a council worker must return the
person's identity card to the council within 21 days after
stopping being a council worker, unless the person has a
reasonable excuse.
Maximum penalty for subsection (3)--10 penalty units.'.
16 Clause 215 (Substituted service)
Page 176, lines 22 to 28 and page 177, lines 1 and 2--
omit, insert--
`(2) Subsection (2A) applies if--
(a) the council must serve a document on a person who
owns or occupies a property; but
(b) the council does not know, or is uncertain about, the
person's current address.
`(2A) The council may serve the document by--
(a) publishing a notice that contains a summary of the
document in--
(i) a newspaper that is circulating generally
throughout the State; and
(ii) the gazette; and
(b) publishing a notice that contains a copy of the document
on the council's website.'.
17 After clause 241
After page 188, line 13--
insert--
`241A Land registry searches free of charge
`(1) This section applies to any of the following persons--
(a) the chief executive officer;
Page 5
City of Brisbane Bill 2010
(b) an employee of the council who is authorised by the
chief executive officer;
(c) a lawyer or other agent acting for the council;
(d) an employee of a lawyer or agent mentioned in
paragraph (c) who is authorised by the lawyer or agent.
`(2) The person may conduct searches of registers or documents
about land in the land registry in accordance with the practice
of the registry without payment of a fee.'.
18 Clause 246 (Regulation-making power)
Page 190, lines 2 to 4--
omit, insert--
`(ii) other persons who are given responsibilities to
perform under this Act;
(iii) persons who are related to a councillor or a person
mentioned in subparagraph (ii); or'.
19 Clause 248 (What this part is about)
Page 191, after line 12--
insert--
`(ba) the repealed Local Government Act 1993;'.
20 Clause 250 (Local laws)
Page 191, line 21, `Act or'--
omit, insert--
`Act, the repealed Local Government Act 1993 or'.
21 Clause 250 (Local laws)
Page 192, after line 4--
insert--
Page 6
City of Brisbane Bill 2010
`(3) Subsection (4) applies if, before the commencement, the
council started, but did not complete, the relevant process for
adopting a model local law or making another local law.
Note--
Under the repealed Local Government Act 1993 the council started the
process for adopting a model local law by passing a resolution to
propose to adopt the model local law and the council started a process
for making a local law (other than a model local law) by passing a
resolution to propose to make the local law.
`(4) The council may proceed further in adopting or making the
local law in accordance with the relevant process as if the
repealed Local Government Act 1993 had not been repealed.
`(5) The relevant process is the process under the repealed Local
Government Act 1993, chapter 12, part 2 that applied to
adopting a model local law or making another local law.
`(6) A local law adopted or made under subsection (4) is taken to
be a local law validly made under this Act.'.
22 Clause 251 (Decisions under repealed Acts)
Page 192, after line 12--
insert--
`(ba) the repealed Local Government Act 1993;'.
23 Clause 267 (Amendment of s 13 (Responsibilities of local
government employees))
Page 198, lines 17 to 19--
omit, insert--
`(ii) for information, that the local government has
access to, relating to the local government area.'.'.
24 Clause 272 (Amendment of s 29 (Local law making
process))
Page 199, lines 18 to 26 and page 200, lines 1 to 24--
omit, insert--
Page 7
City of Brisbane Bill 2010
`272 Replacement of s 29 (Local law making process)
`Section 29--
omit, insert--
`29 Local law making process
`(1) Each local government may decide its own process for
making a local law.
`(2) However, the process must be consistent with sections 29A
and 29B.
Note--
See section 121 for the powers of the Minister for a local law that is not
made under this section.
`29A State interest check
`(1) This section applies if a local government proposes to make a
local law (other than a model local law or a subordinate local
law).
`(2) Before making the proposed local law, the local government
must--
(a) consult with relevant government entities about the
overall State interest in the proposed local law; and
(b) give the Minister the following--
(i) a copy of the proposed local law;
(ii) a drafting certificate for the proposed local law;
(iii) information required by the Minister or under a
regulation.
`(3) The local government may proceed further in making the
proposed local law only if the local government satisfies the
Minister that--
(a) the overall State interest is satisfactorily dealt with by
the proposed local law; and
(b) the proposed local law is drafted substantially in
accordance with the drafting standards.
Page 8
City of Brisbane Bill 2010
`(4) If the Minister considers the overall State interest would be
satisfactorily dealt with by the proposed local law if the local
government satisfied particular conditions--
(a) the Minister may impose conditions on the local
government that the Minister considers appropriate; and
(b) the local government may proceed further in making the
proposed local law if it--
(i) satisfies any conditions about the content of the
proposed local law; and
(ii) agrees to satisfy any other conditions.
`29B Notice of new local law
`(1) A local government must let the public know that a local law
has been made by the local government, by publishing a
notice of making the local law--
(a) in a newspaper that is circulating generally in the local
government area; and
(b) in the gazette; and
(c) on the local government's website.
`(2) The notice must be published within 1 month after the day
when the local government made the resolution to make the
local law.
`(3) The notice must state--
(a) the name of the local government; and
(b) the date when the local government made the resolution
to make the local law; and
(c) the name of the local law; and
(d) the name of any existing local law that was amended or
repealed by the new local law; and
(e) if the local law is an adopted model local law--that fact;
and
(f) if the local law is an interim local law--that fact, and the
date on which the interim local law expires; and
Page 9
City of Brisbane Bill 2010
(g) if the local law is a subordinate local law--the name of
the local law that authorises the subordinate local law to
be made; and
(h) the purpose and general effect of the local law; and
(i) if the local law contains an anti-competitive
provision--that fact; and
(j) that a copy of the local law may be--
(i) inspected and purchased at the local government's
public office; and
(ii) inspected at the department's State office.
`(4) As soon as practicable after the notice is published in the
gazette, the local government must ensure a copy of the local
law may be inspected and purchased by the public at the local
government's public office.
`(5) A copy of a local law must cost no more than the cost to the
local government of making the copy available for purchase.
`(6) Within 7 days after the notice is published in the gazette, the
local government must give the Minister--
(a) a copy of the notice; and
(b) a copy of the local law.'.'.
25 Clause 280 (Insertion of new s 58A)
Page 204, lines 7 to 9--
omit, insert--
`280 Insertion of new ch 3, pt 2, div 4
`Chapter 3, part 2--
insert--
`Division 4 Other matters relating to corporate
entities'.
Page 10
City of Brisbane Bill 2010
26 Clause 280 (Insertion of new s 58A)
Page 205, line 4--
omit, insert--
`commercial basis, in competition with a person.
`58B State taxes
`(1) State taxes are not payable for anything done to corporatise a
significant business activity of a local government (including
in relation to a legal instrument made, executed, lodged or
given, for example).
`(2) A corporate entity is not liable to pay an amount of State taxes
for a thing that is more than the amount of State taxes for the
thing that a local government would have been liable to pay.
`(3) State taxes includes taxes imposed under an Act of another
State, so far as the legislative power of Parliament permits.'.'.
27 After clause 280
Page 205, after line 4--
insert--
`280A Amendment of s 59 (What this division is about)
Section 59(2)(d), `ferry, ford, punt'--
omit, insert--
`ford'.'.
28 Clause 281 (Insertion of new ch 3, pt 3, div 3)
Page 205, line 8, `Malls'--
omit, insert--
`Other matters'.
29 Clause 281 (Insertion of new ch 3, pt 3, div 3)
Page 205, line 28--
Page 11
City of Brisbane Bill 2010
omit, insert--
`a mall.'.
30 Clause 281 (Insertion of new ch 3, pt 3, div 3)
Page 205, after line 28--
insert--
`80B Ferry services
`(1) A local government has the exclusive right to provide a ferry
service across a watercourse if the land that forms both banks
of the watercourse is in its local government area.
`(2) A watercourse is a river, creek or channel where water flows
naturally.
`(3) A local government may--
(a) lease the right to provide a ferry service across a
watercourse that it has the exclusive right to provide a
ferry service across; and
(b) make local laws for managing and regulating the use of
ferries operated or leased by it.
`(4) A regulation may--
(a) declare another watercourse that a local government has
the exclusive right to provide a ferry service across; and
(b) provide for any other matter connected with the
provision of ferry services (including declaring the
approaches to a ferry as being under the control of a
local government, for example).'.'.
31 Before clause 282
Page 206, before line 1--
insert--
`281A Amendment of s 93 (Land on which rates are levied)
`Section 93(3)(g)--
omit, insert--
Page 12
City of Brisbane Bill 2010
`(g) land that is owned or held by a local government unless
the land is leased by the local government to someone
other than another local government;
(h) land that is--
(i) primarily used for show grounds or horse racing;
and
(ii) exempted from rating by resolution of a local
government;
(i) land that is exempted from rating, by resolution of a
local government, for charitable purposes;
(j) land that is exempted from rating under--
(i) another Act; or
(ii) a regulation, for religious, charitable, educational
or other public purposes.'.'.
32 After clause 284
Page 206, after line 24--
insert--
`284A Amendment of s 104 (Financial management, planning
and accountability documents)
`(1) Section 104(2)(b), `report'--
omit, insert--
`statement'.
`(2) Section 104(2)(c), before `financial'--
insert--
`long-term'.
`(3) Section 104(3)(e), `long-term'--
omit.
`(4) Section 104(3)(g)--
omit, insert--
Page 13
City of Brisbane Bill 2010
`(g) a report on the results of an annual review of the
implementation of the annual operational plan, 5 year
corporate plan and long-term community plan.'.
`(5) Section 104(5), `long-term financial plan'--
omit, insert--
`financial plan'.
`(6) Section 104(5)(a)(iii) and (iv)--
omit, insert--
`(iii) a revenue policy; and'.
`(7) Section 104(7), `long-term plans mentioned in this section'--
omit, insert--
`annual operational plan, 5 year corporate plan and long-term
community plan'.'.
33 Clause 293 (Amendment of s 138 (What this division is
about))
Page 209, lines 24 and 25 and page 210, line 1--
omit, insert--
`omit, insert--'.
34 After clause 293
Page 210, after line 5--
insert--
`293A Insertion of new s 138A
`After section 138--
insert--
`138A Identity card for local government workers
`(1) A local government must give each local government worker
an identity card.
Page 14
City of Brisbane Bill 2010
`(2) This section does not stop a single identity card being issued
to a person for this Act and for another purpose.
`(3) A person who stops being a local government worker must
return the person's identity card to the local government
within 21 days after stopping being a local government
worker, unless the person has a reasonable excuse.
Maximum penalty for subsection (3)--10 penalty units.'.'.
35 Clause 295 (Replacement of ch 5, pt 2, div 3 (Offences))
Page 217, lines 16 to 20--
omit, insert--
`Example--
Preventing the public from viewing a record under section 177(12)(a).'.
36 After clause 295
Page 217, after line 21--
insert--
`295A Amendment of s 152 (Qualifications of councillors)
`Section 152(1)(b)--
omit, insert--
`(b) resides in the local government's area; and
(c) is not disqualified from being a councillor because of a
section in this division.'.'.
37 Clause 298 (Insertion of new ss 170A and 170B)
Page 218, line 11, `ss 170A and 170B'--
omit, insert--
`s 170A'.
38 Clause 298 (Insertion of new ss 170A and 170B)
Page 218, line 14, `for help or advice'--
Page 15
City of Brisbane Bill 2010
omit, insert--
`by councillors for advice or information'.
39 Clause 298 (Insertion of new ss 170A and 170B)
Page 218, lines 15 and 17, `council employee'--
omit, insert--
`local government employee'.
40 Clause 298 (Insertion of new ss 170A and 170B)
Page 218, lines 27 to 30 and page 219, lines 1 to 11--
omit, insert--
`(5) A councillor may, subject to any limits prescribed under a
regulation, request the chief executive officer provide the
councillor with information, that the local government has
access to, relating to the local government area.
Example of a limit prescribed under a regulation--
A regulation may prescribe the maximum cost to a local government of
providing information to a councillor.
`(5A) Subsection (5) does not apply to information--
(a) that is a record of the regional conduct review panel; or
(b) if disclosure of the information to the councillor would
be contrary to an order of a court or tribunal; or
(c) that would be privileged from production in a legal
proceeding on the ground of legal professional privilege.
`(6) The advice guidelines are invalid to the extent the guidelines
provides for a councillor or local government employee to
decide, at the councillor or employee's discretion--
(a) when the guidelines apply; or
(b) the way in which a request complies with the
guidelines.'.
Page 16
City of Brisbane Bill 2010
41 Clause 298 (Insertion of new ss 170A and 170B)
Page 219, lines 17 to 30 and page 220, lines 1 to 3--
omit, insert--
`Maximum penalty for subsection (8)--10 penalty units.'.'.
42 Clause 299 (Amendment of s 171 (Use of information by
councillors))
Page 220, lines 14 to 17--
omit, insert--
`(4) Section 171(2) and penalty--
omit, insert--
`(2) Subsection (1) does not apply to information that is lawfully
available to the public.
`(3) A councillor must not release information that the councillor
knows, or should reasonably know, is information that is
confidential to the local government.
Note--
A contravention of subsection (3) is misconduct that is dealt with by the
tribunal.'.'.
43 Clause 302 (Amendment of s 176 (What this division is
about))
Page 221, line 29--
omit, insert--
`(1) Section 176(3)(c), after `section'--
insert--
`171(3) or'.
`(2) Section 176(9)(b), `Commission'--'.
Page 17
City of Brisbane Bill 2010
44 Clause 303 (Amendment of s 177 (Assessing
complaints))
Page 222, line 3--
omit, insert--
`(1) Section 177(5)(a)--'.
45 Clause 303 (Amendment of s 177 (Assessing
complaints))
Page 222, after line 7--
insert--
`(2) Section 177--
insert--
`(14) If the department's chief executive receives a complaint about
misconduct that is a breach of section 171(3), the
department's chief executive must refer the complaint to the
tribunal.'.'.
46 Clause 318 (Amendment of s 239 (Substituted service))
Page 229, lines 8 and 9--
omit, insert--
`(1) Section 239(4)--
omit.
`(2) Section 239(3)--
renumber as section 239(4).
`(3) Section 239(2)--
omit, insert--
`(2) Subsection (3) applies if--
(a) a local government must serve a document on a person
who owns or occupies a property; but
(b) the local government does not know, or is uncertain
about, the person's current address.
Page 18
City of Brisbane Bill 2010
`(3) The local government may serve the document by--
(a) publishing a notice that contains a summary of the
document in--
(i) a newspaper that is circulating generally
throughout the State; and
(ii) in the gazette; and
(b) publishing a notice that contains a copy of the document
on the local government's website.'.'.
47 After clause 322
Page 230, after line 17--
insert--
`322A Amendment of s 265 (Materials in infrastructure are local
government property)
`(1) Section 265(1)(a)--
omit, insert--
`(a) a road constructed by or for the local government;
Example of a road constructed for the local government--
a road constructed by a developer because of a condition
attached to a development approval under the Planning Act'.
`(2) Section 265(1)(b), `by'--
omit, insert--
`by or for'.
`322B Insertion of new s 265A
`After section 265--
insert--
`265A Land registry searches free of charge
`(1) This section applies to any of the following persons--
(a) a chief executive officer;
Page 19
City of Brisbane Bill 2010
(b) an employee of a local government who is authorised by
a chief executive officer;
(c) a lawyer or other agent acting for a local government;
(d) an employee of a lawyer or agent mentioned in
paragraph (c) who is authorised by the lawyer or agent.
`(2) The person may conduct searches of registers or documents
about land in the land registry in accordance with the practice
of the registry without payment of a fee.'.'.
48 Clause 323 (Amendment of s 270 (Regulation-making
power))
Page 230, lines 23 to 25--
omit, insert--
`(ii) other persons who are given responsibilities to
perform under this Act;
(iii) persons who are related to a councillor or a person
mentioned in subparagraph (ii); or'.'.
49 Clause 323 (Amendment of s 270 (Regulation-making
power))
Page 231, line 3--
omit, insert--
`budget; or
(i) meetings of a local government or its committees.'.'.
50 After clause 323
Page 231, after line 3--
insert--
`323A Amendment of s 276 (Local laws)
`Section 276--
insert--
Page 20
City of Brisbane Bill 2010
`(3) Subsection (4) applies if, before the commencement, a local
government started, but did not complete, the relevant process
for adopting a model local law or making another local law.
Note--
Under the 1993 Act a local government started the process for adopting
a model local law by passing a resolution to propose to adopt the model
local law and the local government started a process for making a local
law (other than a model local law) by passing a resolution to propose to
make the local law.
`(4) The local government may proceed further in adopting or
making the local law in accordance with the relevant process
as if the repealed LG Act had not been repealed.
`(5) The relevant process is the process under the 1993 Act,
chapter 12, part 2, that applied to adopting a model local law
or making another local law.
`(6) A local law adopted or made under subsection (4) is taken to
be a local law validly made under this Act.'.'.
51 After clause 324
Page 231, after line 7--
insert--
`324A Insertion of new s 282A
`After section 282--
insert--
`282A Continuation of implementation of reform
`(1) The former commission is a Local Government Electoral and
Boundaries Review Commission established under the 1993
Act, section 66.
`(2) Subsection (3) applies if, before the commencement--
(a) a local government applied, under the 1993 Act, section
80, to the former commission for determination of a
limited reviewable local government matter; and
(b) the former commission had not yet made a
determination about the matter.
Page 21
City of Brisbane Bill 2010
`(3) The change commission must--
(a) determine the application; and
(b) comply with any requirements relating to the
determination;
under the 1993 Act as if the 1993 Act had not been repealed.
`(4) If the determination under subsection (3)(a) is to implement
the matter, the Governor in Council must implement the
matter under this Act.
`(5) Subsections (6) and (7) apply if, before the commencement,
the former commission--
(a) determined, under the 1993 Act, that a reviewable local
government matter or limited reviewable local
government matter be implemented; and
(b) had not yet complied with a requirement, under the 1993
Act, relating to the determination.
`(6) The former commission must comply with the requirement as
if the 1993 Act had not been repealed.
`(7) The Governor in Council must implement the matter under
this Act.
`(8) To remove any doubt, it is declared that any change to a local
government under this section is not a local government
change for chapter 2, part 3.'.'.
52 Clause 327 (Renumbering of s 288 (Repeal))
Page 232, line 8, `289'--
omit, insert--
`291'.
53 Clause 328 (Insertion of new s 288)
Page 232, line 9, `s 288'--
omit, insert--
`ss 288-290'.
Page 22
City of Brisbane Bill 2010
54 Clause 328 (Insertion of new s 288)
Page 232, line 22--
omit, insert--
`under the 1993 Act.
`289 Appeals against disciplinary action
`(1) This section applies to a disciplinary appeal started by a local
government employee under the 1993 Act, section 1158, but
not decided before the commencement.
`(2) A disciplinary appeal was, under the 1993 Act, an appeal to
the appeal tribunal in relation to disciplinary action taken
against a local government employee.
`(3) Chapter 16, part 6 of the 1993 Act continues to apply to the
appeal as if the provisions had not been repealed.
`290 Superannuation for local government employees
transferred to new water entities
`(1) This section applies if employees of a local government are,
or have been, transferred to a new water entity under--
(a) a transfer notice under the South East Queensland Water
(Restructuring) Act 2007; or
(b) a transition document under the South-East Queensland
Water (Distribution and Retail Restructuring) Act 2009.
`(2) Chapter 7, part 2 applies to the new water entity and the
transferred employees.
`(3) For applying chapter 7, part 2 to the new water entity and the
transferred employees--
(a) the new water entity is taken to be a local government
entity, but only in relation to its employment of the
transferred employees; and
(b) a transferred employee is taken to be an eligible
member; and
Page 23
City of Brisbane Bill 2010
(c) despite section 219(2), a transferred employee continues
to be a permanent employee if the transferred employee
was a permanent employee immediately before the
transfer.
`(4) In this section--
new water entity means--
(a) an entity, other than the SEQ Water Grid Manager,
established under the South East Queensland Water
(Restructuring) Act 2007, section 6(1); or
(b) a distributer-retailer under the South-East Queensland
Water (Distribution and Retail Restructuring) Act 2009.
transferred employee means an employee mentioned in
subsection (1).'.'.
55 Clause 329 (Amendment of sch 1 (Acts amended))
Page 235, after line 9--
insert--
`(9) Schedule 1, amendments of Police Powers and
Responsibilities Act 2000, item 1, `not an indigenous local
government'--
omit, insert--
`not an indigenous regional council'.'.
56 Clause 329 (Amendment of sch 1 (Acts amended))
Page 235, line 10, `(9)--
omit, insert--
`(10)'.
57 Clause 329 (Amendment of sch 1 (Acts amended))
Page 235, line 20, `(10)--
omit, insert--
Page 24
City of Brisbane Bill 2010
`(11)'.
58 Clause 331 (Amendment of sch 4 (Dictionary))
Page 236, lines 7 and 8--
omit, insert--
`drafting certificate, interim development control provision
and ordinary business matter--'.
59 Clause 331 (Amendment of sch 4 (Dictionary))
Page 236, line 12, `170A(2)'--
omit, insert--
`170A(3)'.
60 Clause 331 (Amendment of sch 4 (Dictionary))
Page 238, line 15, `government.'--
omit, insert--
`government; or'.
61 Clause 331 (Amendment of sch 4 (Dictionary))
Page 239, after line 2--
insert--
`(4) Schedule 4, definition Local Government Act, paragraph
(d)--
omit, insert--
`(d) a planning scheme; and'.
`(5) Schedule 4, definition Planning Act, `Integrated Planning Act
1997'--
omit, insert--
`Sustainable Planning Act 2009'.
`(6) Schedule 4, definition planning scheme, `section 2.1.1'--
Page 25
City of Brisbane Bill 2010
omit, insert--
`section 79'.'.
62 Schedule 1 (Minor and consequential amendments)
Page 245, lines 17 and 18--
omit, insert--
`relevant provisions means the provisions of the Local
Government Act 2009 or City of Brisbane Act 2010 prescribed
under a regulation.'.'.
63 Schedule 1 (Minor and consequential amendments)
Page 245, after line 18--
insert--
`2A Section 115(3), `made and levied under either Act
mentioned in subsection (2)'--
omit, insert--
`or charges made and levied under the Local Government Act 2009
or City of Brisbane Act 2010'.
© State of Queensland 2010
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