Queensland Subordinate Legislation as Made

LOCAL GOVERNMENT (BENEFICIAL ENTERPRISES AND BUSINESS ACTIVITIES) REGULATION 2010 NO. 123

TABLE OF PROVISIONS

           Contents

           CHAPTER 1--INTRODUCTION

   1.      Short title
   2.      Commencement
   3.      Simplified outline of main provisions of regulation
   4.       Definitions

           CHAPTER 2--BENEFICIAL ENTERPRISES

   5.      Planning for a beneficial enterprise with the private sector
   6.      Approval for a local government to invest in a beneficial enterprise

           CHAPTER 3--BUSINESS REFORM
           Part 1--Introduction

   7.      What ch 3 is about
   8.      Reforming a significant business
           Part 2--Identifying significant businesses for reform
           Division 1--Identifying significant business for reform
   9.      Thresholds for significant businesses—Act, s 43(4)(b)
           10. Identifying significant business for reform—Act, s 45
           Division 2--Assessing significant business for reform
   11.     What div 2 is about
   12.     Deciding how to conduct an assessment
   13.     Consultation process for assessment
   14.     Public benefit assessment for type 1 and type 2 significant businesses
   15.     Reporting on an assessment
   16.     Complying with guidelines
   17.     Public notice of assessment report
   18.     Timetable for change
           Part 3--Full cost pricing
   19.     What pt 3 is about
   20.     Full cost pricing
   21.     Cost of community service obligations
   22.     Community service obligations
   23.     Taking account of government taxes
           Part 4--Commercialisation
           Division 1--Introduction
   24.     What pt 4 is about
           Division 2--Converting and creating commercial business units
   25.     Commercial business unit
   26.     What are the key principles of commercialisation
   27.     Converting a business unit to a commercial business unit
   28.     Creating a commercial business unit
           Division 3--Corporate plan, operational plan and annual report
   29.     What div 3 is about
   30.     Corporate plan
   31.     Operational plan
   32.     Annual report
           Part 5--Corporatising a significant business
           Division 1--Introduction
   33.     What pt 5 is about
           Division 2--Corporatisation process
           Subdivision 1--Constitution and corporatisation plan
   34.     What sdiv 1 is about
   35.     Committee to oversee corporatisation
   36.     Preparing constitution and corporatisation plan
   37.     Approving constitution and corporatisation plan
   38.     Amending constitution and corporatisation plan
   39.     Public access to constitution and corporatisation plan
   40.     Expiry of corporatisation plan
           Subdivision 2--Interim entity
   41.     What sdiv 2 is about
   42.     Establishment of interim entity
   43.     Resolution for interim entity
   44.     Interim board of directors for interim entity
   45.     Application of particular provisions about directors and executives to interim entities
   46.     Assistance to interim entities
   47.     Share capital and issue of shares
           Subdivision 3--Resolution for corporatisation
   48.     What sdiv 3 is about
   49.     Resolution to bring a corporate entity to life
           Part 6--Corporate entities
           Division 1--Key principles of corporatisation
   50.     Application of key principles of corporatisation
   51.     What are the key principles of corporatisation
           Division 2--Directors and employees of a corporate entity
           Subdivision 1--Introduction
   52.     What div 2 is about
           Subdivision 2--Board of directors
   53.     Establishing board
   54.     Appointing directors to the board
   55.     Appointing the chairperson and deputy chairperson
   56.     Appointing an acting director
   57.     Ending a director's appointment
           Subdivision 3--Meetings and other business of the board
   58.     Meetings of the board
   59.     Resolution without a meeting of the board
   60.     Delegation by board
           Subdivision 4--Chief executive officer
   61.     Chief executive officer
   62.     Appointing the chief executive officer
   63.     Appointing an acting chief executive officer
   64.     Ending the chief executive officer's appointment
           Subdivision 5--Other employees
   65.     What sdiv 5 is about
   66.     Appointing other employees
           Subdivision 6--Provisions applying to all employees
   67.     Corporate entity super schemes
   68.     LG super scheme
   69.     Preserving entitlements of local government employees
   70.     Work performance arrangements
   71.     Who are not employees
           Subdivision 7--Dual service
   72.     Dual service for directors of corporate entities
   73.     Restrictions on dual service
           Division 3--Share capital, shares and shareholder
   74.     What div 3 is about
   75.     Shares and shareholder of a corporate entity
   76.     Shareholder delegates
   77.     Shareholder delegates who act honestly and without negligence are protected from liability
   78.     Varying share capital of a corporate entity
   79.     Transferring shares in a corporate entity
   80.     Shareholder monitoring of corporate entities
           Division 4--Dividends of a corporate entity
   81.     What div 4 is about
   82.     First dividend
   83.     Full year dividend
   84.     Half year dividend
   85.     Amount of dividend
           Division 5--Shareholder directions to a corporate entity
   86.     What div 5 is about
   87.     Direction prohibiting disposal of assets
   88.     Directions in public interest
   89.     Corporate entity may direct subsidiary
   90.     Complying with directions
           Division 6--Documents of corporate entity
           Subdivision 1--Corporate documents
   91.     What sdiv 1 is about
   92.     What is a statement of corporate intent
   93.     What is a corporate plan
   94.     Preparing and approving a draft corporate document
   95.     Changing a corporate document
           Subdivision 2--Reports to shareholder
   96.     What sdiv 2 is about
   97.     What is a quarterly report
   98.     What is an annual report
   99.     Annual report for corporate entity providing water or sewerage services
   100.    Reporting to shareholder
   101.    Reporting suspected insolvency
           Subdivision 3--Public access to documents
   102.    What sdiv 3 is about
   103.    Public access to documents
           Subdivision 4--Legal provisions
   104.    Councillors or employees who act honestly and without negligence are protected from liability
   105.    Authentication of documents
   106.    Giving documents to a corporate entity
           Division 7--Finances of a corporate entity
   107.    Guarantee
   108.    Liability of local government
           Division 8--Changing a corporate entity
   109.    Changing responsibilities or name of corporate entity
   110.    Disposing of main business activities
           Division 9--Subsidiary corporate entity
   111.    Forming subsidiary corporate entities
           Division 10--Legal provisions
   112.    Geographical application of div 10
   113.    Legal proceedings by or against a corporate entity
   114.    Powers of a corporate entity
   115.    Assumptions when dealing with corporate entity
   116.    When particular resolutions take effect
   117.    How corporatisation affects existing legal relationships

           CHAPTER 4--CODE OF COMPETITIVE CONDUCT

   118.    What ch 4 is about
   119.    Elements of code of competitive conduct
   120.    Applying the competitive neutrality principle
   121.    Estimated activity statement
   122.    Activity statement
   123.    Cost of community service obligations
   124.    Particular roads activities not to include community service obligations
   125.    Building certifying activity—Act, s 47(4)(b)
           126. Prescribed business activities—Act, s 47(7)

           CHAPTER 5--WATER AND SEWERAGE SERVICES

   127.    What ch 5 is about
   128.    Full cost recovery for water and sewerage services

           CHAPTER 6--COMPETITIVE NEUTRALITY COMPLAINTS
           Part 1--Introduction

   129.    What ch 6 is about
           Part 2--Complaint process
           Division 1--Introduction
   130.    Application of pt 2
   131.    Minimum requirements for complaint process
           Division 2--Process before investigation
   132.    What div 2 is about
   133.    Making a complaint
   134.    Appointing a referee
   135.    Referee requiring further information
   136.    Referee refusing to investigate
   137.    Notice of intention to investigate
           Division 3--Process for investigation
   138.    What div 3 is about
   139.    Referee's conduct when investigating
   140.    Matters the referee must consider when investigating
   141.    Documents for investigation
   142.    Confidential information
           Division 4--Process after investigation
   143.    What div 4 is about
   144.    Referee's report on investigation
   145.    Required matters for referee's report
   146.    Public access to report
   147.    Information to persons given an investigation notice
   148.    Local government response to referee's report
   149.    Protection from liability of referee or person assisting referee
           Part 3--References to QCA
   150.    What pt 3 is about
   151.    Who may refer and grounds for reference
   152.    Making a reference
   153.    Request for referee's documents
   154.    Further information to support reference
   155.    Matters QCA must consider
   156.    Procedures for dealing with references
   157.    Report on reference
   158.    Required matters for QCA's report
   159.    Public access to report
   160.    Information to persons given an investigation notice
   161.    Local government decision about report
           Part 4--Accreditation
           Division 1--Introduction
   162.    What pt 4 is about
   163.    Purpose of accreditation
   164.    Business activities to which the code of competitive conduct applies
           Division 2--Process before investigation
   165.    Applying for accreditation
   166.    Notice before investigation starts
           Division 3--Process for investigation
   167.    Procedures for investigations
   168.    Matters QCA must consider
   169.    Decision on application
   170.    Conditions on grant of accreditation
           Division 4--Process after investigation
   171.    Notice of decision
   172.    Surrendering accreditation
   173.    Cancelling accreditation
   174.    List of accreditations
           Part 5--Miscellaneous provisions
   175.    Register
   176.    Annual report to include summary of complaints and decisions by local government

           CHAPTER 7--TRANSITIONAL PROVISION

   177.    New type 1 or 2 business activities
           SCHEDULE 1 -- PRICING PROVISIONS
   1.      Definitions for sch 1
   2.      Required revenue for deciding charges
   3.      Different charges for commercial reasons
   4.      Total costs of conducting relevant activity
   5.      Allocation of administrative and overhead costs
   6.      Cost of resources used in conducting activity
   7.      Depreciation
   8.      Equivalent amounts for taxes local government is not liable to pay
   9.      Guarantees by State
   10.     Return on capital
           SCHEDULE 2 -- DICTIONARY