Queensland Consolidated Acts

CITY OF BRISBANE ACT 2010

- As at 2 August 2024
- Act 23 of 2010

TABLE OF PROVISIONS

           Long Title

CHAPTER 1 - PRELIMINARY

   1.      Short title
   2.      Commencement
   3.      Purpose of this Act
   4.      Local government principles underpin this Act
   5.      Relationship with Local Government Act
   6.      Definitions

CHAPTER 2 - BRISBANE CITY COUNCIL

   PART 1 - CITY OF BRISBANE

   7.      City of Brisbane

   PART 2 - COUNCIL CONSTITUTION, RESPONSIBILITIES AND POWERS

   8.      What this part is about
   9.      The Brisbane City Council’s responsibility for Brisbane
   10.     Brisbane City Council is a body corporate
   11.     Powers of council generally
   12.     Power includes power to conduct joint government activities
   13.     Who the council is constituted by
   14.     Responsibilities of councillors
   15.     Responsibilities of council employees

   PART 3 - WARDS OF BRISBANE

   16.     What this part is about
   17.     Wards of Brisbane
   18.     Review of wards of Brisbane

   PART 4 - CHANGING BRISBANE AREA OR REPRESENTATION

           Division 1 - Introduction

   19.     What this part is about

           Division 2 - The process for change

   20.     Who may start the change process
   21.     Assessment
   22.     Implementation
   23.     Decisions under this division are not subject to appeal

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

           Division 2 - Meetings of the council or its committees

   25.     Chairperson of the council
   26.     Mayor as member of standing committees of the council

   PART 2 - LOCAL LAWS

           Division 1 - Introduction

   27.     What this part is about
   28.     Interaction with State laws

           Division 2 - Making, recording and reviewing local laws

   29.     Power to make a local law
   30.     Local law making process
   31.     State interest check
   32.     Publication of local laws
   33.     Expiry of interim local law revives previous law
   34.     Local law register
   35.     Consolidated versions of local laws
   36.     (Repealed)

           Division 3 - Local laws that can not be made

   37.     What this division is about
   38.     Network connections
   39.     Election advertising
   40.     Development processes
   40A.    Regulation of sex work
   41.     Anti-competitive provisions
   41A.    Swimming pool safety

           Division 4 - Action by the Minister about particular local laws

   42.     Suspending or revoking particular local laws

           Division 5 - Miscellaneous

   42A.    Local law about seizing and disposing of personal property
   42B.    Owners’ liability for party houses

   PART 3 - BENEFICIAL ENTERPRISES AND BUSINESS ACTIVITIES

           Division 1 - Beneficial enterprises

   43.     What this division is about
   44.     Conducting beneficial enterprises
   45.     Identifying beneficial enterprises
   46.     (Repealed)

           Division 2 - Business reform, including competitive neutrality

   47.     What this division is about
   48.     Ways to apply the competitive neutrality principle
   49.     Identifying significant business activities
   50.     Assessing public benefit
   51.     Code of competitive conduct
   52.     Competitive neutrality complaints

           Division 3 - (Repealed)

           Division 4 - (Repealed)

   PART 4 - ROADS AND OTHER INFRASTRUCTURE

           Division 1 - Roads

   65.     What this division is about
   66.     Control of roads
   67.     Notice of intention to acquire land to widen a road
   68.     Compensation for a notice of intention to acquire land
   69.     Appeal on a claim for compensation
   70.     Acquisition of land instead of compensation
   71.     What is to happen if a realignment is not carried out
   72.     Compensation if realignment not carried out
   73.     Acquiring land for use as a footpath
   74.     Notice to the council of opening or closing of roads
   75.     Closing roads
   76.     Temporary roads
   77.     The Brisbane River
   78.     Road levels
   79.     Assessment of impacts on roads from certain activities
   80.     Categorisation of roads
   81.     Roads map and register
   82.     Unauthorised works on roads

           Division 2 - Stormwater drains

   83.     What this division is about
   84.     Connecting stormwater installation to stormwater drain
   85.     No connecting sewerage to stormwater drain
   86.     No trade waste or prohibited substances in stormwater drain
   87.     Interference with path of stormwater

           Division 3 - Other infrastructure

   88.     Malls
   89.     City Botanic Gardens
   90.     Resumption of prescribed land by council
   91.     Ferry services
   92.     Materials in infrastructure are council property

   PART 5 - CARETAKER PERIOD ARRANGEMENTS

   92A.    Caretaker period
   92B.    Prohibition on major policy decision in caretaker period
   92C.    Invalidity of major policy decision in caretaker period without approval
   92D.    Prohibition on election material in caretaker period

CHAPTER 4 - FINANCES AND ACCOUNTABILITY

   PART 1 - RATES AND CHARGES

   93.     What this part is about
   94.     Types of rates and charges
   95.     Land on which rates are levied
   96.     Power to levy rates and charges
   96A.    (Expired)
   96B.    (Expired)
   97.     Overdue rates and charges are a charge over rateable land
   98.     Regulations for rates and charges

   PART 2 - FEES

   99.     Cost-recovery fees
   100.    Register of cost-recovery fees
   101.    Fees on occupiers of land below the high-water mark

   PART 3 - FINANCIAL PLANNING AND ACCOUNTABILITY

   102.    Statutory Bodies Financial Arrangements Act applies to council
   103.    Systems of financial management
   104.    Approval of budget

   PART 4 - COUNCILLORS’ FINANCIAL ACCOUNTABILITY

   105.    What this part is about
   106.    Councillor’s discretionary funds
   107.    Councillors liable for improper disbursements
   108.    Councillors liable for loans to individuals
   109.    Councillors liable for improper borrowings

CHAPTER 5 - MONITORING AND ENFORCING THE LOCAL GOVERNMENT RELATED LAWS

   PART 1 - (Repealed)

   PART 2 - MONITORING AND ENFORCEMENT POWERS

           Division 1 - Powers of authorised persons

              Subdivision 1 - Introduction

   114.    What this division is about
   115.    Producing authorised person’s identity card

              Subdivision 2 - Power to require a person’s name and address

   116.    Power to require a person’s name and address

              Subdivision 3 - Powers to enter property etc.

   117.    Entering a public place that is open without the need for permission
   118.    Entering private property with, and in accordance with, the occupier’s permission
   119.    Entering private property with, and in accordance with, a warrant
   120.    Warrants—applications made electronically
   121.    Entering under an application, permit or notice
   122.    Entering property under an approved inspection program
   123.    Approving an inspection program
   123A.   Entry by authorised person, at reasonable times, to inspect regulated pools
   124.    General powers after entering a property
   125.    Authorised person to give notice of damage
   126.    Compensation for damage or loss caused after entry

           Division 2 - Powers of other persons

   127.    What this division is about
   127A.   Notices for this division
   128.    Identity card for use under this division
   129.    Entry with, and in accordance with, permission of occupier
   130.    Entry by an owner, with reasonable entry notice, under a remedial notice
   131.    Occupier may discharge owner’s obligations
   132.    Entry by a council worker, with reasonable entry notice, under a remedial notice
   133.    Entry by a council worker, with reasonable entry notice, to take materials
   134.    Entry by a council worker, at reasonable times, to repair etc. facilities
   135.    Entry by a council worker, at any time, for urgent action
   136.    Entry with, and in accordance with, a court order
   137.    Compensation for damage or loss caused
   138.    Limitation of time in absence of notice of work done

   PART 3 - INVESTIGATION OF COUNCIL RECORDS

           Division 1 - Introduction

   139.    What this part is about

           Division 2 - Investigations by department

   140.    Producing authorised officer’s identity card
   141.    Making of inquiries for department
   142.    Power to require information or document for department investigation

           Division 3 - Investigations by council

   143.    Producing authorised person’s identity card
   144.    Making of inquiries for council
   145.    Power to require information or document for council investigation
   146.    Referral to department
   147.    Chief executive officer not subject to direction

   PART 4 - OFFENCES

   148.    Obstructing enforcement of this Act or local laws etc.
   149.    Impersonating an authorised person
   150.    Duty to make documents available

CHAPTER 6 - ADMINISTRATION

   PART 1 - INTRODUCTION

   151.    What this chapter is about

   PART 2 - COUNCILLORS

           Division 1 - Qualifications of councillors

   152.    Qualifications of councillors
   153.    Disqualification for certain offences or if dismissed
   154.    Disqualification of prisoners
   155.    Disqualification because of other high office
   156.    Disqualification during bankruptcy
   157.    Judicial review of qualifications
   158.    Acting as councillor without authority
   158A.   Councillor must give notice of disqualification

           Division 2 - Councillor’s term of office

   159.    When a councillor’s term starts
   160.    When a councillor’s term ends
   160AA.  Extension of term of councillors elected at fresh elections
   160A.   Compulsory leave without pay

           Division 3 - Vacancies in councillor’s office

   161.    What this division is about
   162.    When a councillor’s office becomes vacant
   163.    When a vacancy in an office must be filled
   164.    Filling a vacancy in the office of mayor
   165.    Acting mayor
   166.    Filling a vacancy in the office of another councillor

           Division 4 - Councillors with other jobs

   167.    Councillors and council jobs
   168.    (Repealed)

           Division 5 - Obligations of councillors

   169.    Obligations of councillors before acting in office
   169A.   Councillor training
   170.    Giving directions to council staff
   171.    Requests for assistance or information
   171A.   Guidelines about provision of administrative support to councillors
   172.    Inspection of particular records by councillors
   173.    Use of information by councillors
   173A.   (Repealed)
   173B.   (Repealed)
   174.    Failure to give particular returns under Local Government Electoral Act 2011
   175.    Extension of time for giving summary return
   176.    (Repealed)
   177.    Post-election meetings

           Division 5A - Councillors’ conflicts of interest

              Subdivision 1 - Preliminary

   177A.   Purpose of division
   177B.   When does a person participate in a decision
   177C.   Personal interests in ordinary business matters of council

              Subdivision 2 - Prescribed conflicts of interest

   177D.   When councillor has prescribed conflict of interest—particular gifts or loans
   177E.   When councillor has prescribed conflict of interest—sponsored travel or accommodation benefits
   177F.   When councillor has prescribed conflict of interest—other
   177G.   Who is a close associate of a councillor
   177H.   Councillor must not participate in decisions
   177I.   Obligation of councillor with prescribed conflict of interest
   177J.   Dealing with prescribed conflict of interest at a meeting

              Subdivision 3 - Declarable conflicts of interest

   177K.   What is a declarable conflict of interest
   177L.   Interests that are not declarable conflicts of interest
   177M.   Who is a related party of a councillor
   177MA.  Councillor must not participate in decisions unless authorised
   177N.   Obligation of councillor with declarable conflict of interest
   177O.   Procedure if meeting informed of councillor’s personal interests
   177P.   Procedure if councillor has declarable conflict of interest
   177Q.   Decisions of eligible councillors

              Subdivision 4 - Other matters

   177R.   Procedure if no quorum for deciding matter because of prescribed conflicts of interest or declarable conflicts of interest
   177S.   Minister’s approval for councillor to participate or be present to decide matter
   177T.   Duty to report another councillor’s prescribed conflict of interest or declarable conflict of interest
   177U.   Obligation of councillor if conflict of interest reported under s 177T
   177V.   Offence to take retaliatory action
   177W.   Councillor with prescribed conflict of interest or declarable conflict of interest must not influence others
   177X.   Records about prescribed conflicts of interest or declarable conflicts of interest—meetings

           Division 6 - (Repealed)

           Division 7 - (Repealed)

           Division 8 - Automatic suspension of councillors

   186B.   Automatic suspension for certain offences
   186C.   When a person is charged with disqualifying offence and proceeding is started
   186D.   Obligation to give notice if charged with disqualifying offence
   186E.   Effect of councillor’s suspension
   186F.   When suspension of councillor ends

           Division 9 - Criminal history information

   186G.   Criminal history report
   186H.   Confidentiality of criminal history information

   PART 3 - (Repealed)

   PART 4 - COUNCIL EMPLOYEES, COUNCILLOR ADVISORS ETC.

           Division 1 - Chief executive officer

   190.    Appointing a chief executive officer
   191.    Appointing an acting chief executive officer

           Division 2 - Other council employees

   192.    Appointing senior executive employees
   193.    Appointing other council employees
   194.    Disciplinary action against council employees

           Division 2A - Councillor advisors

   194A.   Appointment and functions of councillor advisors
   194B.   When appointment ends
   194C.   Regulation may prescribe particular matters relating to councillor advisors

           Division 3 - Common provisions

   195.    Concurrent employment of council employees
   196.    Improper conduct by council employees
   197.    Use of information by council employees and councillor advisors
   198.    Annual report must detail particular information about council employees and councillor advisors

   PART 4A - OBLIGATIONS OF COUNCILLORS AND COUNCILLOR ADVISORS

   198A.   Obligation of councillor or councillor advisor to inform chief executive officer of particulars of interests at start of term or on appointment
   198B.   Obligation of councillor or councillor advisor to correct register of interests
   198C.   Obligation of councillor or councillor advisor to inform chief executive officer annually about register of interests
   198D.   Dishonest conduct of councillor or councillor advisor
   198E.   Proceeding for offence against s 198D
   198F.   Prohibited conduct by councillor or councillor advisor in possession of inside information

   PART 5 - AUTHORISED PERSONS

   199.    Appointing authorised persons
   200.    End of appointment of authorised persons
   201.    Identity card for authorised persons
   202.    Authorised persons must disclose change in criminal history
   203.    Chief executive officer may obtain report from police commissioner
   204.    Use of criminal history information

CHAPTER 7 - OTHER PROVISIONS

   PART 1 - WAY TO HOLD A HEARING

   205.    What this part is about
   206.    Procedures at hearing
   207.    Witnesses at hearings
   208.    Contempt at hearing

   PART 2 - SUPERANNUATION

   209.    What this part is about
   210.    Super scheme for councillors
   211.    Superannuation scheme for council employees and associated persons
   212.    Super schemes to be audited by auditor-general

   PART 3 - ALLOCATING COMMONWEALTH FUNDING TO COUNCIL

   213.    Allocating Commonwealth funding
   214.    Decisions under this part are not subject to appeal

   PART 4 - LEGAL PROVISIONS

   215.    False or misleading information
   216.    Administrators who act honestly and without negligence are protected from liability
   217.    Who is authorised to sign council documents
   218.    Name in proceedings by or against council
   219.    Service of documents on council
   220.    Substituted service
   221.    Local government related laws requiring a statement of a law
   222.    Acting for council in legal proceedings
   223.    Attempt to commit offence
   224.    (Repealed)
   225.    Time to start proceedings in a summary way
   226.    Decisions not subject to appeal
   227.    Judges and other office holders not disqualified from adjudicating
   228.    Where fines are to be paid to
   229.    Evidence of local laws
   230.    Evidence of proceedings of council
   231.    Evidentiary value of copies
   232.    Evidentiary value of certificates
   233.    Evidence of directions given to council
   234.    Evidence of complainant’s knowledge of matter
   235.    Constitution and limits of council need not be proved

   PART 5 - DELEGATION OF POWERS

   236.    Delegation of Minister’s powers
   237.    Delegation of department’s chief executive’s powers
   238.    Delegation of council powers
   239.    Delegation of chief executive officer’s powers
   240.    Council delegations register

   PART 5A - PROVISIONS FOR 2020 QUADRENNIAL ELECTION

   240A.   Minister may give directions about filling vacancies in office of councillors
   240B.   (Expired)

   PART 5B - (Expired)

   PART 6 - OTHER PROVISIONS

   241.    Public office of the council
   242.    Powers in support of responsibilities
   243.    Validity of council proceedings
   244.    Acceptable requests guidelines
   245.    Insurance to cover councillors
   246.    Special entertainment precincts
   247.    Land registry searches free of charge
   248.    Approved forms
   249.    (Repealed)
   250.    Process for administrative action complaints
   250A.   Advisory polls
   251.    Information for the Minister
   252.    Regulation-making power

CHAPTER 8 - REPEAL, TRANSITIONAL, SAVINGS AND VALIDATION PROVISIONS

   PART 1 - REPEALS

   253.    Repeal

   PART 2 - TRANSITIONAL AND SAVINGS PROVISIONS FOR ACT NO. 23 OF 2010

   254.    What this part is about
   255.    Brisbane City Council continued
   256.    Local laws
   257.    Decisions under repealed Acts
   258.    Established malls
   259.    Proceedings and evidence
   260.    Super trust deed
   261.    Registers
   262.    References to repealed Acts
   263.    (Repealed)
   264.    (Expired)
   265.    (Repealed)

   PART 4 - TRANSITIONAL PROVISION FOR REVENUE AND OTHER LEGISLATION AMENDMENT ACT 2011

   266.    Continued superannuation scheme for council employees

   PART 5 - TRANSITIONAL PROVISIONS FOR LOCAL GOVERNMENT AND OTHER LEGISLATION AMENDMENT ACT 2012

   267.    Change in dealing with complaints
   268.    Change in process for making local laws

   PART 6 - VALIDATION PROVISION FOR SUSTAINABLE PLANNING (INFRASTRUCTURE CHARGES) AND OTHER LEGISLATION AMENDMENT ACT 2014

   269.    Validation of rates charged

   PART 7 - TRANSITIONAL PROVISIONS FOR PLANNING (CONSEQUENTIAL) AND OTHER LEGISLATION AMENDMENT ACT 2016

   270.    Definitions for part
   271.    Existing development application—resumption of particular land
   272.    Entry under existing application, permit or notice
   273.    Existing remedial notice
   274.    Existing inside information
   275.    Existing unpaid fine—where fine to be paid to

   PART 8 - VALIDATION PROVISION FOR PARTICULAR RATES AND CHARGES

   276.    Validation of rates and charges

   PART 9 - TRANSITIONAL PROVISIONS FOR LOCAL GOVERNMENT ELECTORAL (IMPLEMENTING STAGE 1 OF BELCARRA) AND OTHER LEGISLATION AMENDMENT ACT 2018

   277.    Disqualifying offence committed before commencement
   278.    Existing charge for disqualifying offence
   279.    Existing conviction for new disqualifying offence

   PART 10 - TRANSITIONAL PROVISIONS FOR LOCAL GOVERNMENT ELECTORAL (IMPLEMENTING STAGE 2 OF BELCARRA) AND OTHER LEGISLATION AMENDMENT ACT 2019

           Division 1 - Transitional provisions for new disqualifying offences

   280.    Definitions for division
   281.    New disqualifying offence committed before commencement
   282.    Existing charge for new disqualifying offence
   283.    Existing conviction for new disqualifying offence

           Division 2 - Transitional provisions for councillor conduct

   286.    Definitions for division
   287.    Existing complaints not assessed
   288.    Existing inappropriate conduct and misconduct complaints
   289.    Existing orders taken into account
   290.    Dealing with particular pre-commencement complaints or conduct
   291.    Model procedures apply until procedures adopted
   292.    Process if no investigation policy
   293.    Offences against s 215 charged before commencement

   PART 11 - TRANSITIONAL PROVISIONS FOR ELECTORAL AND OTHER LEGISLATION (ACCOUNTABILITY, INTEGRITY AND OTHER MATTERS) AMENDMENT ACT 2020

   294.    Existing senior contract employees
   295.    Proceedings for repealed integrity offences
   296.    Continuation of Minister’s approval for councillor to participate or be present to decide matter
   297.    Remuneration commission’s recommendation not required for initial regulation
   298.    Application of s 198A for councillors

   PART 12 - TRANSITIONAL PROVISION FOR LOCAL GOVERNMENT ELECTORAL AND OTHER LEGISLATION (EXPENDITURE CAPS) AMENDMENT ACT 2023

   299.    Application of s 174—elections held on or after introduction day and before 2024 quadrennial election
           SCHEDULE 1
           SCHEDULE 2