Queensland Consolidated Acts

CITY OF BRISBANE ACT 2010 - SECT 50

50 Assessing public benefit

(1) This section applies to a new significant business activity that is identified in the annual report of the council.

(2) The council must conduct a public benefit assessment of the new significant business activity.

(3) A
"public benefit assessment" is an assessment of whether the benefit to the public (in terms of service quality and cost) of applying the competitive neutrality principle in relation to a significant business activity outweighs the costs of applying the competitive neutrality principle.

(4) The council must conduct the public benefit assessment before the end of the financial year in which the significant business activity is first identified in the annual report.

(5) The council must prepare a report on the public benefit assessment that contains its recommendations about the application of the competitive neutrality principle in relation to the significant business activity.

(6) At a meeting of the council, the council must—

(a) consider the report; and

(b) decide, by resolution, whether or not to apply the competitive neutrality principle in relation to the significant business activity.

(7) Any resolution that the competitive neutrality principle should not be applied must include a statement of the reasons why it should not be applied.

(8) The council must give the Minister a copy of—

(a) the report; and

(b) all resolutions made in relation to the report.

(9) If the council decides not to apply the competitive neutrality principle in relation to the significant business activity, the council must, within 3 years after making the decision, repeat the process in this section.

(10) Subsection (9) also applies to a decision that was made before the commencement of this section.