Queensland Consolidated Acts

CITY OF BRISBANE ACT 2010 - SECT 51

51 Code of competitive conduct

(1) This section is about the code of competitive conduct.

(2) The
"code of competitive conduct" is the code of competitive conduct prescribed under a regulation under the Local Government Act .

(3) The council must apply the code of competitive conduct to the conduct of the following business activities of the council—

(a) a building certifying activity;

(b) a roads activity, other than a roads activity for which business is conducted only through a sole supplier arrangement.

(4) A
"building certifying activity" is a business activity that—

(a) involves performing building certifying functions (within the meaning of the Building Act , section 10 ); and

(b) is prescribed under a regulation.

(5) A
"roads activity" is a business activity (other than a business activity prescribed under a regulation) that involves—

(a) constructing or maintaining a State-controlled road, that the State put out to competitive tender; or

(b) submitting a competitive tender in relation to—

(i) constructing or maintaining a road in Brisbane, that the council put out to competitive tender; or

(ii) constructing or maintaining a road in another local government area, that the other local government put out to competitive tender.

(6) The council must start to apply the code of competitive conduct—

(a) for a building certifying activity—from the start of the financial year after the financial year in which the building certifying activity is first conducted; or

(b) for a roads activity—from when the roads activity is first conducted.

(7) The council must decide each financial year, by resolution, whether or not to apply the code of competitive conduct to a business activity prescribed under a regulation.

(8) If the council decides not to apply the code of competitive conduct to the business activity, the resolution must state reasons for not doing so.

(9) Subsection (7) does not prevent the council from applying the code of competitive conduct to any other business activities.