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LOCAL GOVERNMENT ACT 2009 - SECT 47
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.
(3) A local government must apply the
code of competitive conduct to the conduct of the following business
activities of the local government— (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 the local government area, that the
local government 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 local government 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) A local government 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 local government
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 local government from applying the code of competitive conduct
to any other business activities.
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