Queensland Consolidated Acts

LOCAL GOVERNMENT ACT 2009 - SECT 48

48 Competitive neutrality complaints

(1) A local government must adopt a process for resolving competitive neutrality complaints.

(2) A
"competitive neutrality complaint" is a complaint that—

(a) relates to the failure of a local government to conduct a business activity in accordance with the competitive neutrality principle; and

(b) is made by an affected person.

(3) An
"affected person" is—

(a) a person who—

(i) competes with the local government in relation to the business activity; and

(ii) claims to be adversely affected by a competitive advantage that the person alleges is enjoyed by the local government; or

(b) a person who—

(i) wants to compete with the local government in relation to the business activity; and

(ii) claims to be hindered from doing so by a competitive advantage that the person alleges is enjoyed by the local government.

(4) A regulation may provide for the process for resolving competitive neutrality complaints.

(5) A local government does not have to resolve a competitive neutrality complaint relating to a business activity prescribed under a regulation.