Queensland Consolidated Regulations

LOCAL GOVERNMENT REGULATION 2012 - REG 52

52 Competition authority’s report on investigation

(1) The competition authority must prepare a report on the results of the competition authority’s investigation of a competitive neutrality complaint, and give it to—

(a) the relevant local government; and

(b) if a corporatised business entity is conducting the business activity—the corporatised business entity.

(2) The report must state whether or not the competition authority considers the complaint has been substantiated.

(3) If the competition authority decides the business entity has a competitive advantage, the report must include—

(a) recommendations on how the business entity can conduct the business activity in a way that complies with the competitive neutrality principle; and

(b) the reasons for the recommendations; and

(c) for a complaint about a building certifying activity—comments on how carrying out the statutory building functions has resulted in a competitive advantage.

(4) The
"statutory building functions" are the building functions under the Building Act or Planning Act that—

(a) only a local government can provide; and

(b) a building certifier under the Building Act relies on.

Examples—

• providing site or town planning information to a building certifier

• receiving and processing documents from a building certifier

(5) If the competition authority decides the business entity suffers a competitive disadvantage, the report must include—

(a) recommendations on how the business entity can overcome the competitive disadvantage; and

(b) the reasons for the recommendations; and

(c) comments about the competitive disadvantage, including comments about the effect of the disadvantage on the business entity.