Queensland Numbered Acts

LOCAL GOVERNMENT REFORM IMPLEMENTATION ACT 2007 No. 31 - SECT 12

After section 893--

insert--

'This division applies to a local law or subordinate local law for which a local government has resolved under division 5, or chapter 19, part 1, division 4 as in force immediately before the commencement of this section, to retain an anti-competitive provision.

'In this division--

expiry date means--

(a) for the first review date--31 December 2010; or

(b) for a subsequent review date--31 December in the year that is 2 years after the review date.

first review date means 1 January 2008.

public interest test means a review of an anti-competitive provision of a local law or subordinate local law under this division.

public interest test report means the report, including recommendations, on a public interest test.

review date means the first review date or a subsequent review date.

subsequent review date means 1 January 2018, and each 1 January that is the tenth anniversary of the preceding subsequent review date.

'(1) A local law or subordinate local law in force on a review date expires on the expiry date for the review date unless the local government complies with this division.

Note--

See also section 899B for other expiry of local laws and subordinate local laws.

'(2) However, subsection (1) does not apply if the local government repeals each anti-competitive provision in the local law or subordinate local law before the expiry date for the review date.

'A local government must carry out a review of the anti-competitive provisions in its local laws and subordinate local laws to which this division applies.

'(1) A local government must ensure a public interest test is carried out and a public interest test report is prepared for each of its anti-competitive provisions.

'(2) A public interest test report must, for each anti-competitive provision, recommend--

(a) that the provision should be retained as it is no longer an anti-competitive provision; or

(b) for a provision that the report states is an anti-competitive provision--that the whole or part of the provision--

(i) in the public interest, should be retained, whether in its current or another form; or

(ii) should not be retained.

'(3) For subsection (2), it is in the public interest for an anti-competitive provision to be retained, whether in its current or another form, if--

(a) the benefits of the provision to the community as a whole outweigh the costs; and

(b) the most appropriate way of achieving the objectives of the local law or subordinate local law is by restricting competition in the way provided in the provision.

'(1) The local government must decide--

(a) how the public interest test is to be conducted; and

(b) the matters with which the public interest test report must deal.

'(2) The decision must provide for a consultation process for the public interest test and state how the process is to be used in the test.

Example--

A local government may decide that the consultation process concerning anti-competitive provisions must include--

(a) giving notice of the test and inviting submissions about the test; and

(b) a period for submissions to be received; and

(c) direct consultation with interested parties; and

(d) consideration of the submissions received about the test.

'(3) The decision is subject to a regulation under section 893L.

'As soon as practicable after a public interest test report is completed, it must be presented to a meeting of the local government.

'(1) After a public interest test report has been presented to a meeting of a local government, the local government must resolve whether to implement the recommendations of the report.

'(2) A local government may make a contrary resolution about an anti-competitive provision only if the local government resolves that--

(a) the benefits of the provision in the local law or subordinate local law to the community as a whole outweigh the costs; and

(b) the most appropriate way of achieving the objectives of the local law or subordinate local law is by restricting competition in the way provided in the provision.

'(3) A resolution under subsection (2) must include a statement of the reasons for finding--

(a) the benefits of the provision to the community as a whole outweigh the costs; and

(b) the most appropriate way of achieving the objectives of the local law or subordinate local law is by restricting competition in the way provided in the provision.

'(4) As soon as practicable after making a resolution under this section, the local government must advise the Minister of its resolution.

'(5) In this section--

contrary resolution means a resolution by a local government to--

(a) retain an anti-competitive provision of a local law or subordinate local law despite a recommendation in a public interest test report that the provision should be repealed; or

(b) amend an anti-competitive provision of a local law or subordinate local law contrary to a recommendation in a public interest test report.

'From the day the public interest test report is presented to a meeting of a local government, the report must be open to inspection.

'(1) If a local government resolves to repeal or amend an anti-competitive provision of a local law under this division, it must, by resolution, make a local law repealing or amending the provision (a new local law).

'(2) If a local government resolves to repeal or amend an anti-competitive provision of a subordinate local law under this division, it must, by resolution, make a subordinate local law repealing or amending the provision (a new subordinate local law).

'(3) The local government must give notice of the making of the new local law or new subordinate local law.

'(4) The notice must state the following--

(a) the name of the local government making the new local law or new subordinate local law;

(b) the name of the new local law or new subordinate local law;

(c) the date of the local government's resolution making the new local law or new subordinate local law;

(d) the name of the local law or subordinate local law;

(e) that there is an anti-competitive provision in the local law or subordinate local law;

(f) that the provision has been repealed or amended;

(g) that a certified copy of the new local law or new subordinate local law is open to inspection at the local government's public office and at the department's State office.

'(5) The notice must be published in the gazette.

'(6) The local government's chief executive officer must certify the required number of copies of the new local law or new subordinate local law to be the new local law or new subordinate local law as made by the local government.

'(7) As soon as practicable after the making of the new local law or new subordinate local law, the local government must give the Minister--

(a) a copy of the notice; and

(b) the required number of certified copies of the new local law or new subordinate local law.

'(8) Part 2 does not apply to a new local law or new subordinate local law made under this section.

'For a local law or subordinate local law, a local government must make a resolution under section 893H and, if necessary, implement the resolution under section 893J, on or before the expiry date for the review date.

'A regulation may prescribe--

(a) the procedures to be followed and criteria to be used to review anti-competitive provisions of local laws or subordinate local laws; and

(b) requirements for public interest tests and public interest test reports; and

(c) the giving of information by local governments to the Minister.'.