CITY OF BRISBANE REGULATION 2012 NO. 235

Queensland Subordinate Legislation as Made

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CITY OF BRISBANE REGULATION 2012 NO. 235

TABLE OF PROVISIONS

Contents

CHAPTER 1--PRELIMINARY

1. Short title
2. Definitions

CHAPTER 2--BRISBANE CITY COUNCIL
Part 1--Brisbane's external boundaries and its wards

3. Boundaries of Brisbane—Act, s 7(4)
4. Wards of Brisbane—Act, s 17(2)
5. Availability of map of Brisbane
Part 2--Changing Brisbane's external boundaries
6. What pt 2 is about
7. Communities of interest
8. Joint arrangements
9. Planning
10. Resource base sufficiency

CHAPTER 3--THE BUSINESS OF COUNCIL
Part 1--Local laws

11. Local law register—Act, s 34
12. Anti-competitive provisions
13. Procedures for the review of anti-competitive provisions—Act, s 41
Part 2--Business reform, including competitive neutrality
Division 1--Introduction
14. What pt 2 is about
15. Reforming a significant business activity
Division 2--Identifying significant business activities for reform
16. Thresholds for significant business activities—Act, s 47(4)(b)
17. Identifying significant business activity for report—Act, s 49
Division 3--Full cost pricing
18. What div 3 is about
19. Full cost pricing
20. Cost of community service obligations
21. Community service obligations
22. Taking account of government taxes
Division 4--Commercialisation
23. What div 4 is about
24. Commercial business unit
25. What are the key principles of commercialisation
26. Converting a business unit to a commercial business unit
27. Creating a commercial business unit
Division 5--Provisions for code of competitive conduct
28. Building certifying activity—Act, s 51(4)(b)
29. Prescribed business activities—Act, s 51(7)
Division 6--Competitive neutrality complaints
Subdivision 1--Introduction
30. What div 6 is about
Subdivision 2--Complaint process
31. Application of sdiv 2
32. Minimum requirements for complaint process
33. Making a complaint
34. QCA must investigate and report on complaint
35. QCA requiring further information
36. QCA refusing to investigate
37. Notice of intention to investigate
38. Investigation by QCA
39. Matters QCA must consider when investigating
40. QCA's report on investigation
41. Public access to report
42. Information to persons given an investigation notice
43. Council response to QCA's report
Subdivision 3--Miscellaneous provision
44. Register
Part 3--Roads and other infrastructure
Division 1--Roads
45. Prescribed particulars for register of roads—Act, s 81
Division 2--Malls
46. Managing, promoting and using malls
47. Restricted traffic on malls
48. Offence to contravene mall traffic restriction
49. Permits for vehicles on malls
50. Removal or moving of vehicles on malls
51. Notice to operator if vehicle removed from mall
52. Requirements for return of vehicle
53. Sale of vehicle removed from mall
54. Who may appeal
55. How to start appeal
56. Stay of decision
57. Powers of Magistrates Court
58. Appeal to District Court
Division 3--Marine and aquatic matters
59. Harbours, jetties, breakwaters and ramps
60. Canals
61. The foreshore
62. Bathing reserves
Division 4--Other matters
63. Public thoroughfare easements
64. Boundary works

CHAPTER 4--RATES AND CHARGES
Part 1--Preliminary

65. What is the value of land
Part 2--Land exempt from rating
66. Land that is exempt from rating—Act, s 95
Part 3--Value of land used for rates
67. Rateable value of land
68. Working out the 2-year averaged value
69. Working out the 3-year averaged value
Part 4--Minimum general rates
70. Minimum general rates for land generally
71. Minimum general rates on timeshare property
72. Value of mining claim for fixing minimum general rates
Part 5--Differential general rates
Division 1--Introduction
73. Differential general rates
74. Categorisation of land for differential general rates
75. Later categorisation
Division 2--Entering land to categorise land
76. Appointing categorisation officer
77. Identity card for categorisation officer
78. Exercise of power of entry
79. End of appointment of categorisation officer
80. Entering private property with written notice
Division 3--Notice of categorisation of land
81. Notice to owner of categorisation
Division 4--Objecting to rates category
82. What div 4 is about
83. Land owner's objection to rates category
84. Decision on a land owner's objection
85. Land owner's appeal against decision
86. Decision on a land owner's appeal
Part 6--Special rates and charges
87. Levying special rates or charges
88. Carrying special rates or charges forward to a later financial year
89. Surplus special rates or charges after plan is carried out
90. Surplus special rates or charges after plan is cancelled
91. Returning special rates or charges incorrectly levied
Part 7--Utility charges
92. Utility charges
93. Utility charges before facilities are constructed
94. Reading meters for utility charges
Part 8--Separate rates and charges
95. Levying separate rates or charges
Part 9--Levying and adjusting rates and charges
Division 1--Rate notices
96. Rate notice for rates or charges
97. Other amounts under rate notice
98. Entities to whom rate notice must be given
99. Issue of and period covered by rate notice
100. Electronic issue of rate notice
Division 2--Adjusting rates or charges
101. What div 2 is about
102. Land stops being rateable land
103. Change in value
104. Change in rating category
105. Special rates become or stop being payable
106. Loss of entitlement to occupy land from State
107. Rates or charges paid before adjustment
Division 3--Other matters about levying rates or charges
108. Limitation of increase in rates or charges levied
109. Rates or charges may be levied or adjusted after end of financial year
110. When rates or charges must be paid
Part 10--Concessions
111. Concession for rates or charges
112. Criteria for granting concession
113. Types of concession
114. Resolutions for granting concession
115. Special provision for rebate for land occupied by pensioners
116. Refund of rebated rates or charges already paid
117. Special provision for agreement to defer rates or charges
118. Special provision for agreement to accept land transfer
Part 11--Paying rates and charges
119. Who must pay rates and charges
120. Paying part of rates and charges
121. Paying rates or charges by instalments
122. Discount for prompt payment of rates or charges
123. Other benefits for prompt payment
Part 12--Overdue rates and charges
Division 1--General provisions
124. What are overdue rates or charges and when do they become overdue
125. Interest on overdue rates or charges
Division 2--Court proceedings for overdue rates or charges
126. Court proceedings for overdue rates or charges
127. Selling or acquiring land ends liability for overdue rates or charges
Division 3--Selling or acquiring land for overdue rates or charges
Subdivision 1--Preliminary
128. What div 3 is about
129. Reference to market value
Subdivision 2--Selling land for overdue rates or charges
130. Selling land that is subject to a State encumbrance
131. Selling land that is subject to other restrictions
132. Notice of intention to sell land for overdue rates or charges
133. When procedures for selling land must be started
134. Procedures for selling land
135. Conduct of auction
136. Procedures after sale of land to council
137. Procedures after sale of land other than to council
138. Application of proceeds of sale
139. Council's failure to comply with this subdivision
Subdivision 3--Acquiring land for overdue rates or charges
140. Application of sdiv 3
141. Requirements for notice of intention to acquire land
142. Time to start procedures to acquire
143. Acquisition procedures
Division 4--State pays overdue rates or charges
144. Satisfaction on termination of tenure
Part 13--The council's land record
Division 1--Land record
145. What pt 13 is about
146. Land record to be kept
147. Public may inspect land record
148. Amending land record
149. Evidence of land record
Division 2--Review of decisions by QCAT to amend land record
150. Who may apply for review
151. Powers of QCAT on review
Division 3--Change in ownership of land
152. Definitions for div 3
153. Notice of change of owner of land for sale or other ownership changes for land
154. Council to record change of owner
155. Previous owner can continue to be liable to pay rates or charges

CHAPTER 5--FINANCIAL PLANNING AND ACCOUNTABILITY
Part 1--General matters about financial management systems

156. Requirement to keep record of particular matters
Part 2--Financial planning documents
Division 1--Corporate plan
157. Preparation of corporate plan
158. Corporate plan contents
Division 2--Long-term asset management plan
159. Preparation of long-term asset management plan
Division 3--Annual budget
160. Preparation and content of budget
161. Scrutiny of budget
162. Adoption and amendment of budget
163. Long-term financial forecast
164. Revenue statement
165. Unauthorised spending for genuine emergency or hardship
Division 4--Annual operational plan
166. Preparation and adoption of annual operational plan
167. Annual operational plan contents
Part 3--Financial accountability documents
Division 1--Financial statements and report
168. Preparation of financial statements
169. General purpose financial statement
170. Financial sustainability statements
171. Community financial report
Division 2--Asset register
172. Non-current physical assets to be recorded
Division 3--Annual report
173. What div 3 is about
174. Preparation of annual report
175. Financial statements
176. Community financial report
177. Particular resolutions
178. Councillors
179. Administrative action complaints
180. Overseas travel
181. Expenditure on grants to community organisations
182. Other contents
Part 4--Financial policies
183. Investment policy
184. Debt policy
185. Revenue policy
Part 5--Community grants
186. Grants to community organisations
187. Community grants policy
Part 6--Spending
188. Entertainment and hospitality
189. Advertising spending
190. Procurement policy
Part 7--Public access to particular documents
191. Public access to relevant financial and planning documents
Part 8--Council's funds and accounts
Division 1--Trust fund
192. Trust fund
193. Transferring money to or from a trust fund
Division 2--Discretionary funds
194. Requirements about discretionary funds—Act, s 106
Part 9--Accounting records
195. Accounting records for funds generally
196. Financial report
197. Statement of estimated financial position
Part 10--Asset accounting
198. Valuation of non-current physical assets
Part 11--Auditing
Division 1--Internal audit function
Subdivision 1--Internal auditing and reporting
199. Internal audit
Subdivision 2--Audit committee
200. Establishment and composition of audit committee
201. Audit committee meetings
Division 2--External auditing
202. Auditing of financial statements by auditor-general
203. Presentation of auditor-general's observation report
Part 12--Other matters
204. Insurance
205. Notice of payment of notional GST

CHAPTER 6--CONTRACTING
Part 1--Introduction

206. What ch 6 is about
Part 2--Strategic contracting procedures
207. What pt 2 is about
208. Power to choose strategic approach
209. Effect of choice
210. Contracting plans
211. Significant contracting plans
212. Contract manual
Part 3--Default contracting procedures
Division 1--Introduction
213. What pt 3 is about
Division 2--Entering into particular contracts
214. What div 2 is about
215. Medium-sized contractual arrangement—quotes needed first
216. Large-sized contractual arrangement—tenders needed first
217. Valuable non-current asset contract—tenders or auction needed first
218. Tender process
Division 3--Exceptions for medium-sized and large-sized contractual arrangements
219. What div 3 is about
220. Exception if quote or tender consideration plan prepared
221. Exception for contractor on approved contractor list
222. Exception for register of pre-qualified suppliers
223. Exception for a preferred supplier arrangement
224. Exception for LGA arrangement
225. Other exceptions
Division 4--Exceptions for valuable non-current asset contracts
226. Exceptions for valuable non-current asset contracts
Part 4--Publishing details of particular contracts
227. Publishing details of contracts worth $200000 or more
Part 5--Other matters
228. Entering into a contract under a delegation

CHAPTER 7--MONITORING AND ENFORCING LOCAL GOVERNMENT RELATED LAWS

229. Period prescribed for carrying out particular approved inspection programs—Act, s 123

CHAPTER 8--ADMINISTRATION
Part 1--Councillors
Division 1--Councillor remuneration

230. What div 1 is about
231. Differential remuneration
232. Remuneration for director's functions
233. Excluded matters
234. Criteria for remuneration decisions
235. Publication of remuneration decisions
Division 2--Reimbursement of expenses and provision of facilities
236. What div 2 is about
237. Requirement to adopt expenses reimbursement policy or amendment
238. Notification of adoption of expenses reimbursement policy
239. Meetings about expenses reimbursement policy
Division 3--Other matters
240. Prescribed integrity offence—Act, s 153
241. Declaration of office—Act, s 169
242. Administrative and support services for councillors
Part 2--Council meetings
243. What pt 2 is about
244. Agenda of post-election meetings
245. Frequency and place of meetings
246. Notice of meetings for councillors
247. Public notice of meetings
248. Quorum at meetings
249. Meetings in public unless otherwise resolved
250. Procedure at meetings
251. Adjournment of meetings
252. Repeal or amendment of resolutions
253. Minutes
254. Recording of reasons for particular decisions
255. Closed meetings
Part 3--Council employees
Division 1--Disciplinary action against council employees
256. What div 1 is about
257. When disciplinary action may be taken
258. Types of disciplinary action
259. Deductions from salary or wages
260. Suspension of employees
261. Employee to be given notice of grounds for disciplinary action
Division 2--Portability of long service leave
262. What div 2 is about
263. Continuation of particular council employees' accrued rights to long service leave
264. Recognition of previous periods of employment for particular council employees
265. Payment by former employer to new employer towards long service leave entitlements accrued with former employer
Part 4--Authorised persons
266. Who may be appointed as authorised persons—Act, s 199
Part 5--Register of interests
267. What pt 5 is about
268. Who maintains registers of interests
269. Contents of registers of interests
270. Obligation to notify if interest in register no longer correct
271. Who may inspect a register of interests
272. Access to particular registers of interests
273. Publication of register of interests of councillors
274. Queries on contents of register of interests
275. Improper disclosure of registers of interests

CHAPTER 9--OTHER PROVISIONS
Part 1--Way to hold a hearing

276. Procedural rules for hearings—Act, s 206
277. Witness fees—Act, s 207
Part 2--Delegation of powers
278. Particulars to be contained in register of delegations—Act, s 240
Part 3--Process for resolving administrative action complaints
279. Process for resolving administrative action complaints—Act, s 250

CHAPTER 10--REPEAL AND TRANSITIONAL PROVISIONS
Part 1--Repeal provision

280. Repeal
Part 2--Transitional provisions
281. Definitions for pt 2
282. Competitive neutrality complaints started before commencement
283. References to QCA
SCHEDULE 1 -- CITY OF BRISBANE—ELECTORAL WARD BOUNDARIES
SCHEDULE 2 -- PRICING PROVISIONS
1. Definition for sch 2
2. Required revenue for deciding charges
3. Different charges for commercial reasons
4. Total costs of conducting relevant activity
5. Allocation of administrative and overhead costs
6. Cost of resources used in conducting activity
7. Depreciation
8. Equivalent amounts for taxes council is not liable to pay
9. Guarantees by State
10. Return on capital
SCHEDULE 3 -- FINANCIAL AND NON-FINANCIAL PARTICULARS FOR REGISTERS OF INTERESTS
1. Definitions for sch 3
2. Shareholding or controlling interest in corporation
3. Officer of corporation
4. Beneficial interest in trust or nominee corporation
5. Self managed superannuation fund
6. Trustee for trust
7. Partnership and joint venture
8. Land
9. Liability
10. Debentures and similar investments
11. Savings and investment accounts
12. Gifts totalling more than $500
13. Sponsored hospitality benefit
14. Membership of political party, body or association, or trade or professional organisation
15. Other assets with value of more than $5000
16. Other sources of income of more than $500 a year
17. Other financial or non-financial interests
SCHEDULE 4 -- DICTIONARY

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