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Queensland
LOCAL GOVERNMENT
LEGISLATION
AMENDMENT BILL (No. 3)
1997
Queensland
LOCAL GOVERNMENT LEGISLATION
AMENDMENT BILL (No. 3) 1997
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
PART 2--AMENDMENT OF CITY OF BRISBANE ACT 1924
2 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Amendment of s 3 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of s 3A (Application of the Local Government Act) . . . . . . . . 6
5 Amendment of s 47 (What land is rateable?) . . . . . . . . . . . . . . . . . . . . . . . . 7
6 Insertion of new s 47A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
47A Effect of resolution under s 47(1)(d) . . . . . . . . . . . . . . . . . . . . . . . . . 7
7 Amendment of s 119 (Annual Report) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
PART 3--AMENDMENT OF LOCAL GOVERNMENT ACT 1993
8 Act amended in pt 3 and schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
9 Amendment of s 8 (Meaning of "open to inspection") . . . . . . . . . . . . . . . . 8
10 Amendment of s 9 (Act applies only so far as expressly provided) . . . . . . 8
11 Insertion of new ch 7D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
CHAPTER 7D--COMPLAINTS ABOUT COMPETITIVE
NEUTRALITY
PART 1--PRELIMINARY
458O Object of ch 7D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
458OA Application of ch 7D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
458OB Application to Brisbane City Council . . . . . . . . . . . . . . . . . . . . . . . . 10
458OC Definitions for ch 7D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2
Local Government Legislation Amendment
(No. 3)
PART 2--COMPLAINT PROCESS FOR LOCAL
GOVERNMENT BUSINESS ENTITIES
Division 1--Preliminary
458OD Application of pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
458OE Affected persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Division 2--Complaints about competitive neutrality
458OF Local government to establish
complaint process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
458OG Requirements for complaint process . . . . . . . . . . . . . . . . . . . . . . . . . 14
458OH Grounds for complaints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
458OI Effect of complaint on activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
458OJ Referee to act fairly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
458OK Matters to be considered by referee
on complaint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Division 3--Investigation of complaints
458OL Requirement of referee to investigate . . . . . . . . . . . . . . . . . . . . . . . . 17
458OM Investigation notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
458ON Effect of giving an investigation notice . . . . . . . . . . . . . . . . . . . . . . 19
458OO General procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
458OP Consideration of submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
458OQ Handling of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
458OR Confidential information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Division 4--Reports on complaints
458OS Giving of reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
458OT Contents of reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
458OU Reports open to inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
458OV Local government decisions on
recommendations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Division 5--General provisions about complaints process
458OW Disposal of documents held by referee . . . . . . . . . . . . . . . . . . . . . . 23
458OX Protection from liability of referee
or person assisting referee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
458OY Protection from liability of person
giving information to referee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
3
Local Government Legislation Amendment
(No. 3)
458OZ Secrecy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
458OZA Draft reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Division 6--Provisions for Queensland Competition Authority as referee
458OZB Local government may resolve
Queensland Competition Authority to be referee . . . . . . . . . . . . . . . 24
458OZC Application of complaints process . . . . . . . . . . . . . . . . . . . . . . . . . 25
458OZD Making a complaint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
458OZE Further information to support complaint . . . . . . . . . . . . . . . . . . . . 26
458OZF Application of part and Queensland
Competition Authority Act 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
458OZG Local government decisions on
recommendations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
PART 3--REFERENCES TO QUEENSLAND COMPETITION
AUTHORITY
Division 1--Application of part
458P Application of pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Division 2--Institution of reference
458PA Reference of outcome of complaint
to Queensland Competition Authority . . . . . . . . . . . . . . . . . . . . . . . . 28
458PB Making a reference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
458PC Request for referee's documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
458PD Further information to support reference . . . . . . . . . . . . . . . . . . . . . . 30
458PE Matters to be considered by
Queensland Competition Authority in considering reference . . . . . . 30
458PF Procedures for dealing with references . . . . . . . . . . . . . . . . . . . . . . . 31
Division 3--Reports of Queensland Competition Authority about
references
458PG Giving of reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
458PH Contents of reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
458PI Reports open to inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
458PJ Local government decisions about reports . . . . . . . . . . . . . . . . . . . . . 33
PART 4--ACCREDITATION
458Q Application of pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
458QA Purpose of accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
4
Local Government Legislation Amendment
(No. 3)
458QB Application for accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
458QC Investigation notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
458QD Matters to be considered by
authority for investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
458QE Procedures for investigations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
458QF Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
458QG Conditions on grant of accreditation . . . . . . . . . . . . . . . . . . . . . . . . . 38
458QH Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
458QI Publication of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
458QJ Period of effect of accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
458QK Surrender of accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
458QL Cancellation of accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
458QM Lists of accreditations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
PART 5--MISCELLANEOUS
458R Register of accreditations, complaints etc. . . . . . . . . . . . . . . . . . . . . 41
458RA Annual report to include summary
of complaints and decisions by local government . . . . . . . . . . . . . . 42
12 Amendment of s 697 (Local laws about dogs) . . . . . . . . . . . . . . . . . . . . . . . 42
PART 4--AMENDMENT OF LOCAL GOVERNMENT
(ABORIGINAL LANDS) ACT 1978
13 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
14 Amendment of s 109 (Expiry of part) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 44
MINOR AMENDMENTS OF LOCAL GOVERNMENT ACT 1993
1997
A BILL
FOR
An Act to amend legislation about local government
s1 6 s4
Local Government Legislation Amendment
(No. 3)
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
Clause 1. This Act may be cited as the Local Government Legislation 4
Amendment Act (No. 3) 1997. 5
ART 2--AMENDMENT OF CITY OF BRISBANE 6
P
ACT 1924 7
amended in pt 2 8
Act
Clause 2. This part amends the City of Brisbane Act 1924. 9
of s 3 (Interpretation) 10
Amendment
Clause 3. Section 3(3), `to 7C'-- 11
omit, insert-- 12
`to 7D'. 13
of s 3A (Application of the Local Government Act) 14
Amendment
Clause 4. Section 3A(2), after `· chapter 7C (Reform of certain water and 15
sewerage services)'-- 16
insert-- 17
`· chapter 7D (Complaints about competitive neutrality)'. 18
s5 7 s7
Local Government Legislation Amendment
(No. 3)
of s 47 (What land is rateable?) 1
Amendment
Clause 5. Section 47-- 2
insert-- 3
`(4) Land may be exempted from rating under subsection (1)(c) despite it 4
being land used for a purpose mentioned in subsection (1)(d) or land to 5
which a resolution under subsection (1)(d) applies.'. 6
of new s 47A 7
Insertion
Clause 6. After section 47-- 8
insert-- 9
of resolution under s 47(1)(d) 10
`Effect
`47A.(1) This section applies to a resolution under section 47(1)(d) made 11
by the council for any land after the commencement of this section. 12
`(2) Also, this section applies despite the terms of the resolution. 13
`(3) The resolution exempts the land from all general rates, differential 14
general rates, minimum general rate levies and separate rates and charges.'. 15
of s 119 (Annual Report) 16
Amendment
Clause 7. Section 119(3)-- 17
insert-- 18
`(eb)particulars required to be included under the Local Government 19
Act 1993, section 458RA;1 and'. 20
1 Section 458RA (Annual Report to include summary of complaints and decisions
by local government)
s8 8 s 11
Local Government Legislation Amendment
(No. 3)
PART 3--AMENDMENT OF LOCAL GOVERNMENT 1
ACT 1993 2
amended in pt 3 and schedule 3
Act
Clause 8. This part and the schedule amend the Local Government Act 1993. 4
of s 8 (Meaning of "open to inspection") 5
Amendment
Clause 9. Section 8(1), paragraph (aa), `or 7C'-- 6
omit, insert-- 7
`, 7C or 7D'. 8
of s 9 (Act applies only so far as expressly provided) 9
Amendment
Clause 10. Section 9(2), after `· chapter 7C (Reform of certain water and 10
sewerage services)'-- 11
insert-- 12
`· chapter 7D (Complaints about competitive neutrality)'. 13
of new ch 7D 14
Insertion
Clause 11. After section 458NQ-- 15
insert-- 16
s 11 9 s 11
Local Government Legislation Amendment
(No. 3)
HAPTER 7D--COMPLAINTS ABOUT 1
`C
COMPETITIVE NEUTRALITY 2
`PART 1--PRELIMINARY 3
of ch 7D 4
`Object
`458O. The object of this chapter is to provide for-- 5
(a) the establishment by local governments of appropriate processes 6
for dealing with complaints about the carrying on by local 7
government business entities of activities in a way that does not 8
comply with the competitive neutrality principles applying to the 9
activities; and 10
(b) decisions by local governments on recommendations by referees 11
under the complaint processes; and 12
(c) references to the Queensland Competition Authority about the 13
outcomes of certain complaints; and 14
(d) investigations and recommendations by the authority on 15
references to it; and 16
(e) decisions by local governments on recommendations by the 17
authority in relation to references; and 18
(f) accreditation by the authority of activities carried on by local 19
government business entities applying competitive neutrality 20
principles. 21
of ch 7D 22
`Application
`458OA. Subject to sections 458OD, 458P and 458Q and part 2, 23
division 6, this chapter applies in relation to an activity carried on by a local 24
government business entity if it-- 25
s 11 10 s 11
Local Government Legislation Amendment
(No. 3)
(a) is a corporatised corporation;2 or 1
(b) implements-- 2
(i) full cost pricing under chapter 7A, part 4; or 3
(ii) commercialisation under chapter 7A, part 5; or 4
(iii) the code of competitive conduct under chapter 7B.3 5
to Brisbane City Council 6
`Application
`458OB. This chapter applies to the Brisbane City Council. 7
for ch 7D 8
`Definitions
`458OC. In this chapter-- 9
"affected person" see section 458OE. 10
"applicant" means-- 11
(a) for parts 2 and 3--an affected person who makes a complaint 12
under a local government's complaint process; and 13
(b) for part 4--a local government business entity that makes 14
application for accreditation under the part for an activity carried 15
on by the entity. 16
"competitive advantage" means an advantage that, solely because of local 17
government ownership, is-- 18
(a) a financial advantage; or 19
(b) a regulatory advantage; or 20
(c) a procedural advantage; or 21
(d) another advantage. 22
2 "Corporatised corporation" is defined in section 458OC (Definitions for ch 7D).
3 Chapter 7A (National competition reform of significant business activities),
part 4 (Full cost pricing for significant business activities) or part 5
(Commercialisation of significant business activities), or chapter 7B (Conduct of
competitive business activities)
s 11 11 s 11
Local Government Legislation Amendment
(No. 3)
1
Example of financial advantage--
2
An advantage enjoyed by a local government business entity carrying on an
3
activity because of the entity being exempt from a local government charge that
4
applies to a person making a complaint.
5
Example of regulatory advantage--
6
An advantage enjoyed by a local government business entity carrying on an
7
activity because of the entity being exempt from an approval procedure that applies
8
to a person making a complaint.
9
Example of procedural advantage--
10
An advantage enjoyed by a local government business entity carrying on an
11
activity because of the entity not being obliged to supply the same level of
12
information in local government procedures as a person making a complaint.
"competitive neutrality principles" means-- 13
(a) for an activity of a local government business entity to which full 14
cost pricing under chapter 7A, part 4 applies--the principles and 15
requirements (other than reporting requirements) of full cost 16
pricing under the part; or 17
(b) for an activity of a commercial business unit under chapter 7A, 18
part 5--the following principles and requirements under part 5-- 19
(i) the principles and requirements of full cost pricing (other 20
than reporting requirements); 21
(ii) the requirements for treatment of community service 22
obligations; 23
(iii) the requirements for removal, or taking account, of 24
advantages and disadvantages accruing to a commercial 25
business unit because it is a part of the local government; or 26
(c) for an activity of a corporatised corporation--the following 27
principles and requirements of corporatisation under chapter 7A, 28
part 6-- 29
(i) the requirements for treatment of community service 30
obligations; 31
(ii) the requirements for the removal of advantages and 32
disadvantages accruing to the corporatised corporation as a 33
result of local government ownership; or 34
s 11 12 s 11
Local Government Legislation Amendment
(No. 3)
(d) for an activity of a local government business entity to which the 1
code of competitive conduct under chapter 7B applies or is 2
required to be applied--the requirements (other than reporting 3
requirements) of the code.4 4
"complaint" means a complaint under a complaint process. 5
"complaint process", for an activity of a local government business entity, 6
means the complaint process established by the local government for 7
dealing with complaints about the failure of the entity to carry on the 8
activity in compliance with competitive neutrality principles applying 9
to the activity. 10
"corporatised corporation" means a corporatised corporation under 11
chapter 7A, part 6.5 12
"investigation notice" means-- 13
(a) for part 2--a notice given under section 458OM; 14
(b) for part 3--a notice given under section 458OM as applied to the 15
part by section 458PF; 16
(c) for part 4--a notice given under section 458QC. 17
"local government business entity" means-- 18
(a) a local government to the extent it carries on an activity to which 19
this chapter applies, including a commercial business unit of a 20
local government; or 21
(b) a corporatised corporation. 22
"Queensland Competition Authority" means the Queensland 23
Competition Authority under the Queensland Competition Authority 24
4 Chapter 7A (National competition reform of significant business activities),
part 4 (Full cost pricing for significant business activities) or part 5
(Commercialisation of significant business activities) or part 6 (Local
government owned corporations) or chapter 7B (Conduct of competitive business
activities). The Local Government Finance Standard 1994 deals with the
application of competitive neutrality principles and contains the code of
competitive conduct for local governments to which the standard applies.
5 Part 7A (National competition reform of significant business activities), part 6
(Local government owned corporations)
s 11 13 s 11
Local Government Legislation Amendment
(No. 3)
Act 1997. 1
"referee" means a person appointed by a local government to investigate a 2
complaint. 3
"reference" means a reference to the Queensland Competition Authority 4
under part 3. 5
`PART 2--COMPLAINT PROCESS FOR LOCAL 6
GOVERNMENT BUSINESS ENTITIES 7
1--Preliminary 8
`Division
of pt 2 9
`Application
`458OD. This part does not apply to an activity carried on by a local 10
government business entity to the extent that, and for so long as, there is a 11
current accreditation for the activity by the Queensland Competition 12
Authority granted to the entity under part 4. 13
persons 14
`Affected
`458OE.(1) In this part, an "affected person" is a person who-- 15
(a) is, or may be, adversely affected by the competitive advantage 16
alleged by the person to be enjoyed by the local government 17
business entity in carrying on an activity; and 18
(b) in relation to the activity mentioned in paragraph (a)--satisfies a 19
competition requirement. 20
`(2) For subsection (1), a person satisfies a competition requirement in 21
relation to an activity carried on by the entity if the person-- 22
(a) competes with the local government business entity in relation to 23
the activity; or 24
(b) seeks to compete with the local government business entity in 25
s 11 14 s 11
Local Government Legislation Amendment
(No. 3)
relation to the activity but is being hindered from doing so by the 1
competitive advantage alleged by the person to be enjoyed by the 2
entity. 3
`Division 2--Complaints about competitive neutrality 4
government to establish complaint process 5
`Local
`458OF.(1) Each local government must establish a process for 6
resolving complaints by affected persons about failures of its local 7
government business entities to carry on activities in a way that complies 8
with the competitive neutrality principles applying to the activities. 9
`(2) The process must be adopted by resolution of the local government.6 10
for complaint process 11
`Requirements
`458OG.(1) The complaint process must include the following 12
elements-- 13
(a) the process for selecting and appointing referees to investigate 14
complaints; 15
(b) preliminary procedures before an affected person makes a 16
complaint-- 17
(i) for affected persons to raise concerns about alleged failures 18
of local government business entities to comply with the 19
competitive neutrality principles applying to the entities' 20
activities; and 21
(ii) for clarifying and, if possible, resolving the concerns; 22
(c) the way an affected person may make a complaint; 23
(d) sending of complaints to, and their investigation by, the referee; 24
6 Under division 6, a local government may resolve that the Queensland
Competition Authority be the referee for its complaint process for certain
activities. The division contains provisions about the application of this part,
and certain provisions of the Queensland Competition Authority Act 1997, to the
complaint process.
s 11 15 s 11
Local Government Legislation Amendment
(No. 3)
(e) recording of all complaints and the referee's decisions and 1
recommendations; 2
(f) advice to the applicant of the complaint procedure; 3
(g) giving the applicant an opportunity to give to the referee further 4
details about the applicant's complaint; 5
(h) times in which the referee must give reports to the local 6
government; 7
(i) any other matters the local government considers appropriate. 8
`(2) Also, the process mentioned in subsection (1)(a) must require that 9
the person appointed to be a referee to investigate a complaint must not be 10
involved with the carrying on of the activity the subject of the complaint. 11
`(3) The fee charged by a local government for making a complaint must 12
not be more than the maximum fee prescribed under a regulation for 13
making a complaint. 14
for complaints 15
`Grounds
`458OH. The grounds for a complaint must be the failure of a local 16
government business entity to carry on an activity in a way that complies 17
with the competitive neutrality principles applying to the activity. 18
of complaint on activities 19
`Effect
`458OI. A complaint about an activity of a local government business 20
entity does not prevent the entity from continuing to carry on the activity 21
pending a decision by the local government on the referee's report and 22
recommendation on the complaint. 23
to act fairly 24
`Referee
`458OJ. In investigating a complaint and making a report, the referee 25
must act fairly and impartially. 26
s 11 16 s 11
Local Government Legislation Amendment
(No. 3)
to be considered by referee on complaint 1
`Matters
`458OK.(1) In investigating a complaint, the referee must have regard to 2
the following matters-- 3
(a) the need to ensure compliance with the relevant competitive 4
neutrality principles; 5
(b) the need for efficient resource allocation; 6
(c) the need to promote competition; 7
(d) any local government policies affecting the application of 8
competitive neutrality principles, including-- 9
(i) any directions about the application of competitive neutrality 10
principles given to the local government business entity by 11
the local government; and 12
(ii) any arrangements between the local government and the 13
local government business entity about a competitive 14
advantage gained or competitive disadvantage suffered by 15
the entity because of the local government ownership of the 16
entity; and 17
(iii) social welfare and equity considerations including 18
community service obligations and the availability of goods 19
and services to consumers; and 20
(iv) policies on economic and regional development issues, 21
including employment and investment growth; 22
(e) any law or local government policies relating to ecologically 23
sustainable development; 24
(f) any law or local government policies relating to occupational 25
health and safety or industrial relations. 26
`(2) In investigating a complaint, the referee may also have regard to the 27
interests of consumers or any class of consumers. 28
`(3) However, in deciding whether a complaint has been substantiated, 29
the referee must not accept that any competitive advantage enjoyed by the 30
local government business entity solely because of local government 31
ownership of the entity is justified because of the existence of a competitive 32
s 11 17 s 11
Local Government Legislation Amendment
(No. 3)
disadvantage suffered by the entity because of the local government 1
ownership of the entity. 2
`(4) Subsections (1) and (2) do not limit the matters the referee may have 3
regard to in investigating a complaint. 4
3--Investigation of complaints 5
`Division
of referee to investigate 6
`Requirement
`458OL.(1) The referee must investigate a complaint unless-- 7
(a) the referee reasonably believes the applicant is not, or could not 8
be, in competition with the local government business entity 9
carrying on the activity; or 10
(b) the referee reasonably believes the applicant is not, or is unlikely 11
to be, adversely affected by the failure alleged in the complaint of 12
the local government business entity to carry on the activity in a 13
way that complies with the competitive neutrality principles 14
applying to the activity; or 15
(c) the referee reasonably believes the applicant has not shown the 16
applicant has made a genuine attempt to resolve the subject matter 17
of the complaint through the preliminary procedure of the 18
complaint process mentioned in section 458OG(1)(b);7 or 19
(d) the applicant has failed, without reasonable excuse, to give 20
relevant information asked for by the referee within the 21
reasonable time stated by the referee; or 22
(e) the local government business entity carrying on the activity has a 23
current accreditation for the activity granted by the Queensland 24
Competition Authority under part 4; or 25
(f) the referee reasonably believes the complaint is frivolous or 26
vexatious. 27
`(2) In forming a belief for subsection (1)(a), the referee must have 28
7 Section 458OG (Requirements for complaint process)
s 11 18 s 11
Local Government Legislation Amendment
(No. 3)
regard to the following-- 1
(a) laws governing competition applicable to the activities of the local 2
government business entity; 3
(b) whether the applicant is supplying, or could supply, goods or 4
services similar to the goods or services the subject of the activity 5
carried on by the local government business entity; 6
(c) any other matter the referee considers appropriate. 7
`(3) If the referee decides not to investigate a complaint, the referee must, 8
within 14 days after making the decision, give a written notice stating the 9
decision and the reasons for the decision to-- 10
(a) the applicant; and 11
(b) the local government. 12
notice 13
`Investigation
`458OM.(1) Before starting an investigation under this division, the 14
referee must give notice of the investigation. 15
`(2) The notice must be given to-- 16
(a) the relevant local government; and 17
(b) the applicant; and 18
(c) if the local government business entity carrying on the activity is a 19
corporatised corporation--the corporation; and 20
(d) another person the referee considers appropriate. 21
`(3) The notice must-- 22
(a) state the referee's intention to conduct the investigation; and 23
(b) state the subject matter of the complaint or be accompanied by a 24
copy of the complaint; and 25
(c) invite the person to whom the notice is given to make written, or, 26
if the referee approves, oral, submissions to the referee on the 27
subject matter within a reasonable time stated in the notice; and 28
(d) state the referee's address. 29
s 11 19 s 11
Local Government Legislation Amendment
(No. 3)
of giving an investigation notice 1
`Effect
`458ON. The referee must conduct the investigation and give a report 2
under division 4 on the results of the investigation. 3
procedures 4
`General
`458OO.(1) In an investigation, the referee-- 5
(a) must act with as little formality as possible; and 6
(b) is not bound by technicalities, legal forms or rules of evidence; 7
and 8
(c) may be informed on any matter relevant to the investigation in 9
any way the referee considers appropriate; and 10
(d) must comply with natural justice. 11
`(2) For subsection (1)(c), the referee may consult with persons as the 12
referee considers appropriate. 13
`(3) The referee may-- 14
(a) require information or submissions to be presented in writing; 15
and 16
(b) decide the matters on which information or submissions may be 17
presented orally. 18
of submissions 19
`Consideration
`458OP.(1) In an investigation, the referee must consider all 20
submissions that-- 21
(a) are made in response to an investigation notice; and 22
(b) are received by the referee in the time stated in the notice. 23
`(2) Despite subsection (1), unless the referee, in an investigation notice, 24
approved the making of oral submissions, the referee is required to consider 25
a submission only if it is in writing. 26
s 11 20 s 11
Local Government Legislation Amendment
(No. 3)
of documents 1
`Handling
`458OQ.(1) If a document is produced to the referee for an investigation, 2
the referee may-- 3
(a) inspect the document; and 4
(b) make copies of the document if it is relevant to the investigation. 5
`(2) Also, the referee may take possession of the document, and keep it 6
while it is necessary for the investigation. 7
`(3) While keeping a document, the referee must allow a person 8
otherwise entitled to possession of it to inspect or copy the document at a 9
reasonable time and place the referee decides. 10
information 11
`Confidential
`458OR.(1) This section applies if a person believes-- 12
(a) stated information made available, or to be made available, in an 13
investigation is confidential; and 14
(b) the disclosure of the information is likely to damage the person's 15
commercial activities. 16
`(2) The person may-- 17
(a) inform the referee of the person's belief; and 18
(b) ask the referee not to disclose the information to another person. 19
`(3) The referee must take all reasonable steps to ensure the information 20
is not, without the person's consent, disclosed to another person other than 21
a person assisting the referee in carrying out the referee's duties who 22
receives the information in the course of carrying out the duties. 23
`(4) As soon as practicable after giving a report under division 4 on the 24
investigation, the referee must return any document containing confidential 25
information to the person who produced it to the referee. 26
`(5) In this section-- 27
"commercial activities" means activities conducted on a commercial basis. 28
s 11 21 s 11
Local Government Legislation Amendment
(No. 3)
`Division 4--Reports on complaints 1
of reports 2
`Giving
`458OS.(1) The referee must give a report (including recommendations) 3
on the results of the referee's investigation of a complaint about an activity 4
of a local government business entity to-- 5
(a) the local government; and 6
(b) if the entity is a corporatised corporation--the corporation. 7
`(2) The referee also must give to other persons to whom an 8
investigation notice has been given the following-- 9
(a) written notice of the giving of the report; 10
(b) a copy of the recommendations in the report; 11
(c) written notice that the report (including recommendations) is open 12
to inspection at the local government's public office.8 13
of reports 14
`Contents
`458OT. The referee must, in a report-- 15
(a) state whether the referee considers the complaint has been 16
substantiated; and 17
(b) if the referee considers the complaint has been 18
substantiated--include recommendations on how the local 19
government business entity's failure to carry on an activity in a 20
way that complies with the competitive neutrality principles 21
applying to the activity could be overcome; and 22
(c) if the referee considers the local government business entity 23
suffers a competitive disadvantage because of the local 24
government ownership of the entity-- 25
(i) include comments about the competitive disadvantage 26
(including comments about the effect of the disadvantage on 27
8 Section 8 (Meaning of "open to inspection")
s 11 22 s 11
Local Government Legislation Amendment
(No. 3)
the local government business entity); and 1
(ii) include recommendations on how the disadvantage suffered 2
by the local government business entity could be overcome; 3
and 4
(d) state reasons for its recommendations. 5
open to inspection 6
`Reports
`458OU.(1) As soon as practicable after the local government receives 7
the report, the local government must ensure a copy of it is open to 8
inspection. 9
`(2) For section 8, the report is a document of the local government.9 10
government decisions on recommendations 11
`Local
`458OV.(1) The local government must decide, by resolution, whether 12
to implement the recommendations in the report. 13
`(2) The resolution must include reasons for the decision. 14
`(3) The local government must make the resolution-- 15
(a) within 1 month after the local government receives the report 16
from the referee on a complaint; or 17
(b) if the local government does not meet within the month--at the 18
first meeting of the local government after the month. 19
`(4) Within 7 days after making a decision, the local government must 20
give written notice of the resolution to-- 21
(a) the applicant; and 22
(b) if the local government business entity concerned is a 23
corporatised corporation--the corporation. 24
`(5) If the decision is to implement the recommendations and the local 25
government business entity concerned is a corporatised corporation, the 26
corporation must implement the recommendations as soon as practicable. 27
9 Section 8 (Meaning of "open to inspection")
s 11 23 s 11
Local Government Legislation Amendment
(No. 3)
5--General provisions about complaints process 1
`Division
of documents held by referee 2
`Disposal
`458OW.(1) As soon as practicable after giving a report on a complaint, 3
the referee must give to the chief executive officer of the local government 4
any document not returned to a person under section 458OR. 5
`(2) While the documents are kept by the chief executive officer, they are 6
to be treated as the local government's documents. 7
from liability of referee or person assisting referee 8
`Protection
`458OX.(1) The referee, or person assisting the referee, is not civilly 9
liable for an act done, or omission made, honestly and without negligence 10
under this part. 11
`(2) If subsection (1) prevents a civil liability attaching to the referee or 12
other person, the liability attaches instead to the relevant local government. 13
`(3) The protection from liability under this section applies only to a 14
referee, or a person assisting the referee, who is an employee of the relevant 15
local government. 16
from liability of person giving information to referee 17
`Protection
`458OY. A person is not liable in any way for any loss, damage or 18
injury suffered by another person because of the giving in good faith of 19
information to the referee for this part. 20
21
`Secrecy
`458OZ.(1) A person to whom this section applies must not-- 22
(a) make a record of protected information; or 23
(b) whether directly or indirectly, divulge or communicate to a person 24
protected information about another person or a local government 25
business entity. 26
Maximum penalty--1 000 penalty units or 1 year's imprisonment. 27
s 11 24 s 11
Local Government Legislation Amendment
(No. 3)
`(2) However, subsection (1) does not apply if-- 1
(a) the record is made, or the information is divulged or 2
communicated-- 3
(i) under this part; or 4
(ii) in the performance of duties, as a person to whom this 5
section applies, under this part; or 6
(iii) with the consent of the person or entity to whom the 7
protected information relates; or 8
(b) the protected information is otherwise publicly available. 9
`(3) In this section-- 10
"person to whom this section applies" means a person who is, or has 11
been, a referee or a person assisting a referee. 12
"protected information" means information that-- 13
(a) is about a person or local government business entity; and 14
(b) is disclosed to, or obtained by, a person to whom this section 15
applies in the course of, or because of, the person's duties under 16
this part. 17
reports 18
`Draft
`458OZA. In preparing a report under this Act, the referee may give a 19
draft of the report to the persons the referee considers appropriate. 20
`Division 6--Provisions for Queensland Competition Authority as 21
referee 22
government may resolve Queensland Competition Authority to 23
`Local
be referee 24
`458OZB.(1) A local government may resolve the Queensland 25
Competition Authority is the referee for its complaint process for-- 26
(a) a significant business activity, under chapter 7A, carried on by a 27
s 11 25 s 11
Local Government Legislation Amendment
(No. 3)
local government business entity; or 1
(b) a roads business activity under chapter 7B. 2
`(2) As soon as practicable after making the resolution, the local 3
government must give written notice of the resolution to the authority. 4
`(3) If the local government becomes aware a person proposes to make a 5
complaint about the activity, the local government must-- 6
(a) tell the person the complaint must be made to the authority; and 7
(b) give the person information to enable the person to make the 8
complaint. 9
of complaints process 10
`Application
`458OZC. Section 458OG(1)(a), (c), (d), (f), (g), (h), and (i), (2) and (3) 11
does not apply to the complaint process for the activity. 12
a complaint 13
`Making
`458OZD. A complaint must-- 14
(a) be made in writing to the Queensland Competition Authority; and 15
(b) contain details of the alleged noncompliance by the local 16
government business entity to carry on the activity in a way that 17
complies with the competitive neutrality principles applying to the 18
activity; and 19
(c) include sufficient details to show-- 20
(i) how the applicant is, or may be, adversely affected by the 21
alleged noncompliance; and 22
(ii) the applicant is, or could be, in competition with the local 23
government business entity carrying on the activity; and 24
(iii) the applicant has made a genuine attempt to resolve the 25
subject matter of the complaint through the preliminary 26
s 11 26 s 11
Local Government Legislation Amendment
(No. 3)
procedure of the complaint process mentioned in 1
section 458OG(1)(b).10 2
information to support complaint 3
`Further
`458OZE.(1) The Queensland Competition Authority may, by written 4
notice given to an applicant, require the applicant to give the authority 5
further information about the complaint within the reasonable time stated in 6
the notice. 7
`(2) A notice under subsection (1) must relate to information that is 8
necessary and reasonable to help the authority decide whether or not to 9
investigate the complaint. 10
of part and Queensland Competition Authority Act 1997 11
`Application
`458OZF.(1) Sections 458OO, 458OP, 458OQ, 458OR, 458OW, 12
458OX, 458OY, 458OZ and 458OZA do not apply to a complaint made in 13
relation to the activity.11 14
`(2) Also, the following provisions of the Queensland Competition 15
Authority Act 1997 (the "provisions") apply, with all necessary changes 16
and the changes prescribed in subsection (3), to a complaint made in 17
relation to the activity-- 18
· part 6 (Investigations by Authority) 19
· part 9 (Offences) 20
· section 236 (Responsibility for acts or omissions of 21
representatives) 22
· section 237 (Protection from liability of member or employee) 23
· section 238 (Protection from liability of person giving 24
information to authority) 25
· section 239 (Confidential information) 26
10 Section 458OG (Requirements for complaint process)
11 Under section 458OZC, certain provisions in section 458OG do not apply if the
Queensland Competition Authority is a referee.
s 11 27 s 11
Local Government Legislation Amendment
(No. 3)
· section 240 (Secrecy) 1
· section 241 (Draft reports) 2
· section 243 (Delegation). 3
`(3) Unless a contrary intention appears, the provisions apply as if a 4
reference in the provisions to-- 5
(a) a complaint were a reference to a complaint under this part; and 6
(b) the complainant were a reference to the affected person who made 7
the complaint under this part; and 8
(c) a government agency were a reference to the local government 9
business entity mentioned in the complaint; and 10
(d) an investigation were a reference to an investigation under this 11
part; and 12
(e) the responsible Minister, or the Ministers, were a reference to the 13
relevant local government. 14
government decisions on recommendations 15
`Local
`458OZG. Within 7 days after making a resolution under 16
section 458OV,12 the local government must give written notice to the 17
Queensland Competition Authority of the resolution. 18
12 Under section 458OV the local government is required to give written notice of
the resolution to the applicant and, if the local government business entity
concerned is a corporatised corporation, the corporation.
s 11 28 s 11
Local Government Legislation Amendment
(No. 3)
ART 3--REFERENCES TO QUEENSLAND 1
`P
COMPETITION AUTHORITY 2
1--Application of part 3
`Division
of pt 3 4
`Application
`458P.(1) This part applies to-- 5
(a) a significant business activity, under chapter 7A, carried on by a 6
local government business entity; and 7
(b) a roads business activity, under chapter 7B. 8
`(2) However, this part does not apply to-- 9
(a) a local government business entity applying the code of 10
competitive conduct to a business activity under chapter 7B; or 11
(b) an activity carried on by a local government business entity for 12
which there is a current accreditation by the Queensland 13
Competition Authority under part 4; or 14
(c) an activity carried on by a local government business entity if the 15
authority is the referee for a complaint for the activity. 16
2--Institution of reference 17
`Division
of outcome of complaint to Queensland Competition 18
`Reference
Authority 19
`458PA.(1) An applicant may, under this part, refer to the Queensland 20
Competition Authority-- 21
(a) a referee's decision not to investigate a complaint by the applicant; 22
or 23
(b) a local government's decision on a recommendation by a referee 24
in a report on a complaint by the applicant. 25
`(2) The reference must be on 1 or more of the following grounds-- 26
s 11 29 s 11
Local Government Legislation Amendment
(No. 3)
(a) the complaint process for an activity of the local government 1
business entity is not appropriate; 2
(b) the referee's decision not to investigate a complaint is not in 3
accordance with the relevant facts; 4
(c) the referee's recommendation-- 5
(i) is not in accordance with the relevant facts or the competitive 6
neutrality principles; or 7
(ii) is deficient because the local government business entity did 8
not give the referee relevant information about an activity 9
requested by the referee; 10
(d) the decision of the local government on the referee's 11
recommendation is not in accordance with the competitive 12
neutrality principles. 13
a reference 14
`Making
`458PB.(1) A reference must-- 15
(a) be in writing; and 16
(b) contain details of the complaint; and 17
(c) if the reference alleges the complaint process for an activity of the 18
local government business entity is inappropriate--the reasons 19
why the process is inappropriate. 20
`(2) Also, a reference must include sufficient details to show-- 21
(a) how the applicant is, or may be, adversely affected by-- 22
(i) the alleged failure to comply with the competitive neutrality 23
principles; or 24
(ii) the alleged inappropriateness of the process; and 25
(b) the applicant and local government business entity are, or could 26
be, in competition. 27
s 11 30 s 11
Local Government Legislation Amendment
(No. 3)
for referee's documents 1
`Request
`458PC.(1) This section applies if the Queensland Competition 2
Authority, by written notice given to the chief executive officer of a local 3
government, asks for the documents received by the chief executive officer 4
from the referee under section 458OW concerning the complaint referred to 5
the authority. 6
`(2) As soon as practicable after receiving the request, the chief executive 7
officer must give the documents held under the section to the authority. 8
information to support reference 9
`Further
`458PD.(1) The Queensland Competition Authority may, by written 10
notice given to an applicant, require the applicant to give the authority 11
further information about the reference within the reasonable time stated in 12
the notice. 13
`(2) A notice under subsection (1) must relate to information that is 14
necessary and reasonable to help the authority decide whether or not to deal 15
with the reference. 16
to be considered by Queensland Competition Authority in 17
`Matters
considering reference 18
`458PE.(1) In considering a reference on a ground mentioned in 19
section 458PA(2)(b), (c) or (d), the Queensland Competition Authority-- 20
(a) must have regard to the matters stated in section 458OK(1) and 21
(3);13 and 22
(b) may have regard to the interests of consumers or any class of 23
consumers. 24
`(2) Subsection (1) does not limit the matters the authority may have 25
regard to in considering a reference. 26
13 Section 458OK (Matters to be considered by referee on complaint)
s 11 31 s 11
Local Government Legislation Amendment
(No. 3)
for dealing with references 1
`Procedures
`458PF.(1) Sections 458OI, 458OJ, 458OL, 458OM and 458ON apply, 2
with all necessary changes, to the Queensland Competition Authority 3
considering a reference as if a reference in the sections to-- 4
(a) a complaint were a reference to a reference under this part; and 5
(b) the referee were a reference to the Queensland Competition 6
Authority. 7
`(2) Also, the following provisions of the Queensland Competition 8
Authority Act 1997 (the "provisions") apply, with all necessary changes 9
and the changes prescribed in subsection (3), to the consideration of a 10
reference by the authority-- 11
· part 6 (Investigations by authority) 12
· part 9 (Offences) 13
· section 236 (Responsibility for acts or omissions of 14
representatives) 15
· section 237 (Protection from liability of member or employee) 16
· section 238 (Protection from liability of person giving 17
information to authority) 18
· section 239 (Confidential information) 19
· section 240 (Secrecy) 20
· section 241 (Draft reports) 21
· section 243 (Delegation). 22
`(3) Unless a contrary intention appears, the provisions apply as if a 23
reference in the provisions to-- 24
(a) a complaint were a reference to the reference; and 25
(b) the complainant were a reference to the applicant who made the 26
reference; and 27
(c) a government agency were a reference to the local government 28
business entity mentioned in the reference; and 29
(d) an investigation were a reference to an investigation under this 30
s 11 32 s 11
Local Government Legislation Amendment
(No. 3)
part; and 1
(e) the responsible Minister, or the Ministers, were a reference to the 2
relevant local government. 3
3--Reports of Queensland Competition Authority about 4
`Division
references 5
of reports 6
`Giving
`458PG.(1) If the Queensland Competition Authority gives an 7
investigation notice to anyone, it must give a report on its consideration of a 8
reference about an activity of a local government business entity to-- 9
(a) the local government; and 10
(b) if the entity is a corporatised corporation--the corporation. 11
`(2) The authority also must give to other persons to whom the authority 12
has given an investigation notice the following-- 13
(a) written notice of the giving of the report; 14
(b) a copy of the recommendations in the report; 15
(c) written notice that the report (including recommendations) is open 16
to inspection at the local government's public office. 17
of reports 18
`Contents
`458PH. The Queensland Competition Authority must, in a report-- 19
(a) if the reference alleges the complaint process for an activity of the 20
local government business entity is not appropriate--comment on 21
the appropriateness of the process; and 22
(b) state whether it considers any relevant allegation has been 23
substantiated; and 24
(c) if the authority considers the reference has been 25
substantiated--include its recommendations on how the local 26
government business entity's failure to carry on an activity in a 27
way that complies with the competitive neutrality principles 28
s 11 33 s 11
Local Government Legislation Amendment
(No. 3)
applying to the activities could be overcome; and 1
(d) if the authority considers the local government business entity 2
suffers a competitive disadvantage because of the local 3
government ownership of the entity-- 4
(i) include comments about the competitive disadvantage 5
(including comments about the effect of the disadvantage on 6
the local government business entity); and 7
(ii) include recommendations on how the disadvantage suffered 8
by the local government business entity could be overcome; 9
and 10
(e) state its reasons for its recommendations. 11
open to inspection 12
`Reports
`458PI.(1) As soon as practicable after the local government receives the 13
report, the local government must ensure a copy of it is open to inspection. 14
`(2) For section 8,14 the report is a document of the local government. 15
government decisions about reports 16
`Local
`458PJ.(1) The local government must decide, by resolution, whether to 17
implement the recommendations in the report. 18
`(2) The resolution must include reasons for the decision. 19
`(3) The local government must make the resolution-- 20
(a) within 1 month after the local government receives the report 21
from the Queensland Competition Authority on a reference; and 22
(b) if the local government does not meet within the month--at the 23
first meeting of the local government after the month. 24
`(4) Within 7 days after making a decision, the local government must 25
give written notice of the resolution to-- 26
(a) the applicant; and 27
14 Section 8 (Meaning of "open to inspection")
s 11 34 s 11
Local Government Legislation Amendment
(No. 3)
(b) if the local government business entity concerned is a 1
corporatised corporation--the corporation; and 2
(c) the Queensland Competition Authority. 3
`(5) If the decision is to implement the recommendations and the local 4
government business entity concerned is a corporatised corporation, the 5
corporation must implement the recommendations as soon as practicable. 6
ART 4--ACCREDITATION 7
`P
of pt 4 8
`Application
`458Q. This part applies to-- 9
(a) a significant business activity, under chapter 7A, carried on by a 10
local government business entity; and 11
(b) a business activity, or roads business activity, under chapter 7B. 12
of accreditation 13
`Purpose
`458QA. The purpose of accreditation under this part is to remove doubt 14
for a local government business entity carrying on an activity about whether 15
it carries on the activity in accordance with the relevant principles of 16
competitive neutrality. 17
for accreditation 18
`Application
`458QB.(1) A local government business entity carrying on an activity 19
may apply to the Queensland Competition Authority for an accreditation of 20
the activity for the entity. 21
`(2) An application must be made in the form approved by the authority. 22
`(3) The authority may investigate an application to decide whether to 23
accredit the applicant. 24
s 11 35 s 11
Local Government Legislation Amendment
(No. 3)
notice 1
`Investigation
`458QC.(1) Before starting an investigation under this part, the 2
Queensland Competition Authority must give reasonable notice of the 3
investigation to-- 4
(a) the applicant; and 5
(b) if the applicant is a corporatised corporation--the local 6
government: and 7
(c) any other person the authority considers appropriate. 8
`(2) The notice must-- 9
(a) state the authority's intention to conduct the investigation; and 10
(b) invite the person to whom the notice is given to make written, or, 11
if the authority approves, oral, submissions to the authority within 12
a reasonable time stated in the notice; and 13
(c) state the authority's address. 14
to be considered by authority for investigation 15
`Matters
`458QD.(1) In conducting an investigation under this part, the 16
Queensland Competition Authority must have regard to the following 17
matters-- 18
(a) the need to ensure compliance with the relevant competitive 19
neutrality principles; 20
(b) the need for efficient resource allocation; 21
(c) the need to promote competition; 22
(d) any local government policies affecting the application of 23
competitive neutrality principles, including-- 24
(i) any directions about the application of competitive neutrality 25
principles given to the local government business entity by 26
the local government; and 27
(ii) any arrangements between the local government and the 28
local government business entity about a competitive 29
advantage gained or competitive disadvantage suffered by 30
s 11 36 s 11
Local Government Legislation Amendment
(No. 3)
the entity because of the local government ownership of the 1
entity; and 2
(iii) social welfare and equity considerations including 3
community service obligations and the availability of goods 4
and services to consumers; and 5
(iv) policies on economic and regional development issues, 6
including employment and investment growth; 7
(e) any law or local government policies relating to ecologically 8
sustainable development; 9
(f) any law or local government policies relating to occupational 10
health and safety or industrial relations. 11
`(2) In conducting an investigation, the authority may also have regard to 12
the interests of consumers or any class of consumers. 13
`(3) However, in deciding whether an activity carried on by the local 14
government business entity be accredited, the authority must not accept that 15
any competitive advantage enjoyed by the entity solely because of local 16
government ownership of the entity is justified because of the existence of a 17
competitive disadvantage suffered by the entity because of the local 18
government ownership of the entity. 19
`(4) Subsections (1) and (2) do not limit the matters the authority may 20
have regard to in conducting an investigation. 21
for investigations 22
`Procedures
`458QE.(1) The following provisions of the Queensland Competition 23
Authority Act 1997 (the "provisions") apply, with all necessary changes 24
and the changes prescribed in subsection (2), to an investigation under this 25
part-- 26
· part 6 (Investigations by authority) 27
· part 9 (Offences) 28
· section 236 (Responsibility for acts or omissions of 29
representatives) 30
· section 237 (Protection from liability of member or employee) 31
s 11 37 s 11
Local Government Legislation Amendment
(No. 3)
· section 238 (Protection from liability of person giving 1
information to authority) 2
· section 239 (Confidential information) 3
· section 240 (Secrecy) 4
· section 241 (Draft reports) 5
· section 243 (Delegation). 6
`(2) Unless a contrary intention appears, the provisions apply as if a 7
reference in the provisions to-- 8
(a) a government agency were a reference to the local government 9
business entity mentioned in the application; and 10
(b) an investigation were a reference to an investigation under this 11
part; and 12
(c) the responsible Minister or the Ministers were a reference to the 13
relevant local government. 14
on application 15
`Decision
`458QF.(1) The Queensland Competition Authority must consider an 16
application for accreditation received by it and either grant, or refuse to 17
grant, the accreditation. 18
`(2) In considering an application, the authority must have regard to the 19
relevant competitive neutrality principles applying to the activity and-- 20
(a) if the authority is satisfied the applicant carries on the activity in 21
accord with the principles--the authority must grant the 22
accreditation; or 23
(b) if the authority is not satisfied the applicant carries on the activity 24
in accord with the principles--the authority must refuse to grant 25
the accreditation. 26
`(3) Also, the authority may refuse to grant the accreditation if-- 27
(a) under an investigation notice the authority has sought further 28
information about the application; and 29
(b) the applicant has failed, without reasonable excuse, to give the 30
s 11 38 s 11
Local Government Legislation Amendment
(No. 3)
information to the authority within the time stated in the relevant 1
notice. 2
on grant of accreditation 3
`Conditions
`458QG.(1) If the Queensland Competition Authority decides to grant 4
an accreditation, the grant is subject to the following conditions-- 5
(a) a condition that the local government business entity must 6
continue to comply with the relevant competitive neutrality 7
principles; 8
(b) a condition that the local government business entity must inform 9
the authority of any change in the entity's structure or operations 10
that may affect the entity's continued compliance with the relevant 11
competitive neutrality principles. 12
`(2) The authority may impose any other conditions it considers are 13
necessary and reasonable for ensuring compliance with the accreditation. 14
`(3) Without limiting subsection (2), a condition may relate to 15
requirements of the local government business entity to give relevant 16
information to the authority that is necessary and reasonable to enable the 17
authority to decide whether it is appropriate to maintain the accreditation. 18
`(4) For a condition mentioned in subsection (3), the information may be 19
required to be given to the authority either-- 20
(a) from time to time, at reasonable intervals; or 21
(b) at stated reasonable times. 22
of decision 23
`Notice
`458QH.(1) If the Queensland Competition Authority decides to grant 24
an accreditation, the authority must give a written notice to-- 25
(a) the applicant; and 26
(b) if the applicant is a corporatised corporation--the local 27
government. 28
`(2) The notice must state-- 29
s 11 39 s 11
Local Government Legislation Amendment
(No. 3)
(a) the decision; and 1
(b) the period of accreditation (not longer than 2 years); and 2
(c) the conditions of the accreditation; and 3
(d) for a condition imposed by the authority--the reasons for the 4
condition. 5
`(3) If the authority decides not to grant the accreditation, the authority 6
must give the applicant a written notice stating the decision and the reasons 7
for the decision. 8
of decision 9
`Publication
`458QI. If the Queensland Competition Authority decides to grant an 10
accreditation, the authority must publish in the gazette a notice of the grant. 11
of effect of accreditation 12
`Period
`458QJ.(1) An accreditation remains in force until the end of the period 13
stated in the authority's accreditation notice, unless it is sooner surrendered 14
or cancelled. 15
`(2) In this section-- 16
"authority's accreditation notice" means a notice given to an applicant 17
for an accreditation by the Queensland Competition Authority advising 18
the applicant of the grant of the accreditation. 19
of accreditation 20
`Surrender
`458QK.(1) A local government business entity that has been granted an 21
accreditation may surrender the accreditation by written notice given to the 22
Queensland Competition Authority. 23
`(2) The surrender takes effect-- 24
(a) the day the notice is given to the authority; or 25
(b) if a later day of effect is stated in the notice--the later day. 26
s 11 40 s 11
Local Government Legislation Amendment
(No. 3)
of accreditation 1
`Cancellation
`458QL.(1) An accreditation may be cancelled on the ground the local 2
government business entity concerned has contravened a condition of the 3
accreditation. 4
`(2) If the Queensland Competition Authority believes the ground exists 5
to cancel an accreditation, the authority must give the local government 6
business entity a written notice that-- 7
(a) states the authority proposes to cancel the accreditation; and 8
(b) states the grounds for the proposed action; and 9
(c) outlines the facts and circumstances forming the basis for the 10
grounds; and 11
(d) invites the entity to show, in writing, within the show cause 12
period why the proposed action should not be taken. 13
`(3) If, after considering all written representations made within the show 14
cause period, the authority still believes the grounds exist to cancel the 15
accreditation, the authority may cancel the accreditation. 16
`(4) The authority must give a written notice stating its decision and the 17
reasons for the decision to-- 18
(a) the local government; and 19
(b) if the entity is a corporatised corporation--the corporation. 20
`(5) The decision takes effect-- 21
(a) the day the notice is given to the local government business entity; 22
or 23
(b) if a later day of effect is stated in the notice--the later day. 24
`(6) In this section-- 25
"show cause period", for a notice given to a local government business 26
entity under subsection (2), means the period ending not less than 27
14 days, and not more than 21 days, after the notice is given to the 28
entity. 29
s 11 41 s 11
Local Government Legislation Amendment
(No. 3)
of accreditations 1
`Lists
`458QM. The Queensland Competition Authority must keep a list of all 2
current accreditations granted under this part available for inspection by any 3
person. 4
ART 5--MISCELLANEOUS 5
`P
of accreditations, complaints etc. 6
`Register
`458R. A local government must keep open to inspection a register of 7
activities carried on by local government business entities to which 8
competitive neutrality principles apply containing the following 9
particulars-- 10
(a) activities under chapter 7A, parts 4, 5 or 6 to which the local 11
government has applied competitive neutrality principles and the 12
date from which the competitive neutrality principles apply; 13
(b) activities to which the code of competitive conduct currently 14
applies under chapter 7B and the date on which the code first 15
applied to each activity; 16
(c) activities currently accredited under part 4; 17
(d) activities for which the Queensland Competition Authority is the 18
referee for the complaint process for the entity carrying on the 19
activity; 20
(e) a list of-- 21
(i) current investigation notices for complaints and references 22
received; and 23
(ii) the local government's decisions on-- 24
(A) the referee's recommendations on the complaints; and 25
(B) the Queensland Competition Authority's 26
recommendations on references of complaints. 27
s 12 42 s 13
Local Government Legislation Amendment
(No. 3)
report to include summary of complaints and decisions by 1
`Annual
local government 2
`458RA. The local government must include in its annual report15 for 3
each financial year-- 4
(a) a summary of-- 5
(i) investigation notices for complaints and references received 6
by the local government in the year; and 7
(ii) the local government's decisions in the year on-- 8
(A) the referee's recommendations on the complaints; and 9
(B) the Queensland Competition Authority's 10
recommendations on the references; and 11
(b) a list of all activities of its local government business entities 12
currently accredited under part 4.'. 13
of s 697 (Local laws about dogs) 14
Amendment
Clause 12. Section 697(5)-- 15
omit. 16
PART 4--AMENDMENT OF LOCAL GOVERNMENT 17
(ABORIGINAL LANDS) ACT 1978 18
amended 19
Act
Clause 13. This part amends the Local Government (Aboriginal Lands) Act 20
1978. 21
15 Under section 447, a local government is required to prepare an annual report.
Also under the City of Brisbane Act 1924, section 119, the Brisbane City Council
is required to prepare an annual report.
s 14 43 s 14
Local Government Legislation Amendment
(No. 3)
of s 109 (Expiry of part) 1
Amendment
Clause 14. Section 109, from `2 years'-- 2
omit, insert-- 3
`on 30 June 1999'. 4
5
44
Local Government Legislation Amendment
(No. 3)
CHEDULE 1
¡S
MINOR AMENDMENTS OF LOCAL GOVERNMENT 2
ACT 1993 3
section 9 4
1. Section 450-- 5
insert-- 6
`(m)particulars required to be included under section 458RA.'. 7
2. Section 458CA(1)(b)-- 8
omit, insert-- 9
`(b) cost of funds advantage the local government obtains over 10
commercial rates of interest because of State guarantees used for 11
providing the goods or services.'. 12
3. Section 458CH(2)(a)(ii)-- 13
omit, insert-- 14
`(ii) cost of funds advantage the local government obtains over 15
commercial rates of interest because of State guarantees used 16
for providing the goods or services; and'. 17
4. Section 458FL, heading, `Subdivision'-- 18
omit, insert-- 19
`Division'. 20
45
Local Government Legislation Amendment
(No. 3)
SCHEDULE (continued)
5. Section 458FL(1) and (2), `subdivision'-- 1
omit, insert-- 2
`division'. 3
6. Section 459LE-- 4
renumber as section 458LE. 5
6
© State of Queensland 1997
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