laa Ye ++ AUDAX : AT: FIDELIS + Queensland City of Brisbane Bill 2010 Queensland City of Brisbane Bill 2010 Contents Page Chapter 1 Preliminary 1 Shorttitle .. 0... eee ee 18 2 Commencement... . 0.00.5... cece eee eee eee 18 3 Purpose of this Act..........0.. 0.0 cece eee ee eee ee 18 4 Local government principles underpin this Act............... 19 5 Relationship with Local Government Act...............2.-. 20 6 Definitions... 0.0... 0... eee eee 20 Chapter 2 Brisbane City Council Part 1 City of Brisbane 7 City of Brisbane ... 0.0.0.0... eee 20 Part 2 Council constitution, responsibilities and powers 8 What this part is about............. 0.0.2 c eee eee eee 21 9 The Brisbane City Council's responsibility for Brisbane........ 21 10 Brisbane City Council is a body corporate.................. 21 11 Powers of council generally .............. 000. c ee eee eee 22 12 Power includes power to conduct joint government activities. . . . 22 13 Who the council is constituted by...................-.000- 23 14 Responsibilities of councillors ...............00...00 ee eee 23 15 Responsibilities of council employees ................0000. 25 Part 3 Wards of Brisbane 16 What this part is about............. 0.00. cece ee eee eee 27 17 Wards of Brisbane ............0 00... cee eee 27 18 Review of wards of Brisbane ................02...00 000 ee 27 Part 4 Changing Brisbane area or representation Division 1 Introduction 19 What this part is about............. 0.00. cece ee eee eee 28 City of Brisbane Bill 2010 Contents Division 2 The process for change 20 Who may start the change process ................2-.000- 21 Assessment ........ 0000 c ccc cette tne 22 Implementation............. 0.000.002 2c eee eee eee 23 Decisions under this division are not subject to appeal........ Chapter 3 The business of the council Part 1 Statutory committees and council meetings Division 1 Statutory committees of the council 24 Establishment and Coordination Committee ................ Division 2 Meetings of the council or its committees 25 Chairperson of the council. .............00..... eee eee eee 26 Mayor as member of standing committees of the council ...... Part 2 Local laws Division 1 Introduction 27 What this partis about.....................0.0....0000. 28 Interaction with State laws ..........000. 0.0.0 e eee ee eee Division 2 Making, recording and reviewing local laws 29 Power to make a local law ......... 00... eee eee eee eee 30 Local law making process ........... 0.0. e cece eee eee 31 Expiry of interim local law revives previous law.............. 32 Local law register... 2.0... e cee eee 33 Consolidated versions of local laws ...................005. 34 Regular review of local laws............... 0000. e cece eee Division 3 Local laws that can not be made 35 What this division is about ................ 00. e eee eee eee 36 Network connections ........... 0.6 eee ee eee eee 37 Election advertising .... 2.0.0.0... ccc eee eee eee ee eee 38 Development processes. ......... 0... eee cee eee eee 39 Anti-competitive provisions............. 0000 c eee eee eee Division 4 Action by the Minister about particular local laws 40 Suspending or revoking particular local laws................ Part 3 Beneficial enterprises and business activities Division 1 Beneficial enterprises 41 What this division is about ................ 00. e eee eee eee 42 Conducting beneficial enterprises .....................05. 43 Register of beneficial enterprises....................0000, Page 2 City of Brisbane Bill 2010 Contents 44 Planning for a beneficial enterprise with the private sector ..... 44 Division 2 Business reform, including competitive neutrality 45 What this division is about ................ 00. e eee eee eee 45 46 Ways to apply the competitive neutrality principle ............ 46 47 Identifying significant business activities ................... 47 48 Assessing public benefit...............00....0 00 eee eee 47 49 Code of competitive conduct ..................0 02... 48 50 Competitive neutrality complaints......................00. 50 Division 3 Responsibilities and liabilities of employees of corporate entities 51 Director's duty to disclose interest ina matter ............... 51 52 Obligations of a corporate entity's employees ............... 52 53 Corporate entity must not insure against certain liabilities of employeeS ket eee 53 54 When a corporate entity is not to indemnify employees........ 53 55 Prohibition on loans to directors. ..........0.. 00s eee eee 54 56 Duty to prevent insolvent trading ................0-.0 ee eee 55 57 Order for examination of persons concerned with corporate entities eet 56 58 Examination of persons concerned with corporate entities .... . 57 59 Relief from liability for malpractice ...................0000. 59 60 False or misleading information ...............00...00 eee 60 61 Application of other Acts to a corporate entity ............... 61 Part 4 Roads and other infrastructure Division 1 Roads 62 What this division is about ................ 00. e eee eee eee 62 63 Control of roads ..... 6... ee eee 62 64 Notice of intention to acquire land to widen aroad ........... 63 65 Compensation for a notice of intention to acquire land ........ 64 66 Appeal on a claim for compensation ...................05. 66 67 Acquisition of land instead of compensation ................ 66 68 What is to happen if a realignment is not carried out.......... 67 69 Compensation if realignment not carried out................ 67 70 Acquiring land for use as a footpath..............2.....00. 68 71 Notice to the council of opening or closing of roads........... 69 72 Closing roads... 6... eee 70 73 Temporary roads ........ 6... cette 70 City of Brisbane Bill 2010 Contents 74 The Brisbane River. ..... 0.6.0.0... cee cece eee eee 72 75 Road levels... 2.6... cee eet eee 72 76 Assessment of impacts on roads from certain activities........ 73 77 Categorisation of roads ........... 0... eee eee ee 74 78 Roads map and register............ 0.0.2 e eee eee eee eee 74 79 Unauthorised works on roads. ........... 0-0 eee eee eee 75 Division 2 Stormwater drains 80 What this division is about ................ 00. e eee eee eee 76 81 Connecting stormwater installation to stormwater drain........ 76 82 No connecting sewerage to stormwater drain ............... 77 83 No trade waste or prohibited substances in stormwater drain. . . 79 84 Interference with path of stormwater ..................000. 81 Division 3 Other infrastructure 85 Malls... 0... eee eee ee 81 86 City Botanic Gardens .............. 0.00 e cece eee ee 82 87 Resumption of prescribed land by council.................. 82 88 Materials in infrastructure are council property .............. 83 Chapter 4 Finances and accountability Part 1 Rates and charges 89 What this part is about............. 0.00. cece ee eee eee 84 90 Types of rates and charges .............0..... cee eee eee 84 91 Land on which rates are levied..............0-.02-e eee eee 86 92 Power to levy rates and charges ...........-..- 0. eee eeeee 87 93 Overdue rates and charges are a charge over rateable land... . 87 94 Regulations for rates and charges .............0.....00005 88 Part 2 Fees 95 Cost-recovery feeS 6.0... eee eee 89 96 Register of cost-recovery fees ...............0 0. ee eee eee 90 97 Fees on occupiers of land below the high-water mark......... 90 Part 3 Financial sustainability and accountability 98 Statutory Bodies Financial Arrangements Act applies to council. 91 99 Systems of financial management..................00000- 91 100 Approval of budget. ........... 0.0... eee cece eee eee 92 Part 4 Councillors' financial accountability 101 What this part is about............ 0.0... e ee eee eee eee 93 102 Councillor's discretionary funds .................0002. 0008 93 Page 4 Chapter 5 Part 1 Part 2 Division 1 Subdivision 1Subdivision 2Subdivision 3115 117119121Division 2124 City of Brisbane Bill 2010 Councillors liable for improper disbursements .......... Councillors liable for loans to individuals .............. Councillors liable for improper borrowings............. Monitoring and enforcing the local government related The council What this partis about.....................0.0...0. Decisions under this part are not subject to appeal... ... Gathering information...................02....000. Acting on the information gathered .................. The public Powers of authorised persons Introduction What this division is about ...................0-0005 Producing authorised person's identity card............ Power to require a person's name and address Power to require a person's name and address......... Powers to enter property etc. Entering a public place that is open without the need for permission ww eee Entering private property with, and in accordance with, the occupier's permission. ............0......0.0-00005 Entering private property with, and in accordance with, a warrant kee eee Warrants—applications made electronically............ Entering under an application, permit or notice ......... Entering property under an approved inspection program. Approving an inspection program.................... General powers after entering a property.............. Authorised person to give notice of damage ........... Compensation for damage or loss caused after entry ... . Powers of other persons What this division is about ...................0-000- Entry with, and in accordance with, permission of occupier Entry by an owner, with reasonable written notice, under a remedial notice.............. 0.0... Occupier may discharge owner's obligations........... Contents laws 949697 99 101 104107110112 114 115 Page 5 City of Brisbane Bill 2010 Contents 127 Entry by a council worker, with reasonable written notice, under a remedial notice ..............-0000 eee eee 115 128 Entry by a council worker, with reasonable written notice, to take materials ............ 0.0... c eee ene 117 129 Entry by a council worker, at reasonable times, to repair etc. facilities eee 118 130 Entry by a council worker, at any time, for urgent action ....... 119 131 Entry with, and in accordance with, a court order ............ 119 132 Compensation for damage or loss caused.................. 121 133 Limitation of time in absence of notice of work done.......... 122 Part 3 Investigation of council records Division 1 Introduction 134 What this partis about............. 0.0... eee eee eee 122 Division 2 Investigations by department 135 Producing authorised officer's identity card ................. 122 136 Making of inquiries for department.................0...00. 123 137 Power to require information or document for department investigation kee 123 Division 3 Investigations by council 138 Producing authorised person's identity card................. 124 139 Making of inquiries for council .............0....00 00 ee eee 125 140 Power to require information or document for council investigation — kets 125 141 Referral to department... ......... 0.000 cece eee eee ee 126 142 Chief executive officer not subject to direction............... 127 Part 4 Offences 143 Obstructing enforcement of this Act or local laws etc. ......... 127 144 Impersonating an authorised person ................-.0005- 128 145 Duty to make documents available................-.0-.005 128 Chapter 6 Administration Part 1 Introduction 146 What this chapter is about ................ 0-0 e eee eee eee 129 Part 2 Councillors Division 1 Qualifications of councillors 147 Qualifications of councillors ........... 0.00... cee eee eee 129 148 Disqualification for certain offences ...............00..200. 130 149 Disqualification of prisoners..............00...00 cee eee 131 Page 6 City of Brisbane Bill 2010 Contents 150 Disqualification because of other high office ................ 131 151 Disqualification during bankruptcy .................000200. 132 152 Judicial review of qualifications ................0.....000. 132 153 Acting as councillor without authority...................00. 133 Division 2 Councillor's term of office 154 When a councillor's term starts ............0. 000 c eee eee 133 155 When a councillors term ends ..........-..0- 00 eee ee eee 133 Division 3 Vacancies in councillor's office 156 What this division is about .............. 00... eee eee eee 134 157 When a councillor's office becomes vacant................. 135 158 When a vacancy in an office must be filled ................. 135 159 Filling a vacancy in the office of mayor.................000. 136 160 Acting mayor... 2.6... ect tees 136 161 Filling a vacancy in the office of another councillor ........... 137 Division 4 Councillors with other jobs 162 Councillors and council jobs..................0 cece ee eee 138 163 Councillors and full-time government jobs.................. 138 Division 5 Obligations of councillors 164 Obligations of councillors before acting in office ............. 140 165 Giving directions to council staff...................00..00. 140 166 Requests for help or advice ................0 000. e cece 140 167 Inspection of particular records by councillors............... 142 168 Use of information by councillors ..................0000005 142 169 Councillor's material personal interest ata meeting........... 143 170 Councillor's conflict of interest ata meeting................. 145 171 Duty to report another councillors material personal interest, conflict of interest or misconduct ...............0.....000. 146 172 Post-election meetings. ........... 00.00.0000. 0c eee eee 147 Division 6 Conduct and performance of councillors 173 What this division is about .............. 00... eee eee eee 147 174 BCC councillors code of conduct.................00.2200. 150 175 Assessing complaints. .......... 0.000 c eee ee eee eee 150 176 Notifying councillor of the hearing of a complaint............. 153 177 Hearing and deciding complaints................0-.00000e 153 178 Taking disciplinary action ............ 00.0 e cece eee eee 154 179 Costs of tribunal to be paid by council..................... 156 Page 7 City of Brisbane Bill 2010 Contents 180 Inappropriate conduct in meeting of council................. 156 181 Application of Crime and Misconduct Act................... 157 Part 3 BCC councillor conduct review panel 182 Appointing members of the BCC councillor conduct review Panel — ete 157 183 Remuneration and appointment conditions of members ...... . 159 184 Conflict of interests......... 0.0... eee eee 159 Part 4 Council employees Division 1 Chief executive officer 185 Appointing a chief executive officer ....................00. 160 186 Appointing an acting chief executive officer................. 160 Division 2 Other council employees 187 Appointing senior contract employees ...............-..--. 161 188 Appointing other council employees................---005- 161 189 Disciplinary action against council employees............... 162 Division 3 Common provisions 190 Concurrent employment of council employees............... 162 191 Improper conduct by council employees ................... 162 192 Use of information by council employees................... 163 193 Annual report must detail remuneration..................-. 164 Part 5 Authorised persons 194 Appointing authorised persons..............-.0-.0 eee eee 165 195 End of appointment of authorised persons................-. 166 196 Identity card for authorised persons............0.....000 0 166 197 Authorised persons must disclose change in criminal history . . . 167 198 Chief executive officer may obtain report from police commissioner we eee 167 199 Use of criminal history information.................0...00. 167 Chapter 7 Other provisions Part 1 Way to hold a hearing 200 What this partis about............. 0.0... eee eee eee 168 201 Procedures at hearing .......... 2... e cece eee eee eee 168 202 Witnesses at hearings .......... 0.0.0 c eee cece eee 169 203 Contempt at hearing. ............. 0... c eee eee eee eee 170 Part 2 Superannuation 204 What this partis about............. 0.0... eee eee eee 171 Page 8 206 Part 3209 Part 4211 213215217219221224226228230 Part 5232234 City of Brisbane Bill 2010 Contents Super scheme for councillors. .............00 0.000 ee ee eee 171 Superannuation scheme for council employees and associated PErSONS ik eee 171 Super schemes to be audited by auditor-general............. 172 Allocating Commonwealth funding to council Allocating Commonwealth funding. ...................000. 172 Decisions under this division are not subject to appeal........ 173 Legal provisions False or misleading information ...............00....00e ee 173 Administrators who act honestly and without negligence are protected from liability ................ 00. e eee eee eee 174 Who is authorised to sign council documents .............-. 176 Name in proceedings by or against council................. 176 Service of documents on council...........0.....000 ee eee 176 Substituted service... 0.0.0... eee 176 Local government related laws requiring a statement of a law. . . 177 Acting for council in legal proceedings...................-. 177 Attempt to commit offence ............000. 0. 0c eee eee eee 178 Types of offences under this Act.................0....000. 178 Time to start proceedings in a summary way.............--- 179 Decisions not subject to appeal.................-.00 200s 179 Judges and other office holders not disqualified from adjudicating: kee eee eee eee 180 Where fines are to be paidto..................000..00 00 180 Evidence of local laws ........... 0.00... c cee ee eee eee 180 Evidence of proceedings of council ............2.....00005 181 Evidentiary value of copies................. 0000. e ee eee 182 Evidentiary value of certificates ...............0.....0000, 182 Evidence of directions given to council..................00. 182 Evidence of complainant's knowledge of matter ............. 183 Constitution and limits of council need not be proved ......... 183 Delegation of powers Delegation of Minister's powers ............0.....00020005 183 Delegation of department's chief executive's powers.......... 183 Delegation of council powers ..............00 0.00 eee eee 183 Delegation of chief executive officer's powers ............... 184 Council delegations register..................0 02.0000 0 ee 184 Page 9 City of Brisbane Bill 2010 Contents Part 6237239241243245Chapter 8 Part 1Part 2249251253255257Chapter 9 Part 1260 Part 2262 Page 10 Other provisions Public office of the council ................. 000.2 e ee eee ee Powers in support of responsibilities ...................... Validity of council proceedings. ..............00 eee eee ee Requirements for particular guidelines..................... Insurance to cover councillors .............- 00 cee eee eee Special entertainment precincts..................0000000. Approved forms ..... 0.0.0... e cee cence eee Review of this Act...........0. 0... eee eee eee Process for administrative action complaints................ Information for the Minister.................002...00 ee eee Regulation-making power. ............ 02.0.0... c eee eee Repeal, transitional and savings provisions Repeals Transitional and savings provisions What this partis about...................0.0.0.0..0000. Brisbane City Council continued ...................00200. Local laws... . 6... ett tee Decisions under repealed Acts. ...............0.0.0.00005 Established malls... 0.2.0... 0... c cece eee eee Proceedings and evidence.................0.. 0000000005 Super trust deed... 0.2... ee Registers ... 0.0.2... ee eee References to repealed Acts ............. 0000 c ee eee eee Transitional provisions for elections .................-.0005 Transitional regulation-making power...................0.0. Amendment of Acts Amendment of Electrical Safety Act 2002 Actamended ........... 06sec cc cece ete Amendment of s 192A (Definitions for div 2A)............... Amendment of Information Privacy Act 2009 Actamended ........... 06sec cc cece ete Replacement of s 211 (Acts and practices authorised before commencement)........... 000. c eee ee eee eee eee 211 Acts and practices authorised before relevant date . . 185186187188189191192193193194195 196 City of Brisbane Bill 2010 Contents Part 3 Amendment of Local Government Act 2009 263 Actamended ........... 06sec cc cece ete 197 264 Amendment of s 2 (Commencement) ..................008 197 265 Replacement of s 5 (How this Act applies to the Brisbane City Council) kee eee 197 5 Relationship with City of Brisbane Act 2010........ 197 266 Amendment of s 12 (Responsibilities of councillors) .......... 197 267 Amendment of s 13 (Responsibilities of local government employees) ws eee 198 268 Amendment of s 14 (What this part is about)................ 198 269 Replacement of s 16 (Review of divisions of local government APCAS) eee eee 198 16 Review of divisions of local government areas...... 199 270 Amendment of s 23 (Casual commissioners)................ 199 271 Amendment of s 25 (Annual report of change commission) .... 199 272 Amendment of s 29 (Local law making process) ............. 199 273 Amendment of s 38 (Anti-competitive provisions) ............ 200 274 Replacement of ch 3, pt 2, hdg (Business enterprises and activities) eee eee 201 275 Amendment of s 40 (Conducting beneficial enterprises) ....... 201 276 Amendment of s 45 (Identifying significant business activities)... 203 277 Amendment of s 47 (Code of competitive conduct)........... 203 278 Amendment of s 48 (Competitive neutrality complaints) ....... 203 279 Amendment of s 52 (When a corporate entity is not to indemnify employees). ...........00... 00 cece eee eee 204 280 Insertion of news 58A.... 6.2... eee 204 58A Application of other Acts to a corporate entity...... 204 281 Insertion of new ch 3, pt3, div3............... 0000000008 205 Division 3 Malls 80A Malls... 0.0.00. cee eee 205 282 Amendment of s 95 (Overdue rates and charges are a charge overland) we eee eee 206 283 Amendment of s 97 (Cost-recovery fees)................00. 206 284 Amendment of s 99 (Fees on occupiers of land below the high-water mark)... 2.20... 00.2 206 285 Amendment of s 105 (Auditing, including internal auditing) ..... 207 286 Replacement of s 108 (Misappropriation offence applies) ..... . 207 108 What this part is about.................-.0000. 207 City of Brisbane Bill 2010 Contents 288290292 294 297 Page 12 Amendment of s 113 (What this part is about)............... Amendment of s 115 (Gathering information) ............... Amendment of s 116 (Acting on the information gathered) ..... Amendment of s 118 (Financial controllers)................. Amendment of s 121 (Removing unsound decisions) ......... Amendment of s 135 (General powers after entering a property) eee eee eee Amendment of s 138 (What this division is about)............ Amendment of s 143 (Entry by a local government worker, with reasonable written notice, to take materials) ................ Replacement of ch 5, pt 2, div 3 (Offences)................. Part 3 Investigation of local government records Division 1 Introduction 148A What this part is about.................-..000. Division 2 Investigations by department 148B Producing authorised officer's identity card........ 148C Making of inquiries for department............... 148D Power to require information or document for department investigation ...................0.. Division 3 Investigations by local government 148E Producing authorised person's identity card........ 148F Making of inquiries for local government .......... 148G Power to require information or document for local government investigation ...................0.. 148H Referral to department...............0....0000. 1481 Chief executive officer not subject to direction...... Part 4 Offences 149 Obstructing enforcement of Local Government Acts Cte. eee eee 150 Impersonating authorised persons and authorised Officers eee eee 150A Duty to make documents available............... Amendment of s 168 (Senior councillors and full-time governmentjobs) we eects Amendment of s 170 (Giving directions to local government Staff) eee eee eee Insertion of new ss 170A and170B................--0-00. 170A Requests for help or advice .................0.. 208208209 210 211 213 215217 218300 302304306312314316 319 City of Brisbane Bill 2010 Contents 170B Inspection of records by councillors.............. 219 Amendment of s 171 (Use of information by councillors). ...... 220 Amendment of s 172 (Councillor's material personal interest at ameeting) ...... 0... eee eee 220 Amendment of s 175 (Post-election meetings)............... 221 Amendment of s 176 (What this division is about)............ 221 Amendment of s 177 (Assessing complaints) ............... 222 Amendment of s 180 (Taking disciplinary action)............. 222 Amendment of s 181 (Inappropriate conduct) ............... 222 Amendment of s 184 (Members of tribunal)................. 223 Amendment of s 197 (Disciplinary action against local government employees). ............. 0000 e cece eee eae 223 Amendment of s 200 (Improper use of information by local government employees). ............. 0000 e cece eee eae 223 Insertion of new ss 204A to 204C ............00... 0c ee eee 224 204A Authorised persons must disclose change in criminalhistory www eee eee 224 204B Chief executive officer may obtain report from police commissioner. .........- 00 c eee eee eee eee 224 204C Use of criminal history information............... 225 Insertion of new ch 6, part 6A .............. eee eee eee 226 Part 6A Authorised officers for the department 204D Appointing authorised officers .................. 226 204E End of appointment of authorised officers ......... 226 204F Identity card for authorised officers .............. 227 Amendment of s 209 (Board's responsibilities) .............. 227 Amendment of s 210 (Board of directors) .................. 227 Amendment of s 218 (Members of LG super scheme) ........ 227 Amendment of s 226 (Super scheme for councillors).......... 228 Amendment of s 231 (Members of grants commission)........ 228 Amendment of s 235 (Administrators who act honestly and without negligence are protected from liability) .............. 228 Amendment of s 236 (Who is authorised to sign local government documents). ............ 0.0 cece eee eee eee 228 Amendment of s 239 (Substituted service) ................. 229 Insertion of new S 239A... 1... eee 229 239A Local Government Acts requiring a statement of a IAW eee eee ee 229 City of Brisbane Bill 2010 Contents 321323325 327330 Part 4333Part 5336 Part 6Schedule 1 Page 14 Amendment of s 257 Amendment of s 260 Amendment of s 262 Amendment of s 270 Amendment of s 281 Amendment of s 284 (Continuation of electoral and related provisions) ke eee ects Amendment of s 287 (Local Government Association) ........ Renumbering of s 288 (Repeal).....................00005 Insertion of new S 288 .... 6... eee 288 Continuing casual commissioners ............... Amendment of sch 1 (Acts amended) ............--.--00-- Omission of sch 3 (Comparative terms for the Brisbane City Council) kee eee Amendment of sch 4 (Dictionary)................-00-00 00s Amendment of Right to Information Act 2009 Actamended ........... 06sec cc cece ete Amendment of s 21 (Requirement for publication scheme) ..... Amendment of sch 3 (Exempt information) ................. Amendment of Workplace Health and Safety Act 1995 Actamended ........... 06sec cc cece ete Amendment of s 170 (Definitions for div 3) ................. Amendment of other Acts Minor and consequential amendments .................... Minor and consequential amendments .................. Amendments of this Act.... 2.0.00... 0.000 cece eee eee Aboriginal Land Act 1991........... 0.00. cece eee eee Airport Assets (Restructuring and Disposal) Act 2008......... Brisbane River Tidal Lands Improvement Act 1927........... Building Units and Group Titles Act 1980................... Electoral Act 1992 ..... 0... 1c eee Fair Trading Act 1989 ......... 2... cece eee eee Fair Work (Commonwealth Powers) and Other Provisions Act 2009 cette teens Fire and Rescue Service Act 1990................0--0000- Industrial Development Act 1963.................02 ee eee Industrial Relations Act 1999 ....................0.0.00008. Delegation of local government powers). . Local government delegations register) . . Powers in support of responsibilities) .. . . Regulation-making power) ............ Remuneration schedule).............. 230230231232232 236 239242 243243244244245246 Schedule 2 City of Brisbane Bill 2010 Contents Judicial Review Act 1991 .............. 0000. e eee eee eee 247 Land Act 1994.1... 2. eee 247 Libraries Act 1988 .......... 0... cece ee eee 247 Metropolitan Water Supply and Sewerage Act 1909 ........... 248 National Trust of Queensland Act 1963 .................... 248 Public Sector Ethics Act 1994 ............. 0.0000... cee ee 248 Racing Venues Development Act 1982 .................... 249 South Bank Corporation Act 1989 .................02..00. 249 Urban Land Development Authority Act 2007 ............... 250 Valuation of Land Act 1944 ............0...... 00 eee eee 250 Dictionary ............ 0.000 eee 252 Page 15 A Bill for An Act to provide a system of local government in the City of Brisbane, to amend the Electrical Safety Act 2002, the Information Privacy Act 2009, the Local Government Act 2009, the Right to Information Act 2009 and the Workplace Health and Safety Act 1995 for particular purposes and to make minor or consequential amendments of the Aboriginal Land Act 1991, the Airport Assets (Restructuring and Disposal) Act 2008, the Brisbane River Tidal Lands Improvement Act 1927, the Building Units and Group Titles Act 1980, the Electoral Act 1992, the Fair Trading Act 1989, the Fair Work (Commonwealth Powers) and Other Provisions Act 2009, the Fire and Rescue Service Act 1990, the Industrial Development Act 1963, the Industrial Relations Act 1999, the Judicial Review Act 1991, the Land Act 1994, the Libraries Act 1988, the Metropolitan Water Supply and Sewerage Act 1909, the National Trust of Queensland Act 1963, the Public Sector Ethics Act 1994, the Racing Venues Development Act 1982, the South Bank Corporation Act 1989, the Urban Land Development Authority Act 2007 and the Valuation of Land Act 1944 City of Brisbane Bill 2010 Chapter 1 Preliminary [s 1] The Parliament of Queensland enacts— Chapter 1 Preliminary 1 Short title This Act may be cited as the City of Brisbane Act 2010. 2 Commencement d) This Act, other than the following, commences on 1 July 2010— (a) section 329; (b) schedule 1, amendments of this Act. (2) Schedule 1, amendments of this Act, commences on 2 July 2010. 3 Purpose of this Act (1) The purpose of this Act is to provide for— (2) Page 18 (a) the way in which the Brisbane City Council is constituted and the unique nature and extent of its responsibilities and powers; and (b) a system of local government in Brisbane that is accountable, effective, efficient and sustainable. Compared to other local governments in Queensland, the council is unique in its nature and the extent of its responsibilities and powers for the following reasons— (a) Brisbane is the capital city of Queensland; (b) the council is the largest provider of local government services in Queensland; A omrAnnnN (c) (d) (e) (f) City of Brisbane Bill 2010 Chapter 1 Preliminary [s 4] there are 26 councillors (other than the mayor) who each represent the interests of the residents of a ward; the mayor has unique responsibilities as the mayor of a capital city; the council has an Establishment and Coordination Committee that coordinates its business; the chairperson of the council presides at all of its meetings and is responsible for ensuring its rules of procedure are observed and enforced. Local government principles underpin this Act (1) To ensure the system of local government in Brisbane is accountable, effective, efficient and sustainable, Parliament requires— (2) (a) (b) anyone who is performing a responsibility under this Act to do so in accordance with the local government principles; and any action that is taken under this Act to be taken in a way that— (i) is consistent with the local government principles; and (ii) provides results that are consistent with the local government principles, in as far as the results are within the control of the person who is taking the action. The local government principles are— (a) (b) (c) (d) transparent and effective processes, and decision-making in the public interest; and sustainable development and management of assets and infrastructure, and delivery of effective services; and democratic representation, social inclusion and meaningful community engagement; and good governance of, and by, local government; and Page 19 COMPANY DAN FW NK CO ON DANS WNK CO NX NNNN BRWNF N n NW amon NN \o Ww ro w N City of Brisbane Bill 2010 Chapter 2 Brisbane City Council Part 1 City of Brisbane [s 5] (e) ethical and legal behaviour of councillors and council employees. Relationship with Local Government Act (1) Although the Brisbane City Council is a local government, this Act, rather than the Local Government Act, provides for— (a) the way in which the Brisbane City Council is constituted and the nature and extent of its responsibilities and powers; and (b) asystem of local government in Brisbane. (2) The Local Government Act does not apply to the Brisbane City Council or its councillors, employees, agents or contractors or to corporate entities of the council. Definitions The dictionary in schedule 2 defines particular words used in this Act. Chapter 2 Brisbane City Council Part Page 20 1 City of Brisbane City of Brisbane (1) The area of Brisbane continues to be a city under the name 'City of Brisbane'. (2) The boundaries of Brisbane are the boundaries of the city immediately before 1 July 2010 and as subsequently varied under this Act. N OMAN ANH W WNr © nun f 21 23 City of Brisbane Bill 2010 Chapter 2 Brisbane City Council Part 2 Council constitution, responsibilities and powers [s 8] (3) Brisbane is the capital city of Queensland. (4) A regulation may describe the boundaries of Brisbane. Part 2 Council constitution, responsibilities and powers 8 What this part is about This part explains— (a) what the Brisbane City Council is; and (b) who constitutes the council; and (c) the responsibilities and powers of the council, its councillors and its employees. 9 The Brisbane City Council's responsibility for Brisbane The Brisbane City Council (the council) is the elected body that is responsible for the good rule and local government of Brisbane. 10 Brisbane City Council is a body corporate The council— (a) is a body corporate with perpetual succession; and (b) has acommon seal; and (c) may sue and be sued, and otherwise exercise its powers, under the name 'Brisbane City Council'. Page 21 A omni nn BRWN CoO wWON DMN City of Brisbane Bill 2010 Chapter 2 Brisbane City Council Part 2 Council constitution, responsibilities and powers [s 11] Page 22 Powers of council generally d) (2) (3) (4) (5) The council has the power to do anything that is necessary or convenient for the good rule and local government of Brisbane. Note— Also, see section 237 for more information about powers. However, the council can only do something that the State can validly do. When exercising a power, the council may take account of Aboriginal tradition and Island custom. The council may exercise its powers— (a) inside Brisbane; or (b) outside Brisbane (including outside Queensland)— (i) with the written approval of the Minister; or (ii) as provided under section 12(5). When the council is exercising a power in a place that is outside Brisbane, the council has the same jurisdiction in the place as if the place were inside Brisbane. Power includes power to conduct joint government activities d) (2) (3) The council may exercise its powers by cooperating with 1 or more other local, State or Commonwealth government to conduct a joint government activity. A joint government activity includes providing a service, or operating a facility, that involves the other governments. The cooperation with another government may take any form, including for example— (a) entering into an agreement; or © AN NDNN FWY CID NF WN YF CO 2225 27 (4) (5) (6) City of Brisbane Bill 2010 Chapter 2 Brisbane City Council Part 2 Council constitution, responsibilities and powers [s 13] (b) creating a joint local government entity, or joint government entity, to oversee the joint government activity. A joint government activity may be set up for more than 1 purpose. Example— Three local governments may create a joint local government entity to manage an aerodrome that services each of their local government areas, and may also enter into an agreement to sell water in bulk to one of the local governments. The council may exercise a power in another government's area for the purposes of a joint government activity, in the way agreed by the governments. However, if the power is to be exercised under a local law, the local law must expressly state that it applies to the other government's area. Note— See section 30 for more information about making local laws. Who the council is constituted by d) (2) Usually, the council is constituted by the mayor and 26 other councillors who are elected or appointed to the council under this Act or the Electoral Act. However, if there are no councillors for any reason, the council is constituted by its chief executive officer. Responsibilities of councillors d) (2) (3) A councillor must represent the current and future interests of the residents of Brisbane. All councillors have the same responsibilities, but the mayor has some extra responsibilities. All councillors have the following responsibilities— (a) ensuring the council— Page 23 COMA HD NH WNe erAI ANF WNK CO 2124 27 29 31 City of Brisbane Bill 2010 Chapter 2 Brisbane City Council Part 2 Council constitution, responsibilities and powers [s 14] Page 24 (4) (b) (c) (d) (e) (i) discharges its responsibilities under this Act; and (ii) achieves its corporate and community plans; and (ii) complies with all laws that apply to the council; providing high quality leadership to the council and the community; participating, for the benefit of Brisbane, in— (i) meetings of the council; and (ii) policy development and decision making about matters being considered at a meeting of the council; being accountable to the community for the council's performance; complying with the BCC councillors code of conduct. The mayor has the following extra responsibilities— (a) (b) (c) (d) (e) (f) (g) (h) implementing the policies adopted by the council; developing and implementing policies, other than policies that conflict with policies adopted by the council; leading and controlling the business of the council; preparing a budget to present to the council; leading, managing, and providing strategic direction to the chief executive officer in order to achieve high quality administration of the council; ensuring that the council promptly provides the Minister with the information about Brisbane, or the council, that is requested by the Minister; arranging representation of the council at ceremonial or civic functions; directing the chief executive officer and senior contract employees of the council. Com AD UNF WN CAND NHN FW NF CO iS) Oo NNW WNre NNN oes NN aon wWhd ow City of Brisbane Bill 2010 Chapter 2 Brisbane City Council Part 2 Council constitution, responsibilities and powers [s 15] (5) When performing a responsibility, a councillor must serve the overall public interest of the whole of Brisbane. 15 Responsibilities of council employees (1) All employees of the council have the following responsibilities— (a) implementing the policies and priorities of the council in a way that promotes— (i) the effective, efficient and economical management of public resources; and (ii) excellence in service delivery; and (iii) continual improvement; (b) carrying out their duties in a way that ensures the council— (i) discharges its responsibilities under this Act; and (ii) complies with all laws that apply to the council; and (iii) achieves its corporate and community plans; (c) providing sound and impartial advice to the council; (d) carrying out their duties impartially and with integrity; (e) ensuring their personal conduct does not reflect adversely on the reputation of the council; (f) improving all aspects of their work performance; (g) observing all laws relating to their employment; (h) observing the ethics principles under the Public Sector Ethics Act 1994, section 4; (i) complying with a code of conduct under the Public (2) Sector Ethics Act 1994. The chief executive officer has the following extra responsibilities— Page 25 NOR COM ANAND NH Ww ont an fF WN KF CO \o Nw ro NN WwW N Nw ns NW mon NW ow City of Brisbane Bill 2010 Chapter 2 Brisbane City Council Part 2 Council constitution, responsibilities and powers [s 15] Page 26 (a) (b) (d) (e) (f) managing the council in a way that promotes— (i) the effective, efficient and economical management of public resources; and (ii) excellence in service delivery; and (iii) continual improvement; managing the other council employees through management practices that— (i) promote equal employment opportunities; and (ii) are responsive to the council's policies and priorities; establishing and implementing goals and practices in accordance with the policies and priorities of the council; establishing and implementing practices about access and equity to ensure members of the community have access to— (i) council programs; and (ii) appropriate avenues for reviewing council decisions; the safe custody of— (i) all records about the proceedings, accounts or transactions of the council or its committees; and (ii) all documents owned or held by the council; complying with particular requests under section 166 from councillors. Co WAND NN fF WN Com A DANK WNKY CO iS) Oo NW Noe N w Nw ns Part 3 City of Brisbane Bill 2010 Chapter 2 Brisbane City Council Part 3 Wards of Brisbane [s 16] Wards of Brisbane 16 What this part is about This part is about the number of electors that are to be in each ward of Brisbane to ensure democratic representation. 17 Wards of Brisbane d) (2) (3) (4) (5) Brisbane is divided into 26 areas called wards. A regulation may describe the boundaries of any ward of Brisbane. Each ward of Brisbane must have a reasonable proportion of electors. A reasonable proportion of electors is the number of electors that is worked out by dividing the total number of electors in Brisbane (as nearly as can be found out) by the number of councillors (other than the mayor), plus or minus 10%. Example— If the total number of electors in Brisbane is 1500000, and the number of councillors (other than the mayor) is 5, the reasonable proportion of electors is 300000 (i.e. 1500000 divided by 5) plus or minus 10%, i.e. between 270000 and 330000 electors. When changing the wards of Brisbane, the reasonable proportion of electors must be worked out as near as practicable to the time when the change is to happen. 18 Review of wards of Brisbane The council must, no later than 1 October in the year that is 2 years before the year of the quadrennial elections— (a) review whether each of the wards of Brisbane has a reasonable proportion of electors; and (b) give the electoral commissioner and the Minister written notice of the results of the review. Page 27 RW CoO mI HNN OMAD NN PWNrK CO NW Wh NRO 25 27 29 City of Brisbane Bill 2010 Chapter 2 Brisbane City Council Part 4 Changing Brisbane area or representation [s 19] Part 4 Changing Brisbane area or representation Division 1 Introduction 19 What this part is about (1) This part is about making a boundary change. (2) A boundary change is a change of the boundaries of Brisbane or any ward of Brisbane. (3) In summary, the process for making a boundary change is as follows— ° assessment—the change commission assesses whether a proposed boundary change is in the public interest ° implementation—the Governor in Council implements the boundary change under a regulation. (4) The change commission, which conducts the assessment phase of the process, is an independent body created under the Local Government Act. Division 2 The process for change 20 Who may start the change process Page 28 For a boundary change— (a) the council; or (b) the Minister; or (c) the electoral commission; may apply to the change commission to assess whether the change should be made. COD ND NW fF DANnNk WN KF CO 2124 City of Brisbane Bill 2010 Chapter 2 Brisbane City Council Part 4 Changing Brisbane area or representation [s 21] 21 Assessment d) (2) (3) (4) (5) (6) 7) The change commission is responsible for assessing whether a proposed boundary change is in the public interest. In doing so, the change commission must consider— (a) whether the proposed boundary change is consistent with a local government related law; and (b) _ the views of the Minister about the proposed boundary change; and (c) any other matters prescribed under a regulation. The change commission may conduct its assessment in any way that it considers appropriate. However, as a minimum, the change commission must— (a) ask for submissions from any local government that would be affected by the proposed boundary change; and (b) hold a public hearing (in the way set out in chapter 7, part 1) to ask the public for its views about the proposed boundary change. The change commission must let the public know the results of its assessment and the reasons for the results, by publishing notice of the results— (a) in a newspaper that is circulating generally in Brisbane; and (b) in the gazette; and (c) onthe electoral commission's website. The change commission must also give the results of its assessment to the Minister. The change commission may recommend that the Governor in Council implement the change commission's assessment. Page 29 C0 ON DANN FF WN NX SCO OAD NSW NY FO N — NN Wh NY N nn & NW mon NW ow City of Brisbane Bill 2010 Chapter 2 Brisbane City Council Part 4 Changing Brisbane area or representation [s 22] Page 30 Implementation d) (2) (3) (4) (5) The Governor in Council may implement the change commission's recommendation under a regulation. The regulation may provide for anything that is necessary or convenient to facilitate the implementation of the boundary change. For example, the regulation may provide for— (a) holding or postponing a council election; or (b) the transfer of assets and liabilities between the council and another local government. The council is not liable to pay a State tax in relation to a transfer or other arrangement made to implement a boundary change. A State tax is a tax, charge, fee or levy imposed under an Act, other than a duty under the Duties Act 2001. Decisions under this division are not subject to appeal A decision of the change commission under this division is not subject to appeal. Note— See section 221 for more information. Co mMmAN ANH WN nk WNr © Co mOrn an City of Brisbane Bill 2010 Chapter 3 The business of the council Part 1 Statutory committees and council meetings [s 24] Chapter 3 The business of the council Part 1 Statutory committees and council meetings Division 1 Statutory committees of the council 24 Establishment and Coordination Committee d) (2) (3) (4) (5) (6) The standing committee of the council called the Establishment and Coordination Committee is continued as a statutory committee of the council. The committee coordinates the business of the council. The committee consists of the mayor and all committee chairpersons of the standing committees of the council. Only a councillor may be a member of the committee. The mayor is the chairperson of the committee. The committee is collectively responsible to the council. Note— Under the Right to Information Act 2009 (the RTI Act), schedule 3, section 4A, particular information relating to the committee is exempt information. Accordingly, access to that information may be refused—see section 47(3)(a) of the RTI Act. However, despite the council being able, under that section, to refuse access, the council may decide to give access—see section 48(3) of the RTI Act. Page 31 0 OAD WN NW RPOOMINIMN MN FB WN FO City of Brisbane Bill 2010 Chapter 3 The business of the council Part 1 Statutory committees and council meetings [s 25] Division 2 Meetings of the council or its Page 32 committees Chairperson of the council d) (2) (3) (4) The council must, by resolution, appoint a chairperson of the council from its councillors (other than the mayor or deputy mayor) at the first meeting after the office of the chairperson becomes vacant. The chairperson of the council presides at all meetings of the council and is responsible for ensuring its rules of procedure are observed and enforced. Note— The chairperson of the council also has powers under section 180 in relation to inappropriate conduct by councillors in meetings of the council. However, the chairperson of the council does not preside at meetings of committees of the council. Note— A committee chairperson presides at meetings of a committee of the council. The rules of procedure are, under a local law, the rules decided by council for the conduct of the participants at meetings of the council. Mayor as member of standing committees of the council d) (2) The mayor is a member of all standing committees of the council. The mayor may, at the mayor's discretion, attend, participate in or vote at any meeting of a standing committee of the council. Om IADNH W om rn AN PWN KF © NNW NRO 25 27 Part 2 City of Brisbane Bill 2010 Chapter 3 The business of the council Part 2 Local laws [s 27] Local laws Division 1 Introduction 27 What this part is about d) (2) (3) (4) (5) (6) (7) This part is about local laws. A local law is a law made by the council. Unless there is a contrary intention, a reference in this Act to a local law includes a reference to— (a) an interim local law; and (b) asubordinate local law; and (c) a local law that is an adopted model local law. An interim local law is a \ocal law that has effect for 6 months or less. A subordinate local law is a local law that— (a) is made under a power contained in a local law; and (b) provides for the detailed implementation of the broader principles contained in the local law. A subordinate local law is called that because it is subordinate to the local law under which it is made, so that if there is any inconsistency between the subordinate local law and the local law, the local law prevails to the extent of the inconsistency. A model local law is a local law approved by the Minister under the Local Government Act, section 26(7), as being suitable for adoption by all local governments. 28 Interaction with State laws If there is any inconsistency between a local law and a law made by the State, the law made by the State prevails to the extent of the inconsistency. Page 33 Co WOANIHD NN SF WW NY SCOmMmAN AN FP WNKY CO NNW WNre 26 City of Brisbane Bill 2010 Chapter 3 The business of the council Part 2 Local laws [s 29] Division 2 Page 34 Making, recording and reviewing local laws Power to make a local law (1) The council may make and enforce any local law that is necessary or convenient for the good rule and _ local government of Brisbane. (2) However, the council must not make a local law— (a) (b) (c) that sets a penalty of more than 850 penalty units for each conviction of failing to comply with a local law, including each conviction when there is more than 1 conviction for a continuing offence or repeat offence; or that purports to stop a local law being amended or repealed in the future; or about a subject that is prohibited under division 3. Local law making process d) (2) (3) (4) The council may decide its own process for making a local law. However, the process must be consistent with this section. Before making a proposed local law, the council must— (a) (b) consult with relevant government entities about the overall State interest in the proposed local law; and give the Minister the following— (i) acopy of the proposed local law; (ii) a drafting certificate for the proposed local law; (iii) information required by the Minister or under a regulation. The council may proceed further in making the proposed local law only if the council satisfies the Minister that— Com A ANA W KR WN FO orainun 2224 26 28 (5) (6) 7) (8) City of Brisbane Bill 2010 Chapter 3 The business of the council Part 2 Local laws [s 30] (a) the overall State interest is satisfactorily dealt with by the proposed local law; and (b) the proposed local law is drafted substantially in accordance with the drafting standards. If the Minister considers the overall State interest would be satisfactorily dealt with by the proposed local law if the council satisfied particular conditions— (a) the Minister may impose conditions on the council that the Minister considers appropriate; and (b) _ the council may proceed further in making the proposed local law if it— (i) satisfies any conditions about the content of the proposed local law; and (ii) agrees to satisfy any other conditions. The council must let the public know that a local law has been made, by publishing a notice of making the local law— (a) in a newspaper that is circulating generally in Brisbane; and (b) in the gazette; and (c) onthe council's website. The notice must be published within 1 month after the day when the council made the resolution to make the local law. The notice must state— (a) that the notice is made by the council; and (b) the date when the council made the resolution to make the local law; and (c) the name of the local law; and (d) the name of any existing local law that was amended or repealed by the new local law; and (e) _ if the local law is an adopted model local law—that fact; and Page 35 om INDMN PW NK C©o AON DUN fF WN KO NX So NN Noe NN BR NN nn N ~ NN \o Ww ro City of Brisbane Bill 2010 Chapter 3 The business of the council Part 2 Local laws [s 31] (9) (10) dt) (f) if the local law is an interim local law—that fact, and the date on which the interim local law expires; and (g) if the local law is a subordinate local law—the name of the local law that authorises the subordinate local law to be made; and (h) _ the purpose and general effect of the local law; and Gj) if the local law contains an anti-competitive provision—that fact; and G) _ that a copy of the local law may be— (i) inspected and purchased at the council's public office; and (ii) inspected at the department's State office. As soon as practicable after the notice is published in the gazette, the council must ensure a copy of the local law may be inspected and purchased at the council's public office. A copy of a local law must cost no more than the cost to the council of making the copy available for purchase. Within 7 days after the notice is published in the gazette, the council must give the Minister— (a) acopy of the notice; and (b) acopy of the local law. Note— See section 40 for the powers of the Minister in relation to a local law that is not made according to this section. 31 Expiry of interim local law revives previous law d) Page 36 This section applies if— (a) an interim local law amends or repeals a local law; and (b) _ the interim local law expires; and (c) the interim local law is not made (either with or without change) as a local law. C0 OND NAPW NR Com ID NASW NY KO NY WY re oO N N NWN BL 2628 30 (2) (3) (4) (5) City of Brisbane Bill 2010 Chapter 3 The business of the council Part 2 Local laws [s 32] When the interim local law expires— (a) _ the local law is revived in its previous form; and (b) any subordinate local law or provision of a subordinate local law, that stopped having effect because the local law was amended or repealed, is revived in its previous form. The previous form of a local law, subordinate local law, or provision of a subordinate local law is the form it was in immediately before the interim local law commenced. This section does not affect anything that was done or suffered under the interim local law before it expired. This section applies despite the Acts Interpretation Act 1954, section 19. Local law register d) (2) The council must keep a register of its local laws, in the way that is required under a regulation. The council must ensure the public may view the register at its public office or on its website. Consolidated versions of local laws d) (2) (3) The council may prepare and adopt a consolidated version of a local law. A consolidated version of a local law is a document that accurately combines the council's local law, as it was originally made, with all the amendments made to the local law since the local law was originally made. When the council adopts the consolidated version of the local law, the consolidated version is taken to be the local law, in the absence of evidence to the contrary. Page 37 CAN DANKW YN WN Fo OrN an 21 2325 27 City of Brisbane Bill 2010 Chapter 3 The business of the council Part 2 Local laws [s 34] (4) Within 7 days after the council adopts the consolidated version of the local law, the council must give a copy of the consolidated version to the Minister. 34 Regular review of local laws The council must regularly review the provisions of its local laws (including anti-competitive provisions, for example) with a view to ensuring the local laws are relevant to the public interest. Division 3 Local laws that can not be made 35 What this division is about This division specifies the subjects that the council must not make a local law about. 36 Network connections (1) The council must not make a local law that regulates network connections. (2) A network connection is an installation that has the sole purpose of connecting a home or other structure to an existing telecommunications network. (3) A local law, to the extent that it is contrary to this section, has no effect. 37 Election advertising (1) The council must not make a local law that— (a) prohibits or regulates the distribution of how-to-vote cards; or (b) prohibits the placement of election signs or posters. (2) A how-to-vote card includes a how-to-vote card under the— Page 38 Wn CANN fF Noe NY SCO OND NA WwW 24 26 (3) (4) (5) City of Brisbane Bill 2010 Chapter 3 The business of the council Part 2 Local laws [s 38] (a) Electoral Act; or (b) the provisions of the repealed Local Government Act 1993 relating to local government elections that continue in force under the Local Government Act. An election sign or poster is a sign or poster that is able, or is intended, to— (a) influence a person about voting at any government election; or (b) affect the result of any government election. A government election is an election for a local, State or Commonwealth government. A local law, to the extent that it is contrary to this section, has no effect. Development processes d) (2) (3) (4) The council must not make a local law that establishes an alternative development process. An alternative development process is a process that is similar to or duplicates all or part of a process in the Planning Act, chapter 6. However, if a local law already contains a provision that establishes an alternative development process, the council— (a) may repeal the provision at any time; and (b) may amend the provision until a new planning scheme comes into effect in Brisbane. This section does not apply to a local law about— (a) advertising devices; or (b) gates and grids; or (c) levees; or (d) roadside dining; Page 39 0 ON DN FWY WN Fo COMmAN AN fF 22 24 2628 City of Brisbane Bill 2010 Chapter 3 The business of the council Part 2 Local laws [s 39] until the council decides (under the Planning Act) to prepare its next planning scheme. (5) A local law, to the extent that it is contrary to this section, has no effect. 39 Anti-competitive provisions (1) The council must not make a local law that contains an anti-competitive provision unless the council has complied with the procedures prescribed under a regulation for the review of anti-competitive provisions. (2) A local law, to the extent that it is contrary to this section, has no effect. (3) This section does not apply to an interim local law. Division 4 Action by the Minister about particular local laws 40 Suspending or revoking particular local laws Page 40 d) (2) (3) This section applies if the Minister reasonably believes a local law is contrary to any other law or inconsistent with the local government principles. The Minister, by gazette notice, may— (a) suspend the local law, for a specified period or indefinitely; or (b) revoke the local law. The gazette notice must state— (a) how the local law is contrary to another law or inconsistent with the local government principles; and (b) _ if the local law has been suspended—how the local law may be amended so that it is no longer contrary to the BW NF COMDANID UN A CAD UN \o 2225 27 (4) (5) (6) 7) City of Brisbane Bill 2010 Chapter 3 The business of the council Part 3 Beneficial enterprises and business activities [s 41] other law or inconsistent with the local government principles. If the Minister suspends a local law, the local law stops having effect for the period specified in the gazette notice. If the Minister revokes the local law— (a) _ the local law stops having effect on the day specified in the gazette notice; or (b) _ if no day is specified in the gazette notice—the local law is taken to never have had effect. The State is not liable for any loss or expense incurred by a person because a local law is suspended or revoked under this section. A decision of the Minister under this section is not subject to appeal. Note— See section 221 for more information. Part 3 Beneficial enterprises and business activities Division 1 Beneficial enterprises 41 What this division is about d) (2) (3) This division is about beneficial enterprises that are conducted by the council. This division does not apply to a business unit of the council. A beneficial enterprise is an enterprise that the council considers is directed to benefiting, and can reasonably be expected to benefit, the whole or part of Brisbane. Page 41 COD AND MN BPW NK nun BW NK CO 18 22 25 City of Brisbane Bill 2010 Chapter 3 The business of the council Part 3 Beneficial enterprises and business activities [s 42] Page 42 (4) The council is conducting a beneficial enterprise if the council is engaging in, or helping, the beneficial enterprise. Conducting beneficial enterprises d) (2) (3) (4) (5) This section applies if the council wants to conduct a beneficial enterprise. The council must— (a) consult with— (aj) all council employees who may be directly affected by the beneficial enterprise; or Gi) if nominated by the council employees, an industrial association representing the council employees; and (b) _ pass a resolution to conduct the beneficial enterprise. An industrial association is an association of employees having as a principal purpose the protection and promotion of their interests in matters concerning their employment. When conducting the beneficial enterprise, the council must— (a) apply sound financial principles; and (b) comply with the local government related laws. In order to conduct the beneficial enterprise, the council may— (a) commercially exploit the council's tangible or intangible property rights; or (b) _ participate with an association, other than by— (i) being an unlimited partner of a partnership; or (ii) entering into an agreement that does not limit the liability of the council, as between the parties, to the amount committed by the council under the agreement; or N om INI HD NH W Co AON ANF W NK OO NX So NW Noe NN BW NSN n wn WNNN ouaNn (6) 7) (8) (9) City of Brisbane Bill 2010 Chapter 3 The business of the council Part 3 Beneficial enterprises and business activities [s 43] (iii) borrowing, or guaranteeing a borrowing. An association is— (a) (b) (c) (d) a partnership; or a corporation limited by shares but is not listed on a stock exchange; or a corporation limited by guarantee but is not listed on a stock exchange; or another association of persons that is not a corporation. In order to conduct the beneficial enterprise, the council must not, either directly or by participating with an association, participate with an unlimited corporation. An unlimited corporation means a corporation whose members have no limit placed on their liability. The council participates with an association or unlimited corporation if the council— (a) (b) (c) (d) forms, or takes part in forming, an association or unlimited corporation; or becomes a member of an association or unlimited corporation; or takes part in the management of an association or unlimited corporation; or acquires or disposes of shares, debentures or securities of an association or unlimited corporation. 43 Register of beneficial enterprises (1) The council must establish a register that includes a record, for each beneficial enterprise that it conducts, of— (a) (b) particulars of the purpose to be achieved by conducting the beneficial enterprise; and the identity of any entity with which the council has conducted a beneficial enterprise; and Page 43 CoO WAID UNH WN Com NAD UF WN KO Nw re oO NN Wh 26 28 30 City of Brisbane Bill 2010 Chapter 3 The business of the council Part 3 Beneficial enterprises and business activities [s 44] Page 44 (2) (3) (c) the amount of money, or the market value of property, that the council has committed to a beneficial enterprise, as at the date that the property was committed. The council must ensure the public may view the register at its public office or on its website. The council must give the department's chief executive and the auditor-general written notice of-— (a) the establishment of the register as soon as practicable after it is established; and (b) the making of each entry in the register as soon as practicable after the entry is made. Planning for a beneficial enterprise with the private sector d) (2) (3) (4) (5) (6) This section applies if the council plans to invest in a beneficial enterprise that is to be conducted with the private sector. The council must identify the amount that is to be invested, as a capital expenditure, in the council's budget. If the council does not commit that amount to the beneficial enterprise in the financial year of that budget, the amount may be carried forward to the next financial year for the beneficial enterprise. Any amount that is carried forward must be held in a reserve established by the council in the council's operating fund, until the amount is lawfully applied. A regulation may prescribe the maximum number of years that an amount can be carried forward. The council must get the approval of the department's chief executive before the council may— (a) invest in a beneficial enterprise when the council has not identified the amount of the investment as a capital expenditure in its budget; or COM ND NH WNK 7) (8) City of Brisbane Bill 2010 Chapter 3 The business of the council Part 3 Beneficial enterprises and business activities [s 45] (b) invest in a beneficial enterprise an amount prescribed under a regulation. If the department's chief executive does not give the council written notice of his or her decision about the approval, within 30 days after the approval is sought, the department's chief executive is taken to have refused the approval on the 31st day after the approval was sought. If the council fails to comply with this section, the department's chief executive may— (a) publish notice of the failure in a newspaper that is circulating generally in Brisbane; or (b) direct the council to publish notice of the failure on the council's website. Division 2 Business reform, including competitive neutrality What this division is about d) (2) (3) (4) This division is about the application of the National Competition Policy Agreements in relation to the significant business activities of the council. This includes the application of the competitive neutrality principle if, in the circumstances, the public benefit (in terms of service quality and cost) outweighs the costs of implementation. Under the competitive neutrality principle, an entity that is conducting a business activity in competition with the private sector should not enjoy a net advantage over competitors only because the entity is in the public sector. A significant business activity is a business activity of the council that— Page 45 COM ADNHPW NR WN Fo n Oonmrn a 222527 29 City of Brisbane Bill 2010 Chapter 3 The business of the council Part 3 Beneficial enterprises and business activities [s 46] Page 46 (5) (a) is conducted in competition, or potential competition, with the private sector (including off-street parking, quarries, sporting facilities, for example); and (b) meets the threshold prescribed under a regulation. However, a significant business activity does not include a business activity that is— (a) a building certifying activity; or (b) aroads activity; or (c) related to the provision of library services. Note— A building certifying activity or roads activity is dealt with under section 49. Ways to apply the competitive neutrality principle d) (2) (3) (4) (5) The competitive neutrality principle may be applied by— (a) commercialisation of a significant business activity; or (b) corporatisation of a significant business activity; or (c) full cost pricing of a significant business activity. Commercialisation involves creating a new business unit, that is part of the council, to conduct the significant business activity on a commercial basis. Corporatisation involves creating a new corporate entity, that is not part of the council but is directly or indirectly owned by the council, to conduct the significant business activity on a commercial basis. Full cost pricing involves pricing the significant business activity on a commercial basis, but without creating a new business unit or new corporate entity. A regulation may provide for— (a) matters relating to corporatisation, commercialisation or full cost pricing; or Co mWmN DN FSF WNeK Noe om rN NHN FW 232630 City of Brisbane Bill 2010 Chapter 3 The business of the council Part 3 Beneficial enterprises and business activities [s 47] (b) any other matter relating to the application of the competitive neutrality principle to the significant business activities of the council. 47 Identifying significant business activities The council's annual report for each financial year must— (a) contain a list of all the business activities that the council conducted during the financial year; and (b) identify the business activities that are significant business activities; and (c) state whether or not the competitive neutrality principle was applied to the significant business activities, and if the principle was not applied, the reason why it was not applied; and (d) state whether any of the significant business activities were not conducted in the preceding financial year, i.e. whether there are any new significant business activities. 48 Assessing public benefit d) (2) (3) (4) This section applies to a new significant business activity that is identified in the annual report of the council. The council must conduct a public benefit assessment of the new significant business activity. A public benefit assessment is an assessment of whether the benefit to the public (in terms of service quality and cost) of applying the competitive neutrality principle in relation to a significant business activity outweighs the costs of applying the competitive neutrality principle. The council must conduct the public benefit assessment before the end of the financial year in which the significant business activity is first identified in the annual report. Page 47 WNrR Com AD Nn F ADNBR WNrY CO 22 242629 City of Brisbane Bill 2010 Chapter 3 The business of the council Part 3 Beneficial enterprises and business activities [s 49] (5) (6) 7) (8) (9) (10) Page 48 The council must prepare a report on the public benefit assessment that contains its recommendations about the application of the competitive neutrality principle in relation to the significant business activity. At a meeting of the council, the council must— (a) consider the report; and (b) decide, by resolution, whether or not to apply the competitive neutrality principle in relation to the significant business activity. Any resolution that the competitive neutrality principle should not be applied must include a statement of the reasons why it should not be applied. The council must give the Minister a copy of— (a) the report; and (b) all resolutions made in relation to the report. If the council decides not to apply the competitive neutrality principle in relation to the significant business activity, the council must, within 3 years after making the decision, repeat the process in this section. Subsection (9) also applies to a decision that was made before the commencement of this section. Code of competitive conduct d) (2) (3) This section is about the code of competitive conduct. The code of competitive conduct is the code of competitive conduct prescribed under a regulation under the Local Government Act. The council must apply the code of competitive conduct to the conduct of the following business activities of the council— (a) a building certifying activity; CAN DN FPWNKE Po OMDMND WN FW NRK O Nw NON WN NNN oe NN on N \o (4) (5) (6) 7) (8) (9) City of Brisbane Bill 2010 Chapter 3 The business of the council Part 3 Beneficial enterprises and business activities [s 49] (b) a roads activity, other than a roads activity for which business is conducted only through a sole supplier arrangement. A building certifying activity is a business activity that— (a) involves performing building certifying functions (within the meaning of the Building Act, section 8); and (b) _ is prescribed under a regulation. A roads activity is a business activity (other than a business activity prescribed under a regulation) that involves— (a) constructing or maintaining a State-controlled road, that the State put out to competitive tender; or (b) submitting a competitive tender in relation to— (i) constructing or maintaining a road in Brisbane, that the council put out to competitive tender; or (ii) constructing or maintaining a road in another local government area, that the other local government put out to competitive tender. The council must start to apply the code of competitive conduct— (a) for a building certifying activity—from the start of the financial year after the financial year in which the building certifying activity is first conducted; or (b) for a roads activity—from when the roads activity is first conducted. The council must decide each financial year, by resolution, whether or not to apply the code of competitive conduct to a business activity prescribed under a regulation. If the council decides not to apply the code of competitive conduct to the business activity, the resolution must state reasons for not doing so. Subsection (7) does not prevent the council from applying the code of competitive conduct to any other business activities. Page 49 om NA DN FF WNK Com ADDN FW NY KO NW Wh NRO NN BW NWYN ADM wYyn aeNome.<) W WW Noe City of Brisbane Bill 2010 Chapter 3 The business of the council Part 3 Beneficial enterprises and business activities [s 50] Page 50 Competitive neutrality complaints d) (2) (3) (4) (5) The council must adopt a process for resolving competitive neutrality complaints. A competitive neutrality complaint is a complaint that— (a) relates to the failure of the council to conduct a business activity in accordance with the competitive neutrality principle; and (b) is made by an affected person. An affected person is— (a) aperson who— (i) competes with the council in relation to the business activity; and (ii) claims to be adversely affected by a competitive advantage that the person alleges is enjoyed by the council; or (b) a person who— (i) wants to compete with the council in relation to the business activity; and (i) claims to be hindered from doing so by a competitive advantage that the person alleges is enjoyed by the council. A regulation may provide for the process for resolving competitive neutrality complaints. The council does not have to resolve a competitive neutrality complaint relating to a business activity prescribed under a regulation. Co OW ANIDN FS WN OCrNI ND NEW NF CO Nw ro) NN Wh NNN oe City of Brisbane Bill 2010 Chapter 3 The business of the council Part 3 Beneficial enterprises and business activities [s 51] Division 3 Responsibilities and liabilities of employees of corporate entities Director's duty to disclose interest in a matter d) (2) (3) (4) (5) This section applies if a director on the board of directors of a corporate entity has a direct or indirect interest in a matter that is being considered, or about to be considered, by the board of directors. The director must immediately disclose the nature of the interest to a meeting of the board of directors. Maximum penalty—200 penalty units. The disclosure must be recorded in the minutes of the meeting of the board of directors. If the director's interest is a material personal interest, the director must not— (a) vote on the matter; or (b) vote on a proposed resolution under subsection (5) in relation to the matter (a related resolution), whether in relation to the director or another director; or (c) be present while the matter, or a related resolution, is being considered by the board of directors; or (d) otherwise take part in any decision of the board of directors in relation to the matter or a related resolution. Maximum penalty—100 penalty units. Subsection (4) does not apply to a matter if the board of directors has, at any time, passed a resolution that— (a) states the director, the interest and the matter; and (b) states that the directors voting for the resolution are satisfied that the interest should not disqualify the director from considering or voting on the matter. Page 51 Om IADNH W NY SCO OND NUN BPW NK CO NW NOR N w Nw ns N fom Nwuny own City of Brisbane Bill 2010 Chapter 3 The business of the council Part 3 Beneficial enterprises and business activities [s 52] Page 52 (6) 7) There is a quorum at the meeting only if there are at least 2 directors present who are entitled to vote on any motion that may be moved in relation to the matter. If there is no quorum, the corporate entity's shareholder may deal with the matter by signing a consent to a proposed resolution. Obligations of a corporate entity's employees d) (2) (3) (4) This section applies to an employee of a corporate entity in the exercise of the powers, or discharge of the responsibilities, of an employee of the corporate entity. The employee must exercise the degree of care and diligence that a reasonable person in a like position in another corporate entity would exercise in the circumstances. Maximum penalty—100 penalty units. When deciding the degree of care and diligence that a reasonable person in a like position in another corporate entity would exercise in the circumstances, regard must be had to— (a) all relevant matters, including for example— (i) the corporate entity's obligations; and (ii) any directions or approvals given to the corporate entity by its shareholder; and (b) any matter prescribed under a regulation. This section— (a) applies in addition to, and does not limit, any rule of law relating to the duty or liability of a person because of the person's office in the corporate entity; and (b) does not prevent civil proceedings being started for a breach of the duty or liability. Dunk WnNr ~ \o eCrAINDNDMN FF WNrY CO \o Nw ro NN WwW N NNN oe NN on City of Brisbane Bill 2010 Chapter 3 The business of the council Part 3 Beneficial enterprises and business activities [s 53] Corporate entity must not insure against certain liabilities of employees (1) A corporate entity must not— (a) enter into a liability insurance contract; or (b) _ pay, or agree to pay, a premium in relation to a liability insurance contract. (2) A liability insurance contract is a contract to insure an employee of a corporate entity against any liability that arises out of a wilful breach of duty in relation to the corporate entity (including a contravention of section 52, for example). (3) However, a liability insurance contract does not include a contract to insure an employee of a corporate entity against any costs and expenses that the employee incurs in defending proceedings for a wilful breach of duty in relation to the corporate entity. (4) Pay a premium includes pay a premium indirectly through 1 or more interposed entities. (5) An employee of a corporate entity includes a person who was an employee of a corporate entity. (6) Any liability insurance contract that the corporate entity enters into is void. When a corporate entity is not to indemnify employees (1) This section applies to a person who is or was an employee of a corporate entity. (2) The corporate entity must not exempt the person from a liability incurred as an employee. (3) However, with the prior approval of the corporate entity's shareholder, the corporate entity may indemnify the person against— (a) acivil liability, other than a civil liability— (i) _ to the corporate entity or its subsidiary; or Page 53 OMAN AUN FW NK COMA NAD NARWNF CO Nw ro 24 26 2831 City of Brisbane Bill 2010 Chapter 3 The business of the council Part 3 Beneficial enterprises and business activities [s 55] Page 54 (4) (5) (ii) that arises out of conduct involving a lack of good faith; or (b) any costs and expenses incurred by the person— (i) in successfully defending proceedings for the liability; or (ii) in connection with an application in relation to a proceeding in which relief is granted to the person by a court. Indemnify includes indemnify indirectly through 1 or more interposed entities. A contract is void so far as it exempts or indemnifies an employee of a corporate entity in contravention of this section. Prohibition on loans to directors d) (2) (3) A corporate entity must not, either directly or indirectly, make or guarantee a loan to— (a) adirector; or (b) a director's spouse; or (c) arelative of a director or a director's spouse; unless the agreement for the loan or guarantee is entered into on the same terms as similar agreements are entered into by the corporate entity with members of the public. Guarantee a loan includes provide a security in connection with the loan. A director of the corporate entity who knowingly agrees to the loan or guarantee by the corporate entity in contravention of this section (whether or not in relation to the director) commits an offence. Maximum penalty for subsection (3)—100 penalty units. C0 AND NH W NE WNr Oo ony aN 22 24 2628 City of Brisbane Bill 2010 Chapter 3 The business of the council Part 3 Beneficial enterprises and business activities [s 56] 56 Duty to prevent insolvent trading d) (2) (3) This section applies if— (a) immediately before a corporate entity incurs a debt, there are reasonable grounds to suspect— (i) _ that the corporate entity will not be able to pay all its debts as and when they become payable; or (ii) that, if the corporate entity incurs the debt, it will not be able to pay all its debts as and when they become payable; and (b) _ the corporate entity is, or later becomes, unable to pay all its debts as and when they become payable. The following persons commit an offence— (a) aperson who is a director of the corporate entity's board of directors when the debt is incurred; (b) a person who takes part in the corporate entity's management when the debt is incurred. Maximum penalty—100 penalty units or 1 year's imprisonment. However, it is a defence for the person to prove— (a) _ that the debt was incurred without the person's express or implied consent; or (b) that, when the debt was incurred, the person did not have reasonable cause to suspect— (i) _ that the corporate entity would not be able to pay all its debts as and when they became payable; or (ii) that, if the corporate entity incurred the debt, it would not be able to pay all its debts as and when they became payable; or (c) that the person took all reasonable steps to prevent the corporate entity from incurring the debt; or Page 55 CAN DAN FW NY erN nN FW NY FO \o Nw ro NN Wh Nw ns NNW ona wWhd ow City of Brisbane Bill 2010 Chapter 3 The business of the council Part 3 Beneficial enterprises and business activities [s 57] Page 56 (4) (5) (6) (d) for a director—that the person did not take part in the corporate entity's management at the time because of illness or another good reason. If the person is found guilty of the offence, the Supreme Court or District Court may declare that the person is personally liable to pay a part of the corporate entity's debts that the court considers appropriate in the circumstances. Subsection (4)— (a) applies in addition to, and does not limit, any rule of law about the duty or liability of a person because of the person's office in the corporate entity; and (b) does not prevent proceedings being instituted for a breach of the duty or liability. However, subsection (4) does not affect any rights of a person to indemnity, subrogation or contribution. Order for examination of persons concerned with corporate entities d) (2) (3) This section applies if the council or the Attorney-General believes, on reasonable grounds, that— (a) a person may be able to give information about a corporate entity's management, administration or affairs; or (b) a person who has been concerned, or taken part, in a corporate entity's management, administration or affairs has been, or may have been, guilty of fraud or malpractice in relation to the corporate entity. Malpractice includes negligence, default, breach of trust or breach of duty. The council or Attorney-General may apply to the Supreme Court or District Court for an order for the person to be examined by the court about the corporate entity's management, administration or affairs. Co WMWADNAH WNK nak WN KF © owo NO 22 2426 28 3032 (4) (5) (6) 7) (8) (9) City of Brisbane Bill 2010 Chapter 3 The business of the council Part 3 Beneficial enterprises and business activities [s 58] If the council makes an application, the council must advise the Attorney-General. If the Attorney-General makes an application, the Attorney-General must advise the council. If the court is satisfied that it is reasonable and appropriate for the person to be examined, the court may order the person to attend before the court at a time and place fixed by the court for examination. The person must— (a) attend as required by the order, unless the person has a reasonable excuse; and (b) continue to attend until excused by the court, unless the person has a reasonable excuse. Maximum penalty—200 penalty units or 2 _ years imprisonment. The examination must be held in public, unless the court considers it is desirable to hold the examination in private because of special circumstances. The court may give directions about— (a) _ the matters to be inquired into at the examination; and (b) the procedures to be followed at the examination (including the persons who may be at the examination if the examination is to be held in private, for example). 58 Examination of persons concerned with corporate entities d) (2) This section applies to a person who has been ordered, under section 57, to attend an examination. The person must not fail to take an oath or make an affirmation at the examination. Maximum penalty—200 penalty units or 2 _ years imprisonment. Page 57 C0 OANDN FW NK C0 AND NP WN KO NX So NNW WNre 25 27 29 31 City of Brisbane Bill 2010 Chapter 3 The business of the council Part 3 Beneficial enterprises and business activities [s 58] Page 58 (3) (4) (5) (6) 7) (8) (9) The person must answer any question that the person is directed by the court to answer. Maximum penalty—200 penalty units or 2 _ years imprisonment. The person is not excused from answering a question because the answer might tend to incriminate the person or make the person liable to a penalty. However, if the answer might in fact tend to incriminate the person or make the person liable to a penalty, the person's answer is not admissible in evidence against the person in proceedings for an offence or the imposition of a penalty, other than proceedings for an offence— (a) against this section; or (b) in relation to the falsity of the person's answer. The person must not knowingly make a statement at the examination that is false or misleading in a material particular. Maximum penalty—SO0O penalty units or 5 _ years imprisonment. The court may— (a) require the questions put to the person, and the answers given by the person, at the examination to be recorded in writing; and (b) require the person to sign the record. Subject to subsection (5), a written record of the examination that is signed by the person, or a transcript of the examination that is authenticated by the examiner's signature, may be used in evidence in proceedings against the person. The person may be directed by the court (whether in the order or by a subsequent direction) to produce a document in the person's possession, or under the person's control, that is relevant to the matters about which the person is to be, or is being, examined. Om NDN PW NE Com ADM FW NRK OO NX So NNW WNre N BG NNYW warnan WWwWwWwhd WNrR Oo (10) d1) (12) (13) (14) City of Brisbane Bill 2010 Chapter 3 The business of the council Part 3 Beneficial enterprises and business activities [s 59] The person must not contravene the direction, unless the person has a reasonable excuse. Maximum penalty—200 penalty units or 2 _ years imprisonment. If the court directs the person to produce a document and the person has a lien on the document, the production of the document does not prejudice the lien. The person may, at the person's own expense, employ a lawyer, and the lawyer may put to the person questions that the court considers are just to enable the person to explain or qualify any answers given by the person. The court may adjourn the examination from time to time. The court may order the whole or any part of the costs that are incurred by the person to be paid by— (a) if the application was made by _ the Attorney-General—the State; or (b) _ if the application was made by the council—the council. 59 Relief from liability for malpractice d) (2) (3) An employee of a corporate entity may apply to the Supreme Court or District Court for relief against any claim made against the employee for malpractice in relation to the corporate entity. Malpractice includes negligence, default, breach of trust or breach of duty, but does not include fraud. If the court considers— (a) that the employee has, or may have, been guilty of the malpractice; but (b) that the employee— (i) acted honestly; and (ii) should be excused for the malpractice, having regard to all the circumstances (including Page 59 Com IDM PW NE NAN BW NY FO 2124 27 29 31 City of Brisbane Bill 2010 Chapter 3 The business of the council Part 3 Beneficial enterprises and business activities [s 60] Page 60 (4) (5) circumstances connected with the employee's appointment); the court may relieve the employee (in whole or part) from liability for the malpractice, on the terms that the court considers appropriate. If the court makes this decision in proceedings that are being tried with a jury, the court may— (a) withdraw the case (in whole or part) from the jury; and (b) direct that judgment be entered for the employee on the terms (as to costs or otherwise) that the court considers appropriate. The court may make an order under this section even if proceedings have not yet been brought against the employee for malpractice. False or misleading information d) (2) This section applies to an employee of a corporate entity in the exercise of the powers, and the discharge of the responsibilities, of an employee of the corporate entity. An employee of a corporate entity commits an offence if the employee gives information (either orally or in a document) about the corporate entity's affairs, that the employee knows is false or misleading in a material particular, to any of the following persons— (a) another employee of the corporate entity; (b) _ the corporate entity's shareholder; (c) the council; (d) acouncillor of the council. Maximum penalty— (a) if the offence was committed with an intent to defraud—S00 penalty units or 5 years imprisonment; or (b) otherwise—100 penalty units. Co WAND NPW NK BRWN FO NX CSCO OND MN 22252730 (3) City of Brisbane Bill 2010 Chapter 3 The business of the council Part 3 Beneficial enterprises and business activities [s 61] However, the employee does not commit an offence in relation to information in a document if, when the employee gives the document to the other person— (a) the employee tells the other person that the document is false or misleading, and in what respect the document is false or misleading; and (b) if the employee has, or can reasonably obtain, the correct information—the employee gives the other person the correct information. Application of other Acts to a corporate entity d) (2) (3) (4) (5) A corporate entity is a unit of public administration under the Crime and Misconduct Act. A corporate entity is a statutory body under the Statutory Bodies Financial Arrangements Act, and part 2B of that Act explains how that Act affects a corporate entity's powers. The provisions of the Auditor-General Act 2009 that apply to the council as a local government also apply to a corporate entity, with any necessary changes, as if— (a) areference to a controlled entity were a reference to the corporate entity; and (b) areference to the appropriate Minister were a reference to the council. The Judicial Review Act 1991 does not apply to a decision of a corporate entity made in carrying out its— (a) commercial activities; or (b) community service obligations. The Ombudsman Act 2001 does not apply to— (a) the making of a recommendation to the shareholder of a corporate entity; or (b) a decision about a corporate entity's commercial policy; or Page 61 COmANI DANK WNKR CAD NASW NK CO iS) ow NW Noe NN BW NY we WN NnW NW Nemec) Ww ro City of Brisbane Bill 2010 Chapter 3 The business of the council Part 4 Roads and other infrastructure [s 62] (c) Part 4 Division 1 a corporate entity for its activities carried on, on a commercial basis, in competition with a person. Roads and other infrastructure Roads 62 What this division is about (1) This division is about roads. (2) Aroad is— (3) (a) (b) (c) (d) an area of land that is dedicated to public use as a road; or an area of land that— (i) is developed for, or has as 1 of its main uses, the driving or riding of motor vehicles; and (ii) is open to, or used by, the public; or a footpath or bicycle path; or a bridge, culvert, ferry, ford, punt, tunnel or viaduct. However, a road does not include— (a) (b) (c) a State-controlled road; or a road, or that part of a road, within an airport site under the Airports Act 1996 (Cwlth); or a public thoroughfare easement. 63 Control of roads (1) The council has control of all roads in Brisbane. (2) This control includes being able to— Page 62 omArninn om NADU FW NF CO NX So 22 (a) (b) (c) (d) (e) (f) (g) (h) City of Brisbane Bill 2010 Chapter 3 The business of the council Part 4 Roads and other infrastructure [s 64] survey and resurvey roads; and construct, maintain and improve roads; and approve the naming and numbering of private roads; and name and number other roads; and make a local law to regulate the use of roads, including— (i) the movement of traffic on roads, subject to the Transport Operations (Road Use Management) Act 1995; and (ii) the parking of vehicles on roads, subject to the Transport Operations (Road Use Management) Act 1995 (including the maximum time that a vehicle may be parked in a designated rest area that adjoins a road, for example); and (iii) by imposing obligations on the owner of land that adjoins a road (including an obligation to fence the land to prevent animals going on the road, for example); and make a local law to regulate the construction, maintenance and use of— (i) _ public utilities along, in, over or under roads; and Gi) ancillary works and encroachments along, in, over or under roads; and realign a road in order to widen the road; and acquire land for use as a road. 64 Notice of intention to acquire land to widen a road (1) If the council wants to acquire land in order to widen a road, the council must give the owner of the land a notice of intention to acquire land. (2) A notice of intention to acquire land informs the owner in general terms of this section and section 65. Page 63 COMI AUN FF WN SCO OAINIDN HPWNrF CO NY WY — NN WN NY N nn & 2831 City of Brisbane Bill 2010 Chapter 3 The business of the council Part 4 Roads and other infrastructure [s 65] Page 64 (3) However, the council can not, without the consent of the Planning and Environment Court, serve notice of intention to acquire land on an owner of land after the owner has applied to the court— (a) for approval to subdivide the land; or (b) for approval, consent or permission— (i) to erect or use a structure on the land; or (ii) to use the land for any other purpose. (4) The court may consent to the notice of intention to acquire land being served only if the court is satisfied that the purpose of the notice is to enable the council to make, in good faith, a reasonable widening of the road. (5) After the council gives an owner a notice of intention to acquire land, the owner must not erect, place, re-erect, replace or repair any structure, or part of a structure, on the land without the council's permission. (6) The council must lodge a copy of a notice of intention to acquire land with the registrar of titles for registration on the instrument of title to the land. (7) The registrar of titles may register the notice of intention to acquire land even if the instrument of title is not produced. Compensation for a notice of intention to acquire land (1) This section applies to a person who is served with a notice of intention to acquire land, if the person would be entitled to claim compensation for the acquisition of land. (2) The person is entitled to compensation from the council for injurious affection to the person's interest in the land because of the notice of intention to acquire land. (3) However, the compensation is not payable until— (a) the land is sold for the first time after the notice of intention to acquire land was served; or CAN DANHKW NYKO Nw re Oo 242731 (4) (5) (6) 7) City of Brisbane Bill 2010 Chapter 3 The business of the council Part 4 Roads and other infrastructure [s 65] (b) after being served with the notice of intention to acquire land, the owner of the land offers the land for sale in good faith, but can not sell the land for a fair and reasonable price. The compensation must be assessed in accordance with the following principles— (a) the amount of compensation must represent the difference between— (i) the market value of the interest in the land immediately after service of the notice of intention to acquire land; and (ii) what would be the market value of the interest in the land, at that time, if the notice had not been served; (b) any benefit that may accrue, because of the realignment of the road, to land adjacent to the land that is affected by the realignment of the road, and in which the claimant has an interest, must be taken into account; (c) the amount of compensation must not be increased because the land that is affected by the realignment of the road has, since the service of the notice of intention to acquire land, become or ceased to be separate from other land. A claim for compensation must be made— (a) within 3 years after the entitlement to compensation arose; and (b) _ to the chief executive officer in the approved form. The claim is taken to have been properly made when the claimant has given the council all the information that the council reasonably requires to decide the claim. If, within 30 days after the claim is made, the council has not given the claimant written notice of its decision on the claim, the council is taken to have refused compensation on the 31st day after the claim is made. Page 65 0 ON DN FWNe NX CO OMADMN FWN KO NNW WNre N BG NN nun N ~ wWNN Cow ow WWW WwW BRWNR City of Brisbane Bill 2010 Chapter 3 The business of the council Part 4 Roads and other infrastructure [s 66] Page 66 Appeal on a claim for compensation d) (2) (3) A person who is aggrieved by the decision of the council on a claim for compensation may appeal against the decision to the Planning and Environment Court. The appeal must be started within 30 days after— (a) notice of the decision is given to the claimant; or (b) the decision is taken to have been made. In order to award compensation, the Planning and Environment Court must be satisfied — (a) if the land has been sold— (i) the seller took reasonable steps to obtain a reasonable price for the land; and (ii) the seller sold the land in good faith; and (iii) the sale price is less than the seller might reasonably have expected to receive had there been no notice of intention to acquire land; or (b) if the council refused the owner permission to erect, place, re-erect, replace or repair any structure, or part of a structure, on the land—the permission was applied for in good faith. Acquisition of land instead of compensation d) (2) After a notice of intention to acquire land is served, but before the land is sold, the council may acquire the land instead of paying compensation for injurious affection. If, after a notice of intention to acquire land is served, the land is cleared of all structures— (a) the council may acquire the land; and (b) if required by the owner of the land, the council must acquire the land. Com ANA DN FPWHY SCOmMINI ANH W NF CO NX 2326 29 (3) (4) City of Brisbane Bill 2010 Chapter 3 The business of the council Part 4 Roads and other infrastructure [s 68] The acquired land must be dedicated for public use as a road within 3 months after its acquisition. Compensation for the acquisition of the land, if not agreed between the parties, must be assessed as at the date of the acquisition. What is to happen if a realignment is not carried out d) (2) (3) (4) (5) This section applies if the council decides not to proceed with the realignment of a road or part of a road after giving a notice of intention to acquire land. This section does not apply to a realignment of road that is necessary to comply with the requirements of the council under a planning scheme in its application to particular developments in Brisbane. The council must serve notice of its decision not to proceed on all owners of land who were served with a notice of intention to acquire land in connection with that road or part of that road. With regard to any of the notices of intention to acquire land that were lodged with the registrar of titles in connection with that road or part of that road, the council must— (a) for any notice of intention to acquire land that has not been registered—withdraw the notice of intention to acquire land; and (b) for any notice of intention to acquire land that has been registered—lodge with the registrar of titles for registration a notice of its decision not to proceed with the realignment of the road, or part of the road. The notice of the council's decision must inform the owners in general terms of this section and section 69. Compensation if realignment not carried out d) This section applies if— Page 67 ABW NF oan a SOM ADUNAH WNFK CO NX NNW WNre NNNWN ADM NW Nemec) 31 City of Brisbane Bill 2010 Chapter 3 The business of the council Part 4 Roads and other infrastructure [s 70] Page 68 (2) (3) (4) (5) (6) (a) the council decides not to proceed with the realignment of a road or part of a road after giving a notice of intention to acquire land; and (b) the council has made structural improvements on land that adjoins the road on the basis of the proposed realignment being effected. The council must pay the owner of the land reasonable compensation for the decrease in value of the land because of the decision. The amount of compensation is the difference between the value of the land before and after the decision. If the council and the owner fail to agree on the amount of compensation, the amount is to be decided by the Land Court. The provisions of the Acquisition of Land Act 1967 about the making, hearing and deciding of claims for compensation for land taken under that Act apply, with any necessary changes and any changes prescribed under a regulation, to claims for compensation under this section. The council's decision not to proceed with the realignment of a road, or part of a road, does not give rise to an entitlement to compensation to, or a cause of action by, any owner or occupier of land or other person other than under this section. Acquiring land for use as a footpath d) (2) The council may acquire land that adjoins a road for use as a footpath. The acquisition of land may be subject to a reservation, in favour of the owner of the land, of any of the following rights that the council decides (at or before the acquisition) is appropriate— (a) aright to the ownership, possession, occupation and use of any existing structure, room or cellar— (i) at a specified height above the level of the new footpath; or COMI DANK WNKR NX CO OADNAH WN KO NW NOR 25 2729 31 33 City of Brisbane Bill 2010 Chapter 3 The business of the council Part 4 Roads and other infrastructure [s 71] (ii) at a specified depth below the level of the new footpath; (b) aright— (i) to erect a structure (in accordance with law) at a specified height above the new footpath; and (ii) to the ownership, possession, occupation and use of the structure; (c) aright of support for a structure mentioned in paragraph (a) or (b). (3) The right mentioned in subsection (2)(a) is subject to the council's right to enter, and make structural alterations to, the structure, room or cellar that the council considers necessary. Notice to the council of opening or closing of roads (1) This section applies if an application is made under the Land Act for the opening or closing of a road in Brisbane by someone other than the council. (2) The Land Act Minister, or the applicant for the application, must give written notice of the application to the council. (3) The Land Act Minister is the Minister administering the Land Act. (4) The notice must specify a date (no earlier than 1 month or later than 2 months after the council is given the notice) on or before which the council may object to the opening or closing of the road. (5) An objection must fully state the reasons for the objection. (6) The Land Act Minister must have regard to any objections properly made by the council. (7) If the Land Act Minister decides the road should be opened or closed, the Land Act Minister must give written notice to the council— (a) of the decision; and Page 69 COA ND NH Ww NE City of Brisbane Bill 2010 Chapter 3 The business of the council Part 4 Roads and other infrastructure [s 72] (b) _ if the decision is contrary to the council's objection, the reasons for the decision. 72 Closing roads d) (2) (3) (4) (5) The council may close a road (permanently or temporarily) to traffic or particular traffic, if there is another road or route reasonably available for use by the traffic. Also, the council may close a road to traffic— (a) during a temporary obstruction to traffic; or (b) _ if it is in the interests of public safety; or (c) if it is necessary or desirable to close the road for a temporary purpose (including a fair, for example). The council must publish notice of the closing of the road, in the way that the council considers appropriate (including on its website, for example). The council may do everything necessary to stop traffic using the road after it is closed. If a road is closed to traffic for a temporary purpose, the council may permit the use of any part of the road (including for the erection of any structure, for example) on the conditions the council considers appropriate. 73 Temporary roads d) (2) Page 70 This section applies if— (a) the council wants to remake or repair a road; and (b) it is not reasonably practicable to temporarily close the road to traffic while the road works are conducted. The council may make a temporary road, through land that adjoins the road, to be used while the road is being remade or repaired. NOR Co mMOmN ANB W COMI AN PWN KO NX 23 25 27 (3) (4) (5) (6) 7) (8) City of Brisbane Bill 2010 Chapter 3 The business of the council Part 4 Roads and other infrastructure [s 73] However, a council employee or contractor may enter the land only if— (a) the owner or occupier of the land has agreed, in writing that the council employee or contractor may enter the land; or (b) the council has given the owner or occupier of the land at least 3 days written notice that states— (i) the nature of the road works that are to be conducted; and (ii) the proposed route of the temporary road; and (iii) an approximate period when the temporary road is expected to remain on the land. Subsection (3) does not apply if the road works must be urgently conducted, but the council must give the owner or occupier of the land oral notice of the matters mentioned in subsection (3)(b). The owner of the land may give the chief executive officer a written notice that claims compensation for physical damage caused by the council entering, occupying or using the land under this section. Compensation is not payable unless the chief executive officer receives the claim— (a) within 1 year after the occupation or use has ended; or (b) at a later time allowed by the chief executive officer. The compensation equals— (a) the amount agreed between the person and the council; or (b) if the person and the council can not agree, the amount that is decided by a court. However, the compensation must not be more than the compensation that would have been awarded if the land had been acquired. Page 71 COPA ND NHPW NK NY SOmMmNI ANHPW NK CO NW Noe NY we N nan B&B w Nw Nw Nee') WW Ww NRO City of Brisbane Bill 2010 Chapter 3 The business of the council Part 4 Roads and other infrastructure [s 74] 74 The Brisbane River (1) This section is about roads that are over, under, on or in the Brisbane River (river crossings). (2) For this section, the Brisbane River is any part of the Brisbane River that is not within the local government area of another local government. (3) The council may— (a) survey and resurvey river crossings; and (b) construct, maintain and improve river crossings; and (c) name and number river crossings. (4) Subject to any restrictions prescribed under a regulation— (a) local laws apply to a river crossing as if all of the crossing were within Brisbane; and (b) all a river crossing is taken, for the purpose of any Act, to be a road within Brisbane. 75 Road levels (1) The owner or occupier of land that adjoins a road may give written notice to the council requiring it to advise the owner or occupier of the permanent level that is fixed or to be fixed for Co WAN ANH WHY nak WN - © Page 72 the road. (2) If the council has not, within 6 months after receiving the notice, given the owner or occupier written advice about the permanent level of the road, the council is taken to have fixed the apparent level of the road when the notice was given as the permanent level of the road. (3) TR (a) after the council has fixed the permanent level of a road, the council changes the level of the road; and (b) the owner or occupier of land that adjoins the road is injuriously affected by the change; NX COMN DD 222428 30 (4) City of Brisbane Bill 2010 Chapter 3 The business of the council Part 4 Roads and other infrastructure [s 76] the council must pay the owner or occupier, or their successor in title, compensation. The compensation equals— (a) the amount that is agreed between the owner or occupier, or their successor in title, and the council; or (b) if the owner or occupier, or their successor in title, and the council can not agree—the amount that is decided by the Planning and Environment Court. 76 Assessment of impacts on roads from certain activities d) (2) (3) This section applies if— (a) aregulation prescribes an activity for this section; and (b) _ the council considers that the conduct of the activity is having, or will have, a significant adverse impact on a road in Brisbane; and (c) _ the activity is not for— (i) a significant project under the State Development and Public Works Organisation Act 1971; or (ii) development declared under the council's planning scheme to be assessable development or development requiring compliance assessment for which the council is the compliance assessor under the Planning Act; or (iii) a road being built under the Land Act, section 110. The council may require the entity that is conducting the activity to provide information, within a reasonable time, that will enable the council to assess the impact of the activity on the road. After assessing the impact of the activity on the road, the council may decide to do 1 or more of the following— (a) give the entity a direction about the use of the road to lessen the impact; Page 73 AAD NHR WW NK \o NX COA AND NU PWN KF CO NW Noe N w NNNW AUDWNA NW Nemec) Ww ro City of Brisbane Bill 2010 Chapter 3 The business of the council Part 4 Roads and other infrastructure [s 77] (4) (5) (6) (b) require the entity— (i) to carry out works to lessen the impact; or (ii) to pay an amount as compensation for the impact. The council may require the works to be carried out or the amount to be paid before the impact commences or intensifies. The amount of compensation is a debt payable to the council and may be recovered in a court. A regulation for this section— (a) must contain a process under which the council's decision may be reviewed; and (b) may contain a process for enforcing the decision. 77 Categorisation of roads The council must categorise the roads in Brisbane according to the surface of the road. 78 Roads map and register d) (2) (3) Page 74 The council must prepare and keep up-to-date— (a) a map of every road, including private roads, in Brisbane; and (b) a register of the roads that shows— (i) the category of every road; and (ii) the level of every road that has a fixed level; and (iii) other particulars prescribed under a regulation. The register of roads may also show other particulars that the council considers appropriate. The council must ensure the public may view the map and register at its public office or on its website. © ON ANH WN nas on AN OD 2123 25 27 (4) City of Brisbane Bill 2010 Chapter 3 The business of the council Part 4 Roads and other infrastructure [s 79] On application and payment of a reasonable fee fixed under a resolution or local law, a person may obtain— (a) acopy of a map or register of roads; or (b) acertificate signed by an employee of the council who is authorised for the purpose— (i) about the category, alignment and levels of roads in Brisbane; or (ii) about the fact that the alignment or level of a road in Brisbane has not been fixed. 79 Unauthorised works on roads d) (2) (3) (4) (5) (6) This section applies to a road in Brisbane. A person must not, without lawful excuse (including under another Act, for example), or the written approval of the council— (a) carry out works on a road; or (b) interfere with a road or its operation. Maximum penalty—200 penalty units. Works do not include the maintenance of ancillary works and encroachments, or landscaping, that does not interfere with the road or its operation. An approval may be subject to the conditions decided by the council. A person must not contravene a condition that applies to the person under subsection (4). Maximum penalty—40 penalty units. If a person carries out works in contravention of this section, the council may— (a) dismantle or alter the works; or (b) fix any damage caused by the works. Page 75 Com AD WH W NE NX COmMN DN FWN YF CO NW NOR NN BW N n NW mon NY WN \o © City of Brisbane Bill 2010 Chapter 3 The business of the council Part 4 Roads and other infrastructure [s 80] (7) If the council dismantles or alters the works, or fixes any damage caused by the works, the person must pay the council the reasonable costs incurred by the council in doing so. Division 2 Stormwater drains 80 What this division is about (1) This division is about stormwater drains and stormwater installations. (2) A stormwater drain is a drain, channel, pipe, chamber, structure, outfall or other works used to receive, store, transport or treat stormwater. (3) A stormwater installation for a property— (a) is any roof gutters, downpipes, subsoil drains or stormwater drain for the property; but (b) does not include any part of a council stormwater drain. 81 Connecting stormwater installation to stormwater drain Page 76 d) (2) (3) The council may, by written notice, require the owner of a property to connect a stormwater installation for the property to a council stormwater drain in the way, under the conditions and within the time stated in the notice. The way, condition and time stated in the notice must be reasonable in the circumstances. A person must not connect a stormwater installation for a property to a council stormwater drain unless— (a) _ the council has required the owner of the property to do so by a written notice under subsection (1); or (b) _ the council has given its approval for the connection. Maximum penalty—165 penalty units. w COM ND WN WN KF OO COMDINID UN 23 25 27 (4) (5) (6) City of Brisbane Bill 2010 Chapter 3 The business of the council Part 4 Roads and other infrastructure [s 82] The council may impose conditions on its approval for the connection, including conditions about the way the connection must be made. If a person connects a stormwater installation under a requirement or approval of the council, the person must comply with the requirement or approval, unless the owner has a reasonable excuse. Maximum penalty—165 penalty units. This section does not apply to a stormwater installation for a property that is an airport site under the Airports Act 1996 (Cwlth). No connecting sewerage to stormwater drain d) (2) The owner of a property must not connect the sewerage installation for property, or allow the sewerage installation for the property to be connected, to any part of— (a) the stormwater installation for the property; or (b) acouncil stormwater drain. Maximum penalty—165 penalty units. A sewerage installation is any of the following— (a) an on-site sewerage facility within the meaning given in the Plumbing and Drainage Act; (b) asewer for a property or building unit; (c) sanitary plumbing i.e. any apparatus, fittings, fixtures or pipes that carry sewage to a sanitary drain; (d) sanitary drainage i.e. any apparatus, fittings or pipes for collecting and carrying discharges— (i) from fixtures (that are directly connected to a sanitary drain) to an on-site sewerage facility or a sewerage treatment system; or (ii) from sanitary plumbing to an on-site sewerage facility or a sewerage treatment system. Page 77 Co MW ADMNH WNK City of Brisbane Bill 2010 Chapter 3 The business of the council Part 4 Roads and other infrastructure [s 82] Page 78 (3) (4) (5) (6) Examples of apparatus, fittings or pipes for sanitary drainage— ¢ — disconnector gullies ¢ — bends at the foot of stacks or below ground level * pipes above ground level that are installed using drainage principles ¢ for an on-site sewerage facility—a pipe (other than a soil or waste pipe) used to carry sewage to or from the facility The owner of a property who becomes aware that the sewerage installation for the property is connected to any part of— (a) the stormwater installation for the property; or (b) astormwater drain of the council; must, as soon as reasonably practicable, take all necessary steps to disconnect the facility, drainage or sewer from the stormwater installation or drain. Maximum penalty—165 penalty units. If the sewerage installation for property is connected to any part of— (a) the stormwater installation on the property; or (b) astormwater drain of the council; the council may, by written notice, require the owner of the property to perform the work stated in the notice, within the time stated in the notice. The time stated in the notice must— (a) bea time that is reasonable in the circumstances; and (b) be at least 1 month after the notice is given to the owner. However, the time stated in the notice may be less than 1 month but must not be less than 48 hours if the work stated in the notice— (a) is required to stop a serious health risk continuing; or Om AND NP WN CAND NSFW NY KF CO iS) Oo NNW WNre Ro NK WY Nn Nn Nwny 'oon 7) (8) City of Brisbane Bill 2010 Chapter 3 The business of the council Part 4 Roads and other infrastructure [s 83] (b) relates to a connection that is causing damage to the council stormwater drain. The work stated in the notice must be work that is reasonably necessary for fixing or otherwise dealing with the sewerage installation, including for example— (a) work to remedy a contravention of this Act; or (b) work to disconnect something that was connected to a stormwater drain without the council's approval. The owner must comply with the notice, unless the owner has a reasonable excuse. Maximum penalty for subsection (8)—165 penalty units. No trade waste or prohibited substances in stormwater drain (1) A person must not put trade waste into a stormwater drain. Maximum penalty—1000 penalty units. (2) Trade waste is waterborne waste from business, trade or manufacturing property, other than— (a) stormwater; and (b) a prohibited substance. (3) A person must not put a prohibited substance into a stormwater drain. Maximum penalty—1000 penalty units. (4) A prohibited substance is— (a) a solid or viscous substance in a quantity, or of a size, that can obstruct, or interfere with the operation of, a stormwater drain; or Examples for paragraph (a)— ¢ ash, cinders, mud, sand, shavings and straw ¢ glass, metal and plastics ¢ cups, milk containers and paper and plastic dishes Page 79 C0 OND NPW NK City of Brisbane Bill 2010 Chapter 3 The business of the council Part 4 Roads and other infrastructure [s 83] Page 80 (b) (c) (d) (e) (5) Tf (a) feathers, rags, tar and wood hair and entrails, paunch manure and whole blood grease and oil cement laden waste water including wash down from exposed aggregate concrete surfaces a flammable or explosive solid, liquid or gaseous substance; or sewage, including human waste; or a substance that, given its quantity, is capable alone, or by interaction with another substance put into a stormwater drain, of — (i) (ii) (iii) (iv) (v) (vi) inhibiting or interfering with the stormwater drain; or causing damage or a hazard to the stormwater drain; or causing a hazard for humans or animals; or creating a public nuisance; or creating a hazard in waters; or contaminating the environment in places where stormwater is discharged or reused; or Example for paragraph (d)— a substance with a pH lower than 6.0 or greater than 10.0, or having another corrosive property a substance that has a temperature of more than— (i) (ii) if the council has approved a maximum temperature for the substance—the approved maximum temperature; or otherwise—38°C. a person puts a prohibited substance in a council stormwater drain; and Co WAD NP WN CO WN DNF WN KO iS) N — NWN WN N BG NWN ANN NY WN \o © WwW a) (6) City of Brisbane Bill 2010 Chapter 3 The business of the council Part 4 Roads and other infrastructure [s 84] (b) the prohibited substance causes damage to the stormwater drain; the council may perform work to fix the damage, and may recover the reasonable costs for the work from the person who put the prohibited substance in the stormwater drain. The costs for the work are in addition to any penalty imposed for the offence. 84 Interference with path of stormwater (1) A person must not restrict or redirect the flow of stormwater over land in a way that may cause the water to collect and become stagnant. Maximum penalty—165 penalty units. (2) However, this section does not apply to water collected in a dam, wetland, tank or pond, if no offensive material is allowed to accumulate. Division 3 Other infrastructure 85 Malls (1) The council may establish a mall in Brisbane. (2) (3) The council must comply with the procedures prescribed under a regulation for establishing a mall. The regulation may also provide for any other matter connected with managing, promoting or using a mall, including for example— (a) the removal of vehicles from a mall; and (b) _ review of a decision relating to the removal of a vehicle from a mall; and (c) matters relating to an advisory committee for a mall. Page 81 \o @w NAD NSW NK OABwW NY FO 2226 City of Brisbane Bill 2010 Chapter 3 The business of the council Part 4 Roads and other infrastructure [s 86] Page 82 (4) (5) (6) A person is not entitled to compensation on account of injurious affection to any right or interest of a business, commercial or industrial nature because of the establishment, modification or closing of a mall by the council. However, the council may, by resolution, decide to pay compensation to the person. The Land Act, chapter 4, part 4 does not apply to a road in Brisbane that is a mall. City Botanic Gardens d) (2) (3) (4) This section is about the City Botanic Gardens. The City Botanic Gardens consist of the reserve for botanic gardens and public park that was established by the council under the repealed City of Brisbane Act. The council is the trustee of the reserve under the Land Act. The council has the power to— (a) do anything that is necessary or desirable for developing, managing, maintaining, promoting, or using the City Botanic Gardens; and (b) permit the use of any part of the City Botanic Gardens, including the erection of any structure, on the conditions it considers appropriate; and (c) do anything incidental to its powers under paragraph (a) or (b). Resumption of prescribed land by council d) This section applies if— (a) a development application under the Planning Act is made for a material change of use other than for 'television station purposes'; or (b) _ prescribed land is sold or offered for sale and the council is satisfied the land is likely to be used for a purpose COI AN BPWNKE CAD NFP WNFK CO NW row NN WN 25 2730 City of Brisbane Bill 2010 Chapter 3 The business of the council Part 4 Roads and other infrastructure [s 88] other than television station purposes or related purposes; or (c) prescribed land is being used for a purpose other than television station purposes or related purposes. (2) Prescribed land is any scheduled land or trust land under the repealed Land (Mt Coot-tha Television Stations) Sales Act 1986. (3) The council may decide to acquire the prescribed land either by agreement under the Acquisition of Land Act 1967 or compulsorily for a purpose specified in that Act, if the land is to be used for 1 or more of the following purposes— (a) a park; (b) arecreation ground; (c) aroad. (4) The power conferred on the council under this section is in addition to the powers conferred on the council as a constructing authority under the Acquisition of Land Act 1967. (5) A decision of the council under subsection (3) is not subject to appeal. Note— See section 221 for more information. Materials in infrastructure are council property (1) The materials in the following things are the property of the council— (a) aroad that is constructed by the council; (b) any works relating to a road (including ducting, gutters, stormwater drains, kerbing and channelling, for example) that are constructed by the council; (c) a floating pontoon, jetty, or wharf that is— (i) constructed by the council; or Page 83 Com ADDN PW NK SCO ONDN PWN FO Nw Ww Noe 25 2831 City of Brisbane Bill 2010 Chapter 4 Finances and accountability Part 1 Rates and charges [s 89] (ii) under the control of the council. (2) This section does not apply to the materials in— (a) an open drain, other than any lining of the drain; or (b) the outcome of action taken in accordance with a remedial notice under section 125. Chapter 4 Finances and accountability Part 1 Rates and charges 89 What this part is about d) (2) This part is about rates and charges. Rates and charges are levies that the council imposes— (a) on land; and (b) for a service, facility or activity that is supplied or undertaken by— (i) the council; or (ii) someone on behalf of the council (including a garbage collection contractor, for example). 90 Types of rates and charges d) Page 84 There are 4 types of rates and charges— (a) general rates (including differential rates); and (b) — special rates and charges; and (c) utility charges; and (d) separate rates and charges. nA WN Dan FB WN KF CO 21 (2) (3) (4) City of Brisbane Bill 2010 Chapter 4 Finances and accountability Part 1 Rates and charges [s 90] General rates are for services, facilities and activities that are supplied or undertaken for the benefit of the community in general (rather than a particular person). Example— General rates contribute to the cost of roads and library services that benefit the community in general. Special rates and charges are for services, facilities and activities that have a special association with particular land because— (a) _ the land or its occupier— (i) specially benefits from the service, facility or activity; or (ii) has or will have special access to the service, facility or activity; or (b) the land is or will be used in a way that specially contributes to the need for the service, facility or activity; or (c) _ the occupier of the land specially contributes to the need for the service, facility or activity. Examples— Special rates and charges could be levied— ¢ for the cost of maintaining a road in an industrial area that is regularly used by heavy vehicles ¢ for the cost of replacing the drainage system in only part of Brisbane ¢ on land that is used only by businesses that would benefit from the promotion of tourism in Brisbane. Utility charges are for a service, facility or activity for any of the following utilities— (a) waste management, including recycling; (b) gas; (c) another utility prescribed under a regulation. Page 85 COmAN AN FF WNR Com ADDN PW NY CO NY Ww rr Oo NN WN NW ns NW Deny NW ow WW Ww NF Oo City of Brisbane Bill 2010 Chapter 4 Finances and accountability Part 1 Rates and charges [s 91] Page 86 (5) Separate rates and charges are for any other service, facility or activity. Land on which rates are levied d) (2) (3) Rates may be levied on rateable land. Rateable land is any land or building unit, in Brisbane, that is not exempted from rates. The following land is exempted from rates— (a) (b) (d) unallocated State land within the meaning of the Land Act; land that is occupied by the State or a government entity, unless— (i) the government entity is a GOC or its subsidiary (within the meaning of the Government Owned Corporations Act 1993) and the government entity is not exempt from paying rates; or (ii) the land is leased to the State or a government entity by someone who is not the State or a government entity; land in a State forest or timber reserve, other than land occupied under— (i) an occupation permit or stock grazing permit under the Forestry Act; or (ii) a lease under the Land Act; the following land under the Transport Infrastructure Act— (i) strategic port land that is occupied by a port authority, the State, or a government entity; (ii) existing or new rail corridor land; (iii) commercial corridor land that is not subject to a lease; NOR Com NI DAN FW NX CO OAD ALWYN KO NW NOR N w Nw ns NW mon N oo wWhd ow (e) (f) City of Brisbane Bill 2010 Chapter 4 Finances and accountability Part 1 Rates and charges [s 92] airport land, within the meaning of the Airport Assets (Restructuring and Disposal) Act 2008, that is used for a runway, taxiway, apron, road, vacant land, buffer zone or grass verge; land that is exempted from rating— (i) under another Act; (ii) by resolution of the council, for religious, charitable, educational or other public purposes. Power to levy rates and charges (1) The council— (2) (a) (b) must levy general rates on all rateable land within Brisbane; and may levy— (i) special rates and charges; and (ii) utility charges; and (ili) separate rates and charges. The council must decide, by resolution at the council budget meeting for a financial year, what rates and charges are to be levied for that financial year. Overdue rates and charges are a charge over rateable land d) (2) (3) This section applies if the owner of rateable land owes the council for overdue rates and charges. The overdue rates and charges are a charge on the land. The council may register the charge over the land by lodging the following documents with the registrar of titles— (a) a request to register the charge over the land, in the appropriate form; Page 87 CID nN BPWNKe CAN DN FW NF CO 23 26 28 City of Brisbane Bill 2010 Chapter 4 Finances and accountability Part 1 Rates and charges [s 94] Page 88 (4) (5) (6) (b) a certificate signed by the chief executive officer that states there is a charge over the land for overdue rates and charges. After the charge is registered over the land, the charge has priority over any other encumbrances over the land, other than encumbrances in favour of— (a) _ the State; or (b) a government entity. If the overdue rates and charges are paid, the council must lodge the following documents with the registrar of titles— (a) a request to release the charge over the land, in the appropriate form; (b) a certificate signed by the chief executive officer that states the overdue rates and charges have been paid. This section does not limit any other remedy that the council has to recover the overdue rates and charges (including selling the land, for example). Regulations for rates and charges A regulation may provide for any matter connected with rates and charges, including for example— (a) concessions; and (b) _ the categorisation of land for rates and charges; and (c) the process for recovering overdue rates and charges including by the sale of the land to which the rates and charges relate. Co WAN ANH WHR NAAN BW NF CO 2124 Part 2 City of Brisbane Bill 2010 Chapter 4 Finances and accountability Part 2 Fees [s 95] Fees 95 Cost-recovery fees d) (2) (3) (4) (5) (6) The council may, under a local law or a resolution, fix a cost-recovery fee. A cost-recovery fee is a fee for— (a) an application for the issue or renewal of a licence, permit, registration or other approval under a local government related law (an application fee); or (b) recording a change of ownership of land; or (c) giving information kept under a local government related law; or (d) seizing property or animals under a local government related law; or (e) the performance of another responsibility imposed on the council under the Building Act or the Plumbing and Drainage Act. A local law or resolution for subsection (2)(d) or (e) must state— (a) _ the person liable to pay the cost-recovery fee; and (b) _ the time within which the fee must be paid. A cost-recovery fee must not be more than the cost to the council of taking the action for which the fee is charged. However, an application fee may also include a tax— (a) in the circumstances and for a purpose prescribed under a regulation; and (b) _ if the council decides, by resolution, that the purpose of the tax benefits Brisbane. The local law or resolution that fixes an application fee that includes a tax must state the amount, and the purpose, of the tax. Page 89 CO OND KN FW WV Oo ANI ANF WN KO iS) Oo NW Noe N w NN nn & NW amon wrywv laoeNome <) City of Brisbane Bill 2010 Chapter 4 Finances and accountability Part 2 Fees [s 96] (7) If an application fee that includes a tax is payable in relation to land, the tax applies only in relation to land that is rateable land. (8) The council may fix a cost-recovery fee by resolution even if the fee had previously been fixed by a local law. 96 Register of cost-recovery fees (1) The council must keep a register of its cost-recovery fees. (2) The register must state the paragraph of section 95(2) under which the cost-recovery fee is fixed. (3) Also, the register must state— (a) for a cost-recovery fee under section 95(2)(a)—the provision of the local government related which the licence, permit, registration or ot! is issued or renewed; or (b) for a cost-recovery fee und he local government related which the information is kept; provision of t! (c) for a cost-rec provision of t which the prop: (d) for a cost-recovery fee und overy fee und erty or animals provision of t he local government related ler section 95(2)(c)—t or er section 95(2)(d)—t are seized; or ler section 95(2)(e)—t law under her approval ne law under ne law under ne he Building Act or the Plumbing and Drainage Act under which the responsibility is imposed. (4) The council must ensure the public may view the register at its public office or on its website. 97 Fees on occupiers of land below the high-water mark (1) This section applies to the occupier (other than the State or a government entity) of a structure that is on land that— (a) is not rateable land, and therefore not subject to rates; and Page 90 AB WNre ona nna iS) COMA ADM PWNF CO NNW WNre Nw ns 28 30 City of Brisbane Bill 2010 Chapter 4 Finances and accountability Part 3 Financial sustainability and accountability [s 98] (b) is in, or is adjoining, Brisbane; and (c) is below the high-water mark. (2) The high-water mark is the ordinary high-water mark at spring tides. (3) The council may, by resolution, levy a fee on the occupier of the structure for the use of the council's roads and other infrastructure. (4) For subsection (3), fee includes a tax. Part 3 Financial sustainability and accountability 98 Statutory Bodies Financial Arrangements Act applies to council (1) The council is a statutory body for the Statutory Bodies Financial Arrangements Act. (2) Part 2B of that Act sets out the way in which that Act affects the council's powers. 99 Systems of financial management (1) To ensure it is financially sustainable, the council must establish a system of financial management that— (a) ensures regard is had to the sound contracting principles when entering into a contract for— (i) _ the supply of goods or services; or (ii) the carrying out of work; or (iii) the disposal of assets; and (b) _ includes the following— Page 91 warAIDN FW NY Dun BW Ne 21 2325 City of Brisbane Bill 2010 Chapter 4 Finances and accountability Part 3 Financial sustainability and accountability [s 100] Page 92 (2) (3) (i) an annual budget; (ii) an asset register; (ili) a corporate plan; (iv) a long-term community plan; (v) a long-term financial plan; (vi) a long-term asset management plan; (vii) an efficient and effective internal audit function, in addition to the requirements of the Financial Accountability Act 2009. The council is financially sustainable if the council is able to maintain its financial capital and infrastructure capital over the long term. The sound contracting principles are— (a) value for money; and (b) open and effective competition; and (c) the development of competitive local business and industry; and (d) environmental protection; and (e) ethical behaviour and fair dealing. Approval of budget d) (2) The council must consider the budget presented by the mayor and, by resolution, adopt the budget with or without amendment. The council must adopt the budget before the start of the financial year to which the budget relates. CAN DN FF WN Co WANID MN FW NRO 2225 Part 4 City of Brisbane Bill 2010 Chapter 4 Finances and accountability Part 4 Councillors' financial accountability [s 101] Councillors' financial accountability What this part is about This part is about councillors' financial accountability. Councillor's discretionary funds d) (2) A councillor must ensure the councillor's discretionary funds are used in accordance with the requirements prescribed under a regulation. Discretionary funds are funds in the council's operating fund that are budgeted for use by a councillor at the councillor's discretion. Councillors liable for improper disbursements d) (2) (3) This section applies if— (a) the council disburses council funds in a financial year; and (b) the disbursement— (i) is not provided for in the council's budget for the financial year; and (ii) is made without the approval of the council by resolution. The council must give the public notice of the disbursement in a newspaper that is circulating generally in Brisbane, within 14 days after the disbursement is made. If the disbursement is not made for a genuine emergency or hardship, the councillors who knowingly agree to the disbursement are jointly and severally liable to pay the council— (a) the amount of the disbursement; and Page 93 COND WN City of Brisbane Bill 2010 Chapter 4 Finances and accountability Part 4 Councillors' financial accountability [s 104] (b) (c) interest on the amount of the disbursement, at the rate at which interest accrues on overdue rates, calculated from the day of the disbursement to the day of repayment; and any fees, charges, penalties or other expenses incurred by the council in relation to the disbursement. (4) Those amounts may be recovered as a debt payable to the council. 104 Councillors liable for loans to individuals (1) The council must not, either directly or indirectly, make or guarantee a loan to an individual. (2) Guarantee a loan includes provide a security in connection with a loan. (3) The councillors who knowingly agree to loan the money are jointly and severally liable to pay the council— (a) (b) (c) the amount of the loan; and interest on the amount of the loan, at the rate at which interest accrues on overdue rates, calculated from the day of the borrowing to the day of repayment; and any fees, charges, penalties or other expenses incurred by the council in relation to the loan. (4) Those amounts may be recovered as a debt payable to the council. 105 Councillors liable for improper borrowings (1) This section applies if the council borrows money— (a) (b) Page 94 for a purpose that is not for the good rule and government of Brisbane; or in contravention of this Act or the Statutory Bodies Financial Arrangements Act. AD NH WNne \o ow NX SCO OND NUN BPW NK CO NW NOR 24 26 28 City of Brisbane Bill 2010 Chapter 5 Monitoring and enforcing the local government related laws Part 1 The council [s 106] (2) The councillors who knowingly agree to borrow the money are jointly and severally liable to pay the council— (a) (b) (c) the amount borrowed; and interest on the amount borrowed, at the rate at which interest accrues on overdue rates, calculated from the day of the borrowing to the day of repayment; and any fees, charges, penalties or other expenses incurred by the council in relation to the borrowing. (3) Those amounts may be recovered as a debt payable to the council. (4) This section applies despite— (a) (b) Chapter 5 Part 1 the fact that a security was issued for the borrowing; or the Statutory Bodies Financial Arrangements Act. Monitoring and enforcing the local government related laws The council 106 What this part is about (1) The purpose of this part is to allow the Minister, on behalf of the State— (a) to gather information (including under a direction) to monitor and evaluate whether the council or a councillor— (i) _ is performing their responsibilities properly; or Page 95 CI ANB WY Ne eo So Re Re Re WN & 22 City of Brisbane Bill 2010 Chapter 5 Monitoring and enforcing the local government related laws Part 1 The council [s 107] Page 96 (2) (ii) is complying with the local government related laws; and (b) if the information shows the council or councillor is not performing their responsibilities properly, or is not complying with the local government related laws—to take remedial action. Remedial action is action to improve the council's or a councillor's performance or compliance (including directing the council or councillor to take the action that is necessary to comply with a local government related law, for example). Decisions under this part are not subject to appeal A decision of the Minister under this part is not subject to appeal. Note— See section 221 for more information. Gathering information d) (2) (3) (4) To monitor and evaluate the council's or a councillor's performance and compliance, the department's chief executive may examine the information contained in the council's records and operations. For example, this may include an examination of— (a) an activity or program of the council; or (b) _ the systems and practices of the council. The department's chief executive may conduct the examination in any way that the department's chief executive considers appropriate. Also, the department's chief executive may request the council or councillor to provide any other information. seen DnkwW Ne nN BR WN Fe NX COMN DD 222528 (5) (6) City of Brisbane Bill 2010 Chapter 5 Monitoring and enforcing the local government related laws Part 1 The council [s 109] The request must be made in writing, and specify a reasonable time within which the council or councillor must provide the information. The council or councillor must cooperate fully with the department's chief executive under this section. Acting on the information gathered d) (2) (3) (4) (5) This section applies if the information gathered by the department's chief executive shows that the council or a councillor— (a) is not performing their responsibilities properly; or (b) is not complying with the local government related laws. The department's chief executive may give the information to the Minister. The Minister may direct the council or a councillor to take action to— (a) improve the council's or councillor's performance; or (b) correct the noncompliance with the local government related law. If the council does not follow the direction to the satisfaction of the Minister, the Minister may publish the way in which the council or councillor— (a) is not performing their responsibilities properly; or (b) is not complying with the local government related laws. The Minister may— (a) publish the information in a newspaper that is circulating generally in Brisbane; or (b) direct the council to publish the information on its website. Page 97 ANB WNr oman a om A DAN FW NF CO NNW NRO N w Nw ns N fom NN on wWhd ow City of Brisbane Bill 2010 Chapter 5 Monitoring and enforcing the local government related laws Part 2 The public [s 110] Part 2 The public Division 1 Powers of authorised persons Subdivision 1 Introduction Page 98 What this division is about d) (2) (3) (4) (5) This division is about the powers that may be used by an authorised person. An authorised person is a person who is appointed under this Act to ensure members of the public comply with the local government related laws. Note— See chapter 6, part 5 for more information about the appointment of authorised persons. The powers of an authorised person include the power, in certain circumstances— (a) to ask a person for their name and address; and (b) to enter a property, including private property. Private property is a property that is not a public place. A public place is a place, or that part of a place, that— (a) is open to the public; or (b) is used by the public; or (c) the public is entitled to use; whether or not on payment of money. Example— A person uses a room at the front of their home as a business office. While the business office is open to the public it is a public place. However, the home is private property and not part of the public place. OMANI AN fF Co mWmrNI NHN PW NR CO NY WwW re Oo N N N w NNW Dns (6) 7) City of Brisbane Bill 2010 Chapter 5 Monitoring and enforcing the local government related laws Part 2 The public [s 111] An occupier of a property includes a person who reasonably appears to be the occupier of, or in charge of, the property. Force must not be used to enter a property under this division, other than when the property is entered under a warrant that authorises that use of force. Producing authorised person's identity card d) (2) An authorised person may exercise a power under this division, in relation to a person, only if the authorised person— (a) first produces his or her identity card for the person to inspect; or (b) has his or her identity card displayed so it is clearly visible to the person. However, if for any reason it is not practicable to comply with subsection (1), the authorised person must produce the identity card for the person's inspection at the first reasonable opportunity. Subdivision 2 Power to require a person's name and address Power to require a person's name and address d) This section applies if an authorised person— (a) finds a person committing an infringement notice offence; or (b) finds a person in circumstances that lead the authorised person to suspect, on reasonable grounds, that the person has just committed an infringement notice offence; or Page 99 MBW NR Oonmrn a NADNHR WN KO 21 23 2527 City of Brisbane Bill 2010 Chapter 5 Monitoring and enforcing the local government related laws Part 2 The public [s 113] (2) (3) (4) (5) (6) 7) (c) has information that leads the authorised person to suspect, on reasonable grounds, that a person has just committed an infringement notice offence. An infringement notice offence is an offence prescribed under the State Penalties Enforcement Act 1999 to be an infringement notice offence. The authorised person may require the person to state the person's name and address. If the authorised person does so, the authorised person must also warn the person that it is an offence to fail to state the person's name and address, unless the person has a reasonable excuse. The authorised person may require the person to give evidence of the person's name or address if the authorised person suspects, on reasonable grounds, that the person has given a false name or address. The person must comply with an authorised person's requirement under subsection (3) or (5), unless the person has a reasonable excuse. Maximum penalty—35 penalty units. However, the person does not commit an offence under subsection (6), if the person is not proved to have committed the infringement notice offence. Subdivision 3 Powers to enter property etc. 113 Entering a public place that is open without the need for permission d) Page 100 This section applies if an authorised person wants to enter a public place to ensure the public place complies with the local government related laws. 0 OI ANH WNKE CAN DANKW NK O iS) Oo NNW WNre 26 28 City of Brisbane Bill 2010 Chapter 5 Monitoring and enforcing the local government related laws Part 2 The public [s 114] (2) The authorised person may enter the public place, without the permission of the occupier of the place, if the place is not closed to the public (by a locked gate, for example). Entering private property with, and in accordance with, the occupier's permission (1) An authorised person may enter private property, that is not closed to entry by the public (by a locked gate, for example), in order to ask the occupier of the property for permission to stay on the property and exercise powers under a local government related law. (2) (3) (4) When asking the occupier for permission, the authorised person must inform the occupier— (a) (b) (c) of the purpose of entering the property; and that any thing or information that the authorised person finds on the property may be used as evidence in court; and that the occupier is not obliged to give permission. If the occupier gives permission, the authorised person may ask the occupier to sign a document that confirms that the occupier has given permission. The document must state— (a) (b) that the authorised person informed the occupier— (i) _ of the purpose of entering the property; and (ii) that any thing or information that the authorised person finds on the property may be used as evidence in court; and (iii) that the occupier was not obliged to give the permission; and that the occupier gave the authorised person permission to enter the property and exercise powers under a local government related law; and Page 101 CAND WH COMA NI ANF W NK SO NY NR WY WY WN NNW Nuns NN aon WwWhN No) City of Brisbane Bill 2010 Chapter 5 Monitoring and enforcing the local government related laws Part 2 The public [s 115] (5) (6) 7) (8) (c) the date and time when the occupier gave the permission. If the occupier signs the document, the authorised person must immediately give a copy of the document to the occupier. If, in any proceedings— (a) a question arises as to whether the occupier of a property gave permission to allow an authorised person to stay on the property under this Act; and (b) a document that confirms the occupier gave permission is not produced in evidence; the court may assume that the occupier did not give the permission, unless the contrary is proved. If the occupier gives permission, the authorised person may stay on the property and exercise the powers that the occupier has agreed to be exercised on the property. However, the right to stay on the property— (a) is subject to any conditions that the occupier imposes (including about the times when the property may be entered, for example); and (b) may be cancelled by the occupier at any time. 115 Entering private property with, and in accordance with, a warrant d) (2) (3) Page 102 An authorised person may enter private property with, and in accordance with, a warrant. An authorised person must apply to a magistrate for a warrant. The application for the warrant must— (a) be in the form approved by the department's chief executive; and (b) be sworn; and CAN DD NPW NE COMA AN ANF WN KO NY WY — 23 25 27 29 (4) (5) (6) 7) (8) (9) City of Brisbane Bill 2010 Chapter 5 Monitoring and enforcing the local government related laws Part 2 The public [s 115] (c) state the grounds on which the warrant is sought. The magistrate may refuse to consider the application until the authorised person gives the magistrate all the information that the magistrate requires about the application, in the way that the magistrate requires. Example— The magistrate may require additional information in support of the application to be given by statutory declaration. The magistrate may issue the warrant only if the magistrate is satisfied that there are reasonable grounds for suspecting— (a) there is a particular thing or activity that may provide evidence of an offence against a local government related law (the evidence); and (b) the evidence is at the place, or may be at the place within the next 7 days. The warrant must state— (a) the evidence for which the warrant is issued; and (b) that the authorised person may, with necessary and reasonable help and force, enter the property and exercise an authorised person's powers under this Act; and (c) _ the hours of the day or night when the property may be entered; and (d) the day (within 14 days after the warrant's issue) when the warrant ends. The magistrate must keep a record of the reasons for issuing the warrant. A warrant is not invalidated by a defect in the warrant, or in compliance with section 116, unless the defect affects the substance of the warrant in a material particular. As soon as an authorised person enters private property under a warrant, the authorised person must do, or make a reasonable attempt to do, the following things— Page 103 0 OID NABWN NX SCOMAN HD NF WNKY CO N — NN WN NN ns NW amon wYyNnN laNome <) WW WwW WNr City of Brisbane Bill 2010 Chapter 5 Monitoring and enforcing the local government related laws Part 2 The public [s 116] (10) (a) inform any occupier of the property— (i) _ of the reason for entering the property; and (ii) that the warrant authorises the authorised person to enter the property without the permission of the occupier; (b) give any occupier a reasonable opportunity to allow the authorised person to immediately enter the property without using force. However, the authorised person does not need to comply with subsection (9) if the authorised person believes that immediate entry to the property is required to ensure the warrant is effectively executed. 116 Warrants—applications made electronically d) (2) (3) (4) (5) Page 104 An authorised person may make an electronic application for a warrant if the authorised person considers it necessary because of— (a) urgent circumstances; or (b) _ special circumstances (including the authorised person's remote location, for example). An electronic application is an application made by phone, fax, radio, email, videoconferencing or another form of electronic communication. The authorised person must prepare an application for the warrant that states the grounds on which the warrant is sought, before applying for the warrant. However, the authorised person may apply for the warrant before the application is sworn. The magistrate may issue the warrant only if the magistrate is satisfied that— (a) it was necessary to make the application electronically; and CAND NBW YN re oO N Com A ANA W 2427 29 31 (6) 7) (8) (9) (10) City of Brisbane Bill 2010 Chapter 5 Monitoring and enforcing the local government related laws Part 2 The public [s 116] (b) _ the way that the application was made was appropriate in the circumstances. If the magistrate issues the warrant, and it is reasonably practicable to send a copy of the warrant to the authorised person (by fax or email, for example), the magistrate must immediately do so. If it is not reasonably practicable to send a copy of the warrant to the authorised person— (a) the magistrate must— (i) inform the authorised person of the date and time when the magistrate signed the warrant; and (ii) inform the authorised person of the terms of the warrant; and (b) _ the authorised person must write on a warrant form— (i) the magistrate's name; and (ii) the date and time when the magistrate signed the warrant; and (iii) the terms of the warrant. The copy of the warrant sent to the authorised person, or the warrant form properly completed by the authorised person, authorises the authorised person to enter the property, and to exercise the powers, mentioned in the warrant that was signed by the magistrate. The authorised person must, at the first reasonable opportunity, send the magistrate— (a) the sworn application; and (b) _ if the authorised person completed a warrant form—the completed warrant form. When the magistrate receives those documents, the magistrate must attach them to the warrant that was signed by the magistrate, and give the warrant to the clerk of the court. Page 105 C0 OI DANHPW NE eCorAIDND nN fF WN KO NNNYW WNrF OO Nw ns N fon NN aon Wwhd Re OowO City of Brisbane Bill 2010 Chapter 5 Monitoring and enforcing the local government related laws Part 2 The public [s 117] d1) Unless the contrary is proven, a court must presume that a power exercised by an authorised person was not authorised by a warrant issued under this section if— (a) a question arises, in any proceedings before the court, whether the exercise of power was authorised by a warrant; and (b) _ the warrant is not produced in evidence. 117 ~—_ Entering under an application, permit or notice d) (2) (3) (4) Page 106 This section applies if an authorised person wants to enter a property— (a) to inspect the property in order to process an application made under any local government related law; or (b) to inspect a record that is required to be kept for a budget accommodation building under the Building Act, chapter 7; or (c) to find out whether the conditions on which a permit or notice was issued have been complied with; or (d) to inspect work that was carried out under a permit or notice. A permit is an approval, authorisation, consent, licence, permission, registration or other authority issued under any local government related law. A notice is a notice issued under any local government related law. The authorised person may enter the property without the permission of the occupier of the property— (a) at any reasonable time during the day; or (b) at night, if— (i) the occupier of the property asks the authorised person to enter the property at that time; or AY DAN WNeK oo \o Com AD NSW NY CO NNW NRO NN BW NN nn NON on wWhd ow (5) City of Brisbane Bill 2010 Chapter 5 Monitoring and enforcing the local government related laws Part 2 The public [s 118] (ii) the conditions of the permit allow the authorised person to enter the property at that time; or (iii) the property is a public place and is not closed to the public. However, the authorised person— (a) must, as soon as the authorised person enters the property, inform any occupier of the property— (i) _ of the reason for entering the property; and (ii) that the authorised person is authorised under this Act to enter the property without the permission of the occupier; and (b) may enter a home that is on the property only if the occupier of the relevant part of the property accompanies the authorised person. 118 Entering property under an approved inspection program d) (2) (3) An authorised person may enter a property (other than a home on the property) without the permission of the occupier of the property, at any reasonable time of the day or night, under an approved inspection program. An approved inspection program is a program, approved by the council, under which an authorised person may enter and inspect properties in Brisbane to ensure the local government related laws are being complied with. The council must give, or must make a reasonable attempt to give, the occupier of the property a written notice that informs the occupier of the following— (a) the council's intention to enter the property; (b) _ the reason for entering the property; (c) an estimation of when the property will be entered. Page 107 Co WANID UN FW NK BRWN FO COMDINID UN 222528 City of Brisbane Bill 2010 Chapter 5 Monitoring and enforcing the local government related laws Part 2 The public [s 119] (4) (5) Example— The council may give the written notice to an occupier of a property by dropping a flyer in the letterbox for the property. The council must give, or make a reasonable attempt to give, the written notice to the occupier within a reasonable time before the property is to be entered. The authorised person— (a) must, as soon as the authorised person enters the property, inform any occupier of the property— (i) _ of the reason for entering the property; and (ii) that the authorised person is authorised under this Act to enter the property without the permission of the occupier; and (b) may enter a budget accommodation building on the property only to monitor compliance with the Building Act, chapter 7. 119 Approving an inspection program d) (2) (3) (4) Page 108 The council may, by resolution, approve the following types of inspection programs— (a) asystematic inspection program; (b) a selective inspection program. A systematic inspection program allows an authorised person to enter and inspect all properties, or all properties of a certain type, in Brisbane. A selective inspection program allows an authorised person to enter and inspect those properties in Brisbane that have been selected in accordance with objective criteria specified in the resolution. The resolution must state— (a) _ the purpose of the program; and (b) when the program starts; and Com A ANH WN DAN WNrY OC ~ \o 21 232628 30 (5) (6) 7) (8) City of Brisbane Bill 2010 Chapter 5 Monitoring and enforcing the local government related laws Part 2 The public [s 119] (c) for asystematic inspection program that allows a type of property to be entered and inspected—a description of the type of property; and (d) for a selective inspection program—the objective criteria for selecting the properties to be entered and inspected; and (e) _ the period (of not more than 3 months or another period prescribed under a regulation) over which the program is to be carried out. The council must give the public notice of the approval of an inspection program, at least 14 days, but not more than 28 days, before the approved inspection program starts. The notice must be published— (a) in a newspaper that is circulating generally in Brisbane; and (b) onthe council's website. The notice must state the following— (a) that the notice is made by the council; (b) | the purpose and scope of the program, in general terms; (c) when the program starts; (d) _ the period over which the program is to be carried out; (e) that the public may view a copy of the resolution that approved the program at the council's public office until the end of the program; (f) _ that a copy of the resolution that approved the program may be purchased at the council's public office until the end of the program; (g) the price of a copy of the resolution that approved the program. The price of a copy of the resolution that approved the program must be no more than the cost to the council of making the copy available for purchase. Page 109 OMAN DANK WNE Co mMWmANI ND NF W NK O NY WwW re Oo NNN BRWN NNN ANN NN \o WW WwW NRO City of Brisbane Bill 2010 Chapter 5 Monitoring and enforcing the local government related laws Part 2 The public [s 120] (9) From the time when the notice is published in the newspaper until the end of the program— (a) (b) the public may view a copy of the resolution that approved the program at the council's public office; and copies of the resolution that approved the program must be available for purchase at the council's public office at the price stated in the notice. 120 General powers after entering a property (1) This section explains the powers that an authorised person has after entering a property, other than entering a property— (2) (3) Page 110 (a) (b) to ask the occupier of the property for permission to stay on the property; or under section 117 or 118. The authorised person may— (a) (b) (c) (d) (e) (f) search any part of the property; or inspect, test, photograph or film anything that is in or on the property; or copy a document that is in or on the property; or take samples of or from anything that is in or on the property; or take into or onto the property any persons, equipment and materials that the authorised person reasonably requires for exercising the authorised person's powers; or require the occupier of the property, or a person in or on the property, to give the authorised person reasonable help to exercise the authorised person's powers under paragraphs (a) to (e). An authorised person may exercise a power under subsection (2) only if exercising the power is necessary for the purpose related to the entry of the property. ADM FW NRE \o ow CAD NN FW NF CO NX ow NNNNY BRWNFR NNYW warnan WwWwWhNy No) (4) (5) City of Brisbane Bill 2010 Chapter 5 Monitoring and enforcing the local government related laws Part 2 The public [s 121] If a person is required to give reasonable help under subsection (2)(f), the person must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—8 penalty units. If the requirement is to be complied with by the person giving information or producing a document, it is a reasonable excuse for the person to fail to comply with the requirement if complying with the requirement might incriminate the person. 121. Authorised person to give notice of damage d) (2) (3) (4) (5) This section applies if— (a) something is damaged by— (i) an authorised person, when the authorised person exercises a power under this division; or (ii) a person who is authorised by an authorised person to take action under this division, when the person takes the action; or (b) _ the authorised person considers, on reasonable grounds, that the damage is more than trivial damage. The authorised person must immediately give written notice of the particulars of the damage to the person who appears to be the owner of the thing that was damaged. However, if for any reason it is not practicable to do so, the authorised person must leave the notice, in a reasonably secure way and in a conspicuous position, at the place where the thing was damaged. The owner of a thing includes a person in possession or control of the thing. If the authorised person believes the damage was caused by a latent defect in the thing, or other circumstances beyond the authorised person's control, the authorised person may state that in the notice. Page 111 CAIADN BP WNeR ON ANF WN KF CO Nw ro) NWNnNnbwd nABWN NW mon WwWNN rPOowon City of Brisbane Bill 2010 Chapter 5 Monitoring and enforcing the local government related laws Part 2 The public [s 122] 122 Compensation for damage or loss caused after entry d) (2) (3) (4) (5) (6) If a person incurs damage or loss because of the exercise, or purported exercise, of a power under this division, the council must pay the person compensation. The compensation equals— (a) the amount agreed between the person and the council; or (b) if the person and the council can not agree, the amount that is decided by a court. The person may claim the compensation in— (a) any proceedings for compensation; or (b) any proceedings brought against the person for an offence against any local government related law. A court may order compensation to be paid only if the court is satisfied it is just to do so in all the circumstances. A regulation may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to make the order. The court may make any order about costs that the court considers just. Division 2 Powers of other persons 123. What this division is about d) (2) Page 112 This division is about the powers that may be used— (a) to enable the council to perform its responsibilities; or (b) to ensure a person complies with this Act, and the other local government related laws, including by complying with a remedial notice. A remedial notice is a notice— COD ND WN BWN SCO OND NB WN YK CO NX 2326 (3) (4) (5) (6) 7) City of Brisbane Bill 2010 Chapter 5 Monitoring and enforcing the local government related laws Part 2 The public [s 123] (a) _ that the council gives to the owner of a property within Brisbane; and (b) that requires action to be taken in relation to the property under a local government related law (including fencing a pool, for example). This division explains the circumstances in which a person is authorised to enter a property under this division, namely— (a) in a potentially dangerous situation, to take urgent action; or (b) to take action in relation to council facilities on the property (including water or sewerage pipes, for example); or (c) with (and in accordance with) the permission of the occupier of the property; or (d) with (and in accordance with) a court order; or (e) with (and in accordance with) reasonable written notice. Reasonable written notice is a written notice, given at least 7 days before a property is to be entered, that informs the owner and the occupier of the property of-— (a) the council's intention to enter the property; and (b) _ the reason for entering the property; and (c) _ the days and times when the property is to be entered. The following persons may enter a property under this division— (a) if the occupier of the property is not the owner of the property—the owner or the owner's employee; (b) acouncil worker. A council worker is an employee, or agent, of the council who is authorised by the council to act under this division. However, the council may authorise an employee or agent to act under this division only if the employee or agent is Page 113 COMA NAD NSW NYE COAN DN FW NFO Nw WY NF Oo NN BW NN nun N ~ NWN \o WwW a) City of Brisbane Bill 2010 Chapter 5 Monitoring and enforcing the local government related laws Part 2 The public [s 124] (8) (9) appropriately qualified or trained to exercise a power or perform a responsibility under this division. The council must give each council worker an identity card. Force must not be used to enter a property under this division, unless the property is entered under a court order that specifically authorises the use of that force. 124 Entry with, and in accordance with, permission of occupier d) (2) Any person may enter a property with the permission of the occupier of the property. However, the right to enter the property— (a) is subject to any conditions that the occupier imposes (including about the times when the property may be entered, for example); and (b) may be cancelled by the occupier at any time. 125 'Entry by an owner, with reasonable written notice, under a remedial notice d) (2) (3) Page 114 This section applies if— (a) the council gives a remedial notice to the owner of a property; and (b) _ the owner is not the occupier of the property. After the owner gives reasonable written notice to the occupier of the property, the owner or the owner's employee may— (a) enter the property at any reasonable time; and (b) take the action that is required under the remedial notice. If the occupier asks to inspect the remedial notice, the owner must allow the occupier to inspect the remedial notice. Dunk WwW Ne \o ON nA BWN FF OO City of Brisbane Bill 2010 Chapter 5 Monitoring and enforcing the local government related laws Part 2 The public [s 126] (4) _ If the occupier refuses to allow the owner to enter the property and the owner informs the council of that, the owner is not liable for failing to comply with the remedial notice. (5) This section does not affect any rights that the owner has apart from this section. 126 Occupier may discharge owner's obligations (1) This section applies if— (a) the owner of a property fails— (i) _ to take the action in relation to the property that is required under a remedial notice; or (ii) to pay money that is payable in relation to the property under a local government related law (including rates, for example); and (b) the occupier of the property is not the owner of the property. (2) The occupier of the property may— (a) take the action that is required, and recover the amount that the occupier properly and reasonably incurs in taking the action as a debt payable by the owner; or (b) pay the money that is payable, and recover the money as a debt payable by the owner. (3) For example, if the occupier is the owner's tenant, the occupier may deduct the money from any rent that the occupier owes the owner, without being in breach of the tenancy agreement. 127 'Entry by a council worker, with reasonable written notice, under a remedial notice (1) This section applies if— (a) the council gives a remedial notice to the owner of a property; and Page 115 Ae WNr onmona CAN HD UNF WNKY CO NW re oO NNNNW ABR WN 27 30 City of Brisbane Bill 2010 Chapter 5 Monitoring and enforcing the local government related laws Part 2 The public [s 127] (2) (3) (4) (5) (6) 7) (8) Page 116 (b) both the owner and the occupier of the property fail to take the action required under the remedial notice. After giving reasonable written notice to the owner and the occupier of the property, a council worker may— (a) enter the property (other than a home on the property) without the permission of the occupier; and (b) take the action that is required under the remedial notice. However, the council worker must, as soon as the council worker enters the property— (a) inform any occupier of the property— (i) _ of the reason for entering the property; and (ii) that the council worker is authorised under this Act to enter the property without the permission of the occupier; and (b) produce his or her identity card for the occupier of the property to inspect. The council may recover the amount that the council properly and reasonably incurs in taking the action as a debt payable by the person who failed to take the action. If both the owner and the occupier failed to take the action, the owner and the occupier are jointly and severally liable for the debt. The council must give the person who failed to take the action written notice of the amount of the debt. If the debt is not paid within 30 days after the date of the written notice, the council may recover the debt as if the debt were overdue rates. Interest is payable on the debt at the same rate that interest is payable on overdue rates levied by the council. C0 ON DN FW NK iS) SOD ANAD NVSPW NY KF CO NNW WNre Nw ns NNW ona wWhd ow City of Brisbane Bill 2010 Chapter 5 Monitoring and enforcing the local government related laws Part 2 The public [s 128] 128 Entry by a council worker, with reasonable written notice, to take materials (1) This section applies if, in the circumstances, the council has no other reasonably practicable way of obtaining materials other than by removing the materials from relevant land. (2) (3) (4) Relevant land means land, other than protected land, that is— (a) (b) (c) within Brisbane; or if the council has the written approval of the Minister, under section 11(4)(b)(i), to exercise its powers outside of Brisbane—outside of Brisbane; or if the council may exercise a power in another local government's area for the purpose of a joint government activity—within the other local government's area. Protected land is \and that is— (a) (b) (c) (d) (e) the site of, or curtilage around, a home or other structure; or a court, lawn, park, planted walk or avenue or yard; or under cultivation (including a garden, nursery or plantation, for example); or a State forest or timber reserve under the Forestry Act; or a protected area under the Nature Conservation Act 1992. After giving reasonable written notice to the owner and the occupier of the rateable land, a council worker may— (a) (b) enter the land without the permission of the occupier of the land; and search for materials that the council requires to perform its responsibilities; and remove the materials from the land. Page 117 Com AD NSW NK Com A DN FF WNrF CO Nw ro NN Wh Nw ns NW mon NW ow ww So City of Brisbane Bill 2010 Chapter 5 Monitoring and enforcing the local government related laws Part 2 The public [s 129] (5) (6) Example— The council may remove dirt from the land for use in mopping up an oil spill on a neighbouring road to prevent the oil entering a stormwater drain. However, the council worker must, as soon as the council worker enters the property— (a) inform any occupier of the property— (i) _ of the reason for entering the property; and (ii) that the council worker is authorised under this Act to enter the property without the permission of the occupier; and (b) produce his or her identity card for the occupier of the property to inspect. The council worker must not search for, or remove materials from, within 50m of any structure or works on the land (including a home, bridge, dam or wharf, for example). 129 Entry by a council worker, at reasonable times, to repair etc. facilities d) (2) (3) Page 118 At all reasonable times, a council worker may enter a property (other than a home on the property) without the permission of the occupier of the property— (a) to investigate the future installation of council facilities on, over or under the property; or (b) to install council facilities on, over or under the property; or (c) to inspect, maintain, operate, repair, replace or remove council facilities, that are on, over or under the property, for their routine operations. Council facilities are facilities that are installed by the council (including sewerage pipes, for example). However, the council worker must, as soon as the council worker enters the property— Co ON DAN BWN Ank WN KO on 23 25 2730 32 City of Brisbane Bill 2010 Chapter 5 Monitoring and enforcing the local government related laws Part 2 The public [s 130] (a) inform any occupier of the property— (i) _ of the reason for entering the property; and (ii) that the council worker is authorised under this Act to enter the property without the permission of the occupier; and (b) produce his or her identity card for the occupier of the property to inspect. 130 Entry by a council worker, at any time, for urgent action (1) Acouncil worker may enter a property (other than a home on the property), at any time without the permission of the occupier of the property, in a potentially dangerous situation to take urgent action for local government purposes. Example— A council worker may enter a property to cut down a tree that was blown over in a storm and is in danger of falling and injuring someone or damaging property. (2) However, the council worker must, as soon as reasonably practicable after the council worker enters the property— (a) inform any occupier of the property— (i) _ of the reason for entering the property; and (ii) that the council worker is authorised under this Act to enter the property without the permission of the occupier; and (b) produce his or her identity card for the occupier of the property to inspect. 131 Entry with, and in accordance with, a court order (1) A person may enter a property with, and in accordance with, a court order made under this section. (2) The person must apply to a magistrate for the court order. (3) The application must— Page 119 AD NPW YN oo \o Oo ON ANH W NK CO NX So NNW WNre NN ns 28 30 City of Brisbane Bill 2010 Chapter 5 Monitoring and enforcing the local government related laws Part 2 The public [s 131] (4) (5) (6) (7) (8) Page 120 (a) be in the form approved by the department's chief executive; and (b) be sworn; and (c) state the grounds on which the court order is sought. The person must, as soon as practicable, give a copy of the application to— (a) if the person is not the owner of the property—the owner of the property; and (b) _ the occupier of the property. The magistrate may refuse to consider the application until the person gives the magistrate all the information that the magistrate requires about the application in the way that the magistrate requires. Example— The magistrate may require additional information supporting the application to be given by statutory declaration. If the magistrate is satisfied that entry to the property is necessary to allow the person to take action under any of the local government related laws, the magistrate may make the court order. The court order must— (a) direct the occupier of the property to allow the person to enter the property and take all action that is necessary under any local government related law; and (b) state the hours of the day or night when the property may be entered; and (c) state the day (within 14 days after the court order is made) when the court order ends. If the person who applied for the court order is a council worker, the court order may authorise the council worker to use necessary and reasonable help and force to enter the property. CoC MONI DN FW NYE SCOAN AN FF WNFr CO NY WY — NNN BRWN NN nN NN aon WWwWWwWhNy NRO"; (9) (10) City of Brisbane Bill 2010 Chapter 5 Monitoring and enforcing the local government related laws Part 2 The public [s 132] The magistrate must record the reasons for making the court order. As soon as the person enters the property under the court order, the person must do, or make a reasonable attempt to do, the following things— (a) inform any occupier of the property— (i) _ of the reason for entering the property; and (ii) that the person is authorised under the court order to enter the property without the permission of the occupier; (b) if the court order authorises the person to use force to enter the property—give the occupier a reasonable opportunity to allow the person to immediately enter the property without using force. 132 Compensation for damage or loss caused d) (2) (3) A council worker who enters a property— (a) must not cause, or contribute to, damage to any structure or works on the property; and (b) must take all reasonable steps to ensure the worker causes as little inconvenience, and does as little other damage, as is practicable in the circumstances. If a person incurs damage or loss because of the exercise, or purported exercise, of a power under this division (including the loss of the value of materials removed from a property, or the reduction in the value of the property, for example), the council must pay the person compensation. The compensation equals— (a) the amount agreed between the person and the council; or (b) if the person and the council can not agree, the amount that is decided by a court. Page 121 Com ND NPW NE BRWNrF CO Co mMOrNnwnm 232529 31 City of Brisbane Bill 2010 Chapter 5 Monitoring and enforcing the local government related laws Part 3 Investigation of council records [s 133] (4) The court may make any order about costs that the court considers just. 133 Limitation of time in absence of notice of work done (1) This section applies if work is done on a property without an approval that is required under a local government related law. (2) For the purposes of any limitation of time for taking any proceedings or doing anything else about the work, the work is taken to have been done when a council worker first finds out about the work. Part 3 Investigation of council records Division 1 Introduction 134 What this part is about This part is about investigations conducted by the department or the council into the accuracy of the council's registers or records that are required to be kept under this Act. Division 2 Investigations by department 135 Producing authorised officer's identity card (1) This section applies if the department's chief executive directs an authorised officer to exercise a power under this division. (2) The authorised officer may exercise the power, in relation to a person, only if the officer— (a) first produces his or her identity card for the person to inspect; or Page 122 N OMAND NH WwW nABW NY 21 23 City of Brisbane Bill 2010 Chapter 5 Monitoring and enforcing the local government related laws Part 3 Investigation of council records [s 136] (b) has his or her identity card displayed so it is clearly visible to the person. 136 Making of inquiries for department d) (2) This section applies if the department's chief executive suspects or believes, on reasonable grounds, that information included in a register or record of the council is incorrect because of an error or omission. An authorised officer, if directed by the department's chief executive, may make all inquiries the chief executive considers to be reasonable to find out whether and to what extent the register or record is incorrect. 137 Power to require information or document for department investigation d) (2) This section applies if the department's chief executive suspects or believes, on reasonable grounds, that— (a) either or both of the following apply— (i) information included in a register or record of the council is incorrect because of an error or omission; (ii) an offence against this Act has been committed relating to a register or record; and (b) a person— (i) is able to give information about the error, omission or offence; or (ii) holds a document relating to the error, omission or offence. The department's chief executive or, if directed by the department's chief executive, an authorised officer may require the person to give the information or produce the document. Page 123 NOR Om IADNH W OMANI BD WH WH 22 24 26 2830 City of Brisbane Bill 2010 Chapter 5 Monitoring and enforcing the local government related laws Part 3 Investigation of council records [s 138] (3) (4) (5) (6) 7) When making the requirement, the department's chief executive or authorised officer must warn the person it is an offence to fail to comply with the requirement unless the person has a reasonable excuse. The person must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—40 penalty units. If the person is an individual, it is a reasonable excuse for failing to comply with the requirement that giving the information or producing the document might tend to incriminate the person. It is a defence in a prosecution under subsection (4) that the information or document sought by the department's chief executive or authorised officer is not relevant to the error, omission or offence. If the person produces the document to the department's chief executive or authorised officer, the chief executive or officer— (a) may keep the document to take an extract from it or make a copy of it; and (b) must return the document to the person as soon as practicable after taking the extract or making the copy. Division 3 Investigations by council 138 Producing authorised person's identity card d) (2) Page 124 This section applies if the chief executive officer directs an authorised person to exercise a power under this division. The authorised person may exercise the power, in relation to another person, only if the authorised person— (a) first produces his or her identity card for the other person to inspect; or Om NI DUN BPWNK SCO MOIND NARWN FO NY WY — 26 28 30 City of Brisbane Bill 2010 Chapter 5 Monitoring and enforcing the local government related laws Part 3 Investigation of council records [s 139] (b) has his or her identity card displayed so it is clearly visible to the other person. 139 Making of inquiries for council d) (2) This section applies if the chief executive officer suspects or believes, on reasonable grounds, that information included in a register or record of the council is incorrect because of an error or omission. The chief executive officer or, if directed by the chief executive officer, an authorised person may make all inquiries the chief executive officer considers to be reasonable to find out whether and to what extent the register or record is incorrect. 140 Power to require information or document for council investigation d) (2) This section applies if the chief executive officer suspects or believes, on reasonable grounds, that— (a) either or both of the following apply— (i) information included in a register or record of the council is incorrect because of an error or omission; (ii) an offence against this Act has been committed relating to a register or record; and (b) a person— (i) is able to give information about the error, omission or offence; or (ii) holds a document relating to the error, omission or offence. The chief executive officer or, if directed by the chief executive officer, an authorised person may require the person to give the information or produce the document. Page 125 Om IADNH W Ne NRO NY SCOm NY AN BW 22 25 27 29 City of Brisbane Bill 2010 Chapter 5 Monitoring and enforcing the local government related laws Part 3 Investigation of council records [s 141] (3) (4) (5) (6) 7) When making the requirement, the chief executive officer or authorised person must warn the person it is an offence to fail to comply with the requirement unless the person has a reasonable excuse. The person must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—40 penalty units. If the person is an individual, it is a reasonable excuse for failing to comply with the requirement that giving the information or producing the document might tend to incriminate the person. It is a defence in a prosecution under subsection (4) that the information or document sought by the chief executive officer or authorised person is not relevant to the error, omission or offence. If the person produces the document to the chief executive officer or authorised person, the chief executive or authorised person— (a) may keep the document to take an extract from it or make a copy of it; and (b) must return the document to the person as soon as practicable after taking the extract or making the copy. 141 Referral to department d) (2) (3) Page 126 This section applies if, because of inquiries made under this division, the chief executive officer concludes on reasonable grounds that an offence has been committed under this Act relating to a register or record. The chief executive officer must report the chief executive officer's conclusion, including the reasons for the conclusion, to the department's chief executive. Subsection (2) does not limit any duty the chief executive officer may have under the Crime and Misconduct Act to notify the CMC of any complaint, information or matter that Com NY DN PWNeE NX CO OAD ALWYN KO NW NOR 2527 2932 City of Brisbane Bill 2010 Chapter 5 Monitoring and enforcing the local government related laws Part 4 Offences [s 142] the chief executive officer suspects involves, or may involve, official misconduct under that Act. (4) The CMC means the Crime and Misconduct Commission established under the Crime and Misconduct Act. 142 Chief executive officer not subject to direction The chief executive officer is not subject to direction by the mayor in acting under this division. Part 4 Offences 143 Obstructing enforcement of this Act or local laws etc. (1) A person must not obstruct an official in the exercise of a power under this Act or a local law, unless the person has a reasonable excuse. Maximum penalty—S0 penalty units. (2) An official is any of the following persons— (a) the Minister; (b) the department's chief executive; (c) an authorised officer; (d) an investigator; (e) the chief executive officer; (f) an authorised person. (3) A person must not obstruct a council worker in the exercise of a power under chapter 5, part 2, division 2, unless the person has a reasonable excuse. Maximum penalty—S0 penalty units. Page 127 BW NF NADA UN oOo mMmrNI DHNDN FW NK O iS) Oo NNW WNre N BG City of Brisbane Bill 2010 Chapter 5 Monitoring and enforcing the local government related laws Part 4 Offences [s 144] (4) (3) If a person has obstructed an official or council worker and the official or worker decides to proceed with the exercise of the power, the official or worker must warn the person that— (a) it is an offence to obstruct the official or worker, unless the person has a reasonable excuse; and (b) _ the official or worker considers the person's conduct an obstruction. A person must not pull down, damage, deface or destroy a board or anything else that is displaying a local law, order, notice or other matter authorised by the council. Maximum penalty for subsection (5)—35 penalty units. 144 Impersonating an authorised person A person must not pretend to be an authorised person. Maximum penalty—S0 penalty units. 145 Duty to make documents available Page 128 A person who has charge of a document owned or held by the council must not obstruct the viewing or copying of the document by another person who is authorised to view or copy the document under this Act. Examples— ¢ preventing a councillor from copying a council record under section * preventing the public from viewing a record under section 175(12) Maximum penalty—10 penalty units. Com AD NH WNe rr Oo A COMDINID UN 21 24 City of Brisbane Bill 2010 Chapter 6 Administration Part 1 Introduction [s 146] Chapter 6 Administration Part 1 Introduction 146 What this chapter is about d) (2) Part 2 This chapter contains provisions about— (a) persons who are elected or appointed to perform responsibilities under this Act; and (b) bodies that perform responsibilities under this Act. For example, this chapter contains provisions about— (a) qualifications for election or appointment; and (b) acting appointments; and (c) conditions of appointment; and (d) ending appointments. Councillors Division 1 Qualifications of councillors 147 Qualifications of councillors A person is qualified to be a councillor of the council only if the person— (a) resides in Brisbane; and (b) is, under the Electoral Act, an enrolled elector for an electoral district in Brisbane; and Page 129 0 ON DAN fF WW CO WAND UN City of Brisbane Bill 2010 Chapter 6 Administration Part 2 Councillors [s 148] (c) is not disqualified from being a councillor because of a section in this division. 148 Disqualification for certain offences d) (2) (3) (4) (5) Page 130 A person can not be a councillor— (a) after the person is convicted of a treason offence, unless the person is pardoned for the treason offence; or (b) for 10 years after the person is convicted of an electoral offence; or (c) for 7 years after the person is convicted of a bribery offence; or (d) for 4 years after the person is convicted of an integrity offence. A treason offence is an offence of treason, sedition or sabotage under the law of Queensland, another State or the Commonwealth. An electoral offence is— (a) a disqualifying electoral offence under the Electoral Act; or (b) an offence that would be a disqualifying electoral offence had the conviction been recorded after the commencement of the Electoral and Other Acts Amendment Act 2002. A bribery offence is an offence against— (a) section 98C of the Criminal Code; or (b) a corresponding law of another State or the Commonwealth; or (c) another offence prescribed under a regulation. An integrity offence is an offence against— (a) section 168, 169, 170, 171(3) or 210; or NOR 0 ONIN AN FW OCrNI ND NEW NF CO NNW NRF Ow NN BR NN nn NY wv N o on (6) 7) City of Brisbane Bill 2010 Chapter 6 Administration Part 2 Councillors [s 149] (b) section 98B, 98E or 98G(a) or (b) of the Criminal Code; or (c) another offence prescribed under a regulation. A person automatically stops being a councillor when the person is convicted of— (a) atreason offence; or (b) anelectoral offence; or (c) abribery offence; or (d) an integrity offence. A person is taken to have been convicted of an offence— (a) _ if the person appeals the conviction—when the appeal is dismissed, struck out or discontinued; or (b) _ if the person does not appeal the conviction—at the end of the time within which an appeal must by law be started. Disqualification of prisoners d) (2) (3) A person can not be a councillor while the person is a prisoner. A prisoner is a person who— (a) is serving a period of imprisonment; or (b) _ is liable to serve a period of imprisonment, even though the person has been released from imprisonment (on parole or leave of absence, for example). A person automatically stops being a councillor when the person becomes a prisoner. Disqualification because of other high office d) A person can not be a councillor while the person is a government member. Page 131 Co mMmN DWP W NRE WABW NRK OO 0 OND 2225 28 City of Brisbane Bill 2010 Chapter 6 Administration Part 2 Councillors [s 151] (2) (3) A government member is— (a) a member of a Parliament of the Commonwealth or a State (including Queensland); or (b) acouncillor of a local government of another State. A person automatically stops being a councillor when the person becomes— (a) a government member; or (b) a candidate for election as a member of the Legislative Assembly. 151 Disqualification during bankruptcy d) (2) (3) (4) A person can not be a councillor while the person is a bankrupt. A person is a bankrupt if, under a bankruptcy law— (a) _ the person is an undischarged bankrupt; or (b) _ the person has executed a deed of arrangement, and the terms of the deed have not been fully complied with; or (c) | the person's creditors have accepted a composition, and a final payment has not been made under the composition. A bankruptcy law is— (a) the Bankruptcy Act 1966 (Cwlth); or (b) a corresponding law of another jurisdiction, including a jurisdiction outside Australia. A person automatically stops being a councillor when the person becomes a bankrupt. 152 Judicial review of qualifications d) Page 132 Any person who is entitled to vote in a council election may apply for a judicial review of the eligibility, or continued om IA DWN FF WN CAN DANN FW NY CO NY WwW re Oo NN Wh Nw ns 28 City of Brisbane Bill 2010 Chapter 6 Administration Part 2 Councillors [s 153] eligibility, of a person to be a councillor on the basis that the person is disqualified under this division. (2) This section does not limit the Judicial Review Act. 153 Acting as councillor without authority A person must not act as a councillor if the person knows that— (a) _ the person is not qualified to be a councillor; or (b) _ the person's office as a councillor has been vacated. Maximum penalty—85 penalty units. Division 2 Councillor's term of office 154 Whenacouncillor's term starts A councillor's term starts on— (a) if the councillor is elected—the day after the conclusion of the councillor's election; or (b) if the councillor is appointed—the day on which the councillor is appointed. 155 Whenacouncillor's term ends A councillor's term ends— (a) if the councillor is elected at quadrennial elections for the council or at a fresh election—at the conclusion of the next quadrennial elections; or (b) if the councillor is elected at a fresh election and a declaration is also made under a regulation—at the conclusion of the quadrennial elections after the next quadrennial elections; or Page 133 oO mn aN Ff Dn PW NY 21 2325 City of Brisbane Bill 2010 Chapter 6 Administration Part 2 Councillors [s 156] (c) (d) Division 3 if the councillor is elected or appointed to fill a vacancy in the office of another councillor—at the end of the other councillor's term; or when the councillor's office becomes otherwise vacant. Note— See section 157 for an explanation of when this happens. Vacancies in councillor's office 156 What this division is about (1) This division is about when a councillor's office becomes vacant, and the way in which the vacancy is to be filled. (2) The way in which a vacancy is to be filled depends on— (3) (4) (a) (b) whether the vacancy is in the office of the mayor or of another councillor; and if the vacancy is in the office of another councillor—whether the office becomes vacant during the beginning, middle or end of the council's term. The beginning of the council's term is the period of 12 months that— (a) (b) starts on the day when the last quadrennial elections were held; and ends on the day before the first anniversary of the last quadrennial elections. The middle of the council's term is the period of 24 months that— (a) (b) starts on the first anniversary of the last quadrennial elections; and ends on the day before the final part of the council's term starts. (5) The final part of the council's term is the period that— Page 134 Nn" FF WNK AAI ANF WN KF CO iS) ow NW Noe NN SES) NN nn NN on N \'o (a) (b) City of Brisbane Bill 2010 Chapter 6 Administration Part 2 Councillors [s 157] starts 36 months after the last quadrennial elections were held; and ends on the day before the next quadrennial elections are held. 157. Whenacouncillor's office becomes vacant A councillor's office becomes vacant if the councillor— (a) (b) (c) (d) (e) (f) (g) ceases to be qualified to be a councillor under division 1; or is found, on a judicial review, to be ineligible to continue to be a councillor; or does not comply with section 164; or is absent, without the council's leave, from 2 or more consecutive ordinary meetings of the council over at least 2 months; or resigns as a councillor by signed notice of resignation given to the chief executive officer; or dies; or becomes a council employee. 158 When a vacancy in an office must be filled (1) This section explains when a vacant office of a councillor (including the mayor) must be filled. (2) (3) If a councillor's office (other than the mayor's office) becomes vacant 12 months or more before quadrennial elections are required to be held, the council must fill the vacant office. If the mayor's office becomes vacant before quadrennial elections are required to be held, the council must fill the vacant office. Page 135 BW NF CO mONInDN ont aN WHY KF CO 21 2325 27 City of Brisbane Bill 2010 Chapter 6 Administration Part 2 Councillors [s 159] (4) The council must fill the vacant office within 2 months after the office becomes vacant. (5) If the council does not do so, the Governor in Council may appoint a qualified person to fill the vacant office. (6) If a councillor's office (other than the mayor's office) becomes vacant within 3 months of when quadrennial elections are required to be held, the council may decide not to fill the vacant office. 159 'Filling a vacancy in the office of mayor (1) This section applies if the council is to fill a vacant office of a mayor. (2) The vacant office must be filled by— (a) (b) if the mayor's office becomes vacant 12 months or less before quadrennial elections are required to be held—appointing another councillor to the office; or otherwise—a by-election. 160 Acting mayor (1) The deputy mayor acts for the mayor during— (a) (b) (2) If (a) (b) Page 136 the absence or temporary incapacity of the mayor; or a vacancy in the office of mayor. the office of mayor is vacant and the deputy mayor is prevented, by absence or temporary incapacity, from acting as the mayor; or the mayor and deputy mayor are both prevented, by absence or temporary incapacity, from performing the role of mayor; or the offices of both the mayor and deputy mayor are vacant; CDIDMN PW NK Dn nkwW YN FO on 21 232629 (3) (4) (5) City of Brisbane Bill 2010 Chapter 6 Administration Part 2 Councillors [s 161] the council may, by resolution, appoint an acting mayor from its councillors. The council may, by resolution, declare that the office of deputy mayor is vacant. The resolution may be passed only if written notice of the resolution has been given to the councillors at least 14 days before the meeting. If the council declares that the office of deputy mayor is vacant, it must immediately appoint another deputy mayor from its councillors. Filling a vacancy in the office of another councillor d) (2) (3) (4) (5) (6) This section applies if the council is to fill a vacant office of a councillor (the former councillor) who is not the mayor. If the office becomes vacant during the beginning or middle of the council's term, the council must fill the vacant office by a by-election. If the office becomes vacant during the final part of the council's term, the vacant office must be filled by appointing a person who is— (a) qualified to be a councillor; and (b) if the former councillor was elected or appointed to office as a political party's nominee—the political party's nominee. If the person who is to be appointed is to be the political party's nominee, the chief executive officer must request the political party to advise the full name and address of its nominee. The request must be made by a written notice given to the political party's registered officer, within 14 days after the office becomes vacant. If the person who is to be appointed need not be a political party's nominee, the chief executive officer must, within 14 Page 137 Com NDN FW NK So COMAN ADAWNHK WN iS) Oo NNW WNre NNNN ANN wrywv laoeNome <) WwW Noe City of Brisbane Bill 2010 Chapter 6 Administration Part 2 Councillors [s 162] days after the office becomes vacant, invite nominations from— (a) (b) any person who is qualified to be a councillor, by written notice published— (i) in a newspaper that is circulating generally in Brisbane; and (ii) on the council's website; and each person who was a candidate for the office of the former councillor at the last quadrennial elections for the council, by written notice. (7) If the chief executive officer receives any nominations from qualified persons or candidates, the council must fill the vacant office by appointing one of those persons or candidates. Division 4 Councillors with other jobs 162 Councillors and council jobs If a person becomes a councillor while the person is a council employee, the person is taken to have resigned as a council employee on the day before the person becomes a councillor. 163 Councillors and full-time government jobs (1) A person can not be a councillor and have a full-time government job at the same time. (2) A person has a full-time government job if— (a) (b) Page 138 the person holds a full-time appointment with a government entity or the parliamentary service; and the person or someone else (including a family member, for example) is entitled to a reward because the person has the job. Com NYA AN BW NR BRWNrF CO n Oonmrn a 22 25 27 (3) (4) (5) (6) 7) City of Brisbane Bill 2010 Chapter 6 Administration Part 2 Councillors [s 163] Subsection (1) does not apply if— (a) the councillor, before accepting the full-time government job— (i) signs a waiver that irrevocably waives the entitlement to the reward; and (ii) gives a copy of the waiver to the mayor or, if the councillor is the mayor, to the chief executive officer; or (b) an Act expressly requires or allows the councillor to have the full-time government job (including by requiring the councillor to be a member of a board or tribunal, for example). If a councillor purports to accept an appointment in contravention of subsection (1), the appointment is void. If a person becomes a councillor while the person has a full-time government job, the person is taken to have resigned from the full-time government job on the day before the person became a councillor. This section does not stop a councillor from— (a) having a part-time government job; or (b) converting a full-time government job to a part-time government job, before the person becomes a councillor. If a full-time government job is converted to a part-time government job by a councillor, the conversion does not— (a) prejudice the councillor's existing or accrued rights to superannuation or recreation, sick, long service or other leave; or (b) interrupt continuity of the councillor's service; or (c) constitute a termination of employment, retrenchment or redundancy. Page 139 C0 AND NH WN C0 OINDN FW NYKO iS) Oo NW Noe NN BW Now ADU N oo wWhd ow City of Brisbane Bill 2010 Chapter 6 Administration Part 2 Councillors [s 164] Division 5 Obligations of councillors 164 Obligations of councillors before acting in office (1) Acouncillor must not act in office until the councillor makes the declaration of office. (2) The declaration of office is a declaration prescribed under a regulation. (3) The chief executive officer is authorised to take the declaration of office. (4) The chief executive officer must keep a record of the taking of the declaration of office. (5) A person ceases to be a councillor if the person does not comply with subsection (1) within— (a) 1 month after being appointed or elected; or (b) a longer period allowed by the Minister. 165 Giving directions to council staff (1) The mayor may give a direction to the chief executive officer or senior contract employees. (2) No councillor, including the mayor, may give a direction to any other council employee. 166 Requests for help or advice d) (2) Page 140 A councillor may request a council employee provide advice to help the councillor make a decision. The request must comply with— (a) the acceptable requests guidelines; and (b) _ if the request is made of a council employee, other than the chief executive officer—the advice guidelines. 0 ON AN BPW WV RW NF CO COM ND WN 22 24 26 (3) (4) (5) (6) 7) (8) (9) (10) d1) City of Brisbane Bill 2010 Chapter 6 Administration Part 2 Councillors [s 166] A councillor may request the chief executive officer provide information, that the council has access to, relating to the ward the councillor represents. The request must comply with the acceptable requests guidelines. The acceptable requests guidelines are guidelines, adopted by the council, about reasonable limits on requests that a councillor may make. The advice guidelines are guidelines, adopted by the council, about the way in which a councillor is to ask a council employee for advice to help the councillor to make a decision. Note— Section 239 provides requirements for the acceptable requests guidelines and advice guidelines. The council must, by resolution, adopt acceptable requests guidelines and advice guidelines. If a councillor requests a council employee provide advice other than under the advice guidelines, the employee must tell the chief executive officer about the request as soon as is practicable. In this section a council employee includes a person prescribed by regulation. Subsection (11) applies if— (a) a councillor makes a request of the chief executive officer under subsection (1) or (3); and (b) the request complies with the acceptable requests guidelines. The chief executive officer must make all reasonable endeavours to comply with the request. Maximum penalty for subsection (11)—10 penalty units. Page 141 C0 OAD NH WNe NY SCOmMYNI AN SPW NFO NW Noe N w Nw ns NW mon NW ow ww Oo City of Brisbane Bill 2010 Chapter 6 Administration Part 2 Councillors [s 167] Inspection of particular records by councillors (1) Acouncillor may view and make a copy of, or take an extract from, council records. Note— The Right to Information Act 2009 also provides for access to information. (2) Council records include documents created by or kept by the council about its operations, whether or not the records must be available to be viewed by the public. (3) Subsection (1) does not apply to any of the following— (a) arecord of the BCC councillor conduct review panel; (b) a record that would be privileged from production in a legal proceeding on the ground of legal professional privilege; (c) for a councillor who is not a member of a statutory committee of the council—a record of the statutory committee of the council; (d) another record if— (i) disclosure of the record would be contrary to an order of a court or tribunal; or (ii) release of the record could endanger the security of assets of the council or the public. Use of information by councillors (1) A person who is, or has been, a councillor must not use Page 142 information that was acquired as a councillor to— (a) gain, directly or indirectly, a financial advantage for the person or someone else; or (b) cause detriment to the council. Maximum penalty—100 penalty units or 2 _ years imprisonment. COAmAN AN FF WN eCorAINMNM FPWNHY KF CO NX ow NW NOR 25 27 30 City of Brisbane Bill 2010 Chapter 6 Administration Part 2 Councillors [s 169] (2) Subsection (1) does not apply to information that is lawfully available to the public. 169 Councillor's material personal interest at a meeting (1) This section applies if— (2) (3) (a) (b) (c) a matter is to be discussed at a meeting of the council, or any of its committees; and the matter is not an ordinary business matter; and a councillor has a material personal interest in the matter. Note— See the dictionary for the definition of an ordinary business matter. A councillor has a material personal interest in the matter if any of the following persons stands to gain a benefit, or suffer a loss, (either directly or indirectly) depending on the outcome of the consideration of the matter at the meeting— (a) (b) (c) (d) (e) (f) (g) the councillor; a spouse of the councillor; a parent, child or sibling of the councillor; a partner of the councillor; an employer (other than a government entity) of the councillor; an entity (other than a government entity) of which the councillor is a member; another person prescribed under a regulation. The councillor must— (a) (b) inform the meeting of the councillor's material personal interest in the matter; and leave the meeting room (including any area set aside for the public), and stay out of the meeting room while the matter is being discussed and voted on. Page 143 Noe om IA AN FS WW orn nan AWN KF OO \o Nw ro NN WN NY WN na NW on WNW COM City of Brisbane Bill 2010 Chapter 6 Administration Part 2 Councillors [s 169] (4) (5) (6) 7) Page 144 Maximum penalty— (a) if the councillor votes on the matter with an intention to gain a benefit, or avoid a loss, for the councillor or someone else—200 penalty units or 2. years imprisonment; or (b) otherwise—85 penalty units. However, a councillor does not contravene subsection (3) by taking part in the meeting, or being in the chamber where the meeting is being conducted, if— (a) the councillor is a person to whom approval is given under subsection (5); and (b) _ the councillor is complying with all conditions on which the approval is given. The Minister may, by signed notice, approve a councillor taking part in the meeting, or being in the chamber where the meeting is being conducted, if— (a) because of the number of councillors subject to the obligation under this section, conduct of the meeting would be obstructed if the approval were not given; or (b) it appears to the Minister to be in the interests of Brisbane that the approval be given. The Minister may give the approval subject to conditions stated in the notice. The following information must be recorded in the minutes of the meeting, and on the council's website— (a) _ the name of the councillor who has the material personal interest, or possible material personal interest, in a matter; (b) the nature of the material personal interest, or possible material personal interest, as described by _ the councillor; CAN DD NPWNY CAN DANK WN KO Nw ro NN WN Nw ns NNW ona Wwhd Re OowO City of Brisbane Bill 2010 Chapter 6 Administration Part 2 Councillors [s 170] (c) whether the councillor took part in the meeting, or was in the chamber during the meeting, under an approval under subsection (5). Councillor's conflict of interest at a meeting d) (2) (3) (4) This section applies if— (a) amatter is to be discussed at a meeting of the council, or any of its committees; and (b) a councillor has a conflict of interest, or could reasonably be taken to have a conflict of interest, in the matter. The councillor must inform the meeting about the councillor's interest in the matter. Maximum penalty—100 penalty units. A conflict of interest is a conflict between— (a) a councillor's personal interests (including personal interests arising from the councillor's relationships or club memberships, for example); and (b) _ the public interest; that might lead to a decision that is contrary to the public interest. If the other persons who are entitled to vote at the meeting are informed about a councillor's interest in a matter, by the councillor or someone else, the other persons must— (a) decide whether the councillor has a conflict of interest, or could reasonably be taken to have a conflict of interest, in the matter; and (b) if the other persons decide that is the case—direct the councillor to leave the meeting room (including any area set aside for the public), and stay out of the meeting room while the matter is being discussed and voted on. Page 145 WNrR Com AD Nn F eCorAINMNM FW NF CO NX ow NNW WNre NNN oe WNNN ounaNn City of Brisbane Bill 2010 Chapter 6 Administration Part 2 Councillors [s 171] (5) (6) 7) The councillor must comply with the decision, unless the councillor has a reasonable excuse. Maximum penalty—100 penalty units. Subsections (4) and (5) do not apply if a majority of the councillors at a meeting inform the meeting under subsection (2). The following must be recorded in the minutes of the meeting, and on the council's website— (a) the name of the councillor who has a conflict of interest, or could reasonably be taken to have a conflict of interest; (b) _ the nature of the interest, as described by the councillor; (c) if the councillor voted on the matter—how the councillor voted on the matter; (d) how the majority of persons who were entitled to vote at the meeting voted on the matter. 171 ~~ Duty to report another councillor's material personal interest, conflict of interest or misconduct d) (2) (3) Page 146 This section applies if a councillor knows, or suspects on reasonable grounds, that another councillor has— (a) a material personal interest, or conflict of interest, in a matter before the council; or (b) engaged in misconduct. The councillor must, as soon as is practicable, report to— (a) for a material personal interest or conflict of interest that arises at a meeting of the council, or any of its committees—the person who is presiding over the meeting; or (b) otherwise—the chief executive officer. A person commits an offence if the person— CON AUN W NR Dan BW N FO 22 24 2628 30 City of Brisbane Bill 2010 Chapter 6 Administration Part 2 Councillors [s 172] (a) prejudices, or threatens to prejudice, the safety or career of another person because that other person or someone else complied with subsection (2); or (b) intimidates or harasses, or threatens to intimidate or harass, another person because that other person or someone else complied with subsection (2); or (c) | takes any action that is, or is likely to be, detrimental to another person because that other person or someone else complied with subsection (2). Maximum penalty for subsection (3)—100 penalty units or 2 years imprisonment. 172 Post-election meetings (1) The council must hold a meeting within 14 days after— (a) the conclusion of each quadrennial election; and (b) the conclusion of a fresh election of its councillors. (2) The council must, by resolution, appoint a deputy mayor from its councillors (other than the mayor)— (a) at that meeting; and (b) at the first meeting after the office of the councillor who is the deputy mayor becomes vacant. Division 6 Conduct and performance of councillors 173 What this division is about (1) This division is about dealing with complaints about the conduct and performance of councillors, to ensure— (a) appropriate standards of conduct and performance are maintained; and (b) acouncillor who engages in misconduct is disciplined. Page 147 COPAY DANK WHR CO WOW NDND NN BP WN NX 25 27 City of Brisbane Bill 2010 Chapter 6 Administration Part 2 Councillors [s 173] (2) (3) (4) (5) Page 148 A councillor includes a person who is no longer a councillor but who was a councillor when the misconduct is alleged to have happened. Misconduct is conduct, or a conspiracy or attempt to engage in conduct, of or by a councillor— (a) that adversely affects, or could adversely affect, (either directly or indirectly) the honest and impartial performance of the councillor's responsibilities or exercise of the councillor's powers; or (b) that is or involves— (i) the performance of the councillor's responsibilities, or the exercise of the councillor's powers, in a way that is not honest or is not impartial; or (ii) a breach of the trust placed in the councillor; or (iii) a misuse of information or material acquired in or in connection with the performance of the councillor's responsibilities, whether the misuse is for the benefit of the councillor or someone else; or (c) that contravenes section 171(2). Inappropriate conduct is conduct that is not appropriate conduct for a representative of the council, but is not misconduct, including, for example— (a) a councillor failing to comply with the council's procedures; or (b) a councillor behaving in an offensive or repeatedly disorderly way in a meeting of the council or any of its committees. It is irrelevant whether the conduct that constitutes misconduct was engaged in— (a) within Queensland or elsewhere; or (b) when the councillor was not exercising the responsibilities of a councillor. COMPAID VS WNK COMPAID NAN PWNKF CO NX So NNW WNre NN ns NNW onan wn ow w jae WW WN (6) 7) (8) (9) (10) City of Brisbane Bill 2010 Chapter 6 Administration Part 2 Councillors [s 173] In summary, the process for reviewing complaints of misconduct or inappropriate conduct by councillors is as follows— ° assessing complaints—the chief executive officer assesses each complaint and refers the complaints to the relevant entity ° notifying the councillor of the hearing of a complaint of misconduct—the entity hearing the complaint notifies the councillor about the hearing of the complaint ° hearing and deciding complaints—the entity hearing the complaint decides whether or not the councillor engaged in the conduct complained of and, if so, what is the appropriate disciplinary action to be taken. The BCC councillor conduct review panel is a body, created under this Act, that is responsible for hearing and deciding a complaint of inappropriate conduct or misconduct by a councillor. The tribunal is a body created under the Local Government Act that, for the council, is responsible for hearing and deciding the most serious complaints of misconduct by a councillor. To remove any doubt, a councillor may be dealt with for an act or omission that constitutes misconduct under this Act, and also be dealt with for the same act or omission— (a) as the commission of an offence; or (b) under the Crime and Misconduct Act A decision under this division by any of the following persons is not subject to appeal— (a) the BCC councillor conduct review panel; (b) _ the tribunal; (c) the chief executive officer; (d) _ the chairperson of the council; Page 149 CAN DANK WNK NY SCOMmA ADDN WNF CO N — NNN BRWN NSN n wn NN on Ww WwW NY NF Oo 0 City of Brisbane Bill 2010 Chapter 6 Administration Part 2 Councillors [s 174] (e) acommittee chairperson. Note— See section 221 for more information. BCC councillors code of conduct d) (2) (3) (4) (5) (6) This section is about the BCC councillors code of conduct. The BCC councillors code of conduct is a code of conduct for councillors that, having regard to this Act, states examples of ethical and behavioural obligations for councillors. The council may adopt a BCC councillors code of conduct that is approved by the Minister. The Minister may approve a BCC councillors code of conduct only if the Minister is satisfied the code is consistent with this Act. If the council decides to adopt a BCC councillors code of conduct, the council must— (a) adopt, by resolution, the code of conduct within 6 months after each quadrennial election for the council; and (b) ensure a copy of the code of conduct may be— (i) viewed by the public at its public office or on its website; and (ii) purchased from the council's public office. A BCC councillors code of conduct adopted under this section has effect until the next BCC councillors code of conduct is adopted by the council. Assessing complaints d) Page 150 This section applies if the council, or the department's chief executive, makes or receives a complaint about the conduct or performance of a councillor. w 0 OND WN F CAD NHK WNrF CO \o Nw ro N N NNN On & W& 28 (2) (3) (4) (5) (6) 7) (8) (9) City of Brisbane Bill 2010 Chapter 6 Administration Part 2 Councillors [s 175] The council or department's chief executive must give written notice of the complaint to the chief executive officer. The chief executive officer must assess each complaint to decide whether the complaint— (a) is about a frivolous matter or was made vexatiously; or (b) is about inappropriate conduct, misconduct, official misconduct or another matter (including a general complaint against the council, for example). If the chief executive officer assesses that the complaint is about a frivolous matter or was made vexatiously, the chief executive officer may decide that no further action be taken in relation to the complaint. If the chief executive officer assesses that the complaint is about inappropriate conduct, the chief executive officer must refer the complaint to the BCC councillor conduct review panel. If the chief executive officer assesses that the complaint is about misconduct, the chief executive officer must refer the complaint to the BCC councillor conduct review panel. If the chief executive officer assesses that the complaint is about official misconduct under the Crime and Misconduct Act, the chief executive officer must deal with the complaint in accordance with that Act. If the chief executive officer assesses that the complaint is about another matter, the chief executive officer must deal with the complaint in an appropriate way. The chief executive officer must give the entity who made the complaint, and the accused councillor, a written notice that states— (a) _ the type of complaint that the chief executive officer has assessed the complaint as; and (b) _ the action (if any) that is proposed to be taken in relation to the complaint; and Page 151 COND MN PW NK COAN ANF W NFO NNNW WNrR oO NNN Nua Nwun 'oon WwW ro WwW WW Wn City of Brisbane Bill 2010 Chapter 6 Administration Part 2 Councillors [s 175] (10) dt) (12) (13) (14) Page 152 (c) if the complaint was about a frivolous matter or was made vexatiously—that it is an offence under subsection (10) for a person to make a complaint that is substantially about a matter that the chief executive officer has assessed as being frivolous or vexatious. A person must not make a complaint about the misconduct of a councillor if— (a) the complaint is substantially the same as a complaint that the person has previously made; and (b) _ the chief executive officer has given the person a notice that complies with subsection (9). Maximum penalty—10 penalty units. The chief executive officer must keep a record of— (a) all written complaints received by the chief executive officer; and (b) the outcome of each written complaint, including any disciplinary action or other action that was taken in relation to the complaint. The chief executive officer must ensure the public may view the record at the council's public office or on the council's website. However, subsection (12) does not apply to the record of a written complaint that— (a) _ the chief executive officer has assessed as being about a frivolous matter or as having been made vexatiously; or (b) is a public interest disclosure within the meaning of the Whistleblowers Protection Act 1994; or (c) is unsubstantiated. The chief executive officer must publish annually on the council's website the number and nature of written complaints that are unsubstantiated. Com AD NWHWNKE iS) SCO AND NB WN FO N — NN WN Nw ns NW mon N oo Wwhd Re OowO City of Brisbane Bill 2010 Chapter 6 Administration Part 2 Councillors [s 176] 176 Notifying councillor of the hearing of a complaint d) (2) (3) (4) If the chief executive officer refers a complaint to the BCC councillor conduct review panel, the panel must give the accused councillor a written notice that informs the councillor about the hearing of the complaint of misconduct. The notice must state— (a) the misconduct or inappropriate conduct that is alleged to have been engaged in by the councillor; and (b) _ the time and date when the hearing is to begin; and (c) | the place where the complaint is to be heard. The notice must be given to the councillor at least 7 days before the hearing is to begin. If all reasonable attempts to give the notice to the councillor have failed, the entity giving the notice may— (a) publish the notice, at least 7 days before the hearing is to begin— (i) in anewspaper that is circulating in Brisbane; and (ii) on the department's website; or (b) direct the council to publish the notice on its website at least 7 days before the hearing is to begin. 177 ~—Hearing and deciding complaints d) (2) (3) This section is about the hearing of a complaint of misconduct by the BCC councillor conduct review panel or tribunal. The BCC councillor conduct review panel or tribunal may hear complaints of misconduct by a number of councillors in the same hearing, unless the defence of any of the councillors may be prejudiced. The hearing must be conducted in the way set out in chapter 7, part 1. Page 153 C0 OND NHPWYNY CO WON AN FW NK CO NX 23 2527 29 City of Brisbane Bill 2010 Chapter 6 Administration Part 2 Councillors [s 178] (4) (5) (6) The BCC councillor conduct review panel or tribunal may decide all or part of the hearing from the documents brought before it, without the parties or the witnesses appearing, if— (a) the panel or tribunal considers it appropriate in all the circumstances; or (b) _ the parties agree. The standard of proof in the hearing is the balance of probabilities. The BCC councillor conduct review panel or tribunal must keep a written record of the hearing, in which it records— (a) the statements of the councillor and all witnesses; and (b) any reports relating to the councillor that are tendered at the hearing. 178 = Taking disciplinary action d) (2) Page 154 This section applies if, after hearing a complaint of misconduct, the BCC councillor conduct review panel or tribunal decides that the councillor engaged in misconduct. The BCC councillor conduct review panel may make any 1 or more of the following orders or recommendations that it considers appropriate in view of the circumstances relating to the misconduct— (a) an order that the councillor be counselled about the misconduct, and how not to repeat the misconduct; (b) an order that the councillor make an admission of error or an apology; (c) an order that the councillor participate in mediation with another person; (d) arecommendation to the department's chief executive to monitor the councillor or the council for compliance with the local government related laws. CAND NH WNe WN F Oo NY COM ANANDMN F 23 25 27 29 (3) (4) (5) (6) City of Brisbane Bill 2010 Chapter 6 Administration Part 2 Councillors [s 178] However, if the BCC councillor conduct review panel considers that more serious disciplinary action should be taken, the panel must report the matter to the tribunal for the tribunal to take disciplinary action. The tribunal may make any order or recommendation that it considers appropriate in view of the circumstances relating to the misconduct. For example, the tribunal may make any | or more of the following orders or recommendations— (a) an order that the councillor be counselled about the misconduct, and how not to repeat the misconduct; (b) an order that the councillor make an admission of error or an apology; (c) an order that the councillor participate in mediation with another person; (d) arecommendation to the department's chief executive to monitor the councillor or the council for compliance with the local government related laws; (e) an order that the councillor reimburse the council; (f) | arecommendation to the Minister that the councillor be suspended for a specified period, either wholly or from performing particular functions; Examples of particular functions— ¢ attending council meetings or offices * representing the council at public functions (g) a recommendation to the Crime and Misconduct Commission or the Commissioner of Police that the councillor's conduct be further investigated. A recommendation mentioned in subsection (5)(f) may include a recommendation about the details of the suspension. Example of a recommendation about the details of a suspension— that the suspension be with or without pay Page 155 COM ANADN FPWNK CAND NHK WN FO NN Ww NRO NNN an & WwW NNW ona whd ow Ww WwW Noe City of Brisbane Bill 2010 Chapter 6 Administration Part 2 Councillors [s 179] (7) (8) (9) When deciding what disciplinary action is appropriate in view of the circumstances relating to the misconduct, the BCC councillor conduct review panel or tribunal may consider— (a) any misconduct of the councillor in the past; and (b) any allegation made in the hearing that was admitted, or was not challenged. However, the BCC councillor conduct review panel or tribunal may consider an allegation that was not admitted, or was challenged, only if the BCC councillor conduct review panel or tribunal is satisfied that the allegation is true. The degree to which the BCC councillor conduct review panel or tribunal must be satisfied depends on the consequences, that are adverse to the councillor, of finding the allegation to be true. 179 Costs of tribunal to be paid by council The council must pay the costs of the tribunal in relation to a complaint of misconduct of a councillor, including the remuneration, allowances and expenses paid to members of the tribunal. 180 Inappropriate conduct in meeting of council d) (2) Page 156 This section applies to the chairperson of the council or a committee chairperson in addition to any powers they may have under the council's rules of procedure. If inappropriate conduct happens in a meeting of the council or its committees, the chairperson of the meeting may make any | or more of the following orders that the chairperson considers appropriate in the circumstances— (a) an order that the councillor's inappropriate conduct be noted in the minutes of the meeting; (b) an order that the councillor leave the place where the meeting is being held (including any area set aside for COAN DUNN FF WNe BRWNr CO CWMOAIHD WN 222527 29 31 City of Brisbane Bill 2010 Chapter 6 Administration Part 3 BCC councillor conduct review panel [s 181] the public), and stay out of the place for the rest of the meeting; (c) an order that a councillor who fails to leave the place where the meeting is being held when ordered to do so, be removed from the place. 181 Application of Crime and Misconduct Act d) (2) Part 3 The council is a unit of public administration for the Crime and Misconduct Act. For any complaint of, or information or matter involving, misconduct by a councillor, a reference to a public official in the Crime and Misconduct Act, section 46(2), is taken to be a reference to— (a) the department's chief executive; or (b) the chief executive officer. BCC councillor conduct review panel 182 Appointing members of the BCC councillor conduct review panel d) (2) The BCC councillor conduct review panel is constituted by at least 3 members that the council chooses from a pool of members appointed, by resolution, by the council. A person is qualified to be a member of the pool of members only if the person— (a) has extensive knowledge of, and experience in, 1 or more of the following— (i) local government; (ii) community affairs; Page 157 MBW NF ona 1114 16 18 2023 25 27 City of Brisbane Bill 2010 Chapter 6 Administration Part 3 BCC councillor conduct review panel [s 182] (3) (4) (5) (6) Page 158 (b) (iii) investigations; (iv) law; (v) public administration; (vi) public sector ethics; (vii) public finance; or has the other qualifications and experience that the council considers appropriate. However, a person is not qualified to be a member of the pool of members if the person— (a) (b) (c) (d) (e) (f) (g) (h) (i) @) (k) @) is a councillor of a local government; or is a nominee for election as a councillor; or accepts an appointment as a councillor; or is an employee of the council; or is a contractor of the council; or is a consultant engaged by the council; or is a member of an Australian Parliament; or is a nominee for election as a member of an Australian Parliament; or is a member of a political party; or has a conviction for an indictable offence that is not an expired conviction; or is an insolvent under administration (within the meaning of the Corporations Act, section 9); or is a type of person prescribed under a regulation. A member may be appointed for a term of not longer than 4 years. However, a member may be reappointed. A person stops being a member if the person— (a) completes a term of office but is not reappointed; or Com ND nN FP WN CN Dn FB wWN KF OC \o NW reo NN WN N BSG NN nn NY wv' N o won City of Brisbane Bill 2010 Chapter 6 Administration Part 3 BCC councillor conduct review panel [s 183] (b) resigns by signed notice of resignation given to the council; or (c) is removed as a member by the council for misbehaviour or physical or mental incapacity; or (d) is not qualified to be a member under subsection (3). Remuneration and appointment conditions of members (1) A member of the BCC councillor conduct review panel is entitled to be paid the remuneration and allowances decided by the council. (2) A member of the BCC councillor conduct review panel holds office on the other conditions that the council decides. Conflict of interests (1) This section applies if a member of the BCC councillor conduct review panel has any interest that may conflict with a fair and impartial hearing of a complaint made against an accused council or. (2) The member must not take part, or take further part, in any consideration of the matter. Maximum pena (3) As soon as prac this section app the council. Maximum pena ty—35 penalty units. ticable after the member becomes aware that ies to the member, the member must inform ty for subsection (3)—35 penalty units. Page 159 nA BW Ne Oonmrn a City of Brisbane Bill 2010 Chapter 6 Administration Part 4 Council employees [s 185] Part 4 Council employees Division 1 Chief executive officer 185 Appointing a chief executive officer d) (2) (3) (4) The council must appoint a qualified person to be the council's chief executive officer. A person is qualified to be the chief executive officer if the person has the ability, experience, knowledge and skills that the council considers appropriate, having regard to the responsibilities of a chief executive officer. A person who is appointed as the chief executive officer must enter into a written contract of employment with the council. The contract of employment must provide for— (a) the chief executive officer to meet performance standards set by the mayor; and (b) the chief executive officer's conditions of employment (including remuneration). 186 Appointing an acting chief executive officer Page 160 The council may appoint a qualified person to act as the chief executive officer during— (a) any vacancy, or all vacancies, in the position; or (b) any period, or all periods, when the chief executive officer is absent from duty or can not, for another reason, perform the chief executive officer's responsibilities. COMAND NH W Dan BW N FO \o 2224 City of Brisbane Bill 2010 Chapter 6 Administration Part 4 Council employees [s 187] Division 2 Other council employees Appointing senior contract employees d) (2) (3) (4) The council must appoint qualified persons to be the council's senior contract employees. A person is qualified to be a senior contract employee if the person has the ability, experience, knowledge and skills that the council considers appropriate, having regard to the responsibilities of the senior contract employee. A person who is appointed as a senior contract employee must enter into a written contract of employment with the council. The contract of employment must provide for— (a) the senior contract employee to meet performance standards set by the mayor; and (b) the senior contract employee's conditions of employment (including remuneration). Appointing other council employees d) (2) (3) (4) The council must adopt, by resolution, an organisational structure that is appropriate to the performance of the council's responsibilities. The council may employ council employees for the performance of the council's responsibilities. The chief executive officer must appoint the council employees, other than senior contract employees. A council employee is employed on— (a) the conditions contained in any relevant industrial instrument; and (b) any other conditions that the council decides. Page 161 0 OADM FW WV nak WN - © oOonmrn a 23 26 City of Brisbane Bill 2010 Chapter 6 Administration Part 4 Council employees [s 189] 189 Disciplinary action against council employees (1) The chief executive officer is the only person who may take disciplinary action against a council employee. (2) A regulation may prescribe when the chief executive officer may take, and the types of, disciplinary action. (3) If the chief executive officer takes disciplinary action against a council employee, the council employee may appeal against the decision to the entity prescribed under a regulation. Division 3 Common provisions 190 Concurrent employment of council employees (1) This section applies to all council employees, including the chief executive officer. (2) A council employee may be employed by more than 1 local government at the same time, if each of the local governments agree. 191. Improper conduct by council employees d) (2) (3) Page 162 This section applies to all council employees, including the chief executive officer. A council employee includes— (a) an employee of a corporate entity; and (b) acontractor of the council; and (c) atype of person prescribed under a regulation. A council employee must not ask for, or accept, a fee or other benefit for doing something as a council employee. Maximum penalty— (a) for an employee of a corporate entity—500 penalty units or 5 years imprisonment; or CAD NANAK WN ABW NRF © 0 OND 2124 27 (4) (5) City of Brisbane Bill 2010 Chapter 6 Administration Part 4 Council employees [s 192] (b) for any other council employee—100 penalty units or 2 years imprisonment. However, subsection (3) does not apply to— (a) remuneration paid by the council; or (b) a benefit that has only a nominal value. A council employee must not unlawfully destroy or damage property of the council. Maximum penalty for subsection (5)—100 penalty units or 2 years imprisonment. Use of information by council employees d) (2) (3) (4) (5) This section applies to all council employees, including the chief executive officer. A council employee includes— (a) an employee of a corporate entity; and (b) acontractor of the council; and (c) atype of person prescribed under a regulation. A person who is, or has been, a council employee must not use information acquired as a council employee to— (a) gain (directly or indirectly) an advantage for the person or someone else; or (b) cause detriment to the council. Maximum penalty— (a) for an employee of a corporate entity—500 penalty units or 5 years imprisonment; or (b) for any other council employee—100 penalty units or 2 years imprisonment. The council includes a corporate entity of the council. Subsection (3) does not apply to information that is lawfully available to the public. Page 163 Com AND UN FW NK SCO WON DN BW NF CO Nw WY oe NN BW NN nn N ~ NN \o 0 City of Brisbane Bill 2010 Chapter 6 Administration Part 4 Council employees [s 193] (6) 7) (8) (9) If an employee of a corporate entity contravenes subsection (3), the corporate entity may recover from the employee, as a debt due to the corporate entity— (a) if anyone made a _ profit because of _ the contravention—an amount equal to the profit; and (b) if the corporate entity suffered loss or damage because of the contravention—an amount equal to the loss or damage. The amount may be recovered from the employee whether or not the employee has been convicted of an offence in relation to the contravention. Subsection (6) applies in addition to, and does not limit, the Criminal Proceeds Confiscation Act 2002. A person who is, or has been, a council employee must not release information that the person knows, or should reasonably know, is information that— (a) is confidential to the council; and (b) _ the council wishes to keep confidential. Maximum penalty for subsection (9)— (a) for an employee of a corporate entity—500 penalty units or 5 years imprisonment; or (b) for any other council employee—100 penalty units or 2 years imprisonment. 193 Annual report must detail remuneration Page 164 The annual report of the council must state— (a) _ the total remuneration packages that are payable (in the year to which the annual report relates) to the chief executive officer and senior contract employees; and (b) the number of senior contract employees who are being paid each of the total remuneration packages. C0 OAD NH WNe on AN WN KO \o Nw ro NN WN 25 2730 Part 5 City of Brisbane Bill 2010 Chapter 6 Administration Part 5 Authorised persons [s 194] Examples of the detail for the annual report— ¢ — 1 senior contract employee with a total remuneration package in the range of $100000-$199000 ¢ 2 senior contract employees with a total remuneration package in the range of $200000-$299000 ¢ — 1 senior contract employee with a total remuneration package in the range of $300000-$500000 Authorised persons 194 Appointing authorised persons d) (2) (3) (4) The chief executive officer may appoint a qualified person to be an authorised person. A person is qualified to be an authorised person if the person— (a) has the competencies— (i) that the chief executive officer considers are necessary to perform the responsibilities that are required to be performed by the authorised person; or (ii) prescribed under a regulation; and (b) is either— (i) anemployee of the council; or (ii) another type of person prescribed under a regulation. The appointment of an authorised person must state the provisions of this Act for which the authorised person is appointed. An authorised person's appointment is subject to the conditions stated in— Page 165 AD NMS WN CO ANDN FP WN KO NY WY rr Oo NN WN NNW Nuns NN on City of Brisbane Bill 2010 Chapter 6 Administration Part 5 Authorised persons [s 195] (a) (b) (c) the document that appoints the authorised person; or a written notice given to the authorised person by the chief executive officer; or a regulation. 195 End of appointment of authorised persons (1) A person stops being an authorised person— (2) (3) (a) (b) (c) at the end of the term of appointment stated in the document that appointed the authorised person; or if the authorised person gives the council a signed notice of resignation; or if it is a condition of the authorised person's appointment that the authorised person hold another position at the same time—if the authorised person stops holding the other position. If it is a condition of the authorised person's appointment that the authorised person hold another position at the same time, a notice of resignation acts as a notice of resignation for both positions. This section does not limit the ways in which an authorised person's appointment ends. 196 Identity card for authorised persons (1) The chief executive officer must give each authorised person an identity card. (2) This section does not stop a single identity card being issued to a person for this Act and for another purpose. (3) Page 166 A person who stops being an authorised person must return the person's identity card to the chief executive officer, within 21 days after stopping being an authorised person, unless the person has a reasonable excuse. Maximum penalty for subsection (3)—10 penalty units. BR WN CoO mOrNI nN SCO ONDN PWNrF CO NX 23 25 2729 City of Brisbane Bill 2010 Chapter 6 Administration Part 5 Authorised persons [s 197] Authorised persons must disclose change in criminal history d) (2) This section applies if there is a change in the criminal history of an authorised person (including acquiring a criminal history, for example). The authorised person must, as soon as practicable after the change, disclose to the chief executive officer the details of the change, unless the person has a reasonable excuse. Maximum penalty—100 penalty units. Chief executive officer may obtain report from police commissioner d) (2) (3) The chief executive officer may ask the police commissioner to give the chief executive officer the following information about an authorised person— (a) a written report about the person's criminal history; (b) a brief description of the circumstances of a conviction mentioned in the person's criminal history. The police commissioner must comply with the request. However, the duty imposed on the police commissioner applies only to information in the commissioner's possession or to which the commissioner has access. Use of criminal history information d) (2) (3) This section is about the use of criminal history information. Criminal history information is information about the criminal history of an authorised person obtained under section 197 or 198. The department's chief executive may make guidelines for dealing with criminal history information to ensure— (a) natural justice is afforded to the authorised persons to whom the criminal history information relates; and Page 167 CO OND NPW NK SCO WAND MN PWN KO Nw — 23 2528 30 City of Bri Chapter 7 sbane Bill 2010 Other provisions Part 1 Way to hold a hearing [s 200] (b) only relevant criminal history information is considered in assessing the suitability of an authorised person to exercise a power under a local government related law; and (c) decisions based on criminal history information are made consistently. (4) The chief executive officer must comply with the guidelines. (5) A person who has, or will have, a duty to disclose under section 197 may request a copy of the guidelines from the department. (6) The chief executive officer must not use criminal history information for any purpose other than for assessing the suitability of an authorised person to exercise a power under a local government related law. Maximum penalty for subsection (6)—100 penalty units. Chapter 7 Other provisions Part 1 Way to hold a hearing What this part is about (1) This part sets out the way to hold a hearing under this Act. (2) The person or other entity that is conducting the hearing is called the investigator in this part. Procedures at hearing (1) When conducting a hearing, the investigator must— Page 168 (a) observe natural justice; but Com NY DN BWNK — So aa BRWNF e n 21 23 City of Brisbane Bill 2010 Chapter 7 Other provisions Part 1 Way to hold a hearing [s 202] (b) act as quickly and informally as is consistent with a fair and proper consideration of the issues raised in the hearing. (2) For example, the investigator may— (a) act in the absence of a person who has been given reasonable notice of the hearing; or (b) receive evidence by statutory declaration; or (c) refuse to allow a person to be represented by a legal practitioner; or (d) disregard the rules of evidence; or (e) disregard any defect, error, omission or insufficiency in a document; or (f) allow a document to be amended; or (g) adjourn a hearing. (3) However, the investigator must comply with any procedural rules prescribed under a regulation. (4) A hearing is not affected by a change of the members of an entity that is the investigator. Witnesses at hearings (1) The investigator may require a person, by giving them a written notice, to attend a hearing as a witness in order to— (a) give evidence; or (b) produce specified documents. (2) The person must— (a) attend at the time and place specified in the notice; and (b) continue to attend until excused by the investigator; and (c) take an oath or make an affirmation if required by the investigator; and Page 169 Com A DN FF WNe CN ann FW NF CO 21 232528 City of Bri isbane Bill 2010 Chapter 7 Other provisions Part 1 Way to hold a hearing [s 203] (d) answer a question that the person is required to answer by the investigator, unless the person has a reasonable excuse; and (e) produce a document that the person is required to produce by the investigator, unless the person has a reasonable excuse. Maximum penalty—35 penalty units. (3) A person has a reasonable excuse for failing to answer a question or produce a document if answering the question or producing the document might tend to incriminate the person. (4) A person who attends as a witness is entitled to— Page 170 (a) the witness fees that are prescribed under a regulation; or (b) if no witness fees are prescribed, the reasonable witness fees decided by the investigator. Contempt at hearing A person must not— (a) insult the investigator in a hearing; or (b) deliberately interrupt a hearing; or (c) take part in a disturbance in or near a place where the investigator is conducting a hearing; or (d) do anything that would be a contempt of court if the investigator were a court. Maximum penalty—S0 penalty units. Com A DNL WNeK nak WN FF CO onan 21 23 Part 2 City of Brisbane Bill 2010 Chapter 7 Other provisions Part 2 Superannuation [s 204] Superannuation What this part is about This part is about superannuation for certain persons who are connected to the council. Super scheme for councillors d) (2) (3) (4) (5) The council may, for its councillors— (a) establish and amend a superannuation scheme; or (b) _ take part in a superannuation scheme. If it does so, the council may pay an amount from its operating fund to the superannuation scheme as a contribution for the councillors. However, the council must not make contributions to the superannuation scheme for a person who is no longer a councillor. A councillor may enter into an arrangement with the council under which— (a) the councillor agrees to forgo a percentage or amount of the remuneration that the councillor is entitled to as a councillor; and (b) the council agrees to contribute the percentage or amount to the superannuation scheme for the councillor. A superannuation scheme is a superannuation scheme that complies with the Commonwealth Super Act. Superannuation scheme for council employees and associated persons d) The superannuation scheme for council employees under the repealed City of Brisbane Act, section 25E continues in existence under this Act. Page 171 RW oMmrnNnnann COmAN AN FWN KF CO Nw re Oo NN WN 25 27 City of Brisbane Bill 2010 Chapter 7 Other provisions Part 3 Allocating Commonwealth funding to council [s 207] (2) (3) (4) (5) The council may, for council employees and associated persons— (a) establish and amend a superannuation scheme; or (b) _ take part in a superannuation scheme. If it does so, the council may pay an amount from the operating fund to the superannuation scheme as a contribution for the council employees and associated persons. An associated person is the spouse of a council employee, or another person prescribed under a regulation. A superannuation scheme is a superannuation scheme that complies with the Commonwealth Super Act. 207 Super schemes to be audited by auditor-general d) (2) Part 3 This section applies to the following superannuation schemes— (a) the superannuation scheme continued under section 206(1); (b) another superannuation scheme established or amended by the council under section 205(1)(a) or 206(2)(a). The audit of the superannuation scheme that is required under the Commonwealth Super Act must be carried out by the auditor-general. Allocating Commonwealth funding to council 208 Allocating Commonwealth funding d) Page 172 The grants commission is a body that is created under the Local Government Act to perform the responsibilities of a Com ANDN HW NR POO OI AN FW WY Nw 23 26 City of Brisbane Bill 2010 Chapter 7 Other provisions Part 4 Legal provisions [s 209] Local Government Grants Commission under the Local Government (Financial Assistance) Act. Note— Under section 228(2) of the Local Government Act, the grants commission and the Minister must comply with the Local Government (Financial Assistance) Act. (2) The Minister must not distribute to the council an amount equal to notional GST if the council has not paid the notional GST. (3) Notional GST is an amount that a local government may pay under the GST and Related Matters Act 2000, section 5. (4) The Minister must table in the Legislative Assembly the grants commission's recommendations about the allocation of funding to the council. 209 Decisions under this division are not subject to appeal A decision of the grants commission or the Minister is not subject to appeal. Note— See section 221 for more information. Part 4 Legal provisions 210 ~—' False or misleading information (1) A person commits an offence if the person gives information for this Act (either orally or in a document), that the person knows is false or misleading in a material particular, to any of the following persons— (a) the Minister; (b) the department's chief executive; Page 173 COmMAANY ANH W NK BRWN FO COoWANDHD WN 2325 27 City of Brisbane Bill 2010 Chapter 7 Other provisions Part 4 Legal provisions [s 211] (2) (c) the chief executive officer; (d) an authorised person; (e) the change commission; (f) the BCC councillor conduct review panel; (g) _ the tribunal; (h) _ the grants commission. Maximum penalty—100 penalty units. However, the person does not commit an offence in relation to information in a document if, when the person gives the document to the other person— (a) the person tells the other person that the document is false or misleading, and in what respect the document is false or misleading; and (b) _ if the person has, or can reasonably obtain, the correct information—the person gives the other person the correct information. 211 Administrators who act honestly and without negligence are protected from liability d) (2) Page 174 A constituter of the council is not civilly liable for an act done, or omission made, honestly and without negligence by the council or the constituter, as a constituter of the council— (a) in the administration of this Act; or (b) in the exercise, or intended exercise, of any of the council's powers under this Act. A constituter of the council is— (a) the head of the council, when constituting the council; or (b) acouncillor, when constituting the council. CoOmAANI DUN FP WN DANnk WNK CO on 22 24 27 (3) (4) (5) (6) 7) (8) City of Brisbane Bill 2010 Chapter 7 Other provisions Part 4 Legal provisions [s 211] A State administrator or council administrator is not civilly liable for an act done under this Act, or omission made under this Act, honestly and without negligence. A State administrator is— (a) the Minister; or (b) the department's chief executive; or (c) an authorised officer; or (d) amember of the change commission; or (e) amember of the grants commission; or (f) amember of the BCC councillor conduct review panel; or (g) amember of the tribunal; or (h) a person acting under the direction of a person mentioned in paragraph (a), (b) or (c). A council administrator is— (a) acouncillor, when acting other than in the capacity of a constituter of the council; or (b) _ the chief executive officer, when acting other than in the capacity of a constituter of the council; or (c) an authorised person; or (d) another council employee. If subsection (3) prevents civil liability attaching to a State administrator, liability attaches instead to the State. If subsection (3) prevents civil liability attaching to a council administrator, liability attaches instead to the council. The protection given under this section is in addition to any other protection given under another law or Act (including the Whistleblowers Protection Act 1994, for example). Page 175 omni nn fF WNe Com AD NWN FW NY KO NY WY rr Oo NN WN Nw ns NNW ona City of Brisbane Bill 2010 Chapter 7 Other provisions Part 4 Legal provisions [s 212] 212 Whois authorised to sign council documents The following persons may sign a document on behalf of the council— (a) the head of the council; (b) a delegate of the council; (c) acouncillor or council employee who is authorised by the head of the council, in writing, to sign documents. Note— See section 233 for the council's power to delegate. 213 Name in proceedings by or against council d) (2) Any proceedings by the council must be started in the name of the council. Any proceedings against the council must be started against the council in its name. 214 Service of documents on council A document is properly served on the council if it is given to the chief executive officer in a way that is authorised by law. 215 Substituted service d) (2) Page 176 If an owner of rateable land is known to be absent from the State, the council may serve a document on the owner by serving the document on the owner's agent in the State. If— (a) the council must serve a document on a person who owns or occupies a property; but (b) the council does not know, or is uncertain about, the person's current address; the council may serve the document by publishing a notice that contains a copy of the document in a newspaper that is CWAID NN BP WN RW NF © NYDN WN 21 24 26 28 (3) City of Brisbane Bill 2010 Chapter 7 Other provisions Part 4 Legal provisions [s 216] circulating generally throughout the State, in the gazette and on the council's website. The notice must be addressed to— (a) if the council knows the person's name—the person by name; or (b) if the council does not know the person's name—the 'owner' or 'occupier' at the property's address. 216 Local government related laws requiring a statement of a law A provision of a local government related law, that requires a document to contain a statement of a relevant provision of law, is taken to be complied with if the document states that particulars of the relevant provision may be— (a) obtained, free of charge, on application to the council; or (b) viewed at an identified website. 217 ~= Acting for council in legal proceedings d) (2) (3) In any proceedings, the chief executive officer, or another employee authorised in writing by the council— (a) may give instructions and act as the authorised agent for the council; and (b) may sign all documents for the council. The council must pay the costs incurred by the chief executive officer or other employee in any proceedings. If the Attorney-General could take proceedings on behalf of the council to ensure compliance with a local government related law, the council may take the proceeding in its own name. Page 177 NAD NHR W NK \o oo Nn NB WNrFO 21 24 2628 City of Brisbane Bill 2010 Chapter 7 Other provisions Part 4 Legal provisions [s 218] 218 Attempt to commit offence A person who attempts to commit an offence against this Act commits an offence and, on conviction, is liable to the same penalties as if the person had committed the offence. 219 Types of offences under this Act d) (2) (3) (4) (5) Page 178 An offence against this Act that has a penalty of more than 2 years imprisonment, is an indictable offence that is a misdemeanour. Any other offence against this Act is a summary offence. A proceeding for an indictable offence may be taken, at the prosecution's election— (a) by way of summary proceedings under the Justices Act 1886; or (b) on indictment. A magistrate must not hear an indictable offence summarily if— (a) at the start of the hearing, the defendant asks that the charge be prosecuted on indictment; or (b) the magistrate considers that the charge should be prosecuted on indictment. If subsection (4) applies— (a) the magistrate must proceed by way of an examination of witnesses for an indictable offence; and (b) a plea of the person charged at the start of the proceeding must be disregarded; and (c) evidence brought in the proceeding before the magistrate decided to act under subsection (4) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and BRWN 0 OAD WN CO ON DUN FF WN KO NY WwW — NN WN Nw ns Nwnwy COWND (6) 7) (8) City of Brisbane Bill 2010 Chapter 7 Other provisions Part 4 Legal provisions [s 220] (d) before committing the person for trial or sentence, the magistrate must make a statement to the person as required by the Justices Act 1886, section 104(2)(b). The maximum penalty that may be summarily imposed for an indictable offence is 100 penalty units or 1 year's imprisonment. A proceeding must be before a magistrate if it is a proceeding— (a) for the summary conviction of a person on a charge for an indictable offence; or (b) for an examination of witnesses for a charge for an indictable offence. However, if a proceeding for an indictable offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991. Time to start proceedings in a summary way Proceedings for an offence against this Act that are to be heard in a summary way under the Justices Act 1886 must be started— (a) within 1 year after the offence was committed; or (b) within 6 months after the offence comes to the complainant's knowledge, but within 2 years after the offence was committed. Decisions not subject to appeal d) If a provision of this Act declares a decision to be not subject to appeal, that means the decision— (a) can not be appealed against, challenged, reviewed, quashed, set aside, or called into question in any way Page 179 C0 ONY DNL WNeK NAUDAWNWKRW NK CO 21 2428 30 City of Brisbane Bill 2010 Chapter 7 Other provisions Part 4 Legal provisions [s 222] (including under the Judicial Review Act, for example); and (b) is not subject to any writ or order of a court on any ground. Examples— 1 A person may not bring any proceedings for an injunction to stop conduct that is authorised by the decision. 2 A person may not bring any proceedings for a declaration about the validity of conduct that is authorised by the decision. (2) A decision includes— (a) conduct related to making the decision; and (b) a failure to make a decision. (3) A court includes a tribunal or another similar entity. 222 ~~ Judges and other office holders not disqualified from adjudicating A judge, magistrate, justice or presiding member of a tribunal is not disqualified from adjudicating in any proceedings to which the council is a party only because the person is, or is liable to be, a ratepayer of the council. 223 ~+~Where fines are to be paid to (1) This section applies if, in proceedings brought by the council for an offence against a local government related law, the court imposes a fine. (2) The fine must be paid to the council's operating fund, unless the court ordered the fine to be paid to a person. 224 ~=Evidence of local laws (1) In any proceedings, a certified copy of a local law or consolidated version of a local law is evidence of the content of the local law or consolidated version of the local law. Page 180 Om AD NN PW NE Ww NF Oo OWMND WF 2225 28 City of Brisbane Bill 2010 Chapter 7 Other provisions Part 4 Legal provisions [s 225] (2) A certified copy of a local law or consolidated version of a local law is a copy that has been certified by the chief executive officer to be the local law or consolidated version as made by the council. (3) In any proceedings, a copy of the gazette that contains a notice of making a local law is— (a) (b) evidence of the content of the notice; and evidence that the local law has been properly made. (4) In any proceedings, the competence of the council to make a particular local law is presumed unless the matter is raised. Evidence of proceedings of council (1) This section applies to a document that— (a) (b) (c) purports to be a copy of an entry in a record of the proceedings of— (i) the council; or (ii) acommittee of the council; and purports to have been signed at the time when the entry was made by— (i) the mayor; or (ii) the chairperson of the council; or (iii) for a committee of the council—the committee chairperson; and is certified by the chief executive officer to be a true copy of the document. (2) The document is evidence— (a) (b) of the proceedings; and that the proceedings were properly held. Page 181 Co WN DN FWNK So © MAN DN FW NY NX So NW NOR NN BW NY wv WN NnW City of Brisbane Bill 2010 Chapter 7 Other provisions Part 4 Legal provisions [s 226] Evidentiary value of copies (1) This section applies to a copy of a document that— (a) purports to be made under the authority of the council or mayor; and (b) purports to be verified by the mayor or an employee who is authorised by the council. (2) The copy of the document is evidence in any proceedings as if the copy were the original of the document. Evidentiary value of certificates (1) This section applies to a certificate that— (a) purports to be about the state of, or a fact in, a record of the council; and (b) purports to be signed by the chief executive officer. (2) The certificate is evidence of the matters contained in the certificate. Evidence of directions given to council (1) This section applies to a document that— (a) purports to be a direction that the Minister, or the department's chief executive, gave to the council under this Act; and (b) purports to be certified by or for the Minister, or the department's chief executive, to be a true copy of the direction. (2) The document is evidence of— (a) _ the giving of the direction; and (b) the matters contained in the direction. Page 182 ONY AN FW NY Fe nk Ww NF CO NX CcoOMmMm ND 2225 City of Brisbane Bill 2010 Chapter 7 Other provisions Part 5 Delegation of powers [s 229] 229 Evidence of complainant's knowledge of matter In a complaint starting proceedings, a statement that the matter of the complaint came to the complainant's knowledge on a stated day is evidence of the matter. 230 Constitution and limits of council need not be proved It is not necessary for the plaintiff in any proceedings started by, for or against the council to prove— (a) the council's constitution; or (b) the boundaries of Brisbane; or (c) the boundaries of a ward of Brisbane. Part 5 Delegation of powers 231 Delegation of Minister's powers (1) The Minister may delegate the Minister's powers under this Act to an appropriately qualified person. (2) However, the Minister must not delegate a power under section 40. 232 Delegation of department's chief executive's powers The department's chief executive may delegate the chief executive's powers under this Act, or a local law, to an appropriately qualified person. 233 Delegation of council powers (1) The council may, by resolution, delegate a power under this Act or another Act to— (a) the mayor; or Page 183 BRWN omrninn Dun BW WN ~ 23 City of Brisbane Bill 2010 Chapter 7 Other provisions Part 5 Delegation of powers [s 234] (2) (3) (b) the chief executive officer; or (c) astanding committee or joint standing committee; or (d) another local government, for the purposes of a joint government activity; or (e) acouncillor, for the purpose of exercising a power as a shareholder in relation to a corporate entity. However, the council must not delegate a power that an Act states must be exercised by resolution. A joint standing committee is a committee consisting of councillors of the council and other local governments. 234 Delegation of chief executive officer's powers d) (2) A chief executive officer may delegate the chief executive officer's powers to an appropriately qualified employee or contractor of the council. However, the chief executive officer must not delegate the following powers— (a) a power delegated by the council, if the council has directed the chief executive officer not to further delegate the power; (b) a power to keep a register of interests; (c) | the power to sign a drafting certificate for a local law. 235 Council delegations register d) (2) Page 184 The chief executive officer must establish a register of delegations that contains the particulars prescribed under a regulation. The chief executive officer must record all delegations by the council, mayor or the chief executive officer in the register of delegations. © ON DAN FW NY So CAN DAN PWN NY WwW re Oo 2427 City of Brisbane Bill 2010 Chapter 7 Other provisions Part 6 Other provisions [s 236] (3) The chief executive officer must ensure the public may view the register at the council's public office or on the council's website. Part 6 Other provisions 236 Public office of the council (1) The council must keep premises for use as a public office. (2) The public office must be in Brisbane. 237 ~—Powers in support of responsibilities (1) This section applies if the council is required or empowered to perform a responsibility under a local government related law. (2) The council has the power to do anything that is necessary or convenient for performing the responsibilities. (3) The powers include all the powers that an individual may exercise, including for example— (a) power to enter into contracts; and (b) power to acquire, hold, deal with and dispose of property; and (c) power to charge for a service or facility, other than a service or facility for which a cost-recovery fee may be fixed. 238 Validity of council proceedings The proceedings of the council or any of its committees, or the actions of a person acting as a councillor or member of a committee, are not invalid merely because of— Page 185 WNrR SCOmDMDAND NUN BPW NK CO iS) 23 City of Brisbane Bill 2010 Chapter 7 Other provisions Part 6 Other provisions [s 239] (a) (b) vacancies in the membership of the council or committee; or a defect or irregularity in the election or appointment of any councillor or committee member; or the disqualification of a councillor or committee member from acting as a councillor or committee member. 239 Requirements for particular guidelines (1) The section applies to the following guidelines— (2) (3) (a) _ the acceptable requests guidelines; (b) _ the advice guidelines. The guidelines— (a) must apply to all councillors equally; and (b) must state all relevant considerations; and (c) must include a requirement that, if a request is refused under the guidelines, the person who made the refusal must give written notice stating the reasons for the refusal to the councillor who made the request; and (d) can not provide for any relevant considerations to be discretionary. Relevant considerations are— (a) (b) the criteria for deciding whether to grant or refuse a request; or the matters to be considered under the guidelines when deciding to grant or refuse a request. (4) Request means a request made by a councillor under section 166(1) or (3). Page 186 ADN PW NK \o ow SCO ANDN FP wWN KF CO NY WwW — NN Wh Nw ns NW mon City of Brisbane Bill 2010 Chapter 7 Other provisions Part 6 Other provisions [s 240] Insurance to cover councillors d) (2) The council may enter into a contract of insurance with WorkCover Queensland, or another insurer, to cover its councillors. For that purpose, a councillor's role includes attending— (a) meetings of the council or its committees that the councillor is entitled or asked to attend; and (b) meetings for a resident of Brisbane; and (c) conferences, deputations, inspections and meetings at which the councillor's attendance is permitted by the council; and (d) _ official functions organised for the council. Special entertainment precincts d) (2) (3) (4) (5) This section is about establishing a special entertainment precinct in Brisbane. A special entertainment precinct is an area in which noise from amplified music that is played at licensed premises in the area is regulated by a local law. A licensed premises is a licensed premises under the Liquor Act 1992. The effect of establishing a special entertainment precinct is that— (a) noise from amplified music played at licensed premises in the precinct is regulated by a local law instead of the Liquor Act 1992; and (b) requirements imposed under a planning scheme or development approval made or given under the Planning Act about noise abatement apply in relation to particular kinds of development in the precinct. To establish a special entertainment precinct, the council must— Page 187 Co WAND NN FWY re oO N DID NAH W 22 242729 31 City of Brisbane Bill 2010 Chapter 7 Other provisions Part 6 Other provisions [s 242] (6) (a) (b) amend the council's planning scheme to identify the special entertainment precinct; and make a local law to regulate noise from amplified music from premises in the special entertainment precinct, in accordance with a permit that is issued for the premises. However, a local law under this section does not apply to— (a) (b) a major sports facility under the Major Sports Facilities Act 2001; or an activity that— (i) _ is for a motor racing event under the Motor Racing Events Act 1990; and (ii) is being carried on by, or with the permission of, the promoter of the motor racing event. 242 Approved forms The department's chief executive may approve forms for use under this Act. 243 + Review of this Act The Minister must, within 4 years after the commencement of this Act, carry out a review of the operation and effectiveness of this Act. 244 __—sCwPProcesss for administrative action complaints d) (2) Page 188 The council must adopt a process for resolving administrative action complaints. An administrative action complaint is a complaint that— (a) is about an administrative action of the council, including the following, for example— CON WD UNBW NR WN Fo An 23 26 (3) (4) City of Brisbane Bill 2010 Chapter 7 Other provisions Part 6 Other provisions [s 245] (i) a decision, or a failure to make a decision, including a failure to provide a written statement of reasons for a decision; (ii) an act, or a failure to do an act; (iii) the formulation of a proposal or intention; (iv) the making of a recommendation; and (b) is made by an affected person. An affected person is a person who is apparently directly affected by an administrative action of the council. A regulation may provide for the process for resolving complaints about administrative actions of the council by affected persons. Information for the Minister d) (2) The Minister may, by written notice, require the council to give the Minister information about— (a) Brisbane; or (b) the council. The council must comply with the notice. Regulation-making power d) (2) The Governor in Council may make regulations under this Act. For example, a regulation may be made about— (a) the processes of the council in deciding the remuneration that is payable to councillors (including the remuneration schedule, for example); or (b) corporate entities; or (c) appeals against decisions made under this Act; or (d) aregister of interests of the following— Page 189 Com ANI DN FB WNe N oarAI HN NP WW 21 2427 City of Brisbane Bill 2010 Chapter 8 Repeal, transitional and savings provisions Part 1 Repeals [s 247] (e) (f) (g) (h) @) Chapter 8 Part 1 247 ~—swRepeal (i) councillors; (ii) persons who are related to councillors; (iii) other persons who are given responsibilities to perform under this Act; or the recording of conflicts of interest arising from the performance of a responsibility under this Act; or the regulation and management of council assets and infrastructure; or matters relating to a statutory committee of the council; or a process for the scrutiny of the council's budget; or meetings of the council or its committees; or the financial sustainability and accountability of the council, including the systems of financial management. Repeal, transitional and savings provisions Repeals The following Acts are repealed— Page 190 Australian Estates Company Limited, Hastings Street, New Farm, Viaduct Authorization Act 1962 Brisbane City Council Business and Procedure Act 1939, 3 Geo 6 No. 30 City of Brisbane Act 1924, 15 Geo 5 No. 32 ON DAWN FW NY F&F eo So Se Ny alent RW 21 23 Part 2 City of Brisbane Bill 2010 Chapter 8 Repeal, transitional and savings provisions Part 2 Transitional and savings provisions [s 248] Local Government (Chinatown and The Valley Malls) Act 1984, No. 104 Local Government (Queen Street Mall) Act 1981, No. 104. Transitional and savings provisions 248 ~What this part is about This part is about the transition from the following to this Act (including the transition of rights, liabilities and interests, for example)— (a) the repealed City of Brisbane Act; (b) _ the repealed Business and Procedure Act; (c) arepealed mall Act. 249 Brisbane City Council continued The Brisbane City Council under the repealed City of Brisbane Act continues in existence as the council under this Act. 250 ~— Local laws (1) A local law that was— (a) (b) made by the council under the repealed City of Brisbane Act or a repealed mall Act; and was in force immediately before the commencement of this section; continues in force as a local law made under this Act. Page 191 BW NF \o Ww NF Oo ADAM fF 21 23 City of Brisbane Bill 2010 Chapter 8 Repeal, transitional and savings provisions Part 2 Transitional and savings provisions [s 251] (2) A local law includes— (a) an interim local law, model local law, and subordinate local law; and (b) a by-law or ordinance. 251 Decisions under repealed Acts d) (2) A decision under the following repealed Acts, that was in force immediately before the commencement of this section, continues in force as if the decision were made under this Act, made at the same time as it was made under the repealed Act— (a) the repealed City of Brisbane Act; (b) _ the repealed Business and Procedure Act; (c) arepealed mall Act. A decision includes an agreement, appointment, approval, authorisation, certificate, charge, consent, declaration, delegation, determination, direction, dismissal, exemption, immunity, instruction, licence, memorandum of understanding, order, permit, plan, policy, protocol, rates, release, resolution, restriction, settlement, suspension and warrant. 252 ~~ Established malls d) (2) (3) Page 192 A mall established under a repealed mall Act continues as a mall under this Act. The council may do anything in relation to a mall mentioned in subsection (1) that the council may do under this Act (including closing the mall, for example). On 1 July 2010, an advisory committee, established under a repealed mall Act, is dissolved and the members of the advisory committee go out of office. BR WN COMDANID UN SOmMIAUMUSP WN KF CO NX 23 2528 (4) City of Brisbane Bill 2010 Chapter 8 Repeal, transitional and savings provisions Part 2 Transitional and savings provisions [s 253] No compensation is payable to a member because of subsection (3). Proceedings and evidence d) (2) (3) If, immediately before the commencement of this section, proceedings for an appeal, a complaint or an offence could legally have been started under the repealed City of Brisbane Act or a repealed mall Act the proceedings may be started under this Act. Proceedings for an appeal, a complaint or an offence under any of the Acts may be continued under that Act, as if this Act had not commenced. Any document that was given evidentiary effect under any of the Acts continues to have the evidentiary effect as if that Act had not been repealed. Super trust deed A trust deed for a superannuation scheme established by the Brisbane City Council under the repealed City of Brisbane Act, that was in force immediately before the commencement of this section, continues in force as a trust deed under this Act. Registers A register maintained under the repealed City of Brisbane Act continues as if it were made under this Act. References to repealed Acts A reference in an Act or document to any of the following may, if the context permits, be taken to be a reference to this Act— (a) the repealed City of Brisbane Act; Page 193 0 MADNHA W Ne BRWN FO COMIN MN 23 26 City of Brisbane Bill 2010 Chapter 8 Repeal, transitional and savings provisions Part 2 Transitional and savings provisions [s 257] (b) _ the repealed Business and Procedure Act; (c) arepealed mall Act. 257 _—' Transitional provisions for elections d) (2) (3) Despite the repeal of the City of Brisbane Act 1924, the election provisions of that Act continue to apply to quadrennial elections for the council— (a) as ifareference in the provisions to the town clerk were a reference to the chief executive officer; and (b) with other necessary changes. Editor's note— See reprint 4E of the City of Brisbane Act 1924. The election provisions, of the repealed City of Brisbane Act, are— (a) part 2, divisions 3 and 5; and (b) any provisions of schedule 2 that are relevant to the provisions mentioned in paragraph (a). Despite the repeal of the Local Government Act 1993, the provisions of that Act in force on 30 June 2010 as they applied to the Brisbane City Council on that day continue to apply to quadrennial elections for the council— (a) as if a reference in the provisions to a division of a local government area were a reference to a ward; and (b) as if a reference in the provisions to a local government Act were taken to include a reference to this Act; and (c) with other necessary changes. Editor's note— See reprint 12K of the Local Government Act 1993. 258 _—' Transitional regulation-making power () Page 194 A transitional regulation may provide for a matter that— N 0 ON ANH W NX SCOmMANI AUN FP WN KF CO NW Noe NN BW Nw WN NAW 29 City of Brisbane Bill 2010 Chapter 9 Amendment of Acts Part 1 Amendment of Electrical Safety Act 2002 [s 259] (a) it is necessary to provide for, to allow or facilitate the 1 doing of anything to achieve the transition from the 2 repealed Act to this Act; and 3 (b) _ this Act does not provide for or sufficiently provide for. 4 (2) A transitional regulation may have retrospective operationtoa 5 day that is not earlier than the day on which this section 6 commences. 7 (3) A transitional regulation must declare it is a transitional 8 regulation. 9 (4) This section and any transitional regulation expire 1 year after 10 the day on which this section commences. 11 Chapter 9 Amendment of Acts 2 Part 1 Amendment of Electrical Safety 13 Act 2002 4 259 Act amended 5 This part amends the Electrical Safety Act 2002. 6 260 Amendment of s 192A (Definitions for div 2A) 7 Section 192A, definition government body, 'another' — omit, insert— 9 'a local government, another'. 20 Page 195 City of Brisbane Bill 2010 Chapter 9 Amendment of Acts Part 2 Amendment of Information Privacy Act 2009 [s 261] Part 2 Amendment of Information Privacy Act 2009 261 Act amended This part amends the Information Privacy Act 2009. 262 Replacement of s 211 (Acts and practices authorised before commencement) Section 21 1— omit, insert— '211. Acts and practices authorised before relevant date ") 2) Page 196 The privacy principles do not apply to an entity in relation to an act done or practice engaged in by the entity on or after the relevant date if the act or practice is necessary for the performance of a contract entered into before the relevant date. In this section— relevant date means— (a) for an entity other than a local government—1 July 2009; or (b) fora local government—1 July 2010. Note— Under section 202, this Act (other than particular provisions mentioned in that section) does not apply to a local government until 1 July 2010.'. omn an COON DN PWNrK CO ia) re oO City of Brisbane Bill 2010 Chapter 9 Amendment of Acts Part 3 Amendment of Local Government Act 2009 [s 263] Part 3 Amendment of Local Government Act 2009 263 Act amended This part amends the Local Government Act 2009. 264 Amendment of s 2 (Commencement) Section 2(2), 'section 288'— omit, insert— "section 289'. 265 Replacement of s 5 (How this Act applies to the Brisbane City Council) Section 5— omit, insert— i) Relationship with City of Brisbane Act 2010 '(1)_ Although the Brisbane City Council is a local government, the City of Brisbane Act 2010, rather than this Act, provides for— (a) the way in which the Brisbane City Council is constituted and the nature and extent of its responsibilities and powers; and (b) asystem of local government in Brisbane. '(2) This Act does not apply to the Brisbane City Council or its councillors, employees, agents or contractors or to corporate entities of the Brisbane City Council.'. 266 Amendment of s 12 (Responsibilities of councillors) Section 12(3)(e)— omit. Page 197 omarninawn AAD NFP WN FY OC \o NNW NRO 24 City of Brisbane Bill 2010 Chapter 9 Amendment of Acts Part 3 Amendment of Local Government Act 2009 [s 267] 267 Amendment ofs 13 (Responsibilities of local government employees) (1) Section 13(2)(i), '(including the Queensland Contact with Lobbyists Code, for example)'— omit. (2) Section 13(3)— insert— '(f) the safe custody of— (i) all records about the proceedings, accounts or transactions of the local government or its committees; and (ii) all documents owned or held by the local government; (g) complying with reasonable requests from councillors— (i) for advice to help the councillor make a decision; or Gi) for information, that the local government has access to, relating to the division of the local government the councillor represents.'. 268 Amendment of s 14 (What this part is about) Section 14— insert— '(2) This part does not apply to an indigenous regional council.'. 269 Replacement of s 16 (Review of divisions of local government areas) Section 16— omit, insert— Page 198 Co mMmrN DN BW NR COAN DANN FP WN KO 21 23 25 27 "16 City of Brisbane Bill 2010 Chapter 9 Amendment of Acts Part 3 Amendment of Local Government Act 2009 [s 270] Review of divisions of local government areas 'A local government must, no later than 1 March in the year before the year of the quadrennial elections— (a) review whether each of its divisions has a reasonable proportion of electors; and (b) give the electoral commissioner and the Minister written notice of the results of the review. . Amendment of s 23 (Casual commissioners) Section 23(6), 'department's chief executive' — omit, insert— 'Minister'. Amendment of s 25 (Annual report of change commission) (1) Section 25(3)— omit. (2) Section 25(4) and (5)— renumber as section 25(3) and (4). Amendment of s 29 (Local law making process) (1) Section 29(4) to (9)— renumber as section 29(6) to (11). (2) Section 29(3)— omit, insert— '(3) Before making a proposed local law, a local government must— (a) consult with relevant government entities about the overall State interest in the proposed local law; and Page 199 NAD NHR WN \o ow NA UN fF WH \o wo 2124 26 City of Bri isbane Bill 2010 Chapter 9 Amendment of Acts Part 3 Amendment of Local Government Act 2009 [s 273] (b) give the Minister the following— (i) acopy of the proposed local (ii) a drafting certificate for the law; proposed local law; (iii) information required by the Minister or under a regulation. "(4) The local government may proceed proposed local law only if the local government satisfies the "O) Minister that— (a) the overall State interest is satis the proposed local law; and further in making the factorily dealt with by (b) the proposed local law is drafted substantially in accordance with the drafting standards. satisfactorily dealt with by the propose: If the Minister considers the overall State interest would be d local law if the local government satisfied particular conditions— (a) the Minister may impose conditions on the local government that the Minister considers appropriate; and (b) _ the local government may proceed further in making the proposed local law if it— (i) satisfies any conditions about the content of the proposed local law; and (ii) agrees to satisfy any other conditions.'. (3) Section 29(11)(c), as renumbered— omit. Amendment of s 38 (Anti-competitive Section 38— insert— provisions) '(3) This section does not apply to an interim local law.'. Page 200 CAND NH WN Com AD NWSW NY CO Nw ro RO NN WN 2628 City of Brisbane Bill 2010 Chapter 9 Amendment of Acts Part 3 Amendment of Local Government Act 2009 [s 274] 274 Replacement of ch 3, pt 2, hdg (Business enterprises and activities) 'Part 2 Chapter 3, part 2, heading— omit, insert— Beneficial enterprises and business activities'. 275 Amendment of s 40 (Conducting beneficial enterprises) 2) 'B) (4) "O) Section 40(2) to (7)— omit, insert— The local government must— (a) consult with— (@) all local government employees who may be directly affected by the beneficial enterprise; or (ii) if nominated by the local government employees, an industrial association representing — the employees; and (b) _ pass a resolution to conduct the beneficial enterprise. An industrial association is an association of employees having as a principal purpose the protection and promotion of their interests in matters concerning their employment. When conducting the beneficial enterprise, the local government must— (a) apply sound financial principles; and (b) comply with the Local Government Acts. In order to conduct the beneficial enterprise, the local government may— (a) commercially exploit the local government's tangible or intangible property rights; or (b) _ participate with an association, other than by— Page 201 Dn" fF W Ne \o NY SCOmMmW NY ANH WN KF CO NW Noe NN BR NN nn NN on N \'o City of Brisbane Bill 2010 Chapter 9 Amendment of Acts Part 3 Amendment of Local Government Act 2009 [s 275] (6) 7) "(8) 9) Page 202 (i) being an unlimited partner of a partnership; or (ii) entering into an agreement that does not limit the liability of the local government, as between the parties, to the amount committed by the local government under the agreement; or (iii) borrowing, or guaranteeing a borrowing. An association is— (a) (b) (c) (d) a partnership; or a corporation limited by shares but is not listed on a stock exchange; or a corporation limited by guarantee but is not listed on a stock exchange; or another association of persons that is not a corporation. In order to conduct the beneficial enterprise, the local government must not, either directly or by participating with an association, participate with an unlimited corporation. An unlimited corporation means a corporation whose members have no limit placed on their liability. A local government participates with an association or unlimited corporation if the local government— (a) (b) (c) (d) forms, or takes part in forming, an association or unlimited corporation; or becomes a member of an association or unlimited corporation; or takes part in the management of an association or unlimited corporation; or acquires or disposes of shares, debentures or securities of an association or unlimited corporation.' . Co mWmN DD NPWNY CN ANF W NY CO iS) ow NW Noe NN BW NN nun NN aon City of Brisbane Bill 2010 Chapter 9 Amendment of Acts Part 3 Amendment of Local Government Act 2009 [s 276] 276 Amendment of s 45 (Identifying significant business activities) Section 45(c) and note— omit, insert— '(c) state whether or not the competitive neutrality principle was applied to the significant business activities, and if the principle was not applied, the reason why it was not applied; and'. 277 Amendment of s 47 (Code of competitive conduct) (1) Section 47(7), 'any other business activities.' — omit, insert— 'a business activity prescribed under a regulation.'. (2) Section 47— insert— '(8) If the local government decides not to apply the code of competitive conduct to the business activity, the resolution must state reasons for not doing so. '(9) Subsection (7) does not prevent the local government from applying the code of competitive conduct to any other business activities.'. 278 Amendment of s 48 (Competitive neutrality complaints) Section 48— insert— "(5) A local government does not have to resolve a competitive neutrality complaint relating to a business activity prescribed under a regulation.'. Page 203 CADN FW NK \o SCOmMANANDUN FP WN KF CO NX 23 25 City of Brisbane Bill 2010 Chapter 9 Amendment of Acts Part 3 Amendment of Local Government Act 2009 [s 279] 279 Amendment of s 52 (When a corporate entity is not to indemnify employees) ") Section 52(1)— omit, insert— This section applies to a person who is or was an employee of a corporate entity.'. 280 _ _—siInsertion of new s 58A Chapter 3, part 2, division 3, after section 58— insert— '58A Application of other Acts to a corporate entity ") 2) 'B) (4) "O) Page 204 A corporate entity is a unit of public administration under the Crime and Misconduct Act. A corporate entity is a statutory body under the Statutory Bodies Financial Arrangements Act, and part 2B of that Act explains how that Act affects a corporate entity's powers. The provisions of the Auditor-General Act 2009 that apply to a local government also apply to a corporate entity, with any necessary changes, as if— (a) areference to a controlled entity were a reference to the corporate entity; and (b) areference to the appropriate Minister were a reference to the local government. The Judicial Review Act 1991 does not apply to a decision of a corporate entity made in carrying out its— (a) commercial activities; or (b) community service obligations. The Ombudsman Act 2001 does not apply to— (a) the making of a recommendation to the shareholder of a corporate entity; or Dun fF WwW Ne on \o NY SCO OAD NPW NF CO NW NOR NN BW | a oe NY nw NW ow City of Brisbane Bill 2010 Chapter 9 Amendment of Acts Part 3 Amendment of Local Government Act 2009 [s 281] (b) a decision about a corporate entity's commercial policy; or (c) a corporate entity for its activities carried on, on a commercial basis, in competition with a person.'. 281 Insertion of new ch 3, pt 3, div 3 Chapter 3, part 3— insert— 'Division 3 Malls '*80A_ Malls ") 2) 'B) (4) "O) (6) A local government may establish a mall in its local government area. The local government must comply with the procedures prescribed under a regulation for establishing a mall. The regulation may also provide for any other matter connected with managing, promoting or using a mall, including, for example— (a) removal of vehicles from a mall; and (b) _ review of a decision relating to the removal of a vehicle from a mall; and (c) matters relating to an advisory committee for a mall. A person is not entitled to compensation on account of injurious affection to any right or interest of a business, commercial or industrial nature because of the establishment, modification or closing of a mall by a local government. However, the local government may, by resolution, decide to pay compensation to the person. The Land Act, chapter 4, part 4 does not apply to a road that is a mall.'. Page 205 aoarnannan RW Ne \o Com A DANK WN FO NX So NNNN BRWNF NN nn NN on City of Brisbane Bill 2010 Chapter 9 Amendment of Acts Part 3 Amendment of Local Government Act 2009 [s 282] 282 Amendment of s 95 (Overdue rates and charges are a charge over land) (1) Section 95, heading, 'land'— omit, insert— 'rateable land'. (2) Section 95(1), 'land'— omit, insert— 'rateable land'. 283 Amendment of s 97 (Cost-recovery fees) Section 97(4), 'fee, other than an application fee, must'— omit, insert— 'fee must'. 284 Amendment of s 99 (Fees on occupiers of land below the high-water mark) (1) Section 99(1)(b)— omit, insert— '(b) is in, or is adjoining, a local government area; and (c) is below the high-water mark.'. (2) Section 99(3), 'A local government' — omit, insert— 'The local government for the local government area'. (3) Section 99— insert— '(4) For subsection (3), fee includes a tax.'. Page 206 arANIHND NN FW NR N Oo mOmrN DN FW 2123 Amendment of s 105 (Auditing, including internal City of Brisbane Bill 2010 Chapter 9 Amendment of Acts Part 3 Amendment of Local Government Act 2009 auditing) d) (2) Section 105(4)(a)(iv) and (b)— omit. Section 105(4)(c)— renumber as section 105(4)(b). [s 285] Replacement of s 108 (Misappropriation offence applies) Section 108— omit, insert— '108 What this part is about 'This part is about councillors' financial accountability.'. Amendment of s 113 (What this part is about) d) (2) (3) (4) (5) Section 113(1)(a), 'government' — omit, insert— "government or a councillor'. Section 113(1)(b), 'government'— omit, insert— "government or councillor'. Section 113(1)(a)(i) and (b), 'its' — omit, insert— 'their'. Section 113(2), 'government's'— omit, insert— "government's or councillor's'. Section 113(3)— omit, insert— Page 207 Hn nn FW NRE oMmrnNI DN FW hb Kb NY WY VY NY NY YW Dn un BF wWN KF OS City of Bri isbane Bill 2010 Chapter 9 Amendment of Acts Part 3 Amendment of Local Government Act 2009 [s 288] '(3) Remedial action may include, for example, directing— (a) _ the local government or councillor to take the action that is necessary to comply with a Local Government Act; or (b) the local government to replace a resolution that is contrary to a Local Government Act with a resolution that complies with the Local Government Act; or (c) | the local government to amend a local law by removing a provision that is contrary to a Local Government Act.'. Amendment of s 115 (Gathering information) (1) Section 115(1), 'government's performance'— omit, insert— "government's or councillor's performance'. (2) Section 115(4) to (6), 'government' — omit, insert— "government or councillor'. Amendment of s 116 (Acting on the information gathered) (1) Section 116(1) and (4)(a), 'government'— omit, insert— "government or councillor'. (2) Section 116(1)(a) and (4)(a)(i), 'its'— Page 208 omit, insert— 'their'. Amendment of s 118 (Financial controllers) Section 118(6), 'However, if' — CNY ANB WN an FF wWN - OO onmona 2124 City of Brisbane Bill 2010 Chapter 9 Amendment of Acts Part 3 Amendment of Local Government Act 2009 [s 291] omit, insert— 'If'. 291 Amendment of s 121 (Removing unsound decisions) d) (2) Section 121(1), 'of the Local Government Acts'— omit, insert— 'law or inconsistent with the local government principles'. Section 121(4), 'Local Government Act'— omit, insert— 'law or inconsistent with the local government principles'. 292 Amendment of s 135 (General powers after entering a property) d) (2) 'B) Section 135(3) and (4)— renumber as section 135(4) and (5). Section 135— insert— An authorised person may exercise a power under subsection (2) only if exercising the power is necessary for the purpose related to the entry of the property.'. 293 Amendment of s 138 (What this division is about) d) (2) (3) Section 138(6), 'to act under this section' — omit, insert— "by the local government to act under this division'. Section 138(7) and (8)— renumber as section 139(8) and (9). Section 138— Page 209 N OmOmANI HD FW AAD VN fF WN FO 212325 City of Brisbane Bill 2010 Chapter 9 Amendment of Acts Part 3 Amendment of Local Government Act 2009 [s 294] insert— '(7) However, the local government may authorise an employee or agent to act under this division only if the employee or agent is appropriately qualified or trained to exercise a power or perform a responsibility under this division.'. 294 Amendment of s 143 (Entry by a local government worker, with reasonable written notice, to take materials) (1) Section 143(1), 'rateable land that is not protected'— omit, insert— 'relevant'. (2) Section 143(2) to (5)— renumber as section 143(3) to (6). (3) Section 143— insert— '(2) Relevant land means land, other than protected land, that is— (a) within the local government area; or (b) if the local government has the written approval of the Minister, under section 9(4)(b)(i), to exercise its powers outside its local government area—outside its local MBBWN Fe oO ND government area; or (c) if the local government may exercise a power in another local government's area for the purpose of a joint local government activity—within the other government's area.'. (4) Section 143(3)(g), as renumbered— Page 210 omit. Replacement of ch 5, pt 2, div 3 (Offences) Chapter 5, part 2, division 3— NY SCOmMINI HD UN FP WN KF CO NNNN BRWNF NSN n wn 28 City of Brisbane Bill 2010 Chapter 9 Amendment of Acts Part 3 Amendment of Local Government Act 2009 [s 295] omit, insert— 'Part 3 Investigation of local government records 'Division 1 Introduction "148A What this part is about 'This part is about investigations conducted by the department or a local government into the accuracy of the local government's registers or records that are required to be kept under this Act. 'Division 2 Investigations by department '148B Producing authorised officer's identity card '(1)__ This section applies if the department's chief executive directs an authorised officer to exercise a power under this division. '(2) The authorised officer may exercise the power, in relation to a person, only if the officer— (a) first produces his or her identity card for the person to inspect; or (b) has his or her identity card displayed so it is clearly visible to the person. '148C Making of inquiries for department '1) This section applies if the department's chief executive suspects or believes, on reasonable grounds, that information included in a register or record of a local government is incorrect because of an error or omission. Page 211 COMDANID UN COM ND NHR WN 2224 City of Brisbane Bill 2010 Chapter 9 Amendment of Acts Part 3 Amendment of Local Government Act 2009 [s 295] 2) An authorised officer, if directed by the department's chief executive, may make all inquiries the chief executive considers to be reasonable to find out whether and to what extent the register or record is incorrect. '148D Power to require information or document for department investigation ") 2) 'B) (4) "O) Page 212 This section applies if the department's chief executive suspects or believes, on reasonable grounds, that— (a) either or both of the following apply— (i) information included in a register or record of a local government is incorrect because of an error or omission; (ii) an offence against this Act has been committed relating to a register or record; and (b) a person— (i) is able to give information about the error, omission or offence; or (ii) holds a document relating to the error, omission or offence. The department's chief executive or, if directed by the chief executive, an authorised officer may require the person to give the information or produce the document. When making the requirement, the department's chief executive or authorised officer must warn the person it is an offence to fail to comply with the requirement unless the person has a reasonable excuse. The person must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—40 penalty units. If the person is an individual, it is a reasonable excuse for failing to comply with the requirement that giving the BRWNeR Oo ONAN CoM ANID MN FW NFO NNW NRO NNNN Nn BW NN aon N \o WwW a) (6) 7) City of Brisbane Bill 2010 Chapter 9 Amendment of Acts Part 3 Amendment of Local Government Act 2009 [s 295] information or producing the document might tend to incriminate the person. It is a defence in a prosecution under subsection (4) that the information or document sought by the department's chief executive or authorised officer is not relevant to the error, omission or offence. If the person produces the document to the department's chief executive or authorised officer, the chief executive or officer— (a) may keep the document to take an extract from it or make a copy of it; and (b) must return the document to the person as soon as practicable after taking the extract or making the copy. 'Division 3 Investigations by local government '148E Producing authorised person's identity card ") 2) This section applies if the chief executive officer directs an authorised person to exercise a power under this division. The authorised person may exercise the power, in relation to another person, only if the authorised person— (a) first produces his or her identity card for the other person to inspect; or (b) has his or her identity card displayed so it is clearly visible to the other person. '148F Making of inquiries for local government ") This section applies if the chief executive officer suspects or believes, on reasonable grounds, that information included in a register or record of the local government is incorrect because of an error or omission. Page 213 COMI ADAUNBW NR WN Fo COD ND WN 23 2628 City of Brisbane Bill 2010 Chapter 9 Amendment of Acts Part 3 Amendment of Local Government Act 2009 [s 295] 2) The chief executive officer or, if directed by the chief executive officer, an authorised person may make all inquiries the chief executive officer considers to be reasonable to find out whether and to what extent the register or record is incorrect. '148G Power to require information or document for local government investigation ") 2) 'B) (4) "O) Page 214 This section applies if the chief executive officer suspects or believes, on reasonable grounds, that— (a) either or both of the following apply— (i) information included in a register or record of the local government is incorrect because of an error or omission; (ii) an offence against this Act has been committed relating to a register or record; and (b) a person— (i) is able to give information about the error, omission or offence; or (ii) holds a document relating to the error, omission or offence. The chief executive officer or, if directed by the chief executive officer, an authorised person may require the person to give the information or produce the document. When making the requirement, the chief executive officer or authorised person must warn the person it is an offence to fail to comply with the requirement unless the person has a reasonable excuse. The person must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—40 penalty units. If the person is an individual, it is a reasonable excuse for failing to comply with the requirement that giving the MBWNR om ND CN HD NF WNrF CO NX ow NNW WNre NNOnNw ADM NW ow ww So W WwW Nok (6) 7) City of Brisbane Bill 2010 Chapter 9 Amendment of Acts Part 3 Amendment of Local Government Act 2009 [s 295] information or producing the document might tend to incriminate the person. It is a defence in a prosecution under subsection (4) that the information or document sought by the chief executive officer or authorised person is not relevant to the error, omission or offence. If the person produces the document to the chief executive officer or authorised person, the chief executive or authorised person— (a) may keep the document to take an extract from it or make a copy of it; and (b) must return the document to the person as soon as practicable after taking the extract or making the copy. '148H Referral to department ") 2) 'B) (4) This section applies if, because of inquiries made under this division, the chief executive officer concludes on reasonable grounds that an offence has been committed under this Act relating to a register or record. The chief executive officer must report the chief executive officer's conclusion, including the reasons for the conclusion, to the department's chief executive. Subsection (2) does not limit any duty the chief executive officer may have under the Crime and Misconduct Act to notify the CMC of any complaint, information or matter that the chief executive officer suspects involves, or may involve, official misconduct under that Act. The CMC means the Crime and Misconduct Commission established under the Crime and Misconduct Act. '1481 Chief executive officer not subject to direction 'The chief executive officer is not subject to direction by the mayor in acting under this division. Page 215 COAN DANSW NE WN Fo NY CO ONAN F 232528 31 City of Brisbane Bill 2010 Chapter 9 Amendment of Acts Part 3 Amendment of Local Government Act 2009 Offences '149 Obstructing enforcement of Local Government Acts [s 295] 'Part 4 etc. "d) 2) 'B) (4) Page 216 A person must not obstruct an official in the exercise of a power under this Act or a local law, unless the person has a reasonable excuse. Maximum penalty—S0 penalty units. An official is any of the following persons— (a) the Minister; (b) the department's chief executive; (c) an authorised officer; (d) an investigator; (e) the chief executive officer; (f) an authorised person. A person must not obstruct a local government worker in the exercise of a power under chapter 5, part 2, division 2, unless the person has a reasonable excuse. Maximum penalty—S0 penalty units. If a person has obstructed an official or local government worker and the official or worker decides to proceed with the exercise of the power, the official or worker must warn the person that— (a) it is an offence to obstruct the official or worker, unless the person has a reasonable excuse; and (b) _ the official or worker considers the person's conduct an obstruction. oo mMmN ANA WH aranann Ff wWN YF SO NNW NRF Ow NN BW NN nn City of Brisbane Bill 2010 Chapter 9 Amendment of Acts Part 3 Amendment of Local Government Act 2009 [s 296] "(S) A person must not pull down, damage, deface or destroy a board or anything else that is displaying a local law, order, notice or other matter authorised by a local government. Maximum penalty for subsection (5)—35 penalty units. '150 Impersonating authorised persons and authorised officers '(1)_ A person must not pretend to be an authorised person. Maximum penalty—S0 penalty units. '(2) A person must not pretend to be an authorised officer. Maximum penalty—S0 penalty units. '150A Duty to make documents available 'A person who has charge of a document owned or held by a local government must not obstruct the viewing or copying of the document by another person who is authorised to view or copy the document under this Act. Examples— ¢ preventing a councillor from copying a local government record under section 170B ¢ preventing the public from viewing a record under section 177(12)(a) Maximum penalty—10 penalty units.'. 296 Amendment of s 168 (Senior councillors and full-time government jobs) Section 168(8)— omit, insert— '(8) If a full-time government job is converted to a part-time government job by a senior councillor, the conversion does not— Page 217 BR WNFR onmn an NX FP COO OID NWN N 2427 City of Brisbane Bill 2010 Chapter 9 Amendment of Acts Part 3 Amendment of Local Government Act 2009 [s 297] (a) prejudice the councillor's existing or accrued rights to superannuation or recreation, sick, long service or other leave; or (b) interrupt continuity of the councillor's service; or (c) constitute a termination of employment, retrenchment or redundancy.'. 297. Amendment of s 170 (Giving directions to local government staff) Section 170(4)— omit. 298 Insertion of new ss 170A and 170B After section 170— insert— '170A Requests for help or advice ") 2) 'B) (4) "O) Page 218 A councillor may request a council employee provide advice to help the councillor make a decision. However, if the council employee is not the chief executive officer, the request must comply with the advice guidelines. The advice guidelines are guidelines, made by the chief executive officer, about the way in which a councillor is to ask a local government employee for advice to help the councillor make a decision. If a councillor asks for help or advice from a local government employee other than under the advice guidelines, the employee must tell the chief executive officer about the request as soon as is practicable. A councillor may, subject to any limits prescribed under a regulation, request the chief executive officer provide the councillor with information, that the council has access to, relating to— \o oN AN AN FW NY NW Wh NRF Ow NNNN Nn WwW wWNYNNnNN COON (6) 7) "(8) City of Brisbane Bill 2010 Chapter 9 Amendment of Acts Part 3 Amendment of Local Government Act 2009 [s 298] (a) if the local government area is divided into divisions—the division that the councillor represents; or (b) otherwise—the local government area. Example of a limit prescribed under a regulation— A regulation may prescribe the maximum cost to council of providing information to a councillor. The advice guidelines are invalid to the extent the guidelines provides for a councillor or council employee to decide, at the councillor or employee's discretion— (a) when the guidelines apply; or (c) | the way in which a request complies with the guidelines. In this section a local government employee includes a person prescribed under a regulation. The chief executive officer must make all reasonable endeavours to comply with a request made of the chief executive officer under this section. Maximum penalty for subsection (8)—10 penalty units. '170B Inspection of records by councillors ") 2) 'B) A councillor may inspect, and make a copy of or take an extract from, a local government record. Local government records include all documents created by or kept by the local government about its operations or the operations of any of its committees, whether or not the records must be available to be inspected by the public. Subsection (1) does not apply to a local government record if— (a) the record is a record of the regional conduct review panel; or (b) disclosure of the record would be contrary to an order of a court or tribunal; or Page 219 CAN AN FW NE NY ANH WN KF CO 2224 26 28 30 City of Brisbane Bill 2010 Chapter 9 Amendment of Acts Part 3 Amendment of Local Government Act 2009 [s 299] (c) the record would be privileged from production in a legal proceeding on the ground of legal professional privilege.'. 299 Amendment of s 171 (Use of information by councillors) (1) Section 171(1), 'in order'-— omit. (2) Section 171(1)(b), 'harm'— omit, insert— "cause detriment to'. (3) Section 171(1)— insert— 'Maximum penalty—100 penalty units or 2 years imprisonment.'. (4) Section 171(2)— omit, insert— '(2) Subsection (1) does not apply to information that is lawfully available to the public.'. 300 Amendment of s 172 (Councillor's material personal interest at a meeting) (1) Section 172(2)(c)— omit, insert— '(c) a parent, child or sibling of the councillor;'. (2) Section 172(2)(f), 'or the person's nominee'— omit. (3) Section 172(4)— renumber as section 172(7). (4) Section 172— Page 220 wn Co mMmrN DWN Ff AD WN FWY KF CO \o © 21232527 (4) "O) (6) (5) City of Brisbane Bill 2010 Chapter 9 Amendment of Acts Part 3 Amendment of Local Government Act 2009 [s 301] insert— However, a councillor does not contravene subsection (3) by taking part in the meeting, or being in the chamber where the meeting is being conducted, if— (a) the councillor is a person to whom approval is given under subsection (5); and (b) _ the councillor is complying with all conditions on which the approval is given. The Minister may, by signed notice, approve a councillor taking part in the meeting, or being in the chamber where the meeting is being conducted, if— (a) because of the number of councillors subject to the obligation under this section, conduct of the meeting would be obstructed if the approval were not given; or (b) it appears to the Minister to be in the interests of the local government area that the approval be given. The Minister may give the approval subject to conditions stated in the notice.'. Section 172(7), as renumbered— insert— '(c) whether the councillor took part in the meeting, or was in the chamber during the meeting, under an approval under subsection (5).'. Amendment of s 175 (Post-election meetings) Section 175(2), 'councillors' — omit, insert— 'councillors (other than the mayor)'. Amendment of s 176 (What this division is about) Section 176(9)(b), 'Commission' — Page 221 C0 ON DN PWN COON DN FWNY FO iS) Oo NNN WN 2527 29 City of Brisbane Bill 2010 Chapter 9 Amendment of Acts Part 3 Amendment of Local Government Act 2009 [s 303] omit. Amendment of s 177 (Assessing complaints) Section 177(5)(a)— omit, insert— '(a) if the complaint is about conduct of the mayor or deputy mayor—trefer the complaint to the department's chief executive; or'. Amendment of s 180 (Taking disciplinary action) d) (2) (3) (6) Section 180(5)(g)— omit, insert— '(g) arecommendation to the Minister that the councillor be suspended for a specified period, either wholly or from performing particular functions; Examples of particular functions— ¢ attending council meetings or offices * representing the council at public functions'. Section 180(6) to (8)— renumber as section 180(7) to (9). Section 180— insert— A recommendation mentioned in subsection (5)(g) may include a recommendation about the details of the suspension. Example of a recommendation about the details of a suspension— that the suspension be with or without pay'. Amendment of s 181 (Inappropriate conduct) Page 222 Section 181(1), 'or deputy mayor'— ADM fF Wh \o ow oOo mMmrANIDKHDN FB WNrF CO NX So NW NOR NN BR Ww 26 City of Brisbane Bill 2010 Chapter 9 Amendment of Acts Part 3 Amendment of Local Government Act 2009 [s 306] omit. Amendment of s 184 (Members of tribunal) Section 184(7)(b), 'department's chief executive' — omit, insert— 'Minister'. Amendment of s 197 (Disciplinary action against local government employees) d) (2) 2) Section 197(2)— renumber as section 197(3). Section 197— insert— A regulation may prescribe when the chief executive officer may take, and the types of, disciplinary action.'. Amendment of s 200 (Improper use of information by local government employees) d) (2) (3) (4) Section 200, heading, 'Improper use'-— omit, insert— 'Use'. Section 200(3), 'make improper use of information acquired as a local government employee' — omit, insert— 'use information acquired as a local government employee > to'. Section 200(3)(a), 'to'— omit. Section 200(3)(b), 'to cause' — Page 223 nan WN oOo mOna WN FF O&O City of Brisbane Bill 2010 Chapter 9 Amendment of Acts Part 3 Amendment of Local Government Act 2009 [s 309] omit, insert— 'cause'. (5) Section 200(5) to (8)— renumber as section 200(6) to (9). (6) Section 200— insert— '(5) Subsection (3) does not apply to information that is lawfully available to the public.'. (7) Section 200(8), as renumbered, '(5)'— omit, insert— '(6)'. 309 _— Insertion of new ss 204A to 204C Chapter 6, part 6, after section 204— insert— '204A Authorised persons must disclose change in criminal history '(1)__ This section applies if there is a change in the criminal history of an authorised person (including acquiring a criminal history, for example). '(2) The authorised person must, as soon as practicable after the change, disclose to the chief executive officer the details of the change, unless the person has a reasonable excuse. Maximum penalty—100 penalty units. '204B Chief executive officer may obtain report from police commissioner '(1)_ The chief executive officer may ask the police commissioner to give the chief executive officer the following information about an authorised person— Page 224 CAN DUN FW NY OMANI AN FW WN 22 25 27 2) 'B) City of Brisbane Bill 2010 Chapter 9 Amendment of Acts Part 3 Amendment of Local Government Act 2009 [s 309] (a) a written report about the person's criminal history; (b) a brief description of the circumstances of a conviction mentioned in the person's criminal history. The police commissioner must comply with the request. However, the duty imposed on the police commissioner applies only to information in the commissioner's possession or to which the commissioner has access. *204C Use of criminal history information ") 2) 'B) (4) "O) (6) This section is about the use of criminal history information. Criminal history information is information about the criminal history of an authorised person obtained under section 204A or 204B. The department's chief executive may make guidelines for dealing with criminal history information to ensure— (a) natural justice is afforded to the authorised persons about whom the criminal history information relates; and (b) only relevant criminal history information is considered in assessing the suitability of an authorised person to exercise a power under a Local Government Act; and (c) decisions based on criminal history information are made consistently. The chief executive officer must comply with the guidelines. A person who has, or will have, a duty to disclose under section 204A may request a copy of the guidelines from the department. The chief executive officer must not use criminal history information for any purpose other than for assessing the suitability of an authorised person to exercise a power under a Local Government Act. Maximum penalty for subsection (6)—100 penalty units.'. Page 225 ADM FP WN oo NY COM ADUN PW NK O NW Noe N w NNN Nun WYNN CoOoAaNn w jaa City of Brisbane Bill 2010 Chapter 9 Amendment of Acts Part 3 Amendment of Local Government Act 2009 [s 310] 310 _—_— Insertion of new ch 6, part 6A Chapter 6— insert— 'Part 6A Authorised officers for the department '204D Appointing authorised officers '(1)_ The department's chief executive may appoint a person as an authorised officer for the department if the person has the necessary expertise or experience to perform the functions of the office. 2) An authorised officer's appointment is subject to the conditions stated in— (a) (b) (c) the document that appoints the officer; or a written notice given to the officer by the department's chief executive; or a regulation. '204E End of appointment of authorised officers '(1)_ A person stops being an authorised officer— 2) Page 226 (a) (b) (c) at the end of the term of appointment stated in the document that appointed the officer; or if the officer gives the department's chief executive a signed notice of resignation; or if it is a condition of the officer's appointment that the officer hold another position at the same time—if the officer stops holding the other position. If it is a condition of the authorised officer's appointment that the officer hold another position at the same time, a notice of resignation for the other position acts as a notice of resignation for both positions. Onan a nA ek WN DR nk WwW NK CO 22 242729 City of Brisbane Bill 2010 Chapter 9 Amendment of Acts Part 3 Amendment of Local Government Act 2009 [s 311] '(3) This section does not limit the ways in which an authorised 1 officer's appointment ends. 2 '204F Identity card for authorised officers 3 '(1)_ The department's chief executive must give each authorised 4 officer an identity card. 5 '(2) This section does not stop a single identity card being issued 6 to a person for this Act and for another purpose. 7 '(3) A person who stops being an authorised officer must return 8 the person's identity card to the chief executive officer, within 9 21 days after stopping being an authorised officer, unless the 0 person has a reasonable excuse. Maximum penalty for subsection (3)—10 penalty units.'. 2 311. Amendment of s 209 (Board's responsibilities) 3 Section 209(3)(a), 'and'— 4 omit, insert— 5 'or'. 6 312 Amendment of s 210 (Board of directors) 7 Section 210(4)(a), 'the Local Government Association of 8 Queensland Inc.'— 9 omit, insert— 20 'LGAQ Ltd.'. 21 313. Amendment of s 218 (Members of LG super scheme) 22 Section 218(2)(1), '(a) to (h)'— 23 omit, insert— 24 (a) to (g)'. 25 Page 227 City of Brisbane Bill 2010 Chapter 9 Amendment of Acts Part 3 Amendment of Local Government Act 2009 [s 314] 314 Amendment of s 226 (Super scheme for councillors) Section 226(1)— omit, insert— '1)_ A local government may, for its councillors— (a) establish and amend a superannuation scheme; or (b) _ take part in a superannuation scheme.'. 315 Amendment of s 231 (Members of grants commission) Section 231(7)(a), 'Governor in Council'— omit, insert— 'Minister'. 316 Amendment of s 235 (Administrators who act honestly and without negligence are protected from liability) (1) Section 235(4)(c), 'person' — omit, insert— 'officer'. (2) Section 235(5), 'An'— omit, insert— (3) Section 235(5)(c)— omit, insert— '(c) an authorised person; or (d) another local government employee.'. 317 Amendment of s 236 (Who is authorised to sign local government documents) (1) Section 236(1)(c)— Page 228 Dn nn fF WN on oOo mMmrN DN BW NK Nw WY NF Oo 24 City of Brisbane Bill 2010 Chapter 9 Amendment of Acts Part 3 Amendment of Local Government Act 2009 [s 318] omit, insert— '(c) a councillor or local government employee who is authorised by the head of the local government, in writing, to sign documents. '. (2) Section 236(2)— omit. 318 Amendment of s 239 (Substituted service) Section 239(4)— omit. 319 =' Insertion of new s 239A After section 239— insert— '239A Local Government Acts requiring a statement of a law 'A provision of a Local Government Act, that requires a document to contain a statement of a relevant provision of law, is taken to be complied with if the document states that particulars of the relevant provision may be— (a) obtained, free of charge, on application to the local government; or (b) viewed at an identified website.'. 320 Amendment of s 257 (Delegation of local government powers) (1) Section 257(1)— insert— '(f) acouncillor, for the purpose of exercising a power as a shareholder in relation to a corporate entity.'. Page 229 Dn nN PWN on SCO OADM PWN KF CO NY WwW — 23 25 27 City of Brisbane Bill 2010 Chapter 9 Amendment of Acts Part 3 Amendment of Local Government Act 2009 [s 321] (2) Section 257— insert— '3) <A joint standing committee, of the local government, is a committee consisting of councillors of 2 or more of the local governments.' . Amendment of s 260 (Local government delegations register) Section 260(2), from 'the following'— omit, insert— 'all delegations by the local government, mayor or the chief executive officer in the register of delegations.'. Amendment of s 262 (Powers in support of responsibilities) (1) Section 262(1), 'or another entity'— omit. (2) Section 262(2), 'or entity'— omit. Amendment of s 270 (Regulation-making power) (1) Section 270(2)(d)— omit, insert— '(d) aregister of interests of the following— (i) councillors; (ii) persons who are related to councillors; (iii) other persons who are given responsibilities to perform under this Act; or'. (2) Section 270(2)(h)— Page 230 MABW NY oO ND NA UN fF WH \o wo 2123 25 City of Brisbane Bill 2010 Chapter 9 Amendment of Acts Part 3 Amendment of Local Government Act 2009 [s 324] omit, insert— '(_h) a process for the scrutiny of a local government's budget.'. Amendment of s 281 (Remuneration schedule) Section 281, 'Act.'— omit, insert— 'Act until the tribunal prepares a remuneration schedule.' . Amendment of s 284 (Continuation of electoral and related provisions) Section 284(3), '2010'— omit, insert— '2011'. Amendment of s 287 (Local Government Association) d) ") 2) (2) Section 287(1) and (2)— omit, insert— On and from 1 July 2010— (a) the Local Government Association of Queensland (ncorporated) (LGAQ Inc.) established under the 1993 Act stops being a public authority (however called) for the purposes of an Act (including the Ombudsman Act 2001 and Public Records Act 2002, for example); and (b) all rights, liabilities and interests of LGAQ Inc., that are in existence immediately before 1 July 2010, are taken to be the rights, liabilities and interests of LGAQ Ltd. The LGAQ Lid. is the corporation prescribed under a regulation for this section.'. Section 287(3)(a), (b) and (c), 'LGAQ Limited' — Page 231 NAW sf Wn \o 0 N NY SCOmMINI HD NN fF WW 2326 City of Brisbane Bill 2010 Chapter 9 Amendment of Acts Part 3 Amendment of Local Government Act 2009 [s 327] omit, insert— "LGAQ Ltd.'. (3) Section 287(3)(d) and (5), 'LGAQ Limited' — '288 omit, insert— "LGAQ Ltd'. Renumbering of s 288 (Repeal) Section 288— renumber as section 289. Insertion of new s 288 Chapter 8— insert— Continuing casual commissioners '(1)_ A person appointed as a review commissioner under the 1993 Act immediately before the commencement of this section is, on the commencement, taken to be appointed as a casual commissioner under section 23. "(2) The person— (a) is appointed for a term that is the remainder of the term for which the person was appointed under the 1993 Act; and (b) holds office on the conditions applying to the person under the 1993 Act.'. Amendment of sch 1 (Acts amended) (1) Schedule 1, amendments of Brisbane City Council Business Page 232 and Procedure Act 1939, City of Brisbane Act 1924, Criminal Offence Victims Act 1995, Financial Administration and Audit Act 1977, Freedom of Information Act 1992, Local lon nA WN \o NY SCOmD~W NAN ANAW YN KF CO NW NOR 2527 AA '1AB SA '4A City of Brisbane Bill 2010 Chapter 9 Amendment of Acts Part 3 Amendment of Local Government Act 2009 [s 329] Government (Chinatown and The Valley Malls) Act 1984, Local Government (Queen Street Mall) Act 1981 and Residential Tenancies Act 1994— omit. (2) Schedule 1, amendment of Airport Assets (Restructuring and Disposal) Act 2008, item 1, '1936'— omit, insert— *1993'. (3) Schedule 1, amendments of Body Corporate and Community Management Act 1997, item 1, '1936'— omit, insert— *1993'. (4) Schedule 1, amendments of Local Government Act 1993— insert— Section 5(1), 'councillor, other than a councillor of the Brisbane City Council, is'°— omit, insert— 'councillor is'. Section 5(2)— omit. . (5) Schedule 1, amendments of Local Government Act 1993— insert— Section 284— omit. . (6) Schedule 1, amendments of Local Government Act 1993— insert— Section 298(4)— omit. Page 233 oO mrN DAN FP WNKe aoarAN an fF WN KF CO 21232527 City of Brisbane Bill 2010 Chapter 9 Amendment of Acts Part 3 Amendment of Local Government Act 2009 [s 329] '4B = Section 299(3)— 1 omit. 2 'AC ~=Section 300(4)— 3 omit. 'AD Section 302(2)— 5 omit. 6 '4E Section 314(4)— 7 omit. . (7) Schedule 1, amendments of Local Government Act 1993— 9 insert— 0 '8A Section 415(2)— 1 omit. 2 '8B Section 425(1), 'other than the Brisbane City Council'— 3 omit. '8C Section 425(2)— 5 omit.' . 6 (8) Schedule 1, amendments of Local Government Act 1993— 7 insert— 8 '146A Section 431A— 9 omit. 20 '16B Section 435A, definition nomination entity— 21 omit, insert— 22 Page 234 "16C "16D City of Brisbane Bill 2010 Chapter 9 Amendment of Acts Part 3 Amendment of Local Government Act 2009 [s 329] 'nomination entity, for a candidate's nomination, means the returning officer for the election.'. Chapter 5, part 9, division 1— omit. Section 441C, definition caretaker period— omit, insert— 'caretaker period, for an election, other than a by-election, for a local government, means the election period for the election under this Act.'.'. (9) Schedule 1, amendments of Sanctuary Cove Resort Act 1985, items 1 and 2— omit, insert— Section 5(4), 'Local Government Act 1993'— omit, insert— 'Local Government Act 2009'. Schedule 9, definition former Albert Shire Council, before 'Local Government Act 1993'— insert— "'repealed'.'. (10) Schedule 1, amendment of South Bank Corporation Act 1989, item 1— omit, insert— Sections 17(3), 18(2), 92(2) and 100(1), 'Local Government Act 1993'— omit, insert— 'Local Government Act 2009'.'. Page 235 COMI DWN an WN FO ona 22 24 26 City of Brisbane Bill 2010 Chapter 9 Amendment of Acts Part 3 Amendment of Local Government Act 2009 [s 330] 330 Omission of sch 3 (Comparative terms for the Brisbane City Council) Schedule 3— omit. 331 Amendment of sch 4 (Dictionary) d) (2) Page 236 Schedule 4, definitions auditor-general, corporate entity, drafting certificate, ordinary business matter and Queensland Contact with Lobbyists Code— omit. Schedule 4— insert— 'advice guidelines see section 170A(2). auditor-general means the Queensland Auditor-General under the Auditor-General Act 2009. authorised officer means a person who holds office under section 204D. business activity, of a local government, means trading in goods and services by the local government. cause detriment to a local government— 1 To cause detriment to a local government includes— (a) to sabotage a lawful process of the council (including adopting a budget or conducting a tender process, for example); or (b) to cause the council to suffer a loss in its lawful performance of a function or commercial activity (including the loss of a future contractual arrangement, for example). 2 To cause detriment to a local government does not include— (a) merely embarrassing the council; or C0 OID WN © ANI DN FW NF CO NX So NNW WNre NNNWw NNDUNA NN \o 0 ww Oo City of Brisbane Bill 2010 Chapter 9 Amendment of Acts Part 3 Amendment of Local Government Act 2009 [s 331] (b) merely causing disagreement between councillors. conviction includes a finding of guilt, and the acceptance of a plea of guilty, by a court, whether or not a conviction is recorded. corporate entity means an entity that has been corporatised under this Act and to which the Corporations Act does not apply. criminal history, of a person, means all convictions, other than spent convictions, recorded against the person for offences, in Queensland or elsewhere, whether before or after the commencement of this Act. drafting certificate, for a local law, means a certificate signed by the chief executive officer stating the local law was drafted in accordance with the drafting standards. drafting standards, for local laws, means the standards, for drafting local laws, prescribed under a regulation. investigator see section 212(2). ordinary business matter means— (a) the remuneration of councillors or members of a local government committee; or (b) _ the provision of superannuation entitlements or accident insurance for councillors or local government employees; or (c) | the terms on which goods, services or facilities are to be offered by the local government for use or enjoyment of the public in the local government area; or (d) the making or levying of rates and charges, or the fixing of a cost-recovery fee, by the local government; or (e) a planning scheme of general application in the local government area; or (f) aresolution required for the adoption of a budget for the council; or Page 237 Com ADDN PWN CO WAN DAN FPWN FO NX NNW WNre NNW Nuns NN aon Wn oo W WW Noe City of Brisbane Bill 2010 Chapter 9 Amendment of Acts Part 3 Amendment of Local Government Act 2009 [s 331] (3) Page 238 (g) a matter that is of interest to a person merely as— (i) (ii) (iii) (iv) (v) (vi) an employee of the State or a government entity; or an elector, ratepayer or resident of the local government area; or a beneficiary under a policy of accident insurance, public liability or professional indemnity insurance held, or to be held, by the local government; or a user of goods, services or facilities supplied, or to be supplied, by the local government (whether under a contract or otherwise) as a member of the public in common with other members of the public; or a candidate for election or appointment as a mayor, deputy mayor or member of a committee of the local government. a member of a non-profit, charitable or religious organisation involving no personal financial gain or loss to the person. police commissioner means the commissioner of the police service under the Police Service Administration Act 1990. spent conviction means a conviction— (a) (b) for which the rehabilitation period under the Criminal and Law (Rehabilitation of Offenders) Act 1986 has expired; that is not revived as prescribed by section 11 of that Act. standing committee, of a local government, means a committee of its councillors that meets to discuss the topic decided by the local government when establishing the committee.'. Schedule 4, definition identity card, paragraph (a)— omit, insert— Com ADM PW NY SCO AND NUNPW NK CO NY WY — NNN BRWN NN nN wWNNvNN ououwaNn WwW ed City of Brisbane Bill 2010 Chapter 9 Amendment of Acts Part 4 Amendment of Right to Information Act 2009 [s 332] '(a) identifies the person as an authorised person, local government worker or authorised officer; and'. Part 4 Amendment of Right to Information Act 2009 332 Act amended This part amends the Right to Information Act 2009. 333 Amendment of s 21 (Requirement for publication scheme) (1) Section 21(4)— renumber as section 21(5). (2) Section 21— insert— "(4) Without limiting subsection (3), the Minister may make guidelines about a publication scheme of the Brisbane City Council requiring the scheme to set out that the council has available information of or about the council's Establishment and Coordination Committee.'. 334 Amendment of sch 3 (Exempt information) Schedule 3— insert— '4A BCC Establishment and Coordination Committee information '(1) Information is exempt information for 10 years after its relevant date if— Page 239 \o on NADNBRwW NY KF CO \o ow 22 24 City of Brisbane Bill 2010 Chapter 9 Amendment of Acts Part 4 Amendment of Right to Information Act 2009 [s 334] 2) 'B) (4) "O) Page 240 (a) it has been brought into existence for the consideration of the committee; or (b) its disclosure would reveal any consideration of the committee or would otherwise prejudice the confidentiality of committee considerations or operations. Subsection (1) does not apply to information officially published by decision of the council. Without limiting subsection (1), the following documents are taken to be documents comprised exclusively of exempt information under subsection (1)— (a) committee submissions; (b) committee briefing notes; (c) committee agendas; (d) notes of discussions in committee; (e) committee minutes; (f) committee decisions; (g) a draft of a document mentioned in any of paragraphs (a) to (f). A report of factual or statistical information attached to a document mentioned in subsection (3) is exempt information under subsection (1) only if— (a) its disclosure would have an effect mentioned in subsection (1)(b); or (b) it was brought into existence for the consideration of the committee. In this section— committee means the Establishment and Coordination Committee under the City of Brisbane Act 2010 and includes the Establishment and Coordination Committee, as constituted from time to time before the commencement of this section, under a local law of the council. 0 ON ADANHRW NE om rn ND WN FO NNW NRO NN SES) NN nn N ~ WWWNN Nr OO Ww City of Brisbane Bill 2010 Chapter 9 Amendment of Acts Part 5 Amendment of Workplace Health and Safety Act 1995 [s 335] consideration includes— (a) (b) discussion, deliberation, noting (with or without discussion) or decision; and consideration for any purpose, including, for example, for information or to make a decision. council means the Brisbane City Council. draft includes a preliminary or working draft. relevant date, for information, means— (a) (b) for information considered by the committee—the date the information was most recently considered by the committee; or for other information—the date the information was brought into existence. '4B _— Budgetary information for local governments ") 2) Part 5 Information brought into existence in the course of a local government's budgetary processes is exempt information for 10 years after the date it was brought into existence. Subsection (1) does not apply to information officially published by decision of the local government.' . Amendment of Workplace Health and Safety Act 1995 335 Act amended This part amends the Workplace Health and Safety Act 1995. Page 241 Co mMmN DWP WN WN Fo Om NNN LF 21 23 City of Brisbane Bill 2010 Chapter 9 Amendment of Acts Part 6 Amendment of other Acts [s 336] 336 Amendment of s 170 (Definitions for div 3) Section 170, definition government body, 'another' — omit, insert— 'a local government, another'. Part 6 Amendment of other Acts 337 Minor and consequential amendments Schedule 1 amends the Acts it mentions. Page 242 BR WN Schedule 1 City of Brisbane Bill 2010 amendments Amendments of this Act Long title, from 'Brisbane, to amend'— omit, insert— 'Brisbane'. Section 6, 'schedule 2'— omit, insert— 'the schedule'. Schedule 2— renumber as schedule. Aboriginal Land Act 1991 Section 22(1), 'City of Brisbane Act 1924— omit, insert— 'City of Brisbane Act 2010'. Schedule 1 Minor and consequential section 337 Page 243 12 15 City of Brisbane Bill 2010 Schedule 1 Airport Assets (Restructuring and Disposal) Act 2008 1 Section 99(2)(a), 'of the'-— omit, insert— 'of the City of Brisbane Act 2010 or the'. Brisbane River Tidal Lands Improvement Act 1927 1 Sections 2 and 4, 'City of Brisbane Act 1924— omit, insert— 'City of Brisbane Act 2010'. Building Units and Group Titles Act 1980 1 Section 64(1), 'City of Brisbane Act 1924— omit, insert— 'City of Brisbane Act 2010'. Electoral Act 1992 1 Section 31(3)(a), 'City of Brisbane Act 1924 or'— omit. 2 Section 152(2)(a)(iii)— omit. Page 244 11 City of Brisbane Bill 2010 Schedule 1 Fair Trading Act 1989 1 1 Section 9(1)(b)(iv), 'City of Brisbane Act 1924'— 2 omit, insert— 'City of Brisbane Act 2010". 4 Fair Work (Commonwealth Powers) and Other Provisions Act 2009 nun 1 Section 3, definition local government sector employer, paragraph (b), 'City of Brisbane Act 1924— omit, insert— 'City of Brisbane Act 2010'. 10 \o worn Fire and Rescue Service Act 1990 1 1 Section 114(3), 'City of Brisbane Act 1924— 2 omit, insert— 'City of Brisbane Act 2010'. A 2 Section 115(2), definition relevant provisions— omit, insert— 'relevant provisions means the provisions prescribed under a regulation.'. Oran Page 245 City of Brisbane Bill 2010 Schedule 1 3 Section 119(1), 'under the'-— 1 omit, insert— 2 'under the City of Brisbane Act 2010 or the'. 4 Section 123(2), 'under the'— omit, insert— 5 'under the City of Brisbane Act 2010 or the'. 5 Section 128A(a)— 7 omit, insert— 8 '(a) for Brisbane City Council—special rates and charges, or 9 separate rates and charges, under the City of Brisbane 10 Act 2010;°. 11 Industrial Development Act 1963 12 1 Section 3(6), 'City of Brisbane Act 1924 — 13 omit, insert— 14 'City of Brisbane Act 2010'. 15 Industrial Relations Act 1999 16 1 Section 692(2), 'established under the City of Brisbane 17 Act 1924'— 18 omit, insert— 19 'under the City of Brisbane Act 2010'. 20 Page 246 City of Brisbane Bill 2010 Schedule 1 Judicial Review Act 1991 1 Section 18B omit, insert— '18B Application of Act to corporate entities of local governments 'This Act does not apply to decisions of a corporate entity to the extent provided under— (a) the Local Government Act 2009, section 58A; or (b) _ the City of Brisbane Act 2010, section 57.'. Land Act 1994 1 Section 56(4)(a), 'City of Brisbane Act 1924,— omit, insert— 'City of Brisbane Act 2010'. Libraries Act 1988 1 Section 54, 'City of Brisbane Act 1924'— omit, insert— 'City of Brisbane Act 2010'. Page 247 CoC WAID MNP WwW WN 12 16 City of Brisbane Bill 2010 Schedule 1 Metropolitan Water Supply and Sewerage Act 1909 1 Section 7, 'subject to the provisions of the City of Brisbane Act 1924, section 51, and the order in council made on 28 March 1928 under that section and'— omit. 2 Section 7— insert— "(2) In this section— City of Brisbane means Brisbane under the City of Brisbane Act 2010.'. National Trust of Queensland Act 1963 1 Section 6(3)(a), 'City of Brisbane Act 1924— omit, insert— 'City of Brisbane Act 2010'. Public Sector Ethics Act 1994 1 Schedule, definition local government legislation, 'City of Brisbane Act 1924— omit, insert— 'City of Brisbane Act 2010'. Page 248 Mn BWN Po wonad 1317 19 City of Brisbane Bill 2010 Schedule 1 Racing Venues Development Act 1982 1 Section 32, 'City of Brisbane Act 1924'— omit, insert— 'City of Brisbane Act 2010'. South Bank Corporation Act 1989 1 Section 3, definition council, 'City of Brisbane Act 1924' — omit, insert— 'City of Brisbane Act 2010'. 2 Section 92(2), 'City of Brisbane Act 1924, despite the provisions of the Local Government Act 1993 — omit, insert— 'City of Brisbane Act 2010'. 3 Sections 92(3) and (4), 'City of Brisbane Act 1924 — omit, insert— 'City of Brisbane Act 2010'. 4 Section 100(1), 'City of Brisbane Act 1924'— omit, insert— 'City of Brisbane Act 2010'. Page 249 oOo moO ND Ww NFO City of Brisbane Bill 2010 Schedule Schedule 4, item 64(1), 'Local Government Act 1993 or City of Brisbane Act 1924 — omit, insert— 'City of Brisbane Act 2010'. Urban Land Development Authority Act 2007 Section 20, 'City of Brisbane Act 1924' — omit, insert— 'City of Brisbane Act 2010'. Valuation of Land Act 1944 Page 250 Section 25(3), '1993, section 1027 and the City of Brisbane Act 1924, section 70'— omit, insert— '2009 and the City of Brisbane Act 2010'. Section 25(4), '1993, section 1027'— omit, insert— "2009. Section 25(5), 'City of Brisbane Act 1924, section 70'— omit, insert— 'City of Brisbane Act 2010'. RW Ne Ww NFO City of Brisbane Bill 2010 Schedule 1 Section 25(7), definition rating Act— omit, insert— 'rating Act means— (a) _ the City of Brisbane Act 2010; or (b) the Local Government Act 2009.' . Sections 29A(1), 30(1)(a), 72(1)(c) and 101A(7)(c), 'City of Brisbane Act 1924— omit, insert— 'City of Brisbane Act 2010'. Page 251 nA WN oOo moO ND City of Brisbane Bill 2010 Schedule 2 Schedule 2 Dictionary Page 252 section 6 acceptable requests guidelines see section 166(5). adopt, by the council, means adopt by resolution of the council. advice guidelines see section 166(6). ancillary works and encroachments means— (a) cellars; or (b) gates; or (c) temporary rock anchors for building support; or (d) ancillary works and encroachments under the Transport Infrastructure Act. anti-competitive provision means a provision that a regulation identifies as creating barriers to— (a) entry to a market; or (b) competition within a market. appropriately qualified, for a delegated power, includes having the qualifications, experience or standing to exercise the power. Example of standing— a person's classification level in the public service approved form means a form approved under section 242. approved inspection program see section 118(2). auditor-general means the Queensland Auditor-General under the Auditor-General Act 2009. authorised officer means a person who holds office under the Local Government Act, section 204D. authorised person means a person who holds office under section 194. oO mMmrN DNB W COMI DN FW NF CO ia) re oO NN WwW N NN nn & NW NO NW ow City of Brisbane Bill 2010 Schedule 2 BCC councillor conduct review panel see section 173(7). BCC councillors code of conduct see section 174(2). beginning, of the council's term, see section 156(3). beneficial enterprise see section 41(3). boundary change see section 19(2). Brisbane means the City of Brisbane. Building Act means the Building Act 1975. building certifying activity see section 49(4). building unit means a lot under— (a) the Body Corporate and Community Management Act 1997; or (b) the Building Units and Group Titles Act 1980; or (c) the Integrated Resort Development Act 1987; or (d) the Mixed Use Development Act 1993; or (e) another Act prescribed under a regulation. business activity, of the council, means trading in goods and services by the council. business unit, of the council, means a part of the council that conducts a business activity of the council. cause detriment to the council— 1 To cause detriment to the council includes— (a) to sabotage a lawful process of the council (including adopting a budget or conducting a tender process, for example); or (b) to cause the council to suffer a loss in its lawful performance of a function or commercial activity (including the loss of a future contractual arrangement, for example). 2 To cause detriment to the council does not include— (a) merely embarrassing the council; or (b) merely causing disagreement between councillors. Page 253 omrnNI DNDN WN Com AD WN FW NY KO NY WY rr Oo NNN BRWN NNbvWN COAIDN Ww WwW NY ee Oo 0 City of Brisbane Bill 2010 Schedule 2 Page 254 chairperson of the council means the councillor appointed by the council under section 25(1). change commission means the change commission established under the Local Government Act. charges includes any interest accrued, or premium owing, on the charges. chief executive officer means the person who holds an appointment under section 185. code of competitive conduct see section 49(2). commercialisation, of a significant business activity, see section 46(2). committee chairperson, for a committee of the council, means the councillor appointed by members of the committee as chairperson of the committee. Commonwealth Super Act means the Superannuation Industry (Supervision) Act 1993 (Cwlth). competitive neutrality principle see section 45(3). conclusion, of the election of a councillor, means the day— (a) for quadrennial elections for the election of the councillor—when the names of all elected candidates are published in the gazette; or (b) for a _ by-election (whether or not a poll is conducted)—when the name of the elected candidate is published in the gazette. conflict of interest see section 170(3). consolidated version, of a local law, see section 33(2). contractor, of the council, means— (a) aperson who provides services under a contract with the council; or (b) a person prescribed under a regulation. conviction includes a finding of guilt, and the acceptance of a plea of guilty, by a court, whether or not a conviction is recorded. C0 ON DN PW NR ont aANnN FWN KO Nw a) NNN BRWN NY wv WN NnW NN \o ww So WW WwW WNr City of Brisbane Bill 2010 Schedule 2 corporate entity means an entity that has been corporatised under this Act and to which the Corporations Act does not apply. corporatisation, of a significant business activity, see section 46(3). cost-recovery fee see section 95(2). council see section 9. council employee means any of the following of or relating to the council— (a) the chief executive officer; (b) asenior contract employee; (c) aperson holding an appointment under section 188. councillor, for the council, includes the mayor. council worker see section 123(6). court means a court of competent jurisdiction. Crime and Misconduct Act means the Crime and Misconduct Act 2001. criminal history, of a person, means all convictions, other than spent convictions, recorded against the person for offences, in Queensland or elsewhere, whether before or after the commencement of this Act. department's chief executive means the chief executive of the department. distribution, of a how-to-vote card— (a) includes make the card available to other persons; but (b) does not include merely display the card. Examples— 1 A person distributes how-to-vote cards if the person hands the cards to other persons or leaves them at a place for other persons to take away. 2 A person does not distribute how-to-vote cards if the person attaches the cards to walls and other structures, merely for display. Page 255 Com AD NP WNe iS) SCOmDAND UN FP WN KF CO N — NN WN Ro NK WY Nn Nn N ~ WYNN Cowon Wo Nore City of Brisbane Bill 2010 Schedule 2 Page 256 drafting certificate, for a local law, means a certificate signed by the chief executive officer stating the local law was drafted in accordance with the drafting standards. drafting standards, for local laws, means the standards, for drafting local laws, prescribed under a regulation. elected includes re-elected. elector means a person entitled to vote in an election of councillors. Electoral Act means the Electoral Act 1992. electoral commission means the Electoral Commission of Queensland under the Electoral Act. electoral commissioner means the electoral commissioner under the Electoral Act. encumbrance includes any of the following that affects land— (a) amortgage, lien or charge; (b) acaveat; (c) an agreement; (d) ajudgement, writ or process; (e) an interest adverse to the interest of the land's owner; but does not include an easement. establish, a superannuation scheme, includes join in establishing a superannuation scheme. Establishment and Coordination Committee means the council's Establishment and Coordination Committee continued under section 24. final part, of the council's term, see section 156(5). Forestry Act means the Forestry Act 1959. fresh election means an election of all the councillors of the council that is not a quadrennial election. full cost pricing, of a significant business activity, see section 46(4). © AND NHR WNeR Co mWmANI HD NF WN KO NY WwW re Oo NN WN NNW Nuns NON on wn ow WwW Noe City of Brisbane Bill 2010 Schedule 2 full-time government job see section 163(2). general rates see section 90(2). government entity has the same meaning as in the Government Owned Corporations Act 1993. grants commission means the grants commission established under the Local Government Act. head of the council means— (a) if the council is constituted by its councillors—the mayor; or (b) if the council is constituted by its chief executive officer—the chief executive officer. home includes— (a) aroom ina boarding house; and (b) acaravan; and (c) a manufactured home within the meaning of the Manufactured Homes (Residential Parks) Act 2003, section 10. Housing Act contract means a contract of sale— (a) that was entered into under— (i) the State Housing Act 1945, section 24, before the repeal of that Act; or (ii) the Housing Act 2003, section 113; or (b) under which— (i) the purchase price, other than the deposit, is payable in 2 or more instalments; or (ii) the sale is of a share in a house and land. how-to-vote card means— (a) acard, handbill or pamphlet, relating to an election for which optional preferential voting applies, that— (i) _ is or includes a representation of a ballot paper or part of a ballot paper; or Page 257 om IA DN FW NY eordanaMnM fF WN FO \o Nw ro NON WN Nw ns NY WY on NW ow Ww ro City of Brisbane Bill 2010 Schedule 2 Page 258 (b) (ii) (iii) (iv) is or includes something apparently intended to represent a ballot paper or part of a ballot paper; or lists the names of any or all of the candidates for the election with a number indicating an order of voting preference against the names of any or all of the candidates; or otherwise directs or encourages the casting of preference votes, other than first preference votes, in a particular way; or a card, handbill or pamphlet, relating to an election for which first-past-the-post voting applies, that— (i) (ii) (iii) is or includes a representation of a ballot paper or part of a ballot paper; or is or includes something apparently intended to represent a ballot paper or part of a ballot paper; or directs or encourages the casting of a vote for a number of particular candidates equal to the number of candidates to be elected. identity card, of a person, means a card that— (a) (b) (c) (d) identifies the person as an authorised person, council worker or authorised officer; and contains a recent photo of the person; and contains a copy of the person's signature; and states the expiry date for the identity card. inappropriate conduct see section 173(4). industrial instrument means an industrial instrument under the Industrial Relations Act. Industrial Relations Act means the Industrial Relations Act 1999. interim local law see section 27(4). investigator see section 200(2). Joint government activity see section 12(2). CAN DANNKW NRE CID NHR WN KO \o Nw ro YN 'R NY N nn BF WN NW mon NW ow WW Ww NF Oo City of Brisbane Bill 2010 Schedule 2 judicial review means a review under the Judicial Review Act. Judicial Review Act means the Judicial Review Act 1991]. land includes— (a) freehold land; and (b) land held from the State for a leasehold interest; and (c) amining claim. Land Act means the Land Act 1994. Land Title Act means the Land Title Act 1994. Local Government Act means the Local Government Act 2009. local government area see the Local Government Act, section 8(2). Local Government (Financial Assistance) Act means the Local Government (Financial Assistance) Act 1995 (Cwlth). local government principles see section 4(2). local government related law means a law under which the council performs the council's responsibilities, including, for example— (a) this Act; and (b) the Local Government Act; and (c) alocal law; and (d) the Planning Act; and (e) aplanning scheme, under the Planning Act; and (f) | the Plumbing and Drainage Act; and (g) the Water Act 2000; and (h) the Water Supply (Safety and Reliability) Act 2008. local law see section 27(2). material personal interest see section 169(2). middle, of the council's term, see section 156(4). Page 259 omrnNI DNDN WN CO AOINID NN FW NF CO NY wvewnrvnypynrnnnvnnw wp oOomrANI DN fF WN YF CO City of Brisbane Bill 2010 Schedule 2 Page 260 mining claim means a mining claim under the Mineral Resources Act 1989. misconduct see section 173(3). model local law see section 27(7). National Competition Policy Agreements means _ the following agreements (made between the Commonwealth and the States on 11 April 1995), as in force for the time being— (a) the Conduct Code Agreement; (b) the Competition Principles Agreement; (c) the Agreement to Implement National Competition Policy and Related Reforms. notice of intention to acquire land see section 64(2). occupier, of property, see section 110(6). ordinary business matter means— (a) the remuneration of councillors or members of a council committee; or (b) _ the provision of superannuation entitlements or accident insurance for councillors or council employees; or (c) | the terms on which goods, services or facilities are to be offered by the council for use or enjoyment of the public in Brisbane; or (d) the making or levying of rates and charges, or the fixing of a cost-recovery fee, by the council; or (e) aplanning scheme of general application in Brisbane; or (f) aresolution required for the adoption of a budget for the council; or (g) a matter that is of interest to a person merely as— (i) anemployee of the State or a government entity; or (ii) an elector, ratepayer or resident of Brisbane; or (iii) a beneficiary under a policy of accident insurance, public liability or professional indemnity insurance held, or to be held, by the council; or Co WANIDN FW NE CNY AN fF WN FO NW row NN Wn N BG NN nn NY wv N o on WW Ww NFO (iv) (v) (vi) City of Brisbane Bill 2010 Schedule 2 a user of goods, services or facilities supplied, or to be supplied, by the council (whether under a contract or otherwise) as a member of the public in common with other members of the public; or a candidate for election or appointment as a mayor, deputy mayor or member of a committee of the council; or a member of a non-profit, charitable or religious organisation involving no personal financial gain or loss to the person. overall State interest is— (a) an interest that the Minister considers affects the economic, environmental or social interest of all or part of the State; or (b) an interest that the Minister considers affects the interest of ensuring there is an accountable, effective and efficient system of local government; or (c) an interest prescribed under a regulation. owner of land— 1 An owner of land is— (a) (b) (c) (d) (e) (f) (g) a registered proprietor of freehold land; or a purchaser of freehold land from the State under an Act; or a purchaser of land under a Housing Act contract; or a person who has a share in land that the person bought under a Housing Act contract; or a lessee of land held from the State, and a manager, overseer or superintendent of the lessee who lives on the land; or the holder of a mining claim or lease; or the holder of land mentioned in the Mineral Resources Act 1989, schedule, definition owner; or Page 261 Com INADN FPWNK Co WANIDN PWN KF OS NY WY rr Oo NN Wh NWN nn NW ND wWNN lao me) w jae WwW WW Wn City of Brisbane Bill 2010 Schedule 2 Page 262 (h) a lessee under the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act 2004; or (i) a lessee of land held from a government entity or the council; or G) _ the holder of an occupation permit or stock grazing permit under the Forestry Act or of a permit prescribed under a regulation; or (k) the holder of a permission to occupy from the chief executive of the department responsible for the administration of the Forestry Act; or (1) the holder of a permit to occupy under the Land Act; or (m) a licensee under the Land Act; or (n) for land on which there is a structure subject to a timeshare scheme—the person notified to the council as the person responsible for the administration of the scheme as between the participants in the scheme; or (0) another person who is entitled to receive rent for the land; or (p) another person who would be entitled to receive rent for the land if it were leased at a full commercial rent. 2 However, an owner of land does not include the State, or a government entity, except as far as the State or government entity is liable under an Act to pay rates. Planning Act means the Sustainable Planning Act 2009. Planning and Environment Court see the Planning Act. planning scheme see the Planning Act, section 79. Plumbing and Drainage Act means the Plumbing and Drainage Act 2002. police commissioner means the commissioner of the police service under the Police Service Administration Act 1990. CO AND NAL WNK COMAANDN FP WN KO NW re oO NNN BRWN NNW AIAN Bw YY WV CoO @w WwW Noe WwW Kw City of Brisbane Bill 2010 Schedule 2 political party means an organisation registered as a political party under the Electoral Act. private property see section 110(4). private sector means an entity that is not— (a) the Commonwealth or a State; or (b) a State authority; or (c) alocal government. property means land, any structure on the land, and a vehicle. public office, of the council, see section 236. public place see section 110(5). public thoroughfare easement is an easement created under— (a) the Land Act, chapter 6, part 4, division 8; or (b) the Land Title Act, part 6, division 4. public utilities means— (a) works for the supply of drainage, electricity, gas, sewerage, telecommunications or water; or (b) works for an infrastructure corridor under the State Development and Public Works Organisation Act 1971, section 82; or (c) works for a purpose mentioned in the State Development and Public Works Organisation Act 1971, section 125; or (d) other works declared under a regulation to be a public utility. quadrennial elections means the elections for local governments that are held in 2012, and every fourth year after 2012. rateable land see section 91(2). rates includes any interest accrued, or premium owing, on the rates. Page 263 omWmrNI DN FW Ne iS) CSCOmDMDAND UN BPW NY CO 2225 2731 City of Brisbane Bill 2010 Schedule 2 Page 264 rates and charges see section 89(2). reasonable proportion of electors see section 17(4). reasonable written notice see section 123(4). registered officer, of a political party, means the registered officer of the political party under the Electoral Act. registrar of titles means the public authority responsible for registering title to land and dealings affecting land. remedial notice see section 123(2). repealed Business and Procedure Act means the repealed Brisbane City Council Business and Procedure Act 1939. repealed City of Brisbane Act means the repealed City of Brisbane Act 1924. repealed mall Act means— (a) the repealed Local Government (Chinatown and The Valley Malls) Act 1984; or (b) _ the repealed Local Government (Queen Street Mall) Act 1981. resolution, of the council, means the formal decision of the council at a council meeting. responsibility includes a function. reward does not include— (a) acouncillor's remuneration as a councillor; or (b) an amount decided under the deed under the Superannuation (State Public Sector) Act 1990 in relation to a transferring member within the meaning of section 32A of that Act; or (c) reasonable expenses actually incurred for any 1 or more of the following— (i) accommodation; (ii) meals; (iii) domestic air travel; Co WAND NF WN Com AD WH Ww NY CO Nw WY NF oO NNNN Dun wW NN aon Ww WwW NY ee Oo 0 City of Brisbane Bill 2010 Schedule 2 (iv) taxi fares or public transport charges; (v) motor vehicle hire; or (d) an amount paid as a pension or otherwise for past service in a full-time government job. road see section 62(2). roads activity see section 49(5). rules of procedure see section 25(4). sanitary drain— (a) means a drain that is immediately connected to, and used to carry discharges from, a soil or waste pipe; but (b) does not include a pipe that is a part of a drain for carrying off effluent from a property after treatment in an on-site sewerage facility. senior contract employee means a council employee who is— (a) employed on a contractual basis; and (b) _ is classified by the council as 'senior executive service'. separate rates and charges see section 90(5). sewerage treatment system means the infrastructure used to receive, transport and treat sewage or effluent (including sewers, access chambers, machinery, outfalls, pumps, structures and vents, for example). sign, a thing, includes the making of a mark on the thing in front of someone else who signs the thing as witness. significant business activity see section 45(4). special rates and charges see section 90(3). spent conviction means a conviction— (a) for which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired; and (b) that is not revived as prescribed by section 11 of that Act. Page 265 omWmrnNI DN FW YN iS) COMMAND WN F&F WNKY CO N — NN WN Ro NK WY Nn Nn Nwny 'oon Ww ro City of Brisbane Bill 2010 Schedule 2 Page 266 standing committee, of the council, means a committee of its councillors that meets to discuss the topics decided by the council when establishing the committee. State-controlled road see the Transport Infrastructure Act, schedule 6. State office, of the department, means the office of the department at the address prescribed under a regulation. Statutory Bodies Financial Arrangements Act means the Statutory Bodies Financial Arrangements Act 1982. statutory committee, of the council, means a committee of the council that is required under this Act and may not be dissolved by the council. stormwater drain see section 80(2). stormwater installation see section 80(3). structure means anything that is built or constructed, whether or not it is attached to land. subordinate local law see section 27(5). super board see the Local Government Act, section 208(1). sustainable development is development that is designed to meet present needs while also taking into account future costs (including costs to the environment and the depletion of natural resources, for example). timeshare scheme, for a structure, means a scheme that is to operate for at least 3 years during which time the participants in the scheme are, or may become, entitled to use, occupy or possess the structure, or part of the structure, for 2 or more periods. Transport Infrastructure Act means the Transport Infrastructure Act 1994. tribunal see the Local Government Act, section 183. trust deed means a trust deed made by the super board. Com AD NH WNe on aN fF WwW NRO NNW NRF Ow NWNONNNW AUDNHW NW ow Ww Ww rr Oo City of Brisbane Bill 2010 Schedule 2 utility charges see section 90(4). ward, of Brisbane, see section 17(1). © State of Queensland 2010 Page 267