{"id":"qld:sl-2012-0235","name":"City of Brisbane Regulation 2012","slug":"city-of-brisbane-regulation-2012","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"235 of 2012","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175671,"registerId":"qld-qld:sl-2012-0235-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.2-pt.1","sectionType":"part","heading":"Brisbane’s external boundaries and its wards","content":"# Brisbane’s external boundaries and its wards","sortOrder":0},{"sectionNumber":"sec.3","sectionType":"section","heading":"Boundaries of Brisbane— Act , s 7 (4)","content":"### sec.3 Boundaries of Brisbane— Act , s 7 (4)\n\nExternal boundaries of Brisbane are shown on map LGB 1 edition 3, sheet 1.\nTo remove any doubt, it is declared that any part of a watercourse, including the land below the high-water mark of the watercourse, that is within the boundary of Brisbane is part of Brisbane.\nBrisbane is the council’s local government area.\nA watercourse includes a canal, lake or river.\ns 3 amd 2015 SL No. 182 s 10 ; 2016 SL No. 195 s 3 ; 2019 SL No. 259 s 6\n(sec.3-ssec.1) External boundaries of Brisbane are shown on map LGB 1 edition 3, sheet 1.\n(sec.3-ssec.2) To remove any doubt, it is declared that any part of a watercourse, including the land below the high-water mark of the watercourse, that is within the boundary of Brisbane is part of Brisbane. Brisbane is the council’s local government area.\n(sec.3-ssec.3) A watercourse includes a canal, lake or river.","sortOrder":1},{"sectionNumber":"sec.4","sectionType":"section","heading":"Wards of Brisbane— Act , s 17 (2)","content":"### sec.4 Wards of Brisbane— Act , s 17 (2)\n\nThe wards of Brisbane are named in schedule 1 .\nThe boundaries of each ward are shown on map LGB 1 edition 3, sheets 2 to 27.\nFor each ward, the boundaries are shown on the sheet number of map LGB 1 edition 3 stated in schedule 1 opposite the ward’s name.\ns 4 amd 2015 SL No. 182 s 11 ; 2016 SL No. 195 s 4 ; 2019 SL No. 259 s 7\n(sec.4-ssec.1) The wards of Brisbane are named in schedule 1 .\n(sec.4-ssec.2) The boundaries of each ward are shown on map LGB 1 edition 3, sheets 2 to 27.\n(sec.4-ssec.3) For each ward, the boundaries are shown on the sheet number of map LGB 1 edition 3 stated in schedule 1 opposite the ward’s name.","sortOrder":2},{"sectionNumber":"sec.5","sectionType":"section","heading":"Availability of map of Brisbane","content":"### sec.5 Availability of map of Brisbane\n\nThe department’s chief executive must ensure—\nthe department’s website states a place or places where a copy of map LGB 1 edition 3 (including sheets 2 to 27 of the map) may be viewed by the public; and\na copy of the map may be viewed by the public at the place or places; and\nthe council has a copy of the map.\nThe council must ensure the public may view a copy of map LGB 1 edition 3 (including sheets 2 to 27 of the map) at its public office.\ns 5 amd 2015 SL No. 182 s 12 ; 2016 SL No. 195 s 5 ; 2019 SL No. 259 s 8\n(sec.5-ssec.1) The department’s chief executive must ensure— the department’s website states a place or places where a copy of map LGB 1 edition 3 (including sheets 2 to 27 of the map) may be viewed by the public; and a copy of the map may be viewed by the public at the place or places; and the council has a copy of the map.\n(sec.5-ssec.2) The council must ensure the public may view a copy of map LGB 1 edition 3 (including sheets 2 to 27 of the map) at its public office.\n- (a) the department’s website states a place or places where a copy of map LGB 1 edition 3 (including sheets 2 to 27 of the map) may be viewed by the public; and\n- (b) a copy of the map may be viewed by the public at the place or places; and\n- (c) the council has a copy of the map.","sortOrder":3},{"sectionNumber":"ch.2-pt.2","sectionType":"part","heading":"Changing Brisbane’s external boundaries","content":"# Changing Brisbane’s external boundaries","sortOrder":4},{"sectionNumber":"sec.6","sectionType":"section","heading":"What pt 2 is about","content":"### sec.6 What pt 2 is about\n\nThis part prescribes, for section 21 (2) (c) of the Act , the other matters to be considered by the change commission when assessing whether a proposed boundary change is in the public interest.","sortOrder":5},{"sectionNumber":"sec.7","sectionType":"section","heading":"Communities of interest","content":"### sec.7 Communities of interest\n\nThe external boundaries of Brisbane should be drawn in a way that has regard to communities of interest, including that Brisbane should generally—\nreflect local communities, for example, the geographical pattern of human activities (where people live, work and engage in leisure activities), and the linkages between local communities; and\nhave a centre, or centres, of administration and service easily accessible to its population; and\nensure effective elected representation for residents and ratepayers; and\nhave external boundaries that—\ndo not divide local neighbourhoods or adjacent rural and urban areas with common interests or interdependencies, including, for example, economic, cultural and ethnic interests or interdependencies; and\nsubject to the water catchment principle—follow the natural geographical features and non-natural features separating different communities; and\ndo not dissect properties.\nThe water catchment principle is the principle that water catchment areas should generally be included in the local government area they service.\n(sec.7-ssec.1) The external boundaries of Brisbane should be drawn in a way that has regard to communities of interest, including that Brisbane should generally— reflect local communities, for example, the geographical pattern of human activities (where people live, work and engage in leisure activities), and the linkages between local communities; and have a centre, or centres, of administration and service easily accessible to its population; and ensure effective elected representation for residents and ratepayers; and have external boundaries that— do not divide local neighbourhoods or adjacent rural and urban areas with common interests or interdependencies, including, for example, economic, cultural and ethnic interests or interdependencies; and subject to the water catchment principle—follow the natural geographical features and non-natural features separating different communities; and do not dissect properties.\n(sec.7-ssec.2) The water catchment principle is the principle that water catchment areas should generally be included in the local government area they service.\n- (a) reflect local communities, for example, the geographical pattern of human activities (where people live, work and engage in leisure activities), and the linkages between local communities; and\n- (b) have a centre, or centres, of administration and service easily accessible to its population; and\n- (c) ensure effective elected representation for residents and ratepayers; and\n- (d) have external boundaries that— (i) do not divide local neighbourhoods or adjacent rural and urban areas with common interests or interdependencies, including, for example, economic, cultural and ethnic interests or interdependencies; and (ii) subject to the water catchment principle—follow the natural geographical features and non-natural features separating different communities; and (iii) do not dissect properties.\n- (i) do not divide local neighbourhoods or adjacent rural and urban areas with common interests or interdependencies, including, for example, economic, cultural and ethnic interests or interdependencies; and\n- (ii) subject to the water catchment principle—follow the natural geographical features and non-natural features separating different communities; and\n- (iii) do not dissect properties.\n- (i) do not divide local neighbourhoods or adjacent rural and urban areas with common interests or interdependencies, including, for example, economic, cultural and ethnic interests or interdependencies; and\n- (ii) subject to the water catchment principle—follow the natural geographical features and non-natural features separating different communities; and\n- (iii) do not dissect properties.","sortOrder":6},{"sectionNumber":"sec.8","sectionType":"section","heading":"Joint arrangements","content":"### sec.8 Joint arrangements\n\nRegard should be had to whether or not a joint arrangement should be established instead of, or in combination with, a change to the external boundaries of Brisbane.\nA joint arrangement includes the following—\na joint local government;\na joint standing committee;\njoint action by agreement;\nthe joint exercise of local government jurisdiction or the joint operation of an activity, facility or service;\nan agreement on, or extension of, an activity, facility or service outside Brisbane;\na contribution for the operation of an activity, facility or service outside Brisbane;\nresource sharing by the council and other local governments;\nany other type of arrangement of a joint nature the change commission considers appropriate, including an arrangement not dealt with under the Act .\n(sec.8-ssec.1) Regard should be had to whether or not a joint arrangement should be established instead of, or in combination with, a change to the external boundaries of Brisbane.\n(sec.8-ssec.2) A joint arrangement includes the following— a joint local government; a joint standing committee; joint action by agreement; the joint exercise of local government jurisdiction or the joint operation of an activity, facility or service; an agreement on, or extension of, an activity, facility or service outside Brisbane; a contribution for the operation of an activity, facility or service outside Brisbane; resource sharing by the council and other local governments; any other type of arrangement of a joint nature the change commission considers appropriate, including an arrangement not dealt with under the Act .\n- (a) a joint local government;\n- (b) a joint standing committee;\n- (c) joint action by agreement;\n- (d) the joint exercise of local government jurisdiction or the joint operation of an activity, facility or service;\n- (e) an agreement on, or extension of, an activity, facility or service outside Brisbane;\n- (f) a contribution for the operation of an activity, facility or service outside Brisbane;\n- (g) resource sharing by the council and other local governments;\n- (h) any other type of arrangement of a joint nature the change commission considers appropriate, including an arrangement not dealt with under the Act .","sortOrder":7},{"sectionNumber":"sec.9","sectionType":"section","heading":"Planning","content":"### sec.9 Planning\n\nThe external boundaries of Brisbane should be drawn in a way that—\nhelps in—\nthe planning and development for the benefit of Brisbane; and\nthe efficient and effective operation of its facilities, services and activities; and\nhas regard to existing and expected population growth.\n- (a) helps in— (i) the planning and development for the benefit of Brisbane; and (ii) the efficient and effective operation of its facilities, services and activities; and\n- (i) the planning and development for the benefit of Brisbane; and\n- (ii) the efficient and effective operation of its facilities, services and activities; and\n- (b) has regard to existing and expected population growth.\n- (i) the planning and development for the benefit of Brisbane; and\n- (ii) the efficient and effective operation of its facilities, services and activities; and","sortOrder":8},{"sectionNumber":"sec.10","sectionType":"section","heading":"Resource base sufficiency","content":"### sec.10 Resource base sufficiency\n\nThe council should have a sufficient resource base—\nto be able to efficiently and effectively exercise its jurisdiction and operate facilities, services and activities; and\nto be flexible and responsive in the exercise of its jurisdiction and the operation of its activities, facilities and services.\n- (a) to be able to efficiently and effectively exercise its jurisdiction and operate facilities, services and activities; and\n- (b) to be flexible and responsive in the exercise of its jurisdiction and the operation of its activities, facilities and services.","sortOrder":9},{"sectionNumber":"ch.3-pt.1","sectionType":"part","heading":"Local laws","content":"# Local laws","sortOrder":10},{"sectionNumber":"sec.11","sectionType":"section","heading":"Local law register— Act , s 34","content":"### sec.11 Local law register— Act , s 34\n\nFor section 34 (1) of the Act , the council’s register of its local laws must contain, for each local law, the local law’s name, purposes and general effect.\nA person may, on payment of a fee decided by the council, request an extract or a certified copy of a local law from the register of its local laws.\nThe fee mentioned in subsection (2) must be no more than the reasonable cost of providing the extract or copy.\nThe council must publish the register of its local laws on its website.\n(sec.11-ssec.1) For section 34 (1) of the Act , the council’s register of its local laws must contain, for each local law, the local law’s name, purposes and general effect.\n(sec.11-ssec.2) A person may, on payment of a fee decided by the council, request an extract or a certified copy of a local law from the register of its local laws.\n(sec.11-ssec.3) The fee mentioned in subsection (2) must be no more than the reasonable cost of providing the extract or copy.\n(sec.11-ssec.4) The council must publish the register of its local laws on its website.","sortOrder":11},{"sectionNumber":"sec.12","sectionType":"section","heading":"Anti-competitive provisions and review procedures","content":"### sec.12 Anti-competitive provisions and review procedures\n\nFor the Act , schedule , definition anti-competitive provision , a provision is identified as creating a barrier to entry to a market or competition within a market if a local government, applying the competition policy guidelines, identifies the provision as creating one of those barriers.\nFor section 41 (1) of the Act , the procedures prescribed are the procedures mentioned in the competition policy guidelines.\nThe competition policy guidelines is the document called ‘National Competition Policy Guidelines for conducting reviews on anti-competitive provisions in local laws’, version 1, made by the department.\nA copy of the competition policy guidelines is available on the department’s website.\ns 12 sub 2013 SL No. 273 s 4\n(sec.12-ssec.1) For the Act , schedule , definition anti-competitive provision , a provision is identified as creating a barrier to entry to a market or competition within a market if a local government, applying the competition policy guidelines, identifies the provision as creating one of those barriers.\n(sec.12-ssec.2) For section 41 (1) of the Act , the procedures prescribed are the procedures mentioned in the competition policy guidelines.\n(sec.12-ssec.3) The competition policy guidelines is the document called ‘National Competition Policy Guidelines for conducting reviews on anti-competitive provisions in local laws’, version 1, made by the department. A copy of the competition policy guidelines is available on the department’s website.","sortOrder":12},{"sectionNumber":"sec.13","sectionType":"section","heading":null,"content":"### Section sec.13\n\ns 13 om 2013 SL No. 273 s 4","sortOrder":13},{"sectionNumber":"ch.3-pt.2","sectionType":"part","heading":"Business reform, including competitive neutrality","content":"# Business reform, including competitive neutrality","sortOrder":14},{"sectionNumber":"ch.3-pt.2-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":15},{"sectionNumber":"sec.14","sectionType":"section","heading":"What pt 2 is about","content":"### sec.14 What pt 2 is about\n\nThis part is about reforming a significant business activity of the council in accordance with the competitive neutrality principle.\nSee sections 47 and 48 of the Act .","sortOrder":16},{"sectionNumber":"sec.15","sectionType":"section","heading":"Reforming a significant business activity","content":"### sec.15 Reforming a significant business activity\n\nThe council must identify and assess each new significant business activity for possible reform.\nIf the council decides to reform the significant business activity, the reform must involve—\napplying full cost pricing to the activity; or\ncommercialising the activity; or\ncorporatising the activity by creating a corporatised business entity to conduct the activity.\n(sec.15-ssec.1) The council must identify and assess each new significant business activity for possible reform.\n(sec.15-ssec.2) If the council decides to reform the significant business activity, the reform must involve— applying full cost pricing to the activity; or commercialising the activity; or corporatising the activity by creating a corporatised business entity to conduct the activity.\n- (a) applying full cost pricing to the activity; or\n- (b) commercialising the activity; or\n- (c) corporatising the activity by creating a corporatised business entity to conduct the activity.","sortOrder":17},{"sectionNumber":"ch.3-pt.2-div.2","sectionType":"division","heading":"Identifying significant business activities for reform","content":"## Identifying significant business activities for reform","sortOrder":18},{"sectionNumber":"sec.16","sectionType":"section","heading":"Threshold for significant business activity— Act , s 47","content":"### sec.16 Threshold for significant business activity— Act , s 47\n\nThis section prescribes, for section 47 (4) (b) of the Act , the threshold a business activity must meet to be a significant business activity for a financial year (the current financial year ).\nThe threshold for the business activity is expenditure of at least $9.7m for the business activity for the financial year ending immediately before the current financial year.\nThe Minister must consult with LGAQ Ltd. about a proposed amendment to the threshold.\ns 16 amd 2013 SL No. 273 s 5 ; 2014 SL No. 290 s 4 ; 2015 SL No. 173 s 4 ; 2016 SL No. 217 s 3\nsub 2019 SL No. 39 s 4\n(sec.16-ssec.1) This section prescribes, for section 47 (4) (b) of the Act , the threshold a business activity must meet to be a significant business activity for a financial year (the current financial year ).\n(sec.16-ssec.2) The threshold for the business activity is expenditure of at least $9.7m for the business activity for the financial year ending immediately before the current financial year.\n(sec.16-ssec.3) The Minister must consult with LGAQ Ltd. about a proposed amendment to the threshold.","sortOrder":19},{"sectionNumber":"sec.17","sectionType":"section","heading":"Identifying significant business activity for report— Act , s 49","content":"### sec.17 Identifying significant business activity for report— Act , s 49\n\nFor section 49 (b) of the Act , the council must use the financial information for the previous financial year that was presented to the council’s budget meeting to identify each new significant business activity for the financial year.","sortOrder":20},{"sectionNumber":"ch.3-pt.2-div.3","sectionType":"division","heading":"Full cost pricing","content":"## Full cost pricing","sortOrder":21},{"sectionNumber":"sec.18","sectionType":"section","heading":"What div 3 is about","content":"### sec.18 What div 3 is about\n\nThis division explains how the council applies full cost pricing to a significant business activity as part of the reform of the activity.\nThis division applies whether the reform is done by—\nfull cost pricing; or\ncommercialisation; or\ncorporatisation.\nThis division expands on section 48 of the Act .\n(sec.18-ssec.1) This division explains how the council applies full cost pricing to a significant business activity as part of the reform of the activity.\n(sec.18-ssec.2) This division applies whether the reform is done by— full cost pricing; or commercialisation; or corporatisation.\n(sec.18-ssec.3) This division expands on section 48 of the Act .\n- (a) full cost pricing; or\n- (b) commercialisation; or\n- (c) corporatisation.","sortOrder":22},{"sectionNumber":"sec.19","sectionType":"section","heading":"Full cost pricing","content":"### sec.19 Full cost pricing\n\nThe council applies full cost pricing to a significant business activity by charging for goods or services at the full cost of providing the goods or services, subject to the following—\nthe pricing provisions;\nthe removal of any competitive advantage or disadvantage, whenever possible and appropriate;\nif a competitive advantage or disadvantage can not be removed—the taking of the competitive advantage or disadvantage into account when pricing the goods or services.\nFor subsection (1) —\nthe council applies full cost pricing to a significant business activity if the total projected revenue from providing all of the activity’s goods and services is enough to cover the projected total costs of conducting the activity; and\nit is not relevant whether the projected revenue from providing a particular good or service is enough to cover the projected costs incurred in providing that particular good or service.\nA competitive advantage is an advantage a business entity conducting a significant business activity has over a private sector business because the council owns the activity.\nFor example, a competitive advantage includes—\na financial advantage; and\na procedural advantage; and\na regulatory advantage.\nA business entity conducting a significant business activity has a financial advantage if the business entity—\nis exempt from paying a local government tax a private sector business must pay; or\nis charged a different government tax from the government tax that a private sector business is charged; or\nis charged a lower rate of interest on a bank loan because the State guarantees the loan.\nA business entity conducting a significant business activity has a procedural advantage if the business entity—\ndoes not have to supply the same amount of information under a government approval process as a private sector business; or\ncan access more information for a government approval process than a private sector business can access.\nA business entity conducting a significant business activity has a regulatory advantage if the business entity is exempt (completely or partly) from a government approval process a private sector business must follow.\nA competitive disadvantage is a disadvantage a business entity conducting a significant business activity suffers over a private sector business because the council owns the activity.\nFor example, a competitive disadvantage includes a community service obligation.\n(sec.19-ssec.1) The council applies full cost pricing to a significant business activity by charging for goods or services at the full cost of providing the goods or services, subject to the following— the pricing provisions; the removal of any competitive advantage or disadvantage, whenever possible and appropriate; if a competitive advantage or disadvantage can not be removed—the taking of the competitive advantage or disadvantage into account when pricing the goods or services.\n(sec.19-ssec.2) For subsection (1) — the council applies full cost pricing to a significant business activity if the total projected revenue from providing all of the activity’s goods and services is enough to cover the projected total costs of conducting the activity; and it is not relevant whether the projected revenue from providing a particular good or service is enough to cover the projected costs incurred in providing that particular good or service.\n(sec.19-ssec.3) A competitive advantage is an advantage a business entity conducting a significant business activity has over a private sector business because the council owns the activity.\n(sec.19-ssec.4) For example, a competitive advantage includes— a financial advantage; and a procedural advantage; and a regulatory advantage. A business entity conducting a significant business activity has a financial advantage if the business entity— is exempt from paying a local government tax a private sector business must pay; or is charged a different government tax from the government tax that a private sector business is charged; or is charged a lower rate of interest on a bank loan because the State guarantees the loan. A business entity conducting a significant business activity has a procedural advantage if the business entity— does not have to supply the same amount of information under a government approval process as a private sector business; or can access more information for a government approval process than a private sector business can access. A business entity conducting a significant business activity has a regulatory advantage if the business entity is exempt (completely or partly) from a government approval process a private sector business must follow.\n(sec.19-ssec.5) A competitive disadvantage is a disadvantage a business entity conducting a significant business activity suffers over a private sector business because the council owns the activity.\n(sec.19-ssec.6) For example, a competitive disadvantage includes a community service obligation.\n- (a) the pricing provisions;\n- (b) the removal of any competitive advantage or disadvantage, whenever possible and appropriate;\n- (c) if a competitive advantage or disadvantage can not be removed—the taking of the competitive advantage or disadvantage into account when pricing the goods or services.\n- (a) the council applies full cost pricing to a significant business activity if the total projected revenue from providing all of the activity’s goods and services is enough to cover the projected total costs of conducting the activity; and\n- (b) it is not relevant whether the projected revenue from providing a particular good or service is enough to cover the projected costs incurred in providing that particular good or service.\n- (a) a financial advantage; and\n- (b) a procedural advantage; and\n- (c) a regulatory advantage.\n- • is exempt from paying a local government tax a private sector business must pay; or\n- • is charged a different government tax from the government tax that a private sector business is charged; or\n- • is charged a lower rate of interest on a bank loan because the State guarantees the loan.\n- • does not have to supply the same amount of information under a government approval process as a private sector business; or\n- • can access more information for a government approval process than a private sector business can access.","sortOrder":23},{"sectionNumber":"sec.20","sectionType":"section","heading":"Cost of community service obligations","content":"### sec.20 Cost of community service obligations\n\nThis section applies when the council is deciding what to charge for goods or services provided in conducting a significant business activity.\nThe cost of carrying out community service obligations, less any revenue received from performing the obligations, must be treated as revenue for the significant business activity.\n(sec.20-ssec.1) This section applies when the council is deciding what to charge for goods or services provided in conducting a significant business activity.\n(sec.20-ssec.2) The cost of carrying out community service obligations, less any revenue received from performing the obligations, must be treated as revenue for the significant business activity.","sortOrder":24},{"sectionNumber":"sec.21","sectionType":"section","heading":"Community service obligations","content":"### sec.21 Community service obligations\n\nA community service obligation is an obligation the council imposes on a business entity to do something that is not in the commercial interests of the business entity to do.\ngiving a price concession to a particular group of customers, including pensioners, seniors and students","sortOrder":25},{"sectionNumber":"sec.22","sectionType":"section","heading":"Taking account of government taxes","content":"### sec.22 Taking account of government taxes\n\nA commercialised business unit that is applying full cost pricing to a significant business activity must comply with the tax equivalents manual.\nThe tax equivalents manual is a manual, issued by the Treasurer, about how a local government must account for tax equivalents.\nA tax equivalent is an amount that is the equivalent to the advantage gained by a local government by not paying a tax the local government would be liable to pay if it were a private sector business.\nA tax includes any charge, duty, fee, levy or rate payable under an Act of the Commonwealth or the State, including the Act .\nThe tax equivalents manual may, for example, provide for—\nlodging tax returns; and\nassessing tax returns; and\nrulings, including the application of rulings about taxes imposed under a Commonwealth Act; and\nobjections and appeals against assessments and rulings; and\nthe appointment of tax assessors.\nThe Treasurer must table a copy of each amendment of the tax equivalents manual in the Legislative Assembly within 14 sitting days after the amendment is made.\n(sec.22-ssec.1) A commercialised business unit that is applying full cost pricing to a significant business activity must comply with the tax equivalents manual.\n(sec.22-ssec.2) The tax equivalents manual is a manual, issued by the Treasurer, about how a local government must account for tax equivalents.\n(sec.22-ssec.3) A tax equivalent is an amount that is the equivalent to the advantage gained by a local government by not paying a tax the local government would be liable to pay if it were a private sector business.\n(sec.22-ssec.4) A tax includes any charge, duty, fee, levy or rate payable under an Act of the Commonwealth or the State, including the Act .\n(sec.22-ssec.5) The tax equivalents manual may, for example, provide for— lodging tax returns; and assessing tax returns; and rulings, including the application of rulings about taxes imposed under a Commonwealth Act; and objections and appeals against assessments and rulings; and the appointment of tax assessors.\n(sec.22-ssec.6) The Treasurer must table a copy of each amendment of the tax equivalents manual in the Legislative Assembly within 14 sitting days after the amendment is made.\n- (a) lodging tax returns; and\n- (b) assessing tax returns; and\n- (c) rulings, including the application of rulings about taxes imposed under a Commonwealth Act; and\n- (d) objections and appeals against assessments and rulings; and\n- (e) the appointment of tax assessors.","sortOrder":26},{"sectionNumber":"ch.3-pt.2-div.4","sectionType":"division","heading":"Commercialisation","content":"## Commercialisation","sortOrder":27},{"sectionNumber":"sec.23","sectionType":"section","heading":"What div 4 is about","content":"### sec.23 What div 4 is about\n\nThis division is about the commercialisation of a significant business activity by the council.\nThis involves the council ensuring the significant business activity is conducted by a commercial business unit within the council, as required under this division.\n(sec.23-ssec.1) This division is about the commercialisation of a significant business activity by the council.\n(sec.23-ssec.2) This involves the council ensuring the significant business activity is conducted by a commercial business unit within the council, as required under this division.","sortOrder":28},{"sectionNumber":"sec.24","sectionType":"section","heading":"Commercial business unit","content":"### sec.24 Commercial business unit\n\nAs part of the commercialisation of a significant business activity, the council must—\nif the activity is being conducted by a business unit—convert the business unit to a commercial business unit; or\nif the activity is not being conducted by a business unit—create a commercial business unit and transfer the activity to the commercial business unit.\nA commercial business unit is a business unit that conducts business in accordance with the key principles of commercialisation.\n(sec.24-ssec.1) As part of the commercialisation of a significant business activity, the council must— if the activity is being conducted by a business unit—convert the business unit to a commercial business unit; or if the activity is not being conducted by a business unit—create a commercial business unit and transfer the activity to the commercial business unit.\n(sec.24-ssec.2) A commercial business unit is a business unit that conducts business in accordance with the key principles of commercialisation.\n- (a) if the activity is being conducted by a business unit—convert the business unit to a commercial business unit; or\n- (b) if the activity is not being conducted by a business unit—create a commercial business unit and transfer the activity to the commercial business unit.","sortOrder":29},{"sectionNumber":"sec.25","sectionType":"section","heading":"What are the key principles of commercialisation","content":"### sec.25 What are the key principles of commercialisation\n\nThe key principles of commercialisation , for a commercial business unit, are—\nclarity of objectives, namely that the council—\ngives the unit clear and non-conflicting objectives; and\nsets specific financial and non-financial performance targets for the significant business activity; and\nkeeps activities relating to council policy formulation, or that are of a regulatory nature, separate from the unit, wherever possible; and\nclearly identifies the nature and extent of the community service obligations the unit must perform; and\nsets performance targets for the unit’s community service obligations; and\nseparately costs the unit’s community service obligations; and\nappropriately compensates the unit for performing the community service obligations, and discloses details of the compensation to the public; and\nmanagement autonomy and authority, namely that—\nthe unit remains at arms-length to the council in day-to-day operations; and\nthe council gives the unit autonomy in day-to-day operations, subject to overarching monitoring; and\nany directions the council gives the unit to achieve non-commercial objectives are given in an open way; and\nthe unit uses its best endeavours to ensure the unit meets its performance targets; and\naccountability for performance, namely that—\nthe council monitors the unit’s performance against the performance targets; and\nthe unit must generally be subject to the management framework of the council; and\nthe unit complies with all laws the council must comply with; and\ncompetitive neutrality, namely that the unit complies with the competitive neutrality principle by—\nremoving any competitive advantage or competitive disadvantage, wherever possible and appropriate; and\npromoting efficiency of the use of resources to ensure markets are not unnecessarily distorted.\n- (a) clarity of objectives, namely that the council— (i) gives the unit clear and non-conflicting objectives; and (ii) sets specific financial and non-financial performance targets for the significant business activity; and (iii) keeps activities relating to council policy formulation, or that are of a regulatory nature, separate from the unit, wherever possible; and (iv) clearly identifies the nature and extent of the community service obligations the unit must perform; and (v) sets performance targets for the unit’s community service obligations; and (vi) separately costs the unit’s community service obligations; and (vii) appropriately compensates the unit for performing the community service obligations, and discloses details of the compensation to the public; and\n- (i) gives the unit clear and non-conflicting objectives; and\n- (ii) sets specific financial and non-financial performance targets for the significant business activity; and\n- (iii) keeps activities relating to council policy formulation, or that are of a regulatory nature, separate from the unit, wherever possible; and\n- (iv) clearly identifies the nature and extent of the community service obligations the unit must perform; and\n- (v) sets performance targets for the unit’s community service obligations; and\n- (vi) separately costs the unit’s community service obligations; and\n- (vii) appropriately compensates the unit for performing the community service obligations, and discloses details of the compensation to the public; and\n- (b) management autonomy and authority, namely that— (i) the unit remains at arms-length to the council in day-to-day operations; and (ii) the council gives the unit autonomy in day-to-day operations, subject to overarching monitoring; and (iii) any directions the council gives the unit to achieve non-commercial objectives are given in an open way; and (iv) the unit uses its best endeavours to ensure the unit meets its performance targets; and\n- (i) the unit remains at arms-length to the council in day-to-day operations; and\n- (ii) the council gives the unit autonomy in day-to-day operations, subject to overarching monitoring; and\n- (iii) any directions the council gives the unit to achieve non-commercial objectives are given in an open way; and\n- (iv) the unit uses its best endeavours to ensure the unit meets its performance targets; and\n- (c) accountability for performance, namely that— (i) the council monitors the unit’s performance against the performance targets; and (ii) the unit must generally be subject to the management framework of the council; and (iii) the unit complies with all laws the council must comply with; and\n- (i) the council monitors the unit’s performance against the performance targets; and\n- (ii) the unit must generally be subject to the management framework of the council; and\n- (iii) the unit complies with all laws the council must comply with; and\n- (d) competitive neutrality, namely that the unit complies with the competitive neutrality principle by— (i) removing any competitive advantage or competitive disadvantage, wherever possible and appropriate; and (ii) promoting efficiency of the use of resources to ensure markets are not unnecessarily distorted.\n- (i) removing any competitive advantage or competitive disadvantage, wherever possible and appropriate; and\n- (ii) promoting efficiency of the use of resources to ensure markets are not unnecessarily distorted.\n- (i) gives the unit clear and non-conflicting objectives; and\n- (ii) sets specific financial and non-financial performance targets for the significant business activity; and\n- (iii) keeps activities relating to council policy formulation, or that are of a regulatory nature, separate from the unit, wherever possible; and\n- (iv) clearly identifies the nature and extent of the community service obligations the unit must perform; and\n- (v) sets performance targets for the unit’s community service obligations; and\n- (vi) separately costs the unit’s community service obligations; and\n- (vii) appropriately compensates the unit for performing the community service obligations, and discloses details of the compensation to the public; and\n- (i) the unit remains at arms-length to the council in day-to-day operations; and\n- (ii) the council gives the unit autonomy in day-to-day operations, subject to overarching monitoring; and\n- (iii) any directions the council gives the unit to achieve non-commercial objectives are given in an open way; and\n- (iv) the unit uses its best endeavours to ensure the unit meets its performance targets; and\n- (i) the council monitors the unit’s performance against the performance targets; and\n- (ii) the unit must generally be subject to the management framework of the council; and\n- (iii) the unit complies with all laws the council must comply with; and\n- (i) removing any competitive advantage or competitive disadvantage, wherever possible and appropriate; and\n- (ii) promoting efficiency of the use of resources to ensure markets are not unnecessarily distorted.","sortOrder":30},{"sectionNumber":"sec.26","sectionType":"section","heading":"Converting a business unit to a commercial business unit","content":"### sec.26 Converting a business unit to a commercial business unit\n\nThe council must make the decision to convert a business unit to a commercial business unit by resolution.\nThe council converts a business unit to a commercial business unit by changing the way in which the business unit is conducted to agree with the key principles of commercialisation.\n(sec.26-ssec.1) The council must make the decision to convert a business unit to a commercial business unit by resolution.\n(sec.26-ssec.2) The council converts a business unit to a commercial business unit by changing the way in which the business unit is conducted to agree with the key principles of commercialisation.","sortOrder":31},{"sectionNumber":"sec.27","sectionType":"section","heading":"Creating a commercial business unit","content":"### sec.27 Creating a commercial business unit\n\nThe council must make the decision to create a commercial business unit by resolution.\nThe decision may be made in the same resolution the council makes to commercialise a significant business activity.\nA commercial business unit may be created to conduct more than 1 significant business activity.\n(sec.27-ssec.1) The council must make the decision to create a commercial business unit by resolution.\n(sec.27-ssec.2) The decision may be made in the same resolution the council makes to commercialise a significant business activity.\n(sec.27-ssec.3) A commercial business unit may be created to conduct more than 1 significant business activity.","sortOrder":32},{"sectionNumber":"ch.3-pt.2-div.5","sectionType":"division","heading":"Provisions for code of competitive conduct","content":"## Provisions for code of competitive conduct","sortOrder":33},{"sectionNumber":"sec.28","sectionType":"section","heading":"Building certifying activity— Act , s 51","content":"### sec.28 Building certifying activity— Act , s 51\n\nAny business activity conducted by the council is prescribed for section 51 (4) (b) of the Act .\ns 28 amd 2019 SL No. 39 s 5","sortOrder":34},{"sectionNumber":"sec.29","sectionType":"section","heading":"Prescribed business activities— Act , s 51","content":"### sec.29 Prescribed business activities— Act , s 51\n\nA business activity is prescribed for section 51 (7) of the Act for a financial year if the amount of current expenditure for the business activity for the previous financial year is $340,000 or more.\nThe amount of current expenditure for a business activity for a financial year is the total of the following amounts spent in conducting the activity for the year—\noperational costs;\nadministrative and overhead costs;\ncost of resources;\ndepreciation.\ns 29 amd 2013 SL No. 273 s 6 ; 2014 SL No. 290 s 5 ; 2015 SL No. 173 s 5 ; 2016 SL No. 217 s 4 ; 2019 SL No. 39 s 6\n(sec.29-ssec.1) A business activity is prescribed for section 51 (7) of the Act for a financial year if the amount of current expenditure for the business activity for the previous financial year is $340,000 or more.\n(sec.29-ssec.2) The amount of current expenditure for a business activity for a financial year is the total of the following amounts spent in conducting the activity for the year— operational costs; administrative and overhead costs; cost of resources; depreciation.\n- (a) operational costs;\n- (b) administrative and overhead costs;\n- (c) cost of resources;\n- (d) depreciation.","sortOrder":35},{"sectionNumber":"ch.3-pt.2-div.6","sectionType":"division","heading":"Competitive neutrality complaints","content":"## Competitive neutrality complaints","sortOrder":36},{"sectionNumber":"sec.30","sectionType":"section","heading":"What div 6 is about","content":"### sec.30 What div 6 is about\n\nThis division prescribes, for section 52 (4) of the Act , the process for resolving competitive neutrality complaints.","sortOrder":37},{"sectionNumber":"sec.31","sectionType":"section","heading":"Application of sdiv 2","content":"### sec.31 Application of sdiv 2\n\nThis subdivision applies to a business activity, conducted by a business entity, to which the competitive neutrality principle applies.","sortOrder":38},{"sectionNumber":"sec.32","sectionType":"section","heading":"Complaints management process","content":"### sec.32 Complaints management process\n\nThe complaints management process adopted by the council under section 279 applies to a competitive neutrality complaint in relation to the business entity.\ns 32 sub 2026 Act No. 5 s 31","sortOrder":39},{"sectionNumber":"sec.33","sectionType":"section","heading":"Making a complaint","content":"### sec.33 Making a complaint\n\nA person who wants to make a competitive neutrality complaint must make the complaint in writing to the council.\nThe complaint must contain—\ndetails of the business entity’s alleged failure to comply with the competitive neutrality principle in conducting the business activity the subject of the competitive neutrality complaint; and\ninformation that shows—\nthe person (the complainant ) is, or could be, in competition with the business entity; and\nhow the complainant is, or may be, adversely affected by the business entity’s alleged failure.\nSubsection (4) applies if—\nthe council makes a decision about the complaint; and\nthe complainant tells the council that the complainant is not satisfied with the decision.\nThe council must give the following to the competition authority as soon as practicable—\nthe complaint;\nthe council’s decision about the complaint and the reasons for the decision;\ninformation obtained from any investigation of the complaint.\nThe making of a complaint does not stop the business entity from conducting the business activity.\ns 33 amd 2015 Act No. 29 s 69 sch 2 ; 2021 Act No. 12 s 217 sch 6 ; 2026 Act No. 5 s 32\n(sec.33-ssec.1) A person who wants to make a competitive neutrality complaint must make the complaint in writing to the council.\n(sec.33-ssec.2) The complaint must contain— details of the business entity’s alleged failure to comply with the competitive neutrality principle in conducting the business activity the subject of the competitive neutrality complaint; and information that shows— the person (the complainant ) is, or could be, in competition with the business entity; and how the complainant is, or may be, adversely affected by the business entity’s alleged failure.\n(sec.33-ssec.3) Subsection (4) applies if— the council makes a decision about the complaint; and the complainant tells the council that the complainant is not satisfied with the decision.\n(sec.33-ssec.4) The council must give the following to the competition authority as soon as practicable— the complaint; the council’s decision about the complaint and the reasons for the decision; information obtained from any investigation of the complaint.\n(sec.33-ssec.5) The making of a complaint does not stop the business entity from conducting the business activity.\n- (a) details of the business entity’s alleged failure to comply with the competitive neutrality principle in conducting the business activity the subject of the competitive neutrality complaint; and\n- (b) information that shows— (i) the person (the complainant ) is, or could be, in competition with the business entity; and (ii) how the complainant is, or may be, adversely affected by the business entity’s alleged failure.\n- (i) the person (the complainant ) is, or could be, in competition with the business entity; and\n- (ii) how the complainant is, or may be, adversely affected by the business entity’s alleged failure.\n- (i) the person (the complainant ) is, or could be, in competition with the business entity; and\n- (ii) how the complainant is, or may be, adversely affected by the business entity’s alleged failure.\n- (a) the council makes a decision about the complaint; and\n- (b) the complainant tells the council that the complainant is not satisfied with the decision.\n- (a) the complaint;\n- (b) the council’s decision about the complaint and the reasons for the decision;\n- (c) information obtained from any investigation of the complaint.","sortOrder":40},{"sectionNumber":"sec.34","sectionType":"section","heading":"Competition authority must investigate and report on complaint","content":"### sec.34 Competition authority must investigate and report on complaint\n\nThe competition authority must, subject to this part, investigate and report on a competitive neutrality complaint received under section 33 .\ns 34 amd 2015 Act No. 29 s 69 sch 2 ; 2021 Act No. 12 s 217 sch 6","sortOrder":41},{"sectionNumber":"sec.35","sectionType":"section","heading":"Competition authority requiring further information","content":"### sec.35 Competition authority requiring further information\n\nThe competition authority may, by notice given to a complainant, require the complainant to give the competition authority further information about the complaint (the additional information ) within the reasonable period stated in the notice (the stated period ).\nHowever, the competition authority may only require additional information that is necessary and reasonable to help the competition authority to decide whether or not to investigate the complaint.\nThe competition authority may refuse to investigate a complaint if the complainant fails, without reasonable excuse, to give the competition authority the additional information within the stated period.\ns 35 amd 2015 Act No. 29 s 69 sch 2 ; 2021 Act No. 12 s 217 sch 6\n(sec.35-ssec.1) The competition authority may, by notice given to a complainant, require the complainant to give the competition authority further information about the complaint (the additional information ) within the reasonable period stated in the notice (the stated period ).\n(sec.35-ssec.2) However, the competition authority may only require additional information that is necessary and reasonable to help the competition authority to decide whether or not to investigate the complaint.\n(sec.35-ssec.3) The competition authority may refuse to investigate a complaint if the complainant fails, without reasonable excuse, to give the competition authority the additional information within the stated period.","sortOrder":42},{"sectionNumber":"sec.36","sectionType":"section","heading":"Competition authority refusing to investigate","content":"### sec.36 Competition authority refusing to investigate\n\nThe competition authority may refuse to investigate a competitive neutrality complaint if the competition authority reasonably believes that—\nthe complainant is not, or will not be, in competition with the council, after the competition authority considers—\nwhether the complainant is, or will be, supplying goods or services that are similar to the goods or services the business activity supplies; and\nthe laws relating to competition that apply to the business activity; or\nthe complainant is not, or is unlikely to be, adversely affected if the business activity is not conducted in a way that complies with the competitive neutrality principle; or\nthe complaint is frivolous or vexatious.\nIf the competition authority refuses to investigate the complaint, the competition authority must give each of the following a refusal notice within 14 days—\nthe complainant;\nthe council.\nA refusal notice is a document that states—\nthat the competition authority has refused to investigate the complaint; and\nthe reasons for the refusal.\ns 36 amd 2015 Act No. 29 s 69 sch 2 ; 2021 Act No. 12 s 217 sch 6 ; 2026 Act No. 5 s 33\n(sec.36-ssec.1) The competition authority may refuse to investigate a competitive neutrality complaint if the competition authority reasonably believes that— the complainant is not, or will not be, in competition with the council, after the competition authority considers— whether the complainant is, or will be, supplying goods or services that are similar to the goods or services the business activity supplies; and the laws relating to competition that apply to the business activity; or the complainant is not, or is unlikely to be, adversely affected if the business activity is not conducted in a way that complies with the competitive neutrality principle; or the complaint is frivolous or vexatious.\n(sec.36-ssec.2) If the competition authority refuses to investigate the complaint, the competition authority must give each of the following a refusal notice within 14 days— the complainant; the council.\n(sec.36-ssec.3) A refusal notice is a document that states— that the competition authority has refused to investigate the complaint; and the reasons for the refusal.\n- (a) the complainant is not, or will not be, in competition with the council, after the competition authority considers— (i) whether the complainant is, or will be, supplying goods or services that are similar to the goods or services the business activity supplies; and (ii) the laws relating to competition that apply to the business activity; or\n- (i) whether the complainant is, or will be, supplying goods or services that are similar to the goods or services the business activity supplies; and\n- (ii) the laws relating to competition that apply to the business activity; or\n- (b) the complainant is not, or is unlikely to be, adversely affected if the business activity is not conducted in a way that complies with the competitive neutrality principle; or\n- (c) the complaint is frivolous or vexatious.\n- (i) whether the complainant is, or will be, supplying goods or services that are similar to the goods or services the business activity supplies; and\n- (ii) the laws relating to competition that apply to the business activity; or\n- (a) the complainant;\n- (b) the council.\n- (a) that the competition authority has refused to investigate the complaint; and\n- (b) the reasons for the refusal.","sortOrder":43},{"sectionNumber":"sec.37","sectionType":"section","heading":"Notice of intention to investigate","content":"### sec.37 Notice of intention to investigate\n\nBefore the competition authority starts to investigate a competitive neutrality complaint, the competition authority must give an investigation notice to—\nthe complainant; and\nthe council; and\nif a corporatised business entity is conducting the business activity—the corporatised business entity.\nThe competition authority may also give an investigation notice to another person the competition authority considers appropriate.\nAn investigation notice is a document that—\nstates the competition authority’s intention to investigate a competitive neutrality complaint; and\nstates the subject matter of the complaint, or has a copy of the complaint attached; and\ninvites the complainant to make written submissions or, if the competition authority approves, oral submissions about the matter; and\nstates a reasonable period within which the submissions may be made; and\nstates the competition authority’s address.\ns 37 amd 2015 Act No. 29 s 69 sch 2 ; 2021 Act No. 12 s 217 sch 6\n(sec.37-ssec.1) Before the competition authority starts to investigate a competitive neutrality complaint, the competition authority must give an investigation notice to— the complainant; and the council; and if a corporatised business entity is conducting the business activity—the corporatised business entity.\n(sec.37-ssec.2) The competition authority may also give an investigation notice to another person the competition authority considers appropriate.\n(sec.37-ssec.3) An investigation notice is a document that— states the competition authority’s intention to investigate a competitive neutrality complaint; and states the subject matter of the complaint, or has a copy of the complaint attached; and invites the complainant to make written submissions or, if the competition authority approves, oral submissions about the matter; and states a reasonable period within which the submissions may be made; and states the competition authority’s address.\n- (a) the complainant; and\n- (b) the council; and\n- (c) if a corporatised business entity is conducting the business activity—the corporatised business entity.\n- (a) states the competition authority’s intention to investigate a competitive neutrality complaint; and\n- (b) states the subject matter of the complaint, or has a copy of the complaint attached; and\n- (c) invites the complainant to make written submissions or, if the competition authority approves, oral submissions about the matter; and\n- (d) states a reasonable period within which the submissions may be made; and\n- (e) states the competition authority’s address.","sortOrder":44},{"sectionNumber":"sec.38","sectionType":"section","heading":"Power to require certain information from council or corporatised business entity","content":"### sec.38 Power to require certain information from council or corporatised business entity\n\nWhen investigating a competitive neutrality complaint, the competition authority may give an information requirement notice to—\nthe council; or\nif a corporatised business entity is conducting the business activity—the corporatised business entity.\nAn information requirement notice is a written notice that states the council or corporatised business entity is required to—\ngive the competition authority stated information relevant to the complaint within a stated period; or\nproduce a stated document relevant to the complaint to the competition authority at a stated time and place.\nThe council or corporatised business entity must comply with the notice unless—\nthe stated information or document is subject to legal professional privilege, parliamentary privilege or public interest immunity; or\ngiving the stated information or document to the competition authority is prohibited under an Act; or\ngiving the stated information or document to the competition authority could reasonably be expected to prejudice the investigation of a contravention, or possible contravention, of a law.\nThe council or corporatised business entity is not liable for a breach of a contract, confidence or duty for giving the competition authority a copy of the stated information, or producing the stated document to the authority, in compliance with the notice.\ns 38 prev s 38 om 2015 Act No. 29 s 69 sch 2\npres s 38 ins 2021 Act No. 12 s 197\n(sec.38-ssec.1) When investigating a competitive neutrality complaint, the competition authority may give an information requirement notice to— the council; or if a corporatised business entity is conducting the business activity—the corporatised business entity.\n(sec.38-ssec.2) An information requirement notice is a written notice that states the council or corporatised business entity is required to— give the competition authority stated information relevant to the complaint within a stated period; or produce a stated document relevant to the complaint to the competition authority at a stated time and place.\n(sec.38-ssec.3) The council or corporatised business entity must comply with the notice unless— the stated information or document is subject to legal professional privilege, parliamentary privilege or public interest immunity; or giving the stated information or document to the competition authority is prohibited under an Act; or giving the stated information or document to the competition authority could reasonably be expected to prejudice the investigation of a contravention, or possible contravention, of a law.\n(sec.38-ssec.4) The council or corporatised business entity is not liable for a breach of a contract, confidence or duty for giving the competition authority a copy of the stated information, or producing the stated document to the authority, in compliance with the notice.\n- (a) the council; or\n- (b) if a corporatised business entity is conducting the business activity—the corporatised business entity.\n- (a) give the competition authority stated information relevant to the complaint within a stated period; or\n- (b) produce a stated document relevant to the complaint to the competition authority at a stated time and place.\n- (a) the stated information or document is subject to legal professional privilege, parliamentary privilege or public interest immunity; or\n- (b) giving the stated information or document to the competition authority is prohibited under an Act; or\n- (c) giving the stated information or document to the competition authority could reasonably be expected to prejudice the investigation of a contravention, or possible contravention, of a law.","sortOrder":45},{"sectionNumber":"sec.39","sectionType":"section","heading":"Matters competition authority must consider when investigating","content":"### sec.39 Matters competition authority must consider when investigating\n\nThe competition authority must consider the competitive neutrality criteria when investigating a competitive neutrality complaint.\nThe following matters are the competitive neutrality criteria —\nthe need to ensure the competitive neutrality principle is complied with;\nany council policies about the competitive neutrality principle, including, for example—\ndirections the council gives to the business entity conducting the business activity the subject of the competitive neutrality complaint; and\narrangements between the council and the business entity about a competitive advantage gained, or competitive disadvantage suffered, by the business entity; and\nsocial welfare and equity considerations, including, for example, community service obligations, and the availability of goods and services to consumers; and\npolicies on economic and regional development issues, including, for example, policies on employment and investment growth;\ncouncil policies, or a law, about—\necologically sustainable development; or\nindustrial relations; or\noccupational health and safety;\nthe need to promote competition;\nthe need to allocate resources efficiently.\nSubsection (1) does not limit the matters the competition authority may consider when investigating a competitive neutrality complaint.\ns 39 amd 2015 Act No. 29 s 69 sch 2 ; 2021 Act No. 12 s 217 sch 6\n(sec.39-ssec.1) The competition authority must consider the competitive neutrality criteria when investigating a competitive neutrality complaint.\n(sec.39-ssec.2) The following matters are the competitive neutrality criteria — the need to ensure the competitive neutrality principle is complied with; any council policies about the competitive neutrality principle, including, for example— directions the council gives to the business entity conducting the business activity the subject of the competitive neutrality complaint; and arrangements between the council and the business entity about a competitive advantage gained, or competitive disadvantage suffered, by the business entity; and social welfare and equity considerations, including, for example, community service obligations, and the availability of goods and services to consumers; and policies on economic and regional development issues, including, for example, policies on employment and investment growth; council policies, or a law, about— ecologically sustainable development; or industrial relations; or occupational health and safety; the need to promote competition; the need to allocate resources efficiently.\n(sec.39-ssec.3) Subsection (1) does not limit the matters the competition authority may consider when investigating a competitive neutrality complaint.\n- (a) the need to ensure the competitive neutrality principle is complied with;\n- (b) any council policies about the competitive neutrality principle, including, for example— (i) directions the council gives to the business entity conducting the business activity the subject of the competitive neutrality complaint; and (ii) arrangements between the council and the business entity about a competitive advantage gained, or competitive disadvantage suffered, by the business entity; and (iii) social welfare and equity considerations, including, for example, community service obligations, and the availability of goods and services to consumers; and (iv) policies on economic and regional development issues, including, for example, policies on employment and investment growth;\n- (i) directions the council gives to the business entity conducting the business activity the subject of the competitive neutrality complaint; and\n- (ii) arrangements between the council and the business entity about a competitive advantage gained, or competitive disadvantage suffered, by the business entity; and\n- (iii) social welfare and equity considerations, including, for example, community service obligations, and the availability of goods and services to consumers; and\n- (iv) policies on economic and regional development issues, including, for example, policies on employment and investment growth;\n- (c) council policies, or a law, about— (i) ecologically sustainable development; or (ii) industrial relations; or (iii) occupational health and safety;\n- (i) ecologically sustainable development; or\n- (ii) industrial relations; or\n- (iii) occupational health and safety;\n- (d) the need to promote competition;\n- (e) the need to allocate resources efficiently.\n- (i) directions the council gives to the business entity conducting the business activity the subject of the competitive neutrality complaint; and\n- (ii) arrangements between the council and the business entity about a competitive advantage gained, or competitive disadvantage suffered, by the business entity; and\n- (iii) social welfare and equity considerations, including, for example, community service obligations, and the availability of goods and services to consumers; and\n- (iv) policies on economic and regional development issues, including, for example, policies on employment and investment growth;\n- (i) ecologically sustainable development; or\n- (ii) industrial relations; or\n- (iii) occupational health and safety;","sortOrder":46},{"sectionNumber":"sec.40","sectionType":"section","heading":"Competition authority’s report on investigation","content":"### sec.40 Competition authority’s report on investigation\n\nThe competition authority must prepare a report on the results of the competition authority’s investigation of a competitive neutrality complaint, and give it to—\nthe council; and\nif a corporatised business entity is conducting the business activity—the corporatised business entity.\nThe report must state whether or not the competition authority considers the complaint has been substantiated.\nIf the competition authority decides the business entity has a competitive advantage, the report must include—\nrecommendations on how the business entity can conduct the business activity in a way that complies with the competitive neutrality principle; and\nthe reasons for the recommendations; and\nfor a complaint about a building certifying activity—comments on how carrying out the statutory building functions has resulted in a competitive advantage.\nThe statutory building functions are the building functions under the Building Act or Planning Act that—\nonly a local government can provide; and\na building certifier under the Building Act relies on.\nproviding site or town planning information to a building certifier\nreceiving and processing documents from a building certifier\nIf the competition authority decides the business entity suffers a competitive disadvantage, the report must include—\nrecommendations on how the business entity can overcome the competitive disadvantage; and\nthe reasons for the recommendations; and\ncomments about the competitive disadvantage, including comments about the effect of the disadvantage on the business entity.\ns 40 amd 2015 Act No. 29 s 69 sch 2 ; 2021 Act No. 12 s 217 sch 6\n(sec.40-ssec.1) The competition authority must prepare a report on the results of the competition authority’s investigation of a competitive neutrality complaint, and give it to— the council; and if a corporatised business entity is conducting the business activity—the corporatised business entity.\n(sec.40-ssec.2) The report must state whether or not the competition authority considers the complaint has been substantiated.\n(sec.40-ssec.3) If the competition authority decides the business entity has a competitive advantage, the report must include— recommendations on how the business entity can conduct the business activity in a way that complies with the competitive neutrality principle; and the reasons for the recommendations; and for a complaint about a building certifying activity—comments on how carrying out the statutory building functions has resulted in a competitive advantage.\n(sec.40-ssec.4) The statutory building functions are the building functions under the Building Act or Planning Act that— only a local government can provide; and a building certifier under the Building Act relies on. providing site or town planning information to a building certifier receiving and processing documents from a building certifier\n(sec.40-ssec.5) If the competition authority decides the business entity suffers a competitive disadvantage, the report must include— recommendations on how the business entity can overcome the competitive disadvantage; and the reasons for the recommendations; and comments about the competitive disadvantage, including comments about the effect of the disadvantage on the business entity.\n- (a) the council; and\n- (b) if a corporatised business entity is conducting the business activity—the corporatised business entity.\n- (a) recommendations on how the business entity can conduct the business activity in a way that complies with the competitive neutrality principle; and\n- (b) the reasons for the recommendations; and\n- (c) for a complaint about a building certifying activity—comments on how carrying out the statutory building functions has resulted in a competitive advantage.\n- (a) only a local government can provide; and\n- (b) a building certifier under the Building Act relies on.\n- • providing site or town planning information to a building certifier\n- • receiving and processing documents from a building certifier\n- (a) recommendations on how the business entity can overcome the competitive disadvantage; and\n- (b) the reasons for the recommendations; and\n- (c) comments about the competitive disadvantage, including comments about the effect of the disadvantage on the business entity.","sortOrder":47},{"sectionNumber":"sec.41","sectionType":"section","heading":"Public access to report","content":"### sec.41 Public access to report\n\nThe council must ensure the public can inspect a copy of the report at the council’s public office as soon as practicable after the competition authority gives the council the report.\ns 41 amd 2015 Act No. 29 s 69 sch 2 ; 2021 Act No. 12 s 217 sch 6","sortOrder":48},{"sectionNumber":"sec.42","sectionType":"section","heading":"Information to persons given an investigation notice","content":"### sec.42 Information to persons given an investigation notice\n\nThe competition authority must give the following documents to any other person to whom the competition authority gave an investigation notice—\na copy of the recommendations in the report;\nnotice that the person may inspect the report, including recommendations, at the council’s public office.\ns 42 amd 2015 Act No. 29 s 69 sch 2 ; 2021 Act No. 12 s 217 sch 6\n- (a) a copy of the recommendations in the report;\n- (b) notice that the person may inspect the report, including recommendations, at the council’s public office.","sortOrder":49},{"sectionNumber":"sec.43","sectionType":"section","heading":"Council response to competition authority’s report","content":"### sec.43 Council response to competition authority’s report\n\nThe council must decide, by resolution, whether to implement the recommendations in the competition authority’s report.\nThe resolution must state the reasons for the council’s decision.\nThe council must make the resolution—\nwithin 1 month after the competition authority gives the report to the council; or\nif the council does not ordinarily meet within that month—at the first meeting of the council after that month.\nThe council must, within 7 days after making the resolution, give notice of the resolution to—\nthe complainant; and\nthe competition authority; and\nif a corporatised business entity is conducting the business activity—the corporatised business entity.\nIf a corporatised business entity is conducting the business activity, the corporatised business entity must implement the recommendations as soon as practicable.\ns 43 amd 2015 Act No. 29 s 69 sch 2 ; 2021 Act No. 12 s 217 sch 6\n(sec.43-ssec.1) The council must decide, by resolution, whether to implement the recommendations in the competition authority’s report.\n(sec.43-ssec.2) The resolution must state the reasons for the council’s decision.\n(sec.43-ssec.3) The council must make the resolution— within 1 month after the competition authority gives the report to the council; or if the council does not ordinarily meet within that month—at the first meeting of the council after that month.\n(sec.43-ssec.4) The council must, within 7 days after making the resolution, give notice of the resolution to— the complainant; and the competition authority; and if a corporatised business entity is conducting the business activity—the corporatised business entity.\n(sec.43-ssec.5) If a corporatised business entity is conducting the business activity, the corporatised business entity must implement the recommendations as soon as practicable.\n- (a) within 1 month after the competition authority gives the report to the council; or\n- (b) if the council does not ordinarily meet within that month—at the first meeting of the council after that month.\n- (a) the complainant; and\n- (b) the competition authority; and\n- (c) if a corporatised business entity is conducting the business activity—the corporatised business entity.","sortOrder":50},{"sectionNumber":"sec.43A","sectionType":"section","heading":"Confidentiality requests","content":"### sec.43A Confidentiality requests\n\nThis section applies if a person believes that the disclosure of information given, or to be given, to the competition authority under this division is likely to damage the person’s commercial activities.\nThe person may give the competition authority a written notice (a confidentiality request ) that—\nstates the person’s belief; and\nasks the authority not to disclose the information to an external entity without the person’s consent.\nThe competition authority may accept the person’s confidentiality request if the authority is satisfied—\nthe person’s belief is justified; and\ndisclosure of the information would not be in the public interest.\nIf the competition authority accepts the person’s confidentiality request, the authority must not—\ninclude the information in a report about the investigation of a competitive neutrality complaint; or\notherwise disclose the information to an external entity.\nSubsection (4) does not apply if the information is included in a report, or otherwise disclosed to an external entity, in a way that could not reasonably be expected to identify the person.\nIn this section—\ncommercial activities means activities conducted on a commercial basis.\ncontractor , of the competition authority, means a person (other than a member or employee of the authority) who performs services for the authority—\nunder a contract between the person and the authority; or\nunder an arrangement between the authority and another person.\nexternal entity , in relation to information, means an entity other than—\nthe Minister; or\na member of the competition authority; or\na member of the competition authority’s staff, or a contractor of the authority, who would ordinarily receive the information in administering, or performing a function under, this Act; or\nthe council.\ninformation includes a document.\nperson includes a local government or business entity.\ns 43A ins 2021 Act No. 12 s 198\n(sec.43A-ssec.1) This section applies if a person believes that the disclosure of information given, or to be given, to the competition authority under this division is likely to damage the person’s commercial activities.\n(sec.43A-ssec.2) The person may give the competition authority a written notice (a confidentiality request ) that— states the person’s belief; and asks the authority not to disclose the information to an external entity without the person’s consent.\n(sec.43A-ssec.3) The competition authority may accept the person’s confidentiality request if the authority is satisfied— the person’s belief is justified; and disclosure of the information would not be in the public interest.\n(sec.43A-ssec.4) If the competition authority accepts the person’s confidentiality request, the authority must not— include the information in a report about the investigation of a competitive neutrality complaint; or otherwise disclose the information to an external entity.\n(sec.43A-ssec.5) Subsection (4) does not apply if the information is included in a report, or otherwise disclosed to an external entity, in a way that could not reasonably be expected to identify the person.\n(sec.43A-ssec.6) In this section— commercial activities means activities conducted on a commercial basis. contractor , of the competition authority, means a person (other than a member or employee of the authority) who performs services for the authority— under a contract between the person and the authority; or under an arrangement between the authority and another person. external entity , in relation to information, means an entity other than— the Minister; or a member of the competition authority; or a member of the competition authority’s staff, or a contractor of the authority, who would ordinarily receive the information in administering, or performing a function under, this Act; or the council. information includes a document. person includes a local government or business entity.\n- (a) states the person’s belief; and\n- (b) asks the authority not to disclose the information to an external entity without the person’s consent.\n- (a) the person’s belief is justified; and\n- (b) disclosure of the information would not be in the public interest.\n- (a) include the information in a report about the investigation of a competitive neutrality complaint; or\n- (b) otherwise disclose the information to an external entity.\n- (a) under a contract between the person and the authority; or\n- (b) under an arrangement between the authority and another person.\n- (a) the Minister; or\n- (b) a member of the competition authority; or\n- (c) a member of the competition authority’s staff, or a contractor of the authority, who would ordinarily receive the information in administering, or performing a function under, this Act; or\n- (d) the council.","sortOrder":51},{"sectionNumber":"sec.44","sectionType":"section","heading":"Register","content":"### sec.44 Register\n\nThe council must establish a register of business activities to which the competitive neutrality principle applies.\nThe register must state the following—\nbusiness activities to which the council has applied the competitive neutrality principle, and the date from which the competitive neutrality principle applied to each business activity;\nbusiness activities to which the code of competitive conduct applies, and the date from which the code applied to each business activity;\na list of—\ncurrent investigation notices for competitive neutrality complaints; and\nthe business activities to which the complaints relate; and\nthe council’s responses to the competition authority’s recommendations on the complaints.\ns 44 amd 2015 Act No. 29 s 69 sch 2 ; 2021 Act No. 12 s 217 sch 6\n(sec.44-ssec.1) The council must establish a register of business activities to which the competitive neutrality principle applies.\n(sec.44-ssec.2) The register must state the following— business activities to which the council has applied the competitive neutrality principle, and the date from which the competitive neutrality principle applied to each business activity; business activities to which the code of competitive conduct applies, and the date from which the code applied to each business activity; a list of— current investigation notices for competitive neutrality complaints; and the business activities to which the complaints relate; and the council’s responses to the competition authority’s recommendations on the complaints.\n- (a) business activities to which the council has applied the competitive neutrality principle, and the date from which the competitive neutrality principle applied to each business activity;\n- (b) business activities to which the code of competitive conduct applies, and the date from which the code applied to each business activity;\n- (c) a list of— (i) current investigation notices for competitive neutrality complaints; and (ii) the business activities to which the complaints relate; and (iii) the council’s responses to the competition authority’s recommendations on the complaints.\n- (i) current investigation notices for competitive neutrality complaints; and\n- (ii) the business activities to which the complaints relate; and\n- (iii) the council’s responses to the competition authority’s recommendations on the complaints.\n- (i) current investigation notices for competitive neutrality complaints; and\n- (ii) the business activities to which the complaints relate; and\n- (iii) the council’s responses to the competition authority’s recommendations on the complaints.","sortOrder":52},{"sectionNumber":"ch.3-pt.3","sectionType":"part","heading":"Roads and other infrastructure","content":"# Roads and other infrastructure","sortOrder":53},{"sectionNumber":"ch.3-pt.3-div.1","sectionType":"division","heading":"Roads","content":"## Roads","sortOrder":54},{"sectionNumber":"sec.45","sectionType":"section","heading":"Prescribed particulars for register of roads— Act , s 81","content":"### sec.45 Prescribed particulars for register of roads— Act , s 81\n\nFor section 81 (1) (b) (iii) of the Act , the other particulars prescribed are—\nthe length of every road, including an unformed road, in Brisbane; and\nif a road is formed, gravelled pavement or sealed pavement—the length and width of the formed, gravelled pavement or sealed pavement part of the road; and\nif a road consists of a through road and an adjacent road—the width of each as if each were a separate road.\nFor subsection (1) —\na length must be measured in kilometres and a width must be measured in metres; and\nthe width of a divided road is the total width of all sections of the divided road that are formed, gravelled pavement or sealed pavement.\nIn this section—\nformed , for a road, means a road, other than a gravelled pavement or sealed pavement road, formed so that stormwater drains from the road.\ngravelled pavement , for a road, means a road surfaced with gravel, limestone or rubble and constructed by the use of a mechanical compaction process.\nsealed pavement , for a road, means a road with a surface of asphalt, bitumen, concrete or pavers.\nunformed , for a road, means a road or track that—\nis not a formed, gravelled pavement or sealed pavement road; but\nis open to, and used by, the public.\n(sec.45-ssec.1) For section 81 (1) (b) (iii) of the Act , the other particulars prescribed are— the length of every road, including an unformed road, in Brisbane; and if a road is formed, gravelled pavement or sealed pavement—the length and width of the formed, gravelled pavement or sealed pavement part of the road; and if a road consists of a through road and an adjacent road—the width of each as if each were a separate road.\n(sec.45-ssec.2) For subsection (1) — a length must be measured in kilometres and a width must be measured in metres; and the width of a divided road is the total width of all sections of the divided road that are formed, gravelled pavement or sealed pavement.\n(sec.45-ssec.3) In this section— formed , for a road, means a road, other than a gravelled pavement or sealed pavement road, formed so that stormwater drains from the road. gravelled pavement , for a road, means a road surfaced with gravel, limestone or rubble and constructed by the use of a mechanical compaction process. sealed pavement , for a road, means a road with a surface of asphalt, bitumen, concrete or pavers. unformed , for a road, means a road or track that— is not a formed, gravelled pavement or sealed pavement road; but is open to, and used by, the public.\n- (a) the length of every road, including an unformed road, in Brisbane; and\n- (b) if a road is formed, gravelled pavement or sealed pavement—the length and width of the formed, gravelled pavement or sealed pavement part of the road; and\n- (c) if a road consists of a through road and an adjacent road—the width of each as if each were a separate road.\n- (a) a length must be measured in kilometres and a width must be measured in metres; and\n- (b) the width of a divided road is the total width of all sections of the divided road that are formed, gravelled pavement or sealed pavement.\n- (a) is not a formed, gravelled pavement or sealed pavement road; but\n- (b) is open to, and used by, the public.","sortOrder":55},{"sectionNumber":"ch.3-pt.3-div.2","sectionType":"division","heading":"Malls","content":"## Malls","sortOrder":56},{"sectionNumber":"sec.46","sectionType":"section","heading":"Other matters connected with managing, promoting or using malls— Act , s 88","content":"### sec.46 Other matters connected with managing, promoting or using malls— Act , s 88\n\nFor section 88 (3) of the Act , this section prescribes other matters connected with managing, promoting or using a mall.\nIn relation to a mall, the council may do any of the following—\nanything that is necessary or desirable for developing, managing, maintaining (including cleaning), promoting, or using the mall;\npermit the use of any part of the mall (including for the use of erecting any structure, for example) on the conditions it considers appropriate;\nanything incidental to its powers mentioned in paragraph (a) or (b) .\nThe council’s planning scheme must include all existing and proposed malls in the council’s local government area.\ns 46 sub 2015 SL No. 173 s 6\n(sec.46-ssec.1) For section 88 (3) of the Act , this section prescribes other matters connected with managing, promoting or using a mall.\n(sec.46-ssec.2) In relation to a mall, the council may do any of the following— anything that is necessary or desirable for developing, managing, maintaining (including cleaning), promoting, or using the mall; permit the use of any part of the mall (including for the use of erecting any structure, for example) on the conditions it considers appropriate; anything incidental to its powers mentioned in paragraph (a) or (b) .\n(sec.46-ssec.3) The council’s planning scheme must include all existing and proposed malls in the council’s local government area.\n- (a) anything that is necessary or desirable for developing, managing, maintaining (including cleaning), promoting, or using the mall;\n- (b) permit the use of any part of the mall (including for the use of erecting any structure, for example) on the conditions it considers appropriate;\n- (c) anything incidental to its powers mentioned in paragraph (a) or (b) .","sortOrder":57},{"sectionNumber":"sec.47","sectionType":"section","heading":null,"content":"### Section sec.47\n\ns 47 om 2015 SL No. 173 s 6","sortOrder":58},{"sectionNumber":"sec.48","sectionType":"section","heading":null,"content":"### Section sec.48\n\ns 48 om 2015 SL No. 173 s 6","sortOrder":59},{"sectionNumber":"sec.49","sectionType":"section","heading":null,"content":"### Section sec.49\n\ns 49 om 2015 SL No. 173 s 6","sortOrder":60},{"sectionNumber":"sec.50","sectionType":"section","heading":null,"content":"### Section sec.50\n\ns 50 om 2015 SL No. 173 s 6","sortOrder":61},{"sectionNumber":"sec.51","sectionType":"section","heading":null,"content":"### Section sec.51\n\ns 51 om 2015 SL No. 173 s 6","sortOrder":62},{"sectionNumber":"sec.52","sectionType":"section","heading":null,"content":"### Section sec.52\n\ns 52 om 2015 SL No. 173 s 6","sortOrder":63},{"sectionNumber":"sec.53","sectionType":"section","heading":null,"content":"### Section sec.53\n\ns 53 om 2015 SL No. 173 s 6","sortOrder":64},{"sectionNumber":"sec.54","sectionType":"section","heading":null,"content":"### Section sec.54\n\ns 54 om 2015 SL No. 173 s 6","sortOrder":65},{"sectionNumber":"sec.55","sectionType":"section","heading":null,"content":"### Section sec.55\n\ns 55 om 2015 SL No. 173 s 6","sortOrder":66},{"sectionNumber":"sec.56","sectionType":"section","heading":null,"content":"### Section sec.56\n\ns 56 om 2015 SL No. 173 s 6","sortOrder":67},{"sectionNumber":"sec.57","sectionType":"section","heading":null,"content":"### Section sec.57\n\ns 57 om 2015 SL No. 173 s 6","sortOrder":68},{"sectionNumber":"sec.58","sectionType":"section","heading":null,"content":"### Section sec.58\n\ns 58 om 2015 SL No. 173 s 6","sortOrder":69},{"sectionNumber":"ch.3-pt.3-div.3","sectionType":"division","heading":"Marine and aquatic matters","content":"## Marine and aquatic matters","sortOrder":70},{"sectionNumber":"sec.59","sectionType":"section","heading":"Harbours, jetties, breakwaters and ramps","content":"### sec.59 Harbours, jetties, breakwaters and ramps\n\nThe council may construct, maintain, manage and regulate the use of—\nharbours for small vessels in or over tidal waters; and\njetties, breakwaters and ramps in or over tidal waters.\nThe council may exercise powers under subsection (1) for a harbour or proposed harbour even if the waters of the harbour are inside the limits of a port within the meaning of the Transport Infrastructure Act.\nThe council may occupy and use foreshore, tidal land or tidal waters to undertake work in exercising the powers under subsection (1) .\nWhile the council occupies or uses foreshore, tidal land or tidal waters, the foreshore, land or waters are taken to be within Brisbane.\n(sec.59-ssec.1) The council may construct, maintain, manage and regulate the use of— harbours for small vessels in or over tidal waters; and jetties, breakwaters and ramps in or over tidal waters.\n(sec.59-ssec.2) The council may exercise powers under subsection (1) for a harbour or proposed harbour even if the waters of the harbour are inside the limits of a port within the meaning of the Transport Infrastructure Act.\n(sec.59-ssec.3) The council may occupy and use foreshore, tidal land or tidal waters to undertake work in exercising the powers under subsection (1) .\n(sec.59-ssec.4) While the council occupies or uses foreshore, tidal land or tidal waters, the foreshore, land or waters are taken to be within Brisbane.\n- (a) harbours for small vessels in or over tidal waters; and\n- (b) jetties, breakwaters and ramps in or over tidal waters.","sortOrder":71},{"sectionNumber":"sec.60","sectionType":"section","heading":"Canals","content":"### sec.60 Canals\n\nThis section is about canals within the meaning of the Coastal Protection and Management Act 1995 , section 9 .\nIf a local law affects the owner of a structure in a canal, the owner of the structure is—\nthe holder of the development permit under the Planning Act to build the structure; or\nthe owner of the land—\nthat receives the benefit of the structure; or\nto which the structure is connected.\n(sec.60-ssec.1) This section is about canals within the meaning of the Coastal Protection and Management Act 1995 , section 9 .\n(sec.60-ssec.2) If a local law affects the owner of a structure in a canal, the owner of the structure is— the holder of the development permit under the Planning Act to build the structure; or the owner of the land— that receives the benefit of the structure; or to which the structure is connected.\n- (a) the holder of the development permit under the Planning Act to build the structure; or\n- (b) the owner of the land— (i) that receives the benefit of the structure; or (ii) to which the structure is connected.\n- (i) that receives the benefit of the structure; or\n- (ii) to which the structure is connected.\n- (i) that receives the benefit of the structure; or\n- (ii) to which the structure is connected.","sortOrder":72},{"sectionNumber":"sec.61","sectionType":"section","heading":"The foreshore","content":"### sec.61 The foreshore\n\nThe Governor in Council may, by gazette notice, place a foreshore that is adjoining Brisbane under the control of the council.\nWhile the foreshore is under the council’s control the foreshore is taken to be part of Brisbane.\n(sec.61-ssec.1) The Governor in Council may, by gazette notice, place a foreshore that is adjoining Brisbane under the control of the council.\n(sec.61-ssec.2) While the foreshore is under the council’s control the foreshore is taken to be part of Brisbane.","sortOrder":73},{"sectionNumber":"sec.62","sectionType":"section","heading":"Bathing reserves","content":"### sec.62 Bathing reserves\n\nThe Governor in Council may, by gazette notice, place the following under the control of the council as a bathing reserve—\na part of a seashore;\nland under the sea that is adjacent to the part of a seashore and seawards for a distance of not more than 1km beyond low-water mark at ordinary spring tides;\nsea above the part of a seashore and land.\nThe seashore is—\nthe foreshore; or\nState land that—\nis above the high-water mark at ordinary spring tides; and\nis ordinarily covered by sand or shingle; and\nis not subject to a licence, permit or other authority granted by the State under an Act.\nWhile the bathing reserve is under the council’s control the bathing reserve is taken to be part of Brisbane.\n(sec.62-ssec.1) The Governor in Council may, by gazette notice, place the following under the control of the council as a bathing reserve— a part of a seashore; land under the sea that is adjacent to the part of a seashore and seawards for a distance of not more than 1km beyond low-water mark at ordinary spring tides; sea above the part of a seashore and land.\n(sec.62-ssec.2) The seashore is— the foreshore; or State land that— is above the high-water mark at ordinary spring tides; and is ordinarily covered by sand or shingle; and is not subject to a licence, permit or other authority granted by the State under an Act.\n(sec.62-ssec.3) While the bathing reserve is under the council’s control the bathing reserve is taken to be part of Brisbane.\n- (a) a part of a seashore;\n- (b) land under the sea that is adjacent to the part of a seashore and seawards for a distance of not more than 1km beyond low-water mark at ordinary spring tides;\n- (c) sea above the part of a seashore and land.\n- (a) the foreshore; or\n- (b) State land that— (i) is above the high-water mark at ordinary spring tides; and (ii) is ordinarily covered by sand or shingle; and (iii) is not subject to a licence, permit or other authority granted by the State under an Act.\n- (i) is above the high-water mark at ordinary spring tides; and\n- (ii) is ordinarily covered by sand or shingle; and\n- (iii) is not subject to a licence, permit or other authority granted by the State under an Act.\n- (i) is above the high-water mark at ordinary spring tides; and\n- (ii) is ordinarily covered by sand or shingle; and\n- (iii) is not subject to a licence, permit or other authority granted by the State under an Act.","sortOrder":74},{"sectionNumber":"ch.3-pt.3-div.4","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":75},{"sectionNumber":"sec.63","sectionType":"section","heading":"Public thoroughfare easements","content":"### sec.63 Public thoroughfare easements\n\nThis section is about land within Brisbane that is subject to a public thoroughfare easement.\nThe council has control of the land, subject to the provisions of the instrument that created the easement.\nControl of the land includes the right to take all necessary steps for—\nconstruction on, maintenance of or improvement of the land; and\nregulation of the use of the land.\nThe council is responsible for maintaining the land.\nThe owner of the land is not required, and can not be required, to maintain, or to contribute to the maintenance of, any part of the land.\nThe owner of the land is—\nif the land is land granted in trust under the Land Act —the trustee of the land; or\nif the land is non-freehold land under the Land Act —the lessee or licensee of the land; or\nif the land is a lot under the Land Title Act —the registered owner of the lot.\nThe owner of the land is not, and can not be made, civilly liable for an act done, or omission made, honestly and without negligence in relation to the land.\nWhen deciding what rights and liabilities attach because of something that happened on the land, the land is taken to be a road under the council’s control.\nSee the Economic Development Act 2012 , section 51AW in relation to the non-application of this provision to land subject to particular public thoroughfare easements.\ns 63 amd 2019 Act No. 11 s 231 s ch 1 pt 2\n(sec.63-ssec.1) This section is about land within Brisbane that is subject to a public thoroughfare easement.\n(sec.63-ssec.2) The council has control of the land, subject to the provisions of the instrument that created the easement.\n(sec.63-ssec.3) Control of the land includes the right to take all necessary steps for— construction on, maintenance of or improvement of the land; and regulation of the use of the land.\n(sec.63-ssec.4) The council is responsible for maintaining the land.\n(sec.63-ssec.5) The owner of the land is not required, and can not be required, to maintain, or to contribute to the maintenance of, any part of the land.\n(sec.63-ssec.6) The owner of the land is— if the land is land granted in trust under the Land Act —the trustee of the land; or if the land is non-freehold land under the Land Act —the lessee or licensee of the land; or if the land is a lot under the Land Title Act —the registered owner of the lot.\n(sec.63-ssec.7) The owner of the land is not, and can not be made, civilly liable for an act done, or omission made, honestly and without negligence in relation to the land.\n(sec.63-ssec.8) When deciding what rights and liabilities attach because of something that happened on the land, the land is taken to be a road under the council’s control.\n- (a) construction on, maintenance of or improvement of the land; and\n- (b) regulation of the use of the land.\n- (a) if the land is land granted in trust under the Land Act —the trustee of the land; or\n- (b) if the land is non-freehold land under the Land Act —the lessee or licensee of the land; or\n- (c) if the land is a lot under the Land Title Act —the registered owner of the lot.","sortOrder":76},{"sectionNumber":"sec.64","sectionType":"section","heading":"Boundary works","content":"### sec.64 Boundary works\n\nThis section is about a road or other work that is to be, or has been, built—\nalong the boundary between Brisbane and another local government area; and\npartly in Brisbane and the other area.\nThe cost of planning, constructing, maintaining and managing the road or other work is the joint responsibility of the council and the other local government.\nThe council must enter into the arrangements that are necessary to perform that responsibility.\n(sec.64-ssec.1) This section is about a road or other work that is to be, or has been, built— along the boundary between Brisbane and another local government area; and partly in Brisbane and the other area.\n(sec.64-ssec.2) The cost of planning, constructing, maintaining and managing the road or other work is the joint responsibility of the council and the other local government.\n(sec.64-ssec.3) The council must enter into the arrangements that are necessary to perform that responsibility.\n- (a) along the boundary between Brisbane and another local government area; and\n- (b) partly in Brisbane and the other area.","sortOrder":77},{"sectionNumber":"ch.4-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":78},{"sectionNumber":"sec.65","sectionType":"section","heading":"What is the value of land","content":"### sec.65 What is the value of land\n\nThe value , of land for a financial year, is its value under the Land Valuation Act when a liability for payment of rates or charges for the land arises for the financial year.","sortOrder":79},{"sectionNumber":"ch.4-pt.2","sectionType":"part","heading":"Land exempt from rating","content":"# Land exempt from rating","sortOrder":80},{"sectionNumber":"sec.66","sectionType":"section","heading":"Land that is exempt from rating— Act , s 95","content":"### sec.66 Land that is exempt from rating— Act , s 95\n\nFor section 95 (3) (f) (i) of the Act , land owned or held by the council is exempted from rating unless the land is leased by the council to someone other than another local government.","sortOrder":81},{"sectionNumber":"ch.4-pt.3","sectionType":"part","heading":"Value of land used for rates","content":"# Value of land used for rates","sortOrder":82},{"sectionNumber":"sec.67","sectionType":"section","heading":"Rateable value of land","content":"### sec.67 Rateable value of land\n\nThe council must calculate the rates for land by using the rateable value of the land.\nThe rateable value of land for a financial year is the value of the land—\nfor the financial year; or\nas averaged over a number of financial years.\nThe council may use the value of the land averaged over a number of financial years only if the council decides, by resolution, to do so.\nThe resolution must state whether the council will use, for deciding the rateable value of the land—\nthe 2-year averaged value of the land; or\nthe 3-year averaged value of the land.\nHowever, if the value of the land averaged over a number of financial years is more than the value of the land for the financial year, the rates must be calculated using the value of the land for the financial year.\n(sec.67-ssec.1) The council must calculate the rates for land by using the rateable value of the land.\n(sec.67-ssec.2) The rateable value of land for a financial year is the value of the land— for the financial year; or as averaged over a number of financial years.\n(sec.67-ssec.3) The council may use the value of the land averaged over a number of financial years only if the council decides, by resolution, to do so.\n(sec.67-ssec.4) The resolution must state whether the council will use, for deciding the rateable value of the land— the 2-year averaged value of the land; or the 3-year averaged value of the land.\n(sec.67-ssec.5) However, if the value of the land averaged over a number of financial years is more than the value of the land for the financial year, the rates must be calculated using the value of the land for the financial year.\n- (a) for the financial year; or\n- (b) as averaged over a number of financial years.\n- (a) the 2-year averaged value of the land; or\n- (b) the 3-year averaged value of the land.","sortOrder":83},{"sectionNumber":"sec.68","sectionType":"section","heading":"Working out the 2-year averaged value","content":"### sec.68 Working out the 2-year averaged value\n\nThe 2-year averaged value of land for a financial year is the amount that equals—\nif the land had a value for the previous financial year—\nthe value of the land for the previous financial year\nplus the value of the land for the financial year\ndivided by 2; or\nif the land did not have a value for the previous financial year—\nthe value of the land for the financial year\nmultiplied by the 2-year averaging number.\nThe 2-year averaging number , for a financial year, is the number calculated to 2 decimal places by using the formula—\nwhere—\nT is the total of the values of all rateable land in Brisbane for the financial year and the previous financial year.\nV is the value of all rateable land in Brisbane for the financial year.\n(sec.68-ssec.1) The 2-year averaged value of land for a financial year is the amount that equals— if the land had a value for the previous financial year— the value of the land for the previous financial year plus the value of the land for the financial year divided by 2; or if the land did not have a value for the previous financial year— the value of the land for the financial year multiplied by the 2-year averaging number.\n(sec.68-ssec.2) The 2-year averaging number , for a financial year, is the number calculated to 2 decimal places by using the formula— where— T is the total of the values of all rateable land in Brisbane for the financial year and the previous financial year. V is the value of all rateable land in Brisbane for the financial year.\n- (a) if the land had a value for the previous financial year— • the value of the land for the previous financial year • plus the value of the land for the financial year • divided by 2; or\n- • the value of the land for the previous financial year\n- • plus the value of the land for the financial year\n- • divided by 2; or\n- (b) if the land did not have a value for the previous financial year— • the value of the land for the financial year • multiplied by the 2-year averaging number.\n- • the value of the land for the financial year\n- • multiplied by the 2-year averaging number.\n- • the value of the land for the previous financial year\n- • plus the value of the land for the financial year\n- • divided by 2; or\n- • the value of the land for the financial year\n- • multiplied by the 2-year averaging number.","sortOrder":84},{"sectionNumber":"sec.69","sectionType":"section","heading":"Working out the 3-year averaged value","content":"### sec.69 Working out the 3-year averaged value\n\nThe 3-year averaged value of land for a financial year is the amount that equals—\nif the land had a value for the 2 previous financial years—\nthe sum of the value of the land for each of the 2 previous years\nplus the value of the land for the financial year\ndivided by 3; or\nif the land did not have a value for the 2 previous financial years—\nthe value of the land for the financial year\nmultiplied by the 3-year averaging number.\nThe 3-year averaging number , for a financial year, is the number calculated to 2 decimal places by using the formula—\nwhere—\nT is the total of the values of all rateable land in Brisbane for the financial year and the previous 2 financial years.\nV is the value of all rateable land in Brisbane for the financial year.\n(sec.69-ssec.1) The 3-year averaged value of land for a financial year is the amount that equals— if the land had a value for the 2 previous financial years— the sum of the value of the land for each of the 2 previous years plus the value of the land for the financial year divided by 3; or if the land did not have a value for the 2 previous financial years— the value of the land for the financial year multiplied by the 3-year averaging number.\n(sec.69-ssec.2) The 3-year averaging number , for a financial year, is the number calculated to 2 decimal places by using the formula— where— T is the total of the values of all rateable land in Brisbane for the financial year and the previous 2 financial years. V is the value of all rateable land in Brisbane for the financial year.\n- (a) if the land had a value for the 2 previous financial years— • the sum of the value of the land for each of the 2 previous years • plus the value of the land for the financial year • divided by 3; or\n- • the sum of the value of the land for each of the 2 previous years\n- • plus the value of the land for the financial year\n- • divided by 3; or\n- (b) if the land did not have a value for the 2 previous financial years— • the value of the land for the financial year • multiplied by the 3-year averaging number.\n- • the value of the land for the financial year\n- • multiplied by the 3-year averaging number.\n- • the sum of the value of the land for each of the 2 previous years\n- • plus the value of the land for the financial year\n- • divided by 3; or\n- • the value of the land for the financial year\n- • multiplied by the 3-year averaging number.","sortOrder":85},{"sectionNumber":"ch.4-pt.4","sectionType":"part","heading":"Minimum general rates","content":"# Minimum general rates","sortOrder":86},{"sectionNumber":"sec.70","sectionType":"section","heading":"Minimum general rates for land generally","content":"### sec.70 Minimum general rates for land generally\n\nThe council may fix a minimum amount of general rates.\nThe council may identify parcels of rateable land to which a minimum amount of general rates applies in any way the council considers appropriate.\nHowever, the council must not levy minimum general rates for a parcel of land if—\nthe Land Valuation Act , chapter 2 , part 2 , division 5 , subdivision 3 , applies to the parcel of land; and\nLand Valuation Act , chapter 2 , part 2 , division 5 , subdivision 3 (Discounting for subdivided land not yet developed (non-Land Act rental))\nthe discounted valuation period for the parcel of land has not ended under that subdivision.\nGenerally, the same minimum amount of general rates must apply to all rateable land in Brisbane.\nHowever, the council may fix a different minimum amount of general rates only for—\nif there are different rating categories of rateable land for Brisbane, each different rating category; or\ntimeshare property; or\nany of the following—\na mining lease granted for mining for minerals over land that is not larger than 2ha;\na mining lease granted for a purpose that is associated with mining for minerals over land that is not larger than 4ha; or\nland that is subject to a mining claim, subject to section 72 .\nFor subsection (5) (a) , if the council fixes a different minimum amount of general rates for different rating categories, the same minimum amount of general rates must apply to all rateable land belonging to a particular rating category.\n(sec.70-ssec.1) The council may fix a minimum amount of general rates.\n(sec.70-ssec.2) The council may identify parcels of rateable land to which a minimum amount of general rates applies in any way the council considers appropriate.\n(sec.70-ssec.3) However, the council must not levy minimum general rates for a parcel of land if— the Land Valuation Act , chapter 2 , part 2 , division 5 , subdivision 3 , applies to the parcel of land; and Land Valuation Act , chapter 2 , part 2 , division 5 , subdivision 3 (Discounting for subdivided land not yet developed (non-Land Act rental)) the discounted valuation period for the parcel of land has not ended under that subdivision.\n(sec.70-ssec.4) Generally, the same minimum amount of general rates must apply to all rateable land in Brisbane.\n(sec.70-ssec.5) However, the council may fix a different minimum amount of general rates only for— if there are different rating categories of rateable land for Brisbane, each different rating category; or timeshare property; or any of the following— a mining lease granted for mining for minerals over land that is not larger than 2ha; a mining lease granted for a purpose that is associated with mining for minerals over land that is not larger than 4ha; or land that is subject to a mining claim, subject to section 72 .\n(sec.70-ssec.6) For subsection (5) (a) , if the council fixes a different minimum amount of general rates for different rating categories, the same minimum amount of general rates must apply to all rateable land belonging to a particular rating category.\n- (a) the Land Valuation Act , chapter 2 , part 2 , division 5 , subdivision 3 , applies to the parcel of land; and Editor’s note— Land Valuation Act , chapter 2 , part 2 , division 5 , subdivision 3 (Discounting for subdivided land not yet developed (non-Land Act rental))\n- (b) the discounted valuation period for the parcel of land has not ended under that subdivision.\n- (a) if there are different rating categories of rateable land for Brisbane, each different rating category; or\n- (b) timeshare property; or\n- (c) any of the following— (i) a mining lease granted for mining for minerals over land that is not larger than 2ha; (ii) a mining lease granted for a purpose that is associated with mining for minerals over land that is not larger than 4ha; or\n- (i) a mining lease granted for mining for minerals over land that is not larger than 2ha;\n- (ii) a mining lease granted for a purpose that is associated with mining for minerals over land that is not larger than 4ha; or\n- (d) land that is subject to a mining claim, subject to section 72 .\n- (i) a mining lease granted for mining for minerals over land that is not larger than 2ha;\n- (ii) a mining lease granted for a purpose that is associated with mining for minerals over land that is not larger than 4ha; or","sortOrder":87},{"sectionNumber":"sec.71","sectionType":"section","heading":"Minimum general rates on timeshare property","content":"### sec.71 Minimum general rates on timeshare property\n\nThis section applies to the council for fixing a minimum amount of general rates on—\nland where there is a structure wholly or partially subject to a timeshare scheme; or\na lot included in a community titles scheme under the Body Corporate and Community Management Act 1997 where there is a structure wholly or partially subject to a timeshare scheme; or\na lot within the meaning of a community titles Act other than the Body Corporate and Community Management Act 1997 where there is a structure wholly or partially subject to a timeshare scheme.\nThe council may decide the minimum amount of general rates is to be worked out using the formula—\nMA = L x RU\nwhere—\nMA is the minimum amount.\nL is the minimum amount of general rates that would, other than for this section, be payable for the land or lot.\nRU is the number of units of the structure that are subject to the timeshare scheme and are available at any time for separate exclusive occupation.\n(sec.71-ssec.1) This section applies to the council for fixing a minimum amount of general rates on— land where there is a structure wholly or partially subject to a timeshare scheme; or a lot included in a community titles scheme under the Body Corporate and Community Management Act 1997 where there is a structure wholly or partially subject to a timeshare scheme; or a lot within the meaning of a community titles Act other than the Body Corporate and Community Management Act 1997 where there is a structure wholly or partially subject to a timeshare scheme.\n(sec.71-ssec.2) The council may decide the minimum amount of general rates is to be worked out using the formula— MA = L x RU where— MA is the minimum amount. L is the minimum amount of general rates that would, other than for this section, be payable for the land or lot. RU is the number of units of the structure that are subject to the timeshare scheme and are available at any time for separate exclusive occupation.\n- (a) land where there is a structure wholly or partially subject to a timeshare scheme; or\n- (b) a lot included in a community titles scheme under the Body Corporate and Community Management Act 1997 where there is a structure wholly or partially subject to a timeshare scheme; or\n- (c) a lot within the meaning of a community titles Act other than the Body Corporate and Community Management Act 1997 where there is a structure wholly or partially subject to a timeshare scheme.","sortOrder":88},{"sectionNumber":"sec.72","sectionType":"section","heading":"Value of mining claim for fixing minimum general rates","content":"### sec.72 Value of mining claim for fixing minimum general rates\n\nFor fixing a minimum amount of general rates for land subject to a mining claim, the value of the mining claim is—\nfor a mining claim over land that is 900m 2 or less—$150; or\nfor a mining claim over land that is larger than 900m 2 —$450.\n- (a) for a mining claim over land that is 900m 2 or less—$150; or\n- (b) for a mining claim over land that is larger than 900m 2 —$450.","sortOrder":89},{"sectionNumber":"ch.4-pt.5","sectionType":"part","heading":"Differential general rates","content":"# Differential general rates","sortOrder":90},{"sectionNumber":"ch.4-pt.5-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":91},{"sectionNumber":"sec.73","sectionType":"section","heading":"Differential general rates","content":"### sec.73 Differential general rates\n\nThe council may levy general rates that differ for different categories of rateable land in Brisbane.\nThese rates are called differential general rates .\nFor example, the council may decide the amount of the general rates on a parcel of residential land will be more than the general rates on the same size parcel of rural land.\nHowever, the differential general rates for a category of rateable land may be the same as the differential general rates for another category of rateable land.\nIf the council makes and levies a differential general rate for rateable land for a financial year, the council must not make and levy a general rate for the land for the year.\nA differential general rate may be made and levied on a lot under a community titles Act as if it were a parcel of rateable land.\n(sec.73-ssec.1) The council may levy general rates that differ for different categories of rateable land in Brisbane.\n(sec.73-ssec.2) These rates are called differential general rates .\n(sec.73-ssec.3) For example, the council may decide the amount of the general rates on a parcel of residential land will be more than the general rates on the same size parcel of rural land.\n(sec.73-ssec.4) However, the differential general rates for a category of rateable land may be the same as the differential general rates for another category of rateable land.\n(sec.73-ssec.5) If the council makes and levies a differential general rate for rateable land for a financial year, the council must not make and levy a general rate for the land for the year.\n(sec.73-ssec.6) A differential general rate may be made and levied on a lot under a community titles Act as if it were a parcel of rateable land.","sortOrder":92},{"sectionNumber":"sec.74","sectionType":"section","heading":"Categorisation of land for differential general rates","content":"### sec.74 Categorisation of land for differential general rates\n\nBefore the council levies differential general rates, it must decide the different categories (each a rating category ) of rateable land in Brisbane.\nThe council must, by resolution, make the decision at the council’s budget meeting.\nThe resolution must state—\nthe rating categories of rateable land in Brisbane; and\na description of each of the rating categories.\nA resolution may state that the rating categories, and a description of each of the rating categories, are as follows—\nresidential land—land that is used for residential purposes in particular urban centres, rural localities, park residential estates and coastal villages;\ncommercial and industrial land—land that is used solely for commerce or industry in particular urban centres and rural localities, other than land used for manufacturing sugar or another rural production industry;\ngrazing and livestock land—land that is used, for commercial purposes, for grazing and livestock;\nrural land—\nland that is not in an urban centre or locality; or\nland that is not used for grazing and livestock; or\nland that is not sugar cane land or sugar milling land;\nother land—any other type of land.\nAfter the rating categories and descriptions have been decided, the council must identify the rating category to which each parcel of rateable land in Brisbane belongs.\nThe council may do so in any way it considers appropriate.\nThe fact that some parcels of rateable land are inadvertently not categorised does not stop differential general rates being levied on rateable land that has been categorised.\n(sec.74-ssec.1) Before the council levies differential general rates, it must decide the different categories (each a rating category ) of rateable land in Brisbane.\n(sec.74-ssec.2) The council must, by resolution, make the decision at the council’s budget meeting.\n(sec.74-ssec.3) The resolution must state— the rating categories of rateable land in Brisbane; and a description of each of the rating categories. A resolution may state that the rating categories, and a description of each of the rating categories, are as follows— residential land—land that is used for residential purposes in particular urban centres, rural localities, park residential estates and coastal villages; commercial and industrial land—land that is used solely for commerce or industry in particular urban centres and rural localities, other than land used for manufacturing sugar or another rural production industry; grazing and livestock land—land that is used, for commercial purposes, for grazing and livestock; rural land— land that is not in an urban centre or locality; or land that is not used for grazing and livestock; or land that is not sugar cane land or sugar milling land; other land—any other type of land.\n(sec.74-ssec.4) After the rating categories and descriptions have been decided, the council must identify the rating category to which each parcel of rateable land in Brisbane belongs.\n(sec.74-ssec.5) The council may do so in any way it considers appropriate.\n(sec.74-ssec.6) The fact that some parcels of rateable land are inadvertently not categorised does not stop differential general rates being levied on rateable land that has been categorised.\n- (a) the rating categories of rateable land in Brisbane; and\n- (b) a description of each of the rating categories.\n- (a) residential land—land that is used for residential purposes in particular urban centres, rural localities, park residential estates and coastal villages;\n- (b) commercial and industrial land—land that is used solely for commerce or industry in particular urban centres and rural localities, other than land used for manufacturing sugar or another rural production industry;\n- (c) grazing and livestock land—land that is used, for commercial purposes, for grazing and livestock;\n- (d) rural land— (i) land that is not in an urban centre or locality; or (ii) land that is not used for grazing and livestock; or (iii) land that is not sugar cane land or sugar milling land;\n- (i) land that is not in an urban centre or locality; or\n- (ii) land that is not used for grazing and livestock; or\n- (iii) land that is not sugar cane land or sugar milling land;\n- (e) other land—any other type of land.\n- (i) land that is not in an urban centre or locality; or\n- (ii) land that is not used for grazing and livestock; or\n- (iii) land that is not sugar cane land or sugar milling land;","sortOrder":93},{"sectionNumber":"sec.75","sectionType":"section","heading":"Later categorisation","content":"### sec.75 Later categorisation\n\nThis section applies if—\nthe council discovers that land has inadvertently not been categorised; or\nland becomes rateable land; or\nthe council considers that the rating category of a parcel of land should be changed, in view of the description of each rating category; or\n2 or more parcels of rateable land are amalgamated into a single parcel of rateable land.\nThe council must decide what rating category the land should be in.\nThe decision takes effect—\nfor a decision because of subsection (1) (a) —from the start of the relevant financial year; or\nfor a decision because of subsection (1) (b) —from the day when the land became rateable land; or\nfor a decision because of subsection (1) (c) —from the day when the decision is made; or\nfor a decision because of subsection (1) (d) —from the day when the survey plan of amalgamation is registered by the registrar of titles.\n(sec.75-ssec.1) This section applies if— the council discovers that land has inadvertently not been categorised; or land becomes rateable land; or the council considers that the rating category of a parcel of land should be changed, in view of the description of each rating category; or 2 or more parcels of rateable land are amalgamated into a single parcel of rateable land.\n(sec.75-ssec.2) The council must decide what rating category the land should be in.\n(sec.75-ssec.3) The decision takes effect— for a decision because of subsection (1) (a) —from the start of the relevant financial year; or for a decision because of subsection (1) (b) —from the day when the land became rateable land; or for a decision because of subsection (1) (c) —from the day when the decision is made; or for a decision because of subsection (1) (d) —from the day when the survey plan of amalgamation is registered by the registrar of titles.\n- (a) the council discovers that land has inadvertently not been categorised; or\n- (b) land becomes rateable land; or\n- (c) the council considers that the rating category of a parcel of land should be changed, in view of the description of each rating category; or\n- (d) 2 or more parcels of rateable land are amalgamated into a single parcel of rateable land.\n- (a) for a decision because of subsection (1) (a) —from the start of the relevant financial year; or\n- (b) for a decision because of subsection (1) (b) —from the day when the land became rateable land; or\n- (c) for a decision because of subsection (1) (c) —from the day when the decision is made; or\n- (d) for a decision because of subsection (1) (d) —from the day when the survey plan of amalgamation is registered by the registrar of titles.","sortOrder":94},{"sectionNumber":"ch.4-pt.5-div.2","sectionType":"division","heading":"Entering land to categorise land","content":"## Entering land to categorise land","sortOrder":95},{"sectionNumber":"sec.76","sectionType":"section","heading":"Appointing categorisation officer","content":"### sec.76 Appointing categorisation officer\n\nThe chief executive officer may appoint a qualified person as a categorisation officer for this division.\nFor subsection (1) , a person is qualified if the person—\nhas the competencies the chief executive officer considers are necessary to perform the functions that are required to be performed by the person under this division; and\nis authorised by the council for this division.\nA categorisation officer’s appointment is subject to—\nsection 78 ; and\nthe conditions stated in the document that appoints the categorisation officer.\n(sec.76-ssec.1) The chief executive officer may appoint a qualified person as a categorisation officer for this division.\n(sec.76-ssec.2) For subsection (1) , a person is qualified if the person— has the competencies the chief executive officer considers are necessary to perform the functions that are required to be performed by the person under this division; and is authorised by the council for this division.\n(sec.76-ssec.3) A categorisation officer’s appointment is subject to— section 78 ; and the conditions stated in the document that appoints the categorisation officer.\n- (a) has the competencies the chief executive officer considers are necessary to perform the functions that are required to be performed by the person under this division; and\n- (b) is authorised by the council for this division.\n- (a) section 78 ; and\n- (b) the conditions stated in the document that appoints the categorisation officer.","sortOrder":96},{"sectionNumber":"sec.77","sectionType":"section","heading":"Identity card for categorisation officer","content":"### sec.77 Identity card for categorisation officer\n\nThe chief executive officer must give each categorisation officer an identity card.\nA person who stops being a categorisation officer must return the person’s identity card to the chief executive officer, within 21 days after stopping being a categorisation officer, unless the person has a reasonable excuse.\nMaximum penalty for subsection (2) —10 penalty units.\n(sec.77-ssec.1) The chief executive officer must give each categorisation officer an identity card.\n(sec.77-ssec.2) A person who stops being a categorisation officer must return the person’s identity card to the chief executive officer, within 21 days after stopping being a categorisation officer, unless the person has a reasonable excuse. Maximum penalty for subsection (2) —10 penalty units.","sortOrder":97},{"sectionNumber":"sec.78","sectionType":"section","heading":"Exercise of power of entry","content":"### sec.78 Exercise of power of entry\n\nA categorisation officer may enter private property under this division only—\nwith the permission of the occupier of the property; or\nto ask the occupier of the property for permission to stay on the property to exercise the powers under this division; or\nwith, and in accordance with, a warrant.\nSubject to subsection (6) , section 118 , other than subsections (2) (b) and (4) (a) (ii) , of the Act (the applied provision ) applies to a categorisation officer for entering private property under subsection (1) (a) or (b) .\nSubject to subsections (4) and (6) , sections 119 , other than subsections (5) and (6) (a) , and 120 of the Act (also the applied provisions ) apply to a categorisation officer for entering private property under subsection (1) (c) .\nHowever, a magistrate may issue a warrant for entering private property under this division only if—\nthe magistrate is satisfied—\nthe warrant is sought for entering the property for a proper purpose; and\nthe occupier of the property has unreasonably refused a request for permission to enter the property under section 118 (2) of the Act as applied under subsection (2) ; and\nthe warrant states the purpose for which it is issued.\nFor subsection (4) (a) (i) , a proper purpose is to enable any of the following to happen—\nthe rating categories into which rateable land in Brisbane is to be categorised to be decided;\na description for each of the rating categories to be decided;\nthe rating category for a parcel of rateable land to be identified;\nan objection against the categorisation of rateable land to be decided.\nSubject to subsection (7) , sections 115 , 125 and 126 of the Act (also the applied provisions ) apply to a categorisation officer for entering private property under this division.\nThe applied provisions apply as if—\na reference in the applied provisions to an authorised person were a reference to a categorisation officer; and\na reference in the applied provisions, other than section 126 of the Act , to a local government related law were a reference to this division; and\na reference in the applied provisions to the powers under the Act were a reference to the powers under this division; and\na reference in the applied provisions to the powers or action under chapter 5 , part 2 , division 1 of the Act were a reference to the powers or action under this division.\nSections 115 (Producing authorised person’s identity card), 118 (Entering private property with, and in accordance with, the occupier’s permission), 119 (Entering private property with, and in accordance with, a warrant), 120 (Warrants—applications made electronically), 125 (Authorised person to give notice of damage) and 126 (Compensation for damage or loss caused after entry) of the Act\n(sec.78-ssec.1) A categorisation officer may enter private property under this division only— with the permission of the occupier of the property; or to ask the occupier of the property for permission to stay on the property to exercise the powers under this division; or with, and in accordance with, a warrant.\n(sec.78-ssec.2) Subject to subsection (6) , section 118 , other than subsections (2) (b) and (4) (a) (ii) , of the Act (the applied provision ) applies to a categorisation officer for entering private property under subsection (1) (a) or (b) .\n(sec.78-ssec.3) Subject to subsections (4) and (6) , sections 119 , other than subsections (5) and (6) (a) , and 120 of the Act (also the applied provisions ) apply to a categorisation officer for entering private property under subsection (1) (c) .\n(sec.78-ssec.4) However, a magistrate may issue a warrant for entering private property under this division only if— the magistrate is satisfied— the warrant is sought for entering the property for a proper purpose; and the occupier of the property has unreasonably refused a request for permission to enter the property under section 118 (2) of the Act as applied under subsection (2) ; and the warrant states the purpose for which it is issued.\n(sec.78-ssec.5) For subsection (4) (a) (i) , a proper purpose is to enable any of the following to happen— the rating categories into which rateable land in Brisbane is to be categorised to be decided; a description for each of the rating categories to be decided; the rating category for a parcel of rateable land to be identified; an objection against the categorisation of rateable land to be decided.\n(sec.78-ssec.6) Subject to subsection (7) , sections 115 , 125 and 126 of the Act (also the applied provisions ) apply to a categorisation officer for entering private property under this division.\n(sec.78-ssec.7) The applied provisions apply as if— a reference in the applied provisions to an authorised person were a reference to a categorisation officer; and a reference in the applied provisions, other than section 126 of the Act , to a local government related law were a reference to this division; and a reference in the applied provisions to the powers under the Act were a reference to the powers under this division; and a reference in the applied provisions to the powers or action under chapter 5 , part 2 , division 1 of the Act were a reference to the powers or action under this division. Sections 115 (Producing authorised person’s identity card), 118 (Entering private property with, and in accordance with, the occupier’s permission), 119 (Entering private property with, and in accordance with, a warrant), 120 (Warrants—applications made electronically), 125 (Authorised person to give notice of damage) and 126 (Compensation for damage or loss caused after entry) of the Act\n- (a) with the permission of the occupier of the property; or\n- (b) to ask the occupier of the property for permission to stay on the property to exercise the powers under this division; or\n- (c) with, and in accordance with, a warrant.\n- (a) the magistrate is satisfied— (i) the warrant is sought for entering the property for a proper purpose; and (ii) the occupier of the property has unreasonably refused a request for permission to enter the property under section 118 (2) of the Act as applied under subsection (2) ; and\n- (i) the warrant is sought for entering the property for a proper purpose; and\n- (ii) the occupier of the property has unreasonably refused a request for permission to enter the property under section 118 (2) of the Act as applied under subsection (2) ; and\n- (b) the warrant states the purpose for which it is issued.\n- (i) the warrant is sought for entering the property for a proper purpose; and\n- (ii) the occupier of the property has unreasonably refused a request for permission to enter the property under section 118 (2) of the Act as applied under subsection (2) ; and\n- (a) the rating categories into which rateable land in Brisbane is to be categorised to be decided;\n- (b) a description for each of the rating categories to be decided;\n- (c) the rating category for a parcel of rateable land to be identified;\n- (d) an objection against the categorisation of rateable land to be decided.\n- (a) a reference in the applied provisions to an authorised person were a reference to a categorisation officer; and\n- (b) a reference in the applied provisions, other than section 126 of the Act , to a local government related law were a reference to this division; and\n- (c) a reference in the applied provisions to the powers under the Act were a reference to the powers under this division; and\n- (d) a reference in the applied provisions to the powers or action under chapter 5 , part 2 , division 1 of the Act were a reference to the powers or action under this division.","sortOrder":98},{"sectionNumber":"sec.79","sectionType":"section","heading":"End of appointment of categorisation officer","content":"### sec.79 End of appointment of categorisation officer\n\nA person stops being a categorisation officer—\nat the end of the term of appointment stated in the document that appointed the person; or\nif the person gives the council a signed notice of resignation; or\nif it is a condition of the person’s appointment that the person hold another position at the same time—if the person stops holding the other position.\nThis section does not limit the ways in which a categorisation officer’s appointment ends.\n(sec.79-ssec.1) A person stops being a categorisation officer— at the end of the term of appointment stated in the document that appointed the person; or if the person gives the council a signed notice of resignation; or if it is a condition of the person’s appointment that the person hold another position at the same time—if the person stops holding the other position.\n(sec.79-ssec.2) This section does not limit the ways in which a categorisation officer’s appointment ends.\n- (a) at the end of the term of appointment stated in the document that appointed the person; or\n- (b) if the person gives the council a signed notice of resignation; or\n- (c) if it is a condition of the person’s appointment that the person hold another position at the same time—if the person stops holding the other position.","sortOrder":99},{"sectionNumber":"sec.80","sectionType":"section","heading":"Entering private property with written notice","content":"### sec.80 Entering private property with written notice\n\nFor the purpose of deciding an appeal relating to the categorisation of land, a Land Court representative may, after giving the occupier of a private property at least 14 days written notice, enter the property, other than a home on the property.\nThe written notice must inform the occupier of—\nthe Land Court representative’s intention to enter the property; and\nthe reason for entering the property; and\nthe day and time when the property is to be entered.\nThe Land Court representative may enter the property under subsection (1) at any reasonable time of the day without the permission of the occupier.\nAlso, as soon as the Land Court representative enters the property, the representative must inform an occupier of the property of the reason for entering the property.\nIf there is no occupier of the property, this section applies as if a reference to the occupier of the property were a reference to an owner of the property.\nIn this section—\nLand Court representative means each of the following persons—\na member of the Land Court;\na person authorised in writing by a member of the Land Court for this section.\n(sec.80-ssec.1) For the purpose of deciding an appeal relating to the categorisation of land, a Land Court representative may, after giving the occupier of a private property at least 14 days written notice, enter the property, other than a home on the property.\n(sec.80-ssec.2) The written notice must inform the occupier of— the Land Court representative’s intention to enter the property; and the reason for entering the property; and the day and time when the property is to be entered.\n(sec.80-ssec.3) The Land Court representative may enter the property under subsection (1) at any reasonable time of the day without the permission of the occupier.\n(sec.80-ssec.4) Also, as soon as the Land Court representative enters the property, the representative must inform an occupier of the property of the reason for entering the property.\n(sec.80-ssec.5) If there is no occupier of the property, this section applies as if a reference to the occupier of the property were a reference to an owner of the property.\n(sec.80-ssec.6) In this section— Land Court representative means each of the following persons— a member of the Land Court; a person authorised in writing by a member of the Land Court for this section.\n- (a) the Land Court representative’s intention to enter the property; and\n- (b) the reason for entering the property; and\n- (c) the day and time when the property is to be entered.\n- (a) a member of the Land Court;\n- (b) a person authorised in writing by a member of the Land Court for this section.","sortOrder":100},{"sectionNumber":"ch.4-pt.5-div.3","sectionType":"division","heading":"Notice of categorisation of land","content":"## Notice of categorisation of land","sortOrder":101},{"sectionNumber":"sec.81","sectionType":"section","heading":"Notice to owner of categorisation","content":"### sec.81 Notice to owner of categorisation\n\nThis section applies if the council decides to levy differential general rates on rateable land for a financial year.\nThe council must ensure each of the following rate notices (a relevant rate notice ) is accompanied by, or contains, a rating category statement—\nthe first rate notice for the financial year given to the owner of the land;\na later rate notice for the financial year if—\nthe owner of the land has changed since the first rate notice for the financial year was issued; or\nthe rating category for the land has changed since the first rate notice for the financial year was issued.\nHowever, a rating category statement may also accompany, or be contained in, a rate notice other than a relevant rate notice.\nFor subsections (2) and (3) , see section 100 (2) for how a rating category statement may be given electronically.\nThe rating category statement is a document stating—\nthe rating categories for land in Brisbane, and a description of each of the rating categories; and\nthe rating category for the land (the owner’s land ) described in the rate notice accompanying or containing the rating category statement; and\nthat the owner may object to the categorisation of the owner’s land only on the ground that the rating category is wrong in reference to the council’s descriptions of the rating categories; and\nthat the owner may object by giving the council an objection notice within—\n30 days after the date when the first rate notice was issued; or\na longer period that the council allows; and\nthat the owner is liable to pay the amount in the rate notice even if the owner gives an objection notice; and\nthat, if the rating category of the owner’s land is changed because of the objection, the rates will be adjusted at that time.\ns 81 amd 2017 SL No. 65 s 3\n(sec.81-ssec.1) This section applies if the council decides to levy differential general rates on rateable land for a financial year.\n(sec.81-ssec.2) The council must ensure each of the following rate notices (a relevant rate notice ) is accompanied by, or contains, a rating category statement— the first rate notice for the financial year given to the owner of the land; a later rate notice for the financial year if— the owner of the land has changed since the first rate notice for the financial year was issued; or the rating category for the land has changed since the first rate notice for the financial year was issued.\n(sec.81-ssec.3) However, a rating category statement may also accompany, or be contained in, a rate notice other than a relevant rate notice. For subsections (2) and (3) , see section 100 (2) for how a rating category statement may be given electronically.\n(sec.81-ssec.4) The rating category statement is a document stating— the rating categories for land in Brisbane, and a description of each of the rating categories; and the rating category for the land (the owner’s land ) described in the rate notice accompanying or containing the rating category statement; and that the owner may object to the categorisation of the owner’s land only on the ground that the rating category is wrong in reference to the council’s descriptions of the rating categories; and that the owner may object by giving the council an objection notice within— 30 days after the date when the first rate notice was issued; or a longer period that the council allows; and that the owner is liable to pay the amount in the rate notice even if the owner gives an objection notice; and that, if the rating category of the owner’s land is changed because of the objection, the rates will be adjusted at that time.\n- (a) the first rate notice for the financial year given to the owner of the land;\n- (b) a later rate notice for the financial year if— (i) the owner of the land has changed since the first rate notice for the financial year was issued; or (ii) the rating category for the land has changed since the first rate notice for the financial year was issued.\n- (i) the owner of the land has changed since the first rate notice for the financial year was issued; or\n- (ii) the rating category for the land has changed since the first rate notice for the financial year was issued.\n- (i) the owner of the land has changed since the first rate notice for the financial year was issued; or\n- (ii) the rating category for the land has changed since the first rate notice for the financial year was issued.\n- (a) the rating categories for land in Brisbane, and a description of each of the rating categories; and\n- (b) the rating category for the land (the owner’s land ) described in the rate notice accompanying or containing the rating category statement; and\n- (c) that the owner may object to the categorisation of the owner’s land only on the ground that the rating category is wrong in reference to the council’s descriptions of the rating categories; and\n- (d) that the owner may object by giving the council an objection notice within— (i) 30 days after the date when the first rate notice was issued; or (ii) a longer period that the council allows; and\n- (i) 30 days after the date when the first rate notice was issued; or\n- (ii) a longer period that the council allows; and\n- (e) that the owner is liable to pay the amount in the rate notice even if the owner gives an objection notice; and\n- (f) that, if the rating category of the owner’s land is changed because of the objection, the rates will be adjusted at that time.\n- (i) 30 days after the date when the first rate notice was issued; or\n- (ii) a longer period that the council allows; and","sortOrder":102},{"sectionNumber":"ch.4-pt.5-div.4","sectionType":"division","heading":"Objecting to rates category","content":"## Objecting to rates category","sortOrder":103},{"sectionNumber":"sec.82","sectionType":"section","heading":"What div 4 is about","content":"### sec.82 What div 4 is about\n\nThis division is about an owner of land making an objection, or starting an appeal, relating to the rating category for the land.\nHowever, the making of an objection, or the starting of an appeal, does not stop the levying and recovery of rates on the land.\n(sec.82-ssec.1) This division is about an owner of land making an objection, or starting an appeal, relating to the rating category for the land.\n(sec.82-ssec.2) However, the making of an objection, or the starting of an appeal, does not stop the levying and recovery of rates on the land.","sortOrder":104},{"sectionNumber":"sec.83","sectionType":"section","heading":"Land owner’s objection to rates category","content":"### sec.83 Land owner’s objection to rates category\n\nThis section applies if an owner of rateable land wants to object to the rating category for the land that is stated in a rate notice for the land.\nThe only ground for objecting is that the owner considers the land should belong to a different rating category.\nThe owner may object by giving the council an objection notice.\nAn objection notice is a document, in a form approved by the council, stating—\nthe rating category that the owner claims the land should belong to; and\nthe facts and circumstances on which the owner makes that claim.\nThe owner must give the objection notice within—\n30 days after the day when the rate notice was issued; or\na longer period that the council allows.\n(sec.83-ssec.1) This section applies if an owner of rateable land wants to object to the rating category for the land that is stated in a rate notice for the land.\n(sec.83-ssec.2) The only ground for objecting is that the owner considers the land should belong to a different rating category.\n(sec.83-ssec.3) The owner may object by giving the council an objection notice.\n(sec.83-ssec.4) An objection notice is a document, in a form approved by the council, stating— the rating category that the owner claims the land should belong to; and the facts and circumstances on which the owner makes that claim.\n(sec.83-ssec.5) The owner must give the objection notice within— 30 days after the day when the rate notice was issued; or a longer period that the council allows.\n- (a) the rating category that the owner claims the land should belong to; and\n- (b) the facts and circumstances on which the owner makes that claim.\n- (a) 30 days after the day when the rate notice was issued; or\n- (b) a longer period that the council allows.","sortOrder":105},{"sectionNumber":"sec.84","sectionType":"section","heading":"Decision on a land owner’s objection","content":"### sec.84 Decision on a land owner’s objection\n\nThis section applies if the owner of rateable land properly objects to the rating category for the land.\nThe chief executive officer must consider the objection and decide—\nto change the rating category for the land—\nto the rating category to which the owner claims in the objection notice the land should belong; or\nto another rating category; or\nnot to allow the objection.\nThe chief executive officer must give the owner notice of—\nthe decision; and\nthe reasons for the decision.\nThe chief executive officer must give the notice within 60 days after the objection was made.\nIf the chief executive officer decides to change the rating category of the land, the rating category is taken to have been changed from the start of the period of the rate notice.\n(sec.84-ssec.1) This section applies if the owner of rateable land properly objects to the rating category for the land.\n(sec.84-ssec.2) The chief executive officer must consider the objection and decide— to change the rating category for the land— to the rating category to which the owner claims in the objection notice the land should belong; or to another rating category; or not to allow the objection.\n(sec.84-ssec.3) The chief executive officer must give the owner notice of— the decision; and the reasons for the decision.\n(sec.84-ssec.4) The chief executive officer must give the notice within 60 days after the objection was made.\n(sec.84-ssec.5) If the chief executive officer decides to change the rating category of the land, the rating category is taken to have been changed from the start of the period of the rate notice.\n- (a) to change the rating category for the land— (i) to the rating category to which the owner claims in the objection notice the land should belong; or (ii) to another rating category; or\n- (i) to the rating category to which the owner claims in the objection notice the land should belong; or\n- (ii) to another rating category; or\n- (b) not to allow the objection.\n- (i) to the rating category to which the owner claims in the objection notice the land should belong; or\n- (ii) to another rating category; or\n- (a) the decision; and\n- (b) the reasons for the decision.","sortOrder":106},{"sectionNumber":"sec.85","sectionType":"section","heading":"Land owner’s appeal against decision","content":"### sec.85 Land owner’s appeal against decision\n\nThis section applies if the owner of rateable land wants to appeal against a decision of—\nthe council not to allow a longer period for giving an objection notice; or\nthe chief executive officer on the owner’s objection to the rating category for the land.\nThe owner may appeal by filing an appeal notice in the Land Court registry, within 42 days after the day when the owner received notice of the decision.\nThe appeal notice must be in the form approved by the Land Court.\nThe owner must give a copy of the filed appeal notice to the council, within 7 days after the appeal notice was filed.\nIf the owner fails to do so, it does not affect the making of the appeal, or the jurisdiction of the Land Court to decide the appeal, but the court may award costs against the owner for any adjournment that is caused by the owner’s failure.\n(sec.85-ssec.1) This section applies if the owner of rateable land wants to appeal against a decision of— the council not to allow a longer period for giving an objection notice; or the chief executive officer on the owner’s objection to the rating category for the land.\n(sec.85-ssec.2) The owner may appeal by filing an appeal notice in the Land Court registry, within 42 days after the day when the owner received notice of the decision.\n(sec.85-ssec.3) The appeal notice must be in the form approved by the Land Court.\n(sec.85-ssec.4) The owner must give a copy of the filed appeal notice to the council, within 7 days after the appeal notice was filed.\n(sec.85-ssec.5) If the owner fails to do so, it does not affect the making of the appeal, or the jurisdiction of the Land Court to decide the appeal, but the court may award costs against the owner for any adjournment that is caused by the owner’s failure.\n- (a) the council not to allow a longer period for giving an objection notice; or\n- (b) the chief executive officer on the owner’s objection to the rating category for the land.","sortOrder":107},{"sectionNumber":"sec.86","sectionType":"section","heading":"Decision on a land owner’s appeal","content":"### sec.86 Decision on a land owner’s appeal\n\nFor an appeal under this division, the Land Court is constituted by 1 member.\nThe Land Court—\nmust conduct the appeal with a view to its prompt disposal; and\nmust observe natural justice; and\nis not bound by the rules of evidence.\nThe Land Court may decide to—\nif the appeal is against the decision of the council not to allow a longer period for giving an objection notice—\nallow a longer period for giving an objection notice; or\nnot allow the appeal; or\nif the appeal is against the decision of the chief executive officer on the owner’s objection to the rating category for the land—\nchange the rating category for the land; or\nnot allow the appeal.\nIf the Land Court decides to change the rating category for the land, the rating category is taken to have been changed from the start of the period of the rate notice.\n(sec.86-ssec.1) For an appeal under this division, the Land Court is constituted by 1 member.\n(sec.86-ssec.2) The Land Court— must conduct the appeal with a view to its prompt disposal; and must observe natural justice; and is not bound by the rules of evidence.\n(sec.86-ssec.3) The Land Court may decide to— if the appeal is against the decision of the council not to allow a longer period for giving an objection notice— allow a longer period for giving an objection notice; or not allow the appeal; or if the appeal is against the decision of the chief executive officer on the owner’s objection to the rating category for the land— change the rating category for the land; or not allow the appeal.\n(sec.86-ssec.4) If the Land Court decides to change the rating category for the land, the rating category is taken to have been changed from the start of the period of the rate notice.\n- (a) must conduct the appeal with a view to its prompt disposal; and\n- (b) must observe natural justice; and\n- (c) is not bound by the rules of evidence.\n- (a) if the appeal is against the decision of the council not to allow a longer period for giving an objection notice— (i) allow a longer period for giving an objection notice; or (ii) not allow the appeal; or\n- (i) allow a longer period for giving an objection notice; or\n- (ii) not allow the appeal; or\n- (b) if the appeal is against the decision of the chief executive officer on the owner’s objection to the rating category for the land— (i) change the rating category for the land; or (ii) not allow the appeal.\n- (i) change the rating category for the land; or\n- (ii) not allow the appeal.\n- (i) allow a longer period for giving an objection notice; or\n- (ii) not allow the appeal; or\n- (i) change the rating category for the land; or\n- (ii) not allow the appeal.","sortOrder":108},{"sectionNumber":"ch.4-pt.6","sectionType":"part","heading":"Special rates and charges","content":"# Special rates and charges","sortOrder":109},{"sectionNumber":"sec.87","sectionType":"section","heading":"Levying special rates or charges","content":"### sec.87 Levying special rates or charges\n\nThis section applies if the council decides to levy special rates or charges.\nSee the Act , section 94 (3) (Types of rates and charges), definition special rates and charges .\nThe council’s resolution to levy special rates or charges must identify—\nthe rateable land to which the special rates or charges apply; and\nthe overall plan for the service, facility or activity to which the special rates or charges apply.\nThe overall plan is a document that—\ndescribes the service, facility or activity; and\nidentifies the rateable land to which the special rates or charges apply; and\nstates the estimated cost of carrying out the overall plan; and\nstates the estimated time for carrying out the overall plan.\nThe council must adopt the overall plan before, or at the same time as, the council first resolves to levy the special rates or charges.\nUnder an overall plan, special rates or charges may be levied for 1 or more years before any of the special rates or charges are spent in carrying out the overall plan.\nIf an overall plan is for more than 1 year, the council must also adopt an annual implementation plan for each year.\nAn annual implementation plan for a financial year is a document setting out the actions or processes that are to be carried out in the financial year for the service, facility or activity to which the special rates or charges apply.\nThe council must adopt the annual implementation plan before or at the budget meeting for each year of the period for carrying out the overall plan.\nThe council may at any time, by resolution, amend—\nan overall plan; or\nan annual implementation plan.\nThe council may fix a minimum amount of the special rates or charges.\nSubsection (12) applies if the council decides to levy special rates or charges on particular rateable land for a service, facility or activity.\nThe amount of the special rates or charges for the particular rateable land may be different to the amount for other rateable land because, in the council’s opinion—\nthe land or its occupier—\nspecially benefits from the service, facility or activity; or\nhas or will have special access to the service, facility or activity; or\nthe land is or will be used in a way that specially contributes to the need for the service, facility or activity; or\nthe occupier of the land specially contributes to the need for the service, facility or activity.\nFor subsection (12) , the council may levy the special rates or charges on any basis the council considers appropriate.\nIn any proceedings about special rates or charges, a resolution or overall plan mentioned in subsection (2) is not invalid merely because the resolution or plan—\ndoes not identify all rateable land on which the special rates or charges could have been levied; or\nincorrectly includes rateable land on which the special rates or charges should not have been levied.\nTo remove any doubt, it is declared that the council may make and levy a special rate or charge for a service, facility or activity whether or not supplied or undertaken by the council itself, including a service, facility or activity supplied or undertaken by another local government—\nin the other local government’s local government area; and\nconducted as a joint government activity by the council and the other local government.\ns 87 amd 2014 SL No. 290 s 6\n(sec.87-ssec.1) This section applies if the council decides to levy special rates or charges. See the Act , section 94 (3) (Types of rates and charges), definition special rates and charges .\n(sec.87-ssec.2) The council’s resolution to levy special rates or charges must identify— the rateable land to which the special rates or charges apply; and the overall plan for the service, facility or activity to which the special rates or charges apply.\n(sec.87-ssec.3) The overall plan is a document that— describes the service, facility or activity; and identifies the rateable land to which the special rates or charges apply; and states the estimated cost of carrying out the overall plan; and states the estimated time for carrying out the overall plan.\n(sec.87-ssec.4) The council must adopt the overall plan before, or at the same time as, the council first resolves to levy the special rates or charges.\n(sec.87-ssec.5) Under an overall plan, special rates or charges may be levied for 1 or more years before any of the special rates or charges are spent in carrying out the overall plan.\n(sec.87-ssec.6) If an overall plan is for more than 1 year, the council must also adopt an annual implementation plan for each year.\n(sec.87-ssec.7) An annual implementation plan for a financial year is a document setting out the actions or processes that are to be carried out in the financial year for the service, facility or activity to which the special rates or charges apply.\n(sec.87-ssec.8) The council must adopt the annual implementation plan before or at the budget meeting for each year of the period for carrying out the overall plan.\n(sec.87-ssec.9) The council may at any time, by resolution, amend— an overall plan; or an annual implementation plan.\n(sec.87-ssec.10) The council may fix a minimum amount of the special rates or charges.\n(sec.87-ssec.11) Subsection (12) applies if the council decides to levy special rates or charges on particular rateable land for a service, facility or activity.\n(sec.87-ssec.12) The amount of the special rates or charges for the particular rateable land may be different to the amount for other rateable land because, in the council’s opinion— the land or its occupier— specially benefits from the service, facility or activity; or has or will have special access to the service, facility or activity; or the land is or will be used in a way that specially contributes to the need for the service, facility or activity; or the occupier of the land specially contributes to the need for the service, facility or activity.\n(sec.87-ssec.13) For subsection (12) , the council may levy the special rates or charges on any basis the council considers appropriate.\n(sec.87-ssec.14) In any proceedings about special rates or charges, a resolution or overall plan mentioned in subsection (2) is not invalid merely because the resolution or plan— does not identify all rateable land on which the special rates or charges could have been levied; or incorrectly includes rateable land on which the special rates or charges should not have been levied.\n(sec.87-ssec.15) To remove any doubt, it is declared that the council may make and levy a special rate or charge for a service, facility or activity whether or not supplied or undertaken by the council itself, including a service, facility or activity supplied or undertaken by another local government— in the other local government’s local government area; and conducted as a joint government activity by the council and the other local government.\n- (a) the rateable land to which the special rates or charges apply; and\n- (b) the overall plan for the service, facility or activity to which the special rates or charges apply.\n- (a) describes the service, facility or activity; and\n- (b) identifies the rateable land to which the special rates or charges apply; and\n- (c) states the estimated cost of carrying out the overall plan; and\n- (d) states the estimated time for carrying out the overall plan.\n- (a) an overall plan; or\n- (b) an annual implementation plan.\n- (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\n- (i) specially benefits from the service, facility or activity; or\n- (ii) has or will have special access to the service, facility or activity; or\n- (b) the land is or will be used in a way that specially contributes to the need for the service, facility or activity; or\n- (c) the occupier of the land specially contributes to the need for the service, facility or activity.\n- (i) specially benefits from the service, facility or activity; or\n- (ii) has or will have special access to the service, facility or activity; or\n- (a) does not identify all rateable land on which the special rates or charges could have been levied; or\n- (b) incorrectly includes rateable land on which the special rates or charges should not have been levied.\n- (a) in the other local government’s local government area; and\n- (b) conducted as a joint government activity by the council and the other local government.","sortOrder":110},{"sectionNumber":"sec.88","sectionType":"section","heading":"Carrying special rates or charges forward to a later financial year","content":"### sec.88 Carrying special rates or charges forward to a later financial year\n\nThis section applies if the council does not spend all of the special rates or charges that are raised in a financial year in carrying out an annual implementation plan.\nThe council may carry the unspent special rates or charges forward for spending under an annual implementation plan in a later financial year.\n(sec.88-ssec.1) This section applies if the council does not spend all of the special rates or charges that are raised in a financial year in carrying out an annual implementation plan.\n(sec.88-ssec.2) The council may carry the unspent special rates or charges forward for spending under an annual implementation plan in a later financial year.","sortOrder":111},{"sectionNumber":"sec.89","sectionType":"section","heading":"Surplus special rates or charges after plan is carried out","content":"### sec.89 Surplus special rates or charges after plan is carried out\n\nThis section applies if—\nthe council implements an overall plan; and\nthe council has not spent all the special rates or charges.\nThe council must, as soon as practicable, pay the unspent special rates or charges to the current owners of the land on which the special rates or charges were levied.\nThe payments to the current owners must be in the same proportions as the special rates or charges were last levied.\n(sec.89-ssec.1) This section applies if— the council implements an overall plan; and the council has not spent all the special rates or charges.\n(sec.89-ssec.2) The council must, as soon as practicable, pay the unspent special rates or charges to the current owners of the land on which the special rates or charges were levied.\n(sec.89-ssec.3) The payments to the current owners must be in the same proportions as the special rates or charges were last levied.\n- (a) the council implements an overall plan; and\n- (b) the council has not spent all the special rates or charges.","sortOrder":112},{"sectionNumber":"sec.90","sectionType":"section","heading":"Surplus special rates or charges after plan is cancelled","content":"### sec.90 Surplus special rates or charges after plan is cancelled\n\nThis section applies if—\nthe council decides to cancel an overall plan before it is carried out; and\nthe council has not spent all the special rates or charges.\nThe council must, as soon as practicable, pay the unspent special rates or charges to the current owners of the land on which the special rates or charges were levied.\nThe council must pay the current owners—\nif the overall plan identifies the beneficiaries of the plan—in the proportions that the council, by resolution, decides; or\nif the overall plan does not identify the beneficiaries of the plan—in the same proportions as the special rates or charges were last levied.\nThe council must decide the proportions having regard to—\nthe proportions in which the special rates or charges were last levied; and\nthe extent to which the rateable land, or the owners of the rateable land, will benefit from or have access to the service, facility or activity.\nThe beneficiaries of the plan are the owners of the rateable land that will benefit from or have access to the service, facility or activity.\n(sec.90-ssec.1) This section applies if— the council decides to cancel an overall plan before it is carried out; and the council has not spent all the special rates or charges.\n(sec.90-ssec.2) The council must, as soon as practicable, pay the unspent special rates or charges to the current owners of the land on which the special rates or charges were levied.\n(sec.90-ssec.3) The council must pay the current owners— if the overall plan identifies the beneficiaries of the plan—in the proportions that the council, by resolution, decides; or if the overall plan does not identify the beneficiaries of the plan—in the same proportions as the special rates or charges were last levied.\n(sec.90-ssec.4) The council must decide the proportions having regard to— the proportions in which the special rates or charges were last levied; and the extent to which the rateable land, or the owners of the rateable land, will benefit from or have access to the service, facility or activity.\n(sec.90-ssec.5) The beneficiaries of the plan are the owners of the rateable land that will benefit from or have access to the service, facility or activity.\n- (a) the council decides to cancel an overall plan before it is carried out; and\n- (b) the council has not spent all the special rates or charges.\n- (a) if the overall plan identifies the beneficiaries of the plan—in the proportions that the council, by resolution, decides; or\n- (b) if the overall plan does not identify the beneficiaries of the plan—in the same proportions as the special rates or charges were last levied.\n- (a) the proportions in which the special rates or charges were last levied; and\n- (b) the extent to which the rateable land, or the owners of the rateable land, will benefit from or have access to the service, facility or activity.","sortOrder":113},{"sectionNumber":"sec.91","sectionType":"section","heading":"Returning special rates or charges incorrectly levied","content":"### sec.91 Returning special rates or charges incorrectly levied\n\nThis section applies if a rate notice includes special rates or charges that were levied on land to which the special rates or charges do not apply or should not have been levied.\nThe rate notice is not invalid, but the council must, as soon as practicable, return the special rates or charges to the person who paid the special rates or charges.\ns 91 amd 2014 SL No. 290 s 7\n(sec.91-ssec.1) This section applies if a rate notice includes special rates or charges that were levied on land to which the special rates or charges do not apply or should not have been levied.\n(sec.91-ssec.2) The rate notice is not invalid, but the council must, as soon as practicable, return the special rates or charges to the person who paid the special rates or charges.","sortOrder":114},{"sectionNumber":"ch.4-pt.7","sectionType":"part","heading":"Utility charges","content":"# Utility charges","sortOrder":115},{"sectionNumber":"sec.92","sectionType":"section","heading":"Utility charges","content":"### sec.92 Utility charges\n\nThe council may levy utility charges on any basis the council considers appropriate.\nFor example, utility charges may be levied on the basis of any, or any combination, of the following—\nthe rateable value of land;\nthe use made of—\na particular parcel of land; or\na particular structure; or\na class of land or structure;\nany circumstances that are peculiar to the supply of a service to—\na particular parcel of land; or\na particular structure; or\na class of land or structure.\nThe council may do 1 or both of the following—\nlevy utility charges for services that have been supplied or are to be supplied during part of the financial year and part of another financial year;\nlevy differing utility charges for services that have been supplied or are to be supplied during various periods in 1 or more financial years, and decide the way the charges are to be apportioned.\nHowever, the council may only levy utility charges for services—\nsupplied in the last financial year; or\nsupplied, or to be supplied, in the current financial year; or\nto be supplied in the next financial year.\n(sec.92-ssec.1) The council may levy utility charges on any basis the council considers appropriate.\n(sec.92-ssec.2) For example, utility charges may be levied on the basis of any, or any combination, of the following— the rateable value of land; the use made of— a particular parcel of land; or a particular structure; or a class of land or structure; any circumstances that are peculiar to the supply of a service to— a particular parcel of land; or a particular structure; or a class of land or structure.\n(sec.92-ssec.3) The council may do 1 or both of the following— levy utility charges for services that have been supplied or are to be supplied during part of the financial year and part of another financial year; levy differing utility charges for services that have been supplied or are to be supplied during various periods in 1 or more financial years, and decide the way the charges are to be apportioned.\n(sec.92-ssec.4) However, the council may only levy utility charges for services— supplied in the last financial year; or supplied, or to be supplied, in the current financial year; or to be supplied in the next financial year.\n- (a) the rateable value of land;\n- (b) the use made of— (i) a particular parcel of land; or (ii) a particular structure; or (iii) a class of land or structure;\n- (i) a particular parcel of land; or\n- (ii) a particular structure; or\n- (iii) a class of land or structure;\n- (c) any circumstances that are peculiar to the supply of a service to— (i) a particular parcel of land; or (ii) a particular structure; or (iii) a class of land or structure.\n- (i) a particular parcel of land; or\n- (ii) a particular structure; or\n- (iii) a class of land or structure.\n- (i) a particular parcel of land; or\n- (ii) a particular structure; or\n- (iii) a class of land or structure;\n- (i) a particular parcel of land; or\n- (ii) a particular structure; or\n- (iii) a class of land or structure.\n- (a) levy utility charges for services that have been supplied or are to be supplied during part of the financial year and part of another financial year;\n- (b) levy differing utility charges for services that have been supplied or are to be supplied during various periods in 1 or more financial years, and decide the way the charges are to be apportioned.\n- (a) supplied in the last financial year; or\n- (b) supplied, or to be supplied, in the current financial year; or\n- (c) to be supplied in the next financial year.","sortOrder":116},{"sectionNumber":"sec.93","sectionType":"section","heading":"Utility charges before facilities are constructed","content":"### sec.93 Utility charges before facilities are constructed\n\nThe council may, in a financial year (the current financial year ), levy utility charges for supplying a service before the facility for supplying the service has been constructed if—\nthe council reasonably believes the service will be supplied in the next financial year; and\nthe council—\nhas started constructing the facility; or\nintends to start constructing the facility during the next financial year, and has included the funds that are necessary for construction in its annual budget for the current financial year.\nThe utility charges are not invalid only because the service is not supplied in the next financial year for reasons beyond the council’s control.\n(sec.93-ssec.1) The council may, in a financial year (the current financial year ), levy utility charges for supplying a service before the facility for supplying the service has been constructed if— the council reasonably believes the service will be supplied in the next financial year; and the council— has started constructing the facility; or intends to start constructing the facility during the next financial year, and has included the funds that are necessary for construction in its annual budget for the current financial year.\n(sec.93-ssec.2) The utility charges are not invalid only because the service is not supplied in the next financial year for reasons beyond the council’s control.\n- (a) the council reasonably believes the service will be supplied in the next financial year; and\n- (b) the council— (i) has started constructing the facility; or (ii) intends to start constructing the facility during the next financial year, and has included the funds that are necessary for construction in its annual budget for the current financial year.\n- (i) has started constructing the facility; or\n- (ii) intends to start constructing the facility during the next financial year, and has included the funds that are necessary for construction in its annual budget for the current financial year.\n- (i) has started constructing the facility; or\n- (ii) intends to start constructing the facility during the next financial year, and has included the funds that are necessary for construction in its annual budget for the current financial year.","sortOrder":117},{"sectionNumber":"sec.94","sectionType":"section","heading":"Reading meters for utility charges","content":"### sec.94 Reading meters for utility charges\n\nThis section is about the reading of meters for utility charges.\nThe council may, by resolution, decide a meter is taken to have been read during the period that starts 2 weeks before, and ends 2 weeks after, the day on which the meter is actually read.\nIn calculating utility charges for a period ending on 30 April, if a meter is read on 10 May, the meter reading is taken to be the meter reading on 30 April.\nThis section does not limit the council’s power to make local laws about other aspects of the administration of the metered consumption of a utility service.\nIn this section—\nmeter includes any measuring device.\n(sec.94-ssec.1) This section is about the reading of meters for utility charges.\n(sec.94-ssec.2) The council may, by resolution, decide a meter is taken to have been read during the period that starts 2 weeks before, and ends 2 weeks after, the day on which the meter is actually read. In calculating utility charges for a period ending on 30 April, if a meter is read on 10 May, the meter reading is taken to be the meter reading on 30 April.\n(sec.94-ssec.3) This section does not limit the council’s power to make local laws about other aspects of the administration of the metered consumption of a utility service.\n(sec.94-ssec.4) In this section— meter includes any measuring device.","sortOrder":118},{"sectionNumber":"ch.4-pt.8","sectionType":"part","heading":"Separate rates and charges","content":"# Separate rates and charges","sortOrder":119},{"sectionNumber":"sec.95","sectionType":"section","heading":"Levying separate rates or charges","content":"### sec.95 Levying separate rates or charges\n\nThis section applies if the council decides to levy separate rates or charges.\nFor levying rates under subsection (1) , the council may fix a minimum amount of the rates.\nTo remove any doubt, it is declared that the council may levy separate rates or charges for a service, facility or activity, whether or not the service, facility or activity is supplied by the council.\n(sec.95-ssec.1) This section applies if the council decides to levy separate rates or charges.\n(sec.95-ssec.2) For levying rates under subsection (1) , the council may fix a minimum amount of the rates.\n(sec.95-ssec.3) To remove any doubt, it is declared that the council may levy separate rates or charges for a service, facility or activity, whether or not the service, facility or activity is supplied by the council.","sortOrder":120},{"sectionNumber":"ch.4-pt.9","sectionType":"part","heading":"Levying and adjusting rates and charges","content":"# Levying and adjusting rates and charges","sortOrder":121},{"sectionNumber":"ch.4-pt.9-div.1","sectionType":"division","heading":"Rate notices","content":"## Rate notices","sortOrder":122},{"sectionNumber":"sec.96","sectionType":"section","heading":"Rate notice for rates or charges","content":"### sec.96 Rate notice for rates or charges\n\nThe council may levy rates or charges only by a rate notice.\nA rate notice is a document stating—\nthe date when the rate notice is issued; and\nthe due date for payment of the rates or charges; and\nif the council has decided a discount applies to the rates or charges—\nthe terms of the discount; and\nthe last day of the discount period; and\nif the council has decided rates or charges may be paid by instalments—the requirements for paying by instalments; and\nthe ways in which the rates or charges may be paid.\n(sec.96-ssec.1) The council may levy rates or charges only by a rate notice.\n(sec.96-ssec.2) A rate notice is a document stating— the date when the rate notice is issued; and the due date for payment of the rates or charges; and if the council has decided a discount applies to the rates or charges— the terms of the discount; and the last day of the discount period; and if the council has decided rates or charges may be paid by instalments—the requirements for paying by instalments; and the ways in which the rates or charges may be paid.\n- (a) the date when the rate notice is issued; and\n- (b) the due date for payment of the rates or charges; and\n- (c) if the council has decided a discount applies to the rates or charges— (i) the terms of the discount; and (ii) the last day of the discount period; and\n- (i) the terms of the discount; and\n- (ii) the last day of the discount period; and\n- (d) if the council has decided rates or charges may be paid by instalments—the requirements for paying by instalments; and\n- (e) the ways in which the rates or charges may be paid.\n- (i) the terms of the discount; and\n- (ii) the last day of the discount period; and","sortOrder":123},{"sectionNumber":"sec.97","sectionType":"section","heading":"Other amounts under rate notice","content":"### sec.97 Other amounts under rate notice\n\nA rate notice may also include an amount, other than an amount for rates or charges, payable to the council.\na licence fee payable to the council\nHowever, the rate notice must make it clear that—\nthe amount is not for rates or charges; and\npayment of the amount, whether before or after the end of any discount period, does not affect any discount that applies to the rates or charges.\n(sec.97-ssec.1) A rate notice may also include an amount, other than an amount for rates or charges, payable to the council. a licence fee payable to the council\n(sec.97-ssec.2) However, the rate notice must make it clear that— the amount is not for rates or charges; and payment of the amount, whether before or after the end of any discount period, does not affect any discount that applies to the rates or charges.\n- (a) the amount is not for rates or charges; and\n- (b) payment of the amount, whether before or after the end of any discount period, does not affect any discount that applies to the rates or charges.","sortOrder":124},{"sectionNumber":"sec.98","sectionType":"section","heading":"Entities to whom rate notice must be given","content":"### sec.98 Entities to whom rate notice must be given\n\nA rate notice must be given—\nfor services supplied to a structure, or to land that is not rateable land—to the entity who asked for the service to be supplied; and\nin any other case—to the entity who is recorded in the council’s land record as the owner of the land on which the rates are levied.\nSee part 13 for more information on the land record.\n- (a) for services supplied to a structure, or to land that is not rateable land—to the entity who asked for the service to be supplied; and\n- (b) in any other case—to the entity who is recorded in the council’s land record as the owner of the land on which the rates are levied. Note— See part 13 for more information on the land record.","sortOrder":125},{"sectionNumber":"sec.99","sectionType":"section","heading":"Issue of and period covered by rate notice","content":"### sec.99 Issue of and period covered by rate notice\n\nA rate notice may only be issued—\nfor utility charges, for a period of at least 1 month, that the council considers appropriate; and\nfor other rates or charges, for the whole or part of a financial year as the council considers appropriate.\nHowever, the rate notice for the rates mentioned in subsection (1) (b) must be issued for the same period for all ratepayers.\nIf a person who is liable to pay rates or charges for a period pays the rates or charges before the council gives the person a rate notice for the period, the council is not required to give the person a rate notice for the period.\nHowever, the council must, at least once each year, issue a rate notice for each parcel of rateable land for a period of no longer than a financial year.\n(sec.99-ssec.1) A rate notice may only be issued— for utility charges, for a period of at least 1 month, that the council considers appropriate; and for other rates or charges, for the whole or part of a financial year as the council considers appropriate.\n(sec.99-ssec.2) However, the rate notice for the rates mentioned in subsection (1) (b) must be issued for the same period for all ratepayers.\n(sec.99-ssec.3) If a person who is liable to pay rates or charges for a period pays the rates or charges before the council gives the person a rate notice for the period, the council is not required to give the person a rate notice for the period.\n(sec.99-ssec.4) However, the council must, at least once each year, issue a rate notice for each parcel of rateable land for a period of no longer than a financial year.\n- (a) for utility charges, for a period of at least 1 month, that the council considers appropriate; and\n- (b) for other rates or charges, for the whole or part of a financial year as the council considers appropriate.","sortOrder":126},{"sectionNumber":"sec.100","sectionType":"section","heading":"Electronic issue of rate notice and rating category statement","content":"### sec.100 Electronic issue of rate notice and rating category statement\n\nA rate notice may be given electronically to a person if—\nthe person has given consent to the notice being given electronically; and\nat the time the notice was given, it was reasonable for the council to expect the notice would be readily accessible so as to be useable for subsequent reference by the person.\nIf a rate notice is given to a person electronically under subsection (1) , a rating category statement that must or may accompany, or be contained in, the rate notice under section 81 (2) or (3) may be given electronically to the person—\nwith the rate notice; or\nby including the rating category statement in the notice; or\nby giving the person electronic access to the rating category statement.\nproviding the person a message stating that the statement is available to read by opening a stated hyperlink\nSubsection (2) (c) applies despite section 81 (2) or (3) .\ns 100 amd 2017 SL No. 65 s 4\n(sec.100-ssec.1) A rate notice may be given electronically to a person if— the person has given consent to the notice being given electronically; and at the time the notice was given, it was reasonable for the council to expect the notice would be readily accessible so as to be useable for subsequent reference by the person.\n(sec.100-ssec.2) If a rate notice is given to a person electronically under subsection (1) , a rating category statement that must or may accompany, or be contained in, the rate notice under section 81 (2) or (3) may be given electronically to the person— with the rate notice; or by including the rating category statement in the notice; or by giving the person electronic access to the rating category statement. providing the person a message stating that the statement is available to read by opening a stated hyperlink\n(sec.100-ssec.3) Subsection (2) (c) applies despite section 81 (2) or (3) .\n- (a) the person has given consent to the notice being given electronically; and\n- (b) at the time the notice was given, it was reasonable for the council to expect the notice would be readily accessible so as to be useable for subsequent reference by the person.\n- (a) with the rate notice; or\n- (b) by including the rating category statement in the notice; or\n- (c) by giving the person electronic access to the rating category statement. Example for paragraph (c) — providing the person a message stating that the statement is available to read by opening a stated hyperlink","sortOrder":127},{"sectionNumber":"ch.4-pt.9-div.2","sectionType":"division","heading":"Adjusting rates or charges","content":"## Adjusting rates or charges","sortOrder":128},{"sectionNumber":"sec.101","sectionType":"section","heading":"What div 2 is about","content":"### sec.101 What div 2 is about\n\nThis division is about the council adjusting the amount of rates or charges that have already been levied on land because particular changes happen.","sortOrder":129},{"sectionNumber":"sec.102","sectionType":"section","heading":"Land stops being rateable land","content":"### sec.102 Land stops being rateable land\n\nIf the land becomes, or stops being, rateable land, the council must adjust the rates so that the rates are calculated only on the period when the land was rateable land.","sortOrder":130},{"sectionNumber":"sec.103","sectionType":"section","heading":"Change in value","content":"### sec.103 Change in value\n\nIf the value of the land changes under the Land Valuation Act , the council must adjust the rates so that the rates are calculated on the new value of the land for the period that starts on the day the change takes effect under that Act.","sortOrder":131},{"sectionNumber":"sec.104","sectionType":"section","heading":"Change in rating category","content":"### sec.104 Change in rating category\n\nIf the land is given a rating category, including a change of rating category, the council must adjust the general rates so that the rates are calculated on the new or changed rating category for the period that starts on the day the land was given the new or changed rating category.","sortOrder":132},{"sectionNumber":"sec.105","sectionType":"section","heading":"Special rates become or stop being payable","content":"### sec.105 Special rates become or stop being payable\n\nIf the land becomes, or stops being, land on which the council may levy special rates or charges, the council must adjust the rates or charges so that the rates or charges are calculated on the period when the land was land on which the council could levy special rates or charges.","sortOrder":133},{"sectionNumber":"sec.106","sectionType":"section","heading":"Loss of entitlement to occupy land from State","content":"### sec.106 Loss of entitlement to occupy land from State\n\nThis section applies if—\na person is entitled to occupy land under a lease, licence or permission given by the State; and\nthe person loses the entitlement, including, for example, because the lease, licence or permission expires or is surrendered or forfeited.\nThe council must adjust the rates or charges so that the rates or charges are calculated only for the period when the person was entitled to occupy the land.\n(sec.106-ssec.1) This section applies if— a person is entitled to occupy land under a lease, licence or permission given by the State; and the person loses the entitlement, including, for example, because the lease, licence or permission expires or is surrendered or forfeited.\n(sec.106-ssec.2) The council must adjust the rates or charges so that the rates or charges are calculated only for the period when the person was entitled to occupy the land.\n- (a) a person is entitled to occupy land under a lease, licence or permission given by the State; and\n- (b) the person loses the entitlement, including, for example, because the lease, licence or permission expires or is surrendered or forfeited.","sortOrder":134},{"sectionNumber":"sec.107","sectionType":"section","heading":"Rates or charges paid before adjustment","content":"### sec.107 Rates or charges paid before adjustment\n\nIf the rates or charges are paid before they are adjusted, the council—\nif the rates or charges are reduced—must refund the overpaid amount of rates or charges; or\nif the rates or charges are increased—may recover the amount of rates or charges owing.\n- (a) if the rates or charges are reduced—must refund the overpaid amount of rates or charges; or\n- (b) if the rates or charges are increased—may recover the amount of rates or charges owing.","sortOrder":135},{"sectionNumber":"ch.4-pt.9-div.3","sectionType":"division","heading":"Other matters about levying rates or charges","content":"## Other matters about levying rates or charges","sortOrder":136},{"sectionNumber":"sec.108","sectionType":"section","heading":"Limitation of increase in rates or charges levied","content":"### sec.108 Limitation of increase in rates or charges levied\n\nWhen the council resolves to levy rates or charges, it also may resolve to limit the increase in the rates or charges.\nThe rates or charges may be limited to not more than—\nif the rates or charges for the last financial year were for a full year—\nthe rates or charges for the last financial year; or\nthe rates or charges for the last financial year, increased by a stated percentage; or\nif the rates or charges levied for the last financial year were not for a full year—\nthe corresponding annual amount for the rates or charges for the last financial year; or\nthe corresponding annual amount for the rates or charges for the last financial year, increased by a stated percentage.\nThe corresponding annual amount is the amount worked out by—\nconverting the amount of the rates or charges levied for the last financial year to a daily amount; and\nmultiplying the daily amount by 365.\nThe resolution may specify different percentages for—\ndifferent land or classes of land; or\ndifferent rates or charges.\n(sec.108-ssec.1) When the council resolves to levy rates or charges, it also may resolve to limit the increase in the rates or charges.\n(sec.108-ssec.2) The rates or charges may be limited to not more than— if the rates or charges for the last financial year were for a full year— the rates or charges for the last financial year; or the rates or charges for the last financial year, increased by a stated percentage; or if the rates or charges levied for the last financial year were not for a full year— the corresponding annual amount for the rates or charges for the last financial year; or the corresponding annual amount for the rates or charges for the last financial year, increased by a stated percentage.\n(sec.108-ssec.3) The corresponding annual amount is the amount worked out by— converting the amount of the rates or charges levied for the last financial year to a daily amount; and multiplying the daily amount by 365.\n(sec.108-ssec.4) The resolution may specify different percentages for— different land or classes of land; or different rates or charges.\n- (a) if the rates or charges for the last financial year were for a full year— (i) the rates or charges for the last financial year; or (ii) the rates or charges for the last financial year, increased by a stated percentage; or\n- (i) the rates or charges for the last financial year; or\n- (ii) the rates or charges for the last financial year, increased by a stated percentage; or\n- (b) if the rates or charges levied for the last financial year were not for a full year— (i) the corresponding annual amount for the rates or charges for the last financial year; or (ii) the corresponding annual amount for the rates or charges for the last financial year, increased by a stated percentage.\n- (i) the corresponding annual amount for the rates or charges for the last financial year; or\n- (ii) the corresponding annual amount for the rates or charges for the last financial year, increased by a stated percentage.\n- (i) the rates or charges for the last financial year; or\n- (ii) the rates or charges for the last financial year, increased by a stated percentage; or\n- (i) the corresponding annual amount for the rates or charges for the last financial year; or\n- (ii) the corresponding annual amount for the rates or charges for the last financial year, increased by a stated percentage.\n- (a) converting the amount of the rates or charges levied for the last financial year to a daily amount; and\n- (b) multiplying the daily amount by 365.\n- (a) different land or classes of land; or\n- (b) different rates or charges.","sortOrder":137},{"sectionNumber":"sec.108A","sectionType":"section","heading":"Limitation of increase in rates or charges levied continues after compulsory acquisition of land","content":"### sec.108A Limitation of increase in rates or charges levied continues after compulsory acquisition of land\n\nThis section applies if—\nthe council resolves, under section 108 , to limit the increase in the rates or charges levied on rateable land (a rates cap ); and\npart of the rateable land is—\ncompulsorily acquired by a government entity; or\notherwise acquired by the department administering the Transport Planning and Coordination Act 1994 .\nUntil the council resolves otherwise, the rates and charges levied on the remainder are reduced to the divided amount.\nHowever, the resolution can not be made before the next budget meeting of the council that occurs after the application of the rates cap.\nIn this section—\ncompulsorily acquired , for part of rateable land, means acquired under an Act, or a law of the Commonwealth, that authorises the compulsory acquisition of land by a government entity.\nland taken under the Acquisition of Land Act 1967\ndivided amount means the amount worked out by—\ndividing the amount of the rates or charges levied on the rateable land by the number of square metres of the rateable land; and\nmultiplying the amount calculated under paragraph (a) by the number of square metres of the remainder.\ngovernment entity means the State, the Commonwealth, a local government or an entity authorised by the State, Commonwealth or a local government.\nremainder , for rateable land (part of which is acquired in a manner mentioned in subsection (1) (b) ), means that part of the rateable land not acquired.\ns 108A ins 2014 SL No. 290 s 8\n(sec.108A-ssec.1) This section applies if— the council resolves, under section 108 , to limit the increase in the rates or charges levied on rateable land (a rates cap ); and part of the rateable land is— compulsorily acquired by a government entity; or otherwise acquired by the department administering the Transport Planning and Coordination Act 1994 .\n(sec.108A-ssec.2) Until the council resolves otherwise, the rates and charges levied on the remainder are reduced to the divided amount.\n(sec.108A-ssec.3) However, the resolution can not be made before the next budget meeting of the council that occurs after the application of the rates cap.\n(sec.108A-ssec.4) In this section— compulsorily acquired , for part of rateable land, means acquired under an Act, or a law of the Commonwealth, that authorises the compulsory acquisition of land by a government entity. land taken under the Acquisition of Land Act 1967 divided amount means the amount worked out by— dividing the amount of the rates or charges levied on the rateable land by the number of square metres of the rateable land; and multiplying the amount calculated under paragraph (a) by the number of square metres of the remainder. government entity means the State, the Commonwealth, a local government or an entity authorised by the State, Commonwealth or a local government. remainder , for rateable land (part of which is acquired in a manner mentioned in subsection (1) (b) ), means that part of the rateable land not acquired.\n- (a) the council resolves, under section 108 , to limit the increase in the rates or charges levied on rateable land (a rates cap ); and\n- (b) part of the rateable land is— (i) compulsorily acquired by a government entity; or (ii) otherwise acquired by the department administering the Transport Planning and Coordination Act 1994 .\n- (i) compulsorily acquired by a government entity; or\n- (ii) otherwise acquired by the department administering the Transport Planning and Coordination Act 1994 .\n- (i) compulsorily acquired by a government entity; or\n- (ii) otherwise acquired by the department administering the Transport Planning and Coordination Act 1994 .\n- (a) dividing the amount of the rates or charges levied on the rateable land by the number of square metres of the rateable land; and\n- (b) multiplying the amount calculated under paragraph (a) by the number of square metres of the remainder.","sortOrder":138},{"sectionNumber":"sec.109","sectionType":"section","heading":"Rates or charges may be levied or adjusted after end of financial year","content":"### sec.109 Rates or charges may be levied or adjusted after end of financial year\n\nThe council may levy rates or charges, or adjust a rates or charges levy in a financial year, even though the resolution for making the rates or charges was made for a previous financial year.","sortOrder":139},{"sectionNumber":"sec.110","sectionType":"section","heading":"When rates or charges must be paid","content":"### sec.110 When rates or charges must be paid\n\nThe council must decide the date by which, or the period within which, rates or charges must be paid.\nThe date by which, or the period within which, the rates or charges must be paid must be—\nat least 30 days after the rate notice for the rates or charges is issued; and\nsubject to part 10 , the same date or period for each person liable to pay the rates or charges.\nThe council must, by resolution, make the decision at its budget meeting.\n(sec.110-ssec.1) The council must decide the date by which, or the period within which, rates or charges must be paid.\n(sec.110-ssec.2) The date by which, or the period within which, the rates or charges must be paid must be— at least 30 days after the rate notice for the rates or charges is issued; and subject to part 10 , the same date or period for each person liable to pay the rates or charges.\n(sec.110-ssec.3) The council must, by resolution, make the decision at its budget meeting.\n- (a) at least 30 days after the rate notice for the rates or charges is issued; and\n- (b) subject to part 10 , the same date or period for each person liable to pay the rates or charges.","sortOrder":140},{"sectionNumber":"ch.4-pt.9-div.4","sectionType":"division","heading":null,"content":"","sortOrder":141},{"sectionNumber":"sec.110A","sectionType":"section","heading":null,"content":"### Section sec.110A\n\ns 110A ins 2020 SL No. 244 s 4\nexp 30 June 2021 (see s 110B)","sortOrder":142},{"sectionNumber":"sec.110B","sectionType":"section","heading":null,"content":"### Section sec.110B\n\ns 110B ins 2020 SL No. 244 s 4\nexp 30 June 2021 (see s 110B)","sortOrder":143},{"sectionNumber":"ch.4-pt.10","sectionType":"part","heading":"Concessions","content":"# Concessions","sortOrder":144},{"sectionNumber":"sec.111","sectionType":"section","heading":"Concession for rates or charges","content":"### sec.111 Concession for rates or charges\n\nThe council may grant a ratepayer a concession for rates or charges for land only under this part.","sortOrder":145},{"sectionNumber":"sec.112","sectionType":"section","heading":"Criteria for granting concession","content":"### sec.112 Criteria for granting concession\n\nThe council may grant the concession only if it is satisfied—\nthe land is owned or occupied by a pensioner; or\nthe land is owned by—\nan entity whose objects do not include making a profit; or\nan entity that provides assistance or encouragement for arts or cultural development; or\nthe payment of the rates or charges will cause hardship to the land owner; or\nthe concession will encourage the economic development of Brisbane or a part of Brisbane; or\nthe concession will encourage land that is of cultural, environmental, historic, heritage or scientific significance to Brisbane to be preserved, restored or maintained; or\nthe land is used exclusively for the purpose of a single dwelling house or farming and could be used for another purpose, including, for example, a commercial or industrial purpose; or\nthe land is subject to a GHG tenure, mining tenement or petroleum tenure; or\nthe land is part of a parcel of land (a parcel ) that has been subdivided and—\nthe person who subdivided the parcel is the owner of the land; and\nthe land is not developed land.\nIn this section—\nGHG tenure see the Greenhouse Gas Storage Act 2009 , section 18 (2) .\nmining tenement see the Mineral Resources Act 1989 , schedule 2 .\npetroleum tenure means—\na petroleum tenure under the Petroleum and Gas (Production and Safety) Act 2004 , section 18 (3) ; or\nan authority to prospect or lease under the Petroleum Act 1923 .\n(sec.112-ssec.1) The council may grant the concession only if it is satisfied— the land is owned or occupied by a pensioner; or the land is owned by— an entity whose objects do not include making a profit; or an entity that provides assistance or encouragement for arts or cultural development; or the payment of the rates or charges will cause hardship to the land owner; or the concession will encourage the economic development of Brisbane or a part of Brisbane; or the concession will encourage land that is of cultural, environmental, historic, heritage or scientific significance to Brisbane to be preserved, restored or maintained; or the land is used exclusively for the purpose of a single dwelling house or farming and could be used for another purpose, including, for example, a commercial or industrial purpose; or the land is subject to a GHG tenure, mining tenement or petroleum tenure; or the land is part of a parcel of land (a parcel ) that has been subdivided and— the person who subdivided the parcel is the owner of the land; and the land is not developed land.\n(sec.112-ssec.2) In this section— GHG tenure see the Greenhouse Gas Storage Act 2009 , section 18 (2) . mining tenement see the Mineral Resources Act 1989 , schedule 2 . petroleum tenure means— a petroleum tenure under the Petroleum and Gas (Production and Safety) Act 2004 , section 18 (3) ; or an authority to prospect or lease under the Petroleum Act 1923 .\n- (a) the land is owned or occupied by a pensioner; or\n- (b) the land is owned by— (i) an entity whose objects do not include making a profit; or (ii) an entity that provides assistance or encouragement for arts or cultural development; or\n- (i) an entity whose objects do not include making a profit; or\n- (ii) an entity that provides assistance or encouragement for arts or cultural development; or\n- (c) the payment of the rates or charges will cause hardship to the land owner; or\n- (d) the concession will encourage the economic development of Brisbane or a part of Brisbane; or\n- (e) the concession will encourage land that is of cultural, environmental, historic, heritage or scientific significance to Brisbane to be preserved, restored or maintained; or\n- (f) the land is used exclusively for the purpose of a single dwelling house or farming and could be used for another purpose, including, for example, a commercial or industrial purpose; or\n- (g) the land is subject to a GHG tenure, mining tenement or petroleum tenure; or\n- (h) the land is part of a parcel of land (a parcel ) that has been subdivided and— (i) the person who subdivided the parcel is the owner of the land; and (ii) the land is not developed land.\n- (i) the person who subdivided the parcel is the owner of the land; and\n- (ii) the land is not developed land.\n- (i) an entity whose objects do not include making a profit; or\n- (ii) an entity that provides assistance or encouragement for arts or cultural development; or\n- (i) the person who subdivided the parcel is the owner of the land; and\n- (ii) the land is not developed land.\n- (a) a petroleum tenure under the Petroleum and Gas (Production and Safety) Act 2004 , section 18 (3) ; or\n- (b) an authority to prospect or lease under the Petroleum Act 1923 .","sortOrder":146},{"sectionNumber":"sec.113","sectionType":"section","heading":"Types of concession","content":"### sec.113 Types of concession\n\nThe concession may only be of the following types—\na rebate of all or part of the rates or charges;\nan agreement to defer payment of the rates or charges;\nan agreement to accept a transfer of unencumbered land in full or part payment of the rates or charges.\n- (a) a rebate of all or part of the rates or charges;\n- (b) an agreement to defer payment of the rates or charges;\n- (c) an agreement to accept a transfer of unencumbered land in full or part payment of the rates or charges.","sortOrder":147},{"sectionNumber":"sec.114","sectionType":"section","heading":"Resolutions for granting concession","content":"### sec.114 Resolutions for granting concession\n\nThe council may grant the concession only by—\na resolution granting the concession to a stated ratepayer; or\nif the concession is of a type mentioned in section 113 (a) or (b) —a resolution granting the concession to a ratepayer who is a member of a stated class of ratepayers.\nThe council may make the resolution before it levies the rates or charges.\nThe council may make a resolution under subsection (1) (a) only if the ratepayer has applied for the concession in a way accepted by the council.\nIf the council grants a concession by making a resolution under subsection (1) (b) , the concession may be granted only to the ratepayers whom the council is satisfied are eligible for the concession.\nThe resolution may include conditions for granting the concession to the ratepayer.\nWithout limiting subsection (5) , the conditions may include the following—\na condition requiring the ratepayer to show the council particular information or documents or follow a procedure to be eligible for the concession;\na condition requiring the ratepayer to produce a health care card or pensioner concession card to show the ratepayer’s eligibility for the concession for the rates or charges\na condition requiring the ratepayer to enter an agreement to defer payment of rates or charges in a form required by the council\na condition limiting the period for which the ratepayer is granted the concession.\nfor a concession on the basis of the ratepayer’s receipt of a disability support pension, a condition limiting the concession to the period for which the ratepayer receives the pension\n(sec.114-ssec.1) The council may grant the concession only by— a resolution granting the concession to a stated ratepayer; or if the concession is of a type mentioned in section 113 (a) or (b) —a resolution granting the concession to a ratepayer who is a member of a stated class of ratepayers.\n(sec.114-ssec.2) The council may make the resolution before it levies the rates or charges.\n(sec.114-ssec.3) The council may make a resolution under subsection (1) (a) only if the ratepayer has applied for the concession in a way accepted by the council.\n(sec.114-ssec.4) If the council grants a concession by making a resolution under subsection (1) (b) , the concession may be granted only to the ratepayers whom the council is satisfied are eligible for the concession.\n(sec.114-ssec.5) The resolution may include conditions for granting the concession to the ratepayer.\n(sec.114-ssec.6) Without limiting subsection (5) , the conditions may include the following— a condition requiring the ratepayer to show the council particular information or documents or follow a procedure to be eligible for the concession; a condition requiring the ratepayer to produce a health care card or pensioner concession card to show the ratepayer’s eligibility for the concession for the rates or charges a condition requiring the ratepayer to enter an agreement to defer payment of rates or charges in a form required by the council a condition limiting the period for which the ratepayer is granted the concession. for a concession on the basis of the ratepayer’s receipt of a disability support pension, a condition limiting the concession to the period for which the ratepayer receives the pension\n- (a) a resolution granting the concession to a stated ratepayer; or\n- (b) if the concession is of a type mentioned in section 113 (a) or (b) —a resolution granting the concession to a ratepayer who is a member of a stated class of ratepayers.\n- (a) a condition requiring the ratepayer to show the council particular information or documents or follow a procedure to be eligible for the concession; Examples— • a condition requiring the ratepayer to produce a health care card or pensioner concession card to show the ratepayer’s eligibility for the concession for the rates or charges • a condition requiring the ratepayer to enter an agreement to defer payment of rates or charges in a form required by the council\n- • a condition requiring the ratepayer to produce a health care card or pensioner concession card to show the ratepayer’s eligibility for the concession for the rates or charges\n- • a condition requiring the ratepayer to enter an agreement to defer payment of rates or charges in a form required by the council\n- (b) a condition limiting the period for which the ratepayer is granted the concession. Example— for a concession on the basis of the ratepayer’s receipt of a disability support pension, a condition limiting the concession to the period for which the ratepayer receives the pension\n- • a condition requiring the ratepayer to produce a health care card or pensioner concession card to show the ratepayer’s eligibility for the concession for the rates or charges\n- • a condition requiring the ratepayer to enter an agreement to defer payment of rates or charges in a form required by the council","sortOrder":148},{"sectionNumber":"sec.115","sectionType":"section","heading":"Special provision for rebate for land occupied by pensioners","content":"### sec.115 Special provision for rebate for land occupied by pensioners\n\nThe council may grant a rebate of rates or charges for land occupied only by pensioners only if the land owner agrees to pass the benefit of the rebate on to the pensioners.\nThe council may grant a rebate of rates or charges for land that is occupied by pensioners and other persons, only—\nfor that part of the rates or charges that the council considers is fairly attributable to the part of the land where pensioners have a right to exclusive occupancy; and\nif the land owner agrees to pass the benefit of the rebate on to the pensioners.\n(sec.115-ssec.1) The council may grant a rebate of rates or charges for land occupied only by pensioners only if the land owner agrees to pass the benefit of the rebate on to the pensioners.\n(sec.115-ssec.2) The council may grant a rebate of rates or charges for land that is occupied by pensioners and other persons, only— for that part of the rates or charges that the council considers is fairly attributable to the part of the land where pensioners have a right to exclusive occupancy; and if the land owner agrees to pass the benefit of the rebate on to the pensioners.\n- (a) for that part of the rates or charges that the council considers is fairly attributable to the part of the land where pensioners have a right to exclusive occupancy; and\n- (b) if the land owner agrees to pass the benefit of the rebate on to the pensioners.","sortOrder":149},{"sectionNumber":"sec.116","sectionType":"section","heading":"Refund of rebated rates or charges already paid","content":"### sec.116 Refund of rebated rates or charges already paid\n\nThis section applies if—\nthe council grants a rebate of rates or charges to a ratepayer or a ratepayer who is a member of a class of ratepayers; and\nthe ratepayer has already paid the rates or charges.\nThe council must refund the amount of the rebated rates or charges to the ratepayer.\n(sec.116-ssec.1) This section applies if— the council grants a rebate of rates or charges to a ratepayer or a ratepayer who is a member of a class of ratepayers; and the ratepayer has already paid the rates or charges.\n(sec.116-ssec.2) The council must refund the amount of the rebated rates or charges to the ratepayer.\n- (a) the council grants a rebate of rates or charges to a ratepayer or a ratepayer who is a member of a class of ratepayers; and\n- (b) the ratepayer has already paid the rates or charges.","sortOrder":150},{"sectionNumber":"sec.117","sectionType":"section","heading":"Special provision for agreement to defer rates or charges","content":"### sec.117 Special provision for agreement to defer rates or charges\n\nThis section applies if a concession to a ratepayer for rates or charges includes an agreement to defer the payment of the rates or charges.\nThe agreement must state either—\nfor an agreement under which the rates or charges become payable on a particular day—the due date for payment of the rates or charges; or\nfor an agreement under which the rates or charges become payable when an event happens—a description of the event and the due date for payment of the rates or charges in reference to the event.\nAn agreement provides for general rates for land to be paid at the end of a stated period after the land is transmitted to the ratepayer’s personal representative or sold.\nThe agreement may also include a condition that the ratepayer must pay an additional charge in return for the council agreeing to defer payment of the rates or charges.\n(sec.117-ssec.1) This section applies if a concession to a ratepayer for rates or charges includes an agreement to defer the payment of the rates or charges.\n(sec.117-ssec.2) The agreement must state either— for an agreement under which the rates or charges become payable on a particular day—the due date for payment of the rates or charges; or for an agreement under which the rates or charges become payable when an event happens—a description of the event and the due date for payment of the rates or charges in reference to the event. An agreement provides for general rates for land to be paid at the end of a stated period after the land is transmitted to the ratepayer’s personal representative or sold.\n(sec.117-ssec.3) The agreement may also include a condition that the ratepayer must pay an additional charge in return for the council agreeing to defer payment of the rates or charges.\n- (a) for an agreement under which the rates or charges become payable on a particular day—the due date for payment of the rates or charges; or\n- (b) for an agreement under which the rates or charges become payable when an event happens—a description of the event and the due date for payment of the rates or charges in reference to the event. Example— An agreement provides for general rates for land to be paid at the end of a stated period after the land is transmitted to the ratepayer’s personal representative or sold.","sortOrder":151},{"sectionNumber":"sec.118","sectionType":"section","heading":"Special provision for agreement to accept land transfer","content":"### sec.118 Special provision for agreement to accept land transfer\n\nThis section applies if a concession to a ratepayer for rates or charges includes an agreement to accept a transfer of unencumbered land in full or part payment of the rates or charges.\nThe agreement must state the due date for payment of the rates or charges.\n(sec.118-ssec.1) This section applies if a concession to a ratepayer for rates or charges includes an agreement to accept a transfer of unencumbered land in full or part payment of the rates or charges.\n(sec.118-ssec.2) The agreement must state the due date for payment of the rates or charges.","sortOrder":152},{"sectionNumber":"ch.4-pt.11","sectionType":"part","heading":"Paying rates and charges","content":"# Paying rates and charges","sortOrder":153},{"sectionNumber":"sec.119","sectionType":"section","heading":"Who must pay rates and charges","content":"### sec.119 Who must pay rates and charges\n\nSubject to section 155 , the following persons are liable to pay rates and charges—\nfor rateable land—the current owner of the land, even if that owner did not own the land during the period to which the rates or charges relate;\nfor a service that is supplied to a structure, or to land that is not rateable land—the entity who asked for the service to be supplied;\nfor previously rateable land—the owner of the land immediately before it stopped being rateable land.\nPreviously rateable land is land that was, but has stopped being, rateable land because—\nthe tenure of a holding is terminated; or\nthe land is surrendered or forfeited to the State; or\nthe land is acquired by the State or the Commonwealth; or\nthe land is exempted from rating; or\nthe property description of the land no longer exists.\nIf more than 1 person is liable to pay rates or charges, all the persons are jointly and severally liable to pay the rates or charges.\n(sec.119-ssec.1) Subject to section 155 , the following persons are liable to pay rates and charges— for rateable land—the current owner of the land, even if that owner did not own the land during the period to which the rates or charges relate; for a service that is supplied to a structure, or to land that is not rateable land—the entity who asked for the service to be supplied; for previously rateable land—the owner of the land immediately before it stopped being rateable land.\n(sec.119-ssec.2) Previously rateable land is land that was, but has stopped being, rateable land because— the tenure of a holding is terminated; or the land is surrendered or forfeited to the State; or the land is acquired by the State or the Commonwealth; or the land is exempted from rating; or the property description of the land no longer exists.\n(sec.119-ssec.3) If more than 1 person is liable to pay rates or charges, all the persons are jointly and severally liable to pay the rates or charges.\n- (a) for rateable land—the current owner of the land, even if that owner did not own the land during the period to which the rates or charges relate;\n- (b) for a service that is supplied to a structure, or to land that is not rateable land—the entity who asked for the service to be supplied;\n- (c) for previously rateable land—the owner of the land immediately before it stopped being rateable land.\n- (a) the tenure of a holding is terminated; or\n- (b) the land is surrendered or forfeited to the State; or\n- (c) the land is acquired by the State or the Commonwealth; or\n- (d) the land is exempted from rating; or\n- (e) the property description of the land no longer exists.","sortOrder":154},{"sectionNumber":"sec.120","sectionType":"section","heading":"Paying part of rates and charges","content":"### sec.120 Paying part of rates and charges\n\nThis section applies if a person—\npays the council an amount that is less than the total of all amounts mentioned in a rate notice; and\ndoes not specify which of the amounts the person is paying.\nThe council must use the amount to pay the amounts mentioned in the rate notice in the following order—\noverdue rates or charges, starting with the rates or charges that have been overdue the longest;\nrates or charges stated in the rate notice;\namounts, other than rates or charges, that are payable to the council.\n(sec.120-ssec.1) This section applies if a person— pays the council an amount that is less than the total of all amounts mentioned in a rate notice; and does not specify which of the amounts the person is paying.\n(sec.120-ssec.2) The council must use the amount to pay the amounts mentioned in the rate notice in the following order— overdue rates or charges, starting with the rates or charges that have been overdue the longest; rates or charges stated in the rate notice; amounts, other than rates or charges, that are payable to the council.\n- (a) pays the council an amount that is less than the total of all amounts mentioned in a rate notice; and\n- (b) does not specify which of the amounts the person is paying.\n- (a) overdue rates or charges, starting with the rates or charges that have been overdue the longest;\n- (b) rates or charges stated in the rate notice;\n- (c) amounts, other than rates or charges, that are payable to the council.","sortOrder":155},{"sectionNumber":"sec.121","sectionType":"section","heading":"Paying rates or charges by instalments","content":"### sec.121 Paying rates or charges by instalments\n\nThe council may decide to allow ratepayers to pay rates or charges by instalments.\nThe council must, by resolution, make the decision at its budget meeting.\nThe resolution must state—\nthe periods for payment of each instalment of the rates or charges; and\nany other requirements for paying the rates or charges by instalments.\nThe requirements may include a requirement for the ratepayer to pay an additional charge in return for paying the rates or charges by instalments.\nThe resolution may state a discount for paying an instalment of the rates or charges within the period for paying the instalment.\n(sec.121-ssec.1) The council may decide to allow ratepayers to pay rates or charges by instalments.\n(sec.121-ssec.2) The council must, by resolution, make the decision at its budget meeting.\n(sec.121-ssec.3) The resolution must state— the periods for payment of each instalment of the rates or charges; and any other requirements for paying the rates or charges by instalments.\n(sec.121-ssec.4) The requirements may include a requirement for the ratepayer to pay an additional charge in return for paying the rates or charges by instalments.\n(sec.121-ssec.5) The resolution may state a discount for paying an instalment of the rates or charges within the period for paying the instalment.\n- (a) the periods for payment of each instalment of the rates or charges; and\n- (b) any other requirements for paying the rates or charges by instalments.","sortOrder":156},{"sectionNumber":"sec.122","sectionType":"section","heading":"Discount for prompt payment of rates or charges","content":"### sec.122 Discount for prompt payment of rates or charges\n\nThe council may decide to allow a discount for payment of rates or charges before the end of the discount period.\nThe amount of the discount and the discount period may differ for different rating categories of rateable land.\nThe discount period is a period that ends on or before the due date for payment.\n1 month before the due date for payment\na period of 1 month ending 2 weeks before the due date for payment\nThe council must, by resolution, make the decision at its budget meeting.\nThe resolution must state—\nwhether the discount is to be—\na fixed amount; or\na percentage of the rates or charges; and\nif the discount is to be a fixed amount—the amount; and\nif the discount is to be a percentage of the rates or charges—the percentage; and\nwhether the discount applies only if—\nother rates or charges are paid; or\nan amount, including any interest on the amount, is paid for work that was performed by the council under a remedial notice issued under the Act ; and\nthe discount period.\nThe council may allow more than 1 discount period for rates or charges only if the council’s resolution—\nstates more than 1 discount period for the rates or charges; and\nallows a different discount for each discount period.\nThe council may, by resolution, change the discount period to end on a later day (the new discount day ).\nHowever, if the discount period is changed under subsection (7) , the council must also, by resolution, change the due date for payment to a later day that is no earlier than the new discount day.\nIf the council decides to allow a discount for a discount period, it must allow the discount to all ratepayers who pay the rates or charges before the end of the discount period.\nIf the council is satisfied a ratepayer has been prevented, by circumstances beyond their control, from paying the rates or charges in time to get a discount, the council may still allow the discount.\nA ratepayer is not entitled to a discount for paying in full rates or charges for land by the end of a discount period if other rates or charges for the land are overdue.\ns 122 amd 2025 SL No. 161 s 3\n(sec.122-ssec.1) The council may decide to allow a discount for payment of rates or charges before the end of the discount period.\n(sec.122-ssec.2) The amount of the discount and the discount period may differ for different rating categories of rateable land.\n(sec.122-ssec.3) The discount period is a period that ends on or before the due date for payment. 1 month before the due date for payment a period of 1 month ending 2 weeks before the due date for payment\n(sec.122-ssec.4) The council must, by resolution, make the decision at its budget meeting.\n(sec.122-ssec.5) The resolution must state— whether the discount is to be— a fixed amount; or a percentage of the rates or charges; and if the discount is to be a fixed amount—the amount; and if the discount is to be a percentage of the rates or charges—the percentage; and whether the discount applies only if— other rates or charges are paid; or an amount, including any interest on the amount, is paid for work that was performed by the council under a remedial notice issued under the Act ; and the discount period.\n(sec.122-ssec.6) The council may allow more than 1 discount period for rates or charges only if the council’s resolution— states more than 1 discount period for the rates or charges; and allows a different discount for each discount period.\n(sec.122-ssec.7) The council may, by resolution, change the discount period to end on a later day (the new discount day ).\n(sec.122-ssec.8) However, if the discount period is changed under subsection (7) , the council must also, by resolution, change the due date for payment to a later day that is no earlier than the new discount day.\n(sec.122-ssec.9) If the council decides to allow a discount for a discount period, it must allow the discount to all ratepayers who pay the rates or charges before the end of the discount period.\n(sec.122-ssec.10) If the council is satisfied a ratepayer has been prevented, by circumstances beyond their control, from paying the rates or charges in time to get a discount, the council may still allow the discount.\n(sec.122-ssec.11) A ratepayer is not entitled to a discount for paying in full rates or charges for land by the end of a discount period if other rates or charges for the land are overdue.\n- • 1 month before the due date for payment\n- • a period of 1 month ending 2 weeks before the due date for payment\n- (a) whether the discount is to be— (i) a fixed amount; or (ii) a percentage of the rates or charges; and\n- (i) a fixed amount; or\n- (ii) a percentage of the rates or charges; and\n- (b) if the discount is to be a fixed amount—the amount; and\n- (c) if the discount is to be a percentage of the rates or charges—the percentage; and\n- (d) whether the discount applies only if— (i) other rates or charges are paid; or (ii) an amount, including any interest on the amount, is paid for work that was performed by the council under a remedial notice issued under the Act ; and\n- (i) other rates or charges are paid; or\n- (ii) an amount, including any interest on the amount, is paid for work that was performed by the council under a remedial notice issued under the Act ; and\n- (e) the discount period.\n- (i) a fixed amount; or\n- (ii) a percentage of the rates or charges; and\n- (i) other rates or charges are paid; or\n- (ii) an amount, including any interest on the amount, is paid for work that was performed by the council under a remedial notice issued under the Act ; and\n- (a) states more than 1 discount period for the rates or charges; and\n- (b) allows a different discount for each discount period.","sortOrder":157},{"sectionNumber":"sec.123","sectionType":"section","heading":"Other benefits for prompt payment","content":"### sec.123 Other benefits for prompt payment\n\nThe council may give a benefit that is not a discount as an inducement for payment of rates or charges before the due date for payment.\nfree use of the council’s services, facilities or activities\nan opportunity to win a donated car, holiday or other prize\n- • free use of the council’s services, facilities or activities\n- • an opportunity to win a donated car, holiday or other prize","sortOrder":158},{"sectionNumber":"ch.4-pt.12","sectionType":"part","heading":"Overdue rates and charges","content":"# Overdue rates and charges","sortOrder":159},{"sectionNumber":"ch.4-pt.12-div.1","sectionType":"division","heading":"General provisions","content":"## General provisions","sortOrder":160},{"sectionNumber":"sec.124","sectionType":"section","heading":"What are overdue rates or charges and when do they become overdue","content":"### sec.124 What are overdue rates or charges and when do they become overdue\n\nOverdue rates or charges are made up of—\neither of the following—\nsubject to subparagraph (ii) , rates or charges that are not paid by the due date for payment stated in the rates notice;\nif a ratepayer is granted a concession for rates or charges of a type mentioned in section 113 (b) or (c) —rates or charges that are not paid by the due date stated in the agreement to which the concession relates; and\nif the council takes the ratepayer to court to recover rates or charges and the court orders the ratepayer to pay the council’s costs—the costs; and\nif the council decides to sell land under section 132 and the land is not sold within 1 year after the council gives the registered owner a notice of intention to sell—the expenses incurred by the council in relation to selling the land; and\nthe interest, if interest is payable, on the rates or charges, or costs.\nSubject to subsection (3) , the rates or charges mentioned in subsection (1) (a) (i) become overdue on the day after the due date for payment of the rates or charges stated in the rates notice.\nSubject to subsections (4) to (6) , the rates or charges mentioned in subsection (1) (a) (ii) become overdue on the day after the due date for payment of the rates or charges stated in the agreement to which the concession relates.\nSubsection (5) applies if—\nrates or charges are not paid before the due date stated in the rates notice for the rates or charges; and\na concession of a type mentioned in section 113 (b) or (c) is granted after the due date; and\nthe rates or charges are not paid by the due date stated in the agreement to which the concession relates.\nThe rates or charges are taken to have become overdue on the day after the due date stated in the rates notice for the rates or charges.\nIf an agreement deferring payment of rates or charges includes a condition about when the rates or charges become payable, the rates or charges can become overdue only if the condition is satisfied.\nAn agreement to defer payment of general rates for land provides that the rates become payable within a stated period after the land is sold. The rates or charges can become overdue only if the land is sold.\nThe expenses mentioned in subsection (1) (c) become overdue 1 year after the notice of intention to sell is given to the registered owner.\ns 124 amd 2020 SL No. 244 s 5\n(sec.124-ssec.1) Overdue rates or charges are made up of— either of the following— subject to subparagraph (ii) , rates or charges that are not paid by the due date for payment stated in the rates notice; if a ratepayer is granted a concession for rates or charges of a type mentioned in section 113 (b) or (c) —rates or charges that are not paid by the due date stated in the agreement to which the concession relates; and if the council takes the ratepayer to court to recover rates or charges and the court orders the ratepayer to pay the council’s costs—the costs; and if the council decides to sell land under section 132 and the land is not sold within 1 year after the council gives the registered owner a notice of intention to sell—the expenses incurred by the council in relation to selling the land; and the interest, if interest is payable, on the rates or charges, or costs.\n(sec.124-ssec.2) Subject to subsection (3) , the rates or charges mentioned in subsection (1) (a) (i) become overdue on the day after the due date for payment of the rates or charges stated in the rates notice.\n(sec.124-ssec.3) Subject to subsections (4) to (6) , the rates or charges mentioned in subsection (1) (a) (ii) become overdue on the day after the due date for payment of the rates or charges stated in the agreement to which the concession relates.\n(sec.124-ssec.4) Subsection (5) applies if— rates or charges are not paid before the due date stated in the rates notice for the rates or charges; and a concession of a type mentioned in section 113 (b) or (c) is granted after the due date; and the rates or charges are not paid by the due date stated in the agreement to which the concession relates.\n(sec.124-ssec.5) The rates or charges are taken to have become overdue on the day after the due date stated in the rates notice for the rates or charges.\n(sec.124-ssec.6) If an agreement deferring payment of rates or charges includes a condition about when the rates or charges become payable, the rates or charges can become overdue only if the condition is satisfied. An agreement to defer payment of general rates for land provides that the rates become payable within a stated period after the land is sold. The rates or charges can become overdue only if the land is sold.\n(sec.124-ssec.7) The expenses mentioned in subsection (1) (c) become overdue 1 year after the notice of intention to sell is given to the registered owner.\n- (a) either of the following— (i) subject to subparagraph (ii) , rates or charges that are not paid by the due date for payment stated in the rates notice; (ii) if a ratepayer is granted a concession for rates or charges of a type mentioned in section 113 (b) or (c) —rates or charges that are not paid by the due date stated in the agreement to which the concession relates; and\n- (i) subject to subparagraph (ii) , rates or charges that are not paid by the due date for payment stated in the rates notice;\n- (ii) if a ratepayer is granted a concession for rates or charges of a type mentioned in section 113 (b) or (c) —rates or charges that are not paid by the due date stated in the agreement to which the concession relates; and\n- (b) if the council takes the ratepayer to court to recover rates or charges and the court orders the ratepayer to pay the council’s costs—the costs; and\n- (c) if the council decides to sell land under section 132 and the land is not sold within 1 year after the council gives the registered owner a notice of intention to sell—the expenses incurred by the council in relation to selling the land; and\n- (d) the interest, if interest is payable, on the rates or charges, or costs.\n- (i) subject to subparagraph (ii) , rates or charges that are not paid by the due date for payment stated in the rates notice;\n- (ii) if a ratepayer is granted a concession for rates or charges of a type mentioned in section 113 (b) or (c) —rates or charges that are not paid by the due date stated in the agreement to which the concession relates; and\n- (a) rates or charges are not paid before the due date stated in the rates notice for the rates or charges; and\n- (b) a concession of a type mentioned in section 113 (b) or (c) is granted after the due date; and\n- (c) the rates or charges are not paid by the due date stated in the agreement to which the concession relates.","sortOrder":161},{"sectionNumber":"sec.125","sectionType":"section","heading":"Interest on overdue rates or charges","content":"### sec.125 Interest on overdue rates or charges\n\nInterest is payable on overdue rates or charges from—\nthe day the rates or charges become overdue; or\na later day decided by the council.\nInterest must be calculated—\non daily rests and as compound interest; or\nin another way the council decides, if an equal or lower amount will be payable.\nThe rate of interest payable is—\nfor a day before 1 July 2019—an annual rate, of not more than 11%, decided by the council; or\nfor a day on or after 1 July 2019—an annual rate, of not more than the prescribed rate for the day, decided by the council.\nA decision of the council under this section must—\napply equally to all ratepayers; and\nfor a decision under subsection (3) (b) —be made by resolution at the council’s budget meeting for the financial year that includes the day to which the decision relates.\nIn this section—\nbank bill yield rate , for a day, means the monthly average yield of 90-day bank accepted bills published by the Reserve Bank of Australia for the month of March in the financial year immediately before the financial year in which the day occurs.\nThe monthly average yield of 90-day bank accepted bills can be accessed on the Reserve Bank of Australia’s website.\nprescribed rate , for a day, means the rate that is the sum of—\nthe bank bill yield rate for the day, rounded to 2 decimal places; and\n8%.\ns 125 sub 2019 SL No. 39 s 7\n(sec.125-ssec.1) Interest is payable on overdue rates or charges from— the day the rates or charges become overdue; or a later day decided by the council.\n(sec.125-ssec.2) Interest must be calculated— on daily rests and as compound interest; or in another way the council decides, if an equal or lower amount will be payable.\n(sec.125-ssec.3) The rate of interest payable is— for a day before 1 July 2019—an annual rate, of not more than 11%, decided by the council; or for a day on or after 1 July 2019—an annual rate, of not more than the prescribed rate for the day, decided by the council.\n(sec.125-ssec.4) A decision of the council under this section must— apply equally to all ratepayers; and for a decision under subsection (3) (b) —be made by resolution at the council’s budget meeting for the financial year that includes the day to which the decision relates.\n(sec.125-ssec.5) In this section— bank bill yield rate , for a day, means the monthly average yield of 90-day bank accepted bills published by the Reserve Bank of Australia for the month of March in the financial year immediately before the financial year in which the day occurs. The monthly average yield of 90-day bank accepted bills can be accessed on the Reserve Bank of Australia’s website. prescribed rate , for a day, means the rate that is the sum of— the bank bill yield rate for the day, rounded to 2 decimal places; and 8%.\n- (a) the day the rates or charges become overdue; or\n- (b) a later day decided by the council.\n- (a) on daily rests and as compound interest; or\n- (b) in another way the council decides, if an equal or lower amount will be payable.\n- (a) for a day before 1 July 2019—an annual rate, of not more than 11%, decided by the council; or\n- (b) for a day on or after 1 July 2019—an annual rate, of not more than the prescribed rate for the day, decided by the council.\n- (a) apply equally to all ratepayers; and\n- (b) for a decision under subsection (3) (b) —be made by resolution at the council’s budget meeting for the financial year that includes the day to which the decision relates.\n- (a) the bank bill yield rate for the day, rounded to 2 decimal places; and\n- (b) 8%.","sortOrder":162},{"sectionNumber":"ch.4-pt.12-div.2","sectionType":"division","heading":"Court proceedings for overdue rates or charges","content":"## Court proceedings for overdue rates or charges","sortOrder":163},{"sectionNumber":"sec.126","sectionType":"section","heading":"Court proceedings for overdue rates or charges","content":"### sec.126 Court proceedings for overdue rates or charges\n\nThe council may recover overdue rates or charges by bringing court proceedings for a debt against a person who is liable to pay the overdue rates or charges.\nIf the council does so, but does not recover all of the overdue rates or charges from the person, the council may recover the remaining overdue rates or charges from any other person who is liable to pay the overdue rates or charges (for example, a joint owner).\nIf a court orders a person to pay overdue rates or charges, and the person fails to comply with the court order, the person is not liable to imprisonment for the failure.\n(sec.126-ssec.1) The council may recover overdue rates or charges by bringing court proceedings for a debt against a person who is liable to pay the overdue rates or charges.\n(sec.126-ssec.2) If the council does so, but does not recover all of the overdue rates or charges from the person, the council may recover the remaining overdue rates or charges from any other person who is liable to pay the overdue rates or charges (for example, a joint owner).\n(sec.126-ssec.3) If a court orders a person to pay overdue rates or charges, and the person fails to comply with the court order, the person is not liable to imprisonment for the failure.","sortOrder":164},{"sectionNumber":"sec.127","sectionType":"section","heading":"Selling or acquiring land ends liability for overdue rates or charges","content":"### sec.127 Selling or acquiring land ends liability for overdue rates or charges\n\nIf the council sells or acquires land for overdue rates or charges, the council can not start or continue any court proceedings to recover the overdue rates or charges.","sortOrder":165},{"sectionNumber":"ch.4-pt.12-div.3","sectionType":"division","heading":"Selling or acquiring land for overdue rates or charges","content":"## Selling or acquiring land for overdue rates or charges","sortOrder":166},{"sectionNumber":"sec.128","sectionType":"section","heading":"What div 3 is about","content":"### sec.128 What div 3 is about\n\nThis division is about the power of the council to sell or acquire land for overdue rates or charges.","sortOrder":167},{"sectionNumber":"sec.129","sectionType":"section","heading":"Reference to market value","content":"### sec.129 Reference to market value\n\nA reference in this division to the market value of land includes a reference to the market value of the land and any improvements on the land.\nA written report about the market value of land from a valuer registered under the Valuers Registration Act 1992 who is not a council employee is evidence of the market value of the land.\n(sec.129-ssec.1) A reference in this division to the market value of land includes a reference to the market value of the land and any improvements on the land.\n(sec.129-ssec.2) A written report about the market value of land from a valuer registered under the Valuers Registration Act 1992 who is not a council employee is evidence of the market value of the land.","sortOrder":168},{"sectionNumber":"sec.130","sectionType":"section","heading":"Selling land that is subject to a State encumbrance","content":"### sec.130 Selling land that is subject to a State encumbrance\n\nThis section applies if—\nthe council intends to sell land under this subdivision; and\nthe land is subject to a State encumbrance.\nA State encumbrance is an encumbrance on land that gives the State or a government entity an interest in the land, including, for example—\na mortgage; or\nan interest that arises under a Housing Act contract.\nThe council must give the State or government entity that has the interest in the land under the State encumbrance a notice of the council’s intention to sell the land, before the council sells the land.\nThe council may sell the land only—\nsubject to the State encumbrance; or\nfree of the State encumbrance to the extent, and on any conditions (the sale conditions ), to which the State or government entity agrees.\nIf the land is subject to an interest arising under a Housing Act contract, the council may sell the land free of the interest only if the sale conditions include a condition that the council pays the State an amount for—\nthe State’s interest in the land; and\nany amount that is owing to the State under the contract.\n(sec.130-ssec.1) This section applies if— the council intends to sell land under this subdivision; and the land is subject to a State encumbrance.\n(sec.130-ssec.2) A State encumbrance is an encumbrance on land that gives the State or a government entity an interest in the land, including, for example— a mortgage; or an interest that arises under a Housing Act contract.\n(sec.130-ssec.3) The council must give the State or government entity that has the interest in the land under the State encumbrance a notice of the council’s intention to sell the land, before the council sells the land.\n(sec.130-ssec.4) The council may sell the land only— subject to the State encumbrance; or free of the State encumbrance to the extent, and on any conditions (the sale conditions ), to which the State or government entity agrees.\n(sec.130-ssec.5) If the land is subject to an interest arising under a Housing Act contract, the council may sell the land free of the interest only if the sale conditions include a condition that the council pays the State an amount for— the State’s interest in the land; and any amount that is owing to the State under the contract.\n- (a) the council intends to sell land under this subdivision; and\n- (b) the land is subject to a State encumbrance.\n- (a) a mortgage; or\n- (b) an interest that arises under a Housing Act contract.\n- (a) subject to the State encumbrance; or\n- (b) free of the State encumbrance to the extent, and on any conditions (the sale conditions ), to which the State or government entity agrees.\n- (a) the State’s interest in the land; and\n- (b) any amount that is owing to the State under the contract.","sortOrder":169},{"sectionNumber":"sec.131","sectionType":"section","heading":"Selling land that is subject to other restrictions","content":"### sec.131 Selling land that is subject to other restrictions\n\nThis section applies if—\nthe council intends to sell land under this subdivision; and\nthe land is held on a tenure that requires the holder of the land to have—\nparticular qualifications; or\nthe agreement or permission of a particular government entity.\nThe council may sell the land only to a person who has—\nthe particular qualifications; or\nthe agreement or permission of the government entity.\n(sec.131-ssec.1) This section applies if— the council intends to sell land under this subdivision; and the land is held on a tenure that requires the holder of the land to have— particular qualifications; or the agreement or permission of a particular government entity.\n(sec.131-ssec.2) The council may sell the land only to a person who has— the particular qualifications; or the agreement or permission of the government entity.\n- (a) the council intends to sell land under this subdivision; and\n- (b) the land is held on a tenure that requires the holder of the land to have— (i) particular qualifications; or (ii) the agreement or permission of a particular government entity.\n- (i) particular qualifications; or\n- (ii) the agreement or permission of a particular government entity.\n- (i) particular qualifications; or\n- (ii) the agreement or permission of a particular government entity.\n- (a) the particular qualifications; or\n- (b) the agreement or permission of the government entity.","sortOrder":170},{"sectionNumber":"sec.132","sectionType":"section","heading":"Notice of intention to sell land for overdue rates or charges","content":"### sec.132 Notice of intention to sell land for overdue rates or charges\n\nThis section applies if—\nthere are overdue rates or charges on land; and\nthe liability to pay the overdue rates or charges is not the subject of court proceedings; and\nsome or all of the overdue rates or charges have been overdue for at least—\ngenerally—3 years; or\nif the rates or charges were levied on vacant land or land used only for commercial purposes, and the council has obtained judgment for the overdue rates or charges—1 year; or\nif the rates or charges were levied on a mining claim—3 months.\nThe council may, by resolution, decide to sell the land.\nIf the council does so, the council must, as soon as practicable, give all interested parties a notice of intention to sell the land.\nA notice of intention to sell is a document, signed by the chief executive officer, stating—\nthat the council has, by resolution, decided under this section to sell land for overdue rates or charges; and\nthe day on which the resolution was made; and\nthe terms of the resolution; and\na description of the location and size of the land, as shown in the council’s land record; and\ndetails of the overdue rates or charges for the land, as at the date of the notice, including details of the period for which the rates or charges have been unpaid; and\ndetails of the interest that is owing on the overdue rates or charges, as at the date of the notice, including—\ndetails of the rate at which interest is payable on the rates or charges; and\na description of the way the interest is calculated; and\nthe total amount of overdue rates or charges and the interest, as at the date of the notice; and\na copy, or a general outline, of sections 133 to 136 .\n(sec.132-ssec.1) This section applies if— there are overdue rates or charges on land; and the liability to pay the overdue rates or charges is not the subject of court proceedings; and some or all of the overdue rates or charges have been overdue for at least— generally—3 years; or if the rates or charges were levied on vacant land or land used only for commercial purposes, and the council has obtained judgment for the overdue rates or charges—1 year; or if the rates or charges were levied on a mining claim—3 months.\n(sec.132-ssec.2) The council may, by resolution, decide to sell the land.\n(sec.132-ssec.3) If the council does so, the council must, as soon as practicable, give all interested parties a notice of intention to sell the land.\n(sec.132-ssec.4) A notice of intention to sell is a document, signed by the chief executive officer, stating— that the council has, by resolution, decided under this section to sell land for overdue rates or charges; and the day on which the resolution was made; and the terms of the resolution; and a description of the location and size of the land, as shown in the council’s land record; and details of the overdue rates or charges for the land, as at the date of the notice, including details of the period for which the rates or charges have been unpaid; and details of the interest that is owing on the overdue rates or charges, as at the date of the notice, including— details of the rate at which interest is payable on the rates or charges; and a description of the way the interest is calculated; and the total amount of overdue rates or charges and the interest, as at the date of the notice; and a copy, or a general outline, of sections 133 to 136 .\n- (a) there are overdue rates or charges on land; and\n- (b) the liability to pay the overdue rates or charges is not the subject of court proceedings; and\n- (c) some or all of the overdue rates or charges have been overdue for at least— (i) generally—3 years; or (ii) if the rates or charges were levied on vacant land or land used only for commercial purposes, and the council has obtained judgment for the overdue rates or charges—1 year; or (iii) if the rates or charges were levied on a mining claim—3 months.\n- (i) generally—3 years; or\n- (ii) if the rates or charges were levied on vacant land or land used only for commercial purposes, and the council has obtained judgment for the overdue rates or charges—1 year; or\n- (iii) if the rates or charges were levied on a mining claim—3 months.\n- (i) generally—3 years; or\n- (ii) if the rates or charges were levied on vacant land or land used only for commercial purposes, and the council has obtained judgment for the overdue rates or charges—1 year; or\n- (iii) if the rates or charges were levied on a mining claim—3 months.\n- (a) that the council has, by resolution, decided under this section to sell land for overdue rates or charges; and\n- (b) the day on which the resolution was made; and\n- (c) the terms of the resolution; and\n- (d) a description of the location and size of the land, as shown in the council’s land record; and\n- (e) details of the overdue rates or charges for the land, as at the date of the notice, including details of the period for which the rates or charges have been unpaid; and\n- (f) details of the interest that is owing on the overdue rates or charges, as at the date of the notice, including— (i) details of the rate at which interest is payable on the rates or charges; and (ii) a description of the way the interest is calculated; and\n- (i) details of the rate at which interest is payable on the rates or charges; and\n- (ii) a description of the way the interest is calculated; and\n- (g) the total amount of overdue rates or charges and the interest, as at the date of the notice; and\n- (h) a copy, or a general outline, of sections 133 to 136 .\n- (i) details of the rate at which interest is payable on the rates or charges; and\n- (ii) a description of the way the interest is calculated; and","sortOrder":171},{"sectionNumber":"sec.133","sectionType":"section","heading":"When procedures for selling land must start and end","content":"### sec.133 When procedures for selling land must start and end\n\nThis section applies if—\nthe council decides to sell land under this subdivision for overdue rates and charges and gives the registered owner of the land a notice of intention to sell the land; and\nthe overdue rates or charges are not paid in full within—\ngenerally—3 months after the council gives the notice of intention to sell the land; or\nif the rates or charges were levied on a mining claim—1 month after the council gives the notice of intention to sell the land.\nThe council must start the procedures mentioned in section 134 (4) for selling the land within 6 months after the council gives the notice of intention to sell the land to the registered owner of the land.\nThe council must end the procedures at the earliest of the following—\nthe council is paid—\nthe amount of the overdue rates or charges; and\nall expenses that the council incurs in attempting to sell the land;\nthe land is sold;\n1 year after the notice of intention to sell is given to the registered owner.\nIf the council ends the procedures under subsection (3) (c) , nothing in this section prevents the council from deciding to sell the land again under section 132 (2) .\ns 133 amd 2020 SL No. 244 s 6\n(sec.133-ssec.1) This section applies if— the council decides to sell land under this subdivision for overdue rates and charges and gives the registered owner of the land a notice of intention to sell the land; and the overdue rates or charges are not paid in full within— generally—3 months after the council gives the notice of intention to sell the land; or if the rates or charges were levied on a mining claim—1 month after the council gives the notice of intention to sell the land.\n(sec.133-ssec.2) The council must start the procedures mentioned in section 134 (4) for selling the land within 6 months after the council gives the notice of intention to sell the land to the registered owner of the land.\n(sec.133-ssec.3) The council must end the procedures at the earliest of the following— the council is paid— the amount of the overdue rates or charges; and all expenses that the council incurs in attempting to sell the land; the land is sold; 1 year after the notice of intention to sell is given to the registered owner.\n(sec.133-ssec.4) If the council ends the procedures under subsection (3) (c) , nothing in this section prevents the council from deciding to sell the land again under section 132 (2) .\n- (a) the council decides to sell land under this subdivision for overdue rates and charges and gives the registered owner of the land a notice of intention to sell the land; and\n- (b) the overdue rates or charges are not paid in full within— (i) generally—3 months after the council gives the notice of intention to sell the land; or (ii) if the rates or charges were levied on a mining claim—1 month after the council gives the notice of intention to sell the land.\n- (i) generally—3 months after the council gives the notice of intention to sell the land; or\n- (ii) if the rates or charges were levied on a mining claim—1 month after the council gives the notice of intention to sell the land.\n- (i) generally—3 months after the council gives the notice of intention to sell the land; or\n- (ii) if the rates or charges were levied on a mining claim—1 month after the council gives the notice of intention to sell the land.\n- (a) the council is paid— (i) the amount of the overdue rates or charges; and (ii) all expenses that the council incurs in attempting to sell the land;\n- (i) the amount of the overdue rates or charges; and\n- (ii) all expenses that the council incurs in attempting to sell the land;\n- (b) the land is sold;\n- (c) 1 year after the notice of intention to sell is given to the registered owner.\n- (i) the amount of the overdue rates or charges; and\n- (ii) all expenses that the council incurs in attempting to sell the land;","sortOrder":172},{"sectionNumber":"sec.134","sectionType":"section","heading":"Procedures for selling land","content":"### sec.134 Procedures for selling land\n\nThis section sets out the procedures that the council must follow when selling land for overdue rates or charges.\nThe council must first offer the land for sale by auction.\nThe council must prepare an auction notice.\nAt least 14 days, but not more than 35 days, before the day of the auction, the council must—\ngive a copy of the auction notice to everyone who was given a notice of intention to sell the land; and\npublish the auction notice on the council’s website; and\ndisplay the auction notice in a conspicuous place in the council’s public office, until the day of the auction; and\ndisplay the auction notice in a conspicuous place on the land unless it is not reasonably practicable to do so because the land is in a remote location or difficult to access; and\ntake all reasonable steps to publish the auction notice in another way to notify the public about the sale of the land.\npublish the auction notice in a newspaper that is circulating generally in Brisbane or on a real estate trading website\nHowever, if—\nthe land is a building unit; and\nit is not practicable to display the auction notice in a conspicuous place on the land;\nthe notice may be displayed in a conspicuous part of the common property for the building units.\nIn this section—\nauction notice , for a sale of land by auction, means a written notice stating—\nthe day, time and place of the auction; and\na full description of the land.\ns 134 amd 2020 SL No. 244 s 7\n(sec.134-ssec.1) This section sets out the procedures that the council must follow when selling land for overdue rates or charges.\n(sec.134-ssec.2) The council must first offer the land for sale by auction.\n(sec.134-ssec.3) The council must prepare an auction notice.\n(sec.134-ssec.4) At least 14 days, but not more than 35 days, before the day of the auction, the council must— give a copy of the auction notice to everyone who was given a notice of intention to sell the land; and publish the auction notice on the council’s website; and display the auction notice in a conspicuous place in the council’s public office, until the day of the auction; and display the auction notice in a conspicuous place on the land unless it is not reasonably practicable to do so because the land is in a remote location or difficult to access; and take all reasonable steps to publish the auction notice in another way to notify the public about the sale of the land. publish the auction notice in a newspaper that is circulating generally in Brisbane or on a real estate trading website\n(sec.134-ssec.5) However, if— the land is a building unit; and it is not practicable to display the auction notice in a conspicuous place on the land; the notice may be displayed in a conspicuous part of the common property for the building units.\n(sec.134-ssec.6) In this section— auction notice , for a sale of land by auction, means a written notice stating— the day, time and place of the auction; and a full description of the land.\n- (a) give a copy of the auction notice to everyone who was given a notice of intention to sell the land; and\n- (b) publish the auction notice on the council’s website; and\n- (c) display the auction notice in a conspicuous place in the council’s public office, until the day of the auction; and\n- (d) display the auction notice in a conspicuous place on the land unless it is not reasonably practicable to do so because the land is in a remote location or difficult to access; and\n- (e) take all reasonable steps to publish the auction notice in another way to notify the public about the sale of the land. Examples of other ways to publish the auction notice— publish the auction notice in a newspaper that is circulating generally in Brisbane or on a real estate trading website\n- (a) the land is a building unit; and\n- (b) it is not practicable to display the auction notice in a conspicuous place on the land;\n- (a) the day, time and place of the auction; and\n- (b) a full description of the land.","sortOrder":173},{"sectionNumber":"sec.135","sectionType":"section","heading":"Conduct of auction","content":"### sec.135 Conduct of auction\n\nThe council must set a reserve price for the land at the auction that is at least—\nthe market value of the land; or\nthe higher of the following—\nthe amount of overdue rates or charges on the land;\nthe value of the land.\nIf the reserve price for the land is not reached at the auction, the council may enter into negotiations with any bidder who attended the auction to sell the land by agreement.\nHowever, the price for the land under the agreement must not be less than the reserve price for the land.\ns 135 amd 2020 SL No. 244 s 8\n(sec.135-ssec.1) The council must set a reserve price for the land at the auction that is at least— the market value of the land; or the higher of the following— the amount of overdue rates or charges on the land; the value of the land.\n(sec.135-ssec.2) If the reserve price for the land is not reached at the auction, the council may enter into negotiations with any bidder who attended the auction to sell the land by agreement.\n(sec.135-ssec.3) However, the price for the land under the agreement must not be less than the reserve price for the land.\n- (a) the market value of the land; or\n- (b) the higher of the following— (i) the amount of overdue rates or charges on the land; (ii) the value of the land.\n- (i) the amount of overdue rates or charges on the land;\n- (ii) the value of the land.\n- (i) the amount of overdue rates or charges on the land;\n- (ii) the value of the land.","sortOrder":174},{"sectionNumber":"sec.136","sectionType":"section","heading":"Procedures for selling land by another auction or negotiation","content":"### sec.136 Procedures for selling land by another auction or negotiation\n\nThe council may, after the day of the auction, decide to continue to offer the land for sale by another auction, or sale by negotiation, under this section.\nThe council must end any negotiations entered into under section 135 (2) when it makes a decision under subsection (1) .\nSections 134 (3) to (5) and 135 apply to the preparation and conduct of any subsequent sale by auction under this section.\nThe council must prepare a sales notice if it decides to offer the land for sale by negotiation under this section.\nThe council must—\ngive a copy of the sales notice to each interested party who was given a notice of intention to sell the land; and\npublish the sales notice on the council’s website; and\ndisplay the sales notice in a conspicuous place in the council’s public office; and\ndisplay the sales notice in a conspicuous place on the land unless it is not reasonably practicable to do so because the land is in a remote location or difficult to access; and\ntake all reasonable steps to publish the sales notice in another way to notify the public about the sale of the land.\npublish the sales notice in a newspaper that is circulating generally in Brisbane or on a real estate trading website\nHowever, if—\nthe land is a building unit; and\nit is not practicable to display the sales notice in a conspicuous place on the land;\nthe notice may be displayed in a conspicuous part of the common property for the building units.\nThe council must ensure that the price for land offered for sale by negotiation under this section is at least—\nthe market value of the land; or\nthe higher of the following—\nthe amount of overdue rates or charges on the land;\nthe value of the land.\nIn this section—\nsales notice , for a sale of land by negotiation, means a written notice stating—\nthe land is for sale by negotiation; and\na full description of the land.\ns 136 sub 2020 SL No. 244 s 9\n(sec.136-ssec.1) The council may, after the day of the auction, decide to continue to offer the land for sale by another auction, or sale by negotiation, under this section.\n(sec.136-ssec.2) The council must end any negotiations entered into under section 135 (2) when it makes a decision under subsection (1) .\n(sec.136-ssec.3) Sections 134 (3) to (5) and 135 apply to the preparation and conduct of any subsequent sale by auction under this section.\n(sec.136-ssec.4) The council must prepare a sales notice if it decides to offer the land for sale by negotiation under this section.\n(sec.136-ssec.5) The council must— give a copy of the sales notice to each interested party who was given a notice of intention to sell the land; and publish the sales notice on the council’s website; and display the sales notice in a conspicuous place in the council’s public office; and display the sales notice in a conspicuous place on the land unless it is not reasonably practicable to do so because the land is in a remote location or difficult to access; and take all reasonable steps to publish the sales notice in another way to notify the public about the sale of the land. publish the sales notice in a newspaper that is circulating generally in Brisbane or on a real estate trading website\n(sec.136-ssec.6) However, if— the land is a building unit; and it is not practicable to display the sales notice in a conspicuous place on the land; the notice may be displayed in a conspicuous part of the common property for the building units.\n(sec.136-ssec.7) The council must ensure that the price for land offered for sale by negotiation under this section is at least— the market value of the land; or the higher of the following— the amount of overdue rates or charges on the land; the value of the land.\n(sec.136-ssec.8) In this section— sales notice , for a sale of land by negotiation, means a written notice stating— the land is for sale by negotiation; and a full description of the land.\n- (a) give a copy of the sales notice to each interested party who was given a notice of intention to sell the land; and\n- (b) publish the sales notice on the council’s website; and\n- (c) display the sales notice in a conspicuous place in the council’s public office; and\n- (d) display the sales notice in a conspicuous place on the land unless it is not reasonably practicable to do so because the land is in a remote location or difficult to access; and\n- (e) take all reasonable steps to publish the sales notice in another way to notify the public about the sale of the land. Examples of other ways to publish the sales notice— publish the sales notice in a newspaper that is circulating generally in Brisbane or on a real estate trading website\n- (a) the land is a building unit; and\n- (b) it is not practicable to display the sales notice in a conspicuous place on the land;\n- (a) the market value of the land; or\n- (b) the higher of the following— (i) the amount of overdue rates or charges on the land; (ii) the value of the land.\n- (i) the amount of overdue rates or charges on the land;\n- (ii) the value of the land.\n- (i) the amount of overdue rates or charges on the land;\n- (ii) the value of the land.\n- (a) the land is for sale by negotiation; and\n- (b) a full description of the land.","sortOrder":175},{"sectionNumber":"sec.137","sectionType":"section","heading":"Procedures after sale of land","content":"### sec.137 Procedures after sale of land\n\nThis section applies if land is sold under this subdivision.\nThe council must give the registrar of titles an appropriate form stating—\nthat the land has been sold under this subdivision; and\nthe full description of the land; and\nthe full name and address of the purchaser of the land; and\nthe purchase price of the land.\nAn appropriate form is a form approved by the registrar of titles for lodgement in the land registry to record the transfer of land to a purchaser.\nAfter receiving the appropriate form, the registrar of titles must register the transfer of the interest of the registered owner to the purchaser free of all encumbrances.\nThe registrar of titles may register the transfer even though the appropriate form is not accompanied by the instrument of title for the land.\nAlso, the registrar of titles—\nneed not inquire whether the council has complied with this subdivision; and\nis not affected by actual or constructive notice of any failure by the council to comply with this subdivision.\ns 137 amd 2020 SL No. 244 s 10\n(sec.137-ssec.1) This section applies if land is sold under this subdivision.\n(sec.137-ssec.2) The council must give the registrar of titles an appropriate form stating— that the land has been sold under this subdivision; and the full description of the land; and the full name and address of the purchaser of the land; and the purchase price of the land.\n(sec.137-ssec.3) An appropriate form is a form approved by the registrar of titles for lodgement in the land registry to record the transfer of land to a purchaser.\n(sec.137-ssec.4) After receiving the appropriate form, the registrar of titles must register the transfer of the interest of the registered owner to the purchaser free of all encumbrances.\n(sec.137-ssec.5) The registrar of titles may register the transfer even though the appropriate form is not accompanied by the instrument of title for the land.\n(sec.137-ssec.6) Also, the registrar of titles— need not inquire whether the council has complied with this subdivision; and is not affected by actual or constructive notice of any failure by the council to comply with this subdivision.\n- (a) that the land has been sold under this subdivision; and\n- (b) the full description of the land; and\n- (c) the full name and address of the purchaser of the land; and\n- (d) the purchase price of the land.\n- (a) need not inquire whether the council has complied with this subdivision; and\n- (b) is not affected by actual or constructive notice of any failure by the council to comply with this subdivision.","sortOrder":176},{"sectionNumber":"sec.138","sectionType":"section","heading":"Application of proceeds of sale","content":"### sec.138 Application of proceeds of sale\n\nThe council must use the proceeds of the sale of the land in the following order—\nto pay any amount agreed for the release of a State encumbrance under section 130 (4) (b) or (5) ;\nto pay the expenses of the sale;\nadministrative costs incurred by the council\nto pay land tax owing on the day of sale;\nto pay the overdue rates or charges for the land;\nto pay any other amounts relating to the land that the owner of the land owed the council immediately before the sale;\nto pay any rates or charges, other than overdue rates or charges, for the land;\nto pay any registered encumbrances, other than State encumbrances, in order of their priority under the Land Title Act ;\nto pay any body corporate fees that the owner of the land owed immediately before the sale;\nto pay the person who owned the land immediately before the sale.\nIf any of the proceeds of sale remain unclaimed after 2 years, the council must pay the proceeds to the public trustee as unclaimed money.\ns 138 amd 2013 SL No. 16 s 3\n(sec.138-ssec.1) The council must use the proceeds of the sale of the land in the following order— to pay any amount agreed for the release of a State encumbrance under section 130 (4) (b) or (5) ; to pay the expenses of the sale; administrative costs incurred by the council to pay land tax owing on the day of sale; to pay the overdue rates or charges for the land; to pay any other amounts relating to the land that the owner of the land owed the council immediately before the sale; to pay any rates or charges, other than overdue rates or charges, for the land; to pay any registered encumbrances, other than State encumbrances, in order of their priority under the Land Title Act ; to pay any body corporate fees that the owner of the land owed immediately before the sale; to pay the person who owned the land immediately before the sale.\n(sec.138-ssec.2) If any of the proceeds of sale remain unclaimed after 2 years, the council must pay the proceeds to the public trustee as unclaimed money.\n- (a) to pay any amount agreed for the release of a State encumbrance under section 130 (4) (b) or (5) ;\n- (b) to pay the expenses of the sale; Example of expenses of the sale— administrative costs incurred by the council\n- (c) to pay land tax owing on the day of sale;\n- (d) to pay the overdue rates or charges for the land;\n- (e) to pay any other amounts relating to the land that the owner of the land owed the council immediately before the sale;\n- (f) to pay any rates or charges, other than overdue rates or charges, for the land;\n- (g) to pay any registered encumbrances, other than State encumbrances, in order of their priority under the Land Title Act ;\n- (h) to pay any body corporate fees that the owner of the land owed immediately before the sale;\n- (i) to pay the person who owned the land immediately before the sale.","sortOrder":177},{"sectionNumber":"sec.139","sectionType":"section","heading":"Council’s failure to comply with this subdivision","content":"### sec.139 Council’s failure to comply with this subdivision\n\nThis section applies if the council fails to comply with this subdivision.\nNo person may make a claim against an indemnity fund that is administered by the State for—\nany dealing with the land under this subdivision; or\nthe registration of an interest in the land under this subdivision.\nHowever, this section does not protect—\nthe council from liability for any loss that is caused by the council’s failure to comply with this subdivision; or\na person who commits fraud or wilful default from liability for any loss that is caused by the person’s fraud or wilful default.\n(sec.139-ssec.1) This section applies if the council fails to comply with this subdivision.\n(sec.139-ssec.2) No person may make a claim against an indemnity fund that is administered by the State for— any dealing with the land under this subdivision; or the registration of an interest in the land under this subdivision.\n(sec.139-ssec.3) However, this section does not protect— the council from liability for any loss that is caused by the council’s failure to comply with this subdivision; or a person who commits fraud or wilful default from liability for any loss that is caused by the person’s fraud or wilful default.\n- (a) any dealing with the land under this subdivision; or\n- (b) the registration of an interest in the land under this subdivision.\n- (a) the council from liability for any loss that is caused by the council’s failure to comply with this subdivision; or\n- (b) a person who commits fraud or wilful default from liability for any loss that is caused by the person’s fraud or wilful default.","sortOrder":178},{"sectionNumber":"sec.140","sectionType":"section","heading":"Application of sdiv 3","content":"### sec.140 Application of sdiv 3\n\nThis subdivision applies if—\nthere are overdue rates or charges on land in Brisbane; and\nthe liability to pay the overdue rates or charges is not the subject of court proceedings; and\nsome of the overdue rates or charges have been overdue for at least 3 years; and\nthe person who is liable to pay the overdue rates or charges has an interest in the land that a corporation is not prohibited from holding (for example, a life interest in land); and\neither of the following applies—\nthe total amount of the overdue rates or charges is more than the value of the land and the land is considered to be—\nvalueless; or\nof so little value that, if it were sold, the proceeds of the sale would be less than the amount of the overdue rates or charges;\nthe total amount of the overdue rates or charges is more than the market value of the land.\n- (a) there are overdue rates or charges on land in Brisbane; and\n- (b) the liability to pay the overdue rates or charges is not the subject of court proceedings; and\n- (c) some of the overdue rates or charges have been overdue for at least 3 years; and\n- (d) the person who is liable to pay the overdue rates or charges has an interest in the land that a corporation is not prohibited from holding (for example, a life interest in land); and\n- (e) either of the following applies— (i) the total amount of the overdue rates or charges is more than the value of the land and the land is considered to be— (A) valueless; or (B) of so little value that, if it were sold, the proceeds of the sale would be less than the amount of the overdue rates or charges; (ii) the total amount of the overdue rates or charges is more than the market value of the land.\n- (i) the total amount of the overdue rates or charges is more than the value of the land and the land is considered to be— (A) valueless; or (B) of so little value that, if it were sold, the proceeds of the sale would be less than the amount of the overdue rates or charges;\n- (A) valueless; or\n- (B) of so little value that, if it were sold, the proceeds of the sale would be less than the amount of the overdue rates or charges;\n- (ii) the total amount of the overdue rates or charges is more than the market value of the land.\n- (i) the total amount of the overdue rates or charges is more than the value of the land and the land is considered to be— (A) valueless; or (B) of so little value that, if it were sold, the proceeds of the sale would be less than the amount of the overdue rates or charges;\n- (A) valueless; or\n- (B) of so little value that, if it were sold, the proceeds of the sale would be less than the amount of the overdue rates or charges;\n- (ii) the total amount of the overdue rates or charges is more than the market value of the land.\n- (A) valueless; or\n- (B) of so little value that, if it were sold, the proceeds of the sale would be less than the amount of the overdue rates or charges;","sortOrder":179},{"sectionNumber":"sec.141","sectionType":"section","heading":"Requirements for notice of intention to acquire land","content":"### sec.141 Requirements for notice of intention to acquire land\n\nThe council may, by resolution, decide to acquire the land.\nIf the council does so, the council must, as soon as practicable, give all interested parties a notice of intention to acquire the land.\nA notice of intention to acquire is a document, signed by the chief executive officer, stating—\nthat the council has, by resolution, decided to acquire land for overdue rates or charges, under this section; and\nthe day on which the resolution was made; and\nthe terms of the resolution; and\na description of the location and size of the land, as shown in the council’s land record; and\ndetails of the overdue rates or charges for the land, as at the date of the notice, including details of the period for which the rates or charges are unpaid; and\ndetails of the interest that is owing on the overdue rates or charges, as at the date of the notice, including—\ndetails of the rate at which interest is accruing; and\na description of the way that the interest is calculated; and\nthe total amount of the overdue rates or charges and the interest, as at the date of the notice; and\na copy, or general outline, of this section and sections 142 and 143 .\n(sec.141-ssec.1) The council may, by resolution, decide to acquire the land.\n(sec.141-ssec.2) If the council does so, the council must, as soon as practicable, give all interested parties a notice of intention to acquire the land.\n(sec.141-ssec.3) A notice of intention to acquire is a document, signed by the chief executive officer, stating— that the council has, by resolution, decided to acquire land for overdue rates or charges, under this section; and the day on which the resolution was made; and the terms of the resolution; and a description of the location and size of the land, as shown in the council’s land record; and details of the overdue rates or charges for the land, as at the date of the notice, including details of the period for which the rates or charges are unpaid; and details of the interest that is owing on the overdue rates or charges, as at the date of the notice, including— details of the rate at which interest is accruing; and a description of the way that the interest is calculated; and the total amount of the overdue rates or charges and the interest, as at the date of the notice; and a copy, or general outline, of this section and sections 142 and 143 .\n- (a) that the council has, by resolution, decided to acquire land for overdue rates or charges, under this section; and\n- (b) the day on which the resolution was made; and\n- (c) the terms of the resolution; and\n- (d) a description of the location and size of the land, as shown in the council’s land record; and\n- (e) details of the overdue rates or charges for the land, as at the date of the notice, including details of the period for which the rates or charges are unpaid; and\n- (f) details of the interest that is owing on the overdue rates or charges, as at the date of the notice, including— (i) details of the rate at which interest is accruing; and (ii) a description of the way that the interest is calculated; and\n- (i) details of the rate at which interest is accruing; and\n- (ii) a description of the way that the interest is calculated; and\n- (g) the total amount of the overdue rates or charges and the interest, as at the date of the notice; and\n- (h) a copy, or general outline, of this section and sections 142 and 143 .\n- (i) details of the rate at which interest is accruing; and\n- (ii) a description of the way that the interest is calculated; and","sortOrder":180},{"sectionNumber":"sec.142","sectionType":"section","heading":"Time to start procedures to acquire","content":"### sec.142 Time to start procedures to acquire\n\nThis section applies if—\nthe council gives, under section 141 , a notice of intention to acquire land for overdue rates or charges; and\nthe overdue rates or charges are not paid in full within 6 months after the council gives the notice of intention to acquire the land.\nThe council may start the procedures for acquiring the land.\nHowever, the council must end the procedures for acquiring the land if the council is paid—\nthe amount of the overdue rates or charges; and\nall expenses that the council incurs in attempting to acquire the land.\n(sec.142-ssec.1) This section applies if— the council gives, under section 141 , a notice of intention to acquire land for overdue rates or charges; and the overdue rates or charges are not paid in full within 6 months after the council gives the notice of intention to acquire the land.\n(sec.142-ssec.2) The council may start the procedures for acquiring the land.\n(sec.142-ssec.3) However, the council must end the procedures for acquiring the land if the council is paid— the amount of the overdue rates or charges; and all expenses that the council incurs in attempting to acquire the land.\n- (a) the council gives, under section 141 , a notice of intention to acquire land for overdue rates or charges; and\n- (b) the overdue rates or charges are not paid in full within 6 months after the council gives the notice of intention to acquire the land.\n- (a) the amount of the overdue rates or charges; and\n- (b) all expenses that the council incurs in attempting to acquire the land.","sortOrder":181},{"sectionNumber":"sec.143","sectionType":"section","heading":"Acquisition procedures","content":"### sec.143 Acquisition procedures\n\nThis section sets out the procedures that the council must follow when acquiring land for overdue rates or charges.\nThe council must—\ndischarge the overdue rates or charges payable for the land; and\ngive the registrar of titles a request, in the appropriate form, to record the council as the registered owner of the land.\nAfter receiving the request, the registrar of titles must record the council as the registered owner of the land free of all encumbrances other than any State encumbrances.\nThe registrar of titles—\nmay record the council as the registered owner of the land even if the request is not accompanied by the instrument of title for the land; and\nneed not inquire whether the council has complied with this subdivision; and\nis not affected by actual or constructive notice of any failure by the council to comply with this subdivision.\nWhen the registrar of titles has recorded the council as the registered owner of the land, the council must remove the reference to the land from the land record.\nIn this section—\nappropriate form see the Land Title Act , schedule 2 .\n(sec.143-ssec.1) This section sets out the procedures that the council must follow when acquiring land for overdue rates or charges.\n(sec.143-ssec.2) The council must— discharge the overdue rates or charges payable for the land; and give the registrar of titles a request, in the appropriate form, to record the council as the registered owner of the land.\n(sec.143-ssec.3) After receiving the request, the registrar of titles must record the council as the registered owner of the land free of all encumbrances other than any State encumbrances.\n(sec.143-ssec.4) The registrar of titles— may record the council as the registered owner of the land even if the request is not accompanied by the instrument of title for the land; and need not inquire whether the council has complied with this subdivision; and is not affected by actual or constructive notice of any failure by the council to comply with this subdivision.\n(sec.143-ssec.5) When the registrar of titles has recorded the council as the registered owner of the land, the council must remove the reference to the land from the land record.\n(sec.143-ssec.6) In this section— appropriate form see the Land Title Act , schedule 2 .\n- (a) discharge the overdue rates or charges payable for the land; and\n- (b) give the registrar of titles a request, in the appropriate form, to record the council as the registered owner of the land.\n- (a) may record the council as the registered owner of the land even if the request is not accompanied by the instrument of title for the land; and\n- (b) need not inquire whether the council has complied with this subdivision; and\n- (c) is not affected by actual or constructive notice of any failure by the council to comply with this subdivision.","sortOrder":182},{"sectionNumber":"ch.4-pt.12-div.4","sectionType":"division","heading":"State pays overdue rates or charges","content":"## State pays overdue rates or charges","sortOrder":183},{"sectionNumber":"sec.144","sectionType":"section","heading":"Satisfaction on termination of tenure","content":"### sec.144 Satisfaction on termination of tenure\n\nThis section applies if—\nthe council is owed rates or charges on land; and\nthe tenure of a holding is terminated for all or part of the land; and\nthe State receives an amount from an incoming holder of all or part of the land.\nAfter retaining any amount owing to the State, the State may pay the council an amount for the rates or charges.\n(sec.144-ssec.1) This section applies if— the council is owed rates or charges on land; and the tenure of a holding is terminated for all or part of the land; and the State receives an amount from an incoming holder of all or part of the land.\n(sec.144-ssec.2) After retaining any amount owing to the State, the State may pay the council an amount for the rates or charges.\n- (a) the council is owed rates or charges on land; and\n- (b) the tenure of a holding is terminated for all or part of the land; and\n- (c) the State receives an amount from an incoming holder of all or part of the land.","sortOrder":184},{"sectionNumber":"ch.4-pt.13","sectionType":"part","heading":"The council’s land record","content":"# The council’s land record","sortOrder":185},{"sectionNumber":"ch.4-pt.13-div.1","sectionType":"division","heading":"Land record","content":"## Land record","sortOrder":186},{"sectionNumber":"sec.145","sectionType":"section","heading":"What pt 13 is about","content":"### sec.145 What pt 13 is about\n\nThis part is about the council’s land record.\nThe council uses a land record to identify who is responsible for paying rates or charges for land.\n(sec.145-ssec.1) This part is about the council’s land record.\n(sec.145-ssec.2) The council uses a land record to identify who is responsible for paying rates or charges for land.","sortOrder":187},{"sectionNumber":"sec.146","sectionType":"section","heading":"Land record to be kept","content":"### sec.146 Land record to be kept\n\nThe council must keep a land record.\nA land record contains the following information for each parcel of rateable land in its area—\nthe name and postal address of the owner of the land;\na description of the land, including its location and size;\nits value and the day of effect of the relevant valuation under the Land Valuation Act ;\ninformation about rates or charges for the land, including about the following—\nthe type and amounts of rates or charges levied on the land;\nif differential general rates are levied—the rating category of the land;\nthe date of each levy and the due date for payment;\nthe period for which the rates or charges are levied;\nthe financial year to which the rates or charges apply;\nconcessions granted or discounts given for payment of rates or charges;\npayment of rates or charges by instalments;\nany overdue rates or charges, accrued interest on overdue rates or charges and the interest rate applying to overdue rates or charges;\nthe date when rates or charges are paid;\nany other information that the council considers appropriate.\n(sec.146-ssec.1) The council must keep a land record.\n(sec.146-ssec.2) A land record contains the following information for each parcel of rateable land in its area— the name and postal address of the owner of the land; a description of the land, including its location and size; its value and the day of effect of the relevant valuation under the Land Valuation Act ; information about rates or charges for the land, including about the following— the type and amounts of rates or charges levied on the land; if differential general rates are levied—the rating category of the land; the date of each levy and the due date for payment; the period for which the rates or charges are levied; the financial year to which the rates or charges apply; concessions granted or discounts given for payment of rates or charges; payment of rates or charges by instalments; any overdue rates or charges, accrued interest on overdue rates or charges and the interest rate applying to overdue rates or charges; the date when rates or charges are paid; any other information that the council considers appropriate.\n- (a) the name and postal address of the owner of the land;\n- (b) a description of the land, including its location and size;\n- (c) its value and the day of effect of the relevant valuation under the Land Valuation Act ;\n- (d) information about rates or charges for the land, including about the following— (i) the type and amounts of rates or charges levied on the land; (ii) if differential general rates are levied—the rating category of the land; (iii) the date of each levy and the due date for payment; (iv) the period for which the rates or charges are levied; (v) the financial year to which the rates or charges apply; (vi) concessions granted or discounts given for payment of rates or charges; (vii) payment of rates or charges by instalments; (viii) any overdue rates or charges, accrued interest on overdue rates or charges and the interest rate applying to overdue rates or charges; (ix) the date when rates or charges are paid;\n- (i) the type and amounts of rates or charges levied on the land;\n- (ii) if differential general rates are levied—the rating category of the land;\n- (iii) the date of each levy and the due date for payment;\n- (iv) the period for which the rates or charges are levied;\n- (v) the financial year to which the rates or charges apply;\n- (vi) concessions granted or discounts given for payment of rates or charges;\n- (vii) payment of rates or charges by instalments;\n- (viii) any overdue rates or charges, accrued interest on overdue rates or charges and the interest rate applying to overdue rates or charges;\n- (ix) the date when rates or charges are paid;\n- (e) any other information that the council considers appropriate.\n- (i) the type and amounts of rates or charges levied on the land;\n- (ii) if differential general rates are levied—the rating category of the land;\n- (iii) the date of each levy and the due date for payment;\n- (iv) the period for which the rates or charges are levied;\n- (v) the financial year to which the rates or charges apply;\n- (vi) concessions granted or discounts given for payment of rates or charges;\n- (vii) payment of rates or charges by instalments;\n- (viii) any overdue rates or charges, accrued interest on overdue rates or charges and the interest rate applying to overdue rates or charges;\n- (ix) the date when rates or charges are paid;","sortOrder":188},{"sectionNumber":"sec.147","sectionType":"section","heading":"Public may inspect land record","content":"### sec.147 Public may inspect land record\n\nThe public may, on payment of the reasonable fee decided by the council, inspect the land record kept by the council.\nHowever, the following persons may inspect particulars of land in the land record free of charge—\nan owner, lessee or occupier of—\nthe land; or\nadjoining land;\nthe agent of an owner, lessee or occupier of—\nthe land; or\nadjoining land.\nThe agent must produce, to the council, written evidence of the agent’s appointment.\nThe council may—\nprovide a person with access to an electronic or paper copy of the land record or part of the land record; or\ngive a person an electronic or paper copy of the land record or part of the land record, including, for example, by sending it by post, email or facsimile.\nThe council must not include a person’s name and address for service in the land record when it is open to inspection if—\nthe council has been given a notice about the person under the Land Valuation Act , section 204 ; and\nthe relevant suppression direction under that Act is still in effect.\n(sec.147-ssec.1) The public may, on payment of the reasonable fee decided by the council, inspect the land record kept by the council.\n(sec.147-ssec.2) However, the following persons may inspect particulars of land in the land record free of charge— an owner, lessee or occupier of— the land; or adjoining land; the agent of an owner, lessee or occupier of— the land; or adjoining land.\n(sec.147-ssec.3) The agent must produce, to the council, written evidence of the agent’s appointment.\n(sec.147-ssec.4) The council may— provide a person with access to an electronic or paper copy of the land record or part of the land record; or give a person an electronic or paper copy of the land record or part of the land record, including, for example, by sending it by post, email or facsimile.\n(sec.147-ssec.5) The council must not include a person’s name and address for service in the land record when it is open to inspection if— the council has been given a notice about the person under the Land Valuation Act , section 204 ; and the relevant suppression direction under that Act is still in effect.\n- (a) an owner, lessee or occupier of— (i) the land; or (ii) adjoining land;\n- (i) the land; or\n- (ii) adjoining land;\n- (b) the agent of an owner, lessee or occupier of— (i) the land; or (ii) adjoining land.\n- (i) the land; or\n- (ii) adjoining land.\n- (i) the land; or\n- (ii) adjoining land;\n- (i) the land; or\n- (ii) adjoining land.\n- (a) provide a person with access to an electronic or paper copy of the land record or part of the land record; or\n- (b) give a person an electronic or paper copy of the land record or part of the land record, including, for example, by sending it by post, email or facsimile.\n- (a) the council has been given a notice about the person under the Land Valuation Act , section 204 ; and\n- (b) the relevant suppression direction under that Act is still in effect.","sortOrder":189},{"sectionNumber":"sec.148","sectionType":"section","heading":"Amending land record","content":"### sec.148 Amending land record\n\nThe chief executive officer must ensure the particulars contained in the land record are amended whenever necessary to ensure the land record is correct and up to date.\nIf an amendment of the land record changes the rates or charges that are or may be levied on land, the chief executive officer must, as soon as practicable, give the ratepayer an information notice about the amendment.\nAn information notice is a notice that states the following matters—\nthe amendment of the land record and how the amendment changes the rates or charges that are or may be levied on land;\nthe reasons for the amendment of the land record;\nthe ratepayer has a right to have the amendment of the land record reviewed by QCAT;\nhow, and the period within which, the ratepayer may apply for the review;\nany right the ratepayer has to have the operation of the decision stayed under the QCAT Act , section 22 .\nSubsection (2) does not apply to an amendment of the land record that is made because of an annual valuation of all rateable land in Brisbane by the valuation authority.\n(sec.148-ssec.1) The chief executive officer must ensure the particulars contained in the land record are amended whenever necessary to ensure the land record is correct and up to date.\n(sec.148-ssec.2) If an amendment of the land record changes the rates or charges that are or may be levied on land, the chief executive officer must, as soon as practicable, give the ratepayer an information notice about the amendment.\n(sec.148-ssec.3) An information notice is a notice that states the following matters— the amendment of the land record and how the amendment changes the rates or charges that are or may be levied on land; the reasons for the amendment of the land record; the ratepayer has a right to have the amendment of the land record reviewed by QCAT; how, and the period within which, the ratepayer may apply for the review; any right the ratepayer has to have the operation of the decision stayed under the QCAT Act , section 22 .\n(sec.148-ssec.4) Subsection (2) does not apply to an amendment of the land record that is made because of an annual valuation of all rateable land in Brisbane by the valuation authority.\n- (a) the amendment of the land record and how the amendment changes the rates or charges that are or may be levied on land;\n- (b) the reasons for the amendment of the land record;\n- (c) the ratepayer has a right to have the amendment of the land record reviewed by QCAT;\n- (d) how, and the period within which, the ratepayer may apply for the review;\n- (e) any right the ratepayer has to have the operation of the decision stayed under the QCAT Act , section 22 .","sortOrder":190},{"sectionNumber":"sec.149","sectionType":"section","heading":"Evidence of land record","content":"### sec.149 Evidence of land record\n\nIn any court proceedings in which the liability for rates or charges is relevant, a certified extract of the land record is evidence that—\nthe valuation recorded in the extract was properly made; and\nthe information about the rates or charges recorded in the extract is correct; and\nthe person recorded in the extract as the owner of the land is liable to pay the rates or charges levied on the land.\nIn this section—\nA certified extract is a document that—\npurports to be a copy of an entry in the land record; and\nis certified by the chief executive officer to be a true copy of the entry in the land record.\n(sec.149-ssec.1) In any court proceedings in which the liability for rates or charges is relevant, a certified extract of the land record is evidence that— the valuation recorded in the extract was properly made; and the information about the rates or charges recorded in the extract is correct; and the person recorded in the extract as the owner of the land is liable to pay the rates or charges levied on the land.\n(sec.149-ssec.2) In this section— A certified extract is a document that— purports to be a copy of an entry in the land record; and is certified by the chief executive officer to be a true copy of the entry in the land record.\n- (a) the valuation recorded in the extract was properly made; and\n- (b) the information about the rates or charges recorded in the extract is correct; and\n- (c) the person recorded in the extract as the owner of the land is liable to pay the rates or charges levied on the land.\n- (a) purports to be a copy of an entry in the land record; and\n- (b) is certified by the chief executive officer to be a true copy of the entry in the land record.","sortOrder":191},{"sectionNumber":"ch.4-pt.13-div.2","sectionType":"division","heading":"Review of decisions by QCAT to amend land record","content":"## Review of decisions by QCAT to amend land record","sortOrder":192},{"sectionNumber":"sec.150","sectionType":"section","heading":"Who may apply for review","content":"### sec.150 Who may apply for review\n\nA person dissatisfied with an amendment of a land record, other than a removal of land that has been acquired by the council, may apply, as provided under the QCAT Act , to QCAT for a review of the amendment.","sortOrder":193},{"sectionNumber":"sec.151","sectionType":"section","heading":"Powers of QCAT on review","content":"### sec.151 Powers of QCAT on review\n\nIn deciding the review, QCAT may—\nconfirm the amendment; or\nset aside the amendment and order the particulars previously contained in the land record be restored.\n- (a) confirm the amendment; or\n- (b) set aside the amendment and order the particulars previously contained in the land record be restored.","sortOrder":194},{"sectionNumber":"ch.4-pt.13-div.3","sectionType":"division","heading":"Change in ownership of land","content":"## Change in ownership of land","sortOrder":195},{"sectionNumber":"sec.152","sectionType":"section","heading":"Definitions for div 3","content":"### sec.152 Definitions for div 3\n\nIn this division—\nchange of owner notice , for land, means a document stating—\nthe description of the land; and\nthe date the owner of the land changed; and\nthe reason the owner changed, including, for example, because the land has been sold; and\nthe full name and address of the previous owner of the land; and\nthe full name and address of the new owner of the land.\nnew owner , of land, means the person who owns the land immediately after the owner of the land changes.\nprevious owner , of land, means the person who owned the land immediately before the owner of the land changed.\n- (a) the description of the land; and\n- (b) the date the owner of the land changed; and\n- (c) the reason the owner changed, including, for example, because the land has been sold; and\n- (d) the full name and address of the previous owner of the land; and\n- (e) the full name and address of the new owner of the land.","sortOrder":196},{"sectionNumber":"sec.153","sectionType":"section","heading":"Notice of change of owner of land for sale or other ownership changes for land","content":"### sec.153 Notice of change of owner of land for sale or other ownership changes for land\n\nThis section applies if the owner of land changes—\nbecause the land is sold; or\nfor another reason, including, for example, if the land, or an entitlement to occupy the land, is forfeited or surrendered to the State.\nThe new owner of the land must give the council notice of the change of owner within 30 days after the change, unless the new owner has a reasonable excuse.\nMaximum penalty—5 penalty units.\nThe new owner may comply with subsection (2) by giving the following documents to the registrar of titles—\na properly completed combined form for the change of owner of the land;\nthe instrument of transfer of the land.\nHowever, subsection (2) does not prevent the previous owner of the land giving the council the notice about the change of owner for the land.\nIn this section—\ncombined form means a form that—\ngives information required by this section; and\nmay be given to the registrar of titles.\n(sec.153-ssec.1) This section applies if the owner of land changes— because the land is sold; or for another reason, including, for example, if the land, or an entitlement to occupy the land, is forfeited or surrendered to the State.\n(sec.153-ssec.2) The new owner of the land must give the council notice of the change of owner within 30 days after the change, unless the new owner has a reasonable excuse. Maximum penalty—5 penalty units.\n(sec.153-ssec.3) The new owner may comply with subsection (2) by giving the following documents to the registrar of titles— a properly completed combined form for the change of owner of the land; the instrument of transfer of the land.\n(sec.153-ssec.4) However, subsection (2) does not prevent the previous owner of the land giving the council the notice about the change of owner for the land.\n(sec.153-ssec.5) In this section— combined form means a form that— gives information required by this section; and may be given to the registrar of titles.\n- (a) because the land is sold; or\n- (b) for another reason, including, for example, if the land, or an entitlement to occupy the land, is forfeited or surrendered to the State.\n- (a) a properly completed combined form for the change of owner of the land;\n- (b) the instrument of transfer of the land.\n- (a) gives information required by this section; and\n- (b) may be given to the registrar of titles.","sortOrder":197},{"sectionNumber":"sec.154","sectionType":"section","heading":"Council to record change of owner","content":"### sec.154 Council to record change of owner\n\nIf the council receives a change of owner notice under this division, it must record the details of the new owner in the land record unless the council has reason to believe that the notice is false.","sortOrder":198},{"sectionNumber":"sec.155","sectionType":"section","heading":"Previous owner can continue to be liable to pay rates or charges","content":"### sec.155 Previous owner can continue to be liable to pay rates or charges\n\nIf the council does not receive a change of owner notice under this division, the previous owner of the land continues to be liable to pay all rates or charges on the land, including interest on overdue rates or charges, if any, until—\nthe change of owner notice is given under this division; or\nthe council otherwise records the details of the new owner in the land record.\n- (a) the change of owner notice is given under this division; or\n- (b) the council otherwise records the details of the new owner in the land record.","sortOrder":199},{"sectionNumber":"ch.5-pt.1","sectionType":"part","heading":"General matters about financial management systems","content":"# General matters about financial management systems","sortOrder":200},{"sectionNumber":"sec.156","sectionType":"section","heading":"Requirement to keep record of particular matters","content":"### sec.156 Requirement to keep record of particular matters\n\nThe council must keep a written record stating the following—\nthe risks the council’s operations are exposed to, to the extent they are relevant to financial management;\nthe control measures adopted to manage the risks.\nThe council must keep, with the record, a copy of each of the following—\nits community grants policy;\nits entertainment and hospitality policy;\nits advertising spending policy;\nits procurement policy.\n(sec.156-ssec.1) The council must keep a written record stating the following— the risks the council’s operations are exposed to, to the extent they are relevant to financial management; the control measures adopted to manage the risks.\n(sec.156-ssec.2) The council must keep, with the record, a copy of each of the following— its community grants policy; its entertainment and hospitality policy; its advertising spending policy; its procurement policy.\n- (a) the risks the council’s operations are exposed to, to the extent they are relevant to financial management;\n- (b) the control measures adopted to manage the risks.\n- (a) its community grants policy;\n- (b) its entertainment and hospitality policy;\n- (c) its advertising spending policy;\n- (d) its procurement policy.","sortOrder":201},{"sectionNumber":"ch.5-pt.2","sectionType":"part","heading":"Financial planning documents","content":"# Financial planning documents","sortOrder":202},{"sectionNumber":"ch.5-pt.2-div.1","sectionType":"division","heading":"Corporate plan","content":"## Corporate plan","sortOrder":203},{"sectionNumber":"sec.157","sectionType":"section","heading":"Preparation of corporate plan","content":"### sec.157 Preparation of corporate plan\n\nThe council must prepare a corporate plan for each period of 5 financial years.\nThe council must adopt its corporate plan in sufficient time to allow a budget and annual operational plan, consistent with the corporate plan, to be adopted for the first financial year that is covered by the plan.\nThe chief executive officer must present a written assessment of the council’s progress towards implementing the corporate plan at meetings of the council held at regular intervals of not more than 1 year.\nThe council may, by resolution, amend the corporate plan at any time.\nThe council must discharge its responsibilities in a way that is consistent with its corporate plan.\n(sec.157-ssec.1) The council must prepare a corporate plan for each period of 5 financial years.\n(sec.157-ssec.2) The council must adopt its corporate plan in sufficient time to allow a budget and annual operational plan, consistent with the corporate plan, to be adopted for the first financial year that is covered by the plan.\n(sec.157-ssec.3) The chief executive officer must present a written assessment of the council’s progress towards implementing the corporate plan at meetings of the council held at regular intervals of not more than 1 year.\n(sec.157-ssec.4) The council may, by resolution, amend the corporate plan at any time.\n(sec.157-ssec.5) The council must discharge its responsibilities in a way that is consistent with its corporate plan.","sortOrder":204},{"sectionNumber":"sec.158","sectionType":"section","heading":"Corporate plan contents","content":"### sec.158 Corporate plan contents\n\nThe council’s corporate plan must—\noutline the strategic direction of the council; and\nstate the performance indicators for measuring the council’s progress in achieving its vision for the future of Brisbane; and\ninclude the following information for each commercial business unit—\nan outline of the objectives of the commercial business unit;\nan outline of the nature and extent of the significant business activity the commercial business unit will conduct.\n- (a) outline the strategic direction of the council; and\n- (b) state the performance indicators for measuring the council’s progress in achieving its vision for the future of Brisbane; and\n- (c) include the following information for each commercial business unit— (i) an outline of the objectives of the commercial business unit; (ii) an outline of the nature and extent of the significant business activity the commercial business unit will conduct.\n- (i) an outline of the objectives of the commercial business unit;\n- (ii) an outline of the nature and extent of the significant business activity the commercial business unit will conduct.\n- (i) an outline of the objectives of the commercial business unit;\n- (ii) an outline of the nature and extent of the significant business activity the commercial business unit will conduct.","sortOrder":205},{"sectionNumber":"ch.5-pt.2-div.2","sectionType":"division","heading":"Long-term asset management plan","content":"## Long-term asset management plan","sortOrder":206},{"sectionNumber":"sec.159","sectionType":"section","heading":"Preparation of long-term asset management plan","content":"### sec.159 Preparation of long-term asset management plan\n\nThe council must prepare and adopt a long-term asset management plan.\nThe long-term asset management plan continues in force for the period stated in the plan unless the council adopts a new long-term asset management plan.\nThe period stated in the plan must be 10 years or more.\n(sec.159-ssec.1) The council must prepare and adopt a long-term asset management plan.\n(sec.159-ssec.2) The long-term asset management plan continues in force for the period stated in the plan unless the council adopts a new long-term asset management plan.\n(sec.159-ssec.3) The period stated in the plan must be 10 years or more.","sortOrder":207},{"sectionNumber":"ch.5-pt.2-div.3","sectionType":"division","heading":"Annual budget","content":"## Annual budget","sortOrder":208},{"sectionNumber":"sec.160","sectionType":"section","heading":"Preparation and content of budget","content":"### sec.160 Preparation and content of budget\n\nThe budget for each financial year must—\nbe prepared on an accrual basis; and\ninclude statements of the following for the financial year for which it is prepared and the next 2 financial years—\nfinancial position;\ncash flow;\nincome and expenditure;\nchanges in equity.\nThe budget must also include—\na long-term financial forecast; and\na revenue statement; and\na revenue policy.\nThe statement of income and expenditure must state each of the following—\nrates and utility charges excluding discounts and rebates;\ncontributions from developers;\nfees and charges;\ninterest;\ngrants and subsidies;\ndepreciation;\nfinance costs;\nnet result;\nthe estimated costs of—\nthe council’s significant business activities carried on using a full cost pricing basis; and\nthe activities of the council’s commercial business units; and\nthe council’s significant business activities.\nSubject to subsection (5) , the budget must include a measure of financial sustainability for—\nthe financial year for which the budget is being prepared; and\nthe 9 financial years following the financial year for which the budget is being prepared.\nSee section 307 in relation to the budget for the 2023–2024 financial year.\nA measure of financial sustainability applies to the council for a financial year to the extent the financial management (sustainability) guideline states the measure applies to the council for the financial year.\nThe measures of financial sustainability are the following measures described in the financial management (sustainability) guideline—\ncouncil controlled revenue ratio;\npopulation growth ratio;\noperating surplus ratio;\noperating cash ratio;\nunrestricted cash expense cover ratio;\nasset sustainability ratio;\nasset consumption ratio;\nasset renewal funding ratio;\nleverage ratio.\nThe budget must include the total value of the change, expressed as a percentage, in the rates and utility charges levied for the financial year compared with the rates and utility charges levied in the budget for the previous financial year.\nFor calculating the rates and utility charges levied for a financial year, any discounts and rebates must be excluded.\nThe budget must be consistent with the following documents of the council—\nits corporate plan;\nits annual operational plan.\ns 160 amd 2013 SL No. 148 s 3 ; 2020 SL No. 244 s 11 ; 2023 SL No. 56 s 4\n(sec.160-ssec.1) The budget for each financial year must— be prepared on an accrual basis; and include statements of the following for the financial year for which it is prepared and the next 2 financial years— financial position; cash flow; income and expenditure; changes in equity.\n(sec.160-ssec.2) The budget must also include— a long-term financial forecast; and a revenue statement; and a revenue policy.\n(sec.160-ssec.3) The statement of income and expenditure must state each of the following— rates and utility charges excluding discounts and rebates; contributions from developers; fees and charges; interest; grants and subsidies; depreciation; finance costs; net result; the estimated costs of— the council’s significant business activities carried on using a full cost pricing basis; and the activities of the council’s commercial business units; and the council’s significant business activities.\n(sec.160-ssec.4) Subject to subsection (5) , the budget must include a measure of financial sustainability for— the financial year for which the budget is being prepared; and the 9 financial years following the financial year for which the budget is being prepared. See section 307 in relation to the budget for the 2023–2024 financial year.\n(sec.160-ssec.5) A measure of financial sustainability applies to the council for a financial year to the extent the financial management (sustainability) guideline states the measure applies to the council for the financial year.\n(sec.160-ssec.6) The measures of financial sustainability are the following measures described in the financial management (sustainability) guideline— council controlled revenue ratio; population growth ratio; operating surplus ratio; operating cash ratio; unrestricted cash expense cover ratio; asset sustainability ratio; asset consumption ratio; asset renewal funding ratio; leverage ratio.\n(sec.160-ssec.7) The budget must include the total value of the change, expressed as a percentage, in the rates and utility charges levied for the financial year compared with the rates and utility charges levied in the budget for the previous financial year.\n(sec.160-ssec.8) For calculating the rates and utility charges levied for a financial year, any discounts and rebates must be excluded.\n(sec.160-ssec.9) The budget must be consistent with the following documents of the council— its corporate plan; its annual operational plan.\n- (a) be prepared on an accrual basis; and\n- (b) include statements of the following for the financial year for which it is prepared and the next 2 financial years— (i) financial position; (ii) cash flow; (iii) income and expenditure; (iv) changes in equity.\n- (i) financial position;\n- (ii) cash flow;\n- (iii) income and expenditure;\n- (iv) changes in equity.\n- (i) financial position;\n- (ii) cash flow;\n- (iii) income and expenditure;\n- (iv) changes in equity.\n- (a) a long-term financial forecast; and\n- (b) a revenue statement; and\n- (c) a revenue policy.\n- (a) rates and utility charges excluding discounts and rebates;\n- (b) contributions from developers;\n- (c) fees and charges;\n- (d) interest;\n- (e) grants and subsidies;\n- (f) depreciation;\n- (g) finance costs;\n- (h) net result;\n- (i) the estimated costs of— (i) the council’s significant business activities carried on using a full cost pricing basis; and (ii) the activities of the council’s commercial business units; and (iii) the council’s significant business activities.\n- (i) the council’s significant business activities carried on using a full cost pricing basis; and\n- (ii) the activities of the council’s commercial business units; and\n- (iii) the council’s significant business activities.\n- (i) the council’s significant business activities carried on using a full cost pricing basis; and\n- (ii) the activities of the council’s commercial business units; and\n- (iii) the council’s significant business activities.\n- (a) the financial year for which the budget is being prepared; and\n- (b) the 9 financial years following the financial year for which the budget is being prepared.\n- (a) council controlled revenue ratio;\n- (b) population growth ratio;\n- (c) operating surplus ratio;\n- (d) operating cash ratio;\n- (e) unrestricted cash expense cover ratio;\n- (f) asset sustainability ratio;\n- (g) asset consumption ratio;\n- (h) asset renewal funding ratio;\n- (i) leverage ratio.\n- (a) its corporate plan;\n- (b) its annual operational plan.","sortOrder":209},{"sectionNumber":"sec.161","sectionType":"section","heading":"Scrutiny of budget","content":"### sec.161 Scrutiny of budget\n\nThe council must establish and follow a process for scrutiny of the budget.\nThe process must include conducting an information session about each program under the budget at which—\na suitably qualified councillor provides information about the program; and\ncouncillors can ask questions about the program; and\nsuitably qualified councillors must make reasonable efforts to answer the questions asked; and\nmembers of the public can attend.\nHowever, if a question can not be answered at an information session, the process must provide for the question to be answered at the council meeting at which the budget is to be adopted.\n(sec.161-ssec.1) The council must establish and follow a process for scrutiny of the budget.\n(sec.161-ssec.2) The process must include conducting an information session about each program under the budget at which— a suitably qualified councillor provides information about the program; and councillors can ask questions about the program; and suitably qualified councillors must make reasonable efforts to answer the questions asked; and members of the public can attend.\n(sec.161-ssec.3) However, if a question can not be answered at an information session, the process must provide for the question to be answered at the council meeting at which the budget is to be adopted.\n- (a) a suitably qualified councillor provides information about the program; and\n- (b) councillors can ask questions about the program; and\n- (c) suitably qualified councillors must make reasonable efforts to answer the questions asked; and\n- (d) members of the public can attend.","sortOrder":210},{"sectionNumber":"sec.162","sectionType":"section","heading":"Adoption and amendment of budget","content":"### sec.162 Adoption and amendment of budget\n\nThe council must adopt its budget for a financial year before—\n1 August in the financial year; or\na later day decided by the Minister.\nIf the budget does not comply with section 160 when it is adopted, the adoption of the budget is of no effect.\nThe council may, by resolution, amend the budget for a financial year at any time before the end of the financial year.\nIf the budget does not comply with the following when it is amended, the amendment of the budget is of no effect—\nsection 160 ;\nthe council’s decision about the rates and charges to be levied for the financial year made at the budget meeting for the financial year.\nThe council may only decide the rates and charges to be levied for a financial year at the budget meeting for the financial year. See the Act , section 96 (2) .\ns 162 amd 2026 Act No. 5 s 34\n(sec.162-ssec.1) The council must adopt its budget for a financial year before— 1 August in the financial year; or a later day decided by the Minister.\n(sec.162-ssec.2) If the budget does not comply with section 160 when it is adopted, the adoption of the budget is of no effect.\n(sec.162-ssec.3) The council may, by resolution, amend the budget for a financial year at any time before the end of the financial year.\n(sec.162-ssec.4) If the budget does not comply with the following when it is amended, the amendment of the budget is of no effect— section 160 ; the council’s decision about the rates and charges to be levied for the financial year made at the budget meeting for the financial year. The council may only decide the rates and charges to be levied for a financial year at the budget meeting for the financial year. See the Act , section 96 (2) .\n- (a) 1 August in the financial year; or\n- (b) a later day decided by the Minister.\n- (a) section 160 ;\n- (b) the council’s decision about the rates and charges to be levied for the financial year made at the budget meeting for the financial year. Note— The council may only decide the rates and charges to be levied for a financial year at the budget meeting for the financial year. See the Act , section 96 (2) .","sortOrder":211},{"sectionNumber":"sec.163","sectionType":"section","heading":"Long-term financial forecast","content":"### sec.163 Long-term financial forecast\n\nThe council’s long-term financial forecast is a forecast, covering a period of at least 10 years, of the following for each year during the period of the forecast—\nincome of the council;\nexpenditure of the council;\nthe value of assets, liabilities and equity of the council.\nThe council must—\nconsider its long-term financial forecast before planning new borrowings; and\nreview its long-term financial forecast annually.\n(sec.163-ssec.1) The council’s long-term financial forecast is a forecast, covering a period of at least 10 years, of the following for each year during the period of the forecast— income of the council; expenditure of the council; the value of assets, liabilities and equity of the council.\n(sec.163-ssec.2) The council must— consider its long-term financial forecast before planning new borrowings; and review its long-term financial forecast annually.\n- (a) income of the council;\n- (b) expenditure of the council;\n- (c) the value of assets, liabilities and equity of the council.\n- (a) consider its long-term financial forecast before planning new borrowings; and\n- (b) review its long-term financial forecast annually.","sortOrder":212},{"sectionNumber":"sec.164","sectionType":"section","heading":"Revenue statement","content":"### sec.164 Revenue statement\n\nThe council’s revenue statement must state—\nif the council levies differential general rates—\nthe rating categories for rateable land in Brisbane; and\na description of each rating category; and\nif the council levies special rates or charges for a joint government activity—a summary of the terms of the joint government activity; and\nif the council fixes a cost-recovery fee—the criteria used to decide the amount of the cost-recovery fee; and\nif the council conducts a business activity on a commercial basis—the criteria used to decide the amount of the charges for the activity’s goods and services.\nAlso, the revenue statement for a financial year must include the following information for the financial year—\nan outline and explanation of the measures that the council has adopted for raising revenue, including an outline and explanation of—\nthe rates and charges to be levied in the financial year; and\nthe concessions for rates and charges to be granted in the financial year;\nwhether the council has made a resolution limiting an increase of rates and charges.\n(sec.164-ssec.1) The council’s revenue statement must state— if the council levies differential general rates— the rating categories for rateable land in Brisbane; and a description of each rating category; and if the council levies special rates or charges for a joint government activity—a summary of the terms of the joint government activity; and if the council fixes a cost-recovery fee—the criteria used to decide the amount of the cost-recovery fee; and if the council conducts a business activity on a commercial basis—the criteria used to decide the amount of the charges for the activity’s goods and services.\n(sec.164-ssec.2) Also, the revenue statement for a financial year must include the following information for the financial year— an outline and explanation of the measures that the council has adopted for raising revenue, including an outline and explanation of— the rates and charges to be levied in the financial year; and the concessions for rates and charges to be granted in the financial year; whether the council has made a resolution limiting an increase of rates and charges.\n- (a) if the council levies differential general rates— (i) the rating categories for rateable land in Brisbane; and (ii) a description of each rating category; and\n- (i) the rating categories for rateable land in Brisbane; and\n- (ii) a description of each rating category; and\n- (b) if the council levies special rates or charges for a joint government activity—a summary of the terms of the joint government activity; and\n- (c) if the council fixes a cost-recovery fee—the criteria used to decide the amount of the cost-recovery fee; and\n- (d) if the council conducts a business activity on a commercial basis—the criteria used to decide the amount of the charges for the activity’s goods and services.\n- (i) the rating categories for rateable land in Brisbane; and\n- (ii) a description of each rating category; and\n- (a) an outline and explanation of the measures that the council has adopted for raising revenue, including an outline and explanation of— (i) the rates and charges to be levied in the financial year; and (ii) the concessions for rates and charges to be granted in the financial year;\n- (i) the rates and charges to be levied in the financial year; and\n- (ii) the concessions for rates and charges to be granted in the financial year;\n- (b) whether the council has made a resolution limiting an increase of rates and charges.\n- (i) the rates and charges to be levied in the financial year; and\n- (ii) the concessions for rates and charges to be granted in the financial year;","sortOrder":213},{"sectionNumber":"sec.165","sectionType":"section","heading":"Unauthorised spending for genuine emergency or hardship","content":"### sec.165 Unauthorised spending for genuine emergency or hardship\n\nThe council may spend money that is not authorised in the annual budget only for genuine emergency or hardship.\nHowever, the council must make a resolution about spending the money before, or as soon as practicable after, the money is spent.\nThe resolution must state how the spending is to be funded.\nIf the council’s budget for a financial year is amended after the money is spent, the amendment must take the spending into account.\n(sec.165-ssec.1) The council may spend money that is not authorised in the annual budget only for genuine emergency or hardship.\n(sec.165-ssec.2) However, the council must make a resolution about spending the money before, or as soon as practicable after, the money is spent.\n(sec.165-ssec.3) The resolution must state how the spending is to be funded.\n(sec.165-ssec.4) If the council’s budget for a financial year is amended after the money is spent, the amendment must take the spending into account.","sortOrder":214},{"sectionNumber":"ch.5-pt.2-div.3A","sectionType":"division","heading":null,"content":"","sortOrder":215},{"sectionNumber":"sec.165A","sectionType":"section","heading":null,"content":"### Section sec.165A\n\ns 165A ins 2020 SL No. 244 s 12\nexp 30 June 2021 (see s 165B)","sortOrder":216},{"sectionNumber":"sec.165B","sectionType":"section","heading":null,"content":"### Section sec.165B\n\ns 165B ins 2020 SL No. 244 s 12\nexp 30 June 2021 (see s 165B)","sortOrder":217},{"sectionNumber":"ch.5-pt.2-div.4","sectionType":"division","heading":"Annual operational plan","content":"## Annual operational plan","sortOrder":218},{"sectionNumber":"sec.166","sectionType":"section","heading":"Preparation and adoption of annual operational plan","content":"### sec.166 Preparation and adoption of annual operational plan\n\nThe council must prepare and adopt an annual operational plan for each financial year.\nThe council may, but need not, adopt the annual operational plan for a financial year at the same time the council adopts its budget for the financial year.\nThe chief executive officer must present a written assessment of the council’s progress towards implementing the annual operational plan at meetings of the council held at regular intervals of not more than 3 months.\nThe council may, by resolution, amend its annual operational plan at any time before the end of the financial year.\nThe council must discharge its responsibilities in a way that is consistent with its annual operational plan.\ns 166 amd 2024 SL No. 14 s 3\n(sec.166-ssec.1) The council must prepare and adopt an annual operational plan for each financial year.\n(sec.166-ssec.2) The council may, but need not, adopt the annual operational plan for a financial year at the same time the council adopts its budget for the financial year.\n(sec.166-ssec.3) The chief executive officer must present a written assessment of the council’s progress towards implementing the annual operational plan at meetings of the council held at regular intervals of not more than 3 months.\n(sec.166-ssec.4) The council may, by resolution, amend its annual operational plan at any time before the end of the financial year.\n(sec.166-ssec.5) The council must discharge its responsibilities in a way that is consistent with its annual operational plan.","sortOrder":219},{"sectionNumber":"sec.167","sectionType":"section","heading":"Annual operational plan contents","content":"### sec.167 Annual operational plan contents\n\nThe council’s annual operational plan must—\nbe consistent with its annual budget; and\nstate how the council will—\nprogress the implementation of the corporate plan during the period of the annual operational plan; and\nmanage operational risks.\ns 167 sub 2025 SL No. 161 s 4\n- (a) be consistent with its annual budget; and\n- (b) state how the council will— (i) progress the implementation of the corporate plan during the period of the annual operational plan; and (ii) manage operational risks.\n- (i) progress the implementation of the corporate plan during the period of the annual operational plan; and\n- (ii) manage operational risks.\n- (i) progress the implementation of the corporate plan during the period of the annual operational plan; and\n- (ii) manage operational risks.","sortOrder":220},{"sectionNumber":"ch.5-pt.3","sectionType":"part","heading":"Financial accountability documents","content":"# Financial accountability documents","sortOrder":221},{"sectionNumber":"ch.5-pt.3-div.1","sectionType":"division","heading":"Financial statements and report","content":"## Financial statements and report","sortOrder":222},{"sectionNumber":"sec.168","sectionType":"section","heading":"Preparation of financial statements","content":"### sec.168 Preparation of financial statements\n\nFor each financial year, the council must prepare each of the following (the financial statements )—\na general purpose financial statement;\na current-year financial sustainability statement;\na long-term financial sustainability statement.\n- (a) a general purpose financial statement;\n- (b) a current-year financial sustainability statement;\n- (c) a long-term financial sustainability statement.","sortOrder":223},{"sectionNumber":"sec.169","sectionType":"section","heading":"General purpose financial statement","content":"### sec.169 General purpose financial statement\n\nThe council’s general purpose financial statement must be prepared in compliance with the following documents (each a prescribed accounting standard ) published by the Australian Accounting Standards Board—\nAustralian Accounting Standards;\nStatements of Accounting Concepts;\nInterpretations;\nFramework for the Preparation and Presentation of Financial Statements.\nThe prescribed accounting standards are available on the Australian Accounting Standards Board’s website.\n- (a) Australian Accounting Standards;\n- (b) Statements of Accounting Concepts;\n- (c) Interpretations;\n- (d) Framework for the Preparation and Presentation of Financial Statements.","sortOrder":224},{"sectionNumber":"sec.170","sectionType":"section","heading":"Financial sustainability statements","content":"### sec.170 Financial sustainability statements\n\nThe council’s current-year financial sustainability statement must state each measure of financial sustainability applicable to the council for the financial year to which the statement relates.\nThe council’s long-term financial sustainability statement must state—\neach measure of financial sustainability applicable to the council for the 9 financial years following the year to which the statement relates; and\nan explanation of the council’s financial management strategy that is consistent with the long-term financial forecast.\nFor subsections (1) and (2) (a) , a measure of financial sustainability applies to the council for a financial year to the extent the financial management (sustainability) guideline states the measure applies to the council for the financial year.\ns 170 amd 2023 SL No. 56 s 5\n(sec.170-ssec.1) The council’s current-year financial sustainability statement must state each measure of financial sustainability applicable to the council for the financial year to which the statement relates.\n(sec.170-ssec.2) The council’s long-term financial sustainability statement must state— each measure of financial sustainability applicable to the council for the 9 financial years following the year to which the statement relates; and an explanation of the council’s financial management strategy that is consistent with the long-term financial forecast.\n(sec.170-ssec.3) For subsections (1) and (2) (a) , a measure of financial sustainability applies to the council for a financial year to the extent the financial management (sustainability) guideline states the measure applies to the council for the financial year.\n- (a) each measure of financial sustainability applicable to the council for the 9 financial years following the year to which the statement relates; and\n- (b) an explanation of the council’s financial management strategy that is consistent with the long-term financial forecast.","sortOrder":225},{"sectionNumber":"sec.171","sectionType":"section","heading":"Community financial report","content":"### sec.171 Community financial report\n\nThe council must prepare a community financial report for each financial year.\nThe community financial report for a financial year must—\ncontain a summary and an analysis of the council’s financial performance and position for the financial year; and\nbe consistent with the general purpose financial statement for the financial year; and\ninclude each measure of financial sustainability applicable to the council for the financial year; and\nbe written in a way that can be easily understood by the community.\nFor subsection (2) (c) , a measure of financial sustainability applies to the council for a financial year to the extent the financial management (sustainability) guideline states the measure applies to the council for the financial year.\ns 171 amd 2023 SL No. 56 s 6\n(sec.171-ssec.1) The council must prepare a community financial report for each financial year.\n(sec.171-ssec.2) The community financial report for a financial year must— contain a summary and an analysis of the council’s financial performance and position for the financial year; and be consistent with the general purpose financial statement for the financial year; and include each measure of financial sustainability applicable to the council for the financial year; and be written in a way that can be easily understood by the community.\n(sec.171-ssec.3) For subsection (2) (c) , a measure of financial sustainability applies to the council for a financial year to the extent the financial management (sustainability) guideline states the measure applies to the council for the financial year.\n- (a) contain a summary and an analysis of the council’s financial performance and position for the financial year; and\n- (b) be consistent with the general purpose financial statement for the financial year; and\n- (c) include each measure of financial sustainability applicable to the council for the financial year; and\n- (d) be written in a way that can be easily understood by the community.","sortOrder":226},{"sectionNumber":"ch.5-pt.3-div.2","sectionType":"division","heading":"Asset register","content":"## Asset register","sortOrder":227},{"sectionNumber":"sec.172","sectionType":"section","heading":"Non-current physical assets to be recorded","content":"### sec.172 Non-current physical assets to be recorded\n\nThe council’s asset register must record its non-current physical assets.","sortOrder":228},{"sectionNumber":"ch.5-pt.3-div.3","sectionType":"division","heading":"Annual report","content":"## Annual report","sortOrder":229},{"sectionNumber":"sec.173","sectionType":"section","heading":"What div 3 is about","content":"### sec.173 What div 3 is about\n\nThis division explains what an annual report for the council must contain.","sortOrder":230},{"sectionNumber":"sec.174","sectionType":"section","heading":"Preparation of annual report","content":"### sec.174 Preparation of annual report\n\nThe council must prepare an annual report for each financial year.\nThe council must adopt its annual report within 1 month after the day the auditor-general gives the auditor-general’s audit report about the council’s financial statements for the financial year to the council.\nThe council must publish its annual report on its website within 2 weeks of adopting the annual report.\ns 174 amd 2025 SL No. 161 s 5\n(sec.174-ssec.1) The council must prepare an annual report for each financial year.\n(sec.174-ssec.2) The council must adopt its annual report within 1 month after the day the auditor-general gives the auditor-general’s audit report about the council’s financial statements for the financial year to the council.\n(sec.174-ssec.3) The council must publish its annual report on its website within 2 weeks of adopting the annual report.","sortOrder":231},{"sectionNumber":"sec.175","sectionType":"section","heading":"Financial statements","content":"### sec.175 Financial statements\n\nThe annual report for a financial year must contain—\nthe general purpose financial statement for the financial year, audited by the auditor-general; and\nthe current-year financial sustainability statement for the financial year, audited by the auditor-general; and\nthe long-term financial sustainability statement for the financial year; and\nthe auditor-general’s audit reports about the general purpose financial statement and the current-year financial sustainability statement.\n- (a) the general purpose financial statement for the financial year, audited by the auditor-general; and\n- (b) the current-year financial sustainability statement for the financial year, audited by the auditor-general; and\n- (c) the long-term financial sustainability statement for the financial year; and\n- (d) the auditor-general’s audit reports about the general purpose financial statement and the current-year financial sustainability statement.","sortOrder":232},{"sectionNumber":"sec.176","sectionType":"section","heading":"Community financial report","content":"### sec.176 Community financial report\n\nThe annual report for a financial year must contain the community financial report for the financial year.","sortOrder":233},{"sectionNumber":"sec.177","sectionType":"section","heading":"Particular resolutions","content":"### sec.177 Particular resolutions\n\nThe annual report for a financial year must contain—\na copy of the resolutions made during the financial year under section 237 ; and\na list of any resolutions made during the financial year under section 198 (2) .\n- (a) a copy of the resolutions made during the financial year under section 237 ; and\n- (b) a list of any resolutions made during the financial year under section 198 (2) .","sortOrder":234},{"sectionNumber":"sec.178","sectionType":"section","heading":"Councillors","content":"### sec.178 Councillors\n\nThe annual report for a financial year must contain particulars of—\nfor each councillor, the total remuneration, including superannuation contributions, paid to the councillor during the financial year; and\nthe expenses incurred by, and the facilities provided to, each councillor during the financial year under the council’s expenses reimbursement policy; and\nthe number of council meetings that each councillor attended during the financial year; and\nthe number of each of the following during the financial year—\ncomplaints referred to the assessor under the Local Government Act , section 150P (2) (a) by council entities;\nmatters mentioned in the Local Government Act , section 150P (3) notified to the Crime and Corruption Commission;\nnotices given to the assessor under the Local Government Act , section 150R (2) ;\nnotices given to the assessor under the Local Government Act , section 150S (2) (a) ;\noccasions information was given to the assessor under the Local Government Act , section 150AF (3) (a) ;\noccasions the council asked another entity to investigate, under the Local Government Act , chapter 5A , part 3 , division 5 for the council, the suspected conduct breach under that Act of a councillor; and\nthe total number of referral notices given to the council under the Local Government Act , section 150AC (1) during the financial year; and\nfor suspected conduct breaches the subject of a referral notice mentioned in paragraph (g) —\nthe total number of suspected conduct breaches; and\nthe total number of suspected conduct breaches for which an investigation was not started or was discontinued under the Local Government Act , section 150AEA ; and\nthe number of matters not decided by the end of the financial year under the Local Government Act , section 150AG (1) ; and\nthe average time taken by the council in making a decision under the Local Government Act , section 150AG (1) .\nIn this section—\ncouncil entity means the following—\nthe council;\na councillor;\nthe chief executive officer.\ns 178 amd 2013 SL No. 10 s 3 ; 2014 Act No. 21 s 94 (2) sch 2 ; 2019 SL No. 229 s 5 ; 2023 Act No. 30 s 24 ; 2026 Act No. 5 s 35\n(sec.178-ssec.1) The annual report for a financial year must contain particulars of— for each councillor, the total remuneration, including superannuation contributions, paid to the councillor during the financial year; and the expenses incurred by, and the facilities provided to, each councillor during the financial year under the council’s expenses reimbursement policy; and the number of council meetings that each councillor attended during the financial year; and the number of each of the following during the financial year— complaints referred to the assessor under the Local Government Act , section 150P (2) (a) by council entities; matters mentioned in the Local Government Act , section 150P (3) notified to the Crime and Corruption Commission; notices given to the assessor under the Local Government Act , section 150R (2) ; notices given to the assessor under the Local Government Act , section 150S (2) (a) ; occasions information was given to the assessor under the Local Government Act , section 150AF (3) (a) ; occasions the council asked another entity to investigate, under the Local Government Act , chapter 5A , part 3 , division 5 for the council, the suspected conduct breach under that Act of a councillor; and the total number of referral notices given to the council under the Local Government Act , section 150AC (1) during the financial year; and for suspected conduct breaches the subject of a referral notice mentioned in paragraph (g) — the total number of suspected conduct breaches; and the total number of suspected conduct breaches for which an investigation was not started or was discontinued under the Local Government Act , section 150AEA ; and the number of matters not decided by the end of the financial year under the Local Government Act , section 150AG (1) ; and the average time taken by the council in making a decision under the Local Government Act , section 150AG (1) .\n(sec.178-ssec.2) In this section— council entity means the following— the council; a councillor; the chief executive officer.\n- (a) for each councillor, the total remuneration, including superannuation contributions, paid to the councillor during the financial year; and\n- (b) the expenses incurred by, and the facilities provided to, each councillor during the financial year under the council’s expenses reimbursement policy; and\n- (c) the number of council meetings that each councillor attended during the financial year; and\n- (f) the number of each of the following during the financial year— (i) complaints referred to the assessor under the Local Government Act , section 150P (2) (a) by council entities; (ii) matters mentioned in the Local Government Act , section 150P (3) notified to the Crime and Corruption Commission; (iii) notices given to the assessor under the Local Government Act , section 150R (2) ; (iv) notices given to the assessor under the Local Government Act , section 150S (2) (a) ; (v) occasions information was given to the assessor under the Local Government Act , section 150AF (3) (a) ; (vi) occasions the council asked another entity to investigate, under the Local Government Act , chapter 5A , part 3 , division 5 for the council, the suspected conduct breach under that Act of a councillor; and\n- (i) complaints referred to the assessor under the Local Government Act , section 150P (2) (a) by council entities;\n- (ii) matters mentioned in the Local Government Act , section 150P (3) notified to the Crime and Corruption Commission;\n- (iii) notices given to the assessor under the Local Government Act , section 150R (2) ;\n- (iv) notices given to the assessor under the Local Government Act , section 150S (2) (a) ;\n- (v) occasions information was given to the assessor under the Local Government Act , section 150AF (3) (a) ;\n- (vi) occasions the council asked another entity to investigate, under the Local Government Act , chapter 5A , part 3 , division 5 for the council, the suspected conduct breach under that Act of a councillor; and\n- (g) the total number of referral notices given to the council under the Local Government Act , section 150AC (1) during the financial year; and\n- (h) for suspected conduct breaches the subject of a referral notice mentioned in paragraph (g) — (i) the total number of suspected conduct breaches; and (ii) the total number of suspected conduct breaches for which an investigation was not started or was discontinued under the Local Government Act , section 150AEA ; and\n- (i) the total number of suspected conduct breaches; and\n- (ii) the total number of suspected conduct breaches for which an investigation was not started or was discontinued under the Local Government Act , section 150AEA ; and\n- (j) the number of matters not decided by the end of the financial year under the Local Government Act , section 150AG (1) ; and\n- (k) the average time taken by the council in making a decision under the Local Government Act , section 150AG (1) .\n- (i) complaints referred to the assessor under the Local Government Act , section 150P (2) (a) by council entities;\n- (ii) matters mentioned in the Local Government Act , section 150P (3) notified to the Crime and Corruption Commission;\n- (iii) notices given to the assessor under the Local Government Act , section 150R (2) ;\n- (iv) notices given to the assessor under the Local Government Act , section 150S (2) (a) ;\n- (v) occasions information was given to the assessor under the Local Government Act , section 150AF (3) (a) ;\n- (vi) occasions the council asked another entity to investigate, under the Local Government Act , chapter 5A , part 3 , division 5 for the council, the suspected conduct breach under that Act of a councillor; and\n- (i) the total number of suspected conduct breaches; and\n- (ii) the total number of suspected conduct breaches for which an investigation was not started or was discontinued under the Local Government Act , section 150AEA ; and\n- (a) the council;\n- (b) a councillor;\n- (c) the chief executive officer.","sortOrder":235},{"sectionNumber":"sec.179","sectionType":"section","heading":"Administrative action complaints and competitive neutrality complaints","content":"### sec.179 Administrative action complaints and competitive neutrality complaints\n\nThe annual report for a financial year must contain—\na statement about the council’s commitment to dealing fairly with administrative action complaints and competitive neutrality complaints; and\na statement about how the council has implemented its complaints management process, including an assessment of the council’s performance in resolving complaints under the process.\nThe annual report must, for each type of complaint mentioned in subsection (1) , also contain particulars of—\nthe number of the following during the financial year—\ncomplaints made to the council;\ncomplaints resolved by the council under the complaints management process;\ncomplaints not resolved by the council under the complaints management process; and\nthe number of complaints under paragraph (a) (iii) that were made in a previous financial year.\ns 179 amd 2026 Act No. 5 s 36\n(sec.179-ssec.1) The annual report for a financial year must contain— a statement about the council’s commitment to dealing fairly with administrative action complaints and competitive neutrality complaints; and a statement about how the council has implemented its complaints management process, including an assessment of the council’s performance in resolving complaints under the process.\n(sec.179-ssec.2) The annual report must, for each type of complaint mentioned in subsection (1) , also contain particulars of— the number of the following during the financial year— complaints made to the council; complaints resolved by the council under the complaints management process; complaints not resolved by the council under the complaints management process; and the number of complaints under paragraph (a) (iii) that were made in a previous financial year.\n- (a) a statement about the council’s commitment to dealing fairly with administrative action complaints and competitive neutrality complaints; and\n- (b) a statement about how the council has implemented its complaints management process, including an assessment of the council’s performance in resolving complaints under the process.\n- (a) the number of the following during the financial year— (i) complaints made to the council; (ii) complaints resolved by the council under the complaints management process; (iii) complaints not resolved by the council under the complaints management process; and\n- (i) complaints made to the council;\n- (ii) complaints resolved by the council under the complaints management process;\n- (iii) complaints not resolved by the council under the complaints management process; and\n- (b) the number of complaints under paragraph (a) (iii) that were made in a previous financial year.\n- (i) complaints made to the council;\n- (ii) complaints resolved by the council under the complaints management process;\n- (iii) complaints not resolved by the council under the complaints management process; and","sortOrder":236},{"sectionNumber":"sec.180","sectionType":"section","heading":"Overseas travel","content":"### sec.180 Overseas travel\n\nThe annual report for a financial year must contain the following information about any overseas travel made by a councillor or council employee in an official capacity during the financial year—\nfor a councillor—the name of the councillor;\nfor the council employee—the name of, and position held by, the council employee;\nthe destination of the overseas travel;\nthe purpose of the overseas travel;\nthe cost of the overseas travel.\nThe annual report may also contain any other information about the overseas travel the council considers relevant.\n(sec.180-ssec.1) The annual report for a financial year must contain the following information about any overseas travel made by a councillor or council employee in an official capacity during the financial year— for a councillor—the name of the councillor; for the council employee—the name of, and position held by, the council employee; the destination of the overseas travel; the purpose of the overseas travel; the cost of the overseas travel.\n(sec.180-ssec.2) The annual report may also contain any other information about the overseas travel the council considers relevant.\n- (a) for a councillor—the name of the councillor;\n- (b) for the council employee—the name of, and position held by, the council employee;\n- (c) the destination of the overseas travel;\n- (d) the purpose of the overseas travel;\n- (e) the cost of the overseas travel.","sortOrder":237},{"sectionNumber":"sec.181","sectionType":"section","heading":"Grants to community organisations and discretionary funds","content":"### sec.181 Grants to community organisations and discretionary funds\n\nThe annual report for a financial year must contain a summary of the council’s expenditure for the financial year on grants to community organisations.\nThe annual report must also contain the following information about the council’s discretionary funds—\nthe total amount budgeted for the financial year as the council’s discretionary funds;\nthe prescribed amount for the financial year;\nthe total amount of discretionary funds budgeted for the financial year for councillors to allocate for each of the following purposes—\ncapital works of the council that are for a community purpose;\nother community purposes;\nthe amount of discretionary funds budgeted for use by each councillor for the financial year;\nif a councillor allocates discretionary funds in the financial year—\nthe amount allocated; and\nthe date the amount was allocated; and\nthe way mentioned in section 194 (1) in which the amount was allocated; and\nif the amount was allocated to a person or organisation—the name of the person or organisation to whom the allocation was made; and\nthe purpose for which the amount was allocated, including sufficient details to identify how the funds were, or are to be, spent.\nIn this section—\nprescribed amount , for a financial year, see section 193B (5) .\ns 181 sub 2019 SL No. 229 s 6\n(sec.181-ssec.1) The annual report for a financial year must contain a summary of the council’s expenditure for the financial year on grants to community organisations.\n(sec.181-ssec.2) The annual report must also contain the following information about the council’s discretionary funds— the total amount budgeted for the financial year as the council’s discretionary funds; the prescribed amount for the financial year; the total amount of discretionary funds budgeted for the financial year for councillors to allocate for each of the following purposes— capital works of the council that are for a community purpose; other community purposes; the amount of discretionary funds budgeted for use by each councillor for the financial year; if a councillor allocates discretionary funds in the financial year— the amount allocated; and the date the amount was allocated; and the way mentioned in section 194 (1) in which the amount was allocated; and if the amount was allocated to a person or organisation—the name of the person or organisation to whom the allocation was made; and the purpose for which the amount was allocated, including sufficient details to identify how the funds were, or are to be, spent.\n(sec.181-ssec.3) In this section— prescribed amount , for a financial year, see section 193B (5) .\n- (a) the total amount budgeted for the financial year as the council’s discretionary funds;\n- (b) the prescribed amount for the financial year;\n- (c) the total amount of discretionary funds budgeted for the financial year for councillors to allocate for each of the following purposes— (i) capital works of the council that are for a community purpose; (ii) other community purposes;\n- (i) capital works of the council that are for a community purpose;\n- (ii) other community purposes;\n- (d) the amount of discretionary funds budgeted for use by each councillor for the financial year;\n- (e) if a councillor allocates discretionary funds in the financial year— (i) the amount allocated; and (ii) the date the amount was allocated; and (iii) the way mentioned in section 194 (1) in which the amount was allocated; and (iv) if the amount was allocated to a person or organisation—the name of the person or organisation to whom the allocation was made; and (v) the purpose for which the amount was allocated, including sufficient details to identify how the funds were, or are to be, spent.\n- (i) the amount allocated; and\n- (ii) the date the amount was allocated; and\n- (iii) the way mentioned in section 194 (1) in which the amount was allocated; and\n- (iv) if the amount was allocated to a person or organisation—the name of the person or organisation to whom the allocation was made; and\n- (v) the purpose for which the amount was allocated, including sufficient details to identify how the funds were, or are to be, spent.\n- (i) capital works of the council that are for a community purpose;\n- (ii) other community purposes;\n- (i) the amount allocated; and\n- (ii) the date the amount was allocated; and\n- (iii) the way mentioned in section 194 (1) in which the amount was allocated; and\n- (iv) if the amount was allocated to a person or organisation—the name of the person or organisation to whom the allocation was made; and\n- (v) the purpose for which the amount was allocated, including sufficient details to identify how the funds were, or are to be, spent.","sortOrder":238},{"sectionNumber":"sec.181A","sectionType":"section","heading":"Particular financial contributions under Planning Act","content":"### sec.181A Particular financial contributions under Planning Act\n\nThe annual report for a financial year must contain the following information—\nthe total amount of financial contributions made to the council in the financial year under—\na community benefit agreement under the Planning Act ; or\na condition of a development approval imposed under the Planning Act , section 65AA (3) ; or\na condition of a development approval imposed under a direction of the planning chief executive under the Planning Act , section 106ZF (2) ; or\nan agreement mentioned in the Planning Act , section 65AA (7) ;\nthe total amount of financial contributions made to the council under an instrument mentioned in paragraph (a) that were spent by the council in the financial year and the purposes for which the contributions were spent.\nIn this section—\ndevelopment approval means a development approval under the Planning Act .\nplanning chief executive means the chief executive of the department in which the Planning Act is administered.\ns 181A ins 2025 SL No. 80 s 4\n(sec.181A-ssec.1) The annual report for a financial year must contain the following information— the total amount of financial contributions made to the council in the financial year under— a community benefit agreement under the Planning Act ; or a condition of a development approval imposed under the Planning Act , section 65AA (3) ; or a condition of a development approval imposed under a direction of the planning chief executive under the Planning Act , section 106ZF (2) ; or an agreement mentioned in the Planning Act , section 65AA (7) ; the total amount of financial contributions made to the council under an instrument mentioned in paragraph (a) that were spent by the council in the financial year and the purposes for which the contributions were spent.\n(sec.181A-ssec.2) In this section— development approval means a development approval under the Planning Act . planning chief executive means the chief executive of the department in which the Planning Act is administered.\n- (a) the total amount of financial contributions made to the council in the financial year under— (i) a community benefit agreement under the Planning Act ; or (ii) a condition of a development approval imposed under the Planning Act , section 65AA (3) ; or (iii) a condition of a development approval imposed under a direction of the planning chief executive under the Planning Act , section 106ZF (2) ; or (iv) an agreement mentioned in the Planning Act , section 65AA (7) ;\n- (i) a community benefit agreement under the Planning Act ; or\n- (ii) a condition of a development approval imposed under the Planning Act , section 65AA (3) ; or\n- (iii) a condition of a development approval imposed under a direction of the planning chief executive under the Planning Act , section 106ZF (2) ; or\n- (iv) an agreement mentioned in the Planning Act , section 65AA (7) ;\n- (b) the total amount of financial contributions made to the council under an instrument mentioned in paragraph (a) that were spent by the council in the financial year and the purposes for which the contributions were spent.\n- (i) a community benefit agreement under the Planning Act ; or\n- (ii) a condition of a development approval imposed under the Planning Act , section 65AA (3) ; or\n- (iii) a condition of a development approval imposed under a direction of the planning chief executive under the Planning Act , section 106ZF (2) ; or\n- (iv) an agreement mentioned in the Planning Act , section 65AA (7) ;","sortOrder":239},{"sectionNumber":"sec.182","sectionType":"section","heading":"Other contents","content":"### sec.182 Other contents\n\nThe annual report for a financial year must contain the following information—\nthe chief executive officer’s assessment of the council’s progress towards implementing its corporate plan and annual operational plan;\nparticulars of other issues relevant to making an informed assessment of the council’s operations and performance in the financial year;\nan annual operations report for each commercial business unit;\ndetails of any action taken for, and expenditure on, a service, facility or activity—\nsupplied by another local government under an agreement for conducting a joint government activity; and\nfor which the council levied special rates or charges for the financial year;\nthe number of invitations to change tenders under section 218 (8) during the financial year;\na list of the registers kept by the council;\na summary of all concessions for rates and charges granted by the council;\nthe report on the internal audit for the financial year;\na summary of investigation notices given in the financial year under section 37 for competitive neutrality complaints;\nthe council’s responses in the financial year to any recommendations, made under section 40 (3) , relating to competitive neutrality complaints;\nan overview of the council’s long-term strategy to ensure financial sustainability;\nan overview of the council’s long-term asset management plan.\nIn this section—\nannual operations report , for a commercial business unit, means a document that contains the following information for the previous financial year—\ninformation that allows an informed assessment of the unit’s operations;\nparticulars of any directions the council gave the unit.\ns 182 amd 2013 SL No. 10 s 4 ; 2015 SL No. 170 s 5 ; 2020 SL No. 244 s 13 ; 2021 Act No. 12 s 217 sch 6 ; 2025 SL No. 161 s 6\n(sec.182-ssec.1) The annual report for a financial year must contain the following information— the chief executive officer’s assessment of the council’s progress towards implementing its corporate plan and annual operational plan; particulars of other issues relevant to making an informed assessment of the council’s operations and performance in the financial year; an annual operations report for each commercial business unit; details of any action taken for, and expenditure on, a service, facility or activity— supplied by another local government under an agreement for conducting a joint government activity; and for which the council levied special rates or charges for the financial year; the number of invitations to change tenders under section 218 (8) during the financial year; a list of the registers kept by the council; a summary of all concessions for rates and charges granted by the council; the report on the internal audit for the financial year; a summary of investigation notices given in the financial year under section 37 for competitive neutrality complaints; the council’s responses in the financial year to any recommendations, made under section 40 (3) , relating to competitive neutrality complaints; an overview of the council’s long-term strategy to ensure financial sustainability; an overview of the council’s long-term asset management plan.\n(sec.182-ssec.2) In this section— annual operations report , for a commercial business unit, means a document that contains the following information for the previous financial year— information that allows an informed assessment of the unit’s operations; particulars of any directions the council gave the unit.\n- (a) the chief executive officer’s assessment of the council’s progress towards implementing its corporate plan and annual operational plan;\n- (b) particulars of other issues relevant to making an informed assessment of the council’s operations and performance in the financial year;\n- (c) an annual operations report for each commercial business unit;\n- (d) details of any action taken for, and expenditure on, a service, facility or activity— (i) supplied by another local government under an agreement for conducting a joint government activity; and (ii) for which the council levied special rates or charges for the financial year;\n- (i) supplied by another local government under an agreement for conducting a joint government activity; and\n- (ii) for which the council levied special rates or charges for the financial year;\n- (e) the number of invitations to change tenders under section 218 (8) during the financial year;\n- (f) a list of the registers kept by the council;\n- (g) a summary of all concessions for rates and charges granted by the council;\n- (h) the report on the internal audit for the financial year;\n- (i) a summary of investigation notices given in the financial year under section 37 for competitive neutrality complaints;\n- (j) the council’s responses in the financial year to any recommendations, made under section 40 (3) , relating to competitive neutrality complaints;\n- (k) an overview of the council’s long-term strategy to ensure financial sustainability;\n- (l) an overview of the council’s long-term asset management plan.\n- (i) supplied by another local government under an agreement for conducting a joint government activity; and\n- (ii) for which the council levied special rates or charges for the financial year;\n- (a) information that allows an informed assessment of the unit’s operations;\n- (b) particulars of any directions the council gave the unit.","sortOrder":240},{"sectionNumber":"ch.5-pt.4","sectionType":"part","heading":"Financial policies","content":"# Financial policies","sortOrder":241},{"sectionNumber":"sec.183","sectionType":"section","heading":"Investment policy","content":"### sec.183 Investment policy\n\nThe council must prepare and adopt an investment policy.\nThe investment policy must outline—\nthe council’s investment objectives and overall risk philosophy; and\nprocedures for achieving the goals related to investment stated in the policy.\n(sec.183-ssec.1) The council must prepare and adopt an investment policy.\n(sec.183-ssec.2) The investment policy must outline— the council’s investment objectives and overall risk philosophy; and procedures for achieving the goals related to investment stated in the policy.\n- (a) the council’s investment objectives and overall risk philosophy; and\n- (b) procedures for achieving the goals related to investment stated in the policy.","sortOrder":242},{"sectionNumber":"sec.184","sectionType":"section","heading":"Debt policy","content":"### sec.184 Debt policy\n\nThe council must prepare and adopt a debt policy for a financial year.\nThe debt policy must state—\nthe new borrowings planned for the current financial year and the next 9 financial years; and\nthe period over which the council plans to repay existing and new borrowings.\n(sec.184-ssec.1) The council must prepare and adopt a debt policy for a financial year.\n(sec.184-ssec.2) The debt policy must state— the new borrowings planned for the current financial year and the next 9 financial years; and the period over which the council plans to repay existing and new borrowings.\n- (a) the new borrowings planned for the current financial year and the next 9 financial years; and\n- (b) the period over which the council plans to repay existing and new borrowings.","sortOrder":243},{"sectionNumber":"sec.185","sectionType":"section","heading":"Revenue policy","content":"### sec.185 Revenue policy\n\nThe council’s revenue policy for a financial year must state—\nthe principles that the council intends to apply in the financial year for—\nlevying rates and charges; and\ngranting concessions for rates and charges; and\nrecovering overdue rates and charges; and\ncost-recovery methods; and\nif the council intends to grant concessions for rates and charges—the purpose for the concessions; and\nthe extent to which physical and social infrastructure costs for a new development are to be funded by charges for the development.\nThe revenue policy may state guidelines that may be used for preparing the council’s revenue statement.\nThe council must review its revenue policy annually and in sufficient time to allow an annual budget that is consistent with the revenue policy to be adopted for the next financial year.\n(sec.185-ssec.1) The council’s revenue policy for a financial year must state— the principles that the council intends to apply in the financial year for— levying rates and charges; and granting concessions for rates and charges; and recovering overdue rates and charges; and cost-recovery methods; and if the council intends to grant concessions for rates and charges—the purpose for the concessions; and the extent to which physical and social infrastructure costs for a new development are to be funded by charges for the development.\n(sec.185-ssec.2) The revenue policy may state guidelines that may be used for preparing the council’s revenue statement.\n(sec.185-ssec.3) The council must review its revenue policy annually and in sufficient time to allow an annual budget that is consistent with the revenue policy to be adopted for the next financial year.\n- (a) the principles that the council intends to apply in the financial year for— (i) levying rates and charges; and (ii) granting concessions for rates and charges; and (iii) recovering overdue rates and charges; and (iv) cost-recovery methods; and\n- (i) levying rates and charges; and\n- (ii) granting concessions for rates and charges; and\n- (iii) recovering overdue rates and charges; and\n- (iv) cost-recovery methods; and\n- (b) if the council intends to grant concessions for rates and charges—the purpose for the concessions; and\n- (c) the extent to which physical and social infrastructure costs for a new development are to be funded by charges for the development.\n- (i) levying rates and charges; and\n- (ii) granting concessions for rates and charges; and\n- (iii) recovering overdue rates and charges; and\n- (iv) cost-recovery methods; and","sortOrder":244},{"sectionNumber":"ch.5-pt.5","sectionType":"part","heading":"Community grants","content":"# Community grants","sortOrder":245},{"sectionNumber":"sec.186","sectionType":"section","heading":"Grants to community organisations","content":"### sec.186 Grants to community organisations\n\nThe council may give a grant to a community organisation only—\nif the council is satisfied—\nthe grant will be used for a purpose that is in the public interest; and\nthe community organisation meets the criteria stated in the council’s community grants policy; and\nin a way that is consistent with the council’s community grants policy.\n- (a) if the council is satisfied— (i) the grant will be used for a purpose that is in the public interest; and (ii) the community organisation meets the criteria stated in the council’s community grants policy; and\n- (i) the grant will be used for a purpose that is in the public interest; and\n- (ii) the community organisation meets the criteria stated in the council’s community grants policy; and\n- (b) in a way that is consistent with the council’s community grants policy.\n- (i) the grant will be used for a purpose that is in the public interest; and\n- (ii) the community organisation meets the criteria stated in the council’s community grants policy; and","sortOrder":246},{"sectionNumber":"sec.187","sectionType":"section","heading":"Community grants policy","content":"### sec.187 Community grants policy\n\nThe council must prepare and adopt a policy about grants to community organisations (a community grants policy ), which includes the criteria for a community organisation to be eligible for a grant from the council.","sortOrder":247},{"sectionNumber":"ch.5-pt.6","sectionType":"part","heading":"Spending","content":"# Spending","sortOrder":248},{"sectionNumber":"sec.188","sectionType":"section","heading":"Entertainment and hospitality","content":"### sec.188 Entertainment and hospitality\n\nThe council must prepare and adopt a policy about the council’s spending on entertainment or hospitality (an entertainment and hospitality policy ).\nentertaining members of the public in order to promote a council project\nproviding food or beverages to a person who is visiting the council in an official capacity\nproviding food or beverages for a conference, course, meeting, seminar, workshop or another forum that is held by the council for its councillors, employees or other persons\npaying for a councillor or council employee to attend a function as part of the councillor’s or employee’s official duties or obligations as a councillor or council employee\nThe council may spend money on entertainment or hospitality only in a way that is consistent with its entertainment and hospitality policy.\n(sec.188-ssec.1) The council must prepare and adopt a policy about the council’s spending on entertainment or hospitality (an entertainment and hospitality policy ). entertaining members of the public in order to promote a council project providing food or beverages to a person who is visiting the council in an official capacity providing food or beverages for a conference, course, meeting, seminar, workshop or another forum that is held by the council for its councillors, employees or other persons paying for a councillor or council employee to attend a function as part of the councillor’s or employee’s official duties or obligations as a councillor or council employee\n(sec.188-ssec.2) The council may spend money on entertainment or hospitality only in a way that is consistent with its entertainment and hospitality policy.\n- • entertaining members of the public in order to promote a council project\n- • providing food or beverages to a person who is visiting the council in an official capacity\n- • providing food or beverages for a conference, course, meeting, seminar, workshop or another forum that is held by the council for its councillors, employees or other persons\n- • paying for a councillor or council employee to attend a function as part of the councillor’s or employee’s official duties or obligations as a councillor or council employee","sortOrder":249},{"sectionNumber":"sec.189","sectionType":"section","heading":"Advertising spending","content":"### sec.189 Advertising spending\n\nThe council must prepare and adopt a policy about the council’s spending on advertising (an advertising spending policy ).\nThe council may spend money on advertising only—\nif—\nthe advertising is to provide information or education to the public; and\nthe information or education is provided in the public interest; and\nin a way that is consistent with the council’s advertising spending policy.\nAdvertising is promoting, for the payment of a fee, an idea, goods or services to the public.\n(sec.189-ssec.1) The council must prepare and adopt a policy about the council’s spending on advertising (an advertising spending policy ).\n(sec.189-ssec.2) The council may spend money on advertising only— if— the advertising is to provide information or education to the public; and the information or education is provided in the public interest; and in a way that is consistent with the council’s advertising spending policy.\n(sec.189-ssec.3) Advertising is promoting, for the payment of a fee, an idea, goods or services to the public.\n- (a) if— (i) the advertising is to provide information or education to the public; and (ii) the information or education is provided in the public interest; and\n- (i) the advertising is to provide information or education to the public; and\n- (ii) the information or education is provided in the public interest; and\n- (b) in a way that is consistent with the council’s advertising spending policy.\n- (i) the advertising is to provide information or education to the public; and\n- (ii) the information or education is provided in the public interest; and","sortOrder":250},{"sectionNumber":"sec.190","sectionType":"section","heading":"Procurement policy","content":"### sec.190 Procurement policy\n\nThe council must prepare and adopt a policy about procurement (a procurement policy ).\nThe procurement policy must include details of the principles, including the sound contracting principles, that the council will apply in the financial year for purchasing goods and services.\nThe council must review its procurement policy annually.\n(sec.190-ssec.1) The council must prepare and adopt a policy about procurement (a procurement policy ).\n(sec.190-ssec.2) The procurement policy must include details of the principles, including the sound contracting principles, that the council will apply in the financial year for purchasing goods and services.\n(sec.190-ssec.3) The council must review its procurement policy annually.","sortOrder":251},{"sectionNumber":"ch.5-pt.7","sectionType":"part","heading":"Public access to particular documents","content":"# Public access to particular documents","sortOrder":252},{"sectionNumber":"sec.191","sectionType":"section","heading":"Public access to relevant financial and planning documents","content":"### sec.191 Public access to relevant financial and planning documents\n\nThis section applies to the following documents of the council—\ncorporate plan;\nannual budget;\ngeneral purpose financial statement;\ncommunity financial report;\nannual report;\ninvestment policy;\ndebt policy;\ncommunity grants policy;\nprocurement policy.\nThe council must allow the public—\nto inspect the documents—\nat the council’s public office; and\non the council’s website; and\nto purchase copies of the documents from the council.\nThe price for purchasing a copy of a document must be no more than the cost to the council of making the copy available for purchase.\n(sec.191-ssec.1) This section applies to the following documents of the council— corporate plan; annual budget; general purpose financial statement; community financial report; annual report; investment policy; debt policy; community grants policy; procurement policy.\n(sec.191-ssec.2) The council must allow the public— to inspect the documents— at the council’s public office; and on the council’s website; and to purchase copies of the documents from the council.\n(sec.191-ssec.3) The price for purchasing a copy of a document must be no more than the cost to the council of making the copy available for purchase.\n- (a) corporate plan;\n- (b) annual budget;\n- (c) general purpose financial statement;\n- (d) community financial report;\n- (e) annual report;\n- (f) investment policy;\n- (g) debt policy;\n- (h) community grants policy;\n- (i) procurement policy.\n- (a) to inspect the documents— (i) at the council’s public office; and (ii) on the council’s website; and\n- (i) at the council’s public office; and\n- (ii) on the council’s website; and\n- (b) to purchase copies of the documents from the council.\n- (i) at the council’s public office; and\n- (ii) on the council’s website; and","sortOrder":253},{"sectionNumber":"ch.5-pt.8","sectionType":"part","heading":"Council’s funds and accounts","content":"# Council’s funds and accounts","sortOrder":254},{"sectionNumber":"ch.5-pt.8-div.1","sectionType":"division","heading":"Trust fund","content":"## Trust fund","sortOrder":255},{"sectionNumber":"sec.192","sectionType":"section","heading":"Trust fund","content":"### sec.192 Trust fund\n\nThe council must establish a trust fund.\nA trust fund is a fund that is credited with trust money.\nTrust money is money that is—\npaid to the council in trust for a person; or\npaid to the council as a deposit; or\nrequired by an Act to be credited to a trust fund; or\ninterest accrued on money that was paid to the council under paragraphs (a) to (c) , whether or not the money was required to be paid to the council, unless the council and the depositor have agreed the interest accrued should be paid to an entity other than the council.\nThe council must deposit trust money in a financial institution account.\nThe council must not allow a financial institution account in which trust money has been deposited to be overdrawn at any time.\nThe council must, at least monthly, reconcile the assets of the trust fund with the liabilities of the trust fund.\n(sec.192-ssec.1) The council must establish a trust fund.\n(sec.192-ssec.2) A trust fund is a fund that is credited with trust money.\n(sec.192-ssec.3) Trust money is money that is— paid to the council in trust for a person; or paid to the council as a deposit; or required by an Act to be credited to a trust fund; or interest accrued on money that was paid to the council under paragraphs (a) to (c) , whether or not the money was required to be paid to the council, unless the council and the depositor have agreed the interest accrued should be paid to an entity other than the council.\n(sec.192-ssec.4) The council must deposit trust money in a financial institution account.\n(sec.192-ssec.5) The council must not allow a financial institution account in which trust money has been deposited to be overdrawn at any time.\n(sec.192-ssec.6) The council must, at least monthly, reconcile the assets of the trust fund with the liabilities of the trust fund.\n- (a) paid to the council in trust for a person; or\n- (b) paid to the council as a deposit; or\n- (c) required by an Act to be credited to a trust fund; or\n- (d) interest accrued on money that was paid to the council under paragraphs (a) to (c) , whether or not the money was required to be paid to the council, unless the council and the depositor have agreed the interest accrued should be paid to an entity other than the council.","sortOrder":256},{"sectionNumber":"sec.193","sectionType":"section","heading":"Transferring money to or from a trust fund","content":"### sec.193 Transferring money to or from a trust fund\n\nThe council may transfer trust money from a trust fund only in compliance with this section.\nThe council may transfer trust money from a trust fund—\nto, or for, the person who is entitled to the money, according to law; or\nas required by the relevant Act under which the money was paid into the trust fund.\nIf the purpose for which an amount of trust money was credited to the trust fund no longer exists, the council may, if it has resolved the purpose no longer exists, transfer the amount from the trust fund.\nIf an amount of trust money is mistakenly not credited to the trust fund, the council must transfer the amount to the trust fund as soon as practicable, but no longer than 5 working days, after the council becomes aware the amount has been incorrectly credited.\nIf an amount that is not trust money is mistakenly credited to the trust fund, the council must transfer the amount from the fund as soon as practicable, but no longer than 5 working days, after the council becomes aware the amount has been incorrectly credited.\nMoney that is trust money under section 192 (3) (d) may be transferred from the trust fund at any time.\n(sec.193-ssec.1) The council may transfer trust money from a trust fund only in compliance with this section.\n(sec.193-ssec.2) The council may transfer trust money from a trust fund— to, or for, the person who is entitled to the money, according to law; or as required by the relevant Act under which the money was paid into the trust fund.\n(sec.193-ssec.3) If the purpose for which an amount of trust money was credited to the trust fund no longer exists, the council may, if it has resolved the purpose no longer exists, transfer the amount from the trust fund.\n(sec.193-ssec.4) If an amount of trust money is mistakenly not credited to the trust fund, the council must transfer the amount to the trust fund as soon as practicable, but no longer than 5 working days, after the council becomes aware the amount has been incorrectly credited.\n(sec.193-ssec.5) If an amount that is not trust money is mistakenly credited to the trust fund, the council must transfer the amount from the fund as soon as practicable, but no longer than 5 working days, after the council becomes aware the amount has been incorrectly credited.\n(sec.193-ssec.6) Money that is trust money under section 192 (3) (d) may be transferred from the trust fund at any time.\n- (a) to, or for, the person who is entitled to the money, according to law; or\n- (b) as required by the relevant Act under which the money was paid into the trust fund.","sortOrder":257},{"sectionNumber":"ch.5-pt.8-div.2","sectionType":"division","heading":"Discretionary funds","content":"## Discretionary funds","sortOrder":258},{"sectionNumber":"sec.193A","sectionType":"section","heading":"Purpose of division","content":"### sec.193A Purpose of division\n\nThis division—\nprovides for how the council may make discretionary funds available; and\nprescribes, for section 106 of the Act , requirements for a councillor for using discretionary funds.\ns 193A ins 2019 SL No. 229 s 7\n- (a) provides for how the council may make discretionary funds available; and\n- (b) prescribes, for section 106 of the Act , requirements for a councillor for using discretionary funds.","sortOrder":259},{"sectionNumber":"sec.193B","sectionType":"section","heading":"Requirements for council about discretionary funds","content":"### sec.193B Requirements for council about discretionary funds\n\nThe council may, for a financial year, budget an amount of discretionary funds for use by councillors for either or both of the following purposes—\ncapital works of the council that are for a community purpose;\nother community purposes.\nHowever, the amount the council budgets as discretionary funds for a financial year under subsection (1) (b) must not be more than the prescribed amount for the financial year.\nThe amount of discretionary funds the council budgets for allocation by each councillor in a financial year must be the same for all councillors.\nThe council must, within 20 business days after adopting its budget for a financial year, make publicly available a notice (the availability notice ) stating—\nthe total amount budgeted for the financial year as the council’s discretionary funds; and\nthe prescribed amount for the council for the financial year; and\nthe total amount of discretionary funds budgeted for the financial year for councillors to allocate for each of the following purposes—\ncapital works of the council that are for a community purpose;\nother community purposes; and\nthe amount of discretionary funds budgeted for use by each councillor for the financial year for each of the following purposes—\ncapital works of the council that are for a community purpose;\nother community purposes; and\nhow community organisations may apply for allocation of the funds.\nIn this section—\nprescribed amount , for a financial year, means 0.1% of the council’s revenue from general rates for the previous financial year.\ns 193B ins 2019 SL No. 229 s 7\n(sec.193B-ssec.1) The council may, for a financial year, budget an amount of discretionary funds for use by councillors for either or both of the following purposes— capital works of the council that are for a community purpose; other community purposes.\n(sec.193B-ssec.2) However, the amount the council budgets as discretionary funds for a financial year under subsection (1) (b) must not be more than the prescribed amount for the financial year.\n(sec.193B-ssec.3) The amount of discretionary funds the council budgets for allocation by each councillor in a financial year must be the same for all councillors.\n(sec.193B-ssec.4) The council must, within 20 business days after adopting its budget for a financial year, make publicly available a notice (the availability notice ) stating— the total amount budgeted for the financial year as the council’s discretionary funds; and the prescribed amount for the council for the financial year; and the total amount of discretionary funds budgeted for the financial year for councillors to allocate for each of the following purposes— capital works of the council that are for a community purpose; other community purposes; and the amount of discretionary funds budgeted for use by each councillor for the financial year for each of the following purposes— capital works of the council that are for a community purpose; other community purposes; and how community organisations may apply for allocation of the funds.\n(sec.193B-ssec.5) In this section— prescribed amount , for a financial year, means 0.1% of the council’s revenue from general rates for the previous financial year.\n- (a) capital works of the council that are for a community purpose;\n- (b) other community purposes.\n- (a) the total amount budgeted for the financial year as the council’s discretionary funds; and\n- (b) the prescribed amount for the council for the financial year; and\n- (c) the total amount of discretionary funds budgeted for the financial year for councillors to allocate for each of the following purposes— (i) capital works of the council that are for a community purpose; (ii) other community purposes; and\n- (i) capital works of the council that are for a community purpose;\n- (ii) other community purposes; and\n- (d) the amount of discretionary funds budgeted for use by each councillor for the financial year for each of the following purposes— (i) capital works of the council that are for a community purpose; (ii) other community purposes; and\n- (i) capital works of the council that are for a community purpose;\n- (ii) other community purposes; and\n- (e) how community organisations may apply for allocation of the funds.\n- (i) capital works of the council that are for a community purpose;\n- (ii) other community purposes; and\n- (i) capital works of the council that are for a community purpose;\n- (ii) other community purposes; and","sortOrder":260},{"sectionNumber":"sec.194","sectionType":"section","heading":"Requirements for councillors about discretionary funds— Act , s 106","content":"### sec.194 Requirements for councillors about discretionary funds— Act , s 106\n\nA councillor may allocate the councillor’s discretionary funds under this section in any of the following ways—\nfor capital works of the council that are for a community purpose;\nto a community organisation for a community purpose;\nfor another community purpose.\nA councillor may make an allocation under subsection (1) (a) only if—\nthe Establishment and Coordination Committee has approved the allocation before it is made; and\nthe amount stated in the availability notice under section 193B (4) (d) (i) is not exceeded if the allocation is made.\nA councillor may make an allocation under subsection (1) (b) only if—\nthe funds are allocated—\nto a community organisation that has applied for the funds in the way stated in the availability notice under section 193B (4) ; and\nin a way that is consistent with the council’s community grants policy; and\nthe amount stated in the availability notice under section 193B (4) (d) (ii) is not exceeded if the allocation is made.\nA councillor may make an allocation under subsection (1) (c) only if the amount stated in the availability notice under section 193B (4) (d) (ii) is not exceeded if the allocation is made.\nA councillor—\nmay allocate the councillor’s discretionary funds only in the financial year for which the funds are budgeted; and\nmust not allocate the councillor’s discretionary funds for supplying administrative or support services for performing the councillor’s responsibilities under the Act .\nIn deciding whether to approve an allocation under subsection (2) (a) , the Establishment and Coordination Committee must have regard to the council’s corporate plan, long-term asset management plan and annual budget.\ns 194 amd 2019 SL No. 229 s 4\nsub 2019 SL No. 229 s 7\namd 2025 SL No. 161 s 7\n(sec.194-ssec.1) A councillor may allocate the councillor’s discretionary funds under this section in any of the following ways— for capital works of the council that are for a community purpose; to a community organisation for a community purpose; for another community purpose.\n(sec.194-ssec.2) A councillor may make an allocation under subsection (1) (a) only if— the Establishment and Coordination Committee has approved the allocation before it is made; and the amount stated in the availability notice under section 193B (4) (d) (i) is not exceeded if the allocation is made.\n(sec.194-ssec.3) A councillor may make an allocation under subsection (1) (b) only if— the funds are allocated— to a community organisation that has applied for the funds in the way stated in the availability notice under section 193B (4) ; and in a way that is consistent with the council’s community grants policy; and the amount stated in the availability notice under section 193B (4) (d) (ii) is not exceeded if the allocation is made.\n(sec.194-ssec.4) A councillor may make an allocation under subsection (1) (c) only if the amount stated in the availability notice under section 193B (4) (d) (ii) is not exceeded if the allocation is made.\n(sec.194-ssec.5) A councillor— may allocate the councillor’s discretionary funds only in the financial year for which the funds are budgeted; and must not allocate the councillor’s discretionary funds for supplying administrative or support services for performing the councillor’s responsibilities under the Act .\n(sec.194-ssec.6) In deciding whether to approve an allocation under subsection (2) (a) , the Establishment and Coordination Committee must have regard to the council’s corporate plan, long-term asset management plan and annual budget.\n- (a) for capital works of the council that are for a community purpose;\n- (b) to a community organisation for a community purpose;\n- (c) for another community purpose.\n- (a) the Establishment and Coordination Committee has approved the allocation before it is made; and\n- (b) the amount stated in the availability notice under section 193B (4) (d) (i) is not exceeded if the allocation is made.\n- (a) the funds are allocated— (i) to a community organisation that has applied for the funds in the way stated in the availability notice under section 193B (4) ; and (ii) in a way that is consistent with the council’s community grants policy; and\n- (i) to a community organisation that has applied for the funds in the way stated in the availability notice under section 193B (4) ; and\n- (ii) in a way that is consistent with the council’s community grants policy; and\n- (b) the amount stated in the availability notice under section 193B (4) (d) (ii) is not exceeded if the allocation is made.\n- (i) to a community organisation that has applied for the funds in the way stated in the availability notice under section 193B (4) ; and\n- (ii) in a way that is consistent with the council’s community grants policy; and\n- (a) may allocate the councillor’s discretionary funds only in the financial year for which the funds are budgeted; and\n- (b) must not allocate the councillor’s discretionary funds for supplying administrative or support services for performing the councillor’s responsibilities under the Act .","sortOrder":261},{"sectionNumber":"sec.194A","sectionType":"section","heading":"Requirements for notice of allocation","content":"### sec.194A Requirements for notice of allocation\n\nWithin 7 business days after a councillor allocates an amount of discretionary funds under section 194 , the councillor must give the chief executive officer a notice about the allocation stating—\nthe amount allocated; and\nthe date the amount was allocated; and\nthe way mentioned in section 194 (1) in which the amount was allocated; and\nif the amount was allocated to a person or organisation—the name of the person or organisation to whom the allocation was made; and\nthe purpose for which the amount was allocated, including sufficient details to identify how the funds were, or are to be, spent.\nMaximum penalty—10 penalty units.\nTo remove any doubt, it is declared that the requirement to give the chief executive officer a notice about the allocation under subsection (1) continues to apply to a person who—\nwas a councillor when the allocation was made; and\nstops being a councillor before the notice is given.\nWithin 7 business days after the chief executive officer is given a notice under subsection (1) , the council must publish the notice on its website.\ns 194A ins 2019 SL No. 229 s 7\namd 2025 SL No. 161 s 8\n(sec.194A-ssec.1) Within 7 business days after a councillor allocates an amount of discretionary funds under section 194 , the councillor must give the chief executive officer a notice about the allocation stating— the amount allocated; and the date the amount was allocated; and the way mentioned in section 194 (1) in which the amount was allocated; and if the amount was allocated to a person or organisation—the name of the person or organisation to whom the allocation was made; and the purpose for which the amount was allocated, including sufficient details to identify how the funds were, or are to be, spent. Maximum penalty—10 penalty units.\n(sec.194A-ssec.2) To remove any doubt, it is declared that the requirement to give the chief executive officer a notice about the allocation under subsection (1) continues to apply to a person who— was a councillor when the allocation was made; and stops being a councillor before the notice is given.\n(sec.194A-ssec.3) Within 7 business days after the chief executive officer is given a notice under subsection (1) , the council must publish the notice on its website.\n- (a) the amount allocated; and\n- (b) the date the amount was allocated; and\n- (c) the way mentioned in section 194 (1) in which the amount was allocated; and\n- (d) if the amount was allocated to a person or organisation—the name of the person or organisation to whom the allocation was made; and\n- (e) the purpose for which the amount was allocated, including sufficient details to identify how the funds were, or are to be, spent.\n- (a) was a councillor when the allocation was made; and\n- (b) stops being a councillor before the notice is given.","sortOrder":262},{"sectionNumber":"ch.5-pt.9","sectionType":"part","heading":"Accounting records","content":"# Accounting records","sortOrder":263},{"sectionNumber":"sec.195","sectionType":"section","heading":"Accounting records for funds generally","content":"### sec.195 Accounting records for funds generally\n\nThe council must establish separate accounting records for—\nits operations; and\nits trust fund.\nThe accounting records for a financial year must give a comparison with its annual budget for the financial year.\n(sec.195-ssec.1) The council must establish separate accounting records for— its operations; and its trust fund.\n(sec.195-ssec.2) The accounting records for a financial year must give a comparison with its annual budget for the financial year.\n- (a) its operations; and\n- (b) its trust fund.","sortOrder":264},{"sectionNumber":"sec.196","sectionType":"section","heading":"Financial report","content":"### sec.196 Financial report\n\nThe council must prepare a financial report for each month.\nThe chief executive officer must present the financial reports at least quarterly at meetings of the council.\nThe financial reports presented at a meeting of the council must state the progress that has been made in relation to the council’s budget for the period of the financial year up to a day as near as practicable to the end of the month before the meeting is held.\n(sec.196-ssec.1) The council must prepare a financial report for each month.\n(sec.196-ssec.2) The chief executive officer must present the financial reports at least quarterly at meetings of the council.\n(sec.196-ssec.3) The financial reports presented at a meeting of the council must state the progress that has been made in relation to the council’s budget for the period of the financial year up to a day as near as practicable to the end of the month before the meeting is held.","sortOrder":265},{"sectionNumber":"sec.197","sectionType":"section","heading":"Statement of estimated financial position","content":"### sec.197 Statement of estimated financial position\n\nThe chief executive officer must present the council’s annual budget meeting with a statement of estimated financial position.\nA statement of estimated financial position is a document stating the financial operations, and financial position, of the council for the previous financial year.\n(sec.197-ssec.1) The chief executive officer must present the council’s annual budget meeting with a statement of estimated financial position.\n(sec.197-ssec.2) A statement of estimated financial position is a document stating the financial operations, and financial position, of the council for the previous financial year.","sortOrder":266},{"sectionNumber":"ch.5-pt.10","sectionType":"part","heading":"Asset accounting","content":"# Asset accounting","sortOrder":267},{"sectionNumber":"sec.198","sectionType":"section","heading":"Valuation of non-current physical assets","content":"### sec.198 Valuation of non-current physical assets\n\nThe value of the council’s non-current physical assets must be worked out using the prescribed accounting standards.\nThe council must, by resolution, set an amount for each different type of non-current physical asset below which the value of an asset of the same type must be treated as an expense.\nThe amount must be included in a note in the council’s general purpose financial statement.\nFor subsection (2) , the following assets that are controlled by the council do not have a value for the council’s general purpose financial statement—\nland that is a reserve under the Land Act ;\na road that is not owned by the council.\n(sec.198-ssec.1) The value of the council’s non-current physical assets must be worked out using the prescribed accounting standards.\n(sec.198-ssec.2) The council must, by resolution, set an amount for each different type of non-current physical asset below which the value of an asset of the same type must be treated as an expense.\n(sec.198-ssec.3) The amount must be included in a note in the council’s general purpose financial statement.\n(sec.198-ssec.4) For subsection (2) , the following assets that are controlled by the council do not have a value for the council’s general purpose financial statement— land that is a reserve under the Land Act ; a road that is not owned by the council.\n- (a) land that is a reserve under the Land Act ;\n- (b) a road that is not owned by the council.","sortOrder":268},{"sectionNumber":"ch.5-pt.11","sectionType":"part","heading":"Auditing","content":"# Auditing","sortOrder":269},{"sectionNumber":"ch.5-pt.11-div.1","sectionType":"division","heading":"Internal audit function","content":"## Internal audit function","sortOrder":270},{"sectionNumber":"sec.199","sectionType":"section","heading":"Internal audit","content":"### sec.199 Internal audit\n\nFor each financial year, the council must—\nprepare an internal audit plan; and\ncarry out an internal audit; and\nprepare a progress report for the internal audit; and\nassess compliance with the internal audit plan.\nThe council’s internal audit plan is a document that includes statements about—\nthe way in which the operational risks have been evaluated; and\nthe most significant operational risks identified from the evaluation; and\nthe control measures that the council has adopted, or is to adopt, to manage the most significant operational risks.\nThe council must give its audit committee—\nthe progress report mentioned in subsection (1) (c) ; and\nat least twice during the year after the internal audit is carried out, each of the following documents—\na summary of the recommendations stated in the report;\na summary of the actions that have been taken by the council in response to the recommendations;\na summary of any actions that have not been taken by the council in response to the recommendations.\n(sec.199-ssec.1) For each financial year, the council must— prepare an internal audit plan; and carry out an internal audit; and prepare a progress report for the internal audit; and assess compliance with the internal audit plan.\n(sec.199-ssec.2) The council’s internal audit plan is a document that includes statements about— the way in which the operational risks have been evaluated; and the most significant operational risks identified from the evaluation; and the control measures that the council has adopted, or is to adopt, to manage the most significant operational risks.\n(sec.199-ssec.3) The council must give its audit committee— the progress report mentioned in subsection (1) (c) ; and at least twice during the year after the internal audit is carried out, each of the following documents— a summary of the recommendations stated in the report; a summary of the actions that have been taken by the council in response to the recommendations; a summary of any actions that have not been taken by the council in response to the recommendations.\n- (a) prepare an internal audit plan; and\n- (b) carry out an internal audit; and\n- (c) prepare a progress report for the internal audit; and\n- (d) assess compliance with the internal audit plan.\n- (a) the way in which the operational risks have been evaluated; and\n- (b) the most significant operational risks identified from the evaluation; and\n- (c) the control measures that the council has adopted, or is to adopt, to manage the most significant operational risks.\n- (a) the progress report mentioned in subsection (1) (c) ; and\n- (b) at least twice during the year after the internal audit is carried out, each of the following documents— (i) a summary of the recommendations stated in the report; (ii) a summary of the actions that have been taken by the council in response to the recommendations; (iii) a summary of any actions that have not been taken by the council in response to the recommendations.\n- (i) a summary of the recommendations stated in the report;\n- (ii) a summary of the actions that have been taken by the council in response to the recommendations;\n- (iii) a summary of any actions that have not been taken by the council in response to the recommendations.\n- (i) a summary of the recommendations stated in the report;\n- (ii) a summary of the actions that have been taken by the council in response to the recommendations;\n- (iii) a summary of any actions that have not been taken by the council in response to the recommendations.","sortOrder":271},{"sectionNumber":"sec.200","sectionType":"section","heading":"Establishment and composition of audit committee","content":"### sec.200 Establishment and composition of audit committee\n\nThe council must establish an audit committee that—\nconsists of at least 3 and no more than 6 members; and\nincludes at least 1 member who has significant experience and skills in financial matters.\nThe audit committee may also include 2, but no more than 2, councillors appointed by the council.\nThe chief executive officer can not be a member of the audit committee but can attend meetings of the committee.\nThe council must appoint 1 of the members of the audit committee, other than a person appointed under subsection (2) , as chairperson.\n(sec.200-ssec.1) The council must establish an audit committee that— consists of at least 3 and no more than 6 members; and includes at least 1 member who has significant experience and skills in financial matters.\n(sec.200-ssec.2) The audit committee may also include 2, but no more than 2, councillors appointed by the council.\n(sec.200-ssec.3) The chief executive officer can not be a member of the audit committee but can attend meetings of the committee.\n(sec.200-ssec.4) The council must appoint 1 of the members of the audit committee, other than a person appointed under subsection (2) , as chairperson.\n- (a) consists of at least 3 and no more than 6 members; and\n- (b) includes at least 1 member who has significant experience and skills in financial matters.","sortOrder":272},{"sectionNumber":"sec.201","sectionType":"section","heading":"Audit committee meetings","content":"### sec.201 Audit committee meetings\n\nThe audit committee must—\nmeet at least twice each financial year; and\nreview each of the following matters—\nthe internal audit plan for the internal audit for the current financial year;\nthe internal audit progress report for the internal audit for the preceding financial year including the recommendations in the report and the actions to which the recommendations relate;\na draft of the council’s financial statements for the preceding financial year before the statements are certified and given to the auditor-general under section 202 ;\nthe auditor-general’s audit report and auditor-general’s observation report about the council’s financial statements for the preceding financial year; and\nas soon as practicable after a meeting of the committee, give the council a written report about the matters reviewed at the meeting and the committee’s recommendations about the matters.\nAt a meeting of the audit committee—\na quorum is at least half the number of members of the committee; and\nIf the committee consists of 4 members, a quorum is 2.\nIf the committee consists of 5 members, a quorum is 3.\neither—\nthe chairperson presides; or\nif the chairperson is absent, the member chosen by the members present as chairperson for the meeting presides.\nThe audit committee may, for performing its functions under subsection (1) (b) , seek information or advice from the person who has carried out the internal audit.\nThe chief executive officer must present the report mentioned in subsection (1) (c) at the next meeting of the council.\n(sec.201-ssec.1) The audit committee must— meet at least twice each financial year; and review each of the following matters— the internal audit plan for the internal audit for the current financial year; the internal audit progress report for the internal audit for the preceding financial year including the recommendations in the report and the actions to which the recommendations relate; a draft of the council’s financial statements for the preceding financial year before the statements are certified and given to the auditor-general under section 202 ; the auditor-general’s audit report and auditor-general’s observation report about the council’s financial statements for the preceding financial year; and as soon as practicable after a meeting of the committee, give the council a written report about the matters reviewed at the meeting and the committee’s recommendations about the matters.\n(sec.201-ssec.2) At a meeting of the audit committee— a quorum is at least half the number of members of the committee; and If the committee consists of 4 members, a quorum is 2. If the committee consists of 5 members, a quorum is 3. either— the chairperson presides; or if the chairperson is absent, the member chosen by the members present as chairperson for the meeting presides.\n(sec.201-ssec.3) The audit committee may, for performing its functions under subsection (1) (b) , seek information or advice from the person who has carried out the internal audit.\n(sec.201-ssec.4) The chief executive officer must present the report mentioned in subsection (1) (c) at the next meeting of the council.\n- (a) meet at least twice each financial year; and\n- (b) review each of the following matters— (i) the internal audit plan for the internal audit for the current financial year; (ii) the internal audit progress report for the internal audit for the preceding financial year including the recommendations in the report and the actions to which the recommendations relate; (iii) a draft of the council’s financial statements for the preceding financial year before the statements are certified and given to the auditor-general under section 202 ; (iv) the auditor-general’s audit report and auditor-general’s observation report about the council’s financial statements for the preceding financial year; and\n- (i) the internal audit plan for the internal audit for the current financial year;\n- (ii) the internal audit progress report for the internal audit for the preceding financial year including the recommendations in the report and the actions to which the recommendations relate;\n- (iii) a draft of the council’s financial statements for the preceding financial year before the statements are certified and given to the auditor-general under section 202 ;\n- (iv) the auditor-general’s audit report and auditor-general’s observation report about the council’s financial statements for the preceding financial year; and\n- (c) as soon as practicable after a meeting of the committee, give the council a written report about the matters reviewed at the meeting and the committee’s recommendations about the matters.\n- (i) the internal audit plan for the internal audit for the current financial year;\n- (ii) the internal audit progress report for the internal audit for the preceding financial year including the recommendations in the report and the actions to which the recommendations relate;\n- (iii) a draft of the council’s financial statements for the preceding financial year before the statements are certified and given to the auditor-general under section 202 ;\n- (iv) the auditor-general’s audit report and auditor-general’s observation report about the council’s financial statements for the preceding financial year; and\n- (a) a quorum is at least half the number of members of the committee; and Examples— 1 If the committee consists of 4 members, a quorum is 2. 2 If the committee consists of 5 members, a quorum is 3.\n- 1 If the committee consists of 4 members, a quorum is 2.\n- 2 If the committee consists of 5 members, a quorum is 3.\n- (b) either— (i) the chairperson presides; or (ii) if the chairperson is absent, the member chosen by the members present as chairperson for the meeting presides.\n- (i) the chairperson presides; or\n- (ii) if the chairperson is absent, the member chosen by the members present as chairperson for the meeting presides.\n- 1 If the committee consists of 4 members, a quorum is 2.\n- 2 If the committee consists of 5 members, a quorum is 3.\n- (i) the chairperson presides; or\n- (ii) if the chairperson is absent, the member chosen by the members present as chairperson for the meeting presides.","sortOrder":273},{"sectionNumber":"ch.5-pt.11-div.2","sectionType":"division","heading":"External auditing","content":"## External auditing","sortOrder":274},{"sectionNumber":"sec.202","sectionType":"section","heading":"Auditing of financial statements by auditor-general","content":"### sec.202 Auditing of financial statements by auditor-general\n\nThe council’s general purpose financial statement and current-year financial sustainability statement for a financial year must be given to the auditor-general for auditing.\nAlso, the council’s long-term financial sustainability statement for the financial year must be given to the auditor-general for information.\nThe financial statements mentioned in subsections (1) and (2) must be given to the auditor-general by a date agreed between the chief executive officer and the auditor-general.\nThe date agreed under subsection (3) must allow the audit of the financial statements, and the auditor-general’s audit report about the statements, to be completed no later than 4 months after the end of the financial year to which the statements relate.\nThe financial statements given to the auditor-general must be accompanied by a certificate in the approved form given by the mayor and chief executive officer, certifying whether, in their opinion—\nin relation to the general purpose financial statement—\nany requirements prescribed under the Act or another Act for establishing and keeping the council’s accounts have been complied with in all material respects; and\nthe statement presents a true and fair view, in compliance with the prescribed accounting standards, of the council’s transactions for the financial year and financial position at the end of the year; and\nin relation to the current-year financial sustainability statement and the long-term financial sustainability statement—the statements have been accurately calculated.\nSubsection (7) applies if the Minister considers there are extraordinary circumstances that make it impractical for the council to give the auditor-general its financial statements by a date that would allow the audit and report to be completed within the time stated in subsection (4) .\nThe Minister may, by notice to the council, decide later dates by which the statements must be given and the audit and report must be completed.\n(sec.202-ssec.1) The council’s general purpose financial statement and current-year financial sustainability statement for a financial year must be given to the auditor-general for auditing.\n(sec.202-ssec.2) Also, the council’s long-term financial sustainability statement for the financial year must be given to the auditor-general for information.\n(sec.202-ssec.3) The financial statements mentioned in subsections (1) and (2) must be given to the auditor-general by a date agreed between the chief executive officer and the auditor-general.\n(sec.202-ssec.4) The date agreed under subsection (3) must allow the audit of the financial statements, and the auditor-general’s audit report about the statements, to be completed no later than 4 months after the end of the financial year to which the statements relate.\n(sec.202-ssec.5) The financial statements given to the auditor-general must be accompanied by a certificate in the approved form given by the mayor and chief executive officer, certifying whether, in their opinion— in relation to the general purpose financial statement— any requirements prescribed under the Act or another Act for establishing and keeping the council’s accounts have been complied with in all material respects; and the statement presents a true and fair view, in compliance with the prescribed accounting standards, of the council’s transactions for the financial year and financial position at the end of the year; and in relation to the current-year financial sustainability statement and the long-term financial sustainability statement—the statements have been accurately calculated.\n(sec.202-ssec.6) Subsection (7) applies if the Minister considers there are extraordinary circumstances that make it impractical for the council to give the auditor-general its financial statements by a date that would allow the audit and report to be completed within the time stated in subsection (4) .\n(sec.202-ssec.7) The Minister may, by notice to the council, decide later dates by which the statements must be given and the audit and report must be completed.\n- (a) in relation to the general purpose financial statement— (i) any requirements prescribed under the Act or another Act for establishing and keeping the council’s accounts have been complied with in all material respects; and (ii) the statement presents a true and fair view, in compliance with the prescribed accounting standards, of the council’s transactions for the financial year and financial position at the end of the year; and\n- (i) any requirements prescribed under the Act or another Act for establishing and keeping the council’s accounts have been complied with in all material respects; and\n- (ii) the statement presents a true and fair view, in compliance with the prescribed accounting standards, of the council’s transactions for the financial year and financial position at the end of the year; and\n- (b) in relation to the current-year financial sustainability statement and the long-term financial sustainability statement—the statements have been accurately calculated.\n- (i) any requirements prescribed under the Act or another Act for establishing and keeping the council’s accounts have been complied with in all material respects; and\n- (ii) the statement presents a true and fair view, in compliance with the prescribed accounting standards, of the council’s transactions for the financial year and financial position at the end of the year; and","sortOrder":275},{"sectionNumber":"sec.203","sectionType":"section","heading":"Presentation of auditor-general’s observation report","content":"### sec.203 Presentation of auditor-general’s observation report\n\nThis section applies if the auditor-general gives the mayor a copy of the auditor-general’s observation report about an audit of the council’s financial statements.\nAn auditor-general’s observation report , about an audit of the council’s financial statements, is a report about the audit prepared under section 54 of the Auditor-General Act 2009 that includes observations and suggestions made by the auditor-general about anything arising out of the audit.\nThe mayor must present a copy of the report at the next ordinary meeting of the council.\n(sec.203-ssec.1) This section applies if the auditor-general gives the mayor a copy of the auditor-general’s observation report about an audit of the council’s financial statements.\n(sec.203-ssec.2) An auditor-general’s observation report , about an audit of the council’s financial statements, is a report about the audit prepared under section 54 of the Auditor-General Act 2009 that includes observations and suggestions made by the auditor-general about anything arising out of the audit.\n(sec.203-ssec.3) The mayor must present a copy of the report at the next ordinary meeting of the council.","sortOrder":276},{"sectionNumber":"ch.5-pt.11-div.3","sectionType":"division","heading":"Controlled entities","content":"## Controlled entities","sortOrder":277},{"sectionNumber":"sec.203A","sectionType":"section","heading":"Notices for notifiable events and governing documents","content":"### sec.203A Notices for notifiable events and governing documents\n\nSubsection (2) applies if—\na controlled entity of the council is established or abolished (a notifiable event ); or\nan entity becomes a controlled entity, or stops being a controlled entity, of the council (also a notifiable event ).\nThe council must, within 14 days after the notifiable event happens, give the Minister—\na notice stating the following—\nthe name of the controlled entity;\na description of the notifiable event;\nwhen the notifiable event happened; and\nany documents, including governing documents, about the controlled entity that the council considers to be relevant to the notifiable event.\nIf a governing document of a controlled entity of the council changes, the council must, within 14 days of the change happening, give the Minister—\na notice stating details of the change; and\na copy of the governing document as amended.\nIn this section—\ngoverning document , of a controlled entity, means a document that governs the activities of the controlled entity or the members of the controlled entity.\nthe constitution of the controlled entity, a statement of corporate intent\ns 203A ins 2020 SL No. 244 s 14\n(sec.203A-ssec.1) Subsection (2) applies if— a controlled entity of the council is established or abolished (a notifiable event ); or an entity becomes a controlled entity, or stops being a controlled entity, of the council (also a notifiable event ).\n(sec.203A-ssec.2) The council must, within 14 days after the notifiable event happens, give the Minister— a notice stating the following— the name of the controlled entity; a description of the notifiable event; when the notifiable event happened; and any documents, including governing documents, about the controlled entity that the council considers to be relevant to the notifiable event.\n(sec.203A-ssec.3) If a governing document of a controlled entity of the council changes, the council must, within 14 days of the change happening, give the Minister— a notice stating details of the change; and a copy of the governing document as amended.\n(sec.203A-ssec.4) In this section— governing document , of a controlled entity, means a document that governs the activities of the controlled entity or the members of the controlled entity. the constitution of the controlled entity, a statement of corporate intent\n- (a) a controlled entity of the council is established or abolished (a notifiable event ); or\n- (b) an entity becomes a controlled entity, or stops being a controlled entity, of the council (also a notifiable event ).\n- (a) a notice stating the following— (i) the name of the controlled entity; (ii) a description of the notifiable event; (iii) when the notifiable event happened; and\n- (i) the name of the controlled entity;\n- (ii) a description of the notifiable event;\n- (iii) when the notifiable event happened; and\n- (b) any documents, including governing documents, about the controlled entity that the council considers to be relevant to the notifiable event.\n- (i) the name of the controlled entity;\n- (ii) a description of the notifiable event;\n- (iii) when the notifiable event happened; and\n- (a) a notice stating details of the change; and\n- (b) a copy of the governing document as amended.","sortOrder":278},{"sectionNumber":"sec.203B","sectionType":"section","heading":"Council to obtain copy of audited financial statements of controlled entities","content":"### sec.203B Council to obtain copy of audited financial statements of controlled entities\n\nThis section applies if the financial statements of a controlled entity of the council are audited under the Auditor-General Act 2009 .\nThe council must obtain a copy of the audited financial statements of the controlled entity from—\nthe controlled entity; or\nif the controlled entity is subject to the control of another entity and the other entity is subject to the control of the council—the other entity.\nThe mayor must present the copy of the audited financial statements at the next ordinary meeting of the council.\nThe council must ensure that, within 14 days after the copy of the audited financial statements is presented at the meeting, the copy is, or a link to the copy is, published on the council’s website.\ns 203B ins 2020 SL No. 244 s 14\n(sec.203B-ssec.1) This section applies if the financial statements of a controlled entity of the council are audited under the Auditor-General Act 2009 .\n(sec.203B-ssec.2) The council must obtain a copy of the audited financial statements of the controlled entity from— the controlled entity; or if the controlled entity is subject to the control of another entity and the other entity is subject to the control of the council—the other entity.\n(sec.203B-ssec.3) The mayor must present the copy of the audited financial statements at the next ordinary meeting of the council.\n(sec.203B-ssec.4) The council must ensure that, within 14 days after the copy of the audited financial statements is presented at the meeting, the copy is, or a link to the copy is, published on the council’s website.\n- (a) the controlled entity; or\n- (b) if the controlled entity is subject to the control of another entity and the other entity is subject to the control of the council—the other entity.","sortOrder":279},{"sectionNumber":"ch.5-pt.12","sectionType":"part","heading":"Other matters","content":"# Other matters","sortOrder":280},{"sectionNumber":"sec.204","sectionType":"section","heading":"Insurance","content":"### sec.204 Insurance\n\nThe council must maintain the following insurance—\npublic liability insurance for at least $30m;\nprofessional indemnity insurance for at least $10m.\n- (a) public liability insurance for at least $30m;\n- (b) professional indemnity insurance for at least $10m.","sortOrder":281},{"sectionNumber":"sec.205","sectionType":"section","heading":"Notice of payment of notional GST","content":"### sec.205 Notice of payment of notional GST\n\nThe council must, no later than 15 September in each financial year, give the department’s chief executive a notice stating that the council has paid notional GST for the previous financial year.","sortOrder":282},{"sectionNumber":"ch.6-pt.1","sectionType":"part","heading":"Introduction","content":"# Introduction","sortOrder":283},{"sectionNumber":"sec.206","sectionType":"section","heading":"What ch 6 is about","content":"### sec.206 What ch 6 is about\n\nThis chapter is about the council’s activities for the making of a contract for—\nthe supply of goods or services; or\nthe disposal of non-current assets.\nHowever, this chapter does not apply to the council making a contract of employment with a council employee.\ns 206 amd 2013 SL No. 273 s 7\n(sec.206-ssec.1) This chapter is about the council’s activities for the making of a contract for— the supply of goods or services; or the disposal of non-current assets.\n(sec.206-ssec.2) However, this chapter does not apply to the council making a contract of employment with a council employee.\n- (a) the supply of goods or services; or\n- (b) the disposal of non-current assets.","sortOrder":284},{"sectionNumber":"ch.6-pt.2","sectionType":"part","heading":"Strategic contracting procedures","content":"# Strategic contracting procedures","sortOrder":285},{"sectionNumber":"sec.207","sectionType":"section","heading":"What pt 2 is about","content":"### sec.207 What pt 2 is about\n\nThis part allows the council to take a strategic approach to its contracts.\nA strategic approach is an approach that identifies potential opportunities, while managing adverse risks.\nHowever, this part applies to the council only if it decides to apply the part.\nThis part does not apply to a contract for the disposal of land.\nFor all other contracts, this part provides an alternative to part 3 .\n(sec.207-ssec.1) This part allows the council to take a strategic approach to its contracts.\n(sec.207-ssec.2) A strategic approach is an approach that identifies potential opportunities, while managing adverse risks.\n(sec.207-ssec.3) However, this part applies to the council only if it decides to apply the part.\n(sec.207-ssec.4) This part does not apply to a contract for the disposal of land.\n(sec.207-ssec.5) For all other contracts, this part provides an alternative to part 3 .","sortOrder":286},{"sectionNumber":"sec.208","sectionType":"section","heading":"Power to choose strategic approach","content":"### sec.208 Power to choose strategic approach\n\nThe council may, by resolution, decide to apply this part to its contracts.\nHowever, the council may do so only after it—\nhas considered the costs and benefits of complying with this part; and\nhas given the public notice of the proposed resolution.\nThe notice must—\nstate the proposed resolution; and\nstate the day and time of the meeting where the resolution is to be considered; and\nbe published on the council’s website, and in another way the chief executive officer considers appropriate, at least 4 weeks before the meeting.\ns 208 amd 2020 SL No. 244 s 15\n(sec.208-ssec.1) The council may, by resolution, decide to apply this part to its contracts.\n(sec.208-ssec.2) However, the council may do so only after it— has considered the costs and benefits of complying with this part; and has given the public notice of the proposed resolution.\n(sec.208-ssec.3) The notice must— state the proposed resolution; and state the day and time of the meeting where the resolution is to be considered; and be published on the council’s website, and in another way the chief executive officer considers appropriate, at least 4 weeks before the meeting.\n- (a) has considered the costs and benefits of complying with this part; and\n- (b) has given the public notice of the proposed resolution.\n- (a) state the proposed resolution; and\n- (b) state the day and time of the meeting where the resolution is to be considered; and\n- (c) be published on the council’s website, and in another way the chief executive officer considers appropriate, at least 4 weeks before the meeting.","sortOrder":287},{"sectionNumber":"sec.209","sectionType":"section","heading":"Effect of choice","content":"### sec.209 Effect of choice\n\nIf the council decides to apply this part to its contracts, it must comply with this part from—\nthe day on which the resolution is passed; or\nif the resolution states a later day for complying—the later day.\nThe later day must not be more than 1 year after the resolution is passed.\nThe passing of the resolution does not of itself affect a contractual obligation or right of the council.\nSubsection (5) applies if, immediately before the day on which the council passes the resolution, the council—\nhad, under part 3 , invited tenders or quotes for a contract; and\nhad received tenders or quotes in response to the invitation; and\nhad not accepted, or had decided not to accept, any of the tenders or quotes.\nPart 3 continues to apply to the contracts as if the resolution had not been passed.\nThe council may, by a later resolution, decide this part no longer applies to the council.\nIf the council does so, it must continue to comply with this part for any contract that was made when this part did apply to the council.\n(sec.209-ssec.1) If the council decides to apply this part to its contracts, it must comply with this part from— the day on which the resolution is passed; or if the resolution states a later day for complying—the later day.\n(sec.209-ssec.2) The later day must not be more than 1 year after the resolution is passed.\n(sec.209-ssec.3) The passing of the resolution does not of itself affect a contractual obligation or right of the council.\n(sec.209-ssec.4) Subsection (5) applies if, immediately before the day on which the council passes the resolution, the council— had, under part 3 , invited tenders or quotes for a contract; and had received tenders or quotes in response to the invitation; and had not accepted, or had decided not to accept, any of the tenders or quotes.\n(sec.209-ssec.5) Part 3 continues to apply to the contracts as if the resolution had not been passed.\n(sec.209-ssec.6) The council may, by a later resolution, decide this part no longer applies to the council.\n(sec.209-ssec.7) If the council does so, it must continue to comply with this part for any contract that was made when this part did apply to the council.\n- (a) the day on which the resolution is passed; or\n- (b) if the resolution states a later day for complying—the later day.\n- (a) had, under part 3 , invited tenders or quotes for a contract; and\n- (b) had received tenders or quotes in response to the invitation; and\n- (c) had not accepted, or had decided not to accept, any of the tenders or quotes.","sortOrder":288},{"sectionNumber":"sec.210","sectionType":"section","heading":"Contracting plans","content":"### sec.210 Contracting plans\n\nThis section applies if the council decides to apply this part to its contracts.\nEach financial year, the council must make and adopt a contracting plan.\nA contracting plan is a document stating—\nthe types of contracts that the council proposes to make in the financial year; and\nthe principles and strategies for performing the contracts; and\na policy about proposed delegations for the contracts; and\na market assessment for each type of contract; and\nthe contracts that the council considers will be significant (a significant contract ) having regard to the market assessment; and\na policy about the making of a significant contracting plan under section 211 .\nA market assessment is an assessment of the relative cost and difficulty in securing supply under each type of contract.\nA contracting plan must be consistent with and support the achievement of the strategic directions stated in the council’s corporate plan.\nThe council must not make the resolution to adopt a contracting plan before the council adopts the annual budget for the financial year.\nThe council may, by resolution, amend a contracting plan at any time before the end of the financial year to which the plan relates.\nThe council must allow the public to inspect and buy copies of the contracting plan at the council public office.\n(sec.210-ssec.1) This section applies if the council decides to apply this part to its contracts.\n(sec.210-ssec.2) Each financial year, the council must make and adopt a contracting plan.\n(sec.210-ssec.3) A contracting plan is a document stating— the types of contracts that the council proposes to make in the financial year; and the principles and strategies for performing the contracts; and a policy about proposed delegations for the contracts; and a market assessment for each type of contract; and the contracts that the council considers will be significant (a significant contract ) having regard to the market assessment; and a policy about the making of a significant contracting plan under section 211 .\n(sec.210-ssec.4) A market assessment is an assessment of the relative cost and difficulty in securing supply under each type of contract.\n(sec.210-ssec.5) A contracting plan must be consistent with and support the achievement of the strategic directions stated in the council’s corporate plan.\n(sec.210-ssec.6) The council must not make the resolution to adopt a contracting plan before the council adopts the annual budget for the financial year.\n(sec.210-ssec.7) The council may, by resolution, amend a contracting plan at any time before the end of the financial year to which the plan relates.\n(sec.210-ssec.8) The council must allow the public to inspect and buy copies of the contracting plan at the council public office.\n- (a) the types of contracts that the council proposes to make in the financial year; and\n- (b) the principles and strategies for performing the contracts; and\n- (c) a policy about proposed delegations for the contracts; and\n- (d) a market assessment for each type of contract; and\n- (e) the contracts that the council considers will be significant (a significant contract ) having regard to the market assessment; and\n- (f) a policy about the making of a significant contracting plan under section 211 .","sortOrder":289},{"sectionNumber":"sec.211","sectionType":"section","heading":"Significant contracting plans","content":"### sec.211 Significant contracting plans\n\nThis section applies if the contracting plan identifies any significant contracts.\nThe council must make a significant contracting plan for each significant contract before the contract starts.\nA significant contracting plan is a document stating—\nthe objectives of the significant contract; and\nhow the objectives are to be achieved; and\nhow achievement of the objectives will be measured; and\nany alternative ways of achieving the objectives, and why the alternative ways were not adopted; and\nproposed contractual arrangements for the activity; and\na risk analysis of the market in which the contract is to happen.\nThe objectives must be consistent with the council’s contracting plan.\nThe council may, by resolution, amend a significant contracting plan at any time before the end of the financial year to which the plan relates.\n(sec.211-ssec.1) This section applies if the contracting plan identifies any significant contracts.\n(sec.211-ssec.2) The council must make a significant contracting plan for each significant contract before the contract starts.\n(sec.211-ssec.3) A significant contracting plan is a document stating— the objectives of the significant contract; and how the objectives are to be achieved; and how achievement of the objectives will be measured; and any alternative ways of achieving the objectives, and why the alternative ways were not adopted; and proposed contractual arrangements for the activity; and a risk analysis of the market in which the contract is to happen.\n(sec.211-ssec.4) The objectives must be consistent with the council’s contracting plan.\n(sec.211-ssec.5) The council may, by resolution, amend a significant contracting plan at any time before the end of the financial year to which the plan relates.\n- (a) the objectives of the significant contract; and\n- (b) how the objectives are to be achieved; and\n- (c) how achievement of the objectives will be measured; and\n- (d) any alternative ways of achieving the objectives, and why the alternative ways were not adopted; and\n- (e) proposed contractual arrangements for the activity; and\n- (f) a risk analysis of the market in which the contract is to happen.","sortOrder":290},{"sectionNumber":"sec.212","sectionType":"section","heading":"Contract manual","content":"### sec.212 Contract manual\n\nThe council must make and adopt a contract manual.\nA contract manual is a document that sets out the procedures for how the council is to carry out all contracts.\nThe contract manual must—\napply the sound contracting principles; and\nbe consistent with, and support, the achievement of the strategic direction stated in the council’s corporate plan; and\nif the council has adopted a contracting plan—be consistent with the contracting plan; and\ninclude a policy about how the council is to deal with any non-current assets that have a value of less than the amount mentioned in section 214 (8) .\ns 212 amd 2014 SL No. 290 s 9\n(sec.212-ssec.1) The council must make and adopt a contract manual.\n(sec.212-ssec.2) A contract manual is a document that sets out the procedures for how the council is to carry out all contracts.\n(sec.212-ssec.3) The contract manual must— apply the sound contracting principles; and be consistent with, and support, the achievement of the strategic direction stated in the council’s corporate plan; and if the council has adopted a contracting plan—be consistent with the contracting plan; and include a policy about how the council is to deal with any non-current assets that have a value of less than the amount mentioned in section 214 (8) .\n- (a) apply the sound contracting principles; and\n- (b) be consistent with, and support, the achievement of the strategic direction stated in the council’s corporate plan; and\n- (c) if the council has adopted a contracting plan—be consistent with the contracting plan; and\n- (d) include a policy about how the council is to deal with any non-current assets that have a value of less than the amount mentioned in section 214 (8) .","sortOrder":291},{"sectionNumber":"ch.6-pt.3","sectionType":"part","heading":"Default contracting procedures","content":"# Default contracting procedures","sortOrder":292},{"sectionNumber":"ch.6-pt.3-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":293},{"sectionNumber":"sec.213","sectionType":"section","heading":"What pt 3 is about","content":"### sec.213 What pt 3 is about\n\nThis part is about the requirements that the council must comply with before entering into a contract, unless the council decides to apply part 2 .\nThis part also applies to a contract for the disposal of land.\n(sec.213-ssec.1) This part is about the requirements that the council must comply with before entering into a contract, unless the council decides to apply part 2 .\n(sec.213-ssec.2) This part also applies to a contract for the disposal of land.","sortOrder":294},{"sectionNumber":"sec.213A","sectionType":"section","heading":"Definitions for part","content":"### sec.213A Definitions for part\n\nIn this part—\ncontractual arrangement , between the council and a supplier, means an arrangement between the council and the supplier comprised of—\na contract for the supply of goods or services; or\nif the council and supplier enter into more than 1 contract for the supply of goods or services of the same, or a similar, type—each of the contracts.\ndisposal , of a valuable non-current asset, includes the disposal of all of, or an interest in, the asset.\nthe grant of a lease over land or a building\nlarge-sized contractual arrangement see section 213C .\nmedium-sized contractual arrangement see section 213B .\nterm , of a contractual arrangement between the council and a supplier, includes any possible extension by renewal of the term of the arrangement that is agreed between the council and supplier at the time the arrangement is entered into.\nvaluable non-current asset see section 213D .\nvaluable non-current asset contract means a contract for the disposal of a valuable non-current asset.\ns 213A ins 2025 SL No. 161 s 9\n- (a) a contract for the supply of goods or services; or\n- (b) if the council and supplier enter into more than 1 contract for the supply of goods or services of the same, or a similar, type—each of the contracts.","sortOrder":295},{"sectionNumber":"sec.213B","sectionType":"section","heading":"Medium-sized contractual arrangement","content":"### sec.213B Medium-sized contractual arrangement\n\nA medium-sized contractual arrangement is a contractual arrangement between the council and a supplier that—\nthe council expects will cost the council, exclusive of GST, at least the minimum amount for an arrangement of that type under subsection (2) over the term of the arrangement; and\nis not a large-sized contractual arrangement.\nThe minimum amount for a medium-sized contractual arrangement is—\nfor an arrangement entered into before 1 July 2026—$21,000; or\nfor an arrangement entered into on or after 1 July 2026—the minimum amount for the arrangement as adjusted and rounded under section 213E .\nSee section 213E (5) in relation to publication on the department’s website of the minimum amount for a contractual arrangement.\ns 213B ins 2025 SL No. 161 s 9\n(sec.213B-ssec.1) A medium-sized contractual arrangement is a contractual arrangement between the council and a supplier that— the council expects will cost the council, exclusive of GST, at least the minimum amount for an arrangement of that type under subsection (2) over the term of the arrangement; and is not a large-sized contractual arrangement.\n(sec.213B-ssec.2) The minimum amount for a medium-sized contractual arrangement is— for an arrangement entered into before 1 July 2026—$21,000; or for an arrangement entered into on or after 1 July 2026—the minimum amount for the arrangement as adjusted and rounded under section 213E . See section 213E (5) in relation to publication on the department’s website of the minimum amount for a contractual arrangement.\n- (a) the council expects will cost the council, exclusive of GST, at least the minimum amount for an arrangement of that type under subsection (2) over the term of the arrangement; and\n- (b) is not a large-sized contractual arrangement.\n- (a) for an arrangement entered into before 1 July 2026—$21,000; or\n- (b) for an arrangement entered into on or after 1 July 2026—the minimum amount for the arrangement as adjusted and rounded under section 213E . Note— See section 213E (5) in relation to publication on the department’s website of the minimum amount for a contractual arrangement.","sortOrder":296},{"sectionNumber":"sec.213C","sectionType":"section","heading":"Large-sized contractual arrangements","content":"### sec.213C Large-sized contractual arrangements\n\nA large-sized contractual arrangement is a contractual arrangement between the council and a supplier that the council expects will cost the council, exclusive of GST, at least the minimum amount for an arrangement of that type under subsection (2) over the term of the arrangement.\nThe minimum amount for a large-sized contractual arrangement is—\nfor an arrangement entered into before 1 July 2026—$280,000; or\nfor an arrangement entered into on or after 1 July 2026—the minimum amount for the arrangement as adjusted and rounded under section 213E .\nSee section 213E (5) in relation to publication on the department’s website of the minimum amount for a contractual arrangement.\ns 213C ins 2025 SL No. 161 s 9\n(sec.213C-ssec.1) A large-sized contractual arrangement is a contractual arrangement between the council and a supplier that the council expects will cost the council, exclusive of GST, at least the minimum amount for an arrangement of that type under subsection (2) over the term of the arrangement.\n(sec.213C-ssec.2) The minimum amount for a large-sized contractual arrangement is— for an arrangement entered into before 1 July 2026—$280,000; or for an arrangement entered into on or after 1 July 2026—the minimum amount for the arrangement as adjusted and rounded under section 213E . See section 213E (5) in relation to publication on the department’s website of the minimum amount for a contractual arrangement.\n- (a) for an arrangement entered into before 1 July 2026—$280,000; or\n- (b) for an arrangement entered into on or after 1 July 2026—the minimum amount for the arrangement as adjusted and rounded under section 213E . Note— See section 213E (5) in relation to publication on the department’s website of the minimum amount for a contractual arrangement.","sortOrder":297},{"sectionNumber":"sec.213D","sectionType":"section","heading":"Valuable non-current assets","content":"### sec.213D Valuable non-current assets\n\nA valuable non-current asset is—\nland; or\nanother non-current asset that has an apparent value of at least the limit set by the council for the asset.\nThe limit set by the council under subsection (1) (b) for a non-current asset must not be more than the maximum amount for the asset under subsection (3) .\nThe maximum amount for a non-current asset is—\nfor a non-current asset disposed of before 1 July 2026—\nfor plant or equipment—$7,000, exclusive of GST; or\nfor another type of non-current asset—$14,000, exclusive of GST; or\nfor a non-current asset disposed of on or after 1 July 2026—the maximum amount for the asset as adjusted and rounded under section 213E .\nSee section 213E (5) in relation to publication on the department’s website of the maximum amount for valuable non-current assets.\ns 213D ins 2025 SL No. 161 s 9\n(sec.213D-ssec.1) A valuable non-current asset is— land; or another non-current asset that has an apparent value of at least the limit set by the council for the asset.\n(sec.213D-ssec.2) The limit set by the council under subsection (1) (b) for a non-current asset must not be more than the maximum amount for the asset under subsection (3) .\n(sec.213D-ssec.3) The maximum amount for a non-current asset is— for a non-current asset disposed of before 1 July 2026— for plant or equipment—$7,000, exclusive of GST; or for another type of non-current asset—$14,000, exclusive of GST; or for a non-current asset disposed of on or after 1 July 2026—the maximum amount for the asset as adjusted and rounded under section 213E . See section 213E (5) in relation to publication on the department’s website of the maximum amount for valuable non-current assets.\n- (a) land; or\n- (b) another non-current asset that has an apparent value of at least the limit set by the council for the asset.\n- (a) for a non-current asset disposed of before 1 July 2026— (i) for plant or equipment—$7,000, exclusive of GST; or (ii) for another type of non-current asset—$14,000, exclusive of GST; or\n- (i) for plant or equipment—$7,000, exclusive of GST; or\n- (ii) for another type of non-current asset—$14,000, exclusive of GST; or\n- (b) for a non-current asset disposed of on or after 1 July 2026—the maximum amount for the asset as adjusted and rounded under section 213E . Note— See section 213E (5) in relation to publication on the department’s website of the maximum amount for valuable non-current assets.\n- (i) for plant or equipment—$7,000, exclusive of GST; or\n- (ii) for another type of non-current asset—$14,000, exclusive of GST; or","sortOrder":298},{"sectionNumber":"sec.213E","sectionType":"section","heading":"Adjustment and rounding of particular amounts","content":"### sec.213E Adjustment and rounding of particular amounts\n\nThis section applies in relation to each of the following amounts under this part—\nthe minimum amount for a medium-sized contractual arrangement;\nthe minimum amount for a large-sized contractual arrangement;\nthe maximum amount for a valuable non-current asset.\nOn 1 July in each year—\nthe amount is adjusted under subsection (3) ; and\nthe adjusted amount is rounded to—\nfor the minimum amount for a large-sized contractual arrangement—the nearest multiple of $1,000; or\nfor another amount—the nearest multiple of $100.\nThe amount is adjusted using the following formula—\nwhere—\nAA means the adjusted amount.\nA means the amount as it was in effect immediately before 1 July in the year.\nB means the CPI for the March quarter in the year.\nC means the CPI for the March quarter in the previous year.\nHowever, if the adjustment or rounding of the amount under this section would reduce the amount so it is lower than the amount that was in effect immediately before 1 July in the year (the former amount ), the adjusted and rounded amount is taken to be the former amount.\nThe chief executive must publish on the department’s website each of the amounts, as adjusted and rounded under this section, while the amount is in effect.\nIn this section—\nCPI means the index number for Brisbane stated in the all groups consumer price index numbers and percentage changes published by the Australian Bureau of Statistics.\nMarch quarter , in a year, means the quarter in the year starting on 1 January and ending on 31 March.\ns 213E ins 2025 SL No. 161 s 9\n(sec.213E-ssec.1) This section applies in relation to each of the following amounts under this part— the minimum amount for a medium-sized contractual arrangement; the minimum amount for a large-sized contractual arrangement; the maximum amount for a valuable non-current asset.\n(sec.213E-ssec.2) On 1 July in each year— the amount is adjusted under subsection (3) ; and the adjusted amount is rounded to— for the minimum amount for a large-sized contractual arrangement—the nearest multiple of $1,000; or for another amount—the nearest multiple of $100.\n(sec.213E-ssec.3) The amount is adjusted using the following formula— where— AA means the adjusted amount. A means the amount as it was in effect immediately before 1 July in the year. B means the CPI for the March quarter in the year. C means the CPI for the March quarter in the previous year.\n(sec.213E-ssec.4) However, if the adjustment or rounding of the amount under this section would reduce the amount so it is lower than the amount that was in effect immediately before 1 July in the year (the former amount ), the adjusted and rounded amount is taken to be the former amount.\n(sec.213E-ssec.5) The chief executive must publish on the department’s website each of the amounts, as adjusted and rounded under this section, while the amount is in effect.\n(sec.213E-ssec.6) In this section— CPI means the index number for Brisbane stated in the all groups consumer price index numbers and percentage changes published by the Australian Bureau of Statistics. March quarter , in a year, means the quarter in the year starting on 1 January and ending on 31 March.\n- (a) the minimum amount for a medium-sized contractual arrangement;\n- (b) the minimum amount for a large-sized contractual arrangement;\n- (c) the maximum amount for a valuable non-current asset.\n- (a) the amount is adjusted under subsection (3) ; and\n- (b) the adjusted amount is rounded to— (i) for the minimum amount for a large-sized contractual arrangement—the nearest multiple of $1,000; or (ii) for another amount—the nearest multiple of $100.\n- (i) for the minimum amount for a large-sized contractual arrangement—the nearest multiple of $1,000; or\n- (ii) for another amount—the nearest multiple of $100.\n- (i) for the minimum amount for a large-sized contractual arrangement—the nearest multiple of $1,000; or\n- (ii) for another amount—the nearest multiple of $100.","sortOrder":299},{"sectionNumber":"ch.6-pt.3-div.2","sectionType":"division","heading":"Entering into particular contracts","content":"## Entering into particular contracts","sortOrder":300},{"sectionNumber":"sec.214","sectionType":"section","heading":"What div 2 is about","content":"### sec.214 What div 2 is about\n\nThis division explains what the council must do before it enters into—\na medium-sized contractual arrangement; or\na large-sized contractual arrangement; or\na valuable non-current asset contract.\ns 214 amd 2013 SL No. 273 s 8 ; 2014 SL No. 290 s 10\nsub 2025 SL No. 161 s 10\n- (a) a medium-sized contractual arrangement; or\n- (b) a large-sized contractual arrangement; or\n- (c) a valuable non-current asset contract.","sortOrder":301},{"sectionNumber":"sec.215","sectionType":"section","heading":"Medium-sized contractual arrangement—quotes needed first","content":"### sec.215 Medium-sized contractual arrangement—quotes needed first\n\nThe council can not enter into a medium-sized contractual arrangement unless the council first invites written quotes for the contract.\nThe invitation must be given to at least 3 persons who the council considers can meet the council’s requirements at competitive prices.\nThe council may decide not to accept any of the quotes it receives.\nHowever, if the council does decide to accept a quote, the council must accept the quote most advantageous to it having regard to the sound contracting principles.\nThis section is subject to division 3 .\n(sec.215-ssec.1) The council can not enter into a medium-sized contractual arrangement unless the council first invites written quotes for the contract.\n(sec.215-ssec.2) The invitation must be given to at least 3 persons who the council considers can meet the council’s requirements at competitive prices.\n(sec.215-ssec.3) The council may decide not to accept any of the quotes it receives.\n(sec.215-ssec.4) However, if the council does decide to accept a quote, the council must accept the quote most advantageous to it having regard to the sound contracting principles.\n(sec.215-ssec.5) This section is subject to division 3 .","sortOrder":302},{"sectionNumber":"sec.216","sectionType":"section","heading":"Large-sized contractual arrangement—tenders needed first","content":"### sec.216 Large-sized contractual arrangement—tenders needed first\n\nThe council can not enter into a large-sized contractual arrangement unless the council first invites written tenders for the contract under section 218 .\nThis section is subject to division 3 .\n(sec.216-ssec.1) The council can not enter into a large-sized contractual arrangement unless the council first invites written tenders for the contract under section 218 .\n(sec.216-ssec.2) This section is subject to division 3 .","sortOrder":303},{"sectionNumber":"sec.217","sectionType":"section","heading":"Valuable non-current asset contract—tenders or auction needed first","content":"### sec.217 Valuable non-current asset contract—tenders or auction needed first\n\nThe council can not enter into a valuable non-current asset contract unless it first—\ninvites written tenders for the contract under section 218 ; or\noffers the non-current asset for sale by auction.\nThis section is subject to division 4 .\n(sec.217-ssec.1) The council can not enter into a valuable non-current asset contract unless it first— invites written tenders for the contract under section 218 ; or offers the non-current asset for sale by auction.\n(sec.217-ssec.2) This section is subject to division 4 .\n- (a) invites written tenders for the contract under section 218 ; or\n- (b) offers the non-current asset for sale by auction.","sortOrder":304},{"sectionNumber":"sec.218","sectionType":"section","heading":"Tender process","content":"### sec.218 Tender process\n\nThis section is about how the council must invite written tenders for—\na large-sized contractual arrangement; or\na valuable non-current asset contract.\nThe council must either—\ninvite written tenders under subsection (4) ; or\ninvite expressions of interest under subsection (5) before considering whether to invite written tenders under subsection (7) (b) .\nHowever, the council may invite expressions of interest under subsection (5) only if the council—\ndecides, by resolution, that it would be in the public interest to invite expressions of interest before inviting written tenders; and\nrecords its reasons for making the resolution in the minutes of the meeting at which the resolution was made.\nThe invitation for tenders must—\nbe published on the council’s website for at least 21 days; and\nallow written tenders to be given to the council while the invitation is published on the website.\nThe invitation for expressions of interest must—\nbe published on the council’s website for at least 21 days; and\nallow written expressions of interest to be given to the council while the invitation is published on the website.\nAlso, the council must take all reasonable steps to publish the invitation for tenders or invitation for expressions of interest in another way to notify the public about the tender process.\npublishing an invitation in an industry publication or on the QTENDERS website\nIf the council invites expressions of interest under subsection (5) or (6) , the council may—\nprepare a short list from the persons who respond to the invitation for expressions of interest; and\ninvite written tenders from those persons.\nIf—\nan invitation to tender under subsection (4) or (7) (b) states that the council might later invite all tenderers to change their tenders to take account of a change in the tender specifications; and\nthe council does change the tender specifications;\nthe council may invite all the persons who submitted a tender to change their tender to take account of the change, before making a decision on the tenders.\nThe council may decide not to accept any tenders it receives.\nHowever, if the council does decide to accept a tender, the council must accept the tender most advantageous to it, having regard to the sound contracting principles.\ns 218 amd 2020 SL No. 244 s 16\n(sec.218-ssec.1) This section is about how the council must invite written tenders for— a large-sized contractual arrangement; or a valuable non-current asset contract.\n(sec.218-ssec.2) The council must either— invite written tenders under subsection (4) ; or invite expressions of interest under subsection (5) before considering whether to invite written tenders under subsection (7) (b) .\n(sec.218-ssec.3) However, the council may invite expressions of interest under subsection (5) only if the council— decides, by resolution, that it would be in the public interest to invite expressions of interest before inviting written tenders; and records its reasons for making the resolution in the minutes of the meeting at which the resolution was made.\n(sec.218-ssec.4) The invitation for tenders must— be published on the council’s website for at least 21 days; and allow written tenders to be given to the council while the invitation is published on the website.\n(sec.218-ssec.5) The invitation for expressions of interest must— be published on the council’s website for at least 21 days; and allow written expressions of interest to be given to the council while the invitation is published on the website.\n(sec.218-ssec.6) Also, the council must take all reasonable steps to publish the invitation for tenders or invitation for expressions of interest in another way to notify the public about the tender process. publishing an invitation in an industry publication or on the QTENDERS website\n(sec.218-ssec.7) If the council invites expressions of interest under subsection (5) or (6) , the council may— prepare a short list from the persons who respond to the invitation for expressions of interest; and invite written tenders from those persons.\n(sec.218-ssec.8) If— an invitation to tender under subsection (4) or (7) (b) states that the council might later invite all tenderers to change their tenders to take account of a change in the tender specifications; and the council does change the tender specifications; the council may invite all the persons who submitted a tender to change their tender to take account of the change, before making a decision on the tenders.\n(sec.218-ssec.9) The council may decide not to accept any tenders it receives.\n(sec.218-ssec.10) However, if the council does decide to accept a tender, the council must accept the tender most advantageous to it, having regard to the sound contracting principles.\n- (a) a large-sized contractual arrangement; or\n- (b) a valuable non-current asset contract.\n- (a) invite written tenders under subsection (4) ; or\n- (b) invite expressions of interest under subsection (5) before considering whether to invite written tenders under subsection (7) (b) .\n- (a) decides, by resolution, that it would be in the public interest to invite expressions of interest before inviting written tenders; and\n- (b) records its reasons for making the resolution in the minutes of the meeting at which the resolution was made.\n- (a) be published on the council’s website for at least 21 days; and\n- (b) allow written tenders to be given to the council while the invitation is published on the website.\n- (a) be published on the council’s website for at least 21 days; and\n- (b) allow written expressions of interest to be given to the council while the invitation is published on the website.\n- (a) prepare a short list from the persons who respond to the invitation for expressions of interest; and\n- (b) invite written tenders from those persons.\n- (a) an invitation to tender under subsection (4) or (7) (b) states that the council might later invite all tenderers to change their tenders to take account of a change in the tender specifications; and\n- (b) the council does change the tender specifications;","sortOrder":305},{"sectionNumber":"ch.6-pt.3-div.3","sectionType":"division","heading":"Exceptions for medium-sized and large-sized contractual arrangements","content":"## Exceptions for medium-sized and large-sized contractual arrangements","sortOrder":306},{"sectionNumber":"sec.219","sectionType":"section","heading":"What div 3 is about","content":"### sec.219 What div 3 is about\n\nThis division explains when the council may enter into—\na medium-sized contractual arrangement without first inviting written quotes; or\na large-sized contractual arrangement without first inviting written tenders.\n- (a) a medium-sized contractual arrangement without first inviting written quotes; or\n- (b) a large-sized contractual arrangement without first inviting written tenders.","sortOrder":307},{"sectionNumber":"sec.220","sectionType":"section","heading":"Exception if quote or tender consideration plan prepared","content":"### sec.220 Exception if quote or tender consideration plan prepared\n\nThe council may enter into a medium-sized contractual arrangement or large-sized contractual arrangement without first inviting written quotes or tenders if the council—\ndecides, by resolution, to prepare a quote or tender consideration plan; and\nprepares and adopts the plan.\nA quote or tender consideration plan is a document stating—\nthe objectives of the plan; and\nhow the objectives are to be achieved; and\nhow the achievement of the objectives will be measured; and\nany alternative ways of achieving the objectives, and why the alternative ways were not adopted; and\nthe proposed terms of the contract for the goods or services; and\na risk analysis of the market from which the goods or services are to be obtained.\n(sec.220-ssec.1) The council may enter into a medium-sized contractual arrangement or large-sized contractual arrangement without first inviting written quotes or tenders if the council— decides, by resolution, to prepare a quote or tender consideration plan; and prepares and adopts the plan.\n(sec.220-ssec.2) A quote or tender consideration plan is a document stating— the objectives of the plan; and how the objectives are to be achieved; and how the achievement of the objectives will be measured; and any alternative ways of achieving the objectives, and why the alternative ways were not adopted; and the proposed terms of the contract for the goods or services; and a risk analysis of the market from which the goods or services are to be obtained.\n- (a) decides, by resolution, to prepare a quote or tender consideration plan; and\n- (b) prepares and adopts the plan.\n- (a) the objectives of the plan; and\n- (b) how the objectives are to be achieved; and\n- (c) how the achievement of the objectives will be measured; and\n- (d) any alternative ways of achieving the objectives, and why the alternative ways were not adopted; and\n- (e) the proposed terms of the contract for the goods or services; and\n- (f) a risk analysis of the market from which the goods or services are to be obtained.","sortOrder":308},{"sectionNumber":"sec.221","sectionType":"section","heading":"Exception for contractor on approved contractor list","content":"### sec.221 Exception for contractor on approved contractor list\n\nThis section applies to a medium-sized contractual arrangement or large-sized contractual arrangement for services.\nThe council may enter into the contract without first inviting written quotes or tenders if the contract is made with a person who is on an approved contractor list.\nAn approved contractor list is a list of persons who the council considers to be appropriately qualified to provide the services.\nThe council must put together the approved contractor list by—\npublishing an invitation for expressions of interest from suitably qualified persons for at least 21 days on the council’s website; and\ntaking all reasonable steps to publish the invitation in another way to notify the public about the making of the approved contractor list; and\npublishing an invitation in an industry publication or on the QTENDERS website\nallowing written expressions of interest to be given to the council while the invitation is published on the website; and\nchoosing persons for the approved contractor list on the basis of the sound contracting principles.\ns 221 amd 2020 SL No. 244 s 17\n(sec.221-ssec.1) This section applies to a medium-sized contractual arrangement or large-sized contractual arrangement for services.\n(sec.221-ssec.2) The council may enter into the contract without first inviting written quotes or tenders if the contract is made with a person who is on an approved contractor list.\n(sec.221-ssec.3) An approved contractor list is a list of persons who the council considers to be appropriately qualified to provide the services.\n(sec.221-ssec.4) The council must put together the approved contractor list by— publishing an invitation for expressions of interest from suitably qualified persons for at least 21 days on the council’s website; and taking all reasonable steps to publish the invitation in another way to notify the public about the making of the approved contractor list; and publishing an invitation in an industry publication or on the QTENDERS website allowing written expressions of interest to be given to the council while the invitation is published on the website; and choosing persons for the approved contractor list on the basis of the sound contracting principles.\n- (a) publishing an invitation for expressions of interest from suitably qualified persons for at least 21 days on the council’s website; and\n- (b) taking all reasonable steps to publish the invitation in another way to notify the public about the making of the approved contractor list; and Examples for paragraph (b) — publishing an invitation in an industry publication or on the QTENDERS website\n- (c) allowing written expressions of interest to be given to the council while the invitation is published on the website; and\n- (d) choosing persons for the approved contractor list on the basis of the sound contracting principles.","sortOrder":309},{"sectionNumber":"sec.222","sectionType":"section","heading":"Exception for register of pre-qualified suppliers","content":"### sec.222 Exception for register of pre-qualified suppliers\n\nThis section applies to a medium-sized contractual arrangement or large-sized contractual arrangement for the supply of goods or services.\nThe council may enter into the contract without first inviting written quotes or tenders if the contract is entered into with a supplier from a register of pre-qualified suppliers that is made in compliance with subsections (3) to (7) .\nThe council may establish a register of pre-qualified suppliers of particular goods or services only if—\nthe preparation and evaluation of invitations every time the goods or services are needed would be costly; or\nthe capability or financial capacity of the supplier of the goods or services is critical; or\nthe supply of the goods or services involves significant security considerations; or\na precondition of an offer to contract for the goods or services is compliance with particular standards or conditions set by the council; or\nthe ability of local business to supply the goods or services needs to be discovered or developed.\nThe council must invite suppliers to tender to be on a register of pre-qualified suppliers.\nThe invitation must—\nbe published on the council’s website for at least 21 days; and\nallow written tenders to be given to the council while the invitation is published on the website.\nAlso, the council must take all reasonable steps to publish the invitation in another way to notify the public about establishing the register of pre-qualified suppliers.\npublishing an invitation in an industry publication or on the QTENDERS website\nWhen selecting a supplier to be a pre-qualified supplier for the register, the council must have regard to the sound contracting principles.\nA pre-qualified supplier is a supplier who has been assessed by the council as having the technical, financial and managerial capability necessary to perform contracts on time and in accordance with agreed requirements.\ns 222 amd 2013 SL No. 273 s 9 ; 2020 SL No. 244 s 18\n(sec.222-ssec.1) This section applies to a medium-sized contractual arrangement or large-sized contractual arrangement for the supply of goods or services.\n(sec.222-ssec.2) The council may enter into the contract without first inviting written quotes or tenders if the contract is entered into with a supplier from a register of pre-qualified suppliers that is made in compliance with subsections (3) to (7) .\n(sec.222-ssec.3) The council may establish a register of pre-qualified suppliers of particular goods or services only if— the preparation and evaluation of invitations every time the goods or services are needed would be costly; or the capability or financial capacity of the supplier of the goods or services is critical; or the supply of the goods or services involves significant security considerations; or a precondition of an offer to contract for the goods or services is compliance with particular standards or conditions set by the council; or the ability of local business to supply the goods or services needs to be discovered or developed.\n(sec.222-ssec.4) The council must invite suppliers to tender to be on a register of pre-qualified suppliers.\n(sec.222-ssec.5) The invitation must— be published on the council’s website for at least 21 days; and allow written tenders to be given to the council while the invitation is published on the website.\n(sec.222-ssec.6) Also, the council must take all reasonable steps to publish the invitation in another way to notify the public about establishing the register of pre-qualified suppliers. publishing an invitation in an industry publication or on the QTENDERS website\n(sec.222-ssec.7) When selecting a supplier to be a pre-qualified supplier for the register, the council must have regard to the sound contracting principles.\n(sec.222-ssec.8) A pre-qualified supplier is a supplier who has been assessed by the council as having the technical, financial and managerial capability necessary to perform contracts on time and in accordance with agreed requirements.\n- (a) the preparation and evaluation of invitations every time the goods or services are needed would be costly; or\n- (b) the capability or financial capacity of the supplier of the goods or services is critical; or\n- (c) the supply of the goods or services involves significant security considerations; or\n- (d) a precondition of an offer to contract for the goods or services is compliance with particular standards or conditions set by the council; or\n- (e) the ability of local business to supply the goods or services needs to be discovered or developed.\n- (a) be published on the council’s website for at least 21 days; and\n- (b) allow written tenders to be given to the council while the invitation is published on the website.","sortOrder":310},{"sectionNumber":"sec.223","sectionType":"section","heading":"Exception for a preferred supplier arrangement","content":"### sec.223 Exception for a preferred supplier arrangement\n\nThis section applies to a medium-sized contractual arrangement or large-sized contractual arrangement for goods or services if the council—\nneeds the goods or services—\nin large volumes; or\nfrequently; and\nis able to obtain better value for money by accumulating the demand for the goods or services; and\nis able to describe the goods or services in terms that would be well understood in the relevant industry.\nThe council may enter into a contract for the goods or services without first inviting written quotes or tenders if the contract is entered into with the preferred supplier under a preferred supplier arrangement that is made in compliance with subsections (3) to (9) .\nThe council must invite persons to tender for a preferred supplier arrangement.\nThe invitation to tender for a preferred supplier arrangement must—\nbe published on the council’s website for at least 21 days; and\nallow written tenders to be given to the council while the invitation is published on the website; and\ndescribe the terms of the preferred supplier arrangement.\nAlso, the council must take all reasonable steps to publish the invitation in another way to notify the public about the tender process.\npublishing an invitation in an industry publication or on the QTENDERS website\nWhen selecting a person to be a preferred supplier under a preferred supplier arrangement, the council must have regard to the sound contracting principles.\nThe council must ensure the terms of the preferred supplier arrangement allow the contract to be cancelled for the poor performance of the preferred supplier.\nA preferred supplier arrangement may be entered into for a term of more than 2 years only if the council is satisfied the longer term will result in better value for the council.\nFor subsection (8) , the term of a preferred supplier arrangement includes any period provided for under the arrangement by which the term of the arrangement can be extended.\ns 223 amd 2020 SL No. 244 s 19\n(sec.223-ssec.1) This section applies to a medium-sized contractual arrangement or large-sized contractual arrangement for goods or services if the council— needs the goods or services— in large volumes; or frequently; and is able to obtain better value for money by accumulating the demand for the goods or services; and is able to describe the goods or services in terms that would be well understood in the relevant industry.\n(sec.223-ssec.2) The council may enter into a contract for the goods or services without first inviting written quotes or tenders if the contract is entered into with the preferred supplier under a preferred supplier arrangement that is made in compliance with subsections (3) to (9) .\n(sec.223-ssec.3) The council must invite persons to tender for a preferred supplier arrangement.\n(sec.223-ssec.4) The invitation to tender for a preferred supplier arrangement must— be published on the council’s website for at least 21 days; and allow written tenders to be given to the council while the invitation is published on the website; and describe the terms of the preferred supplier arrangement.\n(sec.223-ssec.5) Also, the council must take all reasonable steps to publish the invitation in another way to notify the public about the tender process. publishing an invitation in an industry publication or on the QTENDERS website\n(sec.223-ssec.6) When selecting a person to be a preferred supplier under a preferred supplier arrangement, the council must have regard to the sound contracting principles.\n(sec.223-ssec.7) The council must ensure the terms of the preferred supplier arrangement allow the contract to be cancelled for the poor performance of the preferred supplier.\n(sec.223-ssec.8) A preferred supplier arrangement may be entered into for a term of more than 2 years only if the council is satisfied the longer term will result in better value for the council.\n(sec.223-ssec.9) For subsection (8) , the term of a preferred supplier arrangement includes any period provided for under the arrangement by which the term of the arrangement can be extended.\n- (a) needs the goods or services— (i) in large volumes; or (ii) frequently; and\n- (i) in large volumes; or\n- (ii) frequently; and\n- (b) is able to obtain better value for money by accumulating the demand for the goods or services; and\n- (c) is able to describe the goods or services in terms that would be well understood in the relevant industry.\n- (i) in large volumes; or\n- (ii) frequently; and\n- (a) be published on the council’s website for at least 21 days; and\n- (b) allow written tenders to be given to the council while the invitation is published on the website; and\n- (c) describe the terms of the preferred supplier arrangement.","sortOrder":311},{"sectionNumber":"sec.224","sectionType":"section","heading":"Exception for LGA arrangement","content":"### sec.224 Exception for LGA arrangement\n\nThe council may enter into a contract for goods and services without first inviting written quotes or tenders if the contract is entered into under an LGA arrangement.\nAn LGA arrangement is an arrangement that—\nhas been entered into by—\nLGAQ Ltd.; or\nSee section 287 of the Local Government Act 2009 .\na company (the associated company ) registered under the Corporations Act , if LGAQ Ltd. is its only shareholder; and\nif LGAQ Ltd. or the associated company were the council, would be either—\na contract with an independent supplier entered into under section 222 by LGAQ Ltd. or the associated company; or\na contract with an independent supplier entered into under a preferred supplier arrangement under section 223 .\nAn independent supplier is an entity other than a subsidiary (a relevant subsidiary ) of LGAQ Ltd. or the associated company under the Corporations Act .\nDespite subsection (2) (b) , an LGA arrangement may include a contract with a relevant subsidiary from a register of pre-qualified suppliers or a preferred supplier arrangement with a relevant subsidiary if the arrangement is approved by the Minister.\nFor deciding whether to approve an LGA arrangement under subsection (4) , the Minister—\nmust have regard to the sound contracting principles; and\nmay ask LGAQ Ltd. or the associated company to give the Minister information or documents relevant to the arrangement.\ninformation or documents relating to assessment of the relevant subsidiary’s suitability to be on the register of pre-qualified suppliers or the tender process for the preferred supplier arrangement\ninformation or documents relating to the potential impact of the arrangement on council employees\ns 224 amd 2013 SL No. 273 s 10\n(sec.224-ssec.1) The council may enter into a contract for goods and services without first inviting written quotes or tenders if the contract is entered into under an LGA arrangement.\n(sec.224-ssec.2) An LGA arrangement is an arrangement that— has been entered into by— LGAQ Ltd.; or See section 287 of the Local Government Act 2009 . a company (the associated company ) registered under the Corporations Act , if LGAQ Ltd. is its only shareholder; and if LGAQ Ltd. or the associated company were the council, would be either— a contract with an independent supplier entered into under section 222 by LGAQ Ltd. or the associated company; or a contract with an independent supplier entered into under a preferred supplier arrangement under section 223 .\n(sec.224-ssec.3) An independent supplier is an entity other than a subsidiary (a relevant subsidiary ) of LGAQ Ltd. or the associated company under the Corporations Act .\n(sec.224-ssec.4) Despite subsection (2) (b) , an LGA arrangement may include a contract with a relevant subsidiary from a register of pre-qualified suppliers or a preferred supplier arrangement with a relevant subsidiary if the arrangement is approved by the Minister.\n(sec.224-ssec.5) For deciding whether to approve an LGA arrangement under subsection (4) , the Minister— must have regard to the sound contracting principles; and may ask LGAQ Ltd. or the associated company to give the Minister information or documents relevant to the arrangement. information or documents relating to assessment of the relevant subsidiary’s suitability to be on the register of pre-qualified suppliers or the tender process for the preferred supplier arrangement information or documents relating to the potential impact of the arrangement on council employees\n- (a) has been entered into by— (i) LGAQ Ltd.; or Note— See section 287 of the Local Government Act 2009 . (ii) a company (the associated company ) registered under the Corporations Act , if LGAQ Ltd. is its only shareholder; and\n- (i) LGAQ Ltd.; or Note— See section 287 of the Local Government Act 2009 .\n- (ii) a company (the associated company ) registered under the Corporations Act , if LGAQ Ltd. is its only shareholder; and\n- (b) if LGAQ Ltd. or the associated company were the council, would be either— (i) a contract with an independent supplier entered into under section 222 by LGAQ Ltd. or the associated company; or (ii) a contract with an independent supplier entered into under a preferred supplier arrangement under section 223 .\n- (i) a contract with an independent supplier entered into under section 222 by LGAQ Ltd. or the associated company; or\n- (ii) a contract with an independent supplier entered into under a preferred supplier arrangement under section 223 .\n- (i) LGAQ Ltd.; or Note— See section 287 of the Local Government Act 2009 .\n- (ii) a company (the associated company ) registered under the Corporations Act , if LGAQ Ltd. is its only shareholder; and\n- (i) a contract with an independent supplier entered into under section 222 by LGAQ Ltd. or the associated company; or\n- (ii) a contract with an independent supplier entered into under a preferred supplier arrangement under section 223 .\n- (a) must have regard to the sound contracting principles; and\n- (b) may ask LGAQ Ltd. or the associated company to give the Minister information or documents relevant to the arrangement. Examples of relevant information or documents— • information or documents relating to assessment of the relevant subsidiary’s suitability to be on the register of pre-qualified suppliers or the tender process for the preferred supplier arrangement • information or documents relating to the potential impact of the arrangement on council employees\n- • information or documents relating to assessment of the relevant subsidiary’s suitability to be on the register of pre-qualified suppliers or the tender process for the preferred supplier arrangement\n- • information or documents relating to the potential impact of the arrangement on council employees\n- • information or documents relating to assessment of the relevant subsidiary’s suitability to be on the register of pre-qualified suppliers or the tender process for the preferred supplier arrangement\n- • information or documents relating to the potential impact of the arrangement on council employees","sortOrder":312},{"sectionNumber":"sec.225","sectionType":"section","heading":"Other exceptions","content":"### sec.225 Other exceptions\n\nThe council may enter into a medium-sized contractual arrangement or large-sized contractual arrangement without first inviting written quotes or tenders if—\nthe council resolves it is satisfied that there is only 1 supplier who is reasonably available; or\nthe council resolves that, because of the specialised or confidential nature of the services that are sought, it would be impractical or disadvantageous for the council to invite quotes or tenders; or\na genuine emergency exists; or\nthe contract is for the purchase of goods and is made by auction; or\nthe contract is for the purchase of second-hand goods; or\nthe contract is made with, or under an arrangement with, a government agency.\n- (a) the council resolves it is satisfied that there is only 1 supplier who is reasonably available; or\n- (b) the council resolves that, because of the specialised or confidential nature of the services that are sought, it would be impractical or disadvantageous for the council to invite quotes or tenders; or\n- (c) a genuine emergency exists; or\n- (d) the contract is for the purchase of goods and is made by auction; or\n- (e) the contract is for the purchase of second-hand goods; or\n- (f) the contract is made with, or under an arrangement with, a government agency.","sortOrder":313},{"sectionNumber":"ch.6-pt.3-div.4","sectionType":"division","heading":"Exceptions for valuable non-current asset contracts","content":"## Exceptions for valuable non-current asset contracts","sortOrder":314},{"sectionNumber":"sec.226","sectionType":"section","heading":"Exceptions for valuable non-current asset contracts","content":"### sec.226 Exceptions for valuable non-current asset contracts\n\nSubject to subsections (2) to (5) , the council may dispose of a valuable non-current asset other than by tender or auction if—\nthe valuable non-current asset—\nwas previously offered for sale by tender or auction but was not sold; and\nis sold for more than the highest tender or auction bid that was received; or\nthe valuable non-current asset is disposed of to—\na government agency; or\na community organisation; or\nfor the disposal of land or an interest in land—\nthe land will not be rateable land after the disposal; or\nthe land is disposed of to a person whose restored enjoyment of the land is consistent with Aboriginal tradition or Island custom; or\nthe disposal is for the purpose of renewing the lease of land to the existing tenant of the land; or\nthe land is disposed of to a person who owns adjoining land if—\nthe land is not suitable to be offered for disposal by tender or auction for a particular reason, including, for example, the size of the land or the existence of particular infrastructure on the land; and\nthere is not another person who owns other adjoining land who wishes to acquire the land; and\nit is in the public interest to dispose of the land without a tender or auction; and\nthe disposal is otherwise in accordance with sound contracting principles; or\nall or some of the consideration for the disposal is consideration other than money, for example, other land given in exchange for the disposal, if—\nit is in the public interest to dispose of the land without a tender or auction; and\nthe disposal is otherwise in accordance with sound contracting principles; or\nthe disposal is for the purpose of a lease for a telecommunication tower; or\nthe disposal is of an interest in land that is used as an airport or for related purposes if—\nit is in the public interest to dispose of the interest in land without a tender or auction; and\nthe disposal is otherwise in accordance with sound contracting principles; or\nfor the disposal of a valuable non-current asset, other than land, by way of a trade-in for the supply of goods or services to the council—\nthe supply is, or is to be, made under this part; and\nthe disposal is, or is to be, part of the contract for the supply; or\nfor the disposal of a valuable non-current asset by the grant of a lease—the grant of the lease has previously been offered by tender or auction, but a lease has not been entered into; or\nnone of paragraphs (a) to (e) apply and the council considers the disposal is—\nin the public interest; and\notherwise in accordance with the sound contracting principles.\nAn exception mentioned in subsection (1) applies to the council disposing of a valuable non-current asset only if, before the disposal, the council has decided, by resolution, that the exception may apply to the council on the disposal of a valuable non-current asset other than by tender or auction.\nIf the council makes a resolution deciding that the exception mentioned in subsection (1) (f) may apply to the council on the disposal of a valuable non-current asset other than by tender or auction—\nthe resolution must state—\nwhy the council considers the disposal of the asset other than by tender or auction is in the public interest; and\nhow the disposal is otherwise in accordance with the sound contracting principles; and\nthe council—\nmust, within 5 business days after making the resolution, give a copy of the resolution to the Minister; and\nmust not dispose of the asset as permitted by the exception within 56 days after making the resolution.\nThe council may only dispose of land or an interest in land under this section if the consideration for the disposal would be equal to, or more than, the market value of the land or the interest in land, including the market value of any improvements on the land.\nHowever, subsection (4) does not apply if the land or interest in land is disposed of under subsection (1) (b) , (1) (c) (ii) or (1) (f) .\nFor subsection (4) , a written report about the market value of land or an interest in land from a valuer registered under the Valuers Registration Act 1992 who is not an employee of the council is evidence of the market value of the land or the interest in land.\ns 226 amd 2013 SL No. 10 s 5 ; 2014 SL No. 290 s 11 ; 2025 SL No. 161 s 11\n(sec.226-ssec.1) Subject to subsections (2) to (5) , the council may dispose of a valuable non-current asset other than by tender or auction if— the valuable non-current asset— was previously offered for sale by tender or auction but was not sold; and is sold for more than the highest tender or auction bid that was received; or the valuable non-current asset is disposed of to— a government agency; or a community organisation; or for the disposal of land or an interest in land— the land will not be rateable land after the disposal; or the land is disposed of to a person whose restored enjoyment of the land is consistent with Aboriginal tradition or Island custom; or the disposal is for the purpose of renewing the lease of land to the existing tenant of the land; or the land is disposed of to a person who owns adjoining land if— the land is not suitable to be offered for disposal by tender or auction for a particular reason, including, for example, the size of the land or the existence of particular infrastructure on the land; and there is not another person who owns other adjoining land who wishes to acquire the land; and it is in the public interest to dispose of the land without a tender or auction; and the disposal is otherwise in accordance with sound contracting principles; or all or some of the consideration for the disposal is consideration other than money, for example, other land given in exchange for the disposal, if— it is in the public interest to dispose of the land without a tender or auction; and the disposal is otherwise in accordance with sound contracting principles; or the disposal is for the purpose of a lease for a telecommunication tower; or the disposal is of an interest in land that is used as an airport or for related purposes if— it is in the public interest to dispose of the interest in land without a tender or auction; and the disposal is otherwise in accordance with sound contracting principles; or for the disposal of a valuable non-current asset, other than land, by way of a trade-in for the supply of goods or services to the council— the supply is, or is to be, made under this part; and the disposal is, or is to be, part of the contract for the supply; or for the disposal of a valuable non-current asset by the grant of a lease—the grant of the lease has previously been offered by tender or auction, but a lease has not been entered into; or none of paragraphs (a) to (e) apply and the council considers the disposal is— in the public interest; and otherwise in accordance with the sound contracting principles.\n(sec.226-ssec.2) An exception mentioned in subsection (1) applies to the council disposing of a valuable non-current asset only if, before the disposal, the council has decided, by resolution, that the exception may apply to the council on the disposal of a valuable non-current asset other than by tender or auction.\n(sec.226-ssec.3) If the council makes a resolution deciding that the exception mentioned in subsection (1) (f) may apply to the council on the disposal of a valuable non-current asset other than by tender or auction— the resolution must state— why the council considers the disposal of the asset other than by tender or auction is in the public interest; and how the disposal is otherwise in accordance with the sound contracting principles; and the council— must, within 5 business days after making the resolution, give a copy of the resolution to the Minister; and must not dispose of the asset as permitted by the exception within 56 days after making the resolution.\n(sec.226-ssec.4) The council may only dispose of land or an interest in land under this section if the consideration for the disposal would be equal to, or more than, the market value of the land or the interest in land, including the market value of any improvements on the land.\n(sec.226-ssec.5) However, subsection (4) does not apply if the land or interest in land is disposed of under subsection (1) (b) , (1) (c) (ii) or (1) (f) .\n(sec.226-ssec.6) For subsection (4) , a written report about the market value of land or an interest in land from a valuer registered under the Valuers Registration Act 1992 who is not an employee of the council is evidence of the market value of the land or the interest in land.\n- (a) the valuable non-current asset— (i) was previously offered for sale by tender or auction but was not sold; and (ii) is sold for more than the highest tender or auction bid that was received; or\n- (i) was previously offered for sale by tender or auction but was not sold; and\n- (ii) is sold for more than the highest tender or auction bid that was received; or\n- (b) the valuable non-current asset is disposed of to— (i) a government agency; or (ii) a community organisation; or\n- (i) a government agency; or\n- (ii) a community organisation; or\n- (c) for the disposal of land or an interest in land— (i) the land will not be rateable land after the disposal; or (ii) the land is disposed of to a person whose restored enjoyment of the land is consistent with Aboriginal tradition or Island custom; or (iii) the disposal is for the purpose of renewing the lease of land to the existing tenant of the land; or (iv) the land is disposed of to a person who owns adjoining land if— (A) the land is not suitable to be offered for disposal by tender or auction for a particular reason, including, for example, the size of the land or the existence of particular infrastructure on the land; and (B) there is not another person who owns other adjoining land who wishes to acquire the land; and (C) it is in the public interest to dispose of the land without a tender or auction; and (D) the disposal is otherwise in accordance with sound contracting principles; or (v) all or some of the consideration for the disposal is consideration other than money, for example, other land given in exchange for the disposal, if— (A) it is in the public interest to dispose of the land without a tender or auction; and (B) the disposal is otherwise in accordance with sound contracting principles; or (vi) the disposal is for the purpose of a lease for a telecommunication tower; or (vii) the disposal is of an interest in land that is used as an airport or for related purposes if— (A) it is in the public interest to dispose of the interest in land without a tender or auction; and (B) the disposal is otherwise in accordance with sound contracting principles; or\n- (i) the land will not be rateable land after the disposal; or\n- (ii) the land is disposed of to a person whose restored enjoyment of the land is consistent with Aboriginal tradition or Island custom; or\n- (iii) the disposal is for the purpose of renewing the lease of land to the existing tenant of the land; or\n- (iv) the land is disposed of to a person who owns adjoining land if— (A) the land is not suitable to be offered for disposal by tender or auction for a particular reason, including, for example, the size of the land or the existence of particular infrastructure on the land; and (B) there is not another person who owns other adjoining land who wishes to acquire the land; and (C) it is in the public interest to dispose of the land without a tender or auction; and (D) the disposal is otherwise in accordance with sound contracting principles; or\n- (A) the land is not suitable to be offered for disposal by tender or auction for a particular reason, including, for example, the size of the land or the existence of particular infrastructure on the land; and\n- (B) there is not another person who owns other adjoining land who wishes to acquire the land; and\n- (C) it is in the public interest to dispose of the land without a tender or auction; and\n- (D) the disposal is otherwise in accordance with sound contracting principles; or\n- (v) all or some of the consideration for the disposal is consideration other than money, for example, other land given in exchange for the disposal, if— (A) it is in the public interest to dispose of the land without a tender or auction; and (B) the disposal is otherwise in accordance with sound contracting principles; or\n- (A) it is in the public interest to dispose of the land without a tender or auction; and\n- (B) the disposal is otherwise in accordance with sound contracting principles; or\n- (vi) the disposal is for the purpose of a lease for a telecommunication tower; or\n- (vii) the disposal is of an interest in land that is used as an airport or for related purposes if— (A) it is in the public interest to dispose of the interest in land without a tender or auction; and (B) the disposal is otherwise in accordance with sound contracting principles; or\n- (A) it is in the public interest to dispose of the interest in land without a tender or auction; and\n- (B) the disposal is otherwise in accordance with sound contracting principles; or\n- (d) for the disposal of a valuable non-current asset, other than land, by way of a trade-in for the supply of goods or services to the council— (i) the supply is, or is to be, made under this part; and (ii) the disposal is, or is to be, part of the contract for the supply; or\n- (i) the supply is, or is to be, made under this part; and\n- (ii) the disposal is, or is to be, part of the contract for the supply; or\n- (e) for the disposal of a valuable non-current asset by the grant of a lease—the grant of the lease has previously been offered by tender or auction, but a lease has not been entered into; or\n- (f) none of paragraphs (a) to (e) apply and the council considers the disposal is— (i) in the public interest; and (ii) otherwise in accordance with the sound contracting principles.\n- (i) in the public interest; and\n- (ii) otherwise in accordance with the sound contracting principles.\n- (i) was previously offered for sale by tender or auction but was not sold; and\n- (ii) is sold for more than the highest tender or auction bid that was received; or\n- (i) a government agency; or\n- (ii) a community organisation; or\n- (i) the land will not be rateable land after the disposal; or\n- (ii) the land is disposed of to a person whose restored enjoyment of the land is consistent with Aboriginal tradition or Island custom; or\n- (iii) the disposal is for the purpose of renewing the lease of land to the existing tenant of the land; or\n- (iv) the land is disposed of to a person who owns adjoining land if— (A) the land is not suitable to be offered for disposal by tender or auction for a particular reason, including, for example, the size of the land or the existence of particular infrastructure on the land; and (B) there is not another person who owns other adjoining land who wishes to acquire the land; and (C) it is in the public interest to dispose of the land without a tender or auction; and (D) the disposal is otherwise in accordance with sound contracting principles; or\n- (A) the land is not suitable to be offered for disposal by tender or auction for a particular reason, including, for example, the size of the land or the existence of particular infrastructure on the land; and\n- (B) there is not another person who owns other adjoining land who wishes to acquire the land; and\n- (C) it is in the public interest to dispose of the land without a tender or auction; and\n- (D) the disposal is otherwise in accordance with sound contracting principles; or\n- (v) all or some of the consideration for the disposal is consideration other than money, for example, other land given in exchange for the disposal, if— (A) it is in the public interest to dispose of the land without a tender or auction; and (B) the disposal is otherwise in accordance with sound contracting principles; or\n- (A) it is in the public interest to dispose of the land without a tender or auction; and\n- (B) the disposal is otherwise in accordance with sound contracting principles; or\n- (vi) the disposal is for the purpose of a lease for a telecommunication tower; or\n- (vii) the disposal is of an interest in land that is used as an airport or for related purposes if— (A) it is in the public interest to dispose of the interest in land without a tender or auction; and (B) the disposal is otherwise in accordance with sound contracting principles; or\n- (A) it is in the public interest to dispose of the interest in land without a tender or auction; and\n- (B) the disposal is otherwise in accordance with sound contracting principles; or\n- (A) the land is not suitable to be offered for disposal by tender or auction for a particular reason, including, for example, the size of the land or the existence of particular infrastructure on the land; and\n- (B) there is not another person who owns other adjoining land who wishes to acquire the land; and\n- (C) it is in the public interest to dispose of the land without a tender or auction; and\n- (D) the disposal is otherwise in accordance with sound contracting principles; or\n- (A) it is in the public interest to dispose of the land without a tender or auction; and\n- (B) the disposal is otherwise in accordance with sound contracting principles; or\n- (A) it is in the public interest to dispose of the interest in land without a tender or auction; and\n- (B) the disposal is otherwise in accordance with sound contracting principles; or\n- (i) the supply is, or is to be, made under this part; and\n- (ii) the disposal is, or is to be, part of the contract for the supply; or\n- (i) in the public interest; and\n- (ii) otherwise in accordance with the sound contracting principles.\n- (a) the resolution must state— (i) why the council considers the disposal of the asset other than by tender or auction is in the public interest; and (ii) how the disposal is otherwise in accordance with the sound contracting principles; and\n- (i) why the council considers the disposal of the asset other than by tender or auction is in the public interest; and\n- (ii) how the disposal is otherwise in accordance with the sound contracting principles; and\n- (b) the council— (i) must, within 5 business days after making the resolution, give a copy of the resolution to the Minister; and (ii) must not dispose of the asset as permitted by the exception within 56 days after making the resolution.\n- (i) must, within 5 business days after making the resolution, give a copy of the resolution to the Minister; and\n- (ii) must not dispose of the asset as permitted by the exception within 56 days after making the resolution.\n- (i) why the council considers the disposal of the asset other than by tender or auction is in the public interest; and\n- (ii) how the disposal is otherwise in accordance with the sound contracting principles; and\n- (i) must, within 5 business days after making the resolution, give a copy of the resolution to the Minister; and\n- (ii) must not dispose of the asset as permitted by the exception within 56 days after making the resolution.","sortOrder":315},{"sectionNumber":"ch.6-pt.4","sectionType":"part","heading":"Publishing details of particular contractual arrangements","content":"# Publishing details of particular contractual arrangements","sortOrder":316},{"sectionNumber":"sec.227","sectionType":"section","heading":"Publishing details of contractual arrangements worth $200,000 or more","content":"### sec.227 Publishing details of contractual arrangements worth $200,000 or more\n\nThe council must, as soon as practicable after entering into a contractual arrangement worth $200,000 or more (exclusive of GST) publish the relevant details of the contractual arrangement on the council’s website.\nThe relevant details must be published under subsection (1) for a period of at least 12 months.\nAlso, if a person asks the council to give relevant details of a contractual arrangement, the council must allow the person to inspect the relevant details at the council’s public office.\nIn this section—\nrelevant details , of a contractual arrangement, means the following—\nthe person with whom the council has entered into the contractual arrangement;\nthe value of the contractual arrangement;\nthe purpose of the contractual arrangement.\nthe particular goods or services to be supplied under the contractual arrangement\ns 227 amd 2013 SL No. 273 s 12\n(sec.227-ssec.1) The council must, as soon as practicable after entering into a contractual arrangement worth $200,000 or more (exclusive of GST) publish the relevant details of the contractual arrangement on the council’s website.\n(sec.227-ssec.2) The relevant details must be published under subsection (1) for a period of at least 12 months.\n(sec.227-ssec.3) Also, if a person asks the council to give relevant details of a contractual arrangement, the council must allow the person to inspect the relevant details at the council’s public office.\n(sec.227-ssec.4) In this section— relevant details , of a contractual arrangement, means the following— the person with whom the council has entered into the contractual arrangement; the value of the contractual arrangement; the purpose of the contractual arrangement. the particular goods or services to be supplied under the contractual arrangement\n- (a) the person with whom the council has entered into the contractual arrangement;\n- (b) the value of the contractual arrangement;\n- (c) the purpose of the contractual arrangement. Example— the particular goods or services to be supplied under the contractual arrangement","sortOrder":317},{"sectionNumber":"ch.6-pt.5","sectionType":"part","heading":"Other matters","content":"# Other matters","sortOrder":318},{"sectionNumber":"sec.228","sectionType":"section","heading":"Entering into a contract under a delegation","content":"### sec.228 Entering into a contract under a delegation\n\nThis section applies if the council delegates, under section 238 of the Act , power to make, amend or discharge a contract for the council.\nThe chief executive officer may delegate a power delegated by the council. See the Act , section 239 .\nThe delegate may make, amend or discharge a contract (the contractual action ) for the council if—\nthe council’s expenditure because of the contractual action has been provided for in the approved annual budget for—\nthe financial year when the contractual action is taken; or\nthe financial year in which the delegation is made, if the expenditure is within the limits stated in the resolution making the delegation; or\nthe contractual action has been taken because of genuine emergency or hardship.\nThe delegate may take the contractual action in the same way as an individual.\nThis section does not affect another law that requires—\nan approval, consent or permission to be obtained; or\na procedure to be complied with for taking the contractual action.\n(sec.228-ssec.1) This section applies if the council delegates, under section 238 of the Act , power to make, amend or discharge a contract for the council. The chief executive officer may delegate a power delegated by the council. See the Act , section 239 .\n(sec.228-ssec.2) The delegate may make, amend or discharge a contract (the contractual action ) for the council if— the council’s expenditure because of the contractual action has been provided for in the approved annual budget for— the financial year when the contractual action is taken; or the financial year in which the delegation is made, if the expenditure is within the limits stated in the resolution making the delegation; or the contractual action has been taken because of genuine emergency or hardship.\n(sec.228-ssec.3) The delegate may take the contractual action in the same way as an individual.\n(sec.228-ssec.4) This section does not affect another law that requires— an approval, consent or permission to be obtained; or a procedure to be complied with for taking the contractual action.\n- (a) the council’s expenditure because of the contractual action has been provided for in the approved annual budget for— (i) the financial year when the contractual action is taken; or (ii) the financial year in which the delegation is made, if the expenditure is within the limits stated in the resolution making the delegation; or\n- (i) the financial year when the contractual action is taken; or\n- (ii) the financial year in which the delegation is made, if the expenditure is within the limits stated in the resolution making the delegation; or\n- (b) the contractual action has been taken because of genuine emergency or hardship.\n- (i) the financial year when the contractual action is taken; or\n- (ii) the financial year in which the delegation is made, if the expenditure is within the limits stated in the resolution making the delegation; or\n- (a) an approval, consent or permission to be obtained; or\n- (b) a procedure to be complied with for taking the contractual action.","sortOrder":319},{"sectionNumber":"ch.8-pt.1","sectionType":"part","heading":"Councillors","content":"# Councillors","sortOrder":320},{"sectionNumber":"ch.8-pt.1-div.1","sectionType":"division","heading":"Councillor remuneration","content":"## Councillor remuneration","sortOrder":321},{"sectionNumber":"sec.230","sectionType":"section","heading":"What div 1 is about","content":"### sec.230 What div 1 is about\n\nThis division prescribes requirements for the council’s processes in deciding the remuneration payable to councillors.","sortOrder":322},{"sectionNumber":"sec.231","sectionType":"section","heading":"Differential remuneration","content":"### sec.231 Differential remuneration\n\nThe council may decide the remuneration that is payable to councillors differentially according to the following classes of offices—\nthe mayor;\nthe deputy mayor;\nthe leader of the opposition;\nthe chairperson of the council;\nchairpersons of standing committees of the council;\nother councillors.\n- (a) the mayor;\n- (b) the deputy mayor;\n- (c) the leader of the opposition;\n- (d) the chairperson of the council;\n- (e) chairpersons of standing committees of the council;\n- (f) other councillors.","sortOrder":323},{"sectionNumber":"sec.232","sectionType":"section","heading":"Remuneration for director’s functions","content":"### sec.232 Remuneration for director’s functions\n\nThe council may decide additional remuneration is payable to councillors who are directors of, or shareholder delegates for, a corporatised business entity.\nHowever, the council can not differentiate between the additional remuneration payable to councillors who are directors of, or shareholder delegates for, a corporatised business entity.\n(sec.232-ssec.1) The council may decide additional remuneration is payable to councillors who are directors of, or shareholder delegates for, a corporatised business entity.\n(sec.232-ssec.2) However, the council can not differentiate between the additional remuneration payable to councillors who are directors of, or shareholder delegates for, a corporatised business entity.","sortOrder":324},{"sectionNumber":"sec.233","sectionType":"section","heading":"Excluded matters","content":"### sec.233 Excluded matters\n\nThe remuneration can not include—\nany amount for expenses to be paid, or facilities to be provided, to a councillor under the council’s expenses reimbursement policy; or\nany contribution the council makes for a councillor to a voluntary superannuation scheme for councillors established or taken part in by the council under section 210 of the Act .\nHowever, the remuneration may include an additional amount for councillors who are over 75 years paid in lieu of the contributions mentioned in subsection (1) (b) .\n(sec.233-ssec.1) The remuneration can not include— any amount for expenses to be paid, or facilities to be provided, to a councillor under the council’s expenses reimbursement policy; or any contribution the council makes for a councillor to a voluntary superannuation scheme for councillors established or taken part in by the council under section 210 of the Act .\n(sec.233-ssec.2) However, the remuneration may include an additional amount for councillors who are over 75 years paid in lieu of the contributions mentioned in subsection (1) (b) .\n- (a) any amount for expenses to be paid, or facilities to be provided, to a councillor under the council’s expenses reimbursement policy; or\n- (b) any contribution the council makes for a councillor to a voluntary superannuation scheme for councillors established or taken part in by the council under section 210 of the Act .","sortOrder":325},{"sectionNumber":"sec.234","sectionType":"section","heading":"Criteria for remuneration decisions","content":"### sec.234 Criteria for remuneration decisions\n\nIn making a decision under this division, the council must have regard to—\nthe provisions of the Act about entitlements and responsibilities of councillors; and\ncommunity expectations about what is appropriate remuneration in the circumstances.\n- (a) the provisions of the Act about entitlements and responsibilities of councillors; and\n- (b) community expectations about what is appropriate remuneration in the circumstances.","sortOrder":326},{"sectionNumber":"sec.235","sectionType":"section","heading":"Publication of remuneration decisions","content":"### sec.235 Publication of remuneration decisions\n\nAs soon as practicable after the council makes a decision about the remuneration payable to councillors, the council must publish details of the decision on the council’s website and in any other way the chief executive officer considers appropriate.\ns 235 amd 2020 SL No. 244 s 20","sortOrder":327},{"sectionNumber":"ch.8-pt.1-div.2","sectionType":"division","heading":"Reimbursement of expenses and provision of facilities","content":"## Reimbursement of expenses and provision of facilities","sortOrder":328},{"sectionNumber":"sec.236","sectionType":"section","heading":"What div 2 is about","content":"### sec.236 What div 2 is about\n\nThis division is about the expenses reimbursement policy.\nThe expenses reimbursement policy is a policy providing for the following—\npayment of reasonable expenses incurred, or to be incurred, by councillors for discharging their duties and responsibilities as councillors;\nprovision of facilities to councillors for that purpose.\n(sec.236-ssec.1) This division is about the expenses reimbursement policy.\n(sec.236-ssec.2) The expenses reimbursement policy is a policy providing for the following— payment of reasonable expenses incurred, or to be incurred, by councillors for discharging their duties and responsibilities as councillors; provision of facilities to councillors for that purpose.\n- (a) payment of reasonable expenses incurred, or to be incurred, by councillors for discharging their duties and responsibilities as councillors;\n- (b) provision of facilities to councillors for that purpose.","sortOrder":329},{"sectionNumber":"sec.237","sectionType":"section","heading":"Requirement to adopt expenses reimbursement policy or amendment","content":"### sec.237 Requirement to adopt expenses reimbursement policy or amendment\n\nThe council must adopt an expenses reimbursement policy.\nThe council may, by resolution, amend its expenses reimbursement policy at any time.\n(sec.237-ssec.1) The council must adopt an expenses reimbursement policy.\n(sec.237-ssec.2) The council may, by resolution, amend its expenses reimbursement policy at any time.","sortOrder":330},{"sectionNumber":"sec.238","sectionType":"section","heading":"Notification of adoption of expenses reimbursement policy","content":"### sec.238 Notification of adoption of expenses reimbursement policy\n\nAs soon as practicable after the council adopts or amends its expenses reimbursement policy, the council must—\nensure a copy of the policy may be viewed and purchased by the public at the council’s public office; and\npublish the policy on the council’s website.\nThe price for purchasing a copy of the policy must be no more than the cost to the council of making the copy available for purchase.\n(sec.238-ssec.1) As soon as practicable after the council adopts or amends its expenses reimbursement policy, the council must— ensure a copy of the policy may be viewed and purchased by the public at the council’s public office; and publish the policy on the council’s website.\n(sec.238-ssec.2) The price for purchasing a copy of the policy must be no more than the cost to the council of making the copy available for purchase.\n- (a) ensure a copy of the policy may be viewed and purchased by the public at the council’s public office; and\n- (b) publish the policy on the council’s website.","sortOrder":331},{"sectionNumber":"sec.239","sectionType":"section","heading":"Meetings about expenses reimbursement policy","content":"### sec.239 Meetings about expenses reimbursement policy\n\nThe council can not resolve under section 242J that a meeting at which a proposed expenses reimbursement policy is discussed (including its adoption or amendment, for example) be closed.\ns 239 amd 2020 SL No. 156 s 4","sortOrder":332},{"sectionNumber":"sec.240","sectionType":"section","heading":null,"content":"### Section sec.240\n\ns 240 om 2013 Act No. 60 s 33 sch 1","sortOrder":333},{"sectionNumber":"ch.8-pt.1-div.3","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":334},{"sectionNumber":"sec.241","sectionType":"section","heading":"Declaration of office— Act , s 169","content":"### sec.241 Declaration of office— Act , s 169\n\nFor section 169 (2) of the Act , the declaration of office prescribed is—\n‘I, ( insert name of councillor), having been elected/appointed as a councillor of the City of Brisbane, declare that I will faithfully and impartially fulfil the duties of the office, in accordance with the local government principles under the City of Brisbane Act 2010 and the code of conduct for councillors under the Local Government Act 2009 , to the best of my judgment and ability.’.\ns 241 amd 2020 SL No. 52 s 3 ; 2020 SL No. 156 s 5","sortOrder":335},{"sectionNumber":"sec.242","sectionType":"section","heading":"Administrative services for councillors","content":"### sec.242 Administrative services for councillors\n\nThe council must provide each councillor with sufficient administrative services to perform their responsibilities under the Act in accordance with the local government principles.\nFor subsection (1) , a councillor’s responsibilities under the Act include any responsibilities that the councillor may have because of an office of the council that the councillor holds, including, for example, as—\nthe chairperson; or\nthe leader of the opposition; or\na chairperson of a committee.\ns 242 amd 2020 SL No. 156 s 6\n(sec.242-ssec.1) The council must provide each councillor with sufficient administrative services to perform their responsibilities under the Act in accordance with the local government principles.\n(sec.242-ssec.2) For subsection (1) , a councillor’s responsibilities under the Act include any responsibilities that the councillor may have because of an office of the council that the councillor holds, including, for example, as— the chairperson; or the leader of the opposition; or a chairperson of a committee.\n- (a) the chairperson; or\n- (b) the leader of the opposition; or\n- (c) a chairperson of a committee.","sortOrder":336},{"sectionNumber":"sec.242AA","sectionType":"section","heading":"Councillor training— Act , s 169A","content":"### sec.242AA Councillor training— Act , s 169A\n\nFor section 169A (2) (a) of the Act , the period prescribed for a councillor elected at a local government election is the period ending 6 months after the conclusion of the local government election.\nFor section 169A (4) of the Act , the period prescribed is—\nfor the first training approved by the department’s chief executive after the commencement of the Act , section 169A —5 business days after the commencement of this section; and\notherwise—20 business days after the training is approved by the department’s chief executive.\nFor section 169A (5) (a) of the Act , the period prescribed, for a local government election other than a by-election, is the period ending 20 business days after the conclusion of the local government election.\nFor section 169A (7) of the Act , the following requirements are prescribed—\nthe training is provided through an electronic system that identifies each councillor who starts the training and records when the councillor completes the training;\nthe training relates to all of the following—\nthe code of conduct approved under the Local Government Act , section 150E ;\nregisters of interests required under chapter 8 , part 5 ;\ndealing with conflicts of interest under chapter 6 , part 2 , division 5A of the Act .\nIn this section—\nby-election see the Local Government Electoral Act 2011 , schedule 2 .\nlocal government election see the Local Government Electoral Act 2011 , schedule 2 .\ns 242AA ins 2024 SL No. 14 s 4\n(sec.242AA-ssec.1) For section 169A (2) (a) of the Act , the period prescribed for a councillor elected at a local government election is the period ending 6 months after the conclusion of the local government election.\n(sec.242AA-ssec.2) For section 169A (4) of the Act , the period prescribed is— for the first training approved by the department’s chief executive after the commencement of the Act , section 169A —5 business days after the commencement of this section; and otherwise—20 business days after the training is approved by the department’s chief executive.\n(sec.242AA-ssec.3) For section 169A (5) (a) of the Act , the period prescribed, for a local government election other than a by-election, is the period ending 20 business days after the conclusion of the local government election.\n(sec.242AA-ssec.4) For section 169A (7) of the Act , the following requirements are prescribed— the training is provided through an electronic system that identifies each councillor who starts the training and records when the councillor completes the training; the training relates to all of the following— the code of conduct approved under the Local Government Act , section 150E ; registers of interests required under chapter 8 , part 5 ; dealing with conflicts of interest under chapter 6 , part 2 , division 5A of the Act .\n(sec.242AA-ssec.5) In this section— by-election see the Local Government Electoral Act 2011 , schedule 2 . local government election see the Local Government Electoral Act 2011 , schedule 2 . s 242AA ins 2024 SL No. 14 s 4\n- (a) for the first training approved by the department’s chief executive after the commencement of the Act , section 169A —5 business days after the commencement of this section; and\n- (b) otherwise—20 business days after the training is approved by the department’s chief executive.\n- (a) the training is provided through an electronic system that identifies each councillor who starts the training and records when the councillor completes the training;\n- (b) the training relates to all of the following— (i) the code of conduct approved under the Local Government Act , section 150E ; (ii) registers of interests required under chapter 8 , part 5 ; (iii) dealing with conflicts of interest under chapter 6 , part 2 , division 5A of the Act .\n- (i) the code of conduct approved under the Local Government Act , section 150E ;\n- (ii) registers of interests required under chapter 8 , part 5 ;\n- (iii) dealing with conflicts of interest under chapter 6 , part 2 , division 5A of the Act .\n- (i) the code of conduct approved under the Local Government Act , section 150E ;\n- (ii) registers of interests required under chapter 8 , part 5 ;\n- (iii) dealing with conflicts of interest under chapter 6 , part 2 , division 5A of the Act .","sortOrder":337},{"sectionNumber":"sec.242AB","sectionType":"section","heading":"Ordinary business matters relating to documents— Act , s 177C","content":"### sec.242AB Ordinary business matters relating to documents— Act , s 177C\n\nFor section 177C (1) (d) of the Act , the following documents are prescribed—\nthe council’s investigation policy adopted under the Local Government Act, section 150AE ;\nthe council’s annual operational plan adopted under section 166 .\ns 242AB ins 2024 SL No. 14 s 4\n- (a) the council’s investigation policy adopted under the Local Government Act, section 150AE ;\n- (b) the council’s annual operational plan adopted under section 166 .","sortOrder":338},{"sectionNumber":"ch.8-pt.2","sectionType":"part","heading":"Council meetings and committees","content":"# Council meetings and committees","sortOrder":339},{"sectionNumber":"ch.8-pt.2-div.1","sectionType":"division","heading":"Requirements for council meetings generally","content":"## Requirements for council meetings generally","sortOrder":340},{"sectionNumber":"sec.242A","sectionType":"section","heading":"What this division is about","content":"### sec.242A What this division is about\n\nThis division is about council meetings.\nHowever, this division does not apply to meetings of the audit committee.\ns 242A ins 2020 SL No. 156 s 8\n(sec.242A-ssec.1) This division is about council meetings.\n(sec.242A-ssec.2) However, this division does not apply to meetings of the audit committee.","sortOrder":341},{"sectionNumber":"sec.242B","sectionType":"section","heading":"Public notice of meetings","content":"### sec.242B Public notice of meetings\n\nThe council must, at least once in each year, publish a notice of the days and times when—\nits ordinary meetings will be held; and\nthe ordinary meetings of its standing committees will be held.\nThe notice mentioned in subsection (1) must be published on the council’s website, and in other ways the council considers appropriate.\nThe council must display in a conspicuous place in its public office a notice of the days and times when—\nits meetings will be held; and\nmeetings of its committees will be held.\nThe council must, as soon as practicable, notify any change to the days and times mentioned in subsection (1) or (3) in the same way as the days and times were previously notified.\ns 242B ins 2020 SL No. 156 s 8\n(sec.242B-ssec.1) The council must, at least once in each year, publish a notice of the days and times when— its ordinary meetings will be held; and the ordinary meetings of its standing committees will be held.\n(sec.242B-ssec.2) The notice mentioned in subsection (1) must be published on the council’s website, and in other ways the council considers appropriate.\n(sec.242B-ssec.3) The council must display in a conspicuous place in its public office a notice of the days and times when— its meetings will be held; and meetings of its committees will be held.\n(sec.242B-ssec.4) The council must, as soon as practicable, notify any change to the days and times mentioned in subsection (1) or (3) in the same way as the days and times were previously notified.\n- (a) its ordinary meetings will be held; and\n- (b) the ordinary meetings of its standing committees will be held.\n- (a) its meetings will be held; and\n- (b) meetings of its committees will be held.","sortOrder":342},{"sectionNumber":"sec.242C","sectionType":"section","heading":"Notice of meetings and agendas for councillors or committee members","content":"### sec.242C Notice of meetings and agendas for councillors or committee members\n\nNotice of each council meeting or adjourned council meeting must be given to each councillor or committee member at least 2 days before the day of the meeting, unless it is impracticable to give the notice before that time.\nThe notice must—\nstate the day and time of the council meeting; and\nfor a special meeting—state the business to be conducted at the meeting; and\ninclude the agenda for the council meeting.\nThe notice may be given to a councillor or committee member by sending the notice to the councillor or member electronically.\ns 242C ins 2020 SL No. 156 s 8\n(sec.242C-ssec.1) Notice of each council meeting or adjourned council meeting must be given to each councillor or committee member at least 2 days before the day of the meeting, unless it is impracticable to give the notice before that time.\n(sec.242C-ssec.2) The notice must— state the day and time of the council meeting; and for a special meeting—state the business to be conducted at the meeting; and include the agenda for the council meeting.\n(sec.242C-ssec.3) The notice may be given to a councillor or committee member by sending the notice to the councillor or member electronically.\n- (a) state the day and time of the council meeting; and\n- (b) for a special meeting—state the business to be conducted at the meeting; and\n- (c) include the agenda for the council meeting.","sortOrder":343},{"sectionNumber":"sec.242D","sectionType":"section","heading":"Public availability of agendas","content":"### sec.242D Public availability of agendas\n\nThe council must make the agenda for a council meeting publicly available by 5p.m. on the next business day after notice of the meeting is given under section 242C .\nAlso, the council must make a related report for a council meeting publicly available as follows—\nif the related report is made available to councillors or committee members before or at the time notice of the meeting is given under section 242C —when the agenda for the meeting is made publicly available under subsection (1) ;\nif the related report is made available to councillors or committee members during the relevant period for the meeting—as soon as practicable after it is made available to the councillors or committee members.\nHowever, the council need not make a related report publicly available to the extent it contains information that is confidential to the council.\nThis section does not affect the right to discuss or deal with, at any council meeting, items arising after notice of the meeting is given under section 242C .\nThis section does not apply to a meeting of the Establishment and Coordination Committee.\nIn this section—\nrelated report , for a council meeting—\nmeans a report or other document relating to an item on the agenda for the meeting that is made available to councillors or committee members for the purposes of the meeting; but\ndoes not include a summary of an investigation report or an investigation report required to be made publicly available under the Local Government Act , section 150AFA or 150AGA .\nrelevant period , for a council meeting, means the period—\nstarting immediately after notice of the meeting is given under section 242C ; and\nending immediately before the meeting is held.\ns 242D ins 2020 SL No. 156 s 8\namd 2023 Act No. 30 s 25\n(sec.242D-ssec.1) The council must make the agenda for a council meeting publicly available by 5p.m. on the next business day after notice of the meeting is given under section 242C .\n(sec.242D-ssec.2) Also, the council must make a related report for a council meeting publicly available as follows— if the related report is made available to councillors or committee members before or at the time notice of the meeting is given under section 242C —when the agenda for the meeting is made publicly available under subsection (1) ; if the related report is made available to councillors or committee members during the relevant period for the meeting—as soon as practicable after it is made available to the councillors or committee members.\n(sec.242D-ssec.3) However, the council need not make a related report publicly available to the extent it contains information that is confidential to the council.\n(sec.242D-ssec.4) This section does not affect the right to discuss or deal with, at any council meeting, items arising after notice of the meeting is given under section 242C .\n(sec.242D-ssec.5) This section does not apply to a meeting of the Establishment and Coordination Committee.\n(sec.242D-ssec.6) In this section— related report , for a council meeting— means a report or other document relating to an item on the agenda for the meeting that is made available to councillors or committee members for the purposes of the meeting; but does not include a summary of an investigation report or an investigation report required to be made publicly available under the Local Government Act , section 150AFA or 150AGA . relevant period , for a council meeting, means the period— starting immediately after notice of the meeting is given under section 242C ; and ending immediately before the meeting is held.\n- (a) if the related report is made available to councillors or committee members before or at the time notice of the meeting is given under section 242C —when the agenda for the meeting is made publicly available under subsection (1) ;\n- (b) if the related report is made available to councillors or committee members during the relevant period for the meeting—as soon as practicable after it is made available to the councillors or committee members.\n- (a) means a report or other document relating to an item on the agenda for the meeting that is made available to councillors or committee members for the purposes of the meeting; but\n- (b) does not include a summary of an investigation report or an investigation report required to be made publicly available under the Local Government Act , section 150AFA or 150AGA .\n- (a) starting immediately after notice of the meeting is given under section 242C ; and\n- (b) ending immediately before the meeting is held.","sortOrder":344},{"sectionNumber":"sec.242E","sectionType":"section","heading":"Procedure at meetings","content":"### sec.242E Procedure at meetings\n\nBusiness may be conducted at a council meeting only if a quorum is present.\nAt a council meeting—\na question is decided by a majority of the votes of the councillors or committee members present; and\nsubject to chapter 6 , part 2 , division 5A of the Act , each councillor or committee member present has a vote on each question to be decided and, if the votes are equal, the person presiding at the meeting has a casting vote.\nAt a meeting of a committee of the council, if a committee member present and entitled to vote fails to vote, the member is taken to have voted in the negative.\ns 242E ins 2020 SL No. 156 s 8\n(sec.242E-ssec.1) Business may be conducted at a council meeting only if a quorum is present.\n(sec.242E-ssec.2) At a council meeting— a question is decided by a majority of the votes of the councillors or committee members present; and subject to chapter 6 , part 2 , division 5A of the Act , each councillor or committee member present has a vote on each question to be decided and, if the votes are equal, the person presiding at the meeting has a casting vote.\n(sec.242E-ssec.3) At a meeting of a committee of the council, if a committee member present and entitled to vote fails to vote, the member is taken to have voted in the negative.\n- (a) a question is decided by a majority of the votes of the councillors or committee members present; and\n- (b) subject to chapter 6 , part 2 , division 5A of the Act , each councillor or committee member present has a vote on each question to be decided and, if the votes are equal, the person presiding at the meeting has a casting vote.","sortOrder":345},{"sectionNumber":"sec.242F","sectionType":"section","heading":"Minutes","content":"### sec.242F Minutes\n\nThe chief executive officer must ensure minutes of each council meeting are taken under the supervision of the person presiding at the meeting.\nMinutes of each council meeting must include—\nthe names of councillors or committee members present at the meeting; and\nif a division is called on a question—the names of all persons voting on the question and how they voted; and\neach relevant report for the meeting, other than to the extent the relevant report contains information that is confidential to the council.\nHowever, the minutes of a council meeting need not include a relevant report if the relevant report has been made publicly available under section 242D .\nAt each council meeting, the minutes of the previous meeting must be confirmed by the councillors or committee members present.\nA councillor or committee member present at a council meeting may vote to confirm the minutes of the previous meeting even if—\nthe councillor or member was not present at the previous meeting; or\nfor a councillor—the councillor had a prescribed conflict of interest or declarable conflict of interest in a matter considered, discussed or voted on at the previous meeting.\nA copy of the minutes of each council meeting must be made publicly available by 5p.m. on the tenth day after the meeting is held, unless the minutes are sooner confirmed.\nWhen the minutes of a council meeting have been confirmed, a copy of the confirmed minutes must be made publicly available, and available for purchase at the council’s public office, as soon as practicable after the meeting at which the minutes are confirmed is held.\nThe price for purchasing a copy of the minutes of a council meeting must not be more than the total of—\nthe cost to the council of having the copy printed and made available for purchase; and\nif the copy is supplied to a purchaser by post—the cost of postage.\nIn this section—\nrelevant report , for a council meeting, means a report or other document—\ndirectly relevant to a matter considered or voted on at the meeting; or\npresented at the meeting for the consideration or information of the council or committee.\na video or recording, or a transcript of the video or recording, watched or listened to by councillors at a council meeting before making a decision\na chart, diagram, spreadsheet or picture considered at a council meeting\na copy of an auditor-general’s observation report presented at a meeting of the council under section 203 (3)\na petition or media release presented at a council meeting\ns 242F ins 2020 SL No. 156 s 8\n(sec.242F-ssec.1) The chief executive officer must ensure minutes of each council meeting are taken under the supervision of the person presiding at the meeting.\n(sec.242F-ssec.2) Minutes of each council meeting must include— the names of councillors or committee members present at the meeting; and if a division is called on a question—the names of all persons voting on the question and how they voted; and each relevant report for the meeting, other than to the extent the relevant report contains information that is confidential to the council.\n(sec.242F-ssec.3) However, the minutes of a council meeting need not include a relevant report if the relevant report has been made publicly available under section 242D .\n(sec.242F-ssec.4) At each council meeting, the minutes of the previous meeting must be confirmed by the councillors or committee members present.\n(sec.242F-ssec.5) A councillor or committee member present at a council meeting may vote to confirm the minutes of the previous meeting even if— the councillor or member was not present at the previous meeting; or for a councillor—the councillor had a prescribed conflict of interest or declarable conflict of interest in a matter considered, discussed or voted on at the previous meeting.\n(sec.242F-ssec.6) A copy of the minutes of each council meeting must be made publicly available by 5p.m. on the tenth day after the meeting is held, unless the minutes are sooner confirmed.\n(sec.242F-ssec.7) When the minutes of a council meeting have been confirmed, a copy of the confirmed minutes must be made publicly available, and available for purchase at the council’s public office, as soon as practicable after the meeting at which the minutes are confirmed is held.\n(sec.242F-ssec.8) The price for purchasing a copy of the minutes of a council meeting must not be more than the total of— the cost to the council of having the copy printed and made available for purchase; and if the copy is supplied to a purchaser by post—the cost of postage.\n(sec.242F-ssec.9) In this section— relevant report , for a council meeting, means a report or other document— directly relevant to a matter considered or voted on at the meeting; or presented at the meeting for the consideration or information of the council or committee. a video or recording, or a transcript of the video or recording, watched or listened to by councillors at a council meeting before making a decision a chart, diagram, spreadsheet or picture considered at a council meeting a copy of an auditor-general’s observation report presented at a meeting of the council under section 203 (3) a petition or media release presented at a council meeting\n- (a) the names of councillors or committee members present at the meeting; and\n- (b) if a division is called on a question—the names of all persons voting on the question and how they voted; and\n- (c) each relevant report for the meeting, other than to the extent the relevant report contains information that is confidential to the council.\n- (a) the councillor or member was not present at the previous meeting; or\n- (b) for a councillor—the councillor had a prescribed conflict of interest or declarable conflict of interest in a matter considered, discussed or voted on at the previous meeting.\n- (a) the cost to the council of having the copy printed and made available for purchase; and\n- (b) if the copy is supplied to a purchaser by post—the cost of postage.\n- (a) directly relevant to a matter considered or voted on at the meeting; or\n- (b) presented at the meeting for the consideration or information of the council or committee.\n- • a video or recording, or a transcript of the video or recording, watched or listened to by councillors at a council meeting before making a decision\n- • a chart, diagram, spreadsheet or picture considered at a council meeting\n- • a copy of an auditor-general’s observation report presented at a meeting of the council under section 203 (3)\n- • a petition or media release presented at a council meeting","sortOrder":346},{"sectionNumber":"sec.242G","sectionType":"section","heading":"Advisory committees exempted from taking minutes","content":"### sec.242G Advisory committees exempted from taking minutes\n\nThe council may, by resolution, exempt an advisory committee from the requirement to take minutes of its proceedings.\nIf the council exempts an advisory committee under subsection (1) —\nsection 242F does not apply to the committee; and\nthe committee must give the council a written report of the committee’s deliberations and its advice or recommendations; and\nfor section 177X (2) or (4) of the Act , the way prescribed is by including the information in a written statement given to the council.\ns 242G ins 2020 SL No. 156 s 8\n(sec.242G-ssec.1) The council may, by resolution, exempt an advisory committee from the requirement to take minutes of its proceedings.\n(sec.242G-ssec.2) If the council exempts an advisory committee under subsection (1) — section 242F does not apply to the committee; and the committee must give the council a written report of the committee’s deliberations and its advice or recommendations; and for section 177X (2) or (4) of the Act , the way prescribed is by including the information in a written statement given to the council.\n- (a) section 242F does not apply to the committee; and\n- (b) the committee must give the council a written report of the committee’s deliberations and its advice or recommendations; and\n- (c) for section 177X (2) or (4) of the Act , the way prescribed is by including the information in a written statement given to the council.","sortOrder":347},{"sectionNumber":"sec.242H","sectionType":"section","heading":"Recording of reasons for particular decisions","content":"### sec.242H Recording of reasons for particular decisions\n\nThis section applies if a decision made at a council meeting is inconsistent with a recommendation or advice given to the council by an advisor of the council and either or both of the following apply to the decision—\nthe decision is about entering into a contract the total value of which is more than the greater of the following—\n$200,000 exclusive of GST;\n1% of the council’s net rate and utility charges as stated in the council’s audited financial statements included in the council’s most recently adopted annual report;\nthe decision is inconsistent with a policy of the council, or the approach ordinarily followed by the council for the type of decision.\nthe grant of a licence, permit or approval, however named, under an Act or local law\nthe grant of a concession, rebate or waiver in relation to an amount owed to the council\nthe disposal of land or a non-current asset\nAlso, this section applies if a decision is made at a council meeting about a conduct breach under the Local Government Act , section 150AG that is inconsistent with a recommendation made by the entity who conducted the investigation into the conduct.\nThe chief executive officer must ensure the minutes of the council meeting include a statement of the reasons for not adopting the recommendation or advice.\nIn this section—\nadvisor , of the council, means a person—\nwho is an employee of the council or is otherwise engaged to provide services to the council; and\nwhose duties include giving a recommendation or advice.\ns 242H ins 2020 SL No. 156 s 8\namd 2023 Act No. 30 s 26\n(sec.242H-ssec.1) This section applies if a decision made at a council meeting is inconsistent with a recommendation or advice given to the council by an advisor of the council and either or both of the following apply to the decision— the decision is about entering into a contract the total value of which is more than the greater of the following— $200,000 exclusive of GST; 1% of the council’s net rate and utility charges as stated in the council’s audited financial statements included in the council’s most recently adopted annual report; the decision is inconsistent with a policy of the council, or the approach ordinarily followed by the council for the type of decision. the grant of a licence, permit or approval, however named, under an Act or local law the grant of a concession, rebate or waiver in relation to an amount owed to the council the disposal of land or a non-current asset\n(sec.242H-ssec.2) Also, this section applies if a decision is made at a council meeting about a conduct breach under the Local Government Act , section 150AG that is inconsistent with a recommendation made by the entity who conducted the investigation into the conduct.\n(sec.242H-ssec.3) The chief executive officer must ensure the minutes of the council meeting include a statement of the reasons for not adopting the recommendation or advice.\n(sec.242H-ssec.4) In this section— advisor , of the council, means a person— who is an employee of the council or is otherwise engaged to provide services to the council; and whose duties include giving a recommendation or advice.\n- (a) the decision is about entering into a contract the total value of which is more than the greater of the following— (i) $200,000 exclusive of GST; (ii) 1% of the council’s net rate and utility charges as stated in the council’s audited financial statements included in the council’s most recently adopted annual report;\n- (i) $200,000 exclusive of GST;\n- (ii) 1% of the council’s net rate and utility charges as stated in the council’s audited financial statements included in the council’s most recently adopted annual report;\n- (b) the decision is inconsistent with a policy of the council, or the approach ordinarily followed by the council for the type of decision.\n- (i) $200,000 exclusive of GST;\n- (ii) 1% of the council’s net rate and utility charges as stated in the council’s audited financial statements included in the council’s most recently adopted annual report;\n- • the grant of a licence, permit or approval, however named, under an Act or local law\n- • the grant of a concession, rebate or waiver in relation to an amount owed to the council\n- • the disposal of land or a non-current asset\n- (a) who is an employee of the council or is otherwise engaged to provide services to the council; and\n- (b) whose duties include giving a recommendation or advice.","sortOrder":348},{"sectionNumber":"sec.242I","sectionType":"section","heading":"Meetings in public unless otherwise resolved","content":"### sec.242I Meetings in public unless otherwise resolved\n\nA council meeting is open to the public unless the council or committee has resolved that the meeting is to be closed under section 242J .\nThis section does not apply to a meeting of the Establishment and Coordination Committee.\ns 242I ins 2020 SL No. 156 s 8\n(sec.242I-ssec.1) A council meeting is open to the public unless the council or committee has resolved that the meeting is to be closed under section 242J .\n(sec.242I-ssec.2) This section does not apply to a meeting of the Establishment and Coordination Committee.","sortOrder":349},{"sectionNumber":"sec.242J","sectionType":"section","heading":"Closed meetings","content":"### sec.242J Closed meetings\n\nThe council may resolve that all or part of a meeting of the council be closed to the public.\nA committee of the council may resolve that all or part of a meeting of the committee be closed to the public.\nHowever, the council or a committee of the council may make a resolution about a council meeting under subsection (1) or (2) only if its councillors or members consider it necessary to close the meeting to discuss one or more of the following matters—\nthe appointment, discipline or dismissal of the chief executive officer or a senior executive employee;\nthe appointment of a senior contract employee;\nindustrial matters affecting employees;\nthe council’s budget;\nrating concessions;\nlegal advice obtained by the council or legal proceedings involving the council including, for example, legal proceedings that may be taken by or against the council;\nmatters that may directly affect the health and safety of an individual or group of individuals;\nnegotiations relating to a commercial matter involving the council for which a public discussion would be likely to prejudice the interests of the council;\nnegotiations relating to the taking of land by the council under the Acquisition of Land Act 1967 ;\na matter the council is required to keep confidential under a law of, or formal arrangement with, the Commonwealth or a State;\nan investigation report given to the council under the Local Government Act , chapter 5A , part 3 , division 5 .\nHowever, the council or a committee of the council must not resolve that a part of a council meeting at which a decision mentioned in section 177O (2) , 177P (3) or 177R (2) of the Act will be considered, discussed, voted on or made be closed.\nA resolution that a council meeting be closed must—\nstate the matter mentioned in subsection (3) that is to be discussed; and\ninclude an overview of what is to be discussed while the meeting is closed.\nThe council or a committee of the council must not make a resolution (other than a procedural resolution) in a council meeting, or a part of a council meeting, that is closed.\ns 242J ins 2020 SL No. 156 s 8\namd 2023 Act No. 30 s 27 ; 2026 Act No. 5 s 37\n(sec.242J-ssec.1) The council may resolve that all or part of a meeting of the council be closed to the public.\n(sec.242J-ssec.2) A committee of the council may resolve that all or part of a meeting of the committee be closed to the public.\n(sec.242J-ssec.3) However, the council or a committee of the council may make a resolution about a council meeting under subsection (1) or (2) only if its councillors or members consider it necessary to close the meeting to discuss one or more of the following matters— the appointment, discipline or dismissal of the chief executive officer or a senior executive employee; the appointment of a senior contract employee; industrial matters affecting employees; the council’s budget; rating concessions; legal advice obtained by the council or legal proceedings involving the council including, for example, legal proceedings that may be taken by or against the council; matters that may directly affect the health and safety of an individual or group of individuals; negotiations relating to a commercial matter involving the council for which a public discussion would be likely to prejudice the interests of the council; negotiations relating to the taking of land by the council under the Acquisition of Land Act 1967 ; a matter the council is required to keep confidential under a law of, or formal arrangement with, the Commonwealth or a State; an investigation report given to the council under the Local Government Act , chapter 5A , part 3 , division 5 .\n(sec.242J-ssec.4) However, the council or a committee of the council must not resolve that a part of a council meeting at which a decision mentioned in section 177O (2) , 177P (3) or 177R (2) of the Act will be considered, discussed, voted on or made be closed.\n(sec.242J-ssec.5) A resolution that a council meeting be closed must— state the matter mentioned in subsection (3) that is to be discussed; and include an overview of what is to be discussed while the meeting is closed.\n(sec.242J-ssec.6) The council or a committee of the council must not make a resolution (other than a procedural resolution) in a council meeting, or a part of a council meeting, that is closed.\n- (a) the appointment, discipline or dismissal of the chief executive officer or a senior executive employee;\n- (aa) the appointment of a senior contract employee;\n- (b) industrial matters affecting employees;\n- (c) the council’s budget;\n- (d) rating concessions;\n- (e) legal advice obtained by the council or legal proceedings involving the council including, for example, legal proceedings that may be taken by or against the council;\n- (f) matters that may directly affect the health and safety of an individual or group of individuals;\n- (g) negotiations relating to a commercial matter involving the council for which a public discussion would be likely to prejudice the interests of the council;\n- (h) negotiations relating to the taking of land by the council under the Acquisition of Land Act 1967 ;\n- (i) a matter the council is required to keep confidential under a law of, or formal arrangement with, the Commonwealth or a State;\n- (j) an investigation report given to the council under the Local Government Act , chapter 5A , part 3 , division 5 .\n- (a) state the matter mentioned in subsection (3) that is to be discussed; and\n- (b) include an overview of what is to be discussed while the meeting is closed.","sortOrder":350},{"sectionNumber":"sec.242K","sectionType":"section","heading":"Participating in meetings by audio link or audio visual link","content":"### sec.242K Participating in meetings by audio link or audio visual link\n\nThe council may allow a person to take part in a meeting of the council by audio link or audio visual link.\nA committee of the council may allow a person to take part in a meeting of the committee by audio link or audio visual link.\nA councillor or committee member who takes part in a council meeting under subsection (1) or (2) is taken to be present at the meeting if the councillor or member was simultaneously in audio contact with each other person at the meeting.\nIn this section—\naudio link see the Evidence Act 1977 , section 39C .\naudio visual link see the Evidence Act 1977 , schedule 3 .\ns 242K ins 2020 SL No. 156 s 8\n(sec.242K-ssec.1) The council may allow a person to take part in a meeting of the council by audio link or audio visual link.\n(sec.242K-ssec.2) A committee of the council may allow a person to take part in a meeting of the committee by audio link or audio visual link.\n(sec.242K-ssec.3) A councillor or committee member who takes part in a council meeting under subsection (1) or (2) is taken to be present at the meeting if the councillor or member was simultaneously in audio contact with each other person at the meeting.\n(sec.242K-ssec.4) In this section— audio link see the Evidence Act 1977 , section 39C . audio visual link see the Evidence Act 1977 , schedule 3 .","sortOrder":351},{"sectionNumber":"ch.8-pt.2-div.2","sectionType":"division","heading":"Requirements for meetings of the council","content":"## Requirements for meetings of the council","sortOrder":352},{"sectionNumber":"sec.243","sectionType":"section","heading":"What this division is about","content":"### sec.243 What this division is about\n\nThis division is about the meetings of the council (other than meetings of its committees).\ns 243 amd 2020 SL No. 156 s 9","sortOrder":353},{"sectionNumber":"sec.244","sectionType":"section","heading":"Agenda of post-election meetings","content":"### sec.244 Agenda of post-election meetings\n\nThe matters the council must consider at a post-election meeting include the day and time for holding other meetings.\nA post-election meeting is the meeting mentioned in section 177 (1) of the Act .\n(sec.244-ssec.1) The matters the council must consider at a post-election meeting include the day and time for holding other meetings.\n(sec.244-ssec.2) A post-election meeting is the meeting mentioned in section 177 (1) of the Act .","sortOrder":354},{"sectionNumber":"sec.245","sectionType":"section","heading":"Frequency and place of meetings","content":"### sec.245 Frequency and place of meetings\n\nThe council may decide how often it is to meet.\nHowever, the council must hold an extraordinary council meeting or a special council meeting if requested by the mayor or 9 or more of its councillors.\nAn extraordinary council meeting is a meeting of the council that is in addition to any meetings of the council decided under subsection (1) .\nAll meetings of the council are to be held—\nat 1 of the council’s public offices; or\nfor a particular meeting—at another place fixed by the council, by resolution, for the meeting.\nA special meeting is an extraordinary council meeting at which the only business that may be conducted is the business stated in the notice of meeting.\n(sec.245-ssec.1) The council may decide how often it is to meet.\n(sec.245-ssec.2) However, the council must hold an extraordinary council meeting or a special council meeting if requested by the mayor or 9 or more of its councillors.\n(sec.245-ssec.3) An extraordinary council meeting is a meeting of the council that is in addition to any meetings of the council decided under subsection (1) .\n(sec.245-ssec.4) All meetings of the council are to be held— at 1 of the council’s public offices; or for a particular meeting—at another place fixed by the council, by resolution, for the meeting.\n(sec.245-ssec.5) A special meeting is an extraordinary council meeting at which the only business that may be conducted is the business stated in the notice of meeting.\n- (a) at 1 of the council’s public offices; or\n- (b) for a particular meeting—at another place fixed by the council, by resolution, for the meeting.","sortOrder":355},{"sectionNumber":"sec.246","sectionType":"section","heading":null,"content":"### Section sec.246\n\ns 246 om 2020 SL No. 156 s 10","sortOrder":356},{"sectionNumber":"sec.247","sectionType":"section","heading":null,"content":"### Section sec.247\n\ns 247 om 2020 SL No. 156 s 10","sortOrder":357},{"sectionNumber":"sec.248","sectionType":"section","heading":"Quorum at meetings","content":"### sec.248 Quorum at meetings\n\nA quorum of the council is a majority of its councillors.\nHowever, if the number of councillors is an even number, one-half of the number is a quorum.\n(sec.248-ssec.1) A quorum of the council is a majority of its councillors.\n(sec.248-ssec.2) However, if the number of councillors is an even number, one-half of the number is a quorum.","sortOrder":358},{"sectionNumber":"sec.249","sectionType":"section","heading":null,"content":"### Section sec.249\n\ns 249 om 2020 SL No. 156 s 11","sortOrder":359},{"sectionNumber":"sec.250","sectionType":"section","heading":null,"content":"### Section sec.250\n\ns 250 om 2020 SL No. 156 s 11","sortOrder":360},{"sectionNumber":"sec.251","sectionType":"section","heading":"Adjournment of meetings","content":"### sec.251 Adjournment of meetings\n\nThe majority of councillors present at a meeting of the council may adjourn the meeting to a later hour of the same day or to a later day.\nIf a quorum is not present within 15 minutes after the time appointed for a meeting, the meeting may be adjourned to a later hour or another day within 14 days after the day of adjournment, by—\na majority of the councillors present; or\nif only 1 councillor is present—the councillor; or\nif no councillors are present—the chief executive officer.\n(sec.251-ssec.1) The majority of councillors present at a meeting of the council may adjourn the meeting to a later hour of the same day or to a later day.\n(sec.251-ssec.2) If a quorum is not present within 15 minutes after the time appointed for a meeting, the meeting may be adjourned to a later hour or another day within 14 days after the day of adjournment, by— a majority of the councillors present; or if only 1 councillor is present—the councillor; or if no councillors are present—the chief executive officer.\n- (a) a majority of the councillors present; or\n- (b) if only 1 councillor is present—the councillor; or\n- (c) if no councillors are present—the chief executive officer.","sortOrder":361},{"sectionNumber":"sec.252","sectionType":"section","heading":"Repeal or amendment of resolutions","content":"### sec.252 Repeal or amendment of resolutions\n\nA resolution of the council may be repealed or amended only if written notice of intention to propose the repeal or amendment is given to each councillor at least 5 days before the meeting at which the proposal is to be made.","sortOrder":362},{"sectionNumber":"ch.8-pt.2-div.3","sectionType":"division","heading":"Committees and requirements for committee meetings","content":"## Committees and requirements for committee meetings","sortOrder":363},{"sectionNumber":"sec.253","sectionType":"section","heading":"What this division is about","content":"### sec.253 What this division is about\n\nThis division is about committees of the council.\nHowever, this division does not apply to the audit committee.\ns 253 prev s 253 om 2020 SL No. 156 s 12\npres s 253 ins 2020 SL No. 156 s 13\n(sec.253-ssec.1) This division is about committees of the council.\n(sec.253-ssec.2) However, this division does not apply to the audit committee.","sortOrder":364},{"sectionNumber":"sec.254","sectionType":"section","heading":"Advisory committees","content":"### sec.254 Advisory committees\n\nAn advisory committee—\nmust not be appointed as a standing committee; and\nmay include in its members persons who are not councillors.\nA member of an advisory committee (whether or not they are a councillor) may vote on business before the committee.\ns 254 prev s 254 om 2020 SL No. 156 s 12\npres s 254 ins 2020 SL No. 156 s 13\n(sec.254-ssec.1) An advisory committee— must not be appointed as a standing committee; and may include in its members persons who are not councillors.\n(sec.254-ssec.2) A member of an advisory committee (whether or not they are a councillor) may vote on business before the committee.\n- (a) must not be appointed as a standing committee; and\n- (b) may include in its members persons who are not councillors.","sortOrder":365},{"sectionNumber":"sec.254A","sectionType":"section","heading":"Alternate members of committees","content":"### sec.254A Alternate members of committees\n\nIf the council appoints a committee, the council may appoint 1 person as an alternate member of the committee.\nAn alternate member of a committee is a person who attends meetings of the committee and acts as a member of the committee whenever another member of the committee is absent from the meeting of the committee.\nHowever, for a meeting of a standing committee of the council, the alternate member may attend and act as a member of the committee for the mayor only if the mayor is the chairperson of the committee.\ns 254A ins 2020 SL No. 156 s 13\n(sec.254A-ssec.1) If the council appoints a committee, the council may appoint 1 person as an alternate member of the committee.\n(sec.254A-ssec.2) An alternate member of a committee is a person who attends meetings of the committee and acts as a member of the committee whenever another member of the committee is absent from the meeting of the committee.\n(sec.254A-ssec.3) However, for a meeting of a standing committee of the council, the alternate member may attend and act as a member of the committee for the mayor only if the mayor is the chairperson of the committee.","sortOrder":366},{"sectionNumber":"sec.254B","sectionType":"section","heading":"Frequency of meetings","content":"### sec.254B Frequency of meetings\n\nMeetings of a committee are held at the times and places decided by the committee.\ns 254B ins 2020 SL No. 156 s 13","sortOrder":367},{"sectionNumber":"sec.255","sectionType":"section","heading":"Quorum","content":"### sec.255 Quorum\n\nA quorum of a committee is a majority of its members.\nHowever, if the number of members is an even number, one-half of the number is a quorum.\nSubsection (4) applies if—\nthe mayor is a member of a standing committee of the council, other than the chairperson of the committee; and\nthe mayor is not present at a meeting of the committee.\nFor working out a quorum for the meeting, the mayor is not counted as a member of the committee.\ns 255 prev s 255 om 2020 SL No. 156 s 12\npres s 255 ins 2020 SL No. 156 s 13\n(sec.255-ssec.1) A quorum of a committee is a majority of its members.\n(sec.255-ssec.2) However, if the number of members is an even number, one-half of the number is a quorum.\n(sec.255-ssec.3) Subsection (4) applies if— the mayor is a member of a standing committee of the council, other than the chairperson of the committee; and the mayor is not present at a meeting of the committee.\n(sec.255-ssec.4) For working out a quorum for the meeting, the mayor is not counted as a member of the committee.\n- (a) the mayor is a member of a standing committee of the council, other than the chairperson of the committee; and\n- (b) the mayor is not present at a meeting of the committee.","sortOrder":368},{"sectionNumber":"ch.8-pt.2A","sectionType":"part","heading":null,"content":"","sortOrder":369},{"sectionNumber":"sec.255A","sectionType":"section","heading":null,"content":"### Section sec.255A\n\ns 255A ins 2020 SL No. 42 s 12\namd 2020 SL No. 156 s 14\nexp 30 April 2022 (see s 255G)","sortOrder":370},{"sectionNumber":"sec.255B","sectionType":"section","heading":null,"content":"### Section sec.255B\n\ns 255B ins 2020 SL No. 42 s 12\namd 2020 SL No. 156 s 15\nexp 30 April 2022 (see s 255G)","sortOrder":371},{"sectionNumber":"sec.255C","sectionType":"section","heading":null,"content":"### Section sec.255C\n\ns 255C ins 2020 SL No. 42 s 12\namd 2020 SL No. 156 s 16\nexp 30 April 2022 (see s 255G)","sortOrder":372},{"sectionNumber":"sec.255D","sectionType":"section","heading":null,"content":"### Section sec.255D\n\ns 255D ins 2020 SL No. 42 s 12\namd 2020 SL No. 156 s 17\nexp 30 April 2022 (see s 255G)","sortOrder":373},{"sectionNumber":"sec.255E","sectionType":"section","heading":null,"content":"### Section sec.255E\n\ns 255E ins 2020 SL No. 42 s 12\namd 2020 SL No. 156 s 18\nexp 30 April 2022 (see s 255G)","sortOrder":374},{"sectionNumber":"sec.255F","sectionType":"section","heading":null,"content":"### Section sec.255F\n\ns 255F ins 2020 SL No. 42 s 12\namd 2020 SL No. 156 s 19\nexp 30 April 2022 (see s 255G)","sortOrder":375},{"sectionNumber":"sec.255G","sectionType":"section","heading":null,"content":"### Section sec.255G\n\ns 255G ins 2020 SL No. 42 s 12\namd 2021 Act No. 8 s 10\nexp 30 April 2022 (see s 255G)","sortOrder":376},{"sectionNumber":"ch.8-pt.2B","sectionType":"part","heading":"Councillor advisors","content":"# Councillor advisors","sortOrder":377},{"sectionNumber":"sec.255H","sectionType":"section","heading":"Number of councillor advisors each councillor may appoint— Act , s 194C","content":"### sec.255H Number of councillor advisors each councillor may appoint— Act , s 194C\n\nFor section 194C (1) of the Act , the following number of councillor advisors is prescribed—\nfor the mayor—10;\nfor the leader of the opposition—4;\nfor the chairperson of the council unless the chairperson is the leader of the opposition—2;\nfor a chairperson of a standing committee of the council unless the chairperson is a councillor mentioned in paragraphs (a) to (c) —2;\nfor another councillor—1.\ns 255H ins 2020 SL No. 156 s 20\namd 2026 Act No. 5 s 141 s ch 1 pt 1\n- (a) for the mayor—10;\n- (b) for the leader of the opposition—4;\n- (c) for the chairperson of the council unless the chairperson is the leader of the opposition—2;\n- (d) for a chairperson of a standing committee of the council unless the chairperson is a councillor mentioned in paragraphs (a) to (c) —2;\n- (e) for another councillor—1.","sortOrder":378},{"sectionNumber":"ch.8-pt.3","sectionType":"part","heading":"Council employees","content":"# Council employees","sortOrder":379},{"sectionNumber":"ch.8-pt.3-div.1","sectionType":"division","heading":"Disciplinary action against council employees","content":"## Disciplinary action against council employees","sortOrder":380},{"sectionNumber":"sec.256","sectionType":"section","heading":"What div 1 is about","content":"### sec.256 What div 1 is about\n\nThis division prescribes, for section 194 (2) of the Act , when the chief executive officer may take, and the types of, disciplinary action.","sortOrder":381},{"sectionNumber":"sec.257","sectionType":"section","heading":"When disciplinary action may be taken","content":"### sec.257 When disciplinary action may be taken\n\nThe chief executive officer may take disciplinary action against a council employee if the chief executive officer is satisfied the employee has—\nfailed to perform their responsibilities under the Act ; or\nfailed to perform a responsibility under the Act in accordance with the local government principles; or\ntaken action under the Act in a way that is not consistent with the local government principles.\n- (a) failed to perform their responsibilities under the Act ; or\n- (b) failed to perform a responsibility under the Act in accordance with the local government principles; or\n- (c) taken action under the Act in a way that is not consistent with the local government principles.","sortOrder":382},{"sectionNumber":"sec.258","sectionType":"section","heading":"Types of disciplinary action","content":"### sec.258 Types of disciplinary action\n\nThe disciplinary action taken by the chief executive officer against a council employee may be 1 or more of the following—\ndismissal;\ndemotion, including a reduction in remuneration;\na reduction in the classification level of the council employee’s employment and a corresponding change in the employee’s duties\na reduction in the council employee’s level of remuneration within the classification level of the employee’s employment\na written reprimand or warning.\nIf the disciplinary action to be taken is dismissal, the dismissal must comply with the requirements that apply in relation to the local government employee under the Industrial Relations Act 1999 , chapter 2A or 3 .\nA written reprimand or warning—\nmust state the following—\nthe employee’s conduct that is disapproved of;\nthe remedial action needed to rectify the conduct;\nthe period within which the remedial action is to be taken;\nthe possible consequences for a repeat of the conduct by the employee; and\nis part of a council employee’s employment record.\ns 258 amd 2013 SL No. 260 s 4 ; 2024 SL No. 75 s 4\n(sec.258-ssec.1) The disciplinary action taken by the chief executive officer against a council employee may be 1 or more of the following— dismissal; demotion, including a reduction in remuneration; a reduction in the classification level of the council employee’s employment and a corresponding change in the employee’s duties a reduction in the council employee’s level of remuneration within the classification level of the employee’s employment a written reprimand or warning. If the disciplinary action to be taken is dismissal, the dismissal must comply with the requirements that apply in relation to the local government employee under the Industrial Relations Act 1999 , chapter 2A or 3 .\n(sec.258-ssec.2) A written reprimand or warning— must state the following— the employee’s conduct that is disapproved of; the remedial action needed to rectify the conduct; the period within which the remedial action is to be taken; the possible consequences for a repeat of the conduct by the employee; and is part of a council employee’s employment record.\n- (a) dismissal;\n- (b) demotion, including a reduction in remuneration; Examples of demotion of a council employee— • a reduction in the classification level of the council employee’s employment and a corresponding change in the employee’s duties • a reduction in the council employee’s level of remuneration within the classification level of the employee’s employment\n- • a reduction in the classification level of the council employee’s employment and a corresponding change in the employee’s duties\n- • a reduction in the council employee’s level of remuneration within the classification level of the employee’s employment\n- (c) a written reprimand or warning.\n- • a reduction in the classification level of the council employee’s employment and a corresponding change in the employee’s duties\n- • a reduction in the council employee’s level of remuneration within the classification level of the employee’s employment\n- (a) must state the following— (i) the employee’s conduct that is disapproved of; (ii) the remedial action needed to rectify the conduct; (iii) the period within which the remedial action is to be taken; (iv) the possible consequences for a repeat of the conduct by the employee; and\n- (i) the employee’s conduct that is disapproved of;\n- (ii) the remedial action needed to rectify the conduct;\n- (iii) the period within which the remedial action is to be taken;\n- (iv) the possible consequences for a repeat of the conduct by the employee; and\n- (b) is part of a council employee’s employment record.\n- (i) the employee’s conduct that is disapproved of;\n- (ii) the remedial action needed to rectify the conduct;\n- (iii) the period within which the remedial action is to be taken;\n- (iv) the possible consequences for a repeat of the conduct by the employee; and","sortOrder":383},{"sectionNumber":"sec.259","sectionType":"section","heading":null,"content":"### Section sec.259\n\ns 259 om 2024 SL No. 75 s 5","sortOrder":384},{"sectionNumber":"sec.260","sectionType":"section","heading":"Suspension of employees","content":"### sec.260 Suspension of employees\n\nIf the chief executive officer is satisfied, on reasonable grounds, that a council employee will be subject to disciplinary action, the chief executive officer may suspend the employee from duty.\nSuspension of a council employee from duty does not affect the following—\nthe continuity of the employee’s service in employment with the council;\nthe entitlements previously accrued to the employee from employment with the council;\nthe accrual of entitlements to the employee during the period of suspension.\nA suspended employee must be paid the employee’s full remuneration as at the start of the suspension for the period of suspension.\n(sec.260-ssec.1) If the chief executive officer is satisfied, on reasonable grounds, that a council employee will be subject to disciplinary action, the chief executive officer may suspend the employee from duty.\n(sec.260-ssec.2) Suspension of a council employee from duty does not affect the following— the continuity of the employee’s service in employment with the council; the entitlements previously accrued to the employee from employment with the council; the accrual of entitlements to the employee during the period of suspension.\n(sec.260-ssec.3) A suspended employee must be paid the employee’s full remuneration as at the start of the suspension for the period of suspension.\n- (a) the continuity of the employee’s service in employment with the council;\n- (b) the entitlements previously accrued to the employee from employment with the council;\n- (c) the accrual of entitlements to the employee during the period of suspension.","sortOrder":385},{"sectionNumber":"sec.261","sectionType":"section","heading":"Employee to be given notice of grounds for disciplinary action","content":"### sec.261 Employee to be given notice of grounds for disciplinary action\n\nBefore the chief executive officer takes disciplinary action against a council employee, the chief executive officer must give the employee—\nwritten notice of the following—\nthe disciplinary action to be taken;\nthe grounds on which the disciplinary action is taken;\nthe particulars of conduct claimed to support the grounds; and\na reasonable opportunity to respond to the information contained in the written notice.\nThe grounds and particulars are taken to be the only grounds and particulars for the disciplinary action taken, and no other ground or particular of conduct can be advanced in any proceeding about the disciplinary action taken against the council employee.\n(sec.261-ssec.1) Before the chief executive officer takes disciplinary action against a council employee, the chief executive officer must give the employee— written notice of the following— the disciplinary action to be taken; the grounds on which the disciplinary action is taken; the particulars of conduct claimed to support the grounds; and a reasonable opportunity to respond to the information contained in the written notice.\n(sec.261-ssec.2) The grounds and particulars are taken to be the only grounds and particulars for the disciplinary action taken, and no other ground or particular of conduct can be advanced in any proceeding about the disciplinary action taken against the council employee.\n- (a) written notice of the following— (i) the disciplinary action to be taken; (ii) the grounds on which the disciplinary action is taken; (iii) the particulars of conduct claimed to support the grounds; and\n- (i) the disciplinary action to be taken;\n- (ii) the grounds on which the disciplinary action is taken;\n- (iii) the particulars of conduct claimed to support the grounds; and\n- (b) a reasonable opportunity to respond to the information contained in the written notice.\n- (i) the disciplinary action to be taken;\n- (ii) the grounds on which the disciplinary action is taken;\n- (iii) the particulars of conduct claimed to support the grounds; and","sortOrder":386},{"sectionNumber":"ch.8-pt.3-div.2","sectionType":"division","heading":"Portability of long service leave","content":"## Portability of long service leave","sortOrder":387},{"sectionNumber":"sec.262","sectionType":"section","heading":"What div 2 is about","content":"### sec.262 What div 2 is about\n\nThis division is about the continuation of particular council employees’ accrued rights to long service leave and recognition of their previous periods of employment.\nA person’s accrued right to long service leave is the person’s entitlement to take long service leave after having completed a minimum period of employment with an employer.\nThis division applies if—\na person—\nis employed (the new employment ) by the council (the new employer ) and was previously employed (the former employment ) by a relevant entity (the former employer ); or\nis employed (also the new employment ) by a relevant entity (also the new employer ) and was previously employed (also the former employment ) by the council (also the former employer ); and\nthe period between ending the former employment and beginning the new employment is not longer than 1 year; and\nthe person did not receive a payment from the former employer of an amount as a cash equivalent for the person’s accrued right to long service leave.\nA relevant entity is—\na local government (other than the council); or\na distributor-retailer; or\na water entity; or\nanother entity that is controlled or owned by a local government (other than the council).\nA distributor-retailer is a distributor-retailer under the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 .\nA water entity is a water entity under the South East Queensland Water (Restructuring) Act 2007 .\n(sec.262-ssec.1) This division is about the continuation of particular council employees’ accrued rights to long service leave and recognition of their previous periods of employment.\n(sec.262-ssec.2) A person’s accrued right to long service leave is the person’s entitlement to take long service leave after having completed a minimum period of employment with an employer.\n(sec.262-ssec.3) This division applies if— a person— is employed (the new employment ) by the council (the new employer ) and was previously employed (the former employment ) by a relevant entity (the former employer ); or is employed (also the new employment ) by a relevant entity (also the new employer ) and was previously employed (also the former employment ) by the council (also the former employer ); and the period between ending the former employment and beginning the new employment is not longer than 1 year; and the person did not receive a payment from the former employer of an amount as a cash equivalent for the person’s accrued right to long service leave.\n(sec.262-ssec.4) A relevant entity is— a local government (other than the council); or a distributor-retailer; or a water entity; or another entity that is controlled or owned by a local government (other than the council).\n(sec.262-ssec.5) A distributor-retailer is a distributor-retailer under the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 .\n(sec.262-ssec.6) A water entity is a water entity under the South East Queensland Water (Restructuring) Act 2007 .\n- (a) a person— (i) is employed (the new employment ) by the council (the new employer ) and was previously employed (the former employment ) by a relevant entity (the former employer ); or (ii) is employed (also the new employment ) by a relevant entity (also the new employer ) and was previously employed (also the former employment ) by the council (also the former employer ); and\n- (i) is employed (the new employment ) by the council (the new employer ) and was previously employed (the former employment ) by a relevant entity (the former employer ); or\n- (ii) is employed (also the new employment ) by a relevant entity (also the new employer ) and was previously employed (also the former employment ) by the council (also the former employer ); and\n- (b) the period between ending the former employment and beginning the new employment is not longer than 1 year; and\n- (c) the person did not receive a payment from the former employer of an amount as a cash equivalent for the person’s accrued right to long service leave.\n- (i) is employed (the new employment ) by the council (the new employer ) and was previously employed (the former employment ) by a relevant entity (the former employer ); or\n- (ii) is employed (also the new employment ) by a relevant entity (also the new employer ) and was previously employed (also the former employment ) by the council (also the former employer ); and\n- (a) a local government (other than the council); or\n- (b) a distributor-retailer; or\n- (c) a water entity; or\n- (d) another entity that is controlled or owned by a local government (other than the council).","sortOrder":388},{"sectionNumber":"sec.263","sectionType":"section","heading":"Continuation of particular council employees’ accrued rights to long service leave","content":"### sec.263 Continuation of particular council employees’ accrued rights to long service leave\n\nThe person’s accrued right to long service leave, in relation to the former employment, is continued, in relation to the new employment, as an accrued right to long service leave as an employee of the new employer.\nFrom the start of the new employment, the new employer has the same obligations in relation to the person’s accrued right to long service leave as the former employer had in relation to the person, at the end of the former employment.\nIf a person was entitled to take 11 weeks long service leave at the time the former employment ended, the person continues to be entitled to take 11 weeks long service leave after the start of the new employment. The entitlement would not be subject to completing any further period of employment with the new employer.\nHowever, after the start of the new employment, the person continues to accrue rights to long service leave only under the same conditions as an employee of the new employer who is not a person to whom this division applies.\n(sec.263-ssec.1) The person’s accrued right to long service leave, in relation to the former employment, is continued, in relation to the new employment, as an accrued right to long service leave as an employee of the new employer.\n(sec.263-ssec.2) From the start of the new employment, the new employer has the same obligations in relation to the person’s accrued right to long service leave as the former employer had in relation to the person, at the end of the former employment. If a person was entitled to take 11 weeks long service leave at the time the former employment ended, the person continues to be entitled to take 11 weeks long service leave after the start of the new employment. The entitlement would not be subject to completing any further period of employment with the new employer.\n(sec.263-ssec.3) However, after the start of the new employment, the person continues to accrue rights to long service leave only under the same conditions as an employee of the new employer who is not a person to whom this division applies.","sortOrder":389},{"sectionNumber":"sec.264","sectionType":"section","heading":"Recognition of previous periods of employment for particular council employees","content":"### sec.264 Recognition of previous periods of employment for particular council employees\n\nThis section applies when determining the person’s accrued right to long service leave in relation to the new employer.\nThe person’s period of employment with the former employer, in addition to the person’s period of employment with the new employer, is taken to be the person’s period of employment with the new employer.\nA person is taken to have completed a period of employment of 10 years with a new employer if the person completed a period of employment of 6 years with a former employer and a period of employment of 4 years with the new employer.\n(sec.264-ssec.1) This section applies when determining the person’s accrued right to long service leave in relation to the new employer.\n(sec.264-ssec.2) The person’s period of employment with the former employer, in addition to the person’s period of employment with the new employer, is taken to be the person’s period of employment with the new employer. A person is taken to have completed a period of employment of 10 years with a new employer if the person completed a period of employment of 6 years with a former employer and a period of employment of 4 years with the new employer.","sortOrder":390},{"sectionNumber":"sec.265","sectionType":"section","heading":"Payment by former employer to new employer towards long service leave entitlements accrued with former employer","content":"### sec.265 Payment by former employer to new employer towards long service leave entitlements accrued with former employer\n\nThe former employer must, when the person’s entitlement has accrued, pay the new employer an amount for the number of days of long service leave that the person is entitled to take because of the person’s period of employment with the former employer.\nAfter a period of employment of 3 years with council A a person becomes an employee of council B. Council A must, when the entitlement has accrued, pay to council B an amount for the 3 years of long service leave that the person is entitled to for their employment with council A.\nThe amount—\nis the amount the former employer would have been required to pay the person if the person had taken the long service leave; and\nmust be paid within a reasonable time of being requested by the new employer.\nA former employer must provide the new employer with the following information relating to the person—\nthe length of accrued long service leave;\nany special leave taken by the person without salary;\nany long service leave taken by the person or any amount of cash paid to the person in lieu of long service leave;\nany undertaking given in relation to long service leave.\ns 265 amd 2013 SL No. 273 s 13\n(sec.265-ssec.1) The former employer must, when the person’s entitlement has accrued, pay the new employer an amount for the number of days of long service leave that the person is entitled to take because of the person’s period of employment with the former employer. After a period of employment of 3 years with council A a person becomes an employee of council B. Council A must, when the entitlement has accrued, pay to council B an amount for the 3 years of long service leave that the person is entitled to for their employment with council A.\n(sec.265-ssec.2) The amount— is the amount the former employer would have been required to pay the person if the person had taken the long service leave; and must be paid within a reasonable time of being requested by the new employer.\n(sec.265-ssec.3) A former employer must provide the new employer with the following information relating to the person— the length of accrued long service leave; any special leave taken by the person without salary; any long service leave taken by the person or any amount of cash paid to the person in lieu of long service leave; any undertaking given in relation to long service leave.\n- (a) is the amount the former employer would have been required to pay the person if the person had taken the long service leave; and\n- (b) must be paid within a reasonable time of being requested by the new employer.\n- (a) the length of accrued long service leave;\n- (b) any special leave taken by the person without salary;\n- (c) any long service leave taken by the person or any amount of cash paid to the person in lieu of long service leave;\n- (d) any undertaking given in relation to long service leave.","sortOrder":391},{"sectionNumber":"ch.8-pt.4","sectionType":"part","heading":"Authorised persons","content":"# Authorised persons","sortOrder":392},{"sectionNumber":"sec.266","sectionType":"section","heading":"Who may be appointed as authorised persons— Act , s 199","content":"### sec.266 Who may be appointed as authorised persons— Act , s 199\n\nFor section 199 (2) (b) (ii) of the Act , each of the following types of persons are prescribed—\na person who contracts with the council to provide services to it for the administration or enforcement of a local government related law;\na person who is an employee of an entity that contracts with the council to provide services to it for the administration or enforcement of a local government related law;\na person who is an employee of another local government and who performs duties for the council under an arrangement between the council and the other local government.\n- (a) a person who contracts with the council to provide services to it for the administration or enforcement of a local government related law;\n- (b) a person who is an employee of an entity that contracts with the council to provide services to it for the administration or enforcement of a local government related law;\n- (c) a person who is an employee of another local government and who performs duties for the council under an arrangement between the council and the other local government.","sortOrder":393},{"sectionNumber":"ch.8-pt.5","sectionType":"part","heading":"Register of interests","content":"# Register of interests","sortOrder":394},{"sectionNumber":"sec.267","sectionType":"section","heading":"What this part is about","content":"### sec.267 What this part is about\n\nThis part is about the register of interests of the following persons—\na councillor;\nthe chief executive officer;\na councillor advisor;\na senior executive employee;\na person who is related to a councillor, the chief executive officer, a councillor advisor or a senior executive employee.\nA person is related to a councillor, the chief executive officer, a councillor advisor or a senior executive employee (the primary party ) if—\nthe person is the primary party’s spouse; or\nthe person is totally or substantially dependent on the primary party and—\nthe person is the primary party’s child; or\nthe person’s affairs are so closely connected with the affairs of the primary party that a benefit derived by the person, or a substantial part of it, could pass to the primary party.\ns 267 amd 2013 SL No. 148 s 8 sch; 2020 SL No. 156 s 21\n(sec.267-ssec.1) This part is about the register of interests of the following persons— a councillor; the chief executive officer; a councillor advisor; a senior executive employee; a person who is related to a councillor, the chief executive officer, a councillor advisor or a senior executive employee.\n(sec.267-ssec.2) A person is related to a councillor, the chief executive officer, a councillor advisor or a senior executive employee (the primary party ) if— the person is the primary party’s spouse; or the person is totally or substantially dependent on the primary party and— the person is the primary party’s child; or the person’s affairs are so closely connected with the affairs of the primary party that a benefit derived by the person, or a substantial part of it, could pass to the primary party.\n- (a) a councillor;\n- (b) the chief executive officer;\n- (c) a councillor advisor;\n- (d) a senior executive employee;\n- (e) a person who is related to a councillor, the chief executive officer, a councillor advisor or a senior executive employee.\n- (a) the person is the primary party’s spouse; or\n- (b) the person is totally or substantially dependent on the primary party and— (i) the person is the primary party’s child; or (ii) the person’s affairs are so closely connected with the affairs of the primary party that a benefit derived by the person, or a substantial part of it, could pass to the primary party.\n- (i) the person is the primary party’s child; or\n- (ii) the person’s affairs are so closely connected with the affairs of the primary party that a benefit derived by the person, or a substantial part of it, could pass to the primary party.\n- (i) the person is the primary party’s child; or\n- (ii) the person’s affairs are so closely connected with the affairs of the primary party that a benefit derived by the person, or a substantial part of it, could pass to the primary party.","sortOrder":395},{"sectionNumber":"sec.268","sectionType":"section","heading":"Who maintains registers of interests","content":"### sec.268 Who maintains registers of interests\n\nThe chief executive officer must maintain a register of interests of the following persons—\na councillor;\na councillor advisor;\na senior executive employee;\na person who is related to a councillor, councillor advisor or senior executive employee.\nThe mayor must maintain a register of interests of the following persons—\nthe chief executive officer;\na person who is related to the chief executive officer.\ns 268 amd 2013 SL No. 148 s 8 sch; 2020 SL No. 156 s 22\n(sec.268-ssec.1) The chief executive officer must maintain a register of interests of the following persons— a councillor; a councillor advisor; a senior executive employee; a person who is related to a councillor, councillor advisor or senior executive employee.\n(sec.268-ssec.2) The mayor must maintain a register of interests of the following persons— the chief executive officer; a person who is related to the chief executive officer.\n- (a) a councillor;\n- (b) a councillor advisor;\n- (c) a senior executive employee;\n- (d) a person who is related to a councillor, councillor advisor or senior executive employee.\n- (a) the chief executive officer;\n- (b) a person who is related to the chief executive officer.","sortOrder":396},{"sectionNumber":"sec.269","sectionType":"section","heading":"Contents of registers of interests","content":"### sec.269 Contents of registers of interests\n\nA register of interests consists of the forms or other documents used to inform the person required to maintain the register under section 268 about an interest that must be recorded in the register under subsection (2) .\nThe register of interests of each of the following persons must contain the financial and non-financial particulars mentioned in schedule 3 for an interest held by the person—\na councillor;\nthe chief executive officer;\na councillor advisor;\na senior executive employee;\na person who is related to a councillor, the chief executive officer, a councillor advisor or a senior executive employee.\nHowever, the register of interests of a person who is related to a councillor, the chief executive officer, a councillor advisor or a senior executive employee need not include any interest that is—\nheld jointly, or in common, with the councillor, chief executive officer, councillor advisor or senior executive employee; and\nincluded in the register of interests of the councillor, chief executive officer, councillor advisor or senior executive employee.\nNothing in subsection (2) requires a register of interests to include any of the following—\nthe number or monetary value of shares;\nthe monetary value of an investment or interest;\nthe full street address of land;\nthe amount of a liability, donation or other income;\nthe account number of, or amounts held in, accounts held with a financial institution;\nthe monetary value of accommodation, an asset, a gift or travel.\nTo remove any doubt, it is declared that a person holds an interest if the person holds the interest alone or jointly, or in common, with another person.\ns 269 amd 2013 SL No. 148 s 8 sch; 2020 SL No. 156 s 23\n(sec.269-ssec.1) A register of interests consists of the forms or other documents used to inform the person required to maintain the register under section 268 about an interest that must be recorded in the register under subsection (2) .\n(sec.269-ssec.2) The register of interests of each of the following persons must contain the financial and non-financial particulars mentioned in schedule 3 for an interest held by the person— a councillor; the chief executive officer; a councillor advisor; a senior executive employee; a person who is related to a councillor, the chief executive officer, a councillor advisor or a senior executive employee.\n(sec.269-ssec.3) However, the register of interests of a person who is related to a councillor, the chief executive officer, a councillor advisor or a senior executive employee need not include any interest that is— held jointly, or in common, with the councillor, chief executive officer, councillor advisor or senior executive employee; and included in the register of interests of the councillor, chief executive officer, councillor advisor or senior executive employee.\n(sec.269-ssec.4) Nothing in subsection (2) requires a register of interests to include any of the following— the number or monetary value of shares; the monetary value of an investment or interest; the full street address of land; the amount of a liability, donation or other income; the account number of, or amounts held in, accounts held with a financial institution; the monetary value of accommodation, an asset, a gift or travel.\n(sec.269-ssec.5) To remove any doubt, it is declared that a person holds an interest if the person holds the interest alone or jointly, or in common, with another person.\n- (a) a councillor;\n- (b) the chief executive officer;\n- (c) a councillor advisor;\n- (d) a senior executive employee;\n- (e) a person who is related to a councillor, the chief executive officer, a councillor advisor or a senior executive employee.\n- (a) held jointly, or in common, with the councillor, chief executive officer, councillor advisor or senior executive employee; and\n- (b) included in the register of interests of the councillor, chief executive officer, councillor advisor or senior executive employee.\n- (a) the number or monetary value of shares;\n- (b) the monetary value of an investment or interest;\n- (c) the full street address of land;\n- (d) the amount of a liability, donation or other income;\n- (e) the account number of, or amounts held in, accounts held with a financial institution;\n- (f) the monetary value of accommodation, an asset, a gift or travel.","sortOrder":397},{"sectionNumber":"sec.270","sectionType":"section","heading":"Obligation of chief executive officer and senior executive employees to correct register of interests","content":"### sec.270 Obligation of chief executive officer and senior executive employees to correct register of interests\n\nSubsection (2) applies if the chief executive officer knows—\nof an interest that must be recorded in a register of interests under section 269 in relation to the chief executive officer or a person who is related to the chief executive officer; or\nthat particulars of an interest recorded in a register under section 269 in relation to the chief executive officer or a person who is related to the chief executive officer are no longer correct.\nThe chief executive officer must, in the approved form, inform the mayor of the interest or the correct particulars within 30 days after the chief executive officer knows of the interest or correct particulars.\nMaximum penalty—85 penalty units.\nSubsection (4) applies if a senior executive employee knows—\nof an interest that must be recorded in a register of interests under section 269 in relation to the employee or a person who is related to the employee; or\nthat particulars of an interest recorded in a register under section 269 in relation to the employee or a person who is related to the employee are no longer correct.\nThe senior executive employee must, in the approved form, inform the chief executive officer of the interest or the correct particulars within 30 days after the employee knows of the interest or correct particulars.\nMaximum penalty—85 penalty units.\nSee sections 198A to  198C of the Act for the obligations of a councillor or councillor advisor in relation to a register of interests.\ns 270 amd 2013 SL No. 148 s 8 sch; 2013 Act No. 60 s 33 sch 1 ; 2013 SL No. 273 s 14 ; 2020 SL No. 156 s 24\n(sec.270-ssec.1) Subsection (2) applies if the chief executive officer knows— of an interest that must be recorded in a register of interests under section 269 in relation to the chief executive officer or a person who is related to the chief executive officer; or that particulars of an interest recorded in a register under section 269 in relation to the chief executive officer or a person who is related to the chief executive officer are no longer correct.\n(sec.270-ssec.2) The chief executive officer must, in the approved form, inform the mayor of the interest or the correct particulars within 30 days after the chief executive officer knows of the interest or correct particulars. Maximum penalty—85 penalty units.\n(sec.270-ssec.3) Subsection (4) applies if a senior executive employee knows— of an interest that must be recorded in a register of interests under section 269 in relation to the employee or a person who is related to the employee; or that particulars of an interest recorded in a register under section 269 in relation to the employee or a person who is related to the employee are no longer correct.\n(sec.270-ssec.4) The senior executive employee must, in the approved form, inform the chief executive officer of the interest or the correct particulars within 30 days after the employee knows of the interest or correct particulars. Maximum penalty—85 penalty units. See sections 198A to  198C of the Act for the obligations of a councillor or councillor advisor in relation to a register of interests.\n- (a) of an interest that must be recorded in a register of interests under section 269 in relation to the chief executive officer or a person who is related to the chief executive officer; or\n- (b) that particulars of an interest recorded in a register under section 269 in relation to the chief executive officer or a person who is related to the chief executive officer are no longer correct.\n- (a) of an interest that must be recorded in a register of interests under section 269 in relation to the employee or a person who is related to the employee; or\n- (b) that particulars of an interest recorded in a register under section 269 in relation to the employee or a person who is related to the employee are no longer correct.","sortOrder":398},{"sectionNumber":"sec.271","sectionType":"section","heading":"Who may inspect a register of interests","content":"### sec.271 Who may inspect a register of interests\n\nA register of interests of a councillor may be inspected by the public.\nSubsection (3) applies to a register of interests of—\nthe chief executive officer; or\na councillor advisor; or\na senior executive employee; or\na person who is related to a councillor, the chief executive officer, a councillor advisor or a senior executive employee.\nThe register of interests is only open to inspection by the following persons—\na councillor;\nthe chief executive officer;\nanother person permitted by law to have access to information in the register.\ns 271 amd 2013 SL No. 148 s 8 sch; 2020 SL No. 156 s 25 ; 2020 SL No. 244 s 21\n(sec.271-ssec.1) A register of interests of a councillor may be inspected by the public.\n(sec.271-ssec.2) Subsection (3) applies to a register of interests of— the chief executive officer; or a councillor advisor; or a senior executive employee; or a person who is related to a councillor, the chief executive officer, a councillor advisor or a senior executive employee.\n(sec.271-ssec.3) The register of interests is only open to inspection by the following persons— a councillor; the chief executive officer; another person permitted by law to have access to information in the register.\n- (a) the chief executive officer; or\n- (b) a councillor advisor; or\n- (c) a senior executive employee; or\n- (d) a person who is related to a councillor, the chief executive officer, a councillor advisor or a senior executive employee.\n- (a) a councillor;\n- (b) the chief executive officer;\n- (c) another person permitted by law to have access to information in the register.","sortOrder":399},{"sectionNumber":"sec.272","sectionType":"section","heading":"Access to particular registers of interests","content":"### sec.272 Access to particular registers of interests\n\nThis section applies to the register of interests of—\nthe chief executive officer; or\na councillor advisor; or\na senior executive employee; or\na person who is related to a councillor, the chief executive officer, a councillor advisor or a senior executive employee.\nA person seeking access to the register of interests must apply in writing to—\nfor the register of interests of the chief executive officer or persons who are related to the chief executive officer—the mayor; or\notherwise—the chief executive officer.\nThe chief executive officer or mayor must record—\nthe name and home or business address of each person given access to a register of interests by the chief executive officer or mayor; and\nthe day the access is given.\nIf the chief executive officer or mayor gives access to a register of interests, the chief executive officer or mayor must, as soon as practicable, inform the person to whom the register of interests relates of the day the access was given.\ns 272 amd 2013 SL No. 148 s 8 sch; 2020 SL No. 156 s 26\n(sec.272-ssec.1) This section applies to the register of interests of— the chief executive officer; or a councillor advisor; or a senior executive employee; or a person who is related to a councillor, the chief executive officer, a councillor advisor or a senior executive employee.\n(sec.272-ssec.2) A person seeking access to the register of interests must apply in writing to— for the register of interests of the chief executive officer or persons who are related to the chief executive officer—the mayor; or otherwise—the chief executive officer.\n(sec.272-ssec.3) The chief executive officer or mayor must record— the name and home or business address of each person given access to a register of interests by the chief executive officer or mayor; and the day the access is given.\n(sec.272-ssec.4) If the chief executive officer or mayor gives access to a register of interests, the chief executive officer or mayor must, as soon as practicable, inform the person to whom the register of interests relates of the day the access was given.\n- (a) the chief executive officer; or\n- (b) a councillor advisor; or\n- (c) a senior executive employee; or\n- (d) a person who is related to a councillor, the chief executive officer, a councillor advisor or a senior executive employee.\n- (a) for the register of interests of the chief executive officer or persons who are related to the chief executive officer—the mayor; or\n- (b) otherwise—the chief executive officer.\n- (a) the name and home or business address of each person given access to a register of interests by the chief executive officer or mayor; and\n- (b) the day the access is given.","sortOrder":400},{"sectionNumber":"sec.273","sectionType":"section","heading":"Making available particular registers of interests and extracts of those registers","content":"### sec.273 Making available particular registers of interests and extracts of those registers\n\nThe council must make a copy of the register of interests of each councillor available for inspection at the council’s public office.\nAlso, the council must make an extract of the register of interests of each councillor available for inspection on the council’s website.\nThe extract of the register of interests must show the particulars mentioned in schedule 3 —\nfor each interest mentioned in schedule 3A , column 1 held by the councillor; and\nfor the period mentioned in schedule 3A , column 2 opposite the interest.\nIf the register of interests for a councillor changes, the copy and extract of the register must be amended to reflect the change as soon as practicable, but no later than 5 business days, after the change happens.\ns 273 amd 2020 SL No. 156 s 27\nsub 2020 SL No. 244 s 22\n(sec.273-ssec.1) The council must make a copy of the register of interests of each councillor available for inspection at the council’s public office.\n(sec.273-ssec.2) Also, the council must make an extract of the register of interests of each councillor available for inspection on the council’s website.\n(sec.273-ssec.3) The extract of the register of interests must show the particulars mentioned in schedule 3 — for each interest mentioned in schedule 3A , column 1 held by the councillor; and for the period mentioned in schedule 3A , column 2 opposite the interest.\n(sec.273-ssec.4) If the register of interests for a councillor changes, the copy and extract of the register must be amended to reflect the change as soon as practicable, but no later than 5 business days, after the change happens.\n- (a) for each interest mentioned in schedule 3A , column 1 held by the councillor; and\n- (b) for the period mentioned in schedule 3A , column 2 opposite the interest.","sortOrder":401},{"sectionNumber":"sec.274","sectionType":"section","heading":"Queries on contents of register of interests","content":"### sec.274 Queries on contents of register of interests\n\nA person who suspects on reasonable grounds that a register of interests does not contain particulars that should be in the register may inform—\nif the suspicion relates to the register of interests of the chief executive officer or persons who are related to the chief executive officer—the mayor; or\notherwise—the chief executive officer.\nThe chief executive officer or mayor must immediately inform the following person (the informed person )—\nif the register of interests relates to a councillor or a person who is related to the councillor—the councillor;\nif the register of interests relates to the mayor or a person who is related to the mayor—the mayor;\nif the register of interests relates to the chief executive officer or a person who is related to the chief executive officer—the chief executive officer;\nif the register of interests relates to a councillor advisor or a person who is related to the councillor advisor—the councillor advisor;\nif the register of interests relates to a senior executive employee or a person who is related to the senior executive employee—the senior executive employee.\nThe informed person must, within 30 days of being informed, establish whether the register of interests should be amended to make it a true record of fact.\nIf the informed person establishes that the register of interests does not need to be amended, the person must—\ncomplete a statutory declaration stating that the particulars in the register of interests are a true record of fact; and\ngive the statutory declaration to—\nif the informed person is the chief executive officer—the mayor; or\notherwise—the chief executive officer.\ns 274 amd 2013 SL No. 148 s 8 sch; 2020 SL No. 156 s 28\n(sec.274-ssec.1) A person who suspects on reasonable grounds that a register of interests does not contain particulars that should be in the register may inform— if the suspicion relates to the register of interests of the chief executive officer or persons who are related to the chief executive officer—the mayor; or otherwise—the chief executive officer.\n(sec.274-ssec.2) The chief executive officer or mayor must immediately inform the following person (the informed person )— if the register of interests relates to a councillor or a person who is related to the councillor—the councillor; if the register of interests relates to the mayor or a person who is related to the mayor—the mayor; if the register of interests relates to the chief executive officer or a person who is related to the chief executive officer—the chief executive officer; if the register of interests relates to a councillor advisor or a person who is related to the councillor advisor—the councillor advisor; if the register of interests relates to a senior executive employee or a person who is related to the senior executive employee—the senior executive employee.\n(sec.274-ssec.3) The informed person must, within 30 days of being informed, establish whether the register of interests should be amended to make it a true record of fact.\n(sec.274-ssec.4) If the informed person establishes that the register of interests does not need to be amended, the person must— complete a statutory declaration stating that the particulars in the register of interests are a true record of fact; and give the statutory declaration to— if the informed person is the chief executive officer—the mayor; or otherwise—the chief executive officer.\n- (a) if the suspicion relates to the register of interests of the chief executive officer or persons who are related to the chief executive officer—the mayor; or\n- (b) otherwise—the chief executive officer.\n- (a) if the register of interests relates to a councillor or a person who is related to the councillor—the councillor;\n- (b) if the register of interests relates to the mayor or a person who is related to the mayor—the mayor;\n- (c) if the register of interests relates to the chief executive officer or a person who is related to the chief executive officer—the chief executive officer;\n- (d) if the register of interests relates to a councillor advisor or a person who is related to the councillor advisor—the councillor advisor;\n- (e) if the register of interests relates to a senior executive employee or a person who is related to the senior executive employee—the senior executive employee.\n- (a) complete a statutory declaration stating that the particulars in the register of interests are a true record of fact; and\n- (b) give the statutory declaration to— (i) if the informed person is the chief executive officer—the mayor; or (ii) otherwise—the chief executive officer.\n- (i) if the informed person is the chief executive officer—the mayor; or\n- (ii) otherwise—the chief executive officer.\n- (i) if the informed person is the chief executive officer—the mayor; or\n- (ii) otherwise—the chief executive officer.","sortOrder":402},{"sectionNumber":"sec.274A","sectionType":"section","heading":"Period for keeping and making available particular registers of interests","content":"### sec.274A Period for keeping and making available particular registers of interests\n\nThe council must keep a register of interests for a period of 10 years starting on—\nfor a councillor or a person who is related to a councillor—the last day the councillor holds office as a councillor; or\nfor the chief executive officer or a person who is related to the chief executive officer—the last day the chief executive officer holds appointment as the chief executive officer; or\nfor a councillor advisor or a person who is related to a councillor advisor—the last day the councillor advisor holds appointment as a councillor advisor; or\nfor a senior executive employee or a person who is related to a senior executive employee—the last day the senior executive employee holds appointment as a senior executive employee.\nThe council must ensure the register of interests kept under subsection (1) (a) for a person who was, but is no longer, a councillor is available to be viewed by the public at the council’s public office for the period the council is required to keep the register.\ns 274A ins 2020 SL No. 156 s 29\n(sec.274A-ssec.1) The council must keep a register of interests for a period of 10 years starting on— for a councillor or a person who is related to a councillor—the last day the councillor holds office as a councillor; or for the chief executive officer or a person who is related to the chief executive officer—the last day the chief executive officer holds appointment as the chief executive officer; or for a councillor advisor or a person who is related to a councillor advisor—the last day the councillor advisor holds appointment as a councillor advisor; or for a senior executive employee or a person who is related to a senior executive employee—the last day the senior executive employee holds appointment as a senior executive employee.\n(sec.274A-ssec.2) The council must ensure the register of interests kept under subsection (1) (a) for a person who was, but is no longer, a councillor is available to be viewed by the public at the council’s public office for the period the council is required to keep the register.\n- (a) for a councillor or a person who is related to a councillor—the last day the councillor holds office as a councillor; or\n- (b) for the chief executive officer or a person who is related to the chief executive officer—the last day the chief executive officer holds appointment as the chief executive officer; or\n- (c) for a councillor advisor or a person who is related to a councillor advisor—the last day the councillor advisor holds appointment as a councillor advisor; or\n- (d) for a senior executive employee or a person who is related to a senior executive employee—the last day the senior executive employee holds appointment as a senior executive employee.","sortOrder":403},{"sectionNumber":"sec.275","sectionType":"section","heading":"Improper disclosure of registers of interests","content":"### sec.275 Improper disclosure of registers of interests\n\nA person must not knowingly disclose information obtained from a register of interests if it is not a true copy, or a fair summary, of the contents of the register of interests.\nMaximum penalty—85 penalty units.\nA person must not knowingly disclose information obtained from a register of interests of the following persons, other than to a person mentioned in section 271 (3) —\na chief executive officer;\na councillor advisor;\na senior executive employee;\na person who is related to a councillor, the chief executive officer, a councillor advisor or a senior executive employee.\nMaximum penalty—85 penalty units.\ns 275 amd 2013 SL No. 148 s 8 sch; 2020 SL No. 156 s 30\n(sec.275-ssec.1) A person must not knowingly disclose information obtained from a register of interests if it is not a true copy, or a fair summary, of the contents of the register of interests. Maximum penalty—85 penalty units.\n(sec.275-ssec.2) A person must not knowingly disclose information obtained from a register of interests of the following persons, other than to a person mentioned in section 271 (3) — a chief executive officer; a councillor advisor; a senior executive employee; a person who is related to a councillor, the chief executive officer, a councillor advisor or a senior executive employee. Maximum penalty—85 penalty units.\n- (a) a chief executive officer;\n- (b) a councillor advisor;\n- (c) a senior executive employee;\n- (d) a person who is related to a councillor, the chief executive officer, a councillor advisor or a senior executive employee.","sortOrder":404},{"sectionNumber":"ch.9-pt.1","sectionType":"part","heading":"Way to hold a hearing","content":"# Way to hold a hearing","sortOrder":405},{"sectionNumber":"sec.276","sectionType":"section","heading":"Procedural rules for hearings— Act , s 206","content":"### sec.276 Procedural rules for hearings— Act , s 206\n\nFor section 206 (3) of the Act , a hearing must be held in public unless the investigator directs the hearing is to be held in private.","sortOrder":406},{"sectionNumber":"sec.277","sectionType":"section","heading":"Witness fees— Act , s 207","content":"### sec.277 Witness fees— Act , s 207\n\nFor section 207 (4) (a) of the Act , the witness fees prescribed are the allowances for witnesses and other persons prescribed under the QCAT Act .\nFor the witness fees prescribed under the QCAT Act , see the Queensland Civil and Administrative Tribunal Regulation 2019 , part 4 .\ns 277 amd 2019 SL No. 164 s 24 sch 4","sortOrder":407},{"sectionNumber":"ch.9-pt.2","sectionType":"part","heading":"Delegation of powers","content":"# Delegation of powers","sortOrder":408},{"sectionNumber":"sec.278","sectionType":"section","heading":"Particulars to be contained in register of delegations— Act , s 240","content":"### sec.278 Particulars to be contained in register of delegations— Act , s 240\n\nFor section 240 (1) of the Act , the particulars prescribed for a register of delegations are—\nthe name or title of the person, or the name of the committee, to whom powers are delegated; and\na description of the powers delegated, including the provisions under a local government related law permitting or requiring the exercise of the powers; and\nif the delegation is by the council—a summary of the resolution by which powers are delegated, including—\nthe date of the resolution; and\na summary of any conditions to which the delegation is subject; and\nif the resolution is numbered—its number.\nThe chief executive officer may include any other information in the register the chief executive officer considers appropriate.\n(sec.278-ssec.1) For section 240 (1) of the Act , the particulars prescribed for a register of delegations are— the name or title of the person, or the name of the committee, to whom powers are delegated; and a description of the powers delegated, including the provisions under a local government related law permitting or requiring the exercise of the powers; and if the delegation is by the council—a summary of the resolution by which powers are delegated, including— the date of the resolution; and a summary of any conditions to which the delegation is subject; and if the resolution is numbered—its number.\n(sec.278-ssec.2) The chief executive officer may include any other information in the register the chief executive officer considers appropriate.\n- (a) the name or title of the person, or the name of the committee, to whom powers are delegated; and\n- (b) a description of the powers delegated, including the provisions under a local government related law permitting or requiring the exercise of the powers; and\n- (c) if the delegation is by the council—a summary of the resolution by which powers are delegated, including— (i) the date of the resolution; and (ii) a summary of any conditions to which the delegation is subject; and (iii) if the resolution is numbered—its number.\n- (i) the date of the resolution; and\n- (ii) a summary of any conditions to which the delegation is subject; and\n- (iii) if the resolution is numbered—its number.\n- (i) the date of the resolution; and\n- (ii) a summary of any conditions to which the delegation is subject; and\n- (iii) if the resolution is numbered—its number.","sortOrder":409},{"sectionNumber":"ch.9-pt.3","sectionType":"part","heading":"Process for resolving administrative action complaints","content":"# Process for resolving administrative action complaints","sortOrder":410},{"sectionNumber":"sec.279","sectionType":"section","heading":"Process for resolving administrative action complaints— Act , s 250","content":"### sec.279 Process for resolving administrative action complaints— Act , s 250\n\nThis section provides, for section 250 (4) of the Act , the process for resolving complaints about administrative actions of the council made by affected persons.\nThe council must adopt—\na complaints management process that effectively manages complaints from their receipt to their resolution; and\nwritten policies and procedures supporting the complaints management process.\nA complaints management process is a process for resolving complaints about administrative actions of the council that—\ncovers all administrative action complaints made to the council; and\nrequires the council to quickly and efficiently respond to complaints in a fair and objective way; and\nincludes the criteria considered when assessing whether to investigate a complaint; and\nrequires the council to inform an affected person of the council’s decision about the complaint and the reasons for the decision, unless the complaint was made anonymously.\nThe council must—\nrecord all administrative action complaints; and\nensure the public may inspect the complaints management process (including the related policies and procedures) at the council’s public office and on its website; and\nensure internal reports are occasionally provided to senior management about the operation of the complaints management process; and\nensure mechanisms are in place to—\nidentify, analyse and respond to complaint trends; and\nmonitor the effectiveness of the complaints management process (by monitoring the time taken to resolve complaints, for example).\nTo remove any doubt, it is declared that, in deciding if a complaint is an administrative action complaint, it is irrelevant—\nhow quickly the complaint was resolved; or\nto which area of the council the complaint was made; or\nwhether the complaint was a written or verbal complaint; or\nwhether or not the complaint was made anonymously.\nUnder section 179 , the council must include particular information relating to the complaints management process in the council’s annual report.\n(sec.279-ssec.1) This section provides, for section 250 (4) of the Act , the process for resolving complaints about administrative actions of the council made by affected persons.\n(sec.279-ssec.2) The council must adopt— a complaints management process that effectively manages complaints from their receipt to their resolution; and written policies and procedures supporting the complaints management process.\n(sec.279-ssec.3) A complaints management process is a process for resolving complaints about administrative actions of the council that— covers all administrative action complaints made to the council; and requires the council to quickly and efficiently respond to complaints in a fair and objective way; and includes the criteria considered when assessing whether to investigate a complaint; and requires the council to inform an affected person of the council’s decision about the complaint and the reasons for the decision, unless the complaint was made anonymously.\n(sec.279-ssec.4) The council must— record all administrative action complaints; and ensure the public may inspect the complaints management process (including the related policies and procedures) at the council’s public office and on its website; and ensure internal reports are occasionally provided to senior management about the operation of the complaints management process; and ensure mechanisms are in place to— identify, analyse and respond to complaint trends; and monitor the effectiveness of the complaints management process (by monitoring the time taken to resolve complaints, for example).\n(sec.279-ssec.5) To remove any doubt, it is declared that, in deciding if a complaint is an administrative action complaint, it is irrelevant— how quickly the complaint was resolved; or to which area of the council the complaint was made; or whether the complaint was a written or verbal complaint; or whether or not the complaint was made anonymously. Under section 179 , the council must include particular information relating to the complaints management process in the council’s annual report.\n- (a) a complaints management process that effectively manages complaints from their receipt to their resolution; and\n- (b) written policies and procedures supporting the complaints management process.\n- (a) covers all administrative action complaints made to the council; and\n- (b) requires the council to quickly and efficiently respond to complaints in a fair and objective way; and\n- (c) includes the criteria considered when assessing whether to investigate a complaint; and\n- (d) requires the council to inform an affected person of the council’s decision about the complaint and the reasons for the decision, unless the complaint was made anonymously.\n- (a) record all administrative action complaints; and\n- (b) ensure the public may inspect the complaints management process (including the related policies and procedures) at the council’s public office and on its website; and\n- (c) ensure internal reports are occasionally provided to senior management about the operation of the complaints management process; and\n- (d) ensure mechanisms are in place to— (i) identify, analyse and respond to complaint trends; and (ii) monitor the effectiveness of the complaints management process (by monitoring the time taken to resolve complaints, for example).\n- (i) identify, analyse and respond to complaint trends; and\n- (ii) monitor the effectiveness of the complaints management process (by monitoring the time taken to resolve complaints, for example).\n- (i) identify, analyse and respond to complaint trends; and\n- (ii) monitor the effectiveness of the complaints management process (by monitoring the time taken to resolve complaints, for example).\n- (a) how quickly the complaint was resolved; or\n- (b) to which area of the council the complaint was made; or\n- (c) whether the complaint was a written or verbal complaint; or\n- (d) whether or not the complaint was made anonymously.","sortOrder":411},{"sectionNumber":"ch.9-pt.4","sectionType":"part","heading":"Loss of council asset","content":"# Loss of council asset","sortOrder":412},{"sectionNumber":"sec.279A","sectionType":"section","heading":"Recording and notifying loss of council asset","content":"### sec.279A Recording and notifying loss of council asset\n\nThis section applies if the chief executive officer—\nis aware of a loss of an asset belonging to the council that the officer is satisfied is a reportable loss; or\nreasonably suspects there has been a reportable loss of an asset belonging to the council; or\nis aware of a material loss of an asset belonging to the council.\nThe chief executive officer must keep a written record of the following details about the loss—\na description of the asset, including its value;\nthe cause of the loss;\nthe action taken by the council to deal with the loss, including, for example—\naction to remedy any weakness in the council’s operations; or\naction taken to recover the loss;\napproval for writing off the loss.\nIf the chief executive officer is satisfied the material loss is also a reportable loss, the officer must notify the following as soon as practicable, but not more than 6 months after the officer becomes aware of the loss—\nthe auditor-general;\nfor a loss resulting from the commission of an offence under the Criminal Code or another Act—a police officer;\nfor a loss resulting from the corrupt conduct of a councillor, council employee or council worker—the Crime and Corruption Commission.\nIn this section—\ncorrupt conduct see the Crime and Corruption Act 2001 , section 15 .\nmaterial loss , for an asset belonging to the council, means—\nfor money—a loss of more than $500; or\nfor any other asset—a loss valued by the chief executive officer at more than $5,000.\nreportable loss , for an asset belonging to the council, means a loss resulting from—\nthe commission of an offence under the Criminal Code or another Act; or\nthe corrupt conduct of a councillor, council employee or council worker; or\nconduct of a contractor of the council that would be corrupt conduct if the contractor were a councillor, council employee or council worker.\ns 279A ins 2015 SL No. 140 s 3\namd 2025 SL No. 161 s 12\n(sec.279A-ssec.1) This section applies if the chief executive officer— is aware of a loss of an asset belonging to the council that the officer is satisfied is a reportable loss; or reasonably suspects there has been a reportable loss of an asset belonging to the council; or is aware of a material loss of an asset belonging to the council.\n(sec.279A-ssec.2) The chief executive officer must keep a written record of the following details about the loss— a description of the asset, including its value; the cause of the loss; the action taken by the council to deal with the loss, including, for example— action to remedy any weakness in the council’s operations; or action taken to recover the loss; approval for writing off the loss.\n(sec.279A-ssec.3) If the chief executive officer is satisfied the material loss is also a reportable loss, the officer must notify the following as soon as practicable, but not more than 6 months after the officer becomes aware of the loss— the auditor-general; for a loss resulting from the commission of an offence under the Criminal Code or another Act—a police officer; for a loss resulting from the corrupt conduct of a councillor, council employee or council worker—the Crime and Corruption Commission.\n(sec.279A-ssec.4) In this section— corrupt conduct see the Crime and Corruption Act 2001 , section 15 . material loss , for an asset belonging to the council, means— for money—a loss of more than $500; or for any other asset—a loss valued by the chief executive officer at more than $5,000. reportable loss , for an asset belonging to the council, means a loss resulting from— the commission of an offence under the Criminal Code or another Act; or the corrupt conduct of a councillor, council employee or council worker; or conduct of a contractor of the council that would be corrupt conduct if the contractor were a councillor, council employee or council worker.\n- (a) is aware of a loss of an asset belonging to the council that the officer is satisfied is a reportable loss; or\n- (b) reasonably suspects there has been a reportable loss of an asset belonging to the council; or\n- (c) is aware of a material loss of an asset belonging to the council.\n- (a) a description of the asset, including its value;\n- (b) the cause of the loss;\n- (c) the action taken by the council to deal with the loss, including, for example— (i) action to remedy any weakness in the council’s operations; or (ii) action taken to recover the loss;\n- (i) action to remedy any weakness in the council’s operations; or\n- (ii) action taken to recover the loss;\n- (d) approval for writing off the loss.\n- (i) action to remedy any weakness in the council’s operations; or\n- (ii) action taken to recover the loss;\n- (a) the auditor-general;\n- (b) for a loss resulting from the commission of an offence under the Criminal Code or another Act—a police officer;\n- (c) for a loss resulting from the corrupt conduct of a councillor, council employee or council worker—the Crime and Corruption Commission.\n- (a) for money—a loss of more than $500; or\n- (b) for any other asset—a loss valued by the chief executive officer at more than $5,000.\n- (a) the commission of an offence under the Criminal Code or another Act; or\n- (b) the corrupt conduct of a councillor, council employee or council worker; or\n- (c) conduct of a contractor of the council that would be corrupt conduct if the contractor were a councillor, council employee or council worker.","sortOrder":413},{"sectionNumber":"ch.10-pt.1","sectionType":"part","heading":"Repeal provision","content":"# Repeal provision","sortOrder":414},{"sectionNumber":"sec.280","sectionType":"section","heading":"Repeal","content":"### sec.280 Repeal\n\nThe following regulations are repealed—\nCity of Brisbane (Beneficial Enterprises and Business Activities) Regulation 2010 SL No. 170\nCity of Brisbane (Finance, Plans and Reporting) Regulation 2010 SL No. 171\nCity of Brisbane (Operations) Regulation 2010 SL No. 172 .\n- • City of Brisbane (Beneficial Enterprises and Business Activities) Regulation 2010 SL No. 170\n- • City of Brisbane (Finance, Plans and Reporting) Regulation 2010 SL No. 171\n- • City of Brisbane (Operations) Regulation 2010 SL No. 172 .","sortOrder":415},{"sectionNumber":"ch.10-pt.2","sectionType":"part","heading":"Transitional provisions for City of Brisbane Regulation 2012 SL No. 235","content":"# Transitional provisions for City of Brisbane Regulation 2012 SL No. 235","sortOrder":416},{"sectionNumber":"sec.281","sectionType":"section","heading":"Definitions for pt 2","content":"### sec.281 Definitions for pt 2\n\nIn this part—\ncommencement means the commencement of this part.\nrepealed Business Activities Regulation means the repealed City of Brisbane (Beneficial Enterprises and Business Activities) Regulation 2010 .","sortOrder":417},{"sectionNumber":"sec.282","sectionType":"section","heading":"Competitive neutrality complaints started before commencement","content":"### sec.282 Competitive neutrality complaints started before commencement\n\nThis section applies if—\nbefore the commencement—\na person made a competitive neutrality complaint in relation to a business entity under chapter 5 of the repealed Business Activities Regulation; and\nthe council appointed a referee to investigate and report on the complaint; and\nat the commencement—\nthe referee’s investigation and report on the complaint has not been finalised; and\nthe complaint has not been withdrawn.\nChapter 5 of the repealed Business Activities Regulation continues to apply in relation to the competitive neutrality complaint despite the repeal of those provisions under this regulation.\nWithout limiting subsection (2)—\nthe referee must continue to investigate and report on the competitive neutrality complaint; and\nthe council must comply with sections 136 and 138 of the repealed Business Activities Regulation.\nTo remove any doubt, it is declared that chapter 3, part 2, division 6 applies in relation to a competitive neutrality complaint about a business entity if—\nthe complaint was made before the commencement; and\nat the commencement, the council had not appointed a referee to investigate and report on the complaint.\n(sec.282-ssec.1) This section applies if— before the commencement— a person made a competitive neutrality complaint in relation to a business entity under chapter 5 of the repealed Business Activities Regulation; and the council appointed a referee to investigate and report on the complaint; and at the commencement— the referee’s investigation and report on the complaint has not been finalised; and the complaint has not been withdrawn.\n(sec.282-ssec.2) Chapter 5 of the repealed Business Activities Regulation continues to apply in relation to the competitive neutrality complaint despite the repeal of those provisions under this regulation.\n(sec.282-ssec.3) Without limiting subsection (2)— the referee must continue to investigate and report on the competitive neutrality complaint; and the council must comply with sections 136 and 138 of the repealed Business Activities Regulation.\n(sec.282-ssec.4) To remove any doubt, it is declared that chapter 3, part 2, division 6 applies in relation to a competitive neutrality complaint about a business entity if— the complaint was made before the commencement; and at the commencement, the council had not appointed a referee to investigate and report on the complaint.\n- (a) before the commencement— (i) a person made a competitive neutrality complaint in relation to a business entity under chapter 5 of the repealed Business Activities Regulation; and (ii) the council appointed a referee to investigate and report on the complaint; and\n- (i) a person made a competitive neutrality complaint in relation to a business entity under chapter 5 of the repealed Business Activities Regulation; and\n- (ii) the council appointed a referee to investigate and report on the complaint; and\n- (b) at the commencement— (i) the referee’s investigation and report on the complaint has not been finalised; and (ii) the complaint has not been withdrawn.\n- (i) the referee’s investigation and report on the complaint has not been finalised; and\n- (ii) the complaint has not been withdrawn.\n- (i) a person made a competitive neutrality complaint in relation to a business entity under chapter 5 of the repealed Business Activities Regulation; and\n- (ii) the council appointed a referee to investigate and report on the complaint; and\n- (i) the referee’s investigation and report on the complaint has not been finalised; and\n- (ii) the complaint has not been withdrawn.\n- (a) the referee must continue to investigate and report on the competitive neutrality complaint; and\n- (b) the council must comply with sections 136 and 138 of the repealed Business Activities Regulation.\n- (a) the complaint was made before the commencement; and\n- (b) at the commencement, the council had not appointed a referee to investigate and report on the complaint.","sortOrder":418},{"sectionNumber":"sec.283","sectionType":"section","heading":"References to QCA","content":"### sec.283 References to QCA\n\nThis section is about referring to the QCA particular decisions about competitive neutrality complaints made—\nbefore the commencement; and\nagainst business entities conducting business activities to which chapter 5, part 3 of the repealed Business Activities Regulation applied.\nIf the person who made the complaint has not already done so, the person may refer to the QCA—\nthe referee’s decision not to investigate the complaint; or\nthe council’s response to the referee’s recommendation about the complaint.\nFor the purpose of making the referral, or the QCA dealing with the referral, chapter 5, part 3 of the repealed Business Activities Regulation continues to apply despite the repeal of those provisions under this regulation.\nSubsection (5) applies if—\nbefore the commencement, the person who made the complaint had referred a decision mentioned in subsection (2)(a) or (b) to the QCA under chapter 5, part 3 of the repealed Business Activities Regulation; and\nat the commencement, the QCA had not finished dealing with the complaint.\nChapter 5, part 3 of the repealed Business Activities Regulation continues to apply in relation to the complaint despite the repeal of those provisions under this regulation.\n(sec.283-ssec.1) This section is about referring to the QCA particular decisions about competitive neutrality complaints made— before the commencement; and against business entities conducting business activities to which chapter 5, part 3 of the repealed Business Activities Regulation applied.\n(sec.283-ssec.2) If the person who made the complaint has not already done so, the person may refer to the QCA— the referee’s decision not to investigate the complaint; or the council’s response to the referee’s recommendation about the complaint.\n(sec.283-ssec.3) For the purpose of making the referral, or the QCA dealing with the referral, chapter 5, part 3 of the repealed Business Activities Regulation continues to apply despite the repeal of those provisions under this regulation.\n(sec.283-ssec.4) Subsection (5) applies if— before the commencement, the person who made the complaint had referred a decision mentioned in subsection (2)(a) or (b) to the QCA under chapter 5, part 3 of the repealed Business Activities Regulation; and at the commencement, the QCA had not finished dealing with the complaint.\n(sec.283-ssec.5) Chapter 5, part 3 of the repealed Business Activities Regulation continues to apply in relation to the complaint despite the repeal of those provisions under this regulation.\n- (a) before the commencement; and\n- (b) against business entities conducting business activities to which chapter 5, part 3 of the repealed Business Activities Regulation applied.\n- (a) the referee’s decision not to investigate the complaint; or\n- (b) the council’s response to the referee’s recommendation about the complaint.\n- (a) before the commencement, the person who made the complaint had referred a decision mentioned in subsection (2)(a) or (b) to the QCA under chapter 5, part 3 of the repealed Business Activities Regulation; and\n- (b) at the commencement, the QCA had not finished dealing with the complaint.","sortOrder":419},{"sectionNumber":"ch.10-pt.3","sectionType":"part","heading":"Transitional provision for Queensland Productivity Commission Act 2015","content":"# Transitional provision for Queensland Productivity Commission Act 2015","sortOrder":420},{"sectionNumber":"sec.284","sectionType":"section","heading":"Transfer of existing competitive neutrality complaints to QPC","content":"### sec.284 Transfer of existing competitive neutrality complaints to QPC\n\nThis section applies to a competitive neutrality complaint if, immediately before the commencement—\nthe QCA had not finished processing, investigating or reporting on the complaint under chapter 3, part 2, division 6; and\nthe complaint had not been withdrawn.\nFrom the commencement—\nthe responsibility for processing, investigating or reporting on the complaint is transferred to the QPC; and\nall records of the QCA relating to the complaint become records of the QPC.\nIn this section—\nQCA means the Queensland Competition Authority established under the Queensland Competition Authority Act 1997 , section 7 .\ns 284 ins 2015 SL No. 170 s 7\n(sec.284-ssec.1) This section applies to a competitive neutrality complaint if, immediately before the commencement— the QCA had not finished processing, investigating or reporting on the complaint under chapter 3, part 2, division 6; and the complaint had not been withdrawn.\n(sec.284-ssec.2) From the commencement— the responsibility for processing, investigating or reporting on the complaint is transferred to the QPC; and all records of the QCA relating to the complaint become records of the QPC.\n(sec.284-ssec.3) In this section— QCA means the Queensland Competition Authority established under the Queensland Competition Authority Act 1997 , section 7 .\n- (a) the QCA had not finished processing, investigating or reporting on the complaint under chapter 3, part 2, division 6; and\n- (b) the complaint had not been withdrawn.\n- (a) the responsibility for processing, investigating or reporting on the complaint is transferred to the QPC; and\n- (b) all records of the QCA relating to the complaint become records of the QPC.","sortOrder":421},{"sectionNumber":"ch.10-pt.4","sectionType":"part","heading":"Transitional provision for Local Government Legislation Amendment Regulation (No. 3) 2015","content":"# Transitional provision for Local Government Legislation Amendment Regulation (No. 3) 2015","sortOrder":422},{"sectionNumber":"ch.10-pt.4-div.1","sectionType":"division","heading":"Wards of Brisbane for 2016 quadrennial elections","content":"## Wards of Brisbane for 2016 quadrennial elections","sortOrder":423},{"sectionNumber":"sec.285","sectionType":"section","heading":"Wards of Brisbane for 2016 quadrennial elections— Act , s 17 (2)","content":"### sec.285 Wards of Brisbane for 2016 quadrennial elections— Act , s 17 (2)\n\nFor the purpose of the 2016 quadrennial elections—\nthe wards of Brisbane are named in schedule 1A; and\nthe boundaries of each ward are shown on map LGB 1, sheets 2 to 27; and\nthe boundaries of each ward are shown on the sheet number of map LGB 1 stated in schedule 1A opposite the ward’s name.\nTo remove any doubt, it is declared that—\nfor the purpose of the 2016 quadrennial elections the name and boundaries of each ward of Brisbane is as stated in schedule 1A instead of schedule 1; and\nfor all other purposes the name and boundaries of each ward of Brisbane is as stated in section 4.\nThis section applies despite section 4.\nIn this section—\n2016 quadrennial elections means the quadrennial elections held in 2016 under the Local Government Electoral Act 2011 .\ns 285 ins 2015 SL No. 182 s 4\n(sec.285-ssec.1) For the purpose of the 2016 quadrennial elections— the wards of Brisbane are named in schedule 1A; and the boundaries of each ward are shown on map LGB 1, sheets 2 to 27; and the boundaries of each ward are shown on the sheet number of map LGB 1 stated in schedule 1A opposite the ward’s name.\n(sec.285-ssec.2) To remove any doubt, it is declared that— for the purpose of the 2016 quadrennial elections the name and boundaries of each ward of Brisbane is as stated in schedule 1A instead of schedule 1; and for all other purposes the name and boundaries of each ward of Brisbane is as stated in section 4.\n(sec.285-ssec.3) This section applies despite section 4.\n(sec.285-ssec.4) In this section— 2016 quadrennial elections means the quadrennial elections held in 2016 under the Local Government Electoral Act 2011 .\n- (a) the wards of Brisbane are named in schedule 1A; and\n- (b) the boundaries of each ward are shown on map LGB 1, sheets 2 to 27; and\n- (c) the boundaries of each ward are shown on the sheet number of map LGB 1 stated in schedule 1A opposite the ward’s name.\n- (a) for the purpose of the 2016 quadrennial elections the name and boundaries of each ward of Brisbane is as stated in schedule 1A instead of schedule 1; and\n- (b) for all other purposes the name and boundaries of each ward of Brisbane is as stated in section 4.","sortOrder":424},{"sectionNumber":"ch.10-pt.4-div.2","sectionType":"division","heading":"Continuation of wards after 2016 quadrennial election","content":"## Continuation of wards after 2016 quadrennial election","sortOrder":425},{"sectionNumber":"sec.285A","sectionType":"section","heading":"Temporary continuation of former section 4 and schedule 1","content":"### sec.285A Temporary continuation of former section 4 and schedule 1\n\nDespite the commencement of the amendment regulation, section 4 and schedule 1, as in force immediately before 19 March 2016, continue to apply until the conclusion of the 2016 quadrennial elections.\nThis section applies despite section 4 and schedule 1.\nIn this section—\n2016 quadrennial election means the quadrennial election held in 2016 under the Local Government Electoral Act 2011 .\namendment regulation means the Local Government Legislation Amendment Regulation (No. 3) 2015 .\ns 285A ins 2015 SL No. 182 s 14\n(sec.285A-ssec.1) Despite the commencement of the amendment regulation, section 4 and schedule 1, as in force immediately before 19 March 2016, continue to apply until the conclusion of the 2016 quadrennial elections.\n(sec.285A-ssec.2) This section applies despite section 4 and schedule 1.\n(sec.285A-ssec.3) In this section— 2016 quadrennial election means the quadrennial election held in 2016 under the Local Government Electoral Act 2011 . amendment regulation means the Local Government Legislation Amendment Regulation (No. 3) 2015 .","sortOrder":426},{"sectionNumber":"ch.10-pt.5","sectionType":"part","heading":"Transitional provisions for Local Government Legislation Amendment Regulation (No. 2) 2015","content":"# Transitional provisions for Local Government Legislation Amendment Regulation (No. 2) 2015","sortOrder":427},{"sectionNumber":"sec.286","sectionType":"section","heading":"Definitions for pt 5","content":"### sec.286 Definitions for pt 5\n\nIn this part—\namendment regulation means the Local Government Legislation Amendment Regulation (No. 2) 2015 .\ninfringement notice means an infringement notice under the State Penalties Enforcement Act 1999 , section 15.\ninfringement notice offence means an offence mentioned in the State Penalties Enforcement Regulation 2014 , schedule 1, as in force immediately before the commencement, entry for City of Brisbane Regulation 2012 .\ns 286 ins 2015 SL No. 173 s 7","sortOrder":428},{"sectionNumber":"sec.287","sectionType":"section","heading":"Offences","content":"### sec.287 Offences\n\nThis section applies if a person is alleged to have committed an infringement notice offence before the commencement.\nDespite the Criminal Code , section 11 , proceedings for the infringement notice offence may be started or continued, and the court may hear and decide the proceedings, as if the amendment regulation had not commenced.\ns 287 ins 2015 SL No. 173 s 7\n(sec.287-ssec.1) This section applies if a person is alleged to have committed an infringement notice offence before the commencement.\n(sec.287-ssec.2) Despite the Criminal Code , section 11 , proceedings for the infringement notice offence may be started or continued, and the court may hear and decide the proceedings, as if the amendment regulation had not commenced.","sortOrder":429},{"sectionNumber":"sec.288","sectionType":"section","heading":"Infringement notices","content":"### sec.288 Infringement notices\n\nThis section applies if—\na person is alleged to have committed an infringement notice offence before the commencement; and\nat the commencement, an infringement notice for the offence had not been served on the person.\nDespite the Criminal Code, section 11, an infringement notice for the offence may be served on the person and State Penalties Enforcement Act 1999 applies as if the amendment regulation had not commenced.\ns 288 ins 2015 SL No. 173 s 7\n(sec.288-ssec.1) This section applies if— a person is alleged to have committed an infringement notice offence before the commencement; and at the commencement, an infringement notice for the offence had not been served on the person.\n(sec.288-ssec.2) Despite the Criminal Code, section 11, an infringement notice for the offence may be served on the person and State Penalties Enforcement Act 1999 applies as if the amendment regulation had not commenced.\n- (a) a person is alleged to have committed an infringement notice offence before the commencement; and\n- (b) at the commencement, an infringement notice for the offence had not been served on the person.","sortOrder":430},{"sectionNumber":"sec.289","sectionType":"section","heading":"Existing mall traffic restrictions","content":"### sec.289 Existing mall traffic restrictions\n\nSubsection (2) applies to a public notice issued under section 47(1) before the commencement and in force immediately before the commencement.\nFrom the commencement, the public notice is taken to be a public notice issued under the Public Land and Council Assets Local Law 2014 , section 20(2).\nSubsection (4) applies to a notice displayed under section 47(5) before the commencement and in force immediately before the commencement.\nFrom the commencement, the notice is taken to be a notice displayed under the Public Land and Council Assets Local Law 2014 , section 20(8).\ns 289 ins 2015 SL No. 173 s 7\n(sec.289-ssec.1) Subsection (2) applies to a public notice issued under section 47(1) before the commencement and in force immediately before the commencement.\n(sec.289-ssec.2) From the commencement, the public notice is taken to be a public notice issued under the Public Land and Council Assets Local Law 2014 , section 20(2).\n(sec.289-ssec.3) Subsection (4) applies to a notice displayed under section 47(5) before the commencement and in force immediately before the commencement.\n(sec.289-ssec.4) From the commencement, the notice is taken to be a notice displayed under the Public Land and Council Assets Local Law 2014 , section 20(8).","sortOrder":431},{"sectionNumber":"sec.290","sectionType":"section","heading":"Existing mall traffic permits","content":"### sec.290 Existing mall traffic permits\n\nThis section applies to a mall traffic permit given under section 49(1) before the commencement and in force immediately before the commencement.\nFrom the commencement, the mall traffic permit is taken to be a mall traffic permit given under the Public Land and Council Assets Local Law 2014 , section 21(1) for the same purposes and period, and subject to the same conditions (if any), for which the mall traffic permit under section 49(1) was given.\ns 290 ins 2015 SL No. 173 s 7\n(sec.290-ssec.1) This section applies to a mall traffic permit given under section 49(1) before the commencement and in force immediately before the commencement.\n(sec.290-ssec.2) From the commencement, the mall traffic permit is taken to be a mall traffic permit given under the Public Land and Council Assets Local Law 2014 , section 21(1) for the same purposes and period, and subject to the same conditions (if any), for which the mall traffic permit under section 49(1) was given.","sortOrder":432},{"sectionNumber":"sec.291","sectionType":"section","heading":"Removal or moving of vehicle from malls","content":"### sec.291 Removal or moving of vehicle from malls\n\nThis section applies if a vehicle was removed or moved from a mall under section 50(3) as in force immediately before the commencement.\nSections 51 to 54 as in force immediately before the commencement continue to apply in relation to the vehicle as if the amendment regulation had not commenced.\ns 291 ins 2015 SL No. 173 s 7\n(sec.291-ssec.1) This section applies if a vehicle was removed or moved from a mall under section 50(3) as in force immediately before the commencement.\n(sec.291-ssec.2) Sections 51 to 54 as in force immediately before the commencement continue to apply in relation to the vehicle as if the amendment regulation had not commenced.","sortOrder":433},{"sectionNumber":"sec.292","sectionType":"section","heading":"Appeals","content":"### sec.292 Appeals\n\nThis section applies if a person is entitled, under section 54 as in force immediately before the commencement, to appeal against a decision of the chief executive officer to refuse to deliver possession of a vehicle.\nSections 55 to 58 as in force immediately before the commencement continue to apply for the appeal as if the amendment regulation had not commenced.\ns 292 ins 2015 SL No. 173 s 7\n(sec.292-ssec.1) This section applies if a person is entitled, under section 54 as in force immediately before the commencement, to appeal against a decision of the chief executive officer to refuse to deliver possession of a vehicle.\n(sec.292-ssec.2) Sections 55 to 58 as in force immediately before the commencement continue to apply for the appeal as if the amendment regulation had not commenced.","sortOrder":434},{"sectionNumber":"ch.10-pt.6","sectionType":"part","heading":"Transitional provisions for Local Government Legislation (Implementing Stage 2 of Belcarra) Amendment Regulation 2019","content":"# Transitional provisions for Local Government Legislation (Implementing Stage 2 of Belcarra) Amendment Regulation 2019","sortOrder":435},{"sectionNumber":"sec.293","sectionType":"section","heading":"Application of s 178 to annual report for financial year starting 1 July 2019","content":"### sec.293 Application of s 178 to annual report for financial year starting 1 July 2019\n\nThe council’s annual report for the financial year starting on 1 July 2019 must comply with—\nfor the period starting on 1 July 2019 and ending immediately before the commencement—section 178 as in force immediately before the commencement; and\nfor the period starting on the commencement and ending on 30 June 2020—section 178 as in force on the commencement.\ns 293 ins 2019 SL No. 229 s 8\n- (a) for the period starting on 1 July 2019 and ending immediately before the commencement—section 178 as in force immediately before the commencement; and\n- (b) for the period starting on the commencement and ending on 30 June 2020—section 178 as in force on the commencement.","sortOrder":436},{"sectionNumber":"sec.294","sectionType":"section","heading":"Application of s 181 to annual report for financial year starting 1 July 2019","content":"### sec.294 Application of s 181 to annual report for financial year starting 1 July 2019\n\nSection 181, as in force before the commencement, continues to apply to the council’s annual report for the financial year starting on 1 July 2019 as if the Local Government Legislation (Implementing Stage 2 of Belcarra) Amendment Regulation 2019 , section 6 had not commenced.\ns 294 ins 2019 SL No. 229 s 8","sortOrder":437},{"sectionNumber":"ch.10-pt.7","sectionType":"part","heading":"Transitional provisions for Local Government Legislation (Boundary Changes and Other Matters) Amendment Regulation 2019","content":"# Transitional provisions for Local Government Legislation (Boundary Changes and Other Matters) Amendment Regulation 2019","sortOrder":438},{"sectionNumber":"ch.10-pt.7-div.1","sectionType":"division","heading":"Wards of Brisbane for 2020 quadrennial elections","content":"## Wards of Brisbane for 2020 quadrennial elections","sortOrder":439},{"sectionNumber":"sec.295","sectionType":"section","heading":"Wards of Brisbane for 2020 quadrennial elections— Act , s 17","content":"### sec.295 Wards of Brisbane for 2020 quadrennial elections— Act , s 17\n\nFor the purpose of the 2020 quadrennial elections—\nthe wards of Brisbane are named in schedule 1A; and\nthe boundaries of each ward are shown on map LGB 1 edition 3, sheets 2 to 27; and\nthe boundaries of each ward are shown on the sheet number of map LGB 1 edition 3 stated in schedule 1A opposite the ward’s name.\nTo remove any doubt, it is declared that—\nfor the purpose of the 2020 quadrennial elections, the name and boundaries of each ward of Brisbane are as stated in schedule 1A instead of schedule 1; and\nfor all other purposes, the name and boundaries of each ward of Brisbane are as stated in schedule 1.\nThis section applies despite section 4.\nIn this section—\n2020 quadrennial elections means the quadrennial elections held in 2020.\ns 295 ins 2019 SL No. 259 s 4\n(sec.295-ssec.1) For the purpose of the 2020 quadrennial elections— the wards of Brisbane are named in schedule 1A; and the boundaries of each ward are shown on map LGB 1 edition 3, sheets 2 to 27; and the boundaries of each ward are shown on the sheet number of map LGB 1 edition 3 stated in schedule 1A opposite the ward’s name.\n(sec.295-ssec.2) To remove any doubt, it is declared that— for the purpose of the 2020 quadrennial elections, the name and boundaries of each ward of Brisbane are as stated in schedule 1A instead of schedule 1; and for all other purposes, the name and boundaries of each ward of Brisbane are as stated in schedule 1.\n(sec.295-ssec.3) This section applies despite section 4.\n(sec.295-ssec.4) In this section— 2020 quadrennial elections means the quadrennial elections held in 2020.\n- (a) the wards of Brisbane are named in schedule 1A; and\n- (b) the boundaries of each ward are shown on map LGB 1 edition 3, sheets 2 to 27; and\n- (c) the boundaries of each ward are shown on the sheet number of map LGB 1 edition 3 stated in schedule 1A opposite the ward’s name.\n- (a) for the purpose of the 2020 quadrennial elections, the name and boundaries of each ward of Brisbane are as stated in schedule 1A instead of schedule 1; and\n- (b) for all other purposes, the name and boundaries of each ward of Brisbane are as stated in schedule 1.","sortOrder":440},{"sectionNumber":"ch.10-pt.7-div.2","sectionType":"division","heading":"Continuation of wards after 2020 quadrennial elections","content":"## Continuation of wards after 2020 quadrennial elections","sortOrder":441},{"sectionNumber":"sec.296","sectionType":"section","heading":"Temporary continuation of wards","content":"### sec.296 Temporary continuation of wards\n\nSection 4 and schedule 1, as in force immediately before the commencement, continue to apply until the conclusion of the 2020 quadrennial elections.\nThis section applies despite section 4 and schedule 1.\nIn this section—\n2020 quadrennial elections means the quadrennial elections held in 2020.\ns 296 ins 2019 SL No. 259 s 10\n(sec.296-ssec.1) Section 4 and schedule 1, as in force immediately before the commencement, continue to apply until the conclusion of the 2020 quadrennial elections.\n(sec.296-ssec.2) This section applies despite section 4 and schedule 1.\n(sec.296-ssec.3) In this section— 2020 quadrennial elections means the quadrennial elections held in 2020.","sortOrder":442},{"sectionNumber":"ch.10-pt.8","sectionType":"part","heading":"Transitional provision for Local Government Legislation (Integrity) Amendment Regulation 2020","content":"# Transitional provision for Local Government Legislation (Integrity) Amendment Regulation 2020","sortOrder":443},{"sectionNumber":"sec.297","sectionType":"section","heading":"Gifts and donations—sch 3, ss 12 and 14B","content":"### sec.297 Gifts and donations—sch 3, ss 12 and 14B\n\nThis section applies if, under schedule 3, a relevant person’s reporting term includes a period that occurred partly before the commencement.\nA reference in schedule 3, section 12(1)(b) to a gift given to the relevant person during the person’s reporting term includes a reference to a gift given to the person before the commencement during the person’s reporting term.\nA reference in schedule 3, section 14B(1)(b) to a donation made during the person’s reporting term does not include a reference to a donation made before the commencement during the person’s reporting term.\ns 297 ins 2020 SL No. 156 s 31\n(sec.297-ssec.1) This section applies if, under schedule 3, a relevant person’s reporting term includes a period that occurred partly before the commencement.\n(sec.297-ssec.2) A reference in schedule 3, section 12(1)(b) to a gift given to the relevant person during the person’s reporting term includes a reference to a gift given to the person before the commencement during the person’s reporting term.\n(sec.297-ssec.3) A reference in schedule 3, section 14B(1)(b) to a donation made during the person’s reporting term does not include a reference to a donation made before the commencement during the person’s reporting term.","sortOrder":444},{"sectionNumber":"ch.10-pt.9","sectionType":"part","heading":"Transitional provisions for Local Government Legislation Amendment Regulation (No. 1) 2020","content":"# Transitional provisions for Local Government Legislation Amendment Regulation (No. 1) 2020","sortOrder":445},{"sectionNumber":"sec.298","sectionType":"section","heading":"Definitions for part","content":"### sec.298 Definitions for part\n\nIn this part—\nformer , for a provision of this regulation, means the provision as in force from time to time before the commencement.\nnew , for a provision of this regulation, means the provision as in force from the commencement.\ns 298 ins 2020 SL No. 244 s 23","sortOrder":446},{"sectionNumber":"sec.299","sectionType":"section","heading":"Selling land for overdue rates or charges","content":"### sec.299 Selling land for overdue rates or charges\n\nThis section applies if—\nbefore the commencement, the council decided to sell land under section 132(2); and\non the commencement, the land has not been sold or taken to have been sold under section 135(4).\nFormer chapter 4, part 12 continues to apply in relation to the sale of the land.\ns 299 ins 2020 SL No. 244 s 23\n(sec.299-ssec.1) This section applies if— before the commencement, the council decided to sell land under section 132(2); and on the commencement, the land has not been sold or taken to have been sold under section 135(4).\n(sec.299-ssec.2) Former chapter 4, part 12 continues to apply in relation to the sale of the land.\n- (a) before the commencement, the council decided to sell land under section 132(2); and\n- (b) on the commencement, the land has not been sold or taken to have been sold under section 135(4).","sortOrder":447},{"sectionNumber":"sec.300","sectionType":"section","heading":"Copy of audited financial statements of controlled entities for financial year ending 30 June 2020","content":"### sec.300 Copy of audited financial statements of controlled entities for financial year ending 30 June 2020\n\nSection 203B does not apply to the council in relation to the copy of the audited financial statements of a controlled entity of the council for the financial year ending 30 June 2020.\ns 300 ins 2020 SL No. 244 s 23","sortOrder":448},{"sectionNumber":"sec.301","sectionType":"section","heading":"Existing notices about resolution to apply strategic contracting procedures","content":"### sec.301 Existing notices about resolution to apply strategic contracting procedures\n\nThis section applies if—\nbefore the commencement, the council published a notice under former section 208(3)(c); and\non the commencement, the meeting to which the notice relates has not been held.\nThe notice continues in effect as if it were a notice under new section 208(3)(c).\ns 301 ins 2020 SL No. 244 s 23\n(sec.301-ssec.1) This section applies if— before the commencement, the council published a notice under former section 208(3)(c); and on the commencement, the meeting to which the notice relates has not been held.\n(sec.301-ssec.2) The notice continues in effect as if it were a notice under new section 208(3)(c).\n- (a) before the commencement, the council published a notice under former section 208(3)(c); and\n- (b) on the commencement, the meeting to which the notice relates has not been held.","sortOrder":449},{"sectionNumber":"sec.302","sectionType":"section","heading":"Existing invitations to tender and invitations for expressions of interest","content":"### sec.302 Existing invitations to tender and invitations for expressions of interest\n\nThis section applies if—\nbefore the commencement, the council advertised an invitation to tender or invitation for expressions of interest under former section 218(4)(a), 218(5)(a), 221(4)(a), 222(5)(a) or 223(4)(a); and\non the commencement, the period for giving a tender or expression of interest in response to the invitation under former section 218, 221, 222 or 223 has not ended.\nThe invitation continues in effect as if it were an invitation under new section 218(4)(a), 218(5)(a), 221(4)(a), 222(5)(a) or 223(4)(a).\ns 302 ins 2020 SL No. 244 s 23\n(sec.302-ssec.1) This section applies if— before the commencement, the council advertised an invitation to tender or invitation for expressions of interest under former section 218(4)(a), 218(5)(a), 221(4)(a), 222(5)(a) or 223(4)(a); and on the commencement, the period for giving a tender or expression of interest in response to the invitation under former section 218, 221, 222 or 223 has not ended.\n(sec.302-ssec.2) The invitation continues in effect as if it were an invitation under new section 218(4)(a), 218(5)(a), 221(4)(a), 222(5)(a) or 223(4)(a).\n- (a) before the commencement, the council advertised an invitation to tender or invitation for expressions of interest under former section 218(4)(a), 218(5)(a), 221(4)(a), 222(5)(a) or 223(4)(a); and\n- (b) on the commencement, the period for giving a tender or expression of interest in response to the invitation under former section 218, 221, 222 or 223 has not ended.","sortOrder":450},{"sectionNumber":"sec.303","sectionType":"section","heading":"Registers of interests of councillors","content":"### sec.303 Registers of interests of councillors\n\nThe council must ensure that an extract of the register of interests for each councillor is made available for inspection under new section 273 within 35 days after the commencement.\nFormer section 273 continues to apply to the register of interests of a councillor until the council makes an extract of the register available for inspection under new section 273.\ns 303 ins 2020 SL No. 244 s 23\n(sec.303-ssec.1) The council must ensure that an extract of the register of interests for each councillor is made available for inspection under new section 273 within 35 days after the commencement.\n(sec.303-ssec.2) Former section 273 continues to apply to the register of interests of a councillor until the council makes an extract of the register available for inspection under new section 273.","sortOrder":451},{"sectionNumber":"ch.10-pt.10","sectionType":"part","heading":"Transitional provision for Queensland Future Fund (Titles Registry) Act 2021","content":"# Transitional provision for Queensland Future Fund (Titles Registry) Act 2021","sortOrder":452},{"sectionNumber":"sec.304","sectionType":"section","heading":"Transfer of existing competitive neutrality complaints to competition authority","content":"### sec.304 Transfer of existing competitive neutrality complaints to competition authority\n\nThis section applies if, immediately before the commencement—\na competitive neutrality complaint made to the QPC under this regulation had not been resolved or withdrawn; and\nthe QPC had not completed all actions in relation to the complaint that the QPC was required to take under chapter 3, part 2, division 6.\nChapter 3, part 2, division 6 applies in relation to the competitive neutrality complaint as if the complaint were made to the competition authority under section 33.\nIn this section—\nQPC means the Queensland Productivity Commission under the repealed Queensland Productivity Commission Act 2015 .\ns 304 ins 2021 Act No. 12 s 199\n(sec.304-ssec.1) This section applies if, immediately before the commencement— a competitive neutrality complaint made to the QPC under this regulation had not been resolved or withdrawn; and the QPC had not completed all actions in relation to the complaint that the QPC was required to take under chapter 3, part 2, division 6.\n(sec.304-ssec.2) Chapter 3, part 2, division 6 applies in relation to the competitive neutrality complaint as if the complaint were made to the competition authority under section 33.\n(sec.304-ssec.3) In this section— QPC means the Queensland Productivity Commission under the repealed Queensland Productivity Commission Act 2015 .\n- (a) a competitive neutrality complaint made to the QPC under this regulation had not been resolved or withdrawn; and\n- (b) the QPC had not completed all actions in relation to the complaint that the QPC was required to take under chapter 3, part 2, division 6.","sortOrder":453},{"sectionNumber":"ch.10-pt.11","sectionType":"part","heading":"Transitional provisions for Local Government Legislation (Boundary Changes and Other Matters) Amendment Regulation 2023","content":"# Transitional provisions for Local Government Legislation (Boundary Changes and Other Matters) Amendment Regulation 2023","sortOrder":454},{"sectionNumber":"sec.305","sectionType":"section","heading":"Definition for part","content":"### sec.305 Definition for part\n\nIn this part—\nformer , for a provision of this regulation, means the provision as in force immediately before the commencement.\ns 305 ins 2023 SL No. 56 s 7","sortOrder":455},{"sectionNumber":"sec.306","sectionType":"section","heading":"Particular financial documents for 2022–2023 financial year","content":"### sec.306 Particular financial documents for 2022–2023 financial year\n\nThis section applies if, after the commencement, the council adopts its annual report for the 2022–2023 financial year and that report contains—\na current-year financial sustainability statement for the 2022–2023 financial year; or\na long-term financial sustainability statement for the 2022–2023 financial year; or\na community financial report for the 2022–2023 financial year.\nFormer sections 160, 170 and 171 continue to apply in relation to the annual report.\ns 306 ins 2023 SL No. 56 s 7\n(sec.306-ssec.1) This section applies if, after the commencement, the council adopts its annual report for the 2022–2023 financial year and that report contains— a current-year financial sustainability statement for the 2022–2023 financial year; or a long-term financial sustainability statement for the 2022–2023 financial year; or a community financial report for the 2022–2023 financial year.\n(sec.306-ssec.2) Former sections 160, 170 and 171 continue to apply in relation to the annual report.\n- (a) a current-year financial sustainability statement for the 2022–2023 financial year; or\n- (b) a long-term financial sustainability statement for the 2022–2023 financial year; or\n- (c) a community financial report for the 2022–2023 financial year.","sortOrder":456},{"sectionNumber":"sec.307","sectionType":"section","heading":"Budget for 2023–2024 financial year","content":"### sec.307 Budget for 2023–2024 financial year\n\nThis section applies if, after the commencement, the council adopts or amends its budget for the 2023–2024 financial year.\nFormer section 160 continues to apply in relation to the budget.\ns 307 ins 2023 SL No. 56 s 7\n(sec.307-ssec.1) This section applies if, after the commencement, the council adopts or amends its budget for the 2023–2024 financial year.\n(sec.307-ssec.2) Former section 160 continues to apply in relation to the budget.","sortOrder":457},{"sectionNumber":"ch.10-pt.12","sectionType":"part","heading":"Transitional provisions for Local Government Legislation (Superannuation) Amendment Regulation 2024","content":"# Transitional provisions for Local Government Legislation (Superannuation) Amendment Regulation 2024","sortOrder":458},{"sectionNumber":"sec.308","sectionType":"section","heading":"Definition for part","content":"### sec.308 Definition for part\n\nformer , in relation to a section of this regulation, means the section as in force immediately before the commencement.\ns 308 ins 2024 SL No. 75 s 6","sortOrder":459},{"sectionNumber":"sec.309","sectionType":"section","heading":"Disciplinary actions that are deductions from salary or wages","content":"### sec.309 Disciplinary actions that are deductions from salary or wages\n\nThis section applies if—\nbefore the commencement, either—\na written notice of disciplinary action mentioned in former section 258(1)(c) had been given to a council employee; or\ndisciplinary action taken against a council employee had been changed on appeal under former section 259(2); and\nimmediately before the commencement, the disciplinary action had not been taken.\nFor taking the disciplinary action, former sections 258 and 259 continue to apply as if the Local Government Legislation (Superannuation) Amendment Regulation 2024 , sections 4 and 5 had not commenced.\ns 309 ins 2024 SL No. 75 s 6\n(sec.309-ssec.1) This section applies if— before the commencement, either— a written notice of disciplinary action mentioned in former section 258(1)(c) had been given to a council employee; or disciplinary action taken against a council employee had been changed on appeal under former section 259(2); and immediately before the commencement, the disciplinary action had not been taken.\n(sec.309-ssec.2) For taking the disciplinary action, former sections 258 and 259 continue to apply as if the Local Government Legislation (Superannuation) Amendment Regulation 2024 , sections 4 and 5 had not commenced.\n- (a) before the commencement, either— (i) a written notice of disciplinary action mentioned in former section 258(1)(c) had been given to a council employee; or (ii) disciplinary action taken against a council employee had been changed on appeal under former section 259(2); and\n- (i) a written notice of disciplinary action mentioned in former section 258(1)(c) had been given to a council employee; or\n- (ii) disciplinary action taken against a council employee had been changed on appeal under former section 259(2); and\n- (b) immediately before the commencement, the disciplinary action had not been taken.\n- (i) a written notice of disciplinary action mentioned in former section 258(1)(c) had been given to a council employee; or\n- (ii) disciplinary action taken against a council employee had been changed on appeal under former section 259(2); and","sortOrder":460},{"sectionNumber":"sec.310","sectionType":"section","heading":"Appeals relating to deductions from salary or wages","content":"### sec.310 Appeals relating to deductions from salary or wages\n\nThis section applies if, before the commencement—\nan appeal against disciplinary action mentioned in former section 258(1)(c) had been started but not decided; or\nthe period for starting an appeal against disciplinary action mentioned in former section 258(1)(c) had started but not ended.\nFor the purposes of starting or continuing the appeal, former sections 258 and 259 continue to apply as if the Local Government Legislation (Superannuation) Amendment Regulation 2024 , sections 4 and 5 had not commenced.\ns 310 ins 2024 SL No. 75 s 6\n(sec.310-ssec.1) This section applies if, before the commencement— an appeal against disciplinary action mentioned in former section 258(1)(c) had been started but not decided; or the period for starting an appeal against disciplinary action mentioned in former section 258(1)(c) had started but not ended.\n(sec.310-ssec.2) For the purposes of starting or continuing the appeal, former sections 258 and 259 continue to apply as if the Local Government Legislation (Superannuation) Amendment Regulation 2024 , sections 4 and 5 had not commenced.\n- (a) an appeal against disciplinary action mentioned in former section 258(1)(c) had been started but not decided; or\n- (b) the period for starting an appeal against disciplinary action mentioned in former section 258(1)(c) had started but not ended.","sortOrder":461},{"sectionNumber":"ch.10-pt.13","sectionType":"part","heading":"Transitional provisions for Local Government Legislation (Empowering Councils) Amendment Regulation 2025","content":"# Transitional provisions for Local Government Legislation (Empowering Councils) Amendment Regulation 2025","sortOrder":462},{"sectionNumber":"sec.311","sectionType":"section","heading":"Definition for part","content":"### sec.311 Definition for part\n\nIn this part—\nformer , in relation to a provision of this regulation, means the provision as in force from time to time before the commencement.\ns 311 ins 2025 SL No. 161 s 13","sortOrder":463},{"sectionNumber":"sec.312","sectionType":"section","heading":"Existing Ministerial extensions of time for adoption of annual report","content":"### sec.312 Existing Ministerial extensions of time for adoption of annual report\n\nThis section applies if—\nbefore the commencement, the Minister had, under former section 174(3), extended the time by which an annual report of the council must be adopted; and\nimmediately before the commencement—\nthe extension had not expired; and\nthe council had not adopted the annual report.\nThe extension continues in effect as if the Local Government Legislation (Empowering Councils) Amendment Regulation 2025 , section 5 had not commenced.\ns 312 ins 2025 SL No. 161 s 13\n(sec.312-ssec.1) This section applies if— before the commencement, the Minister had, under former section 174(3), extended the time by which an annual report of the council must be adopted; and immediately before the commencement— the extension had not expired; and the council had not adopted the annual report.\n(sec.312-ssec.2) The extension continues in effect as if the Local Government Legislation (Empowering Councils) Amendment Regulation 2025 , section 5 had not commenced.\n- (a) before the commencement, the Minister had, under former section 174(3), extended the time by which an annual report of the council must be adopted; and\n- (b) immediately before the commencement— (i) the extension had not expired; and (ii) the council had not adopted the annual report.\n- (i) the extension had not expired; and\n- (ii) the council had not adopted the annual report.\n- (i) the extension had not expired; and\n- (ii) the council had not adopted the annual report.","sortOrder":464},{"sectionNumber":"sec.313","sectionType":"section","heading":"Existing Ministerial exemption for disposal of non-current asset","content":"### sec.313 Existing Ministerial exemption for disposal of non-current asset\n\nThis section applies if—\nbefore the commencement, the Minister granted the council an exemption under former section 226(1)(f) in relation to the disposal of a non-current asset; and\nimmediately before the commencement, the council had not yet disposed of the asset.\nThe council may, under former section 226, dispose of the non-current asset in accordance with the exemption as if the Local Government Legislation (Empowering Councils) Amendment Regulation 2025 , section 11 had not commenced.\nSubsection (2) does not prevent the disposal of the non-current asset under section 226(1)(f) as in force on the commencement.\ns 313 ins 2025 SL No. 161 s 13\n(sec.313-ssec.1) This section applies if— before the commencement, the Minister granted the council an exemption under former section 226(1)(f) in relation to the disposal of a non-current asset; and immediately before the commencement, the council had not yet disposed of the asset.\n(sec.313-ssec.2) The council may, under former section 226, dispose of the non-current asset in accordance with the exemption as if the Local Government Legislation (Empowering Councils) Amendment Regulation 2025 , section 11 had not commenced.\n(sec.313-ssec.3) Subsection (2) does not prevent the disposal of the non-current asset under section 226(1)(f) as in force on the commencement.\n- (a) before the commencement, the Minister granted the council an exemption under former section 226(1)(f) in relation to the disposal of a non-current asset; and\n- (b) immediately before the commencement, the council had not yet disposed of the asset.","sortOrder":465},{"sectionNumber":"sec.314","sectionType":"section","heading":"Requirement to notify Minister about particular material losses","content":"### sec.314 Requirement to notify Minister about particular material losses\n\nThis section applies if, immediately before the commencement, the chief executive officer—\nwas required to notify the Minister about a material loss under section 279A(3)(a) as in force immediately before the commencement; and\nhad not yet notified the Minister.\nOn the commencement, the requirement to notify the Minister about the material loss stops applying to the chief executive officer.\ns 314 ins 2025 SL No. 161 s 13\n(sec.314-ssec.1) This section applies if, immediately before the commencement, the chief executive officer— was required to notify the Minister about a material loss under section 279A(3)(a) as in force immediately before the commencement; and had not yet notified the Minister.\n(sec.314-ssec.2) On the commencement, the requirement to notify the Minister about the material loss stops applying to the chief executive officer.\n- (a) was required to notify the Minister about a material loss under section 279A(3)(a) as in force immediately before the commencement; and\n- (b) had not yet notified the Minister.","sortOrder":466},{"sectionNumber":"ch.10-pt.14","sectionType":"part","heading":"Transitional provisions for Local Government (Empowering Councils) and Other Legislation Amendment Act 2026","content":"# Transitional provisions for Local Government (Empowering Councils) and Other Legislation Amendment Act 2026","sortOrder":467},{"sectionNumber":"sec.315","sectionType":"section","heading":"Budget for 2025–2026 financial year","content":"### sec.315 Budget for 2025–2026 financial year\n\nSection 162(1), as in force on the commencement, does not apply in relation to the budget for the 2025–2026 financial year.\ns 315 ins 2026 Act No. 5 s 38","sortOrder":468}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"_metrics":{"completionTokens":805},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose as a local government regulation. The 2012 regulation has been amended multiple times (noted in amendment history) but remains focused on Brisbane City Council's operational framework for boundaries, rates, financial management, and competitive neutrality. No significant scope creep is evident - the amendments appear to refine existing mechanisms rather than expand into new policy areas."},"complexity_factors":["Extensive cross-referencing to the Local Government Act 2009 and other Queensland legislation (Land Valuation Act, Planning Act, etc.)","Multiple calculation methods for rates including 2-year and 3-year averaging formulas with specific mathematical operations","Nested conditional logic throughout - e.g., overdue rates triggers depend on land type, judgment status, and time periods","Detailed procedural requirements for land sale/acquisition for overdue rates with multiple timelines (3 years general, 1 year for vacant/commercial with judgment, 3 months for mining claims)","Competitive neutrality framework with multiple defined terms (competitive advantage, disadvantage, community service obligations) and three reform pathways (full cost pricing, commercialisation, corporatisation)","Extensive reporting and transparency requirements spanning corporate plans, budgets, annual reports, and multiple financial statements","Complex land categorisation system for differential rates with objection and appeal mechanisms to QCAT","Multiple interlocking definitions and exceptions (e.g., trust money, rateable land, previously rateable land)","Temporal complexity with financial year-based calculations and forward-looking 10-year planning requirements"],"plain_english_summary":"This regulation sets out detailed rules for how the City of Brisbane Council operates, covering four main areas:\n\n**1. Boundaries and Governance Structure**\n- Defines Brisbane's external boundaries using map LGB 1 edition 3, and clarifies that watercourses (canals, lakes, rivers) within those boundaries are part of the city\n- Establishes 26 wards with boundaries shown on sheets 2-27 of the same map\n- Requires the council and state government to make these maps publicly available\n\n**2. Changing Boundaries**\n- Sets principles for any future boundary changes, including protecting \"communities of interest\" (where people live, work and socialise), ensuring effective representation, and considering alternatives like joint arrangements with neighbouring councils\n\n**3. Local Laws and Business Competition**\n- Requires the council to maintain a register of all local laws\n- Implements \"competitive neutrality\" rules: when the council runs businesses (like building certification or utilities), it must charge full costs and not gain unfair advantages over private competitors\n- Establishes a complaints process where businesses can challenge unfair competition from council activities\n\n**4. Rates and Financial Management**\n- **How rates are calculated**: Based on land value (using 2-year or 3-year averages to smooth fluctuations), with different rates for different land categories (residential, commercial, rural, etc.)\n- **Who pays**: Generally the current landowner, even if they just bought the property\n- **Discounts and concessions**: The council can offer early payment discounts, and concessions for pensioners, non-profits, or those experiencing hardship\n- **Overdue rates**: Interest applies (capped at bank bill rate plus 8% from 2019). After 3 years of non-payment, the council can sell the land at auction to recover debts\n- **Financial transparency**: The council must publish annual budgets, financial statements, and reports on spending, grants, and councillor expenses\n\n**5. Councillor Discretionary Funds**\n- Allows councillors to allocate small pools of funds (capped at 0.1% of general rates revenue) for community projects, with public reporting requirements\n\nThe regulation ensures the council operates transparently, treats ratepayers fairly, and competes fairly with private businesses when it operates commercial activities."},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The regulation began as a detailed operational instrument for the City of Brisbane Act 2010, covering boundaries, wards, local laws and some business activity rules. Over successive amendments (2013–2026), its scope expanded significantly — particularly in the competitive neutrality and complaints process sections, which were substantially rewritten and expanded, including the addition of formal information-gathering powers for the competition authority (s.38, inserted 2021) and confidentiality request provisions (s.43A, inserted 2021). Several provisions were also deleted (ss.13, 47–58), narrowing scope in some areas while deepening it in others. The regulation has evolved from a largely administrative instrument into one with meaningful quasi-regulatory and quasi-judicial processes."},"complexity_factors":["Wide subject matter scope — covers boundaries, electoral wards, business competition law, roads, waterways, coastal areas, and rating calculations in a single instrument","Heavy cross-referencing to the parent Act (City of Brisbane Act 2010) and multiple other Acts (Land Valuation Act, Planning Act, Building Act, Transport Infrastructure Act, Land Act, Land Title Act, Coastal Protection and Management Act, Economic Development Act)","Mathematical formulas for rating calculations (2-year and 3-year averaging numbers) requiring financial knowledge to apply","Layered competition law concepts (competitive neutrality, full cost pricing, commercialisation, corporatisation, code of competitive conduct) drawn from National Competition Policy","Multiple defined terms that have specific technical meanings different from everyday usage (e.g., 'significant business activity', 'competitive advantage', 'tax equivalent', 'community service obligation')","Procedural complexity in the competitive neutrality complaints process — multiple steps, multiple parties, strict timeframes","Boundary and map-based definitions that cannot be understood from the text alone — must be read alongside physical maps","Numerous sections omitted or amended over time, requiring readers to track legislative history to understand the current state of the law","Financial thresholds ($9.7 million, $340,000) that have been amended multiple times, creating potential for confusion about which version applies"],"plain_english_summary":"The City of Brisbane Regulation 2012 is the detailed rulebook implementing the City of Brisbane Act 2010. It defines Brisbane’s boundaries and wards, sets how boundary changes are reviewed, requires the council to publish local laws, governs council business competition and reform, and prescribes management of roads, waterways, malls and rates.\n\nIt affects residents, property owners, local businesses and ratepayers — clarifying who pays what, who manages public spaces, and how council activities must compete fairly with private business."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The regulation has expanded substantially beyond a narrow operational rulebook. Since earlier versions it now embeds: (1) detailed competitive neutrality and business‑unit reform rules (thresholds, full cost pricing, tax equivalents and independent complaint/investigation procedures); (2) a comprehensive financial governance architecture (prescribed sustainability measures, long‑term forecasting, internal audit and audit‑committee obligations and extensive publishing duties); (3) an elaborate procurement regime with optional strategic contracting and many exception pathways; and (4) robust councillor governance (training, registers of interests, disclosure, advisor caps and expenses policies). These additions move the instrument from a local administrative regulation toward a hybrid of corporate governance code, procurement law and financial reporting regime. Concretely, the regulation now directly shapes how council commercial activities operate in markets, how procurement contests are run, and imposes extensive transparency/oversight duties — each an enlargement of scope compared with a simple operational or municipal regulation."},"complexity_factors":["Very long document (300+ sections) covering diverse topics (boundaries, competitive neutrality, procurement, rates, financial governance, councillor matters)","High number of defined terms and cross-references to multiple Acts (City of Brisbane Act, Local Government Act, Land Valuation Act, Building Act, Planning Act, QCAT Act, Auditor‑General Act, etc.)","Multiple conditional branches and exceptions (e.g. procurement thresholds, exceptions to tendering, exemptions for asset disposal)","Nested procedural rules with time limits (e.g. notices, objection periods, auction timelines, audit deadlines)","Numerous monetary thresholds and indexed amounts (significant business activity threshold, medium/large contract thresholds, valuable asset limits, discretionary fund caps)","Several independent oversight pathways (competition authority/QPC, auditor‑general, Land Court, QCAT, Crime and Corruption Commission) increasing multi‑agency interactions","Detailed compliance and publication obligations (registers of interests, land record, contracting plans, financial statements), each with specific timing and format rules","Extensive transitional provisions with carve‑outs and savings that reference former versions and other amendment instruments","Multiple procedural routes for dispute resolution (internal complaints process, competitive neutrality complaints, appeal paths to Land Court or QCAT)","Significant conditional logic for taxing, concessions, community service obligations and cost allocation rules"],"plain_english_summary":"**What this regulation does (mechanical summary)**\n\n- Fixes Brisbane’s external boundary and wards by reference to official maps (LGB 1 edition 3) and requires public access to those maps (secs 3–5).\n- Sets guidance for proposing and assessing changes to Brisbane’s external boundary (communities of interest, planning, resource base, and consideration of joint arrangements) (secs 6–10).\n- Requires the council to keep and publish a register of its local laws and to follow competition‑policy review procedures for any local‑law provisions that create barriers to entry (secs 11–12).\n- Implements a detailed regime for council business activities and competitive neutrality:\n  - Defines when a council activity is a “significant business activity” (spend threshold) and requires assessment and, where chosen, reform by full cost pricing, commercialisation or corporatisation (secs 14–19).\n  - Specifies how to apply full cost pricing, how to treat community service obligations, and how to account for tax equivalents (secs 19–22).\n  - Sets rules for creating commercial business units and the key principles they must follow (secs 23–27).\n  - Prescribes a complaints and investigation pathway (make complaint to council → council decision → referral to the competition authority → investigation report → council must decide whether to implement recommendations and publish its response). The competition authority may require information, keep certain material confidential, and must apply competitive neutrality criteria (secs 30–44, 33–43A).\n- Provides a long list of operational powers and duties for the council about roads, malls, foreshore, bathing reserves, public thoroughfare easements and boundary works; and who controls and maintains them (secs 45–64).\n- Sets out the rules for rates, charges and utility charges:\n  - How land value is defined and used for rates, including optional 2‑ or 3‑year averaging (secs 65–69).\n  - Minimum rates, differential rates (categories and how land is assigned to categories), timeshare and mining claim specifics (secs 70–75).\n  - Procedures for entering land to categorise its rating category and objection and appeal routes (secs 76–86).\n  - How special rates/charges and utility charges are adopted, how implementation plans work and what happens to surpluses (secs 87–95, 92–94).\n  - Formal requirements for rate notices, electronic service, payment terms, discounts, instalments and what happens when rates are adjusted (secs 96–122, 100).\n- Sets out overdue‑rates enforcement including interest, debt recovery, and the full statutory process for selling or acquiring land for overdue rates (notice of intention, auction/sale procedures, reserve price rules, application of proceeds, transfer on sale, and safeguards) (secs 124–143, 128–139).\n- Requires the council to keep a land record, make it inspectable (fees and limited free access), and to amend it when necessary, with rights to QCAT review for affected ratepayers (secs 145–155, 148–151).\n- Establishes extensive financial governance and reporting requirements: corporate plan, 10‑year asset plan, annual budget contents and timing, long‑term financial forecast, revenue statement, community financial report, internal audit and external audit processes, an audit committee, policies for investment, debt and revenue, annual operational plan, and public access to key financial documents (secs 156–186, 157–175, 183–185, 191).\n- Sets rules on community grants, entertainment and advertising spend, procurement policy, and mandatory public disclosure of contracts over $200,000 (secs 186–190, 227).\n- Sets up internal controls and accounting rules: trust fund operation, discretionary funds (limits and publication), accounting records, monthly financial reports, asset valuation rules and audit arrangements (secs 192–199, 193B, 195–203B).\n- Establishes detailed contracting procedures. The council can choose an optional strategic contracting approach (with contracting plans and significant contracting plans). If it does not, default procurement rules apply with monetary thresholds for medium and large contracts, rules on quotes/tenders, exceptions (approved contractor lists, pre‑qualified suppliers, preferred suppliers, LGA arrangements, emergencies), and disposal rules for valuable non‑current assets (secs 206–226, 210–223, 213–217). Annual publication and transparency obligations for larger contracts are required (sec 227).\n- Sets governance rules for councillors: how remuneration and additional pay for certain director roles may be decided, an expenses reimbursement policy, administrative services and training obligations, and obligations about councillor advisors and limits on their numbers (secs 230–242AA, 255H).\n- Tightens meeting transparency and record‑keeping: notice of meetings and agendas, public availability, minutes, rules for closed meetings and the reasons that justify closure, recording reasons where council decisions contradict advisor recommendations, audio/visual participation rules, and committee procedures (secs 242A–242K, 242D–242J, 242F, 242H).\n- Requires detailed registers of interests for councillors, the CEO, councillor advisors, senior execs and certain relatives: what must be recorded, who maintains the registers, public access rules, correction obligations, retention periods, and penalties for improper disclosure (secs 267–275, 269, 270, 273–275).\n- Prescribes procedures for hearings and witness fees, delegation record content, complaints management for administrative‑action complaints, recording and notifying material or reportable council asset losses, and many transitional provisions that preserve or transfer proceedings and obligations when parts of the regulation are amended (secs 276–279, 279A, transitional parts).\n\n**Who this affects**\n\n- Residents, ratepayers and property owners in Brisbane: rules about how rates are calculated, objected to, and enforced; which land is rateable and how special charges are levied; appeals processes to QCAT or Land Court.\n- Businesses and potential suppliers to the council: procurement thresholds, tendering and exceptions, preferred supplier and pre‑qualification regimes, LGA arrangements, and publication of large contracts.\n- Council employees and senior executives: employment, disciplinary processes, suspension, long service portability, and obligations to disclose interests.\n- Councillors, councillor advisors and the CEO: rules on remuneration, expenses, training, administrative support, registers of interests and limitations on advisors.\n- Private sector competitors of council business units: full cost pricing, commercialisation/corporatisation options and the competitive neutrality complaints process change the commercial conditions under which council units operate.\n- External oversight bodies and the public: competition authority (investigations), auditor‑general (audit obligations), Land Court and QCAT (appeals and reviews), Crime and Corruption Commission and police (where losses involve corruption or criminality).\n\n**Why it matters (practical effects and trade‑offs)**\n\n- Accountability and transparency: the regulation imposes many publication and reporting duties (plans, budgets, contracts, registers of interests, minutes and financial reports). That increases public visibility of council decisions and spending (secs 160, 171, 191, 227, 242D–F, 273). The trade‑off is administrative work and cost to maintain and publish this information.\n\n- Commercialisation and competition: council activities above monetary thresholds must be identified and assessed for reform and may be required to apply full cost pricing or be commercialised/corporatised (secs 15–19). Mechanically this either raises prices of some council services to reflect full costs or forces market‑style governance of council units. Effect: reduces some cross‑subsidies and exposes council activities to competition rules, but imposes compliance, accounting and tax‑equivalent costs and can shift how services are delivered.\n\n- Procurement flexibility vs. contestability: the default procurement path requires quotes/tenders for medium/large deals (secs 215–218). But a long list of exceptions (approved lists, preferred suppliers, LGA arrangements, genuine emergency, single supplier etc.) and an optional strategic contracting regime give the council substantial discretion (secs 220–225, 207–212). Mechanically this lowers transaction costs and can speed delivery but raises the risk that fewer suppliers compete and that discretion needs strong transparency to limit capture. Publication of larger contracts (sec 227) counterbalances that by creating a public check.\n\n- Ratepayer protections and enforcement: the rules set detailed notice, objection and appeal processes (secs 74–86 and 132–143). The sale/acquisition path for overdue rates is robust and streamlined (clear timelines, reserve price rules and application of proceeds) —this speeds recovery but concentrates risk on owners who fall behind; procedural protections (notice, auction publicity, Land Court remedies) are required.\n\n- Competitive neutrality complaints: a multi‑step process (complain to council → competition authority investigation → report and recommendations → council resolution on implementation) creates an independent oversight mechanism (secs 33–44). It increases procedural certainty for private firms competing with council units but adds administrative burdens for the council and potential reputational risk when recommendations require change.\n\n- Who pays and who decides: practically, ratepayers and users pay for council services and any shifts to full cost pricing; suppliers are affected by procurement rules; council (councillors and the chief executive officer) decide by resolution on many policies and exemptions (procurement approach, contracting plans, discretionary funds, concessions, internal policy) and external bodies (competition authority, auditor‑general, Land Court, QCAT) exercise review or investigative powers (many sections cited). These decisions change incentives: e.g., councils will weigh administrative cost of competitive neutrality compliance against the risk of complaints; procurement choices change the mix of local vs external suppliers.\n\n**Implementation and compliance risks**\n\n- Large compliance and administrative burden from detailed financial rules, audits and publication obligations (secs 160, 168, 174–176, 191). Those require staff time, new systems and strong record‑keeping.\n- Discretion in procurement exceptions and strategic contracting increases the need for strong internal controls (contract manual, audit committee) to limit actual or perceived misuse (secs 212, 199–201, 218, 220–225).\n- The sale/acquisition pathways for overdue rates are procedurally elaborate; errors risk litigation, reputational and financial costs (secs 132–143, 137–139).\n\n(Primary statutory citations are the section numbers shown in the regulation — for example, procurement rules: secs 213–224; competitive neutrality complaints: secs 30–44; rates and land sale procedures: ch 4 parts 5–12.)"}},"importantCases":[],"_links":{"self":"/api/acts/city-of-brisbane-regulation-2012","history":"/api/acts/city-of-brisbane-regulation-2012/history","analysis":"/api/acts/city-of-brisbane-regulation-2012/analysis","conflicts":"/api/acts/city-of-brisbane-regulation-2012/conflicts","importantCases":"/api/acts/city-of-brisbane-regulation-2012/important-cases","documents":"/api/acts/city-of-brisbane-regulation-2012/documents"}}