City of Brisbane Act 2010

Brisbane City Council and its officers. The Act is the constitutional charter for the council, defining its existence, composition, responsibilities, and limitations. The CEO and senior executives are employed under the Act and subject to accountability obligations.

Councillors and the Lord Mayor. The Act extensively regulates their qualifications (section 152), elections, conflicts of interest, conduct standards, training obligations (section 169A), financial accountability (Part 5), and dismissal grounds.

Property owners and residents. Subject to rates and charges levied by the council, local laws made by the council, and the council's enforcement powers. The charge on land created by unpaid rates (relevant in Amos) means overdue rates follow the land to a new owner.

Businesses operating in Brisbane. Subject to local laws regulating business licensing, signage, footpath use, food handling, and other commercial activities in the city.

Authorised persons and investigators. Officers exercising powers under Chapter 5. Their appointment, powers, and limitations are set out in the Act.

State government. The Minister retains oversight powers including the ability to approve model local laws, and the Governor in Council retains the power to make regulations (section 252). The Chief Executive of the relevant Department may also exercise investigation and oversight functions.

Council's duty of good governance. Section 9 establishes the council's fundamental responsibility for the good rule and local government of Brisbane. This is the constitutional foundation from which all other obligations derive.

Rates notice requirements. Before levying rates, the council must issue a rates notice in accordance with the Act. Overdue rates attract interest and become a charge on the land under the relevant provisions confirmed in Brisbane City Council v Amos.

Financial accountability obligations. Section 105 introduces a Part about councillors' financial accountability. Under section 107, if the council makes an unauthorised disbursement (one not provided for in the budget and not approved by resolution), the council must publish a notice on its website within 14 days. Councillors who knowingly agree to a disbursement that is not for a genuine emergency or hardship are jointly and severally liable to repay the amount, with interest and associated costs.

Councillor discretionary funds. Section 106 requires councillors to use their discretionary funds (community-purpose budget allocations) in accordance with regulations.

Displaying and enforcing local laws. Local laws once made bind residents and businesses. The council is obliged to make them accessible. Section 148 makes it an offence (50 penalty units maximum) to obstruct an authorised person enforcing the Act or a local law.

Councillor training. Section 169A requires councillors to complete approved training courses on relevant governance matters. Section 303 provides transitional recognition of previously approved training.

Making local laws. The council may make local laws on any matter within its jurisdiction. Subordinate local laws provide detailed implementation of the broader local law. Interim local laws operate for up to six months and do not require the ordinary consultation process.

Beneficial enterprises (sections 43-44). The council may conduct beneficial enterprises (enterprises benefiting Brisbane) and participate with associations for this purpose. It may not, however, participate with unlimited corporations in those activities.

Road and infrastructure management (Chapter 3, Part 4). The council has extensive powers over roads, footpaths, drains, and other infrastructure within Brisbane. Section 65 and the provisions following it govern the council's control over roads.

Enforcement and entry powers (Chapter 5). Authorised persons may enter properties, including private property, in circumstances specified in the Act, without force unless authorised by warrant. They may require name and address disclosure, issue directions, and take enforcement action.

Investigation of council records (Chapter 5, Part 3). Investigators have powers to examine the council's records and documents in specified circumstances.

Regulatory powers. The Governor in Council may make regulations on a wide range of matters including prescribing the maximum number of councillor advisors (section 194C) and matters relating to financial planning and accountability (section 252).

Section 148 creates the primary obstruction offence: a maximum of 50 penalty units for obstructing an authorised person or council worker in the exercise of powers under the Act or a local law. A lesser penalty of 35 penalty units applies to pulling down, damaging, defacing, or destroying posted notices authorised by the council.

Councillors may face personal liability for unauthorised disbursements under section 107, including repayment of the full amount with interest and costs. This is a civil liability, not a criminal penalty.

The Schedules list serious integrity offences and integrity offences. Conviction for a serious integrity offence is likely to result in disqualification from office as a councillor.

The Act provides for the investigation of council records and decision-making processes, and the Minister or relevant Chief Executive may exercise oversight powers where governance failures are identified.

Local law making. Local laws must be made in accordance with the process set out in the Act and the Local Government Act 2009. Consultation requirements apply unless the interim local law procedure is used. Interim local laws expire after six months if not converted to ordinary local laws.

Rates levying and recovery. Rates must be levied by a rates notice. Once overdue, rates attract interest and become a charge on the land. Under Brisbane City Council v Amos [2019] HCA 27, the applicable limitation period for recovery of overdue rates as a debt secured by a charge is 12 years under section 26(1) of the Limitation of Actions Act 1974 (Qld), not the six-year limitation period applicable to general statutory debts.

Councillor elections. Quadrennial elections are held on a fixed cycle. Councillor terms run to the conclusion of the next quadrennial election (section 160). Fresh elections may be held to fill casual vacancies, in which case the replacement councillor serves only for the balance of the original term.

Improper disbursement. Section 107 requires publication of the notice within 14 days of the disbursement being made. The councillors who knowingly agreed become jointly and severally liable from that point.

Councillor disqualification. Grounds for vacation of office and processes for disqualification are set out in the Act by reference to the Schedules and relevant provisions.

Local Government Act 2009 (Qld). The principal gap-filling Act for Brisbane City Council. Where the City of Brisbane Act is silent on a matter, the Local Government Act typically applies. The two Acts must be read together. Section 27 of the City of Brisbane Act references model local laws approved by the Minister under section 26(7) of the Local Government Act.

Limitation of Actions Act 1974 (Qld). Applied in Brisbane City Council v Amos [2019] HCA 27. Section 26(1) of the Limitation of Actions Act (12-year period for actions on debts secured by charge) applies to the council's action to recover overdue rates, because rates are a charge on land.

Statutory Bodies Financial Arrangements Act (Qld). Governs the financial arrangements of the council in relation to its beneficial enterprise activities (referenced in sections 43-44). The council's investment and borrowing powers are constrained by this Act.

Local Government Electoral Act 2011 (Qld). Governs the conduct of council elections, including quadrennial elections and fresh elections for vacancies.

Criminal Code (Qld). The serious integrity offences listed in Schedule 1 include Criminal Code offences. Conviction triggers disqualification.

Public Interest Disclosure Act 2010 (Qld). Applies to disclosures about council officers and councillors, providing whistleblower protections relevant to governance oversight.

Brisbane's unique status among Queensland local governments. Many provisions that apply to other Queensland councils under the Local Government Act 2009 operate differently or not at all for Brisbane. Practitioners advising the council or parties transacting with it must identify whether a given provision comes from the City of Brisbane Act or the Local Government Act and which prevails.

The charge on land created by overdue rates. As confirmed in Amos [2019] HCA 27, overdue rates follow the land. A purchaser who fails to obtain a rates clearance certificate before settlement may take subject to the council's charge on the land for overdue rates and charges. The 12-year limitation period means old arrears can remain enforceable much longer than parties may expect.

Interim local laws can be made quickly but expire. An interim local law can be made for an urgent matter without full consultation, but it expires after six months. If the council does not convert it to an ordinary local law in time, the matter lapses and any licences or permissions granted under the interim law may need to be reconsidered.

Councillors' personal liability for improper disbursements. Section 107 creates joint and several personal liability for any councillor who knowingly agrees to an unauthorised disbursement that is not for a genuine emergency or hardship. This is a significant personal financial risk for individual councillors who vote for unbudgeted expenditure without the requisite council resolution.

Enforcement without force. Authorised persons may enter private property in certain circumstances but may not use force unless operating under a warrant. Evidence obtained through a forcible entry without a warrant may be inadmissible and could expose the council to liability.

Property developer negotiating with the council. A developer seeking permission to carry out works on or near a Brisbane road must engage with the council's powers under Chapter 3 Part 4 (Roads and infrastructure). Any agreement about road relocation, footpath construction, or drainage must fit within the council's statutory powers; the council cannot enter agreements that exceed those powers.

Rates dispute with a new landowner. A property investor buys land in Brisbane from a vendor who had accumulated two years of unpaid general rates. The investor discovers after settlement that the council has a charge on the land for those arrears. Under Brisbane City Council v Amos, the council's action to recover those arrears is governed by the 12-year limitation period, not six years. The investor's recourse is against the vendor (subject to the terms of the contract of sale) rather than being able to argue the rates are statute-barred.

Council making an interim local law. During a major sporting event, Brisbane City Council makes an interim local law to regulate street vending, noise, and crowd management in certain precincts. The interim local law takes effect immediately without the ordinary consultation process and expires within six months. If the event management powers are needed on an ongoing basis, the council must commence the standard local law making process before the interim law expires.

Councillor voted for an unbudgeted payment. Following a decision to make an unbudgeted payment to a community organisation, section 107 requires the council to publish notice within 14 days. If the payment was not for a genuine emergency or hardship, each councillor who knowingly voted for it is jointly and severally liable to repay the amount to the council.