QLDIn ForceAct
City of Brisbane Act 2010
sec.52Competitive neutrality complaints
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### sec.52 Competitive neutrality complaints
The council must adopt a process for resolving competitive neutrality complaints.
A competitive neutrality complaint is a complaint that—
relates to the failure of the council to conduct a business activity in accordance with the competitive neutrality principle; and
is made by an affected person.
An affected person is—
a person who—
competes with the council in relation to the business activity; and
claims to be adversely affected by a competitive advantage that the person alleges is enjoyed by the council; or
a person who—
wants to compete with the council in relation to the business activity; and
claims to be hindered from doing so by a competitive advantage that the person alleges is enjoyed by the council.
A regulation may provide for the process for resolving competitive neutrality complaints.
The council does not have to resolve a competitive neutrality complaint relating to a business activity prescribed under a regulation.
(sec.52-ssec.1) The council must adopt a process for resolving competitive neutrality complaints.
(sec.52-ssec.2) A competitive neutrality complaint is a complaint that— relates to the failure of the council to conduct a business activity in accordance with the competitive neutrality principle; and is made by an affected person.
(sec.52-ssec.3) An affected person is— a person who— competes with the council in relation to the business activity; and claims to be adversely affected by a competitive advantage that the person alleges is enjoyed by the council; or a person who— wants to compete with the council in relation to the business activity; and claims to be hindered from doing so by a competitive advantage that the person alleges is enjoyed by the council.
(sec.52-ssec.4) A regulation may provide for the process for resolving competitive neutrality complaints.
(sec.52-ssec.5) The council does not have to resolve a competitive neutrality complaint relating to a business activity prescribed under a regulation.
- (a) relates to the failure of the council to conduct a business activity in accordance with the competitive neutrality principle; and
- (b) is made by an affected person.
- (a) a person who— (i) competes with the council in relation to the business activity; and (ii) claims to be adversely affected by a competitive advantage that the person alleges is enjoyed by the council; or
- (i) competes with the council in relation to the business activity; and
- (ii) claims to be adversely affected by a competitive advantage that the person alleges is enjoyed by the council; or
- (b) a person who— (i) wants to compete with the council in relation to the business activity; and (ii) claims to be hindered from doing so by a competitive advantage that the person alleges is enjoyed by the council.
- (i) wants to compete with the council in relation to the business activity; and
- (ii) claims to be hindered from doing so by a competitive advantage that the person alleges is enjoyed by the council.
- (i) competes with the council in relation to the business activity; and
- (ii) claims to be adversely affected by a competitive advantage that the person alleges is enjoyed by the council; or
- (i) wants to compete with the council in relation to the business activity; and
- (ii) claims to be hindered from doing so by a competitive advantage that the person alleges is enjoyed by the council.