sec.48Competitive neutrality complaints

### sec.48 Competitive neutrality complaints A local government must adopt a process for resolving competitive neutrality complaints. A competitive neutrality complaint is a complaint that— relates to the failure of a local government 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 local government in relation to the business activity; and claims to be adversely affected by a competitive advantage that the person alleges is enjoyed by the local government; or a person who— wants to compete with the local government 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 local government. A regulation may provide for the process for resolving competitive neutrality complaints. A local government does not have to resolve a competitive neutrality complaint relating to a business activity prescribed under a regulation. s 48 amd 2010 No. 23 s 284 (sec.48-ssec.1) A local government must adopt a process for resolving competitive neutrality complaints. (sec.48-ssec.2) A competitive neutrality complaint is a complaint that— relates to the failure of a local government to conduct a business activity in accordance with the competitive neutrality principle; and is made by an affected person. (sec.48-ssec.3) An affected person is— a person who— competes with the local government in relation to the business activity; and claims to be adversely affected by a competitive advantage that the person alleges is enjoyed by the local government; or a person who— wants to compete with the local government 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 local government. (sec.48-ssec.4) A regulation may provide for the process for resolving competitive neutrality complaints. (sec.48-ssec.5) A local government does not have to resolve a competitive neutrality complaint relating to a business activity prescribed under a regulation. - (a) relates to the failure of a local government 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 local government 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 local government; or - (i) competes with the local government 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 local government; or - (b) a person who— (i) wants to compete with the local government 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 local government. - (i) wants to compete with the local government 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 local government. - (i) competes with the local government 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 local government; or - (i) wants to compete with the local government 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 local government.