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Part 2 Amendment of City of Brisbane Act 2010
Part 13 Transitional provisions
for Local Government
(Empowering Councils)
and Other Legislation
Amendment Act 2025
Division 1 Preliminary
300 Definitions for part
In this part—
amendment Act means the Local Government
(Empowering Councils) and Other Legislation
Amendment Act 2025.
former, in relation to a provision of this Act,
means the provision as in force from time to time
before the commencement of the transitional
provision in which the term is used.
new, in relation to a provision of this Act, means
the provision as in force from the commencement
of the transitional provision in which the term is
used.
transitional provision means a provision of this
part.
Division 2 Provisions for
amendments commencing
on assent
301 Budget for 2025–2026 financial year
(1) This section applies in relation to the council’s
budget for the 2025–2026 financial year.
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Part 2 Amendment of City of Brisbane Act 2010
(2) Section 104 as in force immediately before the
commencement continues to apply in relation to
the budget despite the amendment of that section
by the amendment Act.
302 Councillors who were candidates immediately
before commencement
(1) This section applies if—
(a) before the commencement, a councillor had
become a candidate, under the Electoral
Act, section 93(3), for an election of a
member of the Legislative Assembly; and
(b) immediately before the commencement, the
election period for the election had not
ended under that Act.
(2) Sections 155 and 160A as in force immediately
before the commencement continue to apply to
the councillor, despite the enactment of the
amendment Act, until the election period ends.
303 Councillor training
Training that was, immediately before the
commencement, approved councillor training for
a matter under section 169A as in force
immediately before the commencement is, from
the commencement, taken to be an approved
training course for the same matter under new
section 169A.
304 Existing senior contract employees
(1) This section applies to a person if, immediately
before the commencement, the person—
(a) held an appointment under section 193 as in
force immediately before the
commencement; and
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Part 2 Amendment of City of Brisbane Act 2010
(b) was employed on a contractual basis and
classified by the council as ‘senior executive
service’.
(2) From the commencement—
(a) the person’s contract and conditions of
employment continue; and
(b) the person is taken to have been appointed
by the council as a senior contract employee
under new section 192.
21 Amendment of sch 2 (Dictionary)
(1) Schedule 2—
insert—
senior contract employee means an employee of
the council who—
(a) is employed on a contractual basis; and
(b) is classified by the council as senior
executive service.
(2) Schedule 2, definition council employee—
insert—
(ba) a senior contract employee;
(3) Schedule 2, definition council employee, paragraphs (ba) and
(c)—
renumber as paragraphs (c) and (d).
Division 3 Amendments commencing by
proclamation
22 Amendment of s 171 (Requests for assistance or
information)
(1) Section 171—
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Clause 26
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insert—
(4A) Also, subsections (2) and (3) apply to a councillor
in relation to committee information—
(a) only if the councillor is a member of the
Establishment and Coordination
Committee; or
(b) if the councillor is not a member—only to
the extent the committee information relates
to a matter that has been finally resolved by
the Establishment and Coordination
Committee.
(2) Section 171(6), ‘Subsection (5)’—
omit, insert—
Subsection (6)
(3) Section 171(9), ‘subsection (8)(b)’—
omit, insert—
subsection (9)(b)
(4) Section 171(10)—
insert—
committee information means information in a
document made about, by or for the purposes of
the Establishment and Coordination Committee,
including the following documents—
(a) committee submissions;
(b) committee briefing notes;
(c) committee agendas;
(d) notes of discussions in committee meetings;
(e) committee minutes;
(f) committee decisions;
(g) a draft of a document mentioned in any of
paragraphs (a) to (f).
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Part 2 Amendment of City of Brisbane Act 2010
finally resolved, in relation to a matter, means—
(a) the Establishment and Coordination
Committee has, by resolution, made a final
decision about the matter; or
(b) the Establishment and Coordination
Committee has decided, or is taken to have
decided, the matter in a way prescribed by
regulation.
(5) Section 171(4A) to (10)—
renumber as section 171(5) to (11).
23 Amendment of s 172 (Inspection of particular records by
councillors)
(1) Section 172—
insert—
(3A) Also, subsection (1) applies in relation to a record
of the Establishment and Coordination
Committee containing committee information
within the meaning of section 171—
(a) only if the councillor is a member of the
committee; or
(b) if the councillor is not a member—only to
the extent the record relates to a matter that
has been finally resolved by the committee.
(2) Section 172(4)—
insert—
finally resolved, in relation to a matter, see
section 171(11).
(3) Section 172(3A) and (4)—
renumber as section 172(4) and (5).
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24 Replacement of ch 6, pt 2, div 5A (Councillors’ conflicts
of interest)
Chapter 6, part 2, division 5A—
omit, insert—
Division 5A Dealing with personal
interests of councillors
177A Matters in relation to which division does not
apply
(1) This division does not apply in relation to a
councillor’s personal interest in a matter if the
matter—
(a) is solely, or relates solely to, the making or
levying of rates and charges, or the fixing of
a cost-recovery fee, by the council; or
(b) is solely, or relates solely to—
(i) making a planning scheme that applies
to the whole of Brisbane; or
(ii) amending a planning scheme, if the
amendment applies to the whole of
Brisbane; or
(c) is solely, or relates solely to, the preparation,
adoption or amendment of a budget for the
council; or
(d) is solely, or relates solely to, preparing,
adopting or amending a document
prescribed by regulation that the council is
required to prepare or adopt under a local
government related law; or
(e) is solely, or relates solely to—
(i) the making of a donation to a religious,
charitable or non-profit institution or
organisation, unless a councillor, or an
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Part 2 Amendment of City of Brisbane Act 2010
associate or related party of a
councillor, receives a benefit because
of the donation that is more than
merely a benefit relating to reputation;
or
(ii) a councillor representing the council in
an official capacity at an event held by
a government agency or an entity that
is wholly owned by the council; or
(f) is solely, or relates solely to,
employment-related or upgraded travel or
accommodation undertaken or used by a
councillor, or an associate or related party of
a councillor; or
(g) is solely, or relates solely to—
(i) the remuneration or reimbursement of
expenses of councillors or members of
a committee of the council; or
(ii) the provision of superannuation
entitlements or insurance for
councillors; or
(iii) a matter of interest to the councillor
solely as a candidate for election or
appointment as mayor, deputy mayor,
councillor or member of a committee
of the council.
(2) Also, this division does not apply in relation to a
councillor’s interest in a matter if the interest of
the councillor, or an associate or related party of
the councillor, is no greater than the personal
interests in the matter of a significant proportion
of persons in Brisbane.
(3) In addition, this division does not apply in relation
to a councillor’s interest in a matter relating to a
corporation or association that arises solely
because of a nomination or appointment of the
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councillor by the council to be a member of the
board of the corporation or association.
(4) In this section—
employment-related or upgraded travel or
accommodation, for a person, means—
(a) travel or accommodation undertaken or used
by the person that is paid for by the State or
a local government; or
(b) if the person is a councillor—travel or
accommodation paid for by LGAQ Ltd for
the purpose of the councillor attending a
meeting of the policy executive established
under the constitution of LGAQ Ltd; or
(c) travel or accommodation that is—
(i) undertaken or used by the person in the
course of the person’s employment;
and
(ii) contributed to, whether financially or
non-financially, by the person’s
employer; or
(d) if the person is a director of a
corporation—travel or accommodation that
is—
(i) undertaken or used by the person in the
course of carrying out the person’s
duties as director; and
(ii) contributed to, whether financially or
non-financially, by the corporation; or
(e) if the travel is airline travel undertaken by
the person—an upgrade to the travel given
by the provider of the travel for no charge;
or
Example—
a free air travel upgrade to business class
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(f) an upgrade to accommodation used by the
person that is given by the provider of the
accommodation for no charge.
Example—
a free accommodation upgrade to a larger room
government agency means—
(a) the State, a government entity or another
local government; or
(b) another Australian government or an entity
of another Australian government; or
(c) a local government of another State.
177B What is a material personal interest
(1) A councillor has a material personal interest in a
matter if the councillor or an associate of the
councillor stands to gain a benefit or suffer a loss,
either directly or indirectly, depending on the
outcome of the consideration of the matter at a
council meeting.
(2) However, a councillor has a material personal
interest under subsection (1) in relation to an
associate only if the councillor knows, or ought
reasonably to know, about the associate’s
involvement in the matter.
177C What is a conflict of interest
(1) A conflict of interest is a conflict between a
councillor’s personal interests, or the personal
interests of a related party of the councillor, and
the public interest that might lead to a decision
that is contrary to the public interest.
(2) However, a councillor does not have a conflict of
interest in a matter if—
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(a) the conflict of interest arises solely
because—
(i) the councillor undertakes an
engagement in the capacity of
councillor for a community group,
sporting club or similar organisation,
and is not appointed as an executive
officer of the organisation; or
(ii) the councillor, or a related party of the
councillor, is a member or patron of a
community group, sporting club or
similar organisation, and is not
appointed as an executive officer of the
organisation; or
(iii) the councillor, or a related party of the
councillor, is a member of a political
party; or
(iv) the councillor, or a related party of the
councillor, has an interest in an
educational facility or provider of a
child care service as a student or
former student, or a parent or
grandparent of a student, of the facility
or service; or
(b) the conflict of interest arises solely because
of the religious beliefs of the councillor or a
related party of the councillor; or
(c) the conflict of interest arises solely because
the councillor, or a related party of the
councillor, receives a gift, loan or sponsored
travel or accommodation benefit from an
entity during a financial year, if the total
gifts, loans and benefits given by the entity
to the councillor or related party total less
than $500 in the financial year; or
(d) the conflict of interest relates to the
appointment, discipline, termination,
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remuneration or other employment
conditions of a councillor advisor for the
councillor, if the conflict of interest arises
solely because the councillor advisor is a
related party, other than an associate, of the
councillor; or
(e) the conflict of interest arises solely
because—
(i) the councillor is, or has been, a
member of a group of candidates for an
election or a previous election with
another councillor; or
(ii) the same political party endorsed the
candidature of the councillor and
another councillor for an election or a
previous election; or
(iii) the councillor has been elected or
appointed at the same time, or has held
office during the same period, as
another councillor.
(3) Also, a councillor has a conflict of interest in a
matter in relation to a related party only if the
councillor knows, or ought reasonably to know,
about the related party’s involvement in the
matter.
(4) In this section—
patron, of a community group, sporting club or
similar organisation, means a person who, under a
formal arrangement, provides public support to
the group, club or organisation as its ambassador
or representative.
sponsored travel or accommodation benefit,
received by a person, means travel or
accommodation undertaken or used by the person,
other than employment-related or upgraded travel
or accommodation under section 177A(4), if—
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(a) another entity contributes, whether
financially or non-financially, to the cost of
the travel or accommodation; and
(b) the other entity is not the person’s spouse,
other family member or friend.
177D Who is an associate of a councillor
Each of the following persons is an associate of a
councillor—
(a) a spouse of the councillor;
(b) a parent, child or sibling of the councillor;
(c) a person in a partnership with the councillor;
(d) an employer, other than a government entity,
of the councillor;
(e) an entity, other than a government entity, of
which the councillor is an executive officer
or board member;
(f) an entity in which the councillor or a person
mentioned in paragraphs (a) to (e) for the
councillor has an interest, other than an
interest of less than 5% in an entity that is a
listed corporation under the Corporations
Act, section 9;
(g) another person prescribed by regulation.
177E Who is a related party of a councillor
A person is a related party of a councillor if the
person is any of the following—
(a) an associate of the councillor, other than an
entity mentioned in section 177D(f);
(b) a spouse of the councillor’s parent, child or
sibling;
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