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Part 2 Amendment of City of Brisbane Act 2010
(c) a grandparent, uncle, aunt, nephew, niece or
grandchild of the councillor or the
councillor’s spouse;
(d) a parent, child or sibling of the councillor’s
spouse;
(e) a spouse of a person mentioned in paragraph
(c) or (d);
(f) an entity in which the councillor, or a person
mentioned in paragraph (a), (b), (c), (d) or
(e), has an interest.
177F Councillor’s material personal interest at a
meeting
(1) This section applies if—
(a) a matter is to be discussed at a council
meeting; and
(b) a councillor has a material personal interest
in the matter.
(2) The councillor must—
(a) inform the meeting of the councillor’s
material personal interest in the matter; and
(b) leave the place where the meeting is being
held, including any area set aside for the
public, and stay away from the place while
the matter is discussed and voted on.
Note—
Contravention of this subsection is misconduct under
the Local Government Act that could result in
disciplinary action being taken against a councillor. See
the Local Government Act, section 150L(1)(c)(iv).
(3) The councillor must not contravene subsection
(2), including by voting on the matter, with an
intention to gain a benefit or avoid a loss for the
councillor or someone else.
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Local Government (Empowering Councils) and Other Legislation Amendment Bill 2025
Part 2 Amendment of City of Brisbane Act 2010
Maximum penalty—200 penalty units or 2 years
imprisonment.
(4) However, the councillor does not contravene
subsection (2) by taking part in the meeting, or
being at the place where the meeting is being held,
if—
(a) the councillor is a person to whom approval
is given under subsection (5); and
(b) the councillor complies with all conditions
on which the approval is given.
(5) The Minister may, by signed notice, approve the
councillor taking part in the meeting, or being at
the place where the meeting is being held, if—
(a) because of the number of councillors subject
to the obligation under this section, the
holding of the meeting would be obstructed
if the approval were not given; or
(b) it appears to the Minister to be in the
interests of Brisbane that the approval be
given.
(6) The Minister may give the approval subject to
conditions stated in the notice.
(7) The following information must be recorded in
the minutes of the meeting or, if minutes are not
required for the meeting, in another way
prescribed by regulation—
(a) the name of the councillor who has the
material personal interest, or possible
material personal interest, in a matter;
(b) the nature of the material personal interest,
or possible material personal interest, as
described by the councillor;
(c) whether the councillor took part in the
meeting, or was at the place during the
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Authorised by the Parliamentary Counsel
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Local Government (Empowering Councils) and Other Legislation Amendment Bill 2025
Part 2 Amendment of City of Brisbane Act 2010
meeting, under an approval under
subsection (5).
177G Councillor’s conflict of interest at a meeting
(1) This section applies if—
(a) a matter is to be discussed at a council
meeting; and
(b) a councillor at the meeting—
(i) has a conflict of interest in the matter (a
real conflict); or
(ii) could reasonably be taken to have a
conflict of interest in the matter (a
perceived conflict).
(2) The councillor must deal with the real conflict or
perceived conflict in a transparent and
accountable way.
Note—
Contravention of this section is misconduct under the
Local Government Act that could result in disciplinary
action being taken against a councillor. See the Local
Government Act, section 150L(1)(c)(iv).
(3) Without limiting subsection (2), the councillor
must inform the meeting of—
(a) the councillor’s personal interests in the
matter; and
(b) if the councillor participates in the meeting
in relation to the matter—how the councillor
intends to deal with the real conflict or
perceived conflict.
(4) Subsection (5) applies if a quorum at the meeting
can not be formed because the councillor
proposes to be excluded from the meeting to
comply with subsection (2).
(5) The councillor does not contravene subsection (2)
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Local Government (Empowering Councils) and Other Legislation Amendment Bill 2025
Part 2 Amendment of City of Brisbane Act 2010
merely by participating, including, for example,
by voting, in the meeting in relation to the matter
if—
(a) the attendance of the councillor, together
with any other required number of
councillors, forms a quorum for the
meeting; and
(b) the councillor complies with subsection (3).
(6) The following information must be recorded in
the minutes of the meeting or, if minutes are not
required for the meeting, in another way
prescribed by regulation—
(a) the name of the councillor who has the real
conflict or perceived conflict;
(b) the nature of the personal interests, as
described by the councillor;
(c) how the councillor dealt with the real
conflict or perceived conflict;
(d) if the councillor voted on the matter—how
the councillor voted on the matter;
(e) how the majority of persons who were
entitled to vote at the meeting voted on the
matter.
(7) To remove any doubt, it is declared that
non-participation in the meeting is not the only
way the councillor may appropriately deal with
the real conflict or perceived conflict in a
transparent and accountable way.
25 Amendment of s 198D (Dishonest conduct of councillor
or councillor advisor)
(1) Section 198D(2), definition relevant integrity provision,
paragraph (a)(i) to (v)—
omit.
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Clause 29
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Local Government (Empowering Councils) and Other Legislation Amendment Bill 2025
Part 2 Amendment of City of Brisbane Act 2010
(2) Section 198D(2), definition relevant integrity provision,
paragraph (a)(vi) to (ix)—
renumber as paragraph (a)(i) to (iv).
26 Amendment of s 238 (Delegation of council powers)
(1) Section 238(2)—
omit.
(2) Section 238(3), ‘Also’—
omit, insert—
However
(3) Section 238(3) and (4)—
renumber as section 238(2) and (3).
27 Insertion of new ch 8, pt 13, div 3
Chapter 8, part 13, as inserted by this Act—
insert—
Division 3 Provisions for
amendments commencing
by proclamation
305 Proceedings for particular offences
(1) This section applies in relation to an offence
against any of the following provisions
committed by a person before the
commencement—
(a) former section 198D in relation to a
provision mentioned in former section
198D(2), definition relevant integrity
provision, paragraph (a)(i) to (v);
(b) former section 177J(2);
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Local Government (Empowering Councils) and Other Legislation Amendment Bill 2025
Part 2 Amendment of City of Brisbane Act 2010
(c) former section 177P(5);
(d) former section 177V.
(2) Without limiting the Acts Interpretation Act 1954,
section 20, a proceeding for the offence may be
continued or started, and the person may be
convicted of and punished for the offence, as if
the amendment Act, sections 24 and 25 had not
commenced.
(3) Subsection (2) applies despite the Criminal Code,
section 11.
306 Continued application of s 153 for former
integrity offences
(1) This section applies if a person is convicted of an
offence against former section 177J(2) or 177V
before or after the commencement.
(2) The conviction is taken to be a conviction of an
integrity offence for section 153(1)(d).
307 Application of Local Government Act for
contravention of former COI provisions
(1) This section applies if—
(a) before the commencement, a person had
made a complaint to the assessor about the
conduct of a councillor; and
(b) the conduct related to a contravention of
former section 177H, 177I, 177MA, 177N,
177T or 177W (the former COI provisions);
and
(c) immediately before the commencement, the
complaint had not been resolved.
(2) The Local Government Act, chapter 5A, as it
applies under chapter 9, part 20, division 3,
subdivision 1 of that Act, applies in relation to the
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Part 2 Amendment of City of Brisbane Act 2010
councillor’s conduct as if—
(a) the former COI provisions had not been
repealed; and
(b) contravention of a former COI provision
continued to be misconduct within the
meaning of the Local Government Act,
section 150L.
(3) In this section—
resolved, in relation to a complaint about a
councillor’s conduct, means all proceedings or
actions that are required or permitted to be taken
under the Local Government Act, chapter 5A in
relation to the conduct are complete.
28 Amendment of sch 1 (Serious integrity offences and
integrity offences)
(1) Schedule 1, part 2, under heading ‘This Act’, entries for
sections 177J(2) and 177V—
omit.
(2) Schedule 1, part 2, under heading ‘This Act’—
insert—
29 Amendment of sch 2 (Dictionary)
(1) Schedule 2, definitions close associate, declarable conflict of
interest, eligible councillor, employment-related or upgraded
travel or accommodation and prescribed conflict of interest—
omit.
(2) Schedule 2—
insert—
associate, of a councillor, see section 177D.
177F(3) Councillor’s material personal interest at a meeting
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Clause 14
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Part 3 Amendment of City of Brisbane Regulation 2012
conflict of interest see section 177C.
material personal interest see section 177B.
(3) Schedule 2, definition related party, ‘section 177M’—
omit, insert—
section 177E
Part 3 Amendment of City of Brisbane
Regulation 2012
Division 1 Preliminary
30 Regulation amended
This part amends the City of Brisbane Regulation 2012.
Note—
See also the amendments in schedule 1, parts 1 and 2.
Division 2 Amendments commencing on
assent
31 Replacement of s 32 (Minimum requirements for
complaint process)
Section 32—
omit, insert—
32 Complaints management process
The complaints management process adopted by
the council under section 279 applies to a
competitive neutrality complaint in relation to the
business entity.
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Clause 9
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Authorised by the Parliamentary Counsel
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Local Government (Empowering Councils) and Other Legislation Amendment Bill 2025
Part 3 Amendment of City of Brisbane Regulation 2012
32 Amendment of s 33 (Making a complaint)
(1) Section 33(1), ‘or the competition authority’—
omit.
(2) Section 33(2)(b)(iii)—
omit.
(3) Section 33(3)—
omit, insert—
(3) Subsection (4) applies if—
(a) the council makes a decision about the
complaint; and
(b) the complainant tells the council that the
complainant is not satisfied with the
decision.
(3A) The council must give the following to the
competition authority as soon as practicable—
(a) the complaint;
(b) the council’s decision about the complaint
and the reasons for the decision;
(c) information obtained from any investigation
of the complaint.
(4) Section 33(3A) and (4)—
renumber as section 33(4) and (5).
33 Amendment of s 36 (Competition authority refusing to
investigate)
(1) Section 36(1)(a)—
omit.
(2) Section 36(1)(b) to (d)—
renumber as section 36(1)(a) to (c).
Clause 1
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Local Government (Empowering Councils) and Other Legislation Amendment Bill 2025
Part 3 Amendment of City of Brisbane Regulation 2012
34 Amendment of s 162 (Adoption and amendment of
budget)
(1) Section 162, before subsection (1)—
insert—
(1AA) The council must adopt its budget for a financial
year before—
(a) 1 August in the financial year; or
(b) a later day decided by the Minister.
(2) Section 162(1AA) to (3)—
renumber as section 162(1) to (4).
35 Amendment of s 178 (Councillors)
(1) Section 178(1)(d), (e) and (f)(vii)—
omit.
(2) Section 178(1)(i)—
omit.
36 Amendment of s 179 (Administrative action complaints)
(1) Section 179, heading, after ‘complaints’—
insert—
and competitive neutrality complaints
(2) Section 179(1)(a), after ‘complaints’—
insert—
and competitive neutrality complaints
(3) Section 179(2), after ‘must’—
insert—
, for each type of complaint mentioned in
subsection (1),
(4) Section 179(2)(a) and (b), ‘administrative action’—
Clause 1
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Authorised by the Parliamentary Counsel
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Part 3 Amendment of City of Brisbane Regulation 2012
omit.
37 Amendment of s 242J (Closed meetings)
Section 242J(3), after paragraph (a)—
insert—
(aa) the appointment of a senior contract
employee;
38 Insertion of new ch 10, pt 14
Chapter 10—
insert—
Part 14 Transitional provisions
for Local Government
(Empowering Councils)
and Other Legislation
Amendment Act 2025
315 Budget for 2025–2026 financial year
Section 162(1), as in force on the commencement,
does not apply in relation to the budget for the
2025–2026 financial year.
Division 3 Amendments commencing by
proclamation
39 Amendment of s 178 (Councillors)
(1) Section 178(1)(f)(iv) to (vi)—
omit.
(2) Section 178(1)(g), (h), (j) and (k)—
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Part 3 Amendment of City of Brisbane Regulation 2012
omit.
(3) Section 178(1)(f)—
renumber as section 178(1)(d).
40 Replacement of s 242AB (Ordinary business matters
relating to documents—Act, s 177C)
Section 242AB—
omit, insert—
242AB Matters in relation to which the Act, ch 6, pt
2, div 5A does not apply—Act, s 177A
For section 177A(1)(d) of the Act, the annual
operational plan adopted by the council under
section 166 is prescribed.
41 Amendment of s 242D (Public availability of agendas)
Section 242D(6), definition related report, from
‘meeting—’—
omit, insert—
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.
42 Amendment of s 242H (Recording of reasons for
particular decisions)
(1) Section 242H(2)—
omit.
(2) Section 242H(3) and (4)—
renumber as section 242H(2) and (3).
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Local Government (Empowering Councils) and Other Legislation Amendment Bill 2025
Part 3 Amendment of City of Brisbane Regulation 2012
43 Amendment of s 242J (Closed meetings)
(1) Section 242J(3)(j)—
omit.
(2) Section 242J(3)(aa) to (i)—
renumber as section 242J(3)(b) to (j).
(3) Section 242J(4)—
omit.
(4) Section 242J(5) and (6)—
renumber as section 242J(4) and (5).
44 Insertion of new s 316
After section 315, as inserted by this Act—
insert—
316 Investigation reports and council meetings
(1) This section applies if, under the Local
Government Act, section 366, an investigation
report about the conduct of a councillor is
prepared and given to the council.
(2) Former sections 242D, 242H and 242J continue to
apply in relation to the investigation report despite
the enactment of the Local Government
(Empowering Councils) and Other Legislation
Amendment Act 2025.
(3) In this section—
former, in relation to a provision of this
regulation, means the provision as in force
immediately before the commencement.
45 Amendment of sch 3 (Financial and non-financial
particulars for registers of interests)
(1) Schedule 3, section 1, definition conflict of interest—
Clause 1
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Clause 10
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Authorised by the Parliamentary Counsel
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Part 3 Amendment of City of Brisbane Regulation 2012
omit.
(2) Schedule 3, section 1, definition reporting term, paragraph
(a), from ‘relevant’—
omit, insert—
councillor’s term of office; or
(3) Schedule 3, section 13(2)—
omit.
46 Replacement of sch 3A (Content of extracts of registers
of interests of councillors)
Schedule 3A—
omit, insert—
Schedule 3A Content of extracts of
registers of interests of
councillors
section 273(3)
Column 1 Column 2
Interest Period
a gift mentioned in schedule 3,
section 12(1)(a)
the financial year in which the gift is
received
gifts mentioned in schedule 3,
section 12(1)(b)
the financial year in which the gifts
first total $500 or more
a sponsored travel or
accommodation benefit mentioned
in schedule 3, section 13
the financial year in which the
sponsored travel or accommodation
benefit is received
a donation mentioned in schedule 3,
section 14B(1)(a)
the financial year in which the
donation is made
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