2018-08-07 S&O Agenda - Att 1 to Item 7 - Public Interest Test Report

Schedule 6 - Public Interest Test Plan




                                 PUBLIC INTEREST TEST PLAN
    ADMINISTRATION AND OTHER LOCAL LAWS (AMENDMENT) LOCAL LAW
     (NO. 1) 2018 AND ADMINISTRATION AND OTHER SUBORDINATE LOCAL
         LAWS (AMENDMENT) SUBORDINATE LOCAL LAW (NO. 1) 2018


INTRODUCTION

As part of the National Competition Policy reforms, Council is conducting a public interest test on
possible anti-competitive provisions identified in Administration and Other Local Laws (Amendment)
Local Law (No. 1) 2018 and Administration and Other Subordinate Local Laws (Amendment)
Subordinate Local Law (No. 1) 2018. The public interest test will be conducted against the principles
and objectives set by the Competition Principles Agreement (CPA).

Under clause 5(1) of the CPA, all governments agreed to the principle that legislation should not
restrict competition unless it can be demonstrated that:

       the benefits of the restriction to the community as a whole outweigh the costs; and
       the objectives of the legislation can only be achieved by restricting competition.
In reviewing legislation that restricts competition, clause 5(9) of the CPA requires that the review
should:

       clarify the objectives of the legislation;
       identify the nature of the restriction on competition;
       analyse the likely effect of the restriction on competition and on the economy generally;
       assess and balance the costs and benefits of the restriction; and
       consider alternative means of achieving the same result including non-legislative approaches.
Without limiting the matters to be taken into account in a review Clause 1(3) of the CPA sets out
matters which should be taken into account, as follows:

       government legislation and policies relating to ecologically sustainable development;
       social welfare and equity considerations, including community service obligations;
       government legislation and policies relating to matters such as occupational health and
        safety, industrial relations and access and equity;
       economic and regional development, including employment and investment growth;
       the interests of consumers generally or of a class of consumers;
       the competitiveness of Australian businesses; and
       the efficient allocation of resources.
This public interest test plan has been prepared in accordance with guidelines issued by the
Queensland Department of Local Government and called up by regulation under the Local
Government Act 2009 to provide a basis for community consultation. The plan details activities to be
conducted during the test and identifies the depth of analysis to be carried out on the possible anti-
competitive provisions.

PURPOSE OF THE LOCAL LAW AND THE SUBORDINATE LOCAL LAW

The purpose of the proposed local law and the proposed subordinate local law identified in Schedule
1 are specified in the local law and subordinate local law copies of which are available for inspection
with this public interest test plan.