2017-11-07 Services & Organisation Committee Agenda

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                               7 NOVEMBER 2017


9    LOCAL LAW DELEGATION

Author            Governance Advisor, Paul Bright
                  Executive Services

Index             ECM/Local Laws

Attachments       1.   Public Interest Testing Schedule
                  2.   National Competition Policy Guidelines

EXECUTIVE SUMMARY
Not applicable.

RECOMMENDATION
That Council note the report by the Governance Advisor to the Services & Organisation
Committee Meeting dated 7 November 2017 and adopt, pursuant to section 257 of the Local
Government Act 2009 (the Act), to delegate to the Chief Executive Officer of Council, its powers
under section 38 of the Act and section 15 of the Local Government Regulation 2012 (the
Regulation) to decide:
A.   How the public interest test of the local laws particularised in the schedule provided at
     Attachment 1 is to be conducted; and
B.   The matters that the public interest test report in relation to the local laws particularised in
     the schedule must address; and
C.   The Consultation process for the public interest test and how that process is to be
     conducted.


REPORT
1.   Proposal to delegate power
Section 257 of the Act provides that a local government, may by resolution, delegate a power
under the Act to the Chief Executive Officer.
The purpose of this report is to delegate the following powers from Council to the Chief Executive
Office pursuant to section 257 of the Act in order to facilitate the local law making process:
     Local Government Act 2009
     38 Anti-competitive provisions
     (1)   A local government must not make a local law that contains an anti-competitive
           provision unless the local government has complied with the procedures prescribed
           under a regulation for the review of anti-competitive provisions.

     Local Government Regulation 2012
     15 Anti-competitive provisions and review procedures
     (1)   For the Act, schedule 4, definition of anti-competitive provision, a provision is
           identified as creating a barrier to entry to the market or competition within a market if
           a local government, applying the competition policy guidelines, identifies the provision
           as creating one of those barriers.
     (2)   For section 38(1) of the Act, the procedures prescribed are the procedures mentioned
           in the competition policy guidelines.

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