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2017-11-07 Services & Organisation Committee Agenda

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SERVICES & ORGANISATION COMMITTEE MEETING AGENDA   7 NOVEMBER 2017




                                                      Page 53 of 135

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                                              7 NOVEMBER 2017

                                                                  Department of Infrastructure, Local Government and Planning
                 3.      Review process
                 The process for undertaking a review of anti-competitive provisions in a local law is set
                 out below. The following process must be undertaken when making local laws,
                 subordinate local laws and model local laws.

                         1. Identify any possible anti-competitive provisions in proposed
                                                    local law

                            2. Determine whether the proposed local law satisfies the
                                            principles for exclusions

                         3. Conduct a preliminary review of the possible anti-competitive
                        provisions to determine whether there are any significant impacts

                           4. If no significant                 4. If significant impacts:
                                impacts:
                                     luti                           Review the anti-
                        ~   Pass resolution                      competitive provisions
                            making local law
                        -  atthe same time
                            note/record that the
                            law contains anti-                   If review recommends
                           competitive                              retention of anti-
                            provisions                           competitive provisions
                                                                -  pass resolution
                                                                   making local law
                                                                -  atthe same time
                                                                   note/record that the
                                                                   law contains anti-
                                                                   competitive
                                                                   provisions

                 The steps in the process are detailed below.

                 National Competition Policy - Guidelines for conducting reviews on anti-          -3-
                 competitive provisions in local laws

                                                                                                    Page 53 of 135
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