2017-11-07 Services & Organisation Committee Agenda

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA   7 NOVEMBER 2017




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SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                                              7 NOVEMBER 2017

                                                                  Department of Infrastructure, Local Government and Planning
                 Step 1. Identification of anti-competitive
                 provisions
                 As defined in the City of Brisbane Act 2010 and the Local Government Act 2009, there
                 are two types of anti-competitive provisions, those which:
                        1)      create barriers to entering the market, or
                        2)      restrict competition in the market.

                 Barriers to entering the market
                        This type of anti-competitive provision in a local law involves either prohibiting
                        particular business activities or placing obligations on the operators of
                        business activities.

                        Examples of this type of anti-competitive provision include:
                            -   requiring businesses to obtain an approval from the local government
                                before operating
                            -   placing restrictions on the conduct of the business such as hours of
                                operation, where the business may operate, or the types of goods and
                                services that can be sold
                            -   requiring businesses to comply with standards of operation
                            -   requiring the operators of businesses to hold particular qualifications.

                 Restricting competition in the market
                        This type of anti-competitive provision in a local law involves giving some
                        benefit or imposing some hindrance on particular business operators.
                        Examples of this type of anti-competitive provision include:
                            -   prohibiting itinerate vendors from setting up within a specified distance
                                from existing businesses
                            -   requiring business operators to reside locally
                            -   limiting the number of licenses issued by the local government
                            -   excluding local government businesses from the operation of the local
                                law.

                 Step 2. Determination of exclusions
                 In some cases, a local law that is considered necessary has some unintended impacts
                 on businesses that inadvertently create barriers to entering the market or restrict
                 competition. Depending on the nature of the local law, in some cases, the local
                 government may not be required to conduct a review of any anti-competitive
                 provisions.
                 The particular types of local laws excluded from the review of anti-competitive
                 provisions are:
                        1)      local laws regulating the behaviour of individuals
                        2)      local laws dealing solely with internal administrative procedures of a
                                local government
                 National Competition Policy - Guidelines for conducting reviews on anti-          -4-
                 competitive provisions in local laws

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