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
                         3)     local laws intended as legitimate measures to combat the spread of
                                pests and disease
                        4)      local laws to ensure accepted public health and safety standards are
                                met
                         5)     repealing local laws
                 Examples of excluded local laws include:
                         -      A local law that prohibits the bringing of dogs into a public mall to protect
                                the health and safety of customers is exempt from a review of the anti-
                                competitive provisions that may be creating barriers to any businesses
                                that rely on dogs being brought into the mall
                         -      A local law requiring an administrative approval to reserve a community
                                hall for a wedding is exempt from a review of the anti-competitive
                                provisions that may be creating barriers to commercial wedding
                                planners from using the hall.

                 Step 3. Conduct preliminary assessment
                 If an anti-competitive provision has been identified and not excluded (under steps 1
                 and 2 above), the local government must undertake an assessment of the anti-
                 competitive provisions to determine whether significant impacts will exist if the
                 provisions are adopted.
                 In determining whether significant impacts will exist, the local government must
                 consider the following factors:
                         1)     the probability of impacts occurring
                         2)     the size and characteristics of the affected businesses
                         3)     the intensity of the potential impact on affected businesses
                        4)      whether particular businesses will incur a disproportionate impact
                         5)     the duration of the impact (for example ongoing or “one-off’)
                         Examples of potential significant impacts include:
                            -   Where a local law will impact on a relatively significant number of
                                businesses
                            -   Where a local law will impose significant restrictions on business
                                operating in the local government’s area
                            -   Where businesses will be required to pay a substantial yearly license
                                fee to operate
                            -   Where one type of business will be regulated to a lesser degree than
                                other businesses providing the same or similar products.

                 National Competition Policy - Guidelines for conducting reviews on anti-           -5-
                 competitive provisions in local laws

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