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
                 4.      Conduct of reviews

                 The purpose of the review of the anti-competitive provisions is to demonstrate that:
                     -   the benefits of the restriction to the community as a whole outweigh the costs,
                         and
                     -   the objectives of the law could only be achieved by restricting competition.
                 The review process must comply with the following principles:
                         1)     Meaningful consultation with relevant businesses about the anti-
                                competitive provisions
                         2)     Examination of the reasonable alternatives to the anti-competitive
                                provisions
                         3)     A cost benefit analysis that involves calculating the value of the impacts,
                                both positive and negative, of the anti-competitive provisions including:
                               (i)     the local governments costs in implementing and enforcing the
                                       provisions
                               (ii)    the costs of compliance for business
                               (iii)   comparison of the total costs for each of the reasonable
                                       alternatives
                                (iv)   the benefits to the community from the anti-competitive
                                       provisions
                        4)      Determining whether on balance, the anti-competitive provisions should
                                be retained in the proposed local law in the overall public interest.
                 The Department of Treasury and Trade has developed guidelines for conducting public
                 benefit tests for legislation. Local Governments may have regard to these guidelines
                 as a reference in conducting reviews. These guidelines can be accessed at
                 http://www. treasury.qid.gov.au/office/knowledge/docs/ncp
                 Should the review find that the anticompetitive provisions should be retained,
                 notification must occur, as outlined below.

                 National Competition Policy - Guidelines for conducting reviews on anti-           -7-
                 competitive provisions in local laws

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