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

a aN OF IntrSErUCHURG, LOCat Goverment and Planning

                 Appendix

                 Relevant legislative definitions

                 For Brisbane City Council

                 Section 41 of the City of Brisbane Act 2010 provides:
                        41     Anti-competitive provisions
                               (1)     The council must not make a local law that contains an anti-
                                       competitive provision unless the council has complied with the
                                       procedures prescribed under a regulation for the review of anti-
                                       competitive provisions.
                               (2)     A local law, to the extent that it is contrary to this section, has no
                                       effect.
                               (3)     This section does not apply to an interim local law.
                 Section 12 of the City of Brisbane Regulation 2012 provides:
                        12     Anti-competitive provisions and review procedures
                               (1)     For the Act, schedule, definition anti-competitive provision, a
                                       provision is identified as creating a barrier to entry to a market or
                                       competition within a market if a local government, applying the
                                       competition policy guidelines, identifies the provision as creating
                                       a barrier of the relevant type.
                               (2)     For section 41(1) of the Act, the prescribed procedures are the
                                       procedures under the competition policy guidelines.
                               (3)     The competition policy guidelines is the document called
                                       ‘National Competition Policy Guidelines for conducting reviews of
                                       anti-competitive provisions in local laws’, version 1, made by the
                                       department.

                 For all other local governments

                 Section 38 of the Local Government Act 2009 provides
                        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.
                               (2)     A local law, to the extent that it is contrary to this section, has no
                                       effect.
                               (3)     This section does not apply to an interim local law.

                 National Competition Policy - Guidelines for conducting reviews on anti-         -9-
                 competitive provisions in local laws

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