2018-04-10 Services & Organisation Committee Agenda

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                                   10 APRIL 2018


4.   Anti-competitive provisions

The proposed local laws contain likely anti-competitive provisions, which are outlined in
Attachment 4. Council is obligated to consider these anti-competitive provisions during the local
law making process in relation to the public interest. For example, it needs to be formally
identified whether there are advantages in the public interest that on balance, outweigh the anti-
competitive elements of the proposed provisions. The outcome of this review will be presented to
Council following the public consultation process.

5.   Referral to State Entities

Council is obligated to refer the proposed local law to any State entities that may have an interest
in the proposed local law and invite comments. King and Co have recommended that Council
refer the proposed local law as widely as possible to State Agencies in order to prevent potential
future claims that Council failed to make the proposed local law in accordance with the approved
process.

6.   Public consultation

After referral to relevant State entities, the proposed local laws will be referred for public
consultation for at least 21 days inviting written submissions in support of or objecting to the
proposed local laws. At the same time, the anti-competitive provisions identified will be
considered in accordance with the prescribed review procedure.

7.   Review of public consultation

Public submissions will be reviewed by staff and reported to Council with comments for
consideration by Council. Council will then either make the proposed local laws, or amend the
proposed local laws. If the proposed local laws require significant amendments following the
review of public consultation or anticompetitive assessment, the updated proposed local laws
may need to be referred back to the public for further consultation.


Previous Council Consideration
Ordinary Meeting, 19 October 2017, Item 4, Page 12
That Council note the report by the Governance Advisor to the Services & Organisation
Committee Meeting dated 10 October 2017 and:
A.   Repeal Council’s current Local Law Making Process and adopt the updated Local Law
     Making Process (as provided at Attachment 1);
B.   Propose to make the proposed Administration and Other Local Laws (Amendment) Local
     Law (No. 1) 2017 (as provided at Attachment 2);
C.   Propose to make the proposed Administration and Other Subordinate Local Laws
     (Amendment) Subordinate Local Law (No. 1) 2017 (as provided at Attachment 3); with the
     following further amendments:
     i.    For Subordinate Local Law No. 1 (Administration) 2015 Sch 10 (Installation of
           advertising devices) include ‘For Lease’ signs within clause (d) and amend the
           proposed clause (d)(v) to provide that all signs that relate to the sale/lease of a
           property including sold/leased signs may only be displayed for 7 days following the
           sale settlement or the signing of the lease;




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