2015-04-28 Planning and Organisation Committee Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA    28 APRIL 2015


                                                   Attachment 5




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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                                                   28 APRIL 2015

                                                                                                   Attachment 5
               Local Law Anti-Competitive Assessment                                                      oO

              Background Information
              In April 1995, all Australian governments committed to the National Competition Policy to
              establish a national approach to achieve greater economic efficiency and to improve the
              overall competitiveness of the Australian economy.
              A key aspect of the National Competition Policy was a commitment that all governments,
              including local governments, would not make laws that restricted competition unless it could
              be demonstrated that:
                  1. The benefits of the restriction to the community as a whole outweighed the costs, and
                  2. The objectives of the law could only be achieved by restricting competition.
              It is a requirement of the Queensland government that local governments review anti-
              competitive provisions in any proposed local law before they become adopted. ' The
              purpose of this document is to provide Noosa Council with a detailed assessment of the anti-
              competitive provisions contained in the proposed local and subordinate local laws.
              Anti-competitive provisions
              Pursuant to section 38 of the Local Government Act 2009 (LGA), 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 the Local Government Regulation 2012
              (LGR) for the review of anti-competitive provisions. A local law, which is made contrary to
              this section, has no effect.
              Schedule 4 of the LGA defines an anti-competitive provision as a provision that a regulation
              identifies as creating barriers to:
                  1. Entry to a market; or
                  2. Competition within a market.
              Section 15 of the LGR, provides that a provision is identified as creating a barrier to entry to
              a market if a local government, applying the ‘National Competition Policy — Guidelines for
              conducting reviews on anti-competitive provisions in local laws’ (the guideline) provided by
              the  Department    of Local   Government,   Community    Recovery   and   Resilience  (the
              Department), identifies the provision as creating one of those barriers.

              The assessment process
              The assessment processed prescribed by the guideline is outlined on the following page.

              * National Competition Policy — Guidelines for conducting reviews on anti-competitive provisions in local laws,
              Department of Local Government, Community Recovery and Resilience.
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