2015-04-28 Planning and Organisation Committee Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA    28 APRIL 2015




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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                                                     28 APRIL 2015

                  4.  Requiring the operators of businesses to hold particular qualifications.
              An assessment of the proposed local laws and subordinate local laws reveals that there are
              a number of provisions in the proposed laws, which in accordance with the definition
               provided by the guideline; create barriers to businesses entering the market.
              An enquiry with Kent Wain, the Principal Advisor, Southern Region for the Department has
              confirmed that the Model Local Laws have anti-competitive provisions within them and that
              anything that regulates business is essentially captured.
              The provisions in the proposed local laws and subordinate local laws identified as creating
               barriers to entry to the market are outlined in the assessment table commencing at page 5
               (below).
              2.  Determination of exclusion

              The guideline provides that in some cases a local law that is considered necessary may
               have some unintended impacts on business that inadvertently create barriers to entering the
               market or restricts competition.
              The guideline provides that the following types of local laws are excluded from the review of
              anti-competitive provisions:
                  1.  Local laws regulating the behaviour of individuals.
                  2.  Local  laws dealing solely with    internal administrative procedures of a local
                      government.
                  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 provisions excluded from review provided by the guideline are outlined below:
                  1. 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
                      despite the fact that it may be creating barriers to any businesses that rely on dogs
                      being brought into the mall.
                  2. 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.
              3. Conduct a preliminary assessment
               If an anti-competitive provision has been identified and not excluded (as outlined under step
              2 above), the local government must undertake an assessment of the relevant provisions to
              determine whether significant impacts will exist if the provisions are adopted.
              The guideline provides that in determining whether significant impacts exist, the local
              government must consider the following factors:
                  1.  The probability of impacts occurring.
                  2.  The size and characteristics of the affected businesses.

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