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

                    Step 1. Identification of anti-competitive provisions
                   As defined in the City of Brisbane Act 2010 and the Local Government Act 2009,
                    there are two types of anti-competitive provisions, those which:
                           1) create barriers to entering the market, or
                           2) restrict competition in the market.
                    Barriers to entering the market
                   This type of anti-competitive provision in a local law involves either prohibiting
                   particular business activities or placing obligations on the operators of business
                   activities.
                   Examples of this type of anti-competitive provision include:
                          -   requiring businesses to obtain an approval from the local government
                              before operating
                          -   placing restrictions on the conduct of the business such as hours of
                              operation, where the business may operate, or the types of goods and
                              services that can be sold
                          -   requiring businesses to comply with standards of operation
                          -   requiring the operators of businesses to hold particular qualifications.
                   Restricting competition in the market
                   This type of anti-competitive provision in a local law involves giving some benefit or
                   imposing some hindrance on particular business operators.
                   Examples of this type of anti-competitive provision include:
                          -   prohibiting itinerate vendors from setting up within a specified distance
                              from existing businesses
                          -   requiring business operators to reside locally
                          - _ limiting the number of licenses issued by the local government
                          -   excluding local government businesses from the operation of the local
                              law.

                   Step 2. Determination of exclusions
                   In some cases, a local law that is considered necessary has some unintended
                   impacts on businesses that inadvertently create barriers to entering the market or
                   restrict competition. Depending on the nature of the local law, in some cases, the
                   local government may not be required to conduct a review of any anti-competitive
                   provisions.
                   The particular types of local laws excluded from the review of anti-competitive
                   provisions are:
                          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.

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