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

                    Significant Impacts are identified
                    Where a local government determines there are significant impacts from the anti-
                    competitive provisions, the local government is required to review the anti-
                    competitive provisions in line with the principles outlined below.

                    4.     Conduct of reviews
                    The purpose of the review of the anti-competitive provisions is to demonstrate that:
                           -  the benefits of the restriction to the community as a whole outweigh the
                              costs, and
                           - _ the objectives of the law could only be achieved by restricting competition.
                   The review process must comply with the following principles:
                           1)  Meaningful consultation with relevant businesses about the anti-
                               competitive provisions
                           2)  Examination of the reasonable alternatives to the anti-competitive
                               provisions
                           3)  Acost benefit analysis that involves calculating the value of the impacts,
                               both positive and negative, of the anti-competitive provisions including:
                                      i. the local governments costs in implementing and enforcing the
                                         provisions
                                      ii. the costs of compliance for business
                                     iii. Comparison of the total costs for each of the reasonable
                                         alternatives
                                     iv. the benefits to the community from the anti-competitive
                                         provisions
                           4)  Determining whether on balance, the anti-competitive provisions should
                               be retained in the proposed local law in the overall public interest.
                   The Department of Treasury and Trade has developed guidelines for conducting
                   public benefit tests for legislation. Local governments may have regard to these
                   guidelines as a reference in conducting reviews. These guidelines can be accessed
                   at htto://www.treasury.qid.qov.au/office/knowledge/docs/nep.
                   Should the review find that the anti-competitive provisions should be retained,
                   notification must occur, as outlined below.

                   5.      Notification of anti-competitive
                   provisions
                   If the local government passes a resolution under section 29(2) of the Local
                   Government Act 2009 or section 30(2) of the City of Brisbane Act 2010 to make a
                   local law that contains anti-competitive provisions that are not excluded under the
                   guidelines, then the local government must note in the minutes of the meetings that
                   the law contains anti-competitive provisions in addition to the other requiremenis in
                   the Acts.

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