2015-04-28 Planning and Organisation Committee Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA    28 APRIL 2015




                                                   Page 209 of 211

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                                                        28 APRIL 2015

                    Appendix
                    Relevant legislative definitions
                    For Brisbane City Council
                    Section 41 of the City of Brisbane Act 2010 provides:
                           41     Anti-competitive provisions
                                  (1)    The council must not make a local law that contains an anti-
                                         competitive provision unless the council has complied with the
                                         procedures prescribed under a regulation for the review of anti-
                                         competitive provisions.
                                  (2)    A local law, to the extent that it is contrary to this section, has
                                         no effect.
                                  (3)    This section does not apply to an interim local law.
                   Section 12 of the City of Brisbane Regulation 2012 provides:
                           12     Anti-competitive provisions and review procedures
                                  (1)    For the Act, schedule, definition anti-competitive provision, a
                                         provision is identified as creating a barrier to entry to a market
                                         or competition within a market if a local government, applying
                                         the competition policy guidelines, identifies the provision as
                                         creating a barrier of the relevant type.
                                  (2)    For section 41(1) of the Act, the prescribed procedures are the
                                         procedures under the competition policy guidelines.
                                  (3)    The competition policy guidelines is the document called
                                         ‘National Competition Policy Guidelines for conducting reviews
                                         of anti-competitive provisions in local laws’, version 1, made by
                                         the department.
                   For ail other local governments
                   Section 38 of the Local Government Act 2009 provides
                          38     Anti-competitive provisions
                                 (1)     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 a regulation for
                                         the review of anti-competitive provisions.
                                 (2)     A local law, to the extent that it is contrary to this section, has
                                         no effect.
                                 (3)     This section does not apply to an interim local law.
                   Section 15 of the Local Government Regulation 2012 provides
                          15     Anti-competitive provisions and review procedures
                                 (1)     For the Act, schedule 4, definition anti-competitive provision, a
                                         provision is identified as creating a barrier to entry to a market
                                        or competition within a market if a local government, applying

                                                                                                    10

                                                                                                       Page 209 of 211