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Queensland
Local Government and Other
Legislation Amendment Bill
2005
Queensland
Local Government and Other Legislation
Amendment Bill 2005
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 2 Amendment of City of Brisbane Act 1924
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Replacement of pt 2, div 12, hdg (Contracts and tendering) . . . . 6
Division 12 Contracts and related activities
Subdivision 1 Preliminary
39E Principles governing the making of contracts . . . . . . . 7
39F What are procurement activities of the council. . . . . . 7
39G What are designated disposal activities of the
council ............................. 7
5 Replacement of ss 42 to 46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Subdivision 2 Requirements relating to procurement
activities
42 Annual procurement plans . . . . . . . . . . . . . . . . . . . . . 8
43 Amendment of procurement plan . . . . . . . . . . . . . . . . 9
44 Inspection of procurement plan . . . . . . . . . . . . . . . . . 9
45 Significant procurement activity plans . . . . . . . . . . . . 10
46 Procurement manual . . . . . . . . . . . . . . . . . . . . . . . . . 10
Subdivision 3 Requirements relating to designated disposal
activities
46A Annual asset disposal plan. . . . . . . . . . . . . . . . . . . . . 10
46B Requirements for asset disposal plan . . . . . . . . . . . . 11
46C Amendment of asset disposal plan . . . . . . . . . . . . . . 11
46D Inspection of asset disposal plan . . . . . . . . . . . . . . . . 11
46E Plans for significant designated disposal activities. . . 12
2
Local Government and Other Legislation Amendment
Bill 2005
46F Asset disposal manual . . . . . . . . . . . . . . . . . . . . . . . . 12
Subdivision 4 Requirements for disposal of particular land
46G Meaning of land for sdiv 4 . . . . . . . . . . . . . . . . . . . . . 13
46H General requirement for auction or tenders . . . . . . . . 13
46I Exemptions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
46J Changes to tenders . . . . . . . . . . . . . . . . . . . . . . . . . . 14
46K Acceptance of tender . . . . . . . . . . . . . . . . . . . . . . . . . 15
6 Amendment of s 119 (Annual report) . . . . . . . . . . . . . . . . . . . . . . 15
7 Replacement of pt 6, hdg (Transitional provision) . . . . . . . . . . . . 15
8 Insertion of new pt 6, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 2 Transitional provisions for Local Government
and Other Legislation Amendment Act 2005
137A Adoption of procurement and asset disposal plans
for 2006-2007 financial year . . . . . . . . . . . . . . . . . . . . 16
137B Transitional provisions for old contracting provisions . 16
9 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 17
Part 3 Amendment of Liquor Act 1992
10 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
11 Insertion of new s 112B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
112B Variation of condition about noise--licensed
premises in special entertainment precinct . . . . . . . . 18
12 Amendment of s 187 (Abatement of nuisance or dangerous
activity) ....................................... 19
Part 4 Amendment of Local Government Act 1993
13 Act amended in pt 4 and schedule . . . . . . . . . . . . . . . . . . . . . . . . 19
14 Replacement of ch 6, pt 3 hdg (Contracts and tendering) . . . . . . 19
15 Amendment of s 481 (Principles governing the making of
contracts) ...................................... 20
16 Insertion of new ss 481A and 481B . . . . . . . . . . . . . . . . . . . . . . . 20
481A What are procurement activities of a local
government .......................... 20
481B What are designated disposal activities of a local
government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
17 Replacement of ch 6, pt 3, div 2, hdg (Purchasing) . . . . . . . . . . . 21
Division 2 Strategic contracting model
Subdivision 1 Preliminary
483A Purpose of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Subdivision 2 Choice of strategic contracting model
3
Local Government and Other Legislation Amendment
Bill 2005
483B Power to choose strategic contracting model . . . . . . . 21
483C Effect of choice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Subdivision 3 Requirements relating to procurement
activities
483D Annual procurement plans . . . . . . . . . . . . . . . . . . . . . 23
483E Amendment of procurement plan . . . . . . . . . . . . . . . . 24
483F Inspection of procurement plan . . . . . . . . . . . . . . . . . 24
483G Significant procurement activity plans . . . . . . . . . . . . 24
483H Procurement manual . . . . . . . . . . . . . . . . . . . . . . . . . 25
Subdivision 4 Requirements relating to designated disposal
activities
483I Annual asset disposal plan. . . . . . . . . . . . . . . . . . . . . 25
483J Requirements for asset disposal plan . . . . . . . . . . . . 25
483K Amendment of asset disposal plan . . . . . . . . . . . . . . 26
483L Inspection of asset disposal plan . . . . . . . . . . . . . . . . 26
483M Plans for significant designated disposal activities. . . 26
483N Asset disposal manual . . . . . . . . . . . . . . . . . . . . . . . . 27
Subdivision 5 Requirements for disposal of particular land
483O Procedural contracting model generally applies for
disposal of land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Division 3 Procedural contracting model
Subdivision 1 Preliminary
483P Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Subdivision 2 Purchasing'.
18 Amendment of s 484 (When tenders are required) . . . . . . . . . . . 28
19 Amendment of s 485 (When quotations are required) . . . . . . . . . 29
20 Amendment of s 486 (Exceptions to the requirement to seek
tenders or quotations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
21 Amendment of s 487 (Panel of suitable providers). . . . . . . . . . . . 30
22 Amendment of s 488 (Changes to tenders) . . . . . . . . . . . . . . . . . 30
23 Amendment of s 489 (Short listing after calling for expressions
of interest) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
24 Amendment of s 490 (Acceptance of tender or quotation). . . . . . 31
25 Replacement of ch 6, pt 3, div 3, hdg (Disposal of land or goods) 31
26 Amendment of s 491 (When tenders or auctions are required) . . 31
27 Amendment of s 492 (Exemptions) . . . . . . . . . . . . . . . . . . . . . . . 32
28 Insertion of new ch 6, pt 3, div 3, sdiv 4 . . . . . . . . . . . . . . . . . . . . 33
Subdivision 4 Required manuals
4
Local Government and Other Legislation Amendment
Bill 2005
492A Required procurement and asset disposal manuals . 34
29 Amendment of s 502 (Issue of standards) . . . . . . . . . . . . . . . . . . 35
30 Insertion of new ch 13, pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
956G Establishment of special entertainment precinct . . . . 35
31 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 36
Part 5 Amendment of Local Government (Community Government
Areas) Act 2004
32 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
33 Amendment of s 11 (Provisions of Local Government Act 1993
that apply). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Schedule Minor amendments of Local Government Act 1993 . . . . . . . . 39
2005
A Bill
for
An Act to amend local government legislation, and for other
purposes
s1 6 s4
Local Government and Other Legislation Amendment
Bill 2005
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Local Government and Other 4
Legislation Amendment Act 2005. 5
Clause 2 Commencement 6
The following provisions commence on 1 July 2006-- 7
· sections 4 and 5; 8
· section 8 to the extent it inserts the City of Brisbane Act 9
1924, section 137B. 10
Part 2 Amendment of City of Brisbane 11
Act 1924 12
Clause 3 Act amended in pt 2 13
This part amends the City of Brisbane Act 1924. 14
Clause 4 Replacement of pt 2, div 12, hdg (Contracts and 15
tendering) 16
Part 2, division 12, heading-- 17
omit, insert-- 18
s4 7 s4
Local Government and Other Legislation Amendment
Bill 2005
`Division 12 Contracts and related activities 1
`Subdivision 1 Preliminary 2
`39E Principles governing the making of contracts 3
`(1) In entering into contracts for the carrying out of work, the 4
supply of goods or services or the disposal of assets, the 5
council must have regard to the following principles-- 6
(a) open and effective competition; 7
(b) value for money; 8
(c) encouragement of the development of competitive local 9
business and industry; 10
(d) environmental protection; 11
(e) ethical behaviour and fair dealing. 12
`(2) For contracts for the carrying out of work, or the supply of 13
goods or services, the principles are the procurement 14
principles. 15
`(3) A regulation may make a provision about the application of 16
the procurement principles. 17
`39F What are procurement activities of the council 18
`The procurement activities of the council are its activities 19
that are, or relate to, the making of contracts for the carrying 20
out of work, or the supply of goods or services. 21
`39G What are designated disposal activities of the 22
council 23
`(1) The designated disposal activities of the council are its 24
activities that are, or relate to, the disposal of its relevant 25
non-current assets, other than land. 26
s5 8 s5
Local Government and Other Legislation Amendment
Bill 2005
`(2) For subsection (1), a relevant non-current asset of the 1
council is a non-current asset the value of which is equal to or 2
above the value set under subsection (3). 3
`(3) The council must act under the finance standards, as if it were 4
a local government, to set an amount below which the value of 5
a non-current asset must be treated as an expense.1 6
`(4) In this section-- 7
finance standards means the Local Government Finance 8
Standards under the Local Government Act 1993.'. 9
Clause 5 Replacement of ss 42 to 46 10
Sections 42 to 46-- 11
omit, insert-- 12
`Subdivision 2 Requirements relating to 13
procurement activities 14
`42 Annual procurement plans 15
`(1) The council must adopt, by resolution, a procurement plan for 16
each of its financial years. 17
`(2) The resolution must be passed before the adoption of the 18
council's budget for the financial year to which the 19
procurement plan relates. 20
`(3) If the council has made a corporate plan, the procurement plan 21
must be consistent with, and support, the achievement of the 22
strategic directions stated in the corporate plan. 23
`(4) The procurement plan must state-- 24
(a) the types of procurement activities proposed for the 25
financial year; and 26
(b) how the procurement principles are to be applied for the 27
activities; and 28
1 See the finance standards, sections 42 (Register of non-current assets) and 43
(Setting amount for treating non-current asset as an expense).
s5 9 s5
Local Government and Other Legislation Amendment
Bill 2005
(c) how the application of the principles will be measured; 1
and 2
(d) a policy about proposed delegations for the activities; 3
and 4
(e) a policy about the making of the council's significant 5
procurement activity plans;2 and 6
(f) a market assessment for each of the activity types; and 7
(g) any of the activities (a significant procurement activity) 8
that the council considers will be significant. 9
`(5) In considering whether any of the activities are a significant 10
procurement activity, the council must have regard to the 11
market assessment. 12
`(6) The market assessment must consist of a profile of the relative 13
expenditure and difficulty in securing supply of the activity 14
type assessed. 15
`43 Amendment of procurement plan 16
`The council may, by resolution, amend its procurement plan 17
at any time before the end of the financial year to which it 18
relates. 19
`44 Inspection of procurement plan 20
`The council must-- 21
(a) keep its procurement plan open to inspection; and 22
(b) make copies available for purchase at its public office at 23
a price not more than the cost to it of producing the copy 24
and, if a copy is supplied to a purchaser by post, the cost 25
of the postage. 26
2 See section 45 (Significant procurement activity plans).
s5 10 s5
Local Government and Other Legislation Amendment
Bill 2005
`45 Significant procurement activity plans 1
`(1) If the council's procurement plan states any significant 2
procurement activities, the council must make a plan (a 3
significant procurement activity plan) for each of the 4
activities before it starts. 5
`(2) A significant procurement activity plan must state-- 6
(a) its objectives, and how they will be achieved; and 7
(b) any alternative ways of achieving the objectives, and 8
why the alternative ways were not adopted; and 9
(c) a risk analysis of the market from which the relevant 10
goods or services are to be procured. 11
`(3) The objectives must be consistent with the council's 12
procurement plan. 13
`(4) The council may amend a significant procurement activity 14
plan at any time before the end of the financial year to which 15
it relates. 16
`46 Procurement manual 17
`(1) The council must prepare a manual of procedures for how it 18
carries out its procurement activities. 19
`(2) The manual must-- 20
(a) apply the procurement principles; and 21
(b) be consistent with the council's procurement plan. 22
`Subdivision 3 Requirements relating to 23
designated disposal activities 24
`46A Annual asset disposal plan 25
`(1) The council must adopt, by resolution, an asset disposal plan 26
for its designated disposal activities for each of its financial 27
years. 28
`(2) The asset disposal plan must-- 29
s5 11 s5
Local Government and Other Legislation Amendment
Bill 2005
(a) comply with section 46B; and 1
(b) if the council has made a corporate plan--be consistent 2
with, and support, the achievement of the strategic 3
directions stated in the corporate plan. 4
`(3) The resolution must be passed before the adoption of the 5
council's budget for the financial year to which the asset 6
disposal plan relates. 7
`46B Requirements for asset disposal plan 8
`(1) An asset disposal plan must state each of the following-- 9
(a) the types of designated disposal activities proposed for 10
the financial year to which it relates; 11
(b) the principles and strategies for carrying out the 12
activities; 13
(c) how the application of the principles will be measured; 14
(d) the outcomes proposed to be achieved from carrying out 15
the activities; 16
(e) any of the activities (a significant designated disposal 17
activity) that the council considers will be significant. 18
`(2) In considering whether any of the activities are a significant 19
designated disposal activity, the council must have regard to 20
the matters mentioned in subsection (1)(a) to (d). 21
`46C Amendment of asset disposal plan 22
`The council may, by resolution, amend its asset disposal plan 23
at any time before the end of the financial year to which it 24
relates. 25
`46D Inspection of asset disposal plan 26
`The council must-- 27
(a) keep its asset disposal plan open to inspection; and 28
(b) make copies available for purchase at its public office at 29
a price not more than the cost to it of producing the copy 30
s5 12 s5
Local Government and Other Legislation Amendment
Bill 2005
and, if a copy is supplied to a purchaser by post, the cost 1
of the postage. 2
`46E Plans for significant designated disposal activities 3
`(1) If the council's asset disposal plan states any significant 4
designated disposal activities, the council must make a plan (a 5
significant disposal activity plan) for each of the activities 6
before it starts. 7
`(2) A significant disposal activity plan must state-- 8
(a) the objectives of the activity that the plan is for; 9
(b) how the objectives support the asset disposal plan; 10
(c) how the objectives are to be achieved; 11
(d) how achievement of the objectives will be measured; 12
(e) any alternative ways of achieving the objectives, and 13
why the alternative ways were not adopted; 14
(f) proposed contractual arrangements for the activity; and 15
(g) a risk analysis of the market in which the relevant assets 16
are to be disposed of. 17
`(3) The objectives must be consistent with the council's asset 18
disposal plan. 19
`(4) The council may amend any of its significant disposal activity 20
plans at any time before the end of the financial year to which 21
it relates. 22
`46F Asset disposal manual 23
`(1) The council must prepare a manual of procedures for how it 24
disposes of its non-current assets. 25
`(2) The manual must-- 26
s5 13 s5
Local Government and Other Legislation Amendment
Bill 2005
(a) include a policy about how the council deals with its 1
non-current assets that have a value of less than the 2
amount set under section 39G(3);3 and 3
(b) be consistent with the council's asset disposal plan. 4
`Subdivision 4 Requirements for disposal of 5
particular land 6
`46G Meaning of land for sdiv 4 7
`In this subdivision, land includes an interest in land. 8
`46H General requirement for auction or tenders 9
`(1) The council may dispose of land only by auction or after 10
inviting tenders. 11
`(2) The tender invitation must-- 12
(a) be by an advertisement in a newspaper circulating 13
generally in the council's area; and 14
(b) allow at least 7 days from the day of the advertisement 15
for the submission of tenders. 16
`(3) This section is subject to section 46I. 17
`46I Exemptions 18
`(1) The council may dispose of land without complying with 19
section 46H if-- 20
(a) the disposal is to-- 21
(i) the State; or 22
(ii) a government entity under the Government Owned 23
Corporations Act 1993; or 24
(iii) a local government owned corporation under the 25
Local Government Act 1993; or 26
3 Section 39G (What are designated disposal activities of the council)
s5 14 s5
Local Government and Other Legislation Amendment
Bill 2005
(iv) another local government; or 1
(v) a community organisation; or 2
(vi) another Australian government, an entity of 3
another Australian government or a local 4
government of another State or a Territory; or 5
(b) if the land would not be rateable land after the disposal; 6
or 7
(c) the land was previously offered for sale under the 8
section and was not sold; or 9
(d) the council resolves that it is of the opinion that it is in 10
the public interest that the land be disposed of without 11
an auction or inviting tenders. 12
`(2) If subsection (1)(c) applies, the land must not be sold for less 13
than the highest bid or tender received. 14
`(3) A resolution under subsection (1)(d)-- 15
(a) must state reasons for the opinion expressed in it; and 16
(b) may relate to a particular disposal or a type of disposal; 17
and 18
(c) if the resolution relates to a type of disposal--expires 1 19
year after it is made. 20
`(4) In this section-- 21
community organisation means an entity that is a non-profit 22
entity or otherwise exists for a public purpose. 23
`46J Changes to tenders 24
`(1) This section applies if-- 25
(a) the council invites tenders for a contract for the disposal 26
of land; and 27
(b) the invitation states that the council might later invite all 28
tenderers to change their tenders. 29
`(2) Before making a decision on the tenders, the council may 30
invite all the persons who have submitted a tender to change 31
s6 15 s8
Local Government and Other Legislation Amendment
Bill 2005
their tender to take account of a change in the tender 1
specifications. 2
`46K Acceptance of tender 3
`(1) If the council decides to accept a tender for a contract for the 4
disposal of land, it must accept the tender most advantageous 5
to it. 6
`(2) However, the council may decide not to accept any tender 7
available to it.'. 8
Clause 6 Amendment of s 119 (Annual report) 9
Section 119(3)(b), `sections 42(5), 44(1) and 46(2)'-- 10
omit, insert-- 11
`part 2, division 124'. 12
Clause 7 Replacement of pt 6, hdg (Transitional provision) 13
Part 6, heading-- 14
omit, insert-- 15
`Part 6 Transitional provisions 16
`Division 1 Transitional provision for Local 17
Government Legislation 18
Amendment Act 2003'. 19
Clause 8 Insertion of new pt 6, div 2 20
Part 6-- 21
insert-- 22
4 Part 2, division 12 (Contracts and related activities)
s8 16 s8
Local Government and Other Legislation Amendment
Bill 2005
`Division 2 Transitional provisions for Local 1
Government and Other Legislation 2
Amendment Act 2005 3
`137A Adoption of procurement and asset disposal plans 4
for 2006-2007 financial year 5
`(1) From the commencement of this section, the council may, for 6
the 20062007 financial year, adopt, by resolution, a 7
procurement plan and an asset disposal plan as if the new 8
contracting provisions had commenced.5 9
`(2) In this section-- 10
new contracting provisions means part 2, division 12, as the 11
division is to be amended under the Local Government and 12
Other Legislation Amendment Act 2005. 13
`137B Transitional provisions for old contracting provisions 14
`(1) To remove any doubt, it is declared that the repeal of the old 15
contracting provisions does not, of itself, affect a contractual 16
obligation or right of the council. 17
`(2) If, immediately before the commencement of the new 18
contracting provisions-- 19
(a) the council had, under the old contracting provisions, 20
invited tenders or sought quotations in relation to a 21
particular procurement activity; and 22
(b) tenders or quotations had been given or made in 23
response to the invitation or the seeking of quotations; 24
and 25
(c) the council had not accepted, or decided not to accept, 26
any of the tenders or quotations; 27
the old contracting provisions continue to apply to the council 28
for the activity as if the new contracting provisions had not 29
been enacted. 30
5 The new contracting provisions commence on 1 July 2006.
s9 17 s9
Local Government and Other Legislation Amendment
Bill 2005
`(3) In this section-- 1
new contracting provisions means part 2, division 12, as 2
amended under the Local Government and Other Legislation 3
Amendment Act 2005. 4
old contracting provisions means part 2, division 12 as in 5
force immediately before the commencement of the 6
amendments to that division under the Local Government and 7
Other Legislation Amendment Act 2005.'. 8
Clause 9 Amendment of sch 2 (Dictionary) 9
Schedule 2-- 10
insert-- 11
`asset disposal plan, for the council, means its most recent 12
asset disposal plan made under section 46A, as amended from 13
time to time under section 46C. 14
corporate plan means a plan that is the same, or substantially 15
the same, as a corporate plan under the Local Government Act 16
1993. 17
designated disposal activities, of the council, see section 39G. 18
land, for part 2, division 12, subdivision 4, see section 46G. 19
non-current assets, of the council, means any of its assets that 20
are not current assets. 21
procurement activities, of the council, see section 39F. 22
procurement plan, of the council, means its most recent 23
procurement plan made under section 42, as amended from 24
time to time under section 43. 25
procurement principles see section 39E(2). 26
significant designated disposal activity see section 46B(1)(e). 27
significant procurement activity see section 42(4)(g). 28
significant procurement activity plan see section 45(1).'. 29
s 10 18 s 11
Local Government and Other Legislation Amendment
Bill 2005
Part 3 Amendment of Liquor Act 1992 1
Clause 10 Act amended in pt 3 2
This part amends the Liquor Act 1992. 3
Clause 11 Insertion of new s 112B 4
After section 112A-- 5
insert-- 6
`112B Variation of condition about noise--licensed 7
premises in special entertainment precinct 8
`(1) This section applies if-- 9
(a) a licence is subject to a condition (a noise condition) 10
about noise coming from the licensed premises; and 11
(b) the licensed premises are in a special entertainment 12
precinct established by a local government under the 13
Local Government Act 1993, section 956G;6 and 14
(c) a licence, permit or other authority has been issued for 15
the premises under a local law made by the local 16
government under the Local Government Act 1993, 17
section 956G(3)(b), including a licence, permit or other 18
authority that has expired or been revoked or cancelled 19
by the local government. 20
`(2) The noise condition does not apply in relation to noise from 21
amplified music played at the licensed premises. 22
`(3) To remove any doubt, it is declared that this section no longer 23
applies if the local government-- 24
(a) revokes the special entertainment precinct; or 25
(b) changes the boundaries of the special entertainment 26
precinct so that the premises are no longer within the 27
precinct's core area under the Local Government Act 28
1993, section 956G.'. 29
6 Local Government Act 1993, section 956G (Establishment of special entertainment
precincts)
s 12 19 s 14
Local Government and Other Legislation Amendment
Bill 2005
Clause 12 Amendment of s 187 (Abatement of nuisance or 1
dangerous activity) 2
Section 187-- 3
insert-- 4
`(1A) However, this section does not apply if the noise is from 5
amplified music played at licensed premises-- 6
(a) in a special entertainment precinct established by a local 7
government under the Local Government Act 1993, 8
section 956G;7 and 9
(b) for which the local government has issued a licence, 10
permit or other authority under the local law made by 11
the local government under the Local Government Act 12
1993, section 956G(3)(b), including licence, permit or 13
other authority that has expired or been revoked or 14
cancelled by the local government.'. 15
Part 4 Amendment of Local 16
Government Act 1993 17
Clause 13 Act amended in pt 4 and schedule 18
(1) This part amends the Local Government Act 1993. 19
(2) The schedule also includes amendments of that Act. 20
Clause 14 Replacement of ch 6, pt 3 hdg (Contracts and tendering) 21
Chapter 6, part 3, heading-- 22
omit, insert-- 23
`Part 3 Contracts and related 24
activities'. 25
7 Local Government Act 1993, section 956G (Establishment of special entertainment
precincts)
s 15 20 s 16
Local Government and Other Legislation Amendment
Bill 2005
Clause 15 Amendment of s 481 (Principles governing the making of 1
contracts) 2
(1) Section 481, `or the supply of goods or services'-- 3
omit, insert-- 4
`the supply of goods or services or the disposal of assets'. 5
(2) Section 481(c)-- 6
omit, insert-- 7
`(c) encouragement of the development of competitive local 8
business and industry;'. 9
(3) Section 481-- 10
insert-- 11
`(2) For contracts for the carrying out of work, or the supply of 12
goods or services, the principles are the procurement 13
principles.'. 14
Clause 16 Insertion of new ss 481A and 481B 15
After section 481-- 16
insert-- 17
`481A What are procurement activities of a local 18
government 19
`The procurement activities of a local government are its 20
activities that are, or relate to, the making of contracts for the 21
carrying out of work, or the supply of goods or services. 22
`481B What are designated disposal activities of a local 23
government 24
`The designated disposal activities of a local government are 25
its activities that are, or relate to, the disposal of its 26
non-current assets, other than land, that have a value of more 27
than the threshold amount.'. 28
s 17 21 s 17
Local Government and Other Legislation Amendment
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Clause 17 Replacement of ch 6, pt 3, div 2, hdg (Purchasing) 1
Chapter 6, part 3, division 2, heading-- 2
omit, insert-- 3
`Division 2 Strategic contracting model 4
`Subdivision 1 Preliminary 5
`483A Purpose of div 2 6
`(1) The purpose of this division is to enable each local 7
government to take a strategic approach to its procurement 8
activities and designated disposal activities, after taking into 9
account the procurement principles. 10
`(2) In this section-- 11
strategic approach means an approach that identifies 12
potential opportunities while managing adverse risks. 13
`Subdivision 2 Choice of strategic contracting 14
model 15
`483B Power to choose strategic contracting model 16
`(1) A local government may, by resolution, decide this division 17
applies to it. 18
`(2) However, the resolution may be passed only if-- 19
(a) the local government has considered the costs and 20
benefits of complying with this division; and 21
(b) notice has been given of the proposed resolution at least 22
4 weeks before the meeting at which the resolution is 23
proposed. 24
`(3) The notice must be-- 25
(a) published in a newspaper circulating generally in the 26
local government's area; and 27
s 17 22 s 17
Local Government and Other Legislation Amendment
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(b) state the proposed resolution and the day and time of the 1
meeting. 2
`(4) The local government may, by a later resolution, decide this 3
division no longer to applies to it. 4
`(5) Subsections (2) and (3) do not apply to the later resolution. 5
`483C Effect of choice 6
`(1) If, under section 483B, a local government passes a resolution 7
that this division applies to it, the local government must 8
comply with subdivisions 3 to 5 from-- 9
(a) generally--the day the resolution is passed; or 10
(b) if the resolution states a later day of effect--the later 11
day. 12
`(2) The later day must not be more than 1 year after the resolution 13
is passed. 14
`(3) To remove any doubt, it is declared that the passing of the 15
resolution does not, of itself, affect a contractual obligation or 16
right of the local government. 17
`(4) If immediately before the day this division commences to 18
apply to the local government-- 19
(a) it had, under division 3, invited tenders or sought 20
quotations in relation to a particular procurement 21
activity; and 22
(b) tenders or quotations had been given or made in 23
response to the invitation or the seeking of quotations; 24
and 25
(c) the local government had not accepted, or decided not to 26
accept, any of the tenders or quotations; 27
division 3 continues to apply for the activity as if the 28
resolution had not been passed. 29
`(5) If the local government later decides this division no longer 30
applies to it, the local government must continue to comply 31
with this division for procurement activities and designated 32
s 17 23 s 17
Local Government and Other Legislation Amendment
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disposal activities that happened while this division applied to 1
it. 2
`Subdivision 3 Requirements relating to 3
procurement activities 4
`483D Annual procurement plans 5
`(1) The local government must adopt, by resolution, a 6
procurement plan for each of its financial years. 7
`(2) The resolution must be passed before the adoption of the local 8
government's budget for the financial year to which the 9
procurement plan relates. 10
`(3) The procurement plan must be consistent with, and support, 11
the achievement of the strategic directions stated in the local 12
government's corporate plan. 13
`(4) The procurement plan must state-- 14
(a) the types of procurement activities proposed for the 15
financial year; and 16
(b) how the procurement principles are to be applied for the 17
activities; and 18
(c) how the application of the principles will be measured; 19
and 20
(d) a policy about proposed delegations for the activities; 21
and 22
(e) a policy about the making of the local government's 23
significant procurement activity plans;8 and 24
(f) a market assessment for each of the activity types; and 25
(g) any of the activities (a significant procurement activity) 26
that the local government considers will be significant. 27
8 See section 483G (Significant procurement activity plans).
s 17 24 s 17
Local Government and Other Legislation Amendment
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`(5) In considering whether any of the activities are a significant 1
procurement activity, the local government must have regard 2
to the market assessment. 3
`(6) The market assessment must consist of a profile of the relative 4
expenditure and difficulty in securing supply of the activity 5
type assessed. 6
`483E Amendment of procurement plan 7
`The local government may, by resolution, amend its 8
procurement plan at any time before the end of the financial 9
year to which it relates. 10
`483F Inspection of procurement plan 11
`The local government must-- 12
(a) keep its procurement plan open to inspection; and 13
(b) make copies available for purchase at its public office at 14
a price not more than the cost to it of producing the copy 15
and, if a copy is supplied to a purchaser by post, the cost 16
of the postage. 17
`483G Significant procurement activity plans 18
`(1) If the local government's procurement plan states any 19
significant procurement activities, the local government must 20
make a plan (a significant procurement activity plan) for 21
each of the activities before it starts. 22
`(2) A significant procurement activity plan must state-- 23
(a) its objectives, and how they will be achieved; and 24
(b) any alternative ways of achieving the objectives, and 25
why the alternative ways were not adopted; and 26
(c) a risk analysis of the market from which the relevant 27
goods or services are to be procured. 28
`(3) The objectives must be consistent with the local government's 29
procurement plan. 30
s 17 25 s 17
Local Government and Other Legislation Amendment
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`(4) The local government may amend a significant procurement 1
activity plan at any time before the end of the financial year to 2
which it relates. 3
`483H Procurement manual 4
`(1) The local government must prepare a manual of procedures 5
for how it carries out its procurement activities. 6
`(2) The manual must-- 7
(a) apply the procurement principles; and 8
(b) be consistent with the local government's procurement 9
plan. 10
`Subdivision 4 Requirements relating to 11
designated disposal activities 12
`483I Annual asset disposal plan 13
`(1) The local government must adopt, by resolution, an asset 14
disposal plan for its designated disposal activities for each of 15
its financial years. 16
`(2) The asset disposal plan must-- 17
(a) comply with section 483J; and 18
(b) be consistent with, and support, the achievement of the 19
strategic directions stated in the local government's 20
corporate plan. 21
`(3) The resolution must be passed before the adoption of the local 22
government's budget for the financial year to which the asset 23
disposal plan relates. 24
`483J Requirements for asset disposal plan 25
`(1) An asset disposal plan must state each of the following-- 26
(a) the types of designated disposal activities proposed for 27
the financial year to which it relates; 28
s 17 26 s 17
Local Government and Other Legislation Amendment
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(b) the principles and strategies for carrying out the 1
activities; 2
(c) how the application of the principles will be measured; 3
(d) the outcomes proposed to be achieved from carrying out 4
the activities; 5
(e) any of the activities (a significant designated disposal 6
activity) that the local government considers will be 7
significant. 8
`(2) In considering whether any of the activities are a significant 9
designated disposal activity, the local government must have 10
regard to the matters mentioned in subsection (1)(a) to (d). 11
`483K Amendment of asset disposal plan 12
`The local government may, by resolution, amend its asset 13
disposal plan at any time before the end of the financial year 14
to which it relates. 15
`483L Inspection of asset disposal plan 16
`The local government must-- 17
(a) keep its asset disposal plan open to inspection; and 18
(b) make copies available for purchase at its public office at 19
a price not more than the cost to it of producing the copy 20
and, if a copy is supplied to a purchaser by post, the cost 21
of the postage. 22
`483M Plans for significant designated disposal activities 23
`(1) If the local government's asset disposal plan states any 24
significant designated disposal activities, the local 25
government must make a plan (a significant disposal activity 26
plan) for each of the activities before it starts. 27
`(2) A significant disposal activity plan must state-- 28
(a) the objectives of the activity that the plan is for; 29
(b) how the objectives support the asset disposal plan; 30
s 17 27 s 17
Local Government and Other Legislation Amendment
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(c) how the objectives are to be achieved; 1
(d) how achievement of the objectives will be measured; 2
(e) any alternative ways of achieving the objectives, and 3
why the alternative ways were not adopted; 4
(f) proposed contractual arrangements for the activity; and 5
(g) a risk analysis of the market in which the relevant assets 6
are to be disposed of. 7
`(3) The objectives must be consistent with the local government's 8
asset disposal plan. 9
`(4) The local government may amend any of its significant 10
disposal activity plans at any time before the end of the 11
financial year to which it relates. 12
`483N Asset disposal manual 13
`(1) The local government must prepare a manual of procedures 14
for how it disposes of its non-current assets. 15
`(2) The manual must-- 16
(a) include a policy about how the local government deals 17
with its non-current assets that have a value of less than 18
the threshold amount; and 19
(b) be consistent with the local government's asset disposal 20
plan. 21
s 18 28 s 18
Local Government and Other Legislation Amendment
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`Subdivision 5 Requirements for disposal of 1
particular land 2
`483O Procedural contracting model generally applies for 3
disposal of land 4
`Division 3, subdivision 39 applies to the local government, 5
but only for its disposal of land or an interest in land.10 6
`Division 3 Procedural contracting model 7
`Subdivision 1 Preliminary 8
`483P Application of div 3 9
`This division applies to a local government unless it has 10
decided, under division 2, subdivision 2, that division 2 11
applies to it. 12
`Subdivision 2 Purchasing'. 13
Clause 18 Amendment of s 484 (When tenders are required) 14
(1) Section 484(1), `A local government'-- 15
omit, insert-- 16
`The local government'. 17
(2) Section 484(1), `$100000'-- 18
omit, insert-- 19
`$150000'. 20
9 Division 3, subdivision 3 (Disposal of land or particular non-current assets)
10 For when the procedural contracting model does not apply, see section 492
(Exemptions).
s 19 29 s 20
Local Government and Other Legislation Amendment
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Clause 19 Amendment of s 485 (When quotations are required) 1
(1) Section 485(1), `A local government'-- 2
omit, insert-- 3
`The local government'. 4
(2) Section 485(1), `$10000 and $100000'-- 5
omit, insert-- 6
`$15000 and $150000'. 7
Clause 20 Amendment of s 486 (Exceptions to the requirement to 8
seek tenders or quotations) 9
(1) Section 486, `A local government'-- 10
omit, insert-- 11
`The local government'. 12
(2) Section 486(1)(b), `it resolves that'-- 13
omit. 14
(3) Section 486(1)(c) and (d)-- 15
omit, insert-- 16
`(c) the contract is made by auction and is for the purchase 17
of goods; or 18
(d) the contract is for the purchase of second-hand goods; 19
or'. 20
(4) Section 486(1)(f)(i), after `government entity,'-- 21
insert-- 22
`a local government owned corporation,'. 23
(5) Section 486(1)-- 24
insert-- 25
`(g) it has-- 26
(i) decided, by resolution, to prepare, for the entering 27
into of the contract, a plan that complies with 28
subsection (2); and 29
s 21 30 s 23
Local Government and Other Legislation Amendment
Bill 2005
(ii) prepared the plan.'. 1
(6) Section 486(2)-- 2
renumber as section 486(3). 3
(7) Section 486-- 4
insert-- 5
`(2) For subsection (1)(g), the plan must state-- 6
(a) its objectives, and how they will be achieved; and 7
(b) any alternative ways of achieving the objectives, and 8
why the alternative ways were not adopted; and 9
(c) a risk analysis of the market from which the relevant 10
goods or services are to be procured.'. 11
Clause 21 Amendment of s 487 (Panel of suitable providers) 12
Section 487(1), `A local government'-- 13
omit, insert-- 14
`The local government'. 15
Clause 22 Amendment of s 488 (Changes to tenders) 16
Section 488(1)(a), `a local government'-- 17
omit, insert-- 18
`the local government'. 19
Clause 23 Amendment of s 489 (Short listing after calling for 20
expressions of interest) 21
(1) Section 489(1), `A local government'-- 22
omit, insert-- 23
`The local government'. 24
(2) Section 489(5), `a local government'-- 25
omit, insert-- 26
`the local government'. 27
s 24 31 s 26
Local Government and Other Legislation Amendment
Bill 2005
Clause 24 Amendment of s 490 (Acceptance of tender or quotation) 1
(1) Section 490(1), `a local government'-- 2
omit, insert-- 3
`the local government'. 4
(2) Section 490(2), `principles mentioned in section 481'-- 5
omit, insert-- 6
`procurement principles'. 7
Clause 25 Replacement of ch 6, pt 3, div 3, hdg (Disposal of land or 8
goods) 9
Chapter 6, part 3, division 3, heading-- 10
omit, insert-- 11
`Subdivision 3 Disposal of land or particular 12
non-current assets'. 13
Clause 26 Amendment of s 491 (When tenders or auctions are 14
required) 15
(1) Section 491(1)(b)-- 16
omit, insert-- 17
`(b) non-current assets other than land with an apparent 18
value of equal to or above the amount set by the local 19
government.'. 20
(2) Section 491(2) to (4)-- 21
renumber as section 491(3) to (5). 22
(3) Section 491-- 23
insert-- 24
`(2) The set amount must not be more than the threshold amount 25
for the value of non-current assets of the local government.11'. 26
11 See the Local Government Finance Standards, sections 42 (Register of non-current
assets) and 43 (Setting amount for treating non-current asset as an expense).
s 27 32 s 27
Local Government and Other Legislation Amendment
Bill 2005
(4) Section 491(3), as renumbered, `A local government'-- 1
omit, insert-- 2
`The local government'. 3
(5) Section 491(3), as renumbered, `goods'-- 4
omit, insert-- 5
`non-current assets'. 6
Clause 27 Amendment of s 492 (Exemptions) 7
(1) Section 492(1), `or goods', first mention-- 8
omit, insert-- 9
`, or other non-current assets mentioned in section 491(1)(b),'. 10
(2) Section 492(1)(a)(iii) to (iv)-- 11
renumber as section 492(1)(a)(iv) to (vi). 12
(3) Section 492(1)(a)-- 13
insert-- 14
`(iii) a local government owned corporation; or'. 15
(4) Section 492(1)(d) and (3), `goods'-- 16
omit, insert-- 17
`other non-current assets'. 18
(5) Section 492(1)-- 19
insert-- 20
`(ba) for non-current assets other than land-- 21
(i) the disposal is by way of a trade-in for the supply 22
of goods or services to the local government; and 23
(ii) the supply is, or is to be, made under subdivision 2; 24
and 25
(iii) the disposal is, or is to be, part of the contract for 26
the supply; or'. 27
(6) Section 492(1)-- 28
s 28 33 s 28
Local Government and Other Legislation Amendment
Bill 2005
insert-- 1
`(da) the local government has-- 2
(i) decided, by resolution, to prepare, for the disposal, 3
a plan that complies with subsection (4); and 4
(ii) prepared the plan; or'. 5
(7) Section 492(1)(ba) to (1)(e)-- 6
renumber as section 492(1)(c) to (1)(g). 7
(8) Section 492(2), `subsection (1)(c)'-- 8
omit, insert-- 9
`subsection (1)(d)'. 10
(9) Section 492(3), `subsection (1)(d)'-- 11
omit, insert-- 12
`subsection (1)(e)'. 13
(10) Section 492(4)-- 14
renumber as section 492(5). 15
(11) Section 492-- 16
insert-- 17
`(4) For subsection (1)(f), the plan must state-- 18
(a) the objectives of the disposal; 19
(b) how the objectives are to be achieved; 20
(c) how achievement of the objectives will be measured; 21
(d) any alternative ways of achieving the objectives, and 22
why the alternative ways were not adopted; 23
(e) proposed contractual arrangements for the disposal; and 24
(f) a risk analysis of the market in which the disposal is to 25
take place.'. 26
Clause 28 Insertion of new ch 6, pt 3, div 3, sdiv 4 27
Chapter 6, part 3, after section 492-- 28
s 28 34 s 28
Local Government and Other Legislation Amendment
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insert-- 1
`Subdivision 4 Required manuals 2
`492A Required procurement and asset disposal manuals 3
`(1) The local government must prepare the following manuals of 4
procedures-- 5
(a) a manual for how it carries out its procurement activities 6
(the procurement manual); 7
(b) a manual for how it disposes of its non-current assets 8
(the asset disposal manual). 9
`(2) The procurement manual must-- 10
(a) apply the procurement principles; and 11
(b) be consistent with, and support, the achievement of the 12
strategic direction stated in the local government's 13
corporate plan; and 14
(c) for any procurement activities that the local government 15
considers will be significant, require a significant 16
procurement activity plan that complies with the 17
requirements under section 486(2).12 18
`(3) The asset disposal manual must-- 19
(a) be consistent with, and support, the achievement of the 20
strategic direction stated in the local government's 21
corporate plan; and 22
(b) include a policy about how the local government deals 23
with its non-current assets that have a value of less than 24
the threshold amount; and 25
(c) for any disposal of non-current assets that the local 26
government considers will be significant, require a 27
significant disposal activity plan that complies with the 28
requirements under section 492(4).'. 29
12 Section 486 (Exemptions to the requirement to seek tenders or quotations
s 29 35 s 30
Local Government and Other Legislation Amendment
Bill 2005
Clause 29 Amendment of s 502 (Issue of standards) 1
(1) Section 502(1)(d) to (i)-- 2
renumber as section 502(1)(e) to (j). 3
(2) Section 502(1)-- 4
insert-- 5
`(d) the application of the procurement principles;13 and'. 6
Clause 30 Insertion of new ch 13, pt 8 7
Chapter 13-- 8
insert-- 9
`Part 8 Special entertainment 10
precincts 11
`956G Establishment of special entertainment precinct 12
`(1) A local government may, subject to subsections (3) and (4), 13
establish a special entertainment precinct in its area. 14
`(2) The effect of establishing a special entertainment precinct is 15
that-- 16
(a) noise from amplified music played at relevant licensed 17
premises in the precinct's core area is regulated by the 18
local law mentioned in subsection (3)(b) instead of the 19
Liquor Act 1992;14 and 20
(b) requirements imposed under a planning scheme or 21
development approval made or given under the 22
Integrated Planning Act 1997 about noise attenuation 23
apply in relation to particular kinds of development in 24
the precinct. 25
`(3) To establish a special entertainment precinct, the local 26
government must-- 27
13 See section 481 (Principles governing the making of contracts).
14 See the Liquor Act 1992, section 187 (Abatement of nuisance or dangerous activity).
s 31 36 s 31
Local Government and Other Legislation Amendment
Bill 2005
(a) amend its planning scheme to identify the special 1
entertainment precinct and the part of the precinct (the 2
precinct's core area) in which the local law mentioned 3
in paragraph (b) applies; and 4
(b) make a local law-- 5
(i) regulating noise from amplified music from all or 6
any relevant licensed premises or other premises in 7
the precinct's core area; and 8
(ii) providing for the issue of licences, permits or other 9
authorities for all or any relevant licensed premises 10
or other premises in the precinct's core area. 11
`(4) A special entertainment precinct must not include a major 12
sports facility under the Major Sports Facilities Act 2001. 13
`(5) A local law made under subsection (3)(b) does not apply to an 14
activity for a motor racing event under the Gold Coast Motor 15
Racing Events Act 1990 carried on by or with the permission 16
of the person who, under that Act, is the promoter for the year 17
in which the event is held.15 18
`(6) In this section-- 19
relevant licensed premises means licensed premises under the 20
Liquor Act 1992-- 21
(a) that are in the precinct's core area; and 22
(b) from which amplified music emanates.'. 23
Clause 31 Amendment of schedule (Dictionary) 24
Schedule-- 25
insert-- 26
`asset disposal plan, for a local government, means its most 27
recent asset disposal plan under section 483I, as amended 28
from time to time under section 483M. 29
15 See also the Gold Coast Motor Racing Events Act 1990, section 12 (Certain Acts
and laws not to apply).
s 32 37 s 32
Local Government and Other Legislation Amendment
Bill 2005
designated disposal activities, of a local government, see 1
section 481B. 2
non-current assets, of a local government, means any of its 3
assets that are not current assets. 4
procurement activities, of a local government, see section 5
481A. 6
procurement plan, for a local government, means its most 7
recent made procurement plan made under section 483D, as 8
amended from time to time under section 483E. 9
procurement principles see section 481(2). 10
significant designated disposal activity see section 11
483J(1)(e). 12
significant procurement activity see section 483D(4)(g). 13
significant procurement activity plan see section 483G(1). 14
threshold amount, for value of non-current assets of a local 15
government, means the amount it sets under the Local 16
Government Finance Standards below which the value of a 17
non-current asset must be treated as an expense.16'. 18
Part 5 Amendment of Local 19
Government (Community 20
Government Areas) Act 2004 21
Clause 32 Act amended in pt 5 22
This part amends the Local Government (Community 23
Government Areas) Act 2004. 24
16 See the Local Government Finance Standards, sections 42 (Register of non-current
assets) and 43 (Setting amount for treating non-current asset as an expense).
s 33 38 s 33
Local Government and Other Legislation Amendment
Bill 2005
Clause 33 Amendment of s 11 (Provisions of Local Government Act 1
1993 that apply) 2
Section 11(2), second dot point, `(d) and (g)'-- 3
omit, insert-- 4
`(g)'. 5
39
Local Government and Other Legislation Amendment
Bill 2005
Schedule Minor amendments of Local 1
Government Act 1993 2
section 13(2) 3
1 Section 3, `the schedule'-- 4
omit, insert-- 5
`schedule 2'. 6
2 Section 60T(2)(b)(iii)-- 7
omit, insert-- 8
`(iii) an entity to which part 12 of the Local Government 9
Finance Standards applies.17'. 10
3 Section 243A(3)(b), after `omission'-- 11
insert-- 12
`that'. 13
4 Section 1272, second occurring-- 14
renumber as section 1272A. 15
5 Schedule-- 16
renumber as schedule 2. 17
© State of Queensland 2005
17 See section 81 (Definition for pt 12) of the Local Government Finance Standards.
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