Queensland Consolidated Acts

CITY OF BRISBANE ACT 1924

TABLE OF PROVISIONS

           Long Title

           Contents

           Part 1--Preliminary

   1.      Short title
   2.      Definitions
   2A.     Persons comprising the council service
   3.      Meaning of words in particular applied provisions
   3A.     Application of the Local Government Act

           Part 2--The City Charter

           Division 1--City of Brisbane

   4.      City of Brisbane

           Division 2--Brisbane City Council

   5.      Composition of council
   6.      Council is body corporate etc.
   6A.     Powers of council

           Division 3--Elections for council

   13.     Election of mayor
   14A.    Electoral wards and election of councillors
   14Q.    Electoral rolls

           Division 5--Quadrennial elections and extraordinary vacancies

   16.     Quadrennial elections
   16A.    Returning officers for elections
   17.     Provisions concerning elections
   17A.    Conduct of elections by electoral commission

           Division 6--Members of council

   22.     Remuneration of mayor and councillors
   23.     Superannuation benefits for councillors
   23A.    Mayor
   24.     Deputy mayor
   24A.    Acting appointment during absence of mayor and deputy mayor

           Division 7--Town clerk and officers and employees of council

   25.     Town clerk
   25B.    Disclosure by officers of interest in contracts
   25C.    Appeal by officer against promotion of other officer
   25D.    Appeal by employee against disciplinary action
   25E.    Superannuation scheme for employees

           Division 8--Botanic gardens

   32.     Control of botanic gardens

           Division 9--Powers and jurisdiction

   36A.    Bridges
   37.     Acquisition of land

           Division 11--Administration

   39A.    Administration of council business
   39B.    Delegation
   39BA.   Recording of reasons for particular decisions
   39C.    Council register
   39D.    Documents open to inspection not to contain information about protected persons

           Division 12--Contracts and related activities
           Subdivision 1--Preliminary

   39E.    Principles governing the making of contracts
   39F.    What are procurement activities of the council
   39G.    What are designated disposal activities of the council
   40.     Formalities of making etc. of contracts
   41.     Limitation on entering into contracts under delegation
           Subdivision 2--Requirements relating to procurement activities
   42.     Annual procurement plans
   43.     Amendment of procurement plan
   44.     Inspection of procurement plan
   45.     Significant procurement activity plans
   46.     Procurement manual
           Subdivision 3--Requirements relating to designated disposal activities
   46A.    Annual asset disposal plan
   46B.    Requirements for asset disposal plan
   46C.    Amendment of asset disposal plan
   46D.    Inspection of asset disposal plan
   46E.    Plans for significant designated disposal activities
   46F.    Asset disposal manual
           Subdivision 4--Requirements for disposal of particular land
   46G.    Meaning of land for sdiv 4
   46H.    General requirement for auction or tenders
   46I.    Exemptions
   46J.    Changes to tenders
   46K.    Acceptance of tender

           Part 3--Rates and charges

           Division 1--General

   47.     What land is rateable?
   47A.    Effect of resolution under s 47(1)(d)
   48.     Making of rates and charges
   49.     How rates and charges are made
   50.     Differential general rate
   51.     Minimum general rate levy
   52.     Special rates and charges
   53.     Adjustment of special rates and charges
   54.     Refund of special rates and charges—special circumstances
   55.     Separate rates and charges
   56.     Utility charges
   57.     Utility charges for facilities under construction
   58.     Validity of particular utility charges

           Division 2--Levying of rates

   60.     Levying rates
   61.     Rate may be levied or adjusted after end of financial year
   62.     Person who is liable to pay rate
   63.     Liability to pay rate if change of ownership etc.
   64.     Payment of rates
   65.     Time within which rates must be paid
   66.     Payment by instalments
   67.     Unpaid rate may bear interest
   68.     Discount for prompt payment
   68A.    Discount if payment of rates by instalments
   68B.    Discount if special circumstances prevent prompt payment
   68C.    Discount if other rates are unpaid
   69.     Other benefits for prompt payment
   70.     Levy of rate on alteration in unimproved value etc.
   71.     Adjustment of differential general rate on change in category
   72.     Refund of excess rate and recovery of shortfall
   73.     Refund of rate on termination of entitlement to occupy

           Division 3--Concessions

   74.     Meaning of pensioner in division
   75.     Remission, composition and settlement of rates
   76.     Deferment of payment of liability
   77.     Resort to section 75 or 76 requires justification
   78.     Remission for occupancy by pensioners
   79.     Council may grant particular concessions on owner's application
   79A.    Council may grant concessions to classes of land owners
   80.     Limitation of increase in rate levied

           Division 4--Categorisation of land for differential rating

   81.     Establishing criteria and categories
   82.     Identification of categories for parcels of land
   83.     Specification of categories for parcels of land
   84.     Entry on land to assist differential rating
   85.     Notice to owner of categorisation
   86.     Owner's objection to categorisation
   87.     Determination of owner's objection
   88.     Effect of determinations
   89.     Appeal against determination
   90.     Constitution and procedure of Land Court
   91.     Determination of appeal by Land Court
   92.     Levy and recovery of rate unaffected by objection or appeal
   93.     Late categorisation
   94.     Time of effect of late categorisation
           P
           ART
           4 F
           INANCE

           Division 1--Funds and accounting

   95.     Funds
   96.     Trust fund
   97.     Reserves
   98.     Sound accounting principles and procedures to be observed
   99.     Financial institution accounts
   100.    Basis of accounting
   101.    Accounting periods
   102.    Accounting records
   103.    Surpluses and deficits
   104.    Accounting manual
   105.    Losses and ex gratia payments
   106.    Parking receipts

           Division 1A--Revenue policy

   106A.   Preparation and adoption of revenue policy
   106B.   Requirements and content of revenue policy
   106C.   Copies of revenue policy to be available for inspection and purchase

           Division 2--Budget

   107.    Presentation of budget
   108.    Content of budget documents
   109.    Adoption of budget—the approved budget
   109A.   Adoption of revenue statement
   109B.   Requirements and content of revenue statement
   110.    Budget reporting and monitoring
   111.    Members' liability for unauthorised expenditure

           Division 3--Investment and borrowing

   112.    Council is statutory body
   115.    Members' liability for unauthorised borrowings

           Division 4--Annual statements and report

   116.    Preparation of annual financial statements
   117.    Financial statements to be submitted to auditor-general
   118.    Presentation, tabling etc. of annual financial statements
   119.    Annual report
   120.    Annual report to be adopted by the council
   121.    Copies of annual report to be given to Minister and available for inspection and purchase
   121A.   Chief executive may require information from council

           Division 5--Audit

   122.    Auditor-general to conduct audits
   125.    Auditor-general to audit accounts of superannuation schemes
   126.    General reporting provisions

           Division 6--Standards

   127.    Financial management standards
           P
           ART
           5 M
           ISCELLANEOUS
   132.    Publication of proclamations and orders in council
   133.    Regulation-making power
   134.    Resumption of land by council
   135.    References to vice mayor
   136.    Application of certain provisions

           Part 6--Transitional provisions

           Division 1--Transitional provision for Local Government Legislation Amendment Act 2003

   137.    Transitional provision for Local Government Legislation Amendment Act 2003—general charges

           Division 2--Transitional provisions for Local Government and Other Legislation Amendment Act 2005

   137A.   Adoption of procurement and asset disposal plans for
   137B.   Transitional provisions for old contracting provisions
           P
           ART
           7 V
           ALIDATION PROVISIONS
   138.    Validation provision for Local Government and Other Legislation Amendment Act 2003
           S
           CHEDULE
           1 A
           PPEALS
           1. Positions to be advertised
           2. Composition of appeal board
           3. Unsuccessful applicants, when to be informed of result of application for classified office
           4. Form of notice of appeal
           5. Where to be forwarded
           6. Dealing with notice of appeal
   7.      Fixation of hearing
   8.      Notice of hearing—form of notice of hearing
   9.      Town clerk to notify appointment of representative
   10.     Union to notify appointment of representative
   11.     Withdrawal of appeal
   12.     Procedure
   13.     Appellants and town clerk to supply names of witnesses
   14.     Leave to be granted to witnesses etc.
   15.     Relative papers to be available for appellant
   16.     Evidence to be taken in presence of appellant
   17.     Record of proceedings
   18.     Public or private appeal, and representation
   19.     Duty of board
   20.     Evidence and decision on appeal to be forwarded to council or committee
   21.     Powers of committee in respect of appeals under section 25C of this Act, and committee's decision
   22.     Decision in respect of appeal to be notified to appellant
   23.     Decision of appeal board final in respect of appeals under section 25D of this Act
   23A.    Compensation in lieu of reinstatement
   23B.    Preservation of rights of employee
   24.     Travelling expenses
   25.     Council not responsible for expenses of appellant's witnesses
   26.     Claims to be submitted to chairperson
   27.     Expenses to appellant
   28.     Expenses of board, by whom paid
   29.     Meaning of term establishment and coordination committee
   30.     Reports etc. may be tabled
           SCHEDULE 2 DICTIONARY
           Endnotes