CITY OF BRISBANE ACT 2010

Queensland Consolidated Acts

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CITY OF BRISBANE ACT 2010

TABLE OF PROVISIONS

Long Title

Contents

CHAPTER 1--PRELIMINARY

1. Short title
2. Commencement
3. Purpose of this Act
4. Local government principles underpin this Act
5. Relationship with Local Government Act
6. Definitions

CHAPTER 2--BRISBANE CITY COUNCIL

Part 1--City of Brisbane

7. City of Brisbane

Part 2--Council constitution, responsibilities and powers

8. What this part is about
9. The Brisbane City Council's responsibility for Brisbane
10. Brisbane City Council is a body corporate
11. Powers of council generally
12. Power includes power to conduct joint government activities
13. Who the council is constituted by
14. Responsibilities of councillors
15. Responsibilities of council employees

Part 3--Wards of Brisbane

16. What this part is about
17. Wards of Brisbane
18. Review of wards of Brisbane

Part 4--Changing Brisbane area or representation

Division 1--Introduction

19. What this part is about

Division 2--The process for change

20. Who may start the change process
21. Assessment
22. Implementation
23. Decisions under this division are not subject to appeal

CHAPTER 3--THE BUSINESS OF THE COUNCIL

Part 1--Statutory committees and council meetings

Division 1--Statutory committees of the council

24. Establishment and Coordination Committee

Division 2--Meetings of the council or its committees

25. Chairperson of the council
26. Mayor as member of standing committees of the council

Part 2--Local laws

Division 1--Introduction

27. What this part is about
28. Interaction with State laws

Division 2--Making, recording and reviewing local laws

29. Power to make a local law
30. Local law making process
31. State interest check
32. Notice of new local law
33. Expiry of interim local law revives previous law
34. Local law register
35. Consolidated versions of local laws
36. Regular review of local laws

Division 3--Local laws that can not be made

37. What this division is about
38. Network connections
39. Election advertising
40. Development processes
41. Anti-competitive provisions
41A. Swimming pool safety

Division 4--Action by the Minister about particular local laws

42. Suspending or revoking particular local laws

Division 5--Miscellaneous

42A. Local law about seizing and disposing of personal property

Part 3--Beneficial enterprises and business activities

Division 1--Beneficial enterprises

43. What this division is about
44. Conducting beneficial enterprises
45. Register of beneficial enterprises
46. Planning for a beneficial enterprise with the private sector

Division 2--Business reform, including competitive neutrality

47. What this division is about
48. Ways to apply the competitive neutrality principle
49. Identifying significant business activities
50. Assessing public benefit
51. Code of competitive conduct
52. Competitive neutrality complaints

Division 3--Responsibilities and liabilities of employees of corporate entities

53. Director's duty to disclose interest in a matter
54. Obligations of a corporate entity's employees
55. Corporate entity must not insure against certain liabilities of employees
56. When a corporate entity is not to indemnify employees
57. Prohibition on loans to directors
58. Duty to prevent insolvent trading
59. Order for examination of persons concerned with corporate entities
60. Examination of persons concerned with corporate entities
61. Relief from liability for malpractice
62. False or misleading information

Division 4--Other matters relating to corporate entities

63. Application of other Acts to a corporate entity
64. State taxes

Part 4--Roads and other infrastructure

Division 1--Roads

65. What this division is about
66. Control of roads
67. Notice of intention to acquire land to widen a road
68. Compensation for a notice of intention to acquire land
69. Appeal on a claim for compensation
70. Acquisition of land instead of compensation
71. What is to happen if a realignment is not carried out
72. Compensation if realignment not carried out
73. Acquiring land for use as a footpath
74. Notice to the council of opening or closing of roads
75. Closing roads
76. Temporary roads
77. The Brisbane River
78. Road levels
79. Assessment of impacts on roads from certain activities
80. Categorisation of roads
81. Roads map and register
82. Unauthorised works on roads

Division 2--Stormwater drains

83. What this division is about
84. Connecting stormwater installation to stormwater drain
85. No connecting sewerage to stormwater drain
86. No trade waste or prohibited substances in stormwater drain
87. Interference with path of stormwater

Division 3--Other infrastructure

88. Malls
89. City Botanic Gardens
90. Resumption of prescribed land by council
91. Ferry services
92. Materials in infrastructure are council property

Part 5--Caretaker period arrangements

92A. Caretaker period
92B. Prohibition on major policy decision in caretaker period
92C. Invalidity of major policy decision in caretaker period without approval
92D. Prohibition on election material in caretaker period

CHAPTER 4--FINANCES AND ACCOUNTABILITY

Part 1--Rates and charges

93. What this part is about
94. Types of rates and charges
95. Land on which rates are levied
96. Power to levy rates and charges
97. Overdue rates and charges are a charge over rateable land
98. Regulations for rates and charges

Part 2--Fees

99. Cost-recovery fees
100. Register of cost-recovery fees
101. Fees on occupiers of land below the high-water mark

Part 3--Financial sustainability and accountability

102. Statutory Bodies Financial Arrangements Act applies to council
103. Systems of financial management
104. Approval of budget

Part 4--Councillors' financial accountability

105. What this part is about
106. Councillor's discretionary funds
107. Councillors liable for improper disbursements
108. Councillors liable for loans to individuals
109. Councillors liable for improper borrowings

CHAPTER 5--MONITORING AND ENFORCING THE LOCAL GOVERNMENT RELATED LAWS

Part 1--The council

110. What this part is about
111. Decisions under this part are not subject to appeal
112. Gathering information
113. Acting on the information gathered

Part 2--The public

Division 1--Powers of authorised persons
Subdivision 1--Introduction

114. What this division is about
115. Producing authorised person's identity card
Subdivision 2--Power to require a person's name and address
116. Power to require a person's name and address
Subdivision 3--Powers to enter property etc.
117. Entering a public place that is open without the need for permission
118. Entering private property with, and in accordance with, the occupier's permission
119. Entering private property with, and in accordance with, a warrant
120. Warrants—applications made electronically
121. Entering under an application, permit or notice
122. Entering property under an approved inspection program
123. Approving an inspection program
123A. Entry by authorised person, at reasonable times, to inspect regulated pools
124. General powers after entering a property
125. Authorised person to give notice of damage
126. Compensation for damage or loss caused after entry

Division 2--Powers of other persons

127. What this division is about
128. Identity card for council workers
129. Entry with, and in accordance with, permission of occupier
130. Entry by an owner, with reasonable written notice, under a remedial notice
131. Occupier may discharge owner's obligations
132. Entry by a council worker, with reasonable written notice, under a remedial notice
133. Entry by a council worker, with reasonable written notice, to take materials
134. Entry by a council worker, at reasonable times, to repair etc. facilities
135. Entry by a council worker, at any time, for urgent action
136. Entry with, and in accordance with, a court order
137. Compensation for damage or loss caused
138. Limitation of time in absence of notice of work done

Part 3--Investigation of council records

Division 1--Introduction

139. What this part is about

Division 2--Investigations by department

140. Producing authorised officer's identity card
141. Making of inquiries for department
142. Power to require information or document for department investigation

Division 3--Investigations by council

143. Producing authorised person's identity card
144. Making of inquiries for council
145. Power to require information or document for council investigation
146. Referral to department
147. Chief executive officer not subject to direction

Part 4--Offences

148. Obstructing enforcement of this Act or local laws etc.
149. Impersonating an authorised person
150. Duty to make documents available

CHAPTER 6--ADMINISTRATION

Part 1--Introduction

151. What this chapter is about

Part 2--Councillors

Division 1--Qualifications of councillors

152. Qualifications of councillors
153. Disqualification for certain offences
154. Disqualification of prisoners
155. Disqualification because of other high office
156. Disqualification during bankruptcy
157. Judicial review of qualifications
158. Acting as councillor without authority

Division 2--Councillor's term of office

159. When a councillor's term starts
160. When a councillor's term ends

Division 3--Vacancies in councillor's office

161. What this division is about
162. When a councillor's office becomes vacant
163. When a vacancy in an office must be filled
164. Filling a vacancy in the office of mayor
165. Acting mayor
166. Filling a vacancy in the office of another councillor

Division 4--Councillors with other jobs

167. Councillors and council jobs
168. Councillors and full-time government jobs

Division 5--Obligations of councillors

169. Obligations of councillors before acting in office
170. Giving directions to council staff
171. Requests for help or advice
172. Inspection of particular records by councillors
173. Use of information by councillors
174. Councillor's material personal interest at a meeting
175. Councillor's conflict of interest at a meeting
176. Duty to report another councillor's material personal interest, conflict of interest or misconduct
177. Post-election meetings

Division 6--Conduct and performance of councillors

178. What this division is about
179. BCC councillors code of conduct
180. Assessing complaints
180A. Preliminary dealings with complaints before hearing
181. Notifying councillor of the hearing of a complaint
182. Hearing and deciding complaints
183. Taking disciplinary action—BCC councillor conduct review panel
183A. Taking disciplinary action—tribunal
184. Costs of tribunal to be paid by council
185. Inappropriate conduct in meeting of council
186. Application of Crime and Misconduct Act

Part 3--BCC councillor conduct review panel

187. Appointing members of the BCC councillor conduct review panel
188. Remuneration and appointment conditions of members
189. Conflict of interests

Part 4--Council employees

Division 1--Chief executive officer

190. Appointing a chief executive officer
191. Appointing an acting chief executive officer

Division 2--Other council employees

192. Appointing senior contract employees
193. Appointing other council employees
194. Disciplinary action against council employees

Division 3--Common provisions

195. Concurrent employment of council employees
196. Improper conduct by council employees
197. Use of information by council employees
198. Annual report must detail remuneration

Part 5--Authorised persons

199. Appointing authorised persons
200. End of appointment of authorised persons
201. Identity card for authorised persons
202. Authorised persons must disclose change in criminal history
203. Chief executive officer may obtain report from police commissioner
204. Use of criminal history information

CHAPTER 7--OTHER PROVISIONS

Part 1--Way to hold a hearing

205. What this part is about
206. Procedures at hearing
207. Witnesses at hearings
208. Contempt at hearing

Part 2--Superannuation

209. What this part is about
210. Super scheme for councillors
211. Superannuation scheme for council employees and associated persons
212. Super schemes to be audited by auditor-general

Part 3--Allocating Commonwealth funding to council

213. Allocating Commonwealth funding
214. Decisions under this division are not subject to appeal

Part 4--Legal provisions

215. False or misleading information
216. Administrators who act honestly and without negligence are protected from liability
217. Who is authorised to sign council documents
218. Name in proceedings by or against council
219. Service of documents on council
220. Substituted service
221. Local government related laws requiring a statement of a law
222. Acting for council in legal proceedings
223. Attempt to commit offence
224. Types of offences under this Act
225. Time to start proceedings in a summary way
226. Decisions not subject to appeal
227. Judges and other office holders not disqualified from adjudicating
228. Where fines are to be paid to
229. Evidence of local laws
230. Evidence of proceedings of council
231. Evidentiary value of copies
232. Evidentiary value of certificates
233. Evidence of directions given to council
234. Evidence of complainant's knowledge of matter
235. Constitution and limits of council need not be proved

Part 5--Delegation of powers

236. Delegation of Minister's powers
237. Delegation of department's chief executive's powers
238. Delegation of council powers
239. Delegation of chief executive officer's powers
240. Council delegations register

Part 6--Other provisions

241. Public office of the council
242. Powers in support of responsibilities
243. Validity of council proceedings
244. Requirements for particular guidelines
245. Insurance to cover councillors
246. Special entertainment precincts
247. Land registry searches free of charge
248. Approved forms
249. Review of this Act
250. Process for administrative action complaints
251. Information for the Minister
252. Regulation-making power

CHAPTER 8--REPEAL, TRANSITIONAL AND SAVINGS PROVISIONS

Part 1--Repeals

253. Repeal

Part 2--Transitional and savings provisions for Act No. 23 of 2010

254. What this part is about
255. Brisbane City Council continued
256. Local laws
257. Decisions under repealed Acts
258. Established malls
259. Proceedings and evidence
260. Super trust deed
261. Registers
262. References to repealed Acts

Part 3--Transitional provision for Personal Property Securities (Ancillary Provisions) Act 2010

265. Effect of regulation amendment

Part 4--Transitional provision for Revenue and Other Legislation Amendment Act 2011

266. Continued superannuation scheme for council employees
SCHEDULE -- DICTIONARY
Endnotes

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