Search

Queensland Consolidated Acts

Search AustLII

▼
Search Options
  • Advanced Search…
×
Close
  • Specific Year
    Any

CITY OF BRISBANE ACT 2010 - As at 1 February 2024 - Act 23 of 2010

- As at 1 February 2024 - Act 23 of 2010

Table of Provisions

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

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

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

Division 5 - Miscellaneous

  • 42A Local law about seizing and disposing of personal property
  • 42B Owners’ liability for party houses

PART 3 - BENEFICIAL ENTERPRISES AND BUSINESS ACTIVITIES

Division 1 - Beneficial enterprises

  • 43 What this division is about
  • 44 Conducting beneficial enterprises
  • 45 Identifying beneficial enterprises
    • 46. (Repealed)

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 - (Repealed)

Division 4 - (Repealed)

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
  • 96A (Expired)
  • 96B (Expired)
  • 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 PLANNING 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

CHAPTER 5 - MONITORING AND ENFORCING THE LOCAL GOVERNMENT RELATED LAWS

PART 1 - (Repealed)

PART 2 - MONITORING AND ENFORCEMENT POWERS

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
  • 127A Notices for this division
  • 128 Identity card for use under this division
  • 129 Entry with, and in accordance with, permission of occupier
  • 130 Entry by an owner, with reasonable entry notice, under a remedial notice
  • 131 Occupier may discharge owner’s obligations
  • 132 Entry by a council worker, with reasonable entry notice, under a remedial notice
  • 133 Entry by a council worker, with reasonable entry 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 or if dismissed
  • 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
  • 158A Councillor must give notice of disqualification

Division 2 - Councillor’s term of office

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

Division 5 - Obligations of councillors

Division 5A - Councillors’ conflicts of interest

Subdivision 1 - Preliminary
  • 177A Purpose of division
  • 177B When does a person participate in a decision
  • 177C Personal interests in ordinary business matters of council
    • Subdivision 2 - Prescribed conflicts of interest
  • 177D When councillor has prescribed conflict of interest—particular gifts or loans
  • 177E When councillor has prescribed conflict of interest—sponsored travel or accommodation benefits
  • 177F When councillor has prescribed conflict of interest—other
  • 177G Who is a close associate of a councillor
  • 177H Councillor must not participate in decisions
  • 177I Obligation of councillor with prescribed conflict of interest
  • 177J Dealing with prescribed conflict of interest at a meeting
    • Subdivision 3 - Declarable conflicts of interest
  • 177K What is a declarable conflict of interest
  • 177L Interests that are not declarable conflicts of interest
  • 177M Who is a related party of a councillor
  • 177MA Councillor must not participate in decisions unless authorised
  • 177N Obligation of councillor with declarable conflict of interest
  • 177O Procedure if meeting informed of councillor’s personal interests
  • 177P Procedure if councillor has declarable conflict of interest
  • 177Q Decisions of eligible councillors
    • Subdivision 4 - Other matters
  • 177R Procedure if no quorum for deciding matter because of prescribed conflicts of interest or declarable conflicts of interest
  • 177S Minister’s approval for councillor to participate or be present to decide matter
  • 177T Duty to report another councillor’s prescribed conflict of interest or declarable conflict of interest
  • 177U Obligation of councillor if conflict of interest reported under s 177T
  • 177V Offence to take retaliatory action
  • 177W Councillor with prescribed conflict of interest or declarable conflict of interest must not influence others
  • 177X Records about prescribed conflicts of interest or declarable conflicts of interest—meetings

Division 6 - (Repealed)

Division 7 - (Repealed)

Division 8 - Automatic suspension of councillors

  • 186B Automatic suspension for certain offences
  • 186C When a person is charged with disqualifying offence and proceeding is started
  • 186D Obligation to give notice if charged with disqualifying offence
  • 186E Effect of councillor’s suspension
  • 186F When suspension of councillor ends

Division 9 - Criminal history information

  • 186G Criminal history report
  • 186H Confidentiality of criminal history information

PART 3 - (Repealed)

PART 4 - COUNCIL EMPLOYEES, COUNCILLOR ADVISORS ETC.

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 executive employees
  • 193 Appointing other council employees
  • 194 Disciplinary action against council employees

Division 2A - Councillor advisors

  • 194A Appointment and functions of councillor advisors
  • 194B When appointment ends
  • 194C Regulation may prescribe particular matters relating to councillor advisors

Division 3 - Common provisions

PART 4A - OBLIGATIONS OF COUNCILLORS AND COUNCILLOR ADVISORS

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 part 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. (Repealed)
  • 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 5A - PROVISIONS FOR 2020 QUADRENNIAL ELECTION

  • 240A Minister may give directions about filling vacancies in office of councillors
  • 240B (Expired)

PART 5B - (Expired)

PART 6 - OTHER PROVISIONS

  • 241 Public office of the council
  • 242 Powers in support of responsibilities
  • 243 Validity of council proceedings
  • 244 Acceptable requests guidelines
  • 245 Insurance to cover councillors
  • 246 Special entertainment precincts
  • 247 Land registry searches free of charge
  • 248 Approved forms
    • 249. (Repealed)
  • 250 Process for administrative action complaints
  • 250A Advisory polls
  • 251 Information for the Minister
  • 252 Regulation-making power

CHAPTER 8 - REPEAL, TRANSITIONAL, SAVINGS AND VALIDATION PROVISIONS

PART 1 - REPEALS

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
    • 263. (Repealed)
  • 264 (Expired)
    • 265. (Repealed)

PART 4 - TRANSITIONAL PROVISION FOR REVENUE AND OTHER LEGISLATION AMENDMENT ACT 2011

  • 266 Continued superannuation scheme for council employees

PART 5 - TRANSITIONAL PROVISIONS FOR LOCAL GOVERNMENT AND OTHER LEGISLATION AMENDMENT ACT 2012

  • 267 Change in dealing with complaints
  • 268 Change in process for making local laws

PART 6 - VALIDATION PROVISION FOR SUSTAINABLE PLANNING (INFRASTRUCTURE CHARGES) AND OTHER LEGISLATION AMENDMENT ACT 2014

  • 269 Validation of rates charged

PART 7 - TRANSITIONAL PROVISIONS FOR PLANNING (CONSEQUENTIAL) AND OTHER LEGISLATION AMENDMENT ACT 2016

  • 270 Definitions for part
  • 271 Existing development application—resumption of particular land
  • 272 Entry under existing application, permit or notice
  • 273 Existing remedial notice
  • 274 Existing inside information
  • 275 Existing unpaid fine—where fine to be paid to

PART 8 - VALIDATION PROVISION FOR PARTICULAR RATES AND CHARGES

  • 276 Validation of rates and charges

PART 9 - TRANSITIONAL PROVISIONS FOR LOCAL GOVERNMENT ELECTORAL (IMPLEMENTING STAGE 1 OF BELCARRA) AND OTHER LEGISLATION AMENDMENT ACT 2018

  • 277 Disqualifying offence committed before commencement
  • 278 Existing charge for disqualifying offence
  • 279 Existing conviction for new disqualifying offence

PART 10 - TRANSITIONAL PROVISIONS FOR LOCAL GOVERNMENT ELECTORAL (IMPLEMENTING STAGE 2 OF BELCARRA) AND OTHER LEGISLATION AMENDMENT ACT 2019

Division 1 - Transitional provisions for new disqualifying offences

  • 280 Definitions for division
  • 281 New disqualifying offence committed before commencement
  • 282 Existing charge for new disqualifying offence
  • 283 Existing conviction for new disqualifying offence

Division 2 - Transitional provisions for councillor conduct

  • 286 Definitions for division
  • 287 Existing complaints not assessed
  • 288 Existing inappropriate conduct and misconduct complaints
  • 289 Existing orders taken into account
  • 290 Dealing with particular pre-commencement complaints or conduct
  • 291 Model procedures apply until procedures adopted
  • 292 Process if no investigation policy
  • 293 Offences against s 215 charged before commencement

PART 11 - TRANSITIONAL PROVISIONS FOR ELECTORAL AND OTHER LEGISLATION (ACCOUNTABILITY, INTEGRITY AND OTHER MATTERS) AMENDMENT ACT 2020

  • 294 Existing senior contract employees
  • 295 Proceedings for repealed integrity offences
  • 296 Continuation of Minister’s approval for councillor to participate or be present to decide matter
  • 297 Remuneration commission’s recommendation not required for initial regulation
  • 298 Application of s 198A for councillors

PART 12 - TRANSITIONAL PROVISION FOR LOCAL GOVERNMENT ELECTORAL AND OTHER LEGISLATION (EXPENDITURE CAPS) AMENDMENT ACT 2023

  • 299 Application of s 174—elections held on or after introduction day and before 2024 quadrennial election

Navigate

Download

Cited By

Join the discussion