Queensland Consolidated Acts
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LOCAL GOVERNMENT ACT 1993
TABLE OF PROVISIONS
Long Title
Contents
CHAPTER 1--PRELIMINARY
Part 1--Introduction
1. Short title
Part 2--Objects
2. Objects of this Act
Part 3--Interpretation
3. Definitions
4. Meaning of owner of land
5. Meaning of conclusion of local government election
6. Meaning of material personal interest
7. Meaning of open to inspection
8. Documents open to inspection not to contain information about protected persons
Part 4--Application of Act to Brisbane City Council
9. Act applies only so far as expressly provided
10. How local government Acts apply to Brisbane City Council
Part 5--Application of Act to joint local governments
11. Act applies except so far as application displaced
12. How Act applies to joint local governments
CHAPTER 2--THE LOCAL GOVERNMENT SYSTEM
Part 1--Local governments
Division 1--Local government areas
15. Areas
16. Declaration of local government areas
17. Local government required for each local government area
18. Declaration of classes of local government areas
Division 2--Roles of local governments
19. Application to Brisbane City Council
20. Roles of local government
Division 3--Jurisdiction of local governments
21. Application to Brisbane City Council
22. Exercise of jurisdiction for its local government area—the basic territorial unit
23. Exercise of jurisdiction outside its local government area—the additional territorial units
24. Territorial unit of local government
25. Jurisdiction of local government
26. Law-making matters included in jurisdiction of local government
27. Limitation on exercise of jurisdiction for basic territorial unit
28. Limitation on exercise of jurisdiction for additional territorial units
29. Local laws and policies apply to additional territorial units only if expressly applied
30. General limitations on exercise of jurisdiction
31. Inconsistency with State law
Division 4--Number of councillors
32. Number of councillors
Division 5--Names, legal status and general powers of local governments
33. Local government name
34. Constitution
35. Proceedings
36. General powers
Division 6--Other provisions about local governments
37. Site of public office
38. Execution of documents by local governments
38A. Liability does not attach to councillors etc. acting honestly
Part 2--Joint local governments
Division 1--Extended application of part
39. Application of part to Brisbane City Council
Division 2--Consultation
41. Consultation before exercise of powers under part
Division 3--Joint local government areas
42. Declaration of joint local government areas
Division 4--Establishment and operation of joint local governments
43. Establishment
44. Regulations about establishment and operation of joint local governments
Division 5--Jurisdiction of joint local governments
45. Jurisdiction generally
46. Jurisdiction exclusive
Division 6--Membership of joint local governments
47. Members
48. Number of representatives etc.
Division 7--Legal status and general powers of joint local governments
49. Constitution
49A. Proceedings
50. General powers
51. Restriction on power to make or levy rate
52. Delegation to component local governments
Division 8--Other provisions about joint local governments
53. Execution of documents by joint local governments
53A. Liability does not attach to members acting honestly
54. Adjustments between joint local government and component local governments
Part 3--Joint action by local governments
Division 1--Extended application of part
55. Application of part to Brisbane City Council
Division 2--Joint action
57. Joint responsibility for boundary works
58. Extension of operations outside local government area
59. Cooperation between local governments
60. Interstate cooperation
CHAPTER 3--INTERACTION WITH THE STATE
Part 1--Reviewable local government matters
Division 1--Preliminary
61. Application of part to Brisbane City Council
62. Definitions for pt 1
63. Meaning of owner of land for pt 1
64. Meaning of reviewable local government matter
65. Meaning of limited reviewable local government matter
Division 2--Local Government Electoral and Boundaries Review Commissions
Subdivision 1--Establishment, constitution and functions of commissions
66. Establishment
67. Constitution
68. Functions
Subdivision 2--Business and meetings of commissions
69. Conduct of business
70. Times and places of meetings
71. Quorum at meetings
72. Presiding member
73. Voting at meetings
74. Disclosure of interests by members of expanded commission
75. Additional provisions for disclosure of interests by commissioner and deputy commissioner
Subdivision 3--Miscellaneous
76. Resignation and removal
Division 3--References of, and applications for, reviewable local government matters
Subdivision 1--References to commissioner by Minister
77. Minister may refer certain reviewable local government matters to commissioner
78. References of reviewable local government matters to be tabled etc.
79. Request by commissioner for reference
Subdivision 2--Applications to commissioner by local governments
80. Limited reviewable local government matters
Division 4--Procedures for major and minor references of reviewable local government matters
Subdivision 1--Preliminary
81. References of reviewable local government matters
82. Appointment of additional review commissioners
83. Commissions may declare major references
84. Commissions must have regard to prescribed issues
85. Restrictions on determinations for City of Brisbane
Subdivision 2--Major references of reviewable local government matters
86. Application of subdivision
87. Commission may make inquiries
88. Preliminary procedures for certain references
89. Determination not to implement matter
90. Public notice of proposed determination to implement matter
91. Commission to consider submissions
92. Holding of referendum
93. Making final determination and preparation of report
94. Notification of determination and report to Minister
95. Implementation of matter on commission's report
96. Implementation of matter at request of Legislative Assembly
Subdivision 3--Minor references of reviewable local government matters
97. Application of subdivision
98. Commission may make inquiries
99. Determination not to implement matter
100. Notice of proposed determination to implement matter and recommendations
101. Commission to consider submissions
102. Making final determination and preparation of report
103. Notification of determination and report to Minister
104. Implementation of matter
Division 5--Limited reviewable local government matters
105. Application of division
106. Commission may make inquiries
107. Commission must have regard to prescribed issues
108. Restriction on determination to implement matter
109. Action after determination to implement matter
110. Action after determination not to implement matter
111. Implementation of matter
Division 6--Inquiries by expanded commissions
Subdivision 1--General
112. Expanded commission may decide to hold inquiry for certain matters
113. Notice of decision to hold inquiry
Subdivision 2--Conduct of inquiries
114. Presiding member
115. Commission's duties on inquiry
116. Commission may decide procedures
117. Public may attend
118. Commission's powers on inquiry
119. Notice to witness
120. Duty of witness at inquiry
121. Contempt
122. Change of commission members
Division 7--Referendums
Subdivision 1--Preliminary
123. Application of div 7
124. Approving or opposing referendum question
Subdivision 2--Holding referendums
125. Wording of referendum question
126. Appointment and role of returning officers for referendum
127. Referendum day
128. Notice of referendum day and other information
129. Voters rolls
130. Voters roll to be open to inspection and purchase
131. Explanatory statement
132. Commission may request information from local government
133. Giving statements to affected electors and display of statements and proposed determination
134. Local government views on referendum
135. Compulsory voting
136. Conduct of referendum
Subdivision 3--Replacement provisions
137. Preliminary
138. Direction that poll be conducted by postal ballot
139. Ballot papers
140. Mode of voting
141. Effect of ballot paper
142. Scrutineers
Subdivision 4--Miscellaneous
143. Referendum cost
144. Proof of voters roll
Division 8--Provisions about commission members
Subdivision 1--Commissioner and deputy commissioner
145. Commissioner may direct deputy commissioner to perform commissioner's functions
Subdivision 2--Appointment, and duration of appointment, of review commissioners
146. Appointment
147. Duration of appointment
Subdivision 3--Terms of appointment, resignation and termination of appointment of certain commission members
148. Definition for sdiv 3
149. Terms of appointment
150. Resignation
151. Termination of appointment
Division 9--Miscellaneous
152. Staff and administrative support
153. Annual reports
154. Certain reports to be tabled etc.
155. Reports open to inspection and available for purchase
156. Additional procedures may be prescribed by regulation
Division 10--Implementing reviewable local government matters
157. Implementation of reviewable local government matter
158. Requirement before implementation
159. Liability for State taxes
Part 1A--Whole of Queensland local government boundaries reform
Division 1--Preliminary
159A. Application of pt 1A
159B. Objective of pt 1A
159C. Achieving objective of pt 1A
159D. Definitions for pt 1A
159E. Suspension of particular actions while part 1A processes operate
Division 2--The Local Government Reform Commission
Subdivision 1--Establishment
159F. Establishment of reform commission
Subdivision 2--Reform commissioners
159G. Appointment
159H. Eligibility for appointment
159I. Duration of appointment
159J. Terms and conditions of appointment
159K. Resignation
159L. Termination of appointment
159M. Effect of appointment to fill vacancy
159N. Disclosure of interests
Subdivision 3--Meetings and other business of reform commission
159O. Conduct of business
159P. Decisions outside meetings
Subdivision 4--Staff and other assistance to reform commission
159Q. Administrative support
159R. Supply of information about current reviewable local government matters
Division 3--Review and recommendations
Subdivision 1--Reform commission
159S. Functions of reform commission
159T. Particular requirements for reform commission's performance of its functions
159U. Terms of reference
159V. General powers
Subdivision 2--The State
159W. Minister
Division 4--Miscellaneous
159X. Review of particular decisions and actions
159Y. Expiry of pt 1A
Part 1B--Implementation of whole of Queensland local government boundaries reform
Division 1--Preliminary
159YA. Application of pt 1B
159YB. Objectives of pt 1B
159YC. Operation of pt 1B in relation to pt 1
159YD. Definitions for pt 1B
159YE. Changeover day
Division 2--Establishment of new local government areas and adjustments of local government areas
Subdivision 1--Preliminary
159YF. Operation of sch 1A
Subdivision 2--New local government areas
159YG. Establishment of new local government areas (sch 1A, pt 1)
159YH. Operation of sch 1A, pt 1
159YHA. Particular entities go out of existence
Subdivision 3--Adjusted local government areas
159YI. Transfer of transferring areas
159YJ. Operation of sch 1A, pt 2
Subdivision 4--Continuing local government areas
159YK. Changes applying to continuing local government areas
159YL. Operation of sch 1A, pt 3
Subdivision 5--Regulations supporting divisions 2 to 4
159YM. Limit of division arrangements regulation
159YN. Regulation for declaring information about local governments
Subdivision 6--Division boundaries for new, adjusted and continuing local government areas
159YO. Commissioner to decide division boundaries
159YP. Review of commissioner's decision
Division 3--Implementation of reform matters
159YQ. Reform implementation regulations
159YQA. Other transitional regulation-making power
Division 4--Local transition committees
Subdivision 1--Local transition committees for new local government areas
159YR. Establishment and composition of local transition committees for new local governments
159YS. Guidelines for local transition committees
159YT. Responsibility to act in public interest
159YU. Functions of local transition committee
159YV. First meeting of local transition committee and public notification
159YW. Appointment of interim chief executive officer for new local government
159YX. Employment subcommittee
Subdivision 2--Transferring area local transition committees
159YY. Establishment and composition of transferring area local transition committees
159YZ. Functions of transferring area local transition committee
Division 5--Transition action plans
159Z. Transition action plans for new local government area
159ZA. Guidelines for transition action plans
Division 6--Interim chief executive officers
159ZB. Functions of interim chief executive officer before changeover day
159ZC. Responsibility of chief executive officer to help interim chief executive officer
159ZD. Functions of interim chief executive officer from changeover day
Division 7--Employment matters
159ZE. Definition for div 7
159ZF. Application of div 7
159ZG. Prohibition on retrenchment because of reform matter implementation
159ZH. Local government workforce transition code of practice
159ZI. When workforce transition code of practice takes effect
Division 8--2008 quadrennial elections for all local government areas
159ZJ. Quadrennial elections in 2008 to be held on 15 March instead of 29 March
159ZK. Holding of 2008 quadrennial elections
159ZL. Conduct of 2008 quadrennial elections by electoral commission
159ZM. Changed application of s 220 for Northern Peninsula Area and Torres Strait Island regional councils
159ZN. Other changes to ch 5 for type 1, 2 and 3 elections
159ZO. Changed references to particular matters
Division 9--State intervention powers
159ZP. Definition for div 9
159ZQ. Giving of directions under div 9
159ZR. Directions by chief executive
159ZS. Powers of Minister
159ZT. Compliance with direction
Division 10--Special arrangements for transition period
159ZU. Definition for div 10
159ZV. Application of div 10
159ZW. Prohibition on major policy decision in transition period
159ZX. Invalidity of major policy decision in transition period if decision revoked
Division 11--Miscellaneous
159ZZ. State Transition Committee
159ZZA. Expiry of pt 1B
Part 1C--Particular provisions for implementation of reform matters for indigenous regional councils
Division 1--Preliminary
159ZZB. Application of pt 1B definitions
159ZZC. Definitions for pt 1C
Division 2--Torres Strait Island Regional Council
159ZZD. Particular entities go out of existence
159ZZE. TSIRC jurisdiction extends to Island custom
159ZZF. Changed application of ss 220 and 254
Division 3--Northern Peninsula Area Regional Council
159ZZG. Particular entities go out of existence
159ZZH. NPARC jurisdiction extends to Aboriginal tradition and Island custom
Division 4--Indigenous regional councils generally
Subdivision 1--Community forums
159ZZI. Function of community forum
159ZZJ. Establishing community forums
159ZZK. Mayor or mayoral candidate ineligible for community forum membership
159ZZL. Payment of expenses to ordinary members of community forum
159ZZM. Community forum convenor
159ZZN. Functions of community forum convenor
159ZZO. Meetings open to public
Subdivision 2--Management of community deeds of grant in trust
159ZZP. Indigenous regional council as trustee of community deed of grant in trust
159ZZQ. Restrictions on exercise of indigenous regional council's powers as trustee under Land Act
159ZZR. Mayor does not vote at meetings of trustee
159ZZS. Community forum constituted as land panel
159ZZT. Convenor for land panel
159ZZU. Functions of convenor for land panel
159ZZV. Trustee decisions
159ZZW. Land panel participation in making of trustee decision
159ZZX. Special requirements for absolute majority and for agreement of councillor for relevant division
159ZZY. Seeking advice and views other than about trustee decision
159ZZZ. Meetings of trustee to be open to the public unless otherwise resolved
159ZZZA.Grouping of trust land not available
Subdivision 3--Other matters
159ZZZB.Extended jurisdiction
159ZZZC.Additional reasons for appointment of financial controller
159ZZZD.Revocation or suspension of particular resolutions or orders
159ZZZE.Councillor to chair community forum
159ZZZF.Special accounting provision for particular payments
159ZZZG.Power of indigenous regional council to make and levy charge on residents
159ZZZH.Limited application of ch 14
159ZZZI.Disposal of land
Part 2--Intervention by the State
Division 1--Powers of intervention
160. Procedures before exercise of certain powers
161. Revocation and suspension of resolutions and orders
162. Effect of revocation or suspension
163. Overruling local laws and subordinate local laws etc.
164. Dissolution of local government
165. Exclusion of part of local government area from Act
166. Abolition of joint local government and its area
Division 2--Inquiries, investigations and inspections
167. Inquiries, investigations and inspections by authorised persons
168. Reports on inquiries, investigations and inspections
169. Chief executive may request information from local government
Division 3--Conduct of inquiries
170. Authorised person's duties on inquiry
171. Authorised person may decide procedures
172. Public may attend
173. Authorised person's powers on inquiry
174. Notice to witness
175. Duty of witness at inquiry
176. Contempt of authorised person
177. Change of authorised person
Division 4--Administrators
178. When administrator must be appointed
179. Jurisdiction, powers and duties of administrator
180. Title of administrator
181. Committee to help administrator
182. Conditions of appointment as administrator or member of committee
183. Recovery of amounts from local governments
184. Role of committee
185. Decision by Minister on referral by administrator
186. Procedures of committee
187. Termination of administrator's appointment
188. Termination of appointment of committee member etc.
Division 5--Financial controllers
188A. Procedures before appointment of financial controller
188B. Appointment of financial controller
188C. Functions of financial controller
188D. Power of financial controller to advise chief executive about resolution or order
188E. Countersigning cheques and authorising electronic funds transfers
188F. Local government to cooperate with financial controller
188G. Financial controller's employment conditions
188H. Recovery of amounts from local government
Part 3--Local Government Grants Commission
Division 1--Extended application of part
189. Application of part to Brisbane City Council
Division 2--Commission membership
191. Local Government Grants Commission and its members
192. Appointments
193. Vacation of and removal from office
194. Acting members
Division 3--Role of commission
195. Commission makes recommendations to Minister
Division 4--Recommendations, allocation and distribution
196. Preparing recommendations
197. Commission's recommendations to Minister
198. Allocation of amount after recommendations
199. Recommendations to be tabled
200. Distribution of financial assistance amount
Division 5--Inquiries by commission
Subdivision 1--General
201. Commission may decide to hold inquiry
202. Notice of decision to hold inquiry
Subdivision 2--Conduct of inquiries
203. Extended meaning of commission in subdivision
204. Commission's duties on inquiry
205. Commission may decide procedures
206. Public may attend
207. Commission's powers on inquiry
208. Notice to witness
209. Duty of witness at inquiry
210. Contempt of commission
211. Change of member
Division 6--Commission proceedings
212. Time and place of meetings
213. Quorum at meetings
214. Presiding member
215. Voting at meetings
216. Way business to be conducted
Division 7--Miscellaneous
217. Cooperation by departments etc.
218. Assistance to the commission
CHAPTER 4--LOCAL GOVERNMENT COUNCILLORS
Part 1--Membership of local governments
Division 1--Extended application of part
219. Application of part to Brisbane City Council
Division 2--Qualifications and disqualifications
220. General qualifications for membership
221. General disqualifications
222. Disqualification and vacation of office for certain offences
223. Review of lawfulness of membership of local government
224A. Councillor ceases to be councillor on becoming candidate for the Legislative Assembly
225. Councillor ceases to be councillor on becoming director of significant business entity
226. Termination of local government employment on becoming councillor
Division 2A--Councillors holding paid State appointment
226A. Meaning of paid State appointment for div 2A
226B. Meaning of class A local government and class B local government for div 2A
226C. Effect on paid State appointment of person's election as councillor
226D. Councillor not to be appointed to paid State appointment
Division 3--Term of office
227. Duration of membership
228. Resignation from office as a councillor
Part 2--Councillors' roles
Division 1--Councillors' roles generally
229. Councillors' role
230. Limitations on councillors' roles
231. Additional roles of mayor
Division 2--Deputy mayor and acting mayor
232. Deputy mayor of local government
233. Office of deputy mayor may be declared vacant
234. Additional role of deputy mayor
235. Appointment of acting mayor
236. Role of acting mayor
Part 3--Entitlements and obligations
Division 1--Entitlements of councillors and committee members
236A. Remuneration for councillors of local governments
236B. Reimbursement of expenses and provision of facilities for councillors of local governments
237. Remuneration, reimbursement of expenses and provision of facilities for person serving on advisory committee
238. Superannuation benefits for councillors
238A. Councillors may make salary sacrifice arrangements
239. Insurance of councillors
240. Indemnity for councillors
Division 2--Obligations of councillors
241. Application to Brisbane City Council
242. Requirements of councillors before acting in office
243. Acting as councillor without authority
243A. Compliance with code of conduct
244. Exclusion from meeting of councillor with material personal interest
245. Removal of disability
246. Penalty for contravening exclusion from meeting
246A. Recording of conflict of interest
247. Registers of interests
248. Access to registers
249. Queries on contents of register
250. Improper use of information by councillors
Division 3--Local Government Remuneration Tribunal
Subdivision 1--Establishment, functions and membership
250AA. Establishment of Local Government Remuneration Tribunal
250AB. Functions
250AC. Members of remuneration tribunal
250AD. Disqualification from membership
250AE. Remuneration and appointment conditions of members
Subdivision 2--Staffing arrangements and meetings
250AF. Work performance arrangements
250AG. Conduct of meetings
Subdivision 3--Categorising local governments
250AH. Establishing categories of local governments
250AI. Criteria for establishing categories
250AJ. Deciding and reviewing categories of local governments to which local governments belong
Subdivision 4--Remuneration schedule
250AK. Deciding remuneration
250AL. Discretion to vary remuneration in exceptional circumstances
Subdivision 5--Inquiries conducted by remuneration tribunal
250AM. Remuneration tribunal may make inquiries
250AN. Conduct of inquiries
250AO. Membership of remuneration tribunal changes during inquiry
Subdivision 6--Reports
250AP. Remuneration tribunal reports
250AQ. Notification and tabling of report
Division 4--Reimbursement of expenses and provision of facilities
250AR. Chief executive to approve proposed expenses reimbursement policy or amendments of the policy
250AS. Requirement to adopt expenses reimbursement policy or amendment
250AT. Notification of adoption of expenses reimbursement policy
250AU. Meetings in public about expenses reimbursement policy
Part 3A--Code of conduct for councillors
Division 1--Preliminary
250A. Application of part to Brisbane City Council
250B. Definitions for pt 3A
250C. Requirement to adopt code of conduct for councillors
250D. Model code of conduct for councillors
250E. Application and duration of code of conduct
Division 2--Content of codes of conduct for councillors
250F. Statutory and additional obligations of councillors
250G. Ethics principles for local government councillors
250H. Code must state what a repeat breach is
250I. Information about making a complaint
Division 3--Procedure for making code of conduct for councillors
250J. Notice of draft code of conduct for councillors
250K. Requirement to consider comments
250L. Code of conduct to be available for inspection and purchase
Division 4--Enforcement of code of conduct for councillors
Subdivision 1--Preliminary
250M. Categories of code of conduct breaches
250N. References in div 4 to code of conduct breaches
Subdivision 2--Meeting breaches
250O. Making a complaint about a meeting breach
250P. When local government must deal with the complaint
250Q. How local government must deal with complaint
Subdivision 3--Minor breaches
250R. Making a complaint about a minor breach
250S. How local government must deal with complaints officer's report
Subdivision 4--Repeat breaches and statutory breaches
250T. Making a complaint about a statutory breach
250U. Referring complaints about statutory breaches to conduct review panel
250V. Review of complaints by conduct review panel
250W. Decision by local government about repeat breach or statutory breach
Subdivision 5--Penalties
250X. Penalties local government may impose
250Y. Effect of suspension of councillor for s 252
Subdivision 6--Conduct review panel
250Z. Pool of members for conduct review panel
250ZA. Qualifications for appointment as member of conduct review panel
250ZB. Removal from pool of conduct review panel members
250ZC. Quorum for meetings of conduct review panel
250ZD. Chairperson of conduct review panel
250ZE. Meetings of conduct review panel
250ZF. Payment of fee to members of conduct review panel by local government
250ZG. Costs of conduct review panel to be met by local government
250ZH. Indemnity for panel members
250ZI. Indemnity for persons giving information to a conduct review panel
Subdivision 7--Miscellaneous
250ZJ. Frivolous or vexatious complaint
Part 4--Vacancies in membership of local governments
251. Application of part to Brisbane City Council
252. When councillor's office becomes vacant
253. Filling of earlier vacancies by by-election
254. Filling of later vacancies by appointment
255. Duty to seek political party's nominee for appointment to vacancy
256. Duty to seek other nominees for appointment to vacancy
Part 5--Membership of joint local governments
257. Election of members
258. When members are to be elected
259. Delegate members
260. Filling of casual vacancies
261. Returning officer for elections
262. Appointment of representatives on default
263. President and deputy president
264. Presiding at meetings
265. Overriding duty of joint local government member
CHAPTER 5--LOCAL GOVERNMENT ELECTIONS
Part 1--General
266. Quadrennial elections
267. Types of elections
268. Elections to be held on a Saturday
269. Date of quadrennial elections
270. Date of by-elections
271. Local governments responsible for expenditure for conducting elections
Part 2--Returning officers
272. Chief executive officer is returning officer
273. Appointment of returning officer in place of the chief executive officer
274. Returning officer's duty for by-election
Part 3--Voters roll
275. Returning officer must compile voters roll
276. Qualification for enrolment on voters roll
277. Cut off day for voters roll
278. Use of electoral roll when practicable
279. Requirements of voters roll
280. Voters roll to be open to inspection and purchase
281. Electoral registrars to help returning officers
Part 4--Voting
282. Compulsory voting
283. System of voting
Part 5--Division of local government areas
Division 1--Preliminary
284. Application of part to Brisbane City Council
284AA. Non-application of part to indigenous regional councils
284A. Definition for pt 5
Division 2--Quota requirements for divided local governments
285. Equitable division of local government areas
286. Quota to be complied with in division of local government area and assignment of councillors
Division 3--Disclosure requirements and references
287. Disclosure of compliance or noncompliance with quota requirements
288. Matter of area's division referred to commissioner
Part 6--Conduct of elections
Division 1--Preliminary
289. Conduct of elections
Division 2--Electoral officers
290. Returning officer
291. Assistant returning officers
292. Presiding officers
293. Issuing officers
294. Declaration by issuing officers
295. Returning officer may act through other officers
296. Assistant returning officer may act through certain authorised officers
297. Supply and use of voters rolls
Division 3--Candidates for election or appointment
298. Qualification for nomination
299. Prohibition of dual candidature
300. Leave to local government employee to contest election
Division 4--Nominations of candidates for election
301. Calling for nominations
302. Who may nominate
303. How and when nomination is given
304. Deposit to accompany nomination
305. Special grounds for deciding a person is not properly nominated
306. Certificate of returning officer
307. Display of nominations
308. Termination of candidature before noon on nomination day
309. Death of candidate
310. Procedure if number of candidates not more than number required
311. Procedure if number of candidates exceeds number required
312. Supply of voters roll
313. Procedure on death of candidate when poll to be conducted
314. Disposal of deposits generally
315. If successful candidate dies
316. Extension of times
316A. Special provision about refunding deposits
Division 5--Ballots
317. Poll by ballot
318. Direction that poll be conducted by postal ballot
Division 6--Polling booths
319. Polling booths—general
320. Provision of ordinary polling booths
321. Declaration of mobile polling booths
322. Duty of person in charge of institution
323. Privacy of voting
Division 7--Ballot boxes, papers and other documents
324. Ballot boxes generally
325. Requirements of ballot papers
326. Separate ballot papers for separate polls
327. Order of listing of candidates' names
328. Distribution of ballot papers
329. Correction of errors etc.
Division 8--Scrutineers
330. Candidates' entitlement to scrutineers
331. Appointment of scrutineers
332. Proof of identification
333. Powers of scrutineers
Division 9--Voting generally
334. Who may vote
335. When votes may be cast at an ordinary polling booth or mobile polling booth
336. Procedure for voting at a polling booth
337. Duties of issuing officer for returned papers
338. Arrangements for electors with disability
339. Arrangements for electors at institutions
340. Arrangements for electoral visitor voting
341. Help for electors in voting
342. Adjournment of poll
Division 10--Declaration voting
343. Who may cast a declaration vote
344. Who must cast a declaration vote in ordinary elections
345. Declaration voting for postal ballot elections
346. How declaration vote is cast
346A. Distribution of ballot papers to certain electors who may cast declaration vote
347. Distribution of ballot papers to other electors who may or must cast declaration vote
348. How declaration vote may be cast at a polling booth
349. Distribution of ballot papers to electors for postal ballot election
350. Record of ballot papers given to postal voters
351. Casting a declaration vote by post
352. Declaration voting before polling day
353. Distribution of declaration envelopes when separate ballot papers or polls on same day
Division 11--Marking of ballot papers
354. Optional-preferential voting
355. First-past-the-post voting
Division 12--Replacement ballot papers
356. Use of replacement ballot papers
Division 13--Effect of ballot papers
357. Effect of ballot papers—optional-preferential voting
358. Effect of ballot papers—first-past-the-post voting
359. Posted vote presumed valid until contrary proved
360. Formal and informal ballot papers
361. Ballot paper partly formal and partly informal
Division 14--Counting of votes
362. Votes to be counted in accordance with this division
363. Preliminary counting by presiding officer
363A. Preliminary processing of declaration votes by returning officer—postal ballot election
364. Preliminary processing of declaration votes by returning officer—other elections
365. Procedure for processing declaration envelopes
366. Official counting of votes
367. Treatment of ballot paper to which objection is made
368. Counting of votes for optional-preferential system
369. Counting of votes for first-past-the-post system
370. Returning officer's duty after counting votes
Division 15--Actions following poll
371. Declaration of poll
372. Notice of final result of poll
373. Resolution about electors who fail to vote
374. List of electors failing to vote
375. Notice of failure to vote etc.
376. Payments for failure to vote
377. Recording response to notice
378. Evidentiary value of list under s 374
379. Disposal of material resulting from election
380. Ballot papers as evidence
381. Notice to electors whose ballot papers are not accepted
382. Notice to electoral commission of certain declaration votes
Division 16--Enforcement
Subdivision 1--Offences in general
383. False or misleading information
385. Bribery
386. Providing money for illegal payments
387. Improperly influencing electoral officers
388. Interfering with election right or duty
389. Forging or uttering electoral papers
390. Wilful neglect etc. of electoral officers
391. No record to be made of vote cast
Subdivision 2--Offences about electoral advertising and information
392. Responsibility for election matter
392A. Distribution of how-to-vote cards
392B. Lodging of how-to-vote cards
393. Headline to electoral advertisements
394. Misleading voters
Subdivision 3--Offences about voting
395. Failure to vote
396. Leave to vote
397. Canvassing in or near polling booths
398. Interrupting voting etc.
399. Influencing voting
400. Party badges not to be worn in polling booths
401. Voting if not entitled
402. Offences relating to ballot papers
403. Failure to deliver or post documents for someone else
404. Breach of confidentiality of vote
405. Breaking seals on parcels
406. Duty of witness to signing of declaration voting papers
Subdivision 4--Injunctions
407. Injunctions to restrain contravention of chapter
Part 7--Fresh elections
408. Requirements for fresh election
409. Time for fresh election
410. Returning officer for fresh election
411. Voters roll for fresh election
412. Other provisions of chapter apply
413. Extension of term of councillors
Part 8--Disclosure of election gifts and loans and requirements for accounts
Division 1--Preliminary
413A. Application of pt 8 to Brisbane City Council
414. Definitions for pt 8
415. Candidates
416. Things taken to be done by political party
417. Related corporations
417A. Adjustment of prescribed amount in relation to disclosure period
Division 2--Disclosure periods
Subdivision 1--Disclosure periods for candidates for elections
418. Purpose of subdivision
419. Disclosure period for candidates at previous elections
420. Disclosure period for candidates at previous fresh elections
421. Disclosure period for new candidates
422. Disclosure period for certain candidates who are appointed councillors
Subdivision 2--Disclosure period for groups of candidates and third parties for elections
423. Purpose of subdivision
423A. Disclosure period for particular sections
424. Disclosure period for s 430
425. Disclosure period for s 430A
Division 3--Disclosure of gifts and loans and requirements for accounts
Subdivision 1--Preliminary
426. Definitions for div 3
Subdivision 1A--Disclosure by candidates for elections
427. Gifts to candidates
427A. Gifts to groups of candidates
428. Certain gifts not to be received
428A. Valuation of fundraising activity gifts
428B. Loans to candidates or groups of candidates
428C. Certain loans not to be received
429. Chief executive officer to give reminder notice to candidates
Subdivision 2--Disclosure by third parties for elections
430. Gifts for third party expenditure for political purposes
430A. Third party expenditure for political purposes
431. No requirement to give return if no further gifts to disclose
Subdivision 2A--Disclosure by donors
431A. Donations to candidates
Subdivision 3--Amendment of returns
432. Amendment of returns
Subdivision 4--Operation of accounts
432A. Requirement for candidate to operate dedicated account
432B. Requirement for group of candidates to operate dedicated account
Division 4--Registers
433. Registers of electoral gifts
434. Access to registers
435. Queries on contents of register
Division 4A--Recording of group's membership and group's agent
435A. Definitions for div 4A
435B. Offence to advertise or fundraise for group if nomination requirements not complied with
435C. Record of group membership requirement
435D. Group agent nomination requirement
435E. Register of group agents
Division 5--Miscellaneous
436. Offences about returns
437. Records to be kept
438. Obtaining of information and completion of returns
439. Attempts to commit offences
440. Noncompliance with part does not affect election
Division 6--Evidence
441. Evidentiary provisions
Part 9--Miscellaneous election matters
Division 1--Preliminary
441A. Application of pt 9 to Brisbane City Council
Division 2--Code of conduct for candidates
441B. Code of conduct
Division 3--Caretaker period arrangements
441C. Definitions for div 3
441D. Prohibition on major policy decision in caretaker period
441E. Invalidity of major policy decision in caretaker period without approval
441F. Prohibition on election material in caretaker period
CHAPTER 6--GENERAL OPERATION OF LOCAL GOVERNMENTS
Part 1--Proceedings of local governments
Division 1--What meetings are held
442. Post-election meetings
443. Agenda of post-election meetings
444. Other meetings
Division 2--Local government meetings
445. Place of meetings
446. Quorum at meetings
447. Procedure at meetings
448. Minutes must be kept
449. Adjournment of meetings
450. Notice of meetings
451. Repeal or amendment of resolutions
Division 3--Committees and their meetings
452. Appointment of committees
453. Advisory committees
454. Delegate members of committees
455. Quorum
456. Chairperson of committee
457. Committee meetings
458. Reports
459. Minutes must be kept unless committee exempted
Division 4--Meetings generally
460. Division applies to local governments and their committees
461. Minutes
461A. Recording of reasons for particular decisions
462. Meetings in public unless otherwise resolved
463. Closed meetings
464. Public notice of meetings
Division 5--Records
466. Safe custody of records
467. Loss or destruction of records
468. Inspection of records by the public
469. Inspection of records by members
470. Duty to make records available
Division 6--Miscellaneous
471. Correspondence with local government
472. Delegation by local government
473. Preservation of proceedings
473A. Community boards
Part 2--Polls
474. Authority to conduct poll
475. Subject matter of polls
476. Poll must be on Saturday
477. Electoral provisions that apply to a poll
478. Cases for and against question in poll
479. Publication of poll result
480. Restrictions on conducting another poll on the same question
Part 3--Contracts and related activities
Division 1--Preliminary
481. Principles governing the making of contracts
481A. What are procurement activities of a local government
481B. What are designated disposal activities of a local government
483. Entering into a contract under delegation
Division 2--Strategic contracting model
Subdivision 1--Preliminary
483A. Purpose of div 2
Subdivision 2--Choice of strategic contracting model
483B. Power to choose strategic contracting model
483C. Effect of choice
Subdivision 3--Requirements relating to procurement activities
483D. Annual procurement plans
483E. Amendment of procurement plan
483F. Inspection of procurement plan
483G. Significant procurement activity plans
483H. Procurement manual
Subdivision 4--Requirements relating to designated disposal activities
483I. Annual asset disposal plan
483J. Requirements for asset disposal plan
483K. Amendment of asset disposal plan
483L. Inspection of asset disposal plan
483M. Plans for significant designated disposal activities
483N. Asset disposal manual
Subdivision 5--Requirements for disposal of particular land
483O. Procedural contracting model generally applies for disposal of land
Division 3--Procedural contracting model
Subdivision 1--Preliminary
483P. Application of div 3
Subdivision 2--Purchasing
484. When tenders are required
485. When quotations are required
486. Exceptions to the requirement to seek tenders or quotations
487. Panel of suitable providers
488. Changes to tenders
489. Short listing after calling for expressions of interest
490. Acceptance of tender or quotation
Subdivision 3--Disposal of land or particular non-current assets
491. When tenders or auctions are required
492. Exemptions
Subdivision 4--Required manuals
492A. Required procurement and asset disposal manuals
Part 4--Enterprises
Division 1--Preliminary
493. Application to Brisbane City Council
493A. Non-application of part to indigenous regional councils
494. Matters relevant to good rule and government
495. Application of part
Division 2--Enterprise powers
496. Engagement in or help to enterprises
497. Specific enterprise powers
Division 3--Safeguards
498. Requirements for exercise of enterprise powers
499. Restrictions on exercise of enterprise powers
500. Establishing enterprise powers limits
501. Register of enterprises
Part 5--General complaints process
501A. Application to Brisbane City Council
501B. Definitions for pt 5
501C. Meaning of administrative action
501D. Local government to establish general complaints process
501E. Requirements for general complaints process
501F. Refusal to investigate complaint
Part 6--Miscellaneous
501G. Prohibition on loans to individuals
CHAPTER 7--FINANCIAL OPERATION AND ACCOUNTABILITY OF LOCAL GOVERNMENTS
Part 1--Local Government Finance Standards
502. Issue of standards
503. Standards must be complied with
Part 2--Corporate and operational plans
504. Preparation and adoption of corporate plan
505. Period of corporate plan
506. Amendment of corporate plan
507. Requirements of corporate plans
508. Preparation and adoption of operational plan
509. Amendment of operational plan
510. Requirements of operational plan
511. Compliance with corporate and operational plans
512. Evaluation of activities
513. Copies of plans to be available for inspection and purchase
Part 2A--Revenue policy
513A. Preparation and adoption of revenue policy
513B. Requirements and content of revenue policy
513C. Copies of revenue policy to be available for inspection and purchase
Part 3--Funds and accounting procedures
514. Funds
515. Reserves
516. Trust fund
517. Compliance with sound accounting principles and procedures
Part 4--Budget
518. Adoption of budget and revenue statement
519. Requirements of budgets
520. Content of operating fund budgets
520A. Requirements and content of revenue statement
521. Financial information to be presented to budget meeting
522. Spending of local government pending adoption of budget
523. Councillors' liability for disbursements
524. Budgets and revenue statements to be available for inspection and purchase
Part 5--Borrowing and investment
525. Local governments are statutory bodies
526. Councillors' liability for unauthorised borrowings
Part 6--Accounts
527. Accounting records to be kept
528. Statements of account to be presented to local government
529. Statements of accounts open to inspection
Part 7--Audit
530. General reporting provisions
Part 8--Annual report
531. Annual report to be prepared and adopted
532. Content of report about financial position of local government
533. Content of report about implementing corporate and operational plans
534. Content of report about other issues of public interest
535. Copies of report to be available for inspection and purchase
Part 9--Duties about property stolen or unaccounted for
536. Report of missing property
537. Local Government to take part in prosecution
Part 10--Joint local governments
538. Contribution by component local governments
539. Notice for contribution to joint local government
540. Results of failure to pay contribution
541. Adoption of a budget by joint local government for part of a year
542. Disbursement from operating fund of joint local government for purposes other than exclusive jurisdiction
CHAPTER 8--NATIONAL COMPETITION REFORM OF SIGNIFICANT BUSINESS ACTIVITIES
Part 1--Object and application
543. Object
544. Application to Brisbane City Council
Part 2--Definitions
545. Definitions for ch 8
Part 3--Identification of new type 1 and 2 business activities
546. Minister to decide threshold amounts for identifying new type 1 or 2 business activities
547. Annual review of business activities
548. Notice to Minister of new type 1 or 2 business activities
Part 4--Public benefit assessment of significant business activities
Division 1--Subject matter of public benefit assessments
549. Matters to be addressed by public benefit assessment for type 1 or new type 1 business activity
550. Matters to be addressed by public benefit assessment for type 2 or new type 2 business activity
551. What is corporatisation
552. What is commercialisation
553. What is full cost pricing
Division 2--Content of public benefit assessment report
554. Matters to be addressed in public benefit assessment reports
Division 3--Local government to undertake assessments
555. Public benefit assessments to be undertaken
556. Fresh public benefit assessment if reforms not implemented within 3 years
557. Local government to resolve on assessment and report process
558. Timing for assessments and reports
559. Regulation about public benefit assessment and public benefit assessment reports
Division 4--Action to be taken on public benefit assessment reports
560. Object of division
561. Local government to give public notice of public benefit assessment report
562. Public access to public benefit assessment reports
563. Local government to resolve whether to implement reforms
564. Timetable for implementation of reforms
565. Notice to Minister of resolution
566. Reforms not implemented, may later be implemented
Part 5--Full cost pricing for significant business activities
567. Application of pt 5
568. Meaning of full cost pricing
569. Guarantees by State
570. Local government to implement full cost pricing for significant business activities
Part 6--Commercialisation of significant business activities
Division 1--Preliminary
571. Application of pt 6
Division 2--Background and objectives of part
572. Objectives of commercialisation
573. How objectives of commercialisation are to be achieved—key principles and their elements
574. Key objectives of commercial business units under commercialisation
Division 3--Interpretation
575. Meaning of commercialisation
576. Meaning of key principles of commercialisation
577. Definitions for pt 6
Division 4--Establishment of commercial business unit
578. Local government to establish commercial business unit
Division 5--Operations of commercial business unit
579. Additional requirements for corporate plan
580. Performance plan for commercial business units
Division 6--Annual statement on operations of commercial business unit
581. Annual statement on operations of commercial business unit
582. Commonwealth and State tax equivalents
583. Guarantees by State
Part 7--Local government owned corporations
Division 1--Preliminary
Subdivision 1--Application of part
584. Application of pt 7
Subdivision 2--Outline of part and its background and objectives
585. What this part provides
586. Objectives of corporatisation
587. How objectives of corporatisation are to be achieved—key principles and their elements
588. Key objectives of corporatised corporation under corporatisation
Subdivision 3--Interpretation
589. Meaning of corporatisation
590. Meaning of key principles of corporatisation
591. Meaning of statement of corporate intent
592. Definitions for pt 7
593. References to doing of act by corporatised corporation
594. References to local governments etc.
Subdivision 4--Corporatised corporation not a local government
595. Corporatised corporation not a local government
Subdivision 5--Operation of part and application of laws
596. Extraterritorial operation
597. Application of existing laws
Division 2--Mechanisms for creating LGOCs and subsidiaries
Subdivision 1--Proposal for corporatisation
600. Local government proposes corporatisation
601. Nomination of candidate LGOC or LGOC's subsidiary
Subdivision 2 Preparation of corporatisation charter--preliminary
602. Meaning of corporatisation charter
603. Candidate LGOC's business may become business of LGOC following corporatisation charter
Subdivision 3 Preparation of corporatisation charter--establishment committee
604. Establishment committee to be appointed
605. Composition of establishment committee
606. Procedure for appointment of establishment committee
607. Draft corporatisation charter to be given to local government
Subdivision 4 Preparation of corporatisation charter--requirements for charter
608. Matters to be included in draft corporatisation charter
609. Other matters relevant to draft corporatisation charter preparation
Subdivision 5 Corporatisation charter--approvals
610. Approval of draft corporatisation charter
611. Approval of amendments of corporatisation charter
612. Corporatisation charter open to inspection
613. Deletion of commercially sensitive matters from corporatisation charter
Subdivision 6 Corporatisation charter--expiry of charter transitional part
614. Expiry of charter transitional part
Subdivision 7 Corporatisation facilitative mechanisms--significant business entities
615. Purpose of subdivision
616. Significant business entities
617. Transfer of assets, liabilities etc. to significant business entity
Subdivision 8 Significant business entities--directors and employees
618. Composition of boards including councillors and local government employees
619. Remuneration and allowances to directors of significant business entities who are councillors or employees of a local government
620. Restrictions on councillors and employees being directors
621. Prohibition on councillors being employees
Subdivision 9--Interim board
622. Interim board of directors for significant business entity
623. Application of certain provisions about directors and executives to significant business entities
Subdivision 10 Corporatisation facilitative mechanisms--general
624. Assistance to significant business entities
625. Share capital and issue of shares
626. Variation of share capital
627. Division does not affect existing legal relationships
628. Local government may deal with other matters
Subdivision 11--Acting chief executive officer of significant business entity on corporatisation
629. Appointment of acting chief executive officer for significant business entity on corporatisation
Division 3--Local government owned corporations and subsidiaries
Subdivision 1--Declaration of LGOCs and subsidiaries
630. Declaration of entity as LGOC
631. Requirements for LGOCs
632. Declaration of entity as subsidiary
633. Requirements for subsidiaries
634. Declaration does not affect legal personality etc.
Subdivision 2--Application of Corporations Act
635. Corporations Act does not apply to corporatised corporations
Subdivision 3--Shares of corporatised corporations
637. Local governments to be shareholders of LGOCs
638. LGOC to be shareholder of LGOC's subsidiary
639. If 2 or more local governments are shareholders, shares and entitlements apportioned by agreement
640. Variation of shares and share capital of corporatised corporation
641. Transfer, issue etc. of shares
642. Shareholders must act jointly
Subdivision 4--Shareholders and councillors
643. Appointment of councillors as shareholder's delegates
Subdivision 5--Board of directors
644. Corporatised corporation to have board of directors
645. Role of board
646. Delegation by board
647. Additional provisions about board—div 5
648. First board of LGOC
649. First board of LGOC subsidiary
Subdivision 6--Chief executive officer
650. Corporatised corporations to have chief executive officer
651. Duties of chief executive officer
652. Things done by chief executive officer
653. Delegation by chief executive officer
654. Additional provisions about chief executive officer—div 6
Subdivision 7 Corporate plan--general
655. LGOC must have corporate plan
656. Corporate plan to apply to subsidiaries
Subdivision 8--Preparation, agreement on and changes to corporate plan
657. Draft corporate plan
658. Duration of corporate plan
659. Special procedures in relation to draft corporate plan
660. Corporate plan on agreement
661. Corporate plan pending agreement
662. Changes to corporate plan
663. Corporate plan open to inspection
664. Deletion of commercially sensitive matters from corporate plan
Subdivision 9 Statement of corporate intent--general
665. Corporatised corporations must have statements of corporate intent
666. LGOC's statement of corporate intent must be consistent with corporate plan
667. Subsidiary's statement of corporate intent to be consistent with LGOC's corporate plan and statement of corporate intent
Subdivision 10--Matters to be included in statement of corporate intent
668. Matters to be included in statement of corporate intent
669. Deletion of commercially sensitive matters from statement of corporate intent
Subdivision 11--Preparation, agreement on and modification of statement of corporate intent
670. Draft statement of corporate intent
671. Consultation with industrial organisations etc.
672. Special procedures in relation to draft statement of corporate intent
673. Statement of corporate intent on agreement
674. Statement of corporate intent pending agreement
675. Changes to statement of corporate intent
676. Statement of corporate intent open to inspection
Subdivision 12--Community service obligations
677. Meaning of community service obligations
678. Community service obligations to be stated in statement of corporate intent
Subdivision 13--General reserve powers of shareholder
679. Reserve power of shareholder to give directions to LGOC in public interest
Subdivision 14--Suspected insolvency from directions
680. Notice of suspected insolvency because of direction
Subdivision 15--Limitation on local government directions
681. Corporatised corporation and board not otherwise subject to local government direction
Subdivision 16--Reports and other accountability matters
682. Application of Financial Administration and Audit Act
683. Quarterly reports
684. Annual reports
685. Annual report open to inspection
686. Omission of certain matters from annual report etc.
687. LGOC board to keep shareholder informed
Subdivision 17--Duties and liabilities of directors and other officers
688. Disclosure of interests by directors
689. Voting by interested director
690. Duty and liability of certain officers of corporatised corporation
691. Prohibition on loans to directors
692. When corporatised corporation not to indemnify officers
693. Corporatised corporation not to pay premiums for certain liabilities of officers
694. Director's duty to prevent insolvent trading
695. Court may order compensation
696. Examination of persons concerned with corporatised corporations
697. Power to grant relief
698. False or misleading information or documents
699. Notice of suspected insolvency otherwise than because of direction
Subdivision 18--Legal capacity and powers
700. Objects of subdivision
701. General powers of corporatised corporations
702. Restrictions on powers of corporatised corporations
703. Persons having dealings with corporatised corporations etc.
704. LGOC may direct subsidiary
705. Subsidiaries must comply with directions
706. Sections 704 and 705 not limiting
Subdivision 19 Finance--taxation
707. State taxes
708. Commonwealth and State tax equivalents
Subdivision 20 Finance--borrowings and guarantees
708A. Application of Statutory Bodies Financial Arrangements Act 1982
709. Guarantees by local government
710. Payment for cost of funds advantage of guarantees by local government
Subdivision 21 Finance--dividends
711. Payment of dividends
712. Interim dividends
713. Dividend payment for financial year of becoming a corporatised corporation
Subdivision 22--Acquisition and disposal of assets and subsidiaries
714. Reserve power of shareholder to direct that asset not be disposed of
715. Disposal of main undertakings
716. Acquiring of other subsidiaries prohibited
Subdivision 23--Employees
717. Employees of corporatised corporations
718. Terms of employment
719. Arrangements relating to staff
720. Superannuation schemes
721. Superannuation for officers and employees of corporatised corporation who were previously officers of a local government
722. Preservation of leave and other entitlements of certain former employees of local government
Subdivision 24--Other matters
723. Corporatised corporation's seal
724. Change of functions and name of corporatised corporation
725. Authentication of documents
726. Judicial notice of certain signatures
727. Crime and Misconduct Act
728. Application of Ombudsman Act 2001
Division 4--Miscellaneous
729. Monitoring and assessment of corporatised corporations
730. Giving of documents to board
731. Judicial notice of certain resolutions
732. When resolutions amending certain resolutions take effect
733. Local governments and certain officers not directors etc.
Division 5--Additional provisions relating to board of corporatised corporations
Subdivision 1--Composition of board
734. Composition of board
735. Chairperson and deputy chairperson
Subdivision 2--Meetings and other business of board
736. Meaning of required minimum number of directors
737. Conduct of meetings and other business
738. Times and places of meetings
739. Presiding at meetings
740. Quorum and voting at meetings
741. Participations in meetings by telephone etc.
742. Resolutions without meetings
743. Minutes
Subdivision 3--Provisions relating to directors
744. Appointment of directors
745. LGOC director not to be chief executive officer or other employee of LGOC's subsidiary
746. Procedure for appointment of directors
747. Terms of appointment not provided for under divs 1-4
748. Appointment of acting director
749. Resignation
750. Termination of appointment as director
Division 6--Additional provisions relating to chief executive officers
751. Appointment of chief executive officer
752. Local government employees can not be chief executive officers of corporatised corporations
753. Director may be chief executive officer
754. Appointment of acting chief executive officer
755. Terms of appointment not provided for under divs 1-4
756. Resignation
757. Termination of appointment
CHAPTER 9--CONDUCT OF COMPETITIVE BUSINESS ACTIVITIES
Part 1--Object and application
758. Object of ch 9
759. Competitive neutrality principles
760. Application to Brisbane City Council
Part 2--Definitions
761. Definitions for ch 9
762. Meaning of business activity
Part 3--Code of competitive conduct
763. Code must be applied to roads business activities
763A. Code must be applied to building certification business activities
764. When code must be applied to other business activities
Part 4--Annual review of business activities
765. Annual review of business activities
766. Local government to resolve whether to apply code of competitive conduct to business activities
767. Application of code of competitive conduct to other activities
768. Information to be included in annual report
CHAPTER 10--REFORM OF CERTAIN WATER AND SEWERAGE SERVICES
Part 1--Object and application
769. Object of ch 10
770. Application to Brisbane City Council
Part 2--Interpretation
772. Definitions for ch 10
772A. Consumption as the basis for utility charges for water services
Part 3--Assessment of cost effectiveness of two-part tariffs for water supply
773. Assessment of cost effectiveness of two-part tariffs to be carried out
774. Local government to decide on assessment and report process
775. Timing for assessments and reports
776. Fresh assessment within 3 years if recommendation on two-part tariffs not applied
777. Regulation about assessments and reports
Part 4--Decision on two-part tariff reports
778. Object of pt 4
779. Public access to two-part tariff reports
780. Local government to resolve whether to apply two-part tariff
781. Timing for resolution
782. Notice to Minister of resolution
Part 5--Implementation of certain charging arrangements and reporting procedures
783. Local governments to implement charging and operational arrangements for relevant business activities
783A. Implementing resolution under s 780 to apply two-part tariff
784. Start of work to apply two-part tariffs
785. Timetable for implementing arrangements
786. Strategies for applying s 783(b)-(e)
CHAPTER 11--COMPLAINTS ABOUT COMPETITIVE NEUTRALITY
Part 1--Preliminary
787. Object of ch 11
788. Application of ch 11
789. Application to Brisbane City Council
790. Definitions for ch 11
Part 2--Complaint process for local government business entities
Division 1--Preliminary
791. Application of pt 2
792. Affected persons
Division 2--Complaints about competitive neutrality
793. Local government to establish complaint process
794. Requirements for complaint process
795. Grounds for complaints
796. Effect of complaint on activities
797. Referee to act fairly
798. Matters to be considered by referee on complaint
Division 3--Investigation of complaints
799. Requirement of referee to investigate
800. Investigation notice
801. Effect of giving an investigation notice
802. General procedures
803. Consideration of submissions
804. Handling of documents
805. Confidential information
Division 4--Reports on complaints
806. Giving of reports
807. Contents of reports
808. Reports open to inspection
809. Local government decisions on recommendations
Division 5--General provisions about complaints process
810. Disposal of documents held by referee
811. Protection from liability of referee or person assisting referee
812. Protection from liability of person giving information to referee
813. Secrecy
814. Draft reports
Division 6--Provisions for Queensland Competition Authority as referee
815. Local government may resolve Queensland Competition Authority to be referee
816. Application of complaints process
817. Making a complaint
818. Further information to support complaint
819. Application of part and Queensland Competition Authority Act 1997
820. Local government decisions on recommendations
Part 3--References to Queensland Competition Authority
Division 1--Application of part
821. Application of pt 3
Division 2--Institution of reference
822. Reference of outcome of complaint to Queensland Competition Authority
823. Making a reference
824. Request for referee's documents
825. Further information to support reference
826. Matters to be considered by Queensland Competition Authority in considering reference
827. Procedures for dealing with references
Division 3--Reports of Queensland Competition Authority about references
828. Giving of reports
829. Contents of reports
830. Reports open to inspection
831. Local government decisions about reports
Part 4--Accreditation
832. Application of pt 4
833. Purpose of accreditation
834. Application for accreditation
835. Investigation notice
836. Matters to be considered by authority for investigation
837. Procedures for investigations
838. Decision on application
839. Conditions on grant of accreditation
840. Notice of decision
841. Publication of decision
842. Period of effect of accreditation
843. Surrender of accreditation
844. Cancellation of accreditation
845. Lists of accreditations
Part 5--Miscellaneous
846. Register of accreditations, complaints etc.
847. Annual report to include summary of complaints and decisions by local government
CHAPTER 12--LOCAL LAWS AND SUBORDINATE LOCAL LAWS
Part 1--Preliminary
Division 1--Object and application
848. Object
849. Application of chapter to Brisbane City Council
Division 2--Local laws and related concepts
850. Meaning of local law
851. Meaning of model local law
852. Meaning of interim local law
853. Meaning of subordinate local law
854. Local laws and subordinate local laws about development
854A. No jurisdiction to make local laws and subordinate local laws about distributing how-to-vote cards
854AA. No jurisdiction to make local laws and subordinate local laws prohibiting placement of election signs or posters
854B. Local laws and subordinate local laws about airport landing charges
Part 2--Making local laws and subordinate local laws
Division 1--Making model local laws
855. Application of division
856. Model local law process
856A. Step 1—propose a law
857. Step 2—make a law
858. Step 3—give public notice of law
Division 2--Making interim local laws
859. Interim local law process
860. Step 1—propose a law
861. Step 2—get Minister's agreement to use interim local law process
862. Step 3—make proposed law
863. Step 4—give public notice of law
863A. Making proposed interim local law under div 3
Division 3--Making other local laws
864. Application of division
865. Local law process
866. Step 1—propose a law
867. Step 2—ensure proposed law satisfactorily deals with any State interest
868. Step 3—consult with public about proposed law
869. Step 4—give public access to proposed law
870. Step 5—accept and consider all submissions
871. Step 6—decide whether to proceed with making proposed law
872. Step 7—again ensure proposed law satisfactorily deals with any State interest
873. Step 8—make proposed law
874. Step 9—give public notice of law
Division 4--Making subordinate local laws
875. Application of division
876. Subordinate local law process
877. Step 1—propose a subordinate local law
878. Step 2—consult with public about proposed subordinate local law
879. Step 3—give public access to proposed subordinate local law
880. Step 4—accept and consider all submissions
881. Step 5—make proposed subordinate local law
882. Step 6—give public notice of subordinate local law
883. Early commencement under subordinate local law making process
Division 5--Anti-competitive provisions of proposed local laws and proposed subordinate local laws
884. Application of division
885. Definitions for div 5
886. Local laws and subordinate local laws not to be made unless local government complies with division
887. Review of proposed local law or proposed subordinate local law to identify possible anti-competitive provisions
888. Public interest test of possible anti-competitive provisions
889. Local government to decide on test and report process
890. Public interest test report to be presented to local government meeting
891. Local government to resolve whether to implement recommendations of public interest test
892. Public interest test reports are open to inspection
893. Regulation about public interest tests and public interest test reports
Division 6--Anti-competitive provisions of existing local laws and existing subordinate local laws
893A. Application of div 6
893B. Definitions for div 6
893C. Expiry of local laws and subordinate local laws unless local government complies with division
893D. Review of anti-competitive provisions in loc