LOCAL GOVERNMENT ACT 2009 - SECT 43
What this division is about
LOCAL GOVERNMENT ACT 2009 - SECT 43
What this division is about
43 What this division is about
(1) This division is about the application of the National Competition Policy
Agreements in relation to the significant business activities of a
local government.
(2) This includes the application of the
competitive neutrality principle if, in the circumstances, the public benefit
(in terms of service quality and cost) outweighs the costs of implementation.
(3) Under the
"competitive neutrality principle" , an entity that is conducting a business
activity in competition with the private sector should not enjoy a net
advantage over competitors only because the entity is in the public sector.
(4) A
"significant business activity" is a business activity of a local government
that—
(a) is conducted in competition, or potential competition, with the
private sector (including off-street parking, quarries, sporting facilities,
for example); and
(b) meets the threshold prescribed under a regulation.
(5)
However, a
"significant business activity" does not include a business activity that
is—
(a) a building certifying activity; or
(b) a roads activity; or
(c)
related to the provision of library services.
Note—
A building certifying
activity or roads activity is dealt with under section 47.