LOCAL GOVERNMENT ACT 2009 - SECT 48
Competitive neutrality complaints
LOCAL GOVERNMENT ACT 2009 - SECT 48
Competitive neutrality complaints
(1) A local government must adopt a process for resolving
competitive neutrality complaints.
(2) A
"competitive neutrality complaint" is a complaint that— (a) relates to the
failure of a local government to conduct a business activity in accordance
with the competitive neutrality principle; and
(b) is made by an
affected person.
(3) An
"affected person" is— (a) a person who— (i) competes with the
local government in relation to the business activity; and
(ii) claims to be
adversely affected by a competitive advantage that the person alleges is
enjoyed by the local government; or
(b) a person who— (i) wants to compete
with the local government in relation to the business activity; and
(ii)
claims to be hindered from doing so by a competitive advantage that the person
alleges is enjoyed by the local government.
(4) A regulation may provide for
the process for resolving competitive neutrality complaints.
(5) A
local government does not have to resolve a competitive neutrality complaint
relating to a business activity prescribed under a regulation.
