This regulation may be cited as the Local Government Legislation Amendment Regulation 2019.
The following sections commence on 1 July 2019—(a)sections 4 to 6;(b)sections 9 to 11.
Part 2 Amendment of City of Brisbane Regulation 2012
This part amends the City of Brisbane Regulation 2012.
4Replacement of s 16 (Thresholds for significant business activities—Act, s 47(4)(b))
Section 16—
omit, insert—16Threshold for significant business activity—Act, s 47
(1)This section prescribes, for section 47(4)(b) of the Act, the threshold a business activity must meet to be a significant business activity for a financial year (the current financial year).(2)The threshold for the business activity is expenditure of at least $9.7m for the business activity for the financial year ending immediately before the current financial year.(3)The Minister must consult with LGAQ Ltd. about a proposed amendment to the threshold.
5Amendment of s 28 (Building certifying activity—Act, s 51(4)(b))
Section 28, heading, ‘s 51(4)(b)’—
omit, insert—s 51
6Amendment of s 29 (Prescribed business activities—Act, s 51(7))
(1)Section 29, heading, ‘s 51(7)’—
omit, insert—s 51
(2)Section 29(1), ‘$328,000’—
omit, insert—$340,000
7Replacement of s 125 (Interest on overdue rates or charges)
Section 125—
omit, insert—125Interest on overdue rates or charges
(1)Interest is payable on overdue rates or charges from—(a)the day the rates or charges become overdue; or(b)a later day decided by the council.(2)Interest must be calculated—(a)on daily rests and as compound interest; or(b)in another way the council decides, if an equal or lower amount will be payable.(3)The rate of interest payable is—(a)for a day before 1 July 2019—an annual rate, of not more than 11%, decided by the council; or(b)for a day on or after 1 July 2019—an annual rate, of not more than the prescribed rate for the day, decided by the council.(4)A decision of the council under this section must—(a)apply equally to all ratepayers; and(b)for a decision under subsection (3)(b)—be made by resolution at the council’s budget meeting for the financial year that includes the day to which the decision relates.(5)In this section—bank bill yield rate, for a day, means the monthly average yield of 90-day bank accepted bills published by the Reserve Bank of Australia for the month of March in the financial year immediately before the financial year in which the day occurs.The monthly average yield of 90-day bank accepted bills can be accessed on the Reserve Bank of Australia’s website.prescribed rate, for a day, means the rate that is the sum of—(a)the bank bill yield rate for the day, rounded to 2 decimal places; and(b)8%.
Part 3 Amendment of Local Government Regulation 2012
This part amends the Local Government Regulation 2012.
Sections 19 and 20—
omit, insert—19Thresholds for significant business activities—Act, s 43
(1)This section prescribes, for section 43(4)(b) of the Act, the threshold that a business activity must meet to be a significant business activity for a financial year (the current financial year).(2)If the business activity is the provision of combined water and sewerage services, the threshold is 10,000 or more premises being connected to a water service as at 30 June of the financial year ending immediately before the current financial year.See, however, the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009.(3)For a business activity of a type other than the activity mentioned in subsection (2), the threshold is expenditure of at least $9.7m for the financial year ending immediately before the current financial year.(4)The Minister must consult with LGAQ Ltd. about a proposed amendment to a threshold mentioned in this section.(5)In this section—combined water and sewerage service means a service that is the supply of a water service and a sewerage service.sewerage service see the Water Supply (Safety and Reliability) Act 2008, schedule 3.20Identifying significant business activities for report
(1)This section states the information that a local government must use to identify significant business activities in its annual report for a financial year (the current financial year) under section 45(b) of the Act.(2)The local government must use the following information—(a)if the business activity is the provision of combined water and sewerage services—the information about the number of premises connected to a water service stated in the local government’s performance report for the financial year ending immediately before the current financial year;(b)for another business activity—the information presented to the local government’s budget meeting for the financial year ending immediately before the current financial year.(3)In this section—performance report, of a local government, means a performance report given to the regulator by the local government under the Water Supply (Safety and Reliability) Act 2008, section 142A.
10Amendment of s 38 (Building certifying activity—Act, s 47(4)(b))
Section 38, heading, ‘s 47(4)(b)’—
omit, insert—s 47
11Amendment of s 39 (Prescribed business activities—Act, s 47(7))
(1)Section 39, heading, ‘s 47(7)’—
omit, insert—s 47
(2)Section 39(1), ‘$328,000’—
omit, insert—$340,000
12Replacement of s 133 (Interest on overdue rates or charges)
Section 133—
omit, insert—133Interest on overdue rates or charges
(1)Interest is payable on overdue rates or charges from—(a)the day the rates or charges become overdue; or(b)a later day decided by the local government.(2)Interest must be calculated—(a)on daily rests and as compound interest; or(b)in another way the local government decides, if an equal or lower amount will be payable.(3)The rate of interest payable is—(a)for a day before 1 July 2019—an annual rate, of not more than 11%, decided by the local government; or(b)for a day on or after 1 July 2019—an annual rate, of not more than the prescribed rate for the day, decided by the local government.(4)A decision of the local government under this section must—(a)apply equally to all ratepayers; and(b)for a decision under subsection (3)(b)—be made by resolution at the local government’s budget meeting for the financial year that includes the day to which the decision relates.(5)In this section—bank bill yield rate, for a day, means the monthly average yield of 90-day bank accepted bills published by the Reserve Bank of Australia for the month of March in the financial year immediately before the financial year in which the day occurs.The monthly average yield of 90-day bank accepted bills can be accessed on the Reserve Bank of Australia’s website.prescribed rate, for a day, means the rate that is the sum of—(a)the bank bill yield rate for the day, rounded to 2 decimal places; and(b)8%.