City of Brisbane Act 2010
Queensland City
of Brisbane Act
2010 Current as at [Not applicable]
Indicative reprint note This is an
unofficial version of a
reprint of this Act that incorporates all proposed
amendments to
the Act included
in the Local
Government Electoral
(Implementing Stage
1 of Belcarra)
and Other Legislation Amendment
Bill 2018. This
indicative reprint
has been prepared
for information only— it is not an
authorised reprint of the Act .
The
point-in-time date for this indicative reprint is the introduction
date for the Local Government Electoral (Implementing
Stage 1 of Belcarra) and Other Legislation Amendment Bill 2018—6
March 2018. Detailed information about
indicative reprints
is available on
the Information page of the
Queensland legislation website.
©
State of Queensland 2018 This work is licensed under a Creative
Commons Attribution 4.0 International License.
Not
authorised —indicative only
Queensland City of Brisbane
Act 2010 Contents Chapter 1
1 2 3
4 5 6
Chapter 2 Part 1
7 Part 2 8
9 10 11
12 13 14
15 Part 3 16
17 18 Part 4
Division 1 19
Division 2 Page
Preliminary Short title . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . 13 Commencement . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13 Purpose of this Act
. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 13 Local government principles underpin
this Act . . . . . . . . . . . . . .
14 Relationship with
Local Government Act
. . . . . . . . . . . . . . . . . . . 15
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
16
Brisbane City Council City of Brisbane City of Brisbane
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
16
Council constitution, responsibilities and
powers What this part
is about
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
The Brisbane
City Council’s responsibility for
Brisbane . . . . . . . 17
Brisbane City Council is a body corporate . . . . . . . . . . . . . . . . . 17
Powers of council generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
17
Power includes power to conduct joint
government activities . . .
18
Who
the council is constituted by
. . . . . . . . . . . . . . . . . . . . . . . . 19
Responsibilities of councillors
. . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Responsibilities of council employees . . . . . . . . . . . . . . . . . . . . .
20
Wards of Brisbane What this part
is about
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Wards of Brisbane . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
22
Review of wards of Brisbane . . . . . . . . . . . . . . . . . . . . . . . . . . . .
23
Changing Brisbane area or representation Introduction What this part
is about
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
The
process for change
Not authorised —indicative
only City of Brisbane Act 2010
Contents 20
21 22 23
Chapter 3 Part 1
Division 1 24
Division 2 25
26 Part 2 Division 1
27 28 Division 2
29 30 31
32 33 34
35 Division 3 37
38 39 40
41 41A Division 4
42 Division 5 42A
42B Part 3 Page 2
Who
may start the change process . . . . . . . . . . . . . . . . . . .
. . . . Assessment . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . Implementation . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Decisions under this division are not
subject to appeal . . . . . . . . The business of
the council Statutory committees and council meetings Statutory
committees of the council
Establishment and
Coordination Committee . . . . . . . . . . . . . . . . Meetings of the council or its committees Chairperson of
the council
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Mayor as member of standing committees of
the council
. . . . . .
Local laws
Introduction What this part is
about .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Interaction with State laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Making, recording and reviewing
local laws Power to make a local law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Local law
making process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
State interest check . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Publication of
local laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Expiry of interim
local law
revives previous law
. . . . . . . . . . . . .
Local law register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Consolidated versions of local laws
. . . . . . . . . . . . . . . . . . . . . . Local laws that can not be made What this division is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Network connections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Election advertising . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Development processes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Anti-competitive provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Swimming pool safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Action by the Minister about
particular local laws
Suspending or
revoking particular local
laws . . . . . . . . . . . . . . . Miscellaneous Local law about
seizing and
disposing of
personal property . . . . Owners’ liability for party houses . . . . . . . . . . . . . . . . . . . . . . . . .
Beneficial
enterprises and business activities 24
24 25 26
26
27
27
28
28
29
29
30
30
32
33
33
33
34
34
34
35
35
36
37
38
Division 1 43
44 45 Division 2
47 48 49
50 51 52
Part
4 Division 1 65
66 67 68
69 70 71
72 73 74
75 76 77
78 79 80
81 82 Division 2
83 84 85
86 City of Brisbane Act 2010
Contents Beneficial
enterprises What this division is about . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . Conducting
beneficial enterprises . . . . . . . . . . . . . . . . . . . . . .
. . Identifying beneficial enterprises . . . . .
. . . . . . . . . . . . . . . . . . . . Business reform,
including competitive neutrality What this division is
about .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ways to apply the competitive
neutrality principle . . . . . . . . . . . . Identifying significant business activities
. . . . . . . . . . . . . . . . . . . Assessing public benefit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Code of
competitive conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Competitive neutrality complaints . . . . . . . . . . . . . . . . . . . . . . . .
Roads and other
infrastructure Roads
What
this division is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Control of roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Notice of intention to acquire land to widen a road . . . . . . . . . . .
Compensation for
a notice
of intention
to acquire
land .
. . . . . . . Appeal on a
claim for
compensation . . . . . . . . . . . . . . . . . . . . . .
Acquisition of land instead of compensation
. . . . . . . . . . . . . . . .
What
is to happen if a realignment
is not
carried out . . . . . . . . .
Compensation if
realignment not carried out . . . . . . . . . . . . . . . . Acquiring land for use as a footpath . . . . . . . . . . . . . . . . . . . . . .
Notice to the council of opening or closing of roads . . . . . . . . . . Closing roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Temporary roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Brisbane River . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Road
levels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Assessment of
impacts on
roads from
certain activities . . . . . . . Categorisation of roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Roads map and
register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Unauthorised works on roads . . . . . . . . . . . . . . . . . . . . . . . . . . .
Stormwater drains What this division is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Connecting stormwater installation to
stormwater drain . . . . . . .
No
connecting sewerage to stormwater
drain .
. . . . . . . . . . . . . .
No
trade waste or prohibited substances
in stormwater
drain . .
40 40 41
41
42
43
43
44
45
46
47
48
49
50
51
52
52
53
54
55
55
56
57
58
59
59
60
61
61
62
64
Page 3 Not authorised —indicative only
City
of Brisbane Act 2010 Contents Not
authorised —indicative
only 87 Division 3
88 89 90
91 92 Part 5
92A 92B 92C
92D Chapter 4 Part 1
93 94 95
96 97 98
Part
2 99 100 101
Part
3 102 103 104
Part
4 105 106 107
108 109 Chapter 5
Interference with path of stormwater . . . .
. . . . . . . . . . . . . . . . . . 66
Other infrastructure Malls
. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . 66 City Botanic Gardens
. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 67 Resumption of prescribed land by
council . . . . . . . . . . . . . . . . . . 67
Ferry services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
Materials in
infrastructure are council property . . . . . . . . . . . . . . 69
Caretaker period arrangements Caretaker
period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
69
Prohibition on major policy decision in caretaker period
. . . . . . . 70
Invalidity of major policy decision in caretaker period
without approval 70
Prohibition on election material in
caretaker period . . . . . . . . . . 71
Finances and accountability
Rates and charges What this part
is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . 71 Types
of rates
and charges
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
Land
on which rates are levied
. . . . . . . . . . . . . . . . . . . . . . . . . . 73
Power to levy
rates and
charges .
. . . . . . . . . . . . . . . . . . . . . . . .
74
Overdue rates and
charges are
a charge
over rateable
land . . . 75
Regulations for
rates and
charges . . . . . . . . . . . . . . . . . . . . . . . 76
Fees Cost-recovery
fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
Register of cost-recovery fees
. . . . . . . . . . . . . . . . . . . . . . . . . . . 77
Fees
on occupiers of land below the high-water mark
. . . . . . . . 78
Financial planning and accountability Statutory Bodies
Financial Arrangements Act
applies to
council 78 Systems of financial management . . . . . . . . . . . . . . . . . . . . . . . 79
Approval of budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
80
Councillors’ financial accountability What this part
is about
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
Councillor’s discretionary funds
. . . . . . . . . . . . . . . . . . . . . . . . . .
80
Councillors liable for improper disbursements . . . . . . . . . . . . . .
80
Councillors liable for loans to individuals .
. . . . . . . . . . . . . . . . . .
81
Councillors liable for improper borrowings . . . . . . . . . . . . . . . . . 82
Monitoring and
enforcing the
local government related
laws Page
4
City
of Brisbane Act 2010 Contents Not authorised —indicative only
Part
1 110 111 112
113 Part 2 Division 1
Subdivision 1 114 115
Subdivision 2 116 Subdivision
3 117
118 119 120
121 122 123
123A 124 125
126 Division 2 127
127A 128 129
130 131 132
133 The council What this part
is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . 83 Decisions under this part are not
subject to appeal . . . . . . . . . . 83
Gathering information . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .
84 Acting on the information gathered . .
. . . . . . . . . . . . . . . . . . . . . 84
The
public Powers of authorised persons Introduction What this
division is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
Producing authorised person’s identity card
. . . . . . . . . . . . . . . .
86
Power to require a person’s name and address
Power to require
a person’s name and address . . . . . . . . . . . . .
86
Powers to enter
property etc. Entering a public place that is open without the need for permission 87 Entering private property with,
and in
accordance with, the occupier’s
permission . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .
88 Entering private property with, and in
accordance with, a warrant 89 Warrants—applications made electronically .
. . . . . . . . . . . . . . . 91
Entering under an application, permit or
notice . . . . . . . . . . . . . . 93
Entering property under an approved
inspection program . . . . . 94
Approving
an inspection
program . . . . . . . . . . . . . . . . . . . . . . . .
95
Entry by authorised person, at reasonable times,
to inspect
regulated pools
. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . 97 General powers after entering a
property . . . . . . . . . . . . . . . . . .
97 Authorised person to give notice of
damage . . . . . . . . . . . . . . . . 98
Compensation for damage or loss caused after
entry . . . . . . . . . 99 Powers of other
persons What this division
is about
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
100
Notices for this division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
101
Identity card for use under this division . . . . . . . . . . . . . . . . . . . . 102
Entry with, and in accordance
with, permission of
occupier . . . .
102
Entry by an
owner, with
reasonable entry notice,
under a
remedial notice 103 Occupier may
discharge owner’s obligations . . . . . . . .
. . . . . . . 103 Entry by a council worker, with
reasonable entry notice, under a remedial notice . . . .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
104
Entry by a council worker, with
reasonable entry notice,
to take
materials Page 5
Not authorised —indicative
only City of Brisbane Act 2010
Contents 134
135 136 137
138 Part 3 Division 1
139 Division 2 140
141 142 Division 3
143 144 145
146 147 Part 4
148 149 150
Chapter 6 Part 1
151 Part 2 Division 1
152 153 154
155 156 157
105 Entry by a council worker, at
reasonable times, to repair etc. facilities 106
Entry by a council worker, at any time, for
urgent action . . . . . . . 107
Entry with, and in accordance with, a court
order . . . . . . . . . . . . 108
Compensation for damage or loss
caused . . . . . . . . . . . . . . . . .
109 Limitation of time in absence of
notice of work done . . . . . . . . . . 110
Investigation
of council
records Introduction What this part
is about
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. 110 Investigations by department Producing
authorised officer’s identity card . . . . . . . . . . . . . . . . .
110
Making of inquiries for department . . . . . . . . . . . . . . . . . . . . . . . 111
Power to require
information or document
for department investigation 111
Investigations by council
Producing authorised person’s identity card
. . . . . . . . . . . . . . . . 112
Making of inquiries for council . . . . . .
. . . . . . . . . . . . . . . . . . . . . 113
Power to require information or document for
council investigation 113 Referral to
department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
114
Chief executive
officer not
subject to
direction . . . . . . . . . . . . . .
115
Offences Obstructing
enforcement of this Act or local laws etc. . . . . . . . . .
115
Impersonating an
authorised person . . . . . . . . . . . . . . . . . . . . . . 116
Duty
to make documents available .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
116
Administration Introduction What this
chapter is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
Councillors Qualifications
of councillors Qualifications of
councillors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
Disqualification for certain
offences .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
118
Disqualification of prisoners
. . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
Disqualification because of other high office . . . . . . . . . . . . . . . . 120
Disqualification
during bankruptcy .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. 120 Judicial review of qualifications
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
120
Page
6
158 Division 2 159
160 160A Division 3
161 162 163
164 165 166
Division 4 167
Division 5 169
170 171 172
173 173A 173B
177 Division 5A 177A
177B 177C 177D
177E 177F 177G
177H 177I 177J
City
of Brisbane Act 2010 Contents Acting as
councillor without authority . . . . . . . .
. . . . . . . . . . . . . 121 Councillor’s
term of office When a councillor’s term starts . . . . . .
. . . . . . . . . . . . . . . . . . . . 121
When
a councillor’s term ends . . . . . . . . . . . . . . . . . . .
. . . . . . . 121 Compulsory leave without pay
. .
. . . . . . . . . . . . . . . . . . . . . . . . 122
Vacancies in
councillor’s office
What this
division is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
When
a councillor’s office becomes
vacant . . . . . . . . . . . . . . . .
123
When
a vacancy in an office must be filled . . . . . . . . . . . . . . . . .
123
Filling a vacancy in the office of mayor . . . . . . . . . . . . . . . . . . . . 124
Acting mayor
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
124
Filling a vacancy in the office of another councillor
. .
. .
. .
. .
. .
. 125 Councillors with other jobs Councillors and council
jobs . . . . . . . . . . . . . . . . . . . . . . . . . . . .
126
Obligations of
councillors Obligations
of councillors before
acting in
office .
. .
. .
. .
. .
. .
. .
126
Giving directions to council staff . . . . . . . . . . . . . . . . . . . . . . . . .
127
Requests for
assistance or information
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
127
Inspection of particular records
by councillors . . . . . . . . . . . . . .
128
Use of
information by councillors . . . . . . . . . . . . . . . . . . . . . . . .
129
Prohibited conduct by councillor
in possession of
inside information 129 Obligation of councillor to
correct register of
interests . . . . . . . .
131
Post-election meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
132
Dealing with councillors’ personal interests
in council
matters Purpose of
division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
132
Meaning of material personal
interest .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
133
Councillor’s material personal
interest at
a meeting . . . . . . . . . .
133
Meaning of conflict of
interest . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
Councillor’s
conflict of
interest at
a meeting . . . . . . . . . . . . . . . .
136
Minister’s approval for councillor
to participate or
be present
to decide matter . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . 138 Duty to report another councillor’s
material personal interest or conflict of interest at a
meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
138
Offence to take retaliatory action
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. 139 Offence for councillor with material
personal interest or
conflict of
interest to influence
others .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. 139 Records
about material personal
interests and conflicts
of interests at
Page 7 Not authorised —indicative only
City
of Brisbane Act 2010 Contents Not
authorised —indicative
only Division 6 178
178A 179 180
180A 181 182
183 183A 186
Division 7 186A
Part
3 187 188 189
Part
4 Division 1 190
191 Division 2 192
193 194 Division 3
195 196 197
198 Part 5 199
200 201 202
Page
8 meetings . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. Conduct and performance of
councillors What this division is about . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . Application to
former councillors . . . . . . . . . . . . . . . . . . . . . . . .
. Preliminary assessments of complaints
. .
. . . . . . . . . . . . . . . . . Action after
preliminary assessments . . . . . . . . . . . . . . . . . . . . . Preliminary dealings with
complaints before hearing . . . . . . . . . Notifying councillor of the hearing of a complaint
. . . . . . . . . . . . Hearing and deciding complaints . . . . . . . . . . . . . . . . . . . . . . . .
Taking disciplinary action—BCC councillor conduct
review panel Records about complaints .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. Application
of Crime
and Corruption Act
. .
. .
. .
. .
. .
. .
. .
. .
. .
. Conduct in
meetings of
the council Conduct in
meetings of the council
or its
committees . . . . . . . . . BCC councillor conduct review
panel Appointing
members of the BCC councillor conduct
review panel Remuneration and appointment
conditions of members . . . . . . . Conflict
of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Council employees Chief executive
officer Appointing a
chief executive officer
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. Appointing an
acting chief executive
officer . . . . . . . . . . . . . . . .
Other council employees Appointing
senior contract employees . . . . . . . . . . . . . . . . . . . .
Appointing other
council employees . . . . . . . . . . . . . . . . . . . . . .
Disciplinary action against
council employees . . . . . . . . . . . . . .
Common provisions Concurrent employment of
council employees .
. .
. .
. .
. .
. .
. .
. Improper conduct
by council
employees .
. .
. .
. .
. .
. .
. .
. .
. .
. .
Use
of information by council employees . . . . . . . . . . . . . . . . . .
Annual report must detail
remuneration . . . . . . . . . . . . . . . . . . . Authorised
persons Appointing
authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . .
End
of appointment of authorised persons . . . . . . . . . . . . . . . . . Identity card for authorised
persons . . . . . . . . . . . . . . . . . . . . . .
Authorised persons must disclose
change in
criminal history . . .
140 141 143
144 145
146
147
148
148
150
151
151
152
154
154
154
155
155
156
156
156
157
157
158
159
159
160
160
203 204 Chapter 7
Part
1 205 206 207
208 Part 2 209
210 211 212
Part
3 213 214 Part 4
215 216 217
218 219 220
221 222 223
224 225 226
227 228 229
230 231 City of Brisbane
Act 2010 Contents Chief executive
officer may obtain report from police commissioner 161
Use
of criminal history information . . . . . . . .
. . . . . . . . . . . . . . . 161
Other provisions Way to hold a
hearing What this part is about . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . 162
Procedures at
hearing .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
162
Witnesses at hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
163
Contempt at
hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
164
Superannuation What this part
is about
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. 164 Super scheme for councillors . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
Superannuation scheme for council employees
and associated persons 165
Super schemes to be audited by
auditor-general . . . . . . . . . . . . 166
Allocating Commonwealth funding to
council Allocating Commonwealth funding
. .
. . . . . . . . . . . . . . . . . . . . . 166
Decisions under this division are not
subject to appeal . . . . . . . . 166
Legal provisions False or
misleading information
. . . . . . . . . . . . . . . . . . . . . . . . .
167
Administrators who act honestly and
without negligence are
protected from liability .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . 168 Who is authorised to sign council
documents . . . . . . . . . . . . . . . 169
Name
in proceedings by or against council . . . . . . . . . . . . . . .
. . 169 Service of documents on council . . .
. . . . . . . . . . . . . . . . . . . . . . 169
Substituted service . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . .
169 Local
government related laws
requiring a
statement of a law . . 170
Acting for council in legal proceedings . . . . . . . . . . . . . . . . . . . .
170
Attempt to commit offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171
Types of offences under this Act . . . . . . . . . . . . . . . . . . . . . . . . .
171
Time
to start proceedings in a summary way
. . . . . . . . . . . . . . .
172
Decisions not subject to appeal . . . . . . . . . . . . . . . . . . . . . . . . . . 173
Judges and other
office holders not
disqualified from adjudicating 173 Where fines are to be paid to . . . . . . . . . . . . . . . . . . . . . . . . . . .
173
Evidence of local laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174
Evidence of proceedings of
council .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
174
Evidentiary value of copies . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
175
Page 9 Not
authorised —indicative only
City
of Brisbane Act 2010 Contents Not
authorised —indicative
only 232 233
234 235 Part 5
236 237 238
239 240 Part 6
241 242 243
244 245 246
247 248 250
250A 251 252
Chapter 8 Part 1
253 Part 2 254
255 256 257
258 259 260
261 262 Page 10
Evidentiary value of certificates . . . . .
. . . . . . . . . . . . . . . . . . . . . Evidence of
directions given to council . . . . . . . . . . . . . . . . . . .
. Evidence of complainant’s knowledge of
matter . . . . . . . . . . . . . Constitution and
limits of council need not be proved . . . . . . . . .
Delegation of powers Delegation of
Minister’s
powers . . . . . . . . . . . . . . . . . . . . . . . . . Delegation of department’s
chief executive’s
powers .
. .
. .
. .
. .
Delegation of council powers . . . . . . . . . . . . . . . . . . . . . . . . . . .
Delegation of chief executive
officer’s
powers . . . . . . . . . . . . . .
Council delegations register . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Other provisions Public office
of the
council .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. Powers in
support of responsibilities .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. Validity of
council proceedings . . . . . . . . . . . . . . . . . . . . . . . . . .
Acceptable requests guidelines
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
Insurance to cover councillors
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. Special
entertainment precincts
. . . . . . . . . . . . . . . . . . . . . . . . .
Land
registry searches free of charge . . . . . . . . . . . . . . . . . . . . .
Approved forms .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. Process for
administrative action complaints . . . . . . . . . . . . . . . Advisory polls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Information for the Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repeal, transitional, savings and
validation provisions Repeals
Repeal . . . .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. Transitional
and savings
provisions for Act No. 23 of 2010
What
this part is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Brisbane City
Council continued .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
Local laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Decisions under repealed Acts . . . . . . . . . . . . . . . . . . . . . . . . . . Established malls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proceedings and evidence
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Super trust deed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Registers . .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. References
to repealed
Acts .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. 175
175 176 176
176
176
176
177
177
178
178
178
179
179
179
180
181
181
182
182
182
183
184
184
184
185
186
186
186
187
187
Not authorised —indicative only
Part
4 266 Part 5 267
268 Part 6 269
Part
7 270 271 272
273 274 275
Schedule 1 City of Brisbane
Act 2010 Contents Transitional
provision for Revenue and Other Legislation Amendment Act
2011 Continued superannuation scheme for council
employees . . . . . 187 Transitional provisions for Local
Government and Other Legislation Amendment Act 2012
Change in dealing with complaints
. .
. . . . . . . . . . . . . . . . . . . . . 188
Change in process for making local laws
. . . . . . . . . . . . . . . . . . 188
Validation provision for Sustainable
Planning (Infrastructure Charges) and Other Legislation
Amendment Act 2014
Validation of rates charged . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189
Transitional provisions for Planning
(Consequential) and Other Legislation Amendment Act
2016 Definitions for
part .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. 189 Existing development application—resumption of
particular land 190
Entry under existing application, permit or
notice . . . . . . . . . . . . 190
Existing remedial notice . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . 190
Existing
inside information .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. 191 Existing unpaid fine—where fine to be paid to . . . . . . . . . . . . . . 191
Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
192
Page
11
Not authorised— indicative
only
City
of Brisbane Act 2010 City of Brisbane Act 2010
Chapter 1 Preliminary [s 1]
An Act
to provide a system of local government in the City of
Brisbane Not
authorised —indicative only
Chapter 1 Preliminary 1
Short
title This Act may be cited as the
City
of Brisbane Act 2010 . 2
Commencement (1)
This Act,
other than
the following, commences
on 1 July
2010— (a)
section 344; (b)
schedule 1, amendments of this Act.
(2) Schedule 1, amendments of
this Act,
commences on
2 July 2010.
3 Purpose of this Act
(1) The purpose of this Act is to provide
for— (a) the way
in which the
Brisbane City
Council is
constituted and
the unique nature
and extent of
its responsibilities and powers;
and (b) a system
of local government in
Brisbane that
is accountable, effective, efficient and
sustainable. Current as at [Not applicable]
Page
13
Not authorised —indicative
only City of Brisbane Act 2010
Chapter 1 Preliminary [s 4]
(2) Compared to
other local
governments in
Queensland, the
council is
unique in
its nature and
the extent of
its responsibilities and powers for the
following reasons— (a) Brisbane is the capital city of
Queensland; (b) the council is the largest provider of
local government services in Queensland; (c)
there are 26 councillors (other than the
mayor) who each represent the interests of the residents of
a ward; (d) the mayor has unique responsibilities
as the mayor of a capital city; (e)
the council has
an Establishment and
Coordination Committee that
coordinates its business; (f) the
chairperson of
the council presides
at all of
its meetings and
is responsible for
ensuring its
rules of
procedure are observed and enforced.
4 Local government principles underpin
this Act (1) To ensure
the system of
local government in
Brisbane is
accountable, effective, efficient
and sustainable, Parliament requires—
(a) anyone who
is performing a
responsibility under
this Act to do so in
accordance with the local government principles;
and (b) any action that is taken under this
Act to be taken in a way that— (i)
is
consistent with the local government principles;
and (ii) provides results
that are consistent with the local government
principles, in as far as the results are within the
control of the person who is taking the action.
(2) The local government
principles are— Page 14
Current as at [Not applicable]
Not authorised —indicative only
City
of Brisbane Act 2010 Chapter 1 Preliminary
[s
5] (a) transparent and
effective processes, and
decision-making in the public interest;
and (b) sustainable development and management
of assets and infrastructure, and delivery of effective
services; and (c) democratic representation, social
inclusion and
meaningful community engagement; and
(d) good governance of, and by, local
government; and (e) ethical and
legal behaviour
of councillors and
council employees. 5
Relationship with Local Government
Act (1) Although the
Brisbane City
Council is
a local government, this
Act, rather
than the
Local Government Act,
provides for—
(a) the way
in which the
Brisbane City
Council is
constituted and
the nature and
extent of
its responsibilities and powers;
and (b) a system of local government in
Brisbane. (2) Generally, the Local Government Act
does not apply to the Brisbane City Council or its
councillors, employees, agents or contractors. (3)
However, particular provisions of the Local
Government Act apply, or may apply, to the Brisbane City
Council as a local government. Examples—
1 The Local Government Act, chapter 7,
part 2 applies to the council as a local
government for the purpose of superannuation for certain
persons who are connected to the
council. 2 The Local Government Act, chapter 2A
would apply to the council if the council were a component local
government for a joint local government. Current as at
[Not applicable] Page 15
City
of Brisbane Act 2010 Chapter 2 Brisbane City Council
[s
6] 6 Definitions The dictionary
in schedule 1 defines particular words used in this Act.
Not authorised —indicative
only Chapter 2 Brisbane City
Council Part 1 City of
Brisbane 7 City of Brisbane (1)
The
area of Brisbane continues to be a city under the name
‘City of Brisbane’. (2)
The boundaries of
Brisbane are
the boundaries of
the city immediately
before 1 July 2010 and as subsequently varied under this
Act. (3) Brisbane is the capital city of
Queensland. (4) A regulation may describe the
boundaries of Brisbane. Part 2 Council
constitution, responsibilities and powers
8 What this part is about
This
part explains— (a) what the Brisbane City Council is;
and (b) who constitutes the council;
and (c) the responsibilities and
powers of
the council, its
councillors and its employees.
Page
16 Current as at [Not applicable]
Not authorised —indicative only
City
of Brisbane Act 2010 Chapter 2 Brisbane City Council
[s
9] 9 The Brisbane City Council’s
responsibility for Brisbane The Brisbane
City Council (the council ) is the elected
body that is responsible for the good rule and
local government of Brisbane. 10
Brisbane City Council is a body
corporate The council— (a)
is a
body corporate with perpetual succession; and (b)
has
a common seal; and (c) may sue and be sued, and otherwise
exercise its powers, under the name ‘Brisbane City
Council’. 11 Powers of council generally
(1) The council has the power to do
anything that is necessary or convenient for
the good rule
and local government of
Brisbane. Note—
Also, see section 242 for more information
about powers. (2) However, the council can only do
something that the State can validly
do. (3) When exercising a
power, the
council may
take account
of Aboriginal tradition and Island
custom. (4) The council may exercise its
powers— (a) inside Brisbane; or
(b) outside Brisbane (including outside
Queensland)— (i) with the written approval of the
Minister; or (ii) as provided
under section 12(5). (5) When
the council is
exercising a
power in
a place that
is outside Brisbane, the council has the
same jurisdiction in the place as if the place were inside
Brisbane. Current as at [Not applicable]
Page
17
Not authorised —indicative
only City of Brisbane Act 2010
Chapter 2 Brisbane City Council
[s
12] (6) Subsections (7) and (8) apply if the
council is a component local government for a joint local
government. (7) Despite subsection (1), the council
may not, within the joint local government’s area, exercise a
power for which the joint local government has
jurisdiction. (8) However, the council may exercise the
power as a delegate of the joint local government.
12 Power includes power to conduct joint
government activities (1)
The
council may exercise its powers by cooperating with 1 or
more other
local, State
or Commonwealth government to
conduct a joint government activity.
(2) A joint government
activity includes providing a service, or
operating a facility, that involves the
other governments. (3) The cooperation with another
government may take any form, including for
example— (a) entering into an agreement; or
(b) creating a
joint local
government entity,
or joint government entity,
to oversee the
joint government activity;
or (c) being a
component local
government for
a joint local
government. Note—
For
the establishment of joint local governments, see the Local
Government Act, chapter 2A.
(4) A joint government activity may be set
up for more than 1 purpose. Example—
Three local governments may create a joint
local government entity to manage an
aerodrome that
services each
of their local
government areas, and may
also enter into an agreement to sell water in bulk to one
of
the local governments. Page 18 Current as at
[Not applicable]
Not authorised —indicative only
City
of Brisbane Act 2010 Chapter 2 Brisbane City Council
[s
13] (5) The council may exercise a power in
another government’s area for the purposes of a joint
government activity, in the way agreed by the
governments. (6) However, if the power is to be
exercised under a local law, the local
law must expressly
state that
it applies to
the other government’s
area. Note— See section 30
for more information about making local laws. 13
Who
the council is constituted by (1)
Usually, the council is constituted by the
mayor and 26 other councillors who are elected or appointed to
the council under this Act or the Local Government
Electoral Act 2011 . (2) However,
if there are
no councillors for
any reason, the
council is constituted by its chief
executive officer. 14 Responsibilities of councillors
(1) A councillor must represent the
current and future interests of the residents of
Brisbane. (2) All councillors have the same
responsibilities, but the mayor has some extra
responsibilities. (3) All councillors have the following
responsibilities— (a) ensuring the council—
(i) discharges its responsibilities under
this Act; and (ii) achieves its
corporate plan; and (iii) complies with
all laws that apply to the council; (b)
providing high quality leadership to the
council and the community; (c)
participating, for the benefit of Brisbane,
in— (i) meetings of the council; and
Current as at [Not applicable]
Page
19
Not authorised —indicative
only City of Brisbane Act 2010
Chapter 2 Brisbane City Council
[s
15] (ii) policy
development and
decision-making about
matters being
considered at
a meeting of
the council; (d)
being accountable to
the community for
the council’s performance. (4)
The
mayor has the following extra responsibilities— (a)
implementing the policies adopted by the
council; (b) developing and
implementing policies,
other than
policies that
conflict with
policies adopted
by the council;
(c) leading and controlling the business
of the council; (d) preparing a budget to present to the
council; (e) leading, managing, and providing
strategic direction to the chief
executive officer
in order to
achieve high
quality administration of the
council; (f) ensuring that the council promptly
provides the Minister with the information about Brisbane,
or the council, that is requested by the Minister;
(g) arranging representation of the
council at ceremonial or civic functions; (h)
directing the chief executive officer and
senior contract employees of the council.
(5) When performing a responsibility, a
councillor must serve the overall public interest of the whole
of Brisbane. 15 Responsibilities of council
employees (1) All employees
of the council
have the
following responsibilities— (a)
implementing the policies and priorities of
the council in a way that promotes— (i)
the effective, efficient
and economical management of
public resources; and Page 20 Current as at
[Not applicable]
Not authorised —indicative only
City
of Brisbane Act 2010 Chapter 2 Brisbane City Council
[s
15] (ii) excellence in
service delivery; and (iii) continual
improvement; (b) carrying out
their duties
in a way
that ensures
the council— (i)
discharges its responsibilities under this
Act; and (ii) complies
with all
laws that
apply to
the council; and
(iii) achieves its
corporate plan; (c) providing sound and impartial advice
to the council; (d) carrying out their duties impartially
and with integrity; (e) ensuring their
personal conduct
does not
reflect adversely on the
reputation of the council; (f) improving all
aspects of their work performance; (g)
observing all laws relating to their
employment; (h) observing the ethics principles under
the Public Sector Ethics Act
1994 , section 4; (i)
complying with
a code of
conduct under
the Public Sector Ethics
Act 1994 . (2) The
chief executive
officer has
the following extra
responsibilities— (a)
managing the council in a way that
promotes— (i) the effective, efficient
and economical management of
public resources; and (ii) excellence in
service delivery; and (iii) continual
improvement; (b) managing the
other council
employees through
management practices that—
(i) promote equal employment
opportunities; and (ii) are
responsive to
the council’s policies
and priorities; Current as at
[Not applicable] Page 21
Not authorised —indicative
only City of Brisbane Act 2010
Chapter 2 Brisbane City Council
[s
16] (c) establishing and
implementing goals
and practices in
accordance with
the policies and
priorities of
the council; (d)
establishing and
implementing practices
about access
and
equity to ensure members of the community have access
to— (i) council programs; and
(ii) appropriate avenues
for reviewing council
decisions; (e)
the
safe custody of— (i) all records
about the
proceedings, accounts
or transactions of the council or its
committees; and (ii) all documents
owned or held by the council; (f)
complying with
particular requests
under section
171 from councillors. Part 3
Wards of Brisbane 16
What
this part is about This part is about the number of electors
that are to be in each ward of Brisbane to ensure democratic
representation. 17 Wards of Brisbane (1)
Brisbane is divided into 26 areas
called wards .
(2) A regulation may
describe the
boundaries of
any ward of
Brisbane. (3)
Each
ward of Brisbane must have a reasonable proportion of
electors. (4)
A reasonable proportion of
electors is the number of electors
that
is worked out by dividing the total number of electors in
Brisbane (as
nearly as
can be found
out) by
the number of
councillors (other than the mayor), plus or
minus 10%. Page 22 Current as at
[Not applicable]
Not authorised —indicative only
City
of Brisbane Act 2010 Chapter 2 Brisbane City Council
[s
18] Example— If the total
number of electors in Brisbane is 1,500,000, and the number
of
councillors (other than the mayor) is 5, the reasonable proportion
of electors is 300,000 (i.e. 1,500,000 divided
by 5) plus or minus 10%, i.e. between 270,000
and 330,000 electors. (5) When
changing the
wards of
Brisbane, the
reasonable proportion of
electors must
be worked out
as near as
practicable to the time when the change is
to happen. 18 Review of wards of Brisbane
The
council must, no later than 1 October in the year that is 2
years before the year of the quadrennial
elections— (a) review whether
each of
the wards of
Brisbane has
a reasonable proportion of electors;
and (b) give the electoral commissioner and
the Minister written notice of the results of the
review. Part 4 Changing
Brisbane area or representation Division 1
Introduction 19
What
this part is about (1) This part is about making a boundary
change. (2) A boundary
change is a change of the boundaries of
Brisbane or any ward of Brisbane. (3)
In
summary, the process for making a boundary change is as
follows— •
assessment —the change
commission assesses whether a proposed
boundary change is in the public interest •
implementation —the
Governor in
Council implements the boundary
change under a regulation. Current as at [Not applicable]
Page
23
City
of Brisbane Act 2010 Chapter 2 Brisbane City Council
[s
20] (4) The change
commission ,
which conducts
the assessment phase of the
process, is an independent body created under the
Local Government Act. Not
authorised —indicative
only Division 2 The process for
change 20 Who may start the change
process For a boundary change— (a)
the
council; or (b) the Minister; or (c)
the
electoral commission; may apply
to the change
commission to assess
whether the
change should be made. 21
Assessment (1)
The
change commission is responsible for assessing whether a
proposed boundary change is in the public
interest. (2) In doing so, the change commission
must consider— (a) whether the
proposed boundary
change is
consistent with a local
government related law; and (b)
the
views of the Minister about the proposed boundary
change; and (c)
any
other matters prescribed under a regulation. (3)
The
change commission may conduct its assessment in any
way that it
considers appropriate, including, for
example, by—
(a) asking for submissions from any local
government that would be affected by the proposed boundary
change; or (b) holding a public hearing (in the way
set out in chapter 7, part 1) to ask the public for its
views about the proposed boundary change. Page 24
Current as at [Not applicable]
Not authorised —indicative only
City
of Brisbane Act 2010 Chapter 2 Brisbane City Council
[s
22] (4) However, the Minister may direct the
change commission in writing to conduct its assessment of
the proposed boundary change in a particular way.
(5) Despite subsection (3), the change
commission must comply with the Minister’s direction.
(6) The change commission must let the
public know the results of its assessment and the reasons for
the results, by publishing notice of the results—
(a) in a newspaper that is circulating
generally in Brisbane; and (b)
in
the gazette; and (c) on the electoral commission’s
website. (7) The change
commission must
also give
the results of
its assessment to the Minister.
(8) The change commission may recommend
that the Governor in Council implement the change
commission’s assessment. 22 Implementation (1)
The Governor in
Council may
implement the
change commission’s
recommendation under a regulation. (2)
The
regulation may provide for anything that is necessary or
convenient to
facilitate the
implementation of
the boundary change.
(3) For example, the regulation may
provide for— (a) holding or postponing a council
election; or (b) the transfer of assets and liabilities
between the council and another local government.
(4) The council
is not liable
to pay a
State tax
in relation to
a transfer or other arrangement made to
implement a boundary change. (5)
A State tax is a tax,
charge, fee or levy imposed under an Act, other than a
duty under the Duties Act 2001 .
Current as at [Not applicable]
Page
25
City
of Brisbane Act 2010 Chapter 3 The business of the
council [s 23] 23
Decisions under this division are not
subject to appeal A decision of the change commission under
this division is not subject to appeal. Note—
See
section 226 for more information. Not
authorised —indicative
only 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 (1) The standing
committee of
the council called
the Establishment and Coordination
Committee is continued as a statutory
committee of the council. (2) The committee
coordinates the business of the council. (3)
The committee consists
of the mayor
and all committee
chairpersons of the standing committees of
the council. (4) Only a councillor may be a member of
the committee. (5) The mayor is the chairperson of the
committee. (6) The committee is collectively
responsible to the council. Note—
Under the Right to
Information Act 2009 (the RTI Act
),
schedule 3, section 4A, particular information relating
to the committee is exempt information. Accordingly, access to
that information may be refused— see section
47(3)(a) of the RTI Act. However, despite the council being
able, under that section, to refuse access,
the council may decide to give access—see
section 48(3) of the RTI Act. Page 26
Current as at [Not applicable]
Not authorised —indicative only
Division 2 City of Brisbane
Act 2010 Chapter 3 The business of the council
[s
25] Meetings of the council or its
committees 25
Chairperson of the council
(1) The council must, by resolution,
appoint a chairperson of the council from its
councillors (other than the mayor or deputy mayor) at the
first meeting after the office of the chairperson
becomes vacant. (2)
The
chairperson of the council presides at all meetings of the
council and is responsible for ensuring its
rules of procedure are observed and enforced.
Note— The chairperson
of the council also has powers under section 186A in
relation to
inappropriate conduct
by councillors in
meetings of
the council. (3)
However, the chairperson of the council does
not preside at meetings of committees of the
council. Note— A committee
chairperson presides at meetings of a committee of the
council. 26
Mayor
as member of standing committees of the council (1)
The mayor is
a member of
all standing committees of
the council. (2)
The
mayor may, at the mayor’s discretion, attend, participate
in or vote
at any meeting
of a standing
committee of
the council. Current as at
[Not applicable] Page 27
City
of Brisbane Act 2010 Chapter 3 The business of the
council [s 27] Part 2
Local laws Not
authorised —indicative
only Division 1 Introduction 27
What
this part is about (1) This part is about local laws.
(2) A local law
is a
law made by the council. (3) Unless there is
a contrary intention, a reference in this Act to a
local law includes a
reference to— (a) an interim local law; and
(b) a subordinate local law; and
(c) a local law that incorporates a model
local law. (4) An interim local
law is a local law that has effect for 6
months or less. (5)
A subordinate local law
is a
local law that— (a) is made under a power contained in a
local law; and (b) provides for the detailed
implementation of the broader principles
contained in the local law. (6)
A
subordinate local law is called that because it is
subordinate to the local law under which it is made, so
that if there is any inconsistency between the subordinate
local law and the local law, the local law prevails to the
extent of the inconsistency. (7)
A model local
law is a
local law
approved by the
Minister under
the Local Government Act,
section 26(7), as
being suitable for
incorporation by all local governments into their
local laws. 28
Interaction with State laws
If
there is any inconsistency between a local law and a law
made
by the State, the law made by the State prevails to the
extent of the inconsistency.
Page
28 Current as at [Not applicable]
Not authorised —indicative only
Division 2 City of Brisbane
Act 2010 Chapter 3 The business of the council
[s
29] Making, recording and reviewing
local laws 29
Power
to make a local law (1) The council
may make and
enforce any
local law
that is
necessary or
convenient for
the good rule
and local government of
Brisbane. (2) However, the council must not make a
local law— (a) that sets
a penalty of
more than
850 penalty units
for each conviction of failing to comply
with a local law, including each
conviction when
there is
more than
1 conviction for a continuing offence or
repeat offence; or (b) that purports
to stop a
local law
being amended
or repealed in the future; or
(c) about a subject that is prohibited
under division 3. 30 Local law making process
(1) The council may decide its own process
for making a local law to the extent that the process is not
inconsistent with this part. (2)
The
council makes a local law by passing a resolution to make
the
local law. (3) If the council proposes to make a
local law about a matter (the new
local law
) and there
is an existing
local law
about the
same
matter that would be inconsistent with the new local law,
the
council must amend or repeal the existing local law so that
there is no inconsistency.
Note— The
new local law
may include the
amendment or
repeal of
the inconsistent law in the same
instrument. (4) An interim local law must include a
provision stating when the law expires. Current as at
[Not applicable] Page 29
Not authorised —indicative
only City of Brisbane Act 2010
Chapter 3 The business of the council
[s
31] (5) The council
must ensure
its local laws
are drafted in
compliance with
the guidelines issued
by the Parliamentary Counsel under
the Legislative Standards Act 1992
,
section 9 for local laws and subordinate local
laws. (6) To remove any doubt, it is declared
that the council does not have to carry out any public
consultation before making either of the
following— (a) an interim local law;
(b) a local law that only incorporates a
model local law and does not contain an anti-competitive
provision. 31 State interest check
(1) This section applies if the council
proposes to make a local law other than the following—
(a) a local law that incorporates a model
local law; (b) a subordinate local law.
(2) However, this
section also
applies to
a local law
that incorporates a
model local law if the local law includes more than—
(a) the model local law; or
(b) any amendment or repeal of an existing
local law that would be inconsistent with the model local
law. (3) The council
must consult
with relevant
government entities
about the
overall State
interest in
the proposed local
law before making the local law.
32 Publication of local laws
(1) The council must let the public know
that a local law has been made by
the council, by
publishing a
notice of
making the
local law— (a)
in
the gazette; and (b) on the council’s website.
Page
30 Current as at [Not applicable]
Not authorised —indicative only
City
of Brisbane Act 2010 Chapter 3 The business of the
council [s 32] (2)
The notice must
be published within
1 month after
the day when the council
made the resolution to make the local law. (3)
The
notice in the gazette must state— (a)
that
the notice is made by the council; and (b)
the
date when the council made the resolution to make
the
local law; and (c) the name of the local law; and
(d) the name of any existing local law
that was amended or repealed by the new local law.
(4) The notice on the council’s website
must state— (a) that the notice is made by the
council; and (b) the date when the council made the
resolution to make the local law; and (c)
the
name of the local law; and (d) the name of any
existing local law that was amended or repealed by the
new local law; and (e) if the
local law
incorporates a
model local
law—that fact; and
(f) if the local law is an interim local
law—that fact, and the date on which the interim local law
expires; and (g) if the local law is a subordinate
local law—the name of the local law that authorises the
subordinate local law to be made; and (h)
the
purpose and general effect of the local law; and
(i) if the local law contains an
anti-competitive provision— that fact;
and (j) that a copy of the local law may
be— (i) inspected and
purchased at
the council’s public
office; and (ii)
viewed by the public on the department’s
website. Current as at [Not applicable]
Page
31
Not authorised —indicative
only City of Brisbane Act 2010
Chapter 3 The business of the council
[s
33] (5) As soon
as practicable after
the notice is
published in
the gazette, the council must ensure a
copy of the local law may be viewed and purchased by the public
at the council’s public office. (6)
A
copy of a local law must cost no more than the cost to the
council of making the copy available for
purchase. (7) Within 14 days after the notice is
published in the gazette, the council must
give the Minister— (a) a copy of the notice; and
(b) a copy of the local law in electronic
form. 33 Expiry of interim local law revives
previous law (1) This section applies if—
(a) an interim local law amends or repeals
a local law; and (b) the interim local law expires;
and (c) the interim local law is not made
(either with or without change) as a local law.
(2) When the interim local law
expires— (a) the local law is revived in its
previous form; and (b) any subordinate local law or provision
of a subordinate local law, that stopped having effect
because the local law was amended or repealed, is revived in
its previous form. (3)
The previous form of a local law,
subordinate local law, or provision of
a subordinate local
law is the
form it
was in immediately
before the interim local law commenced. (4)
This
section does not affect anything that was done or suffered
under the interim local law before it
expired. (5) This section applies despite
the Acts Interpretation Act 1954
, section 19. Page 32
Current as at [Not applicable]
Not authorised —indicative only
City
of Brisbane Act 2010 Chapter 3 The business of the
council [s 34] 34
Local
law register (1) The council must keep a register of
its local laws, in the way that is required under a
regulation. (2) The council must ensure the public may
view the register at its public office or on its
website. (3) The department’s chief executive must
keep a database of the council’s local laws and ensure a copy
of the database may be viewed by the public on the
department’s website. 35 Consolidated
versions of local laws (1) The council must
prepare and adopt a consolidated version of a local
law. (2) A consolidated version
of a local
law is a
document that
accurately combines
the council’s local
law, as
it was originally made,
with all the amendments made to the local law since the
local law was originally made. (3)
When
the council adopts the consolidated version of the local
law,
the consolidated version is taken to be the local law, in
the
absence of evidence to the contrary. (4)
Within 7
days after
the council adopts
the consolidated version of the
local law, the council must give the Minister a copy of the
consolidated version of the local law in electronic
form. Division 3
Local laws that can not be made
37 What this division is about
This
division specifies the subjects that the council must not
make
a local law about. Current as at [Not applicable]
Page
33
Not authorised —indicative
only City of Brisbane Act 2010
Chapter 3 The business of the council
[s
38] 38 Network connections
(1) The council must not make a local law
that regulates network connections. (2)
A network connection is
an installation that
has the sole
purpose of connecting a home or other
structure to an existing telecommunications network.
(3) A local law, to the extent that it is
contrary to this section, has no
effect. 39 Election advertising
(1) The council must not make a local law
that— (a) prohibits or
regulates the
distribution of
how-to-vote cards; or
(b) prohibits the placement of election
signs or posters. (2) A how-to-vote card
includes a
how-to-vote card
under the
Electoral Act. (3)
An election sign or poster
is a
sign or poster that is able, or is intended,
to— (a) influence a
person about
voting at
any government election;
or (b) affect the result of any government
election. (4) A government election
is an election
for a local,
State or
Commonwealth government. (5)
A
local law, to the extent that it is contrary to this section,
has no effect. 40
Development processes (1)
The council must
not make a
local law
that establishes an
alternative development process.
(2) An alternative development process
is a process
that is
similar to
or duplicates all
or part of
the development assessment
process under the Planning Act. Page 34
Current as at [Not applicable]
Not authorised —indicative only
City
of Brisbane Act 2010 Chapter 3 The business of the
council [s 41] (3)
However, if
a local law
already contains
a provision that
establishes an
alternative development process,
the council may amend or
repeal the provision at any time. (4)
A
local law has no effect to the extent that it is contrary to
this section. (5)
This
section does not apply to a local law about any of the
following matters unless the matter is
covered by the council’s planning scheme,
the Planning Act
or another instrument made under that
Act— (a) advertising devices;
(b) gates and grids; (c)
roadside dining. 41
Anti-competitive provisions
(1) The council
must not
make a
local law
that contains
an anti-competitive provision
unless the
council has
complied with
the procedures prescribed under
a regulation for
the review of anti-competitive
provisions. (2) A local law, to the extent that it is
contrary to this section, has no
effect. (3) This section does not apply to an
interim local law. 41A Swimming pool safety
(1) The council must not make a local law
that regulates— (a) the construction or
maintenance of
barriers for
a regulated pool; or (b)
a matter for
ensuring the
safety of
persons using
a regulated pool and prescribed under
the Building Act, section 231D(1), definition pool
safety standard
, paragraph (b). (2)
If a
local law that is in force before the commencement of this
section contains a provision that regulates
a matter mentioned in subsection (1), the council—
Current as at [Not applicable]
Page
35
Not authorised —indicative
only City of Brisbane Act 2010
Chapter 3 The business of the council
[s
42] (a) must not amend the provision after the
commencement; and (b) must repeal the
provision by 1 January 2017. (3)
A
local law, to the extent that it is contrary to this section,
has no effect. (4)
In
this section— barriers , for a
regulated pool, includes any of the following— (a)
the
fencing for the pool; (b) the walls of a
building enclosing the pool; (c)
another form of barrier mentioned or
provided for in the pool safety standard under the Building
Act. Division 4 Action by the
Minister about particular local laws 42
Suspending or revoking particular local
laws (1) This section applies if the Minister
reasonably believes a local law—
(a) is contrary to any other law;
or (b) is inconsistent with the local
government principles; or (c) does
not satisfactorily deal
with the
overall State
interest. (2)
The
Minister, by gazette notice, may— (a)
suspend the
local law,
for a specified
period or
indefinitely; or (b)
revoke the local law. (3)
The
gazette notice must state— (a) how
the local law
is contrary to
another law,
is inconsistent with
the local government principles or
Page
36 Current as at [Not applicable]
Not authorised —indicative only
City
of Brisbane Act 2010 Chapter 3 The business of the
council [s 42A] does
not satisfactorily deal
with the
overall State
interest; and (b)
if
the local law has been suspended—how the local law
may
be amended so that it— (i) is no longer
contrary to the other law; or (ii)
is
no longer inconsistent with the local government
principles; or (iii)
satisfactorily deals with the overall State
interest. (4) If the Minister suspends a local law,
the local law stops having effect for the period specified in the
gazette notice. (5) If the Minister revokes the local
law— (a) the local law stops having effect on
the day specified in the gazette notice; or
(b) if no day is specified in the gazette
notice—the local law is taken to never have had
effect. (6) The State is not liable for any loss
or expense incurred by a person because a local law is
suspended or revoked under this section.
(7) A decision of the Minister under this
section is not subject to appeal. Note—
See
section 226 for more information. Division 5
Miscellaneous 42A
Local
law about seizing and disposing of personal property
(1) This section applies if—
(a) the council
has made a
local law
about seizing
and disposing of personal property;
and (b) personal property is seized under the
local law. Current as at [Not applicable]
Page
37
Not authorised —indicative
only City of Brisbane Act 2010
Chapter 3 The business of the council
[s
42B] (2) If the personal property is sold or
disposed of, the proceeds of sale or disposal
must be applied in the following order— (a)
in payment of
the reasonable expenses
incurred in
selling or disposing of the property;
(b) in payment of the prescribed fee for
seizing and holding the property; (c)
if
there is an amount owing to an entity under a security
interest registered for
the property under
the Personal Property
Securities Act
2009 (Cwlth)—in payment
of the amount owing under the security
interest; (d) the balance to the owner of the
property. (3) A secured party can not enforce any
security interest in the proceeds of
sale or
disposal against
an entity to
whom an
amount is payable under subsection (2)(a) or
(b). (4) In this section— personal
property has
the meaning given
by the Personal
Property Securities Act 2009
(Cwlth), section 10. secured
party has the meaning given by the
Personal Property Securities Act
2009 (Cwlth), section 10. 42B
Owners’ liability for party houses
(1) The council may make a local law that
makes the owner of a residential property liable to a
penalty because of excessive noise regularly
emitted from the property. (2) The
owner of a residential
property includes a tenant if the tenant
has a right
of exclusive occupation of
the property under a
lease. (3) A residential property
is a property
of a type
that would
ordinarily be
used, or
is intended to
be used, as
a place of
residence or mainly as a place of
residence. (4) To remove any doubt, it is declared
that— Page 38 Current as at
[Not applicable]
Not authorised —indicative only
City
of Brisbane Act 2010 Chapter 3 The business of the
council [s 42B] (a)
the
local law may fix the number of times that excessive
noise must be emitted from a property before
the owner becomes liable to the penalty; and
(b) a property
is not precluded
from being
a residential property
merely because
the property is
rented on
a short-term basis. (5)
In a
proceeding about a contravention of the local law—
(a) a noise
abatement direction
given to
a person at
a property is
evidence of
excessive noise
being emitted
from
the property; and (b) a copy
of information recorded
in the register
of enforcement acts
under the
Police Powers
and Responsibilities Act
2000 about
the giving of
a noise abatement
direction is evidence of the matters stated in it.
(6) A noise abatement
direction is a direction given to a person
by a police
officer under
the Police Powers
and Responsibilities Act 2000
,
section 581(3). (7) Despite subsection (5), a defendant
may, with the leave of the court, require the prosecution to call
any person involved in the giving of the noise abatement
direction to give evidence at the
hearing. (8) The court may give leave only if the
court is satisfied that— (a) an irregularity
may exist in relation to the information or the giving of
the noise abatement direction; or (b)
it
is in the interests of justice that the person be called to
give
evidence. (9) The chief executive officer may ask
the police commissioner to give
the chief executive
officer information about
noise abatement
directions given to persons in Brisbane. (10)
The
police commissioner must comply with the request.
Current as at [Not applicable]
Page
39
City
of Brisbane Act 2010 Chapter 3 The business of the
council [s 43] Part 3
Beneficial enterprises and
business activities Not
authorised —indicative
only Division 1 Beneficial
enterprises 43 What this division is about
(1) This division is about beneficial
enterprises that are conducted by the
council. (2) This division does not apply to a
business unit of the council. (3)
A beneficial enterprise is
an enterprise that
the council considers
is directed to
benefiting, and
can reasonably be
expected to benefit, the whole or part of
Brisbane. (4) The council
is conducting a
beneficial enterprise if
the council is engaging in, or helping,
the beneficial enterprise. 44 Conducting
beneficial enterprises (1) The council may
conduct a beneficial enterprise. (2)
To
conduct the beneficial enterprise, the council— (a)
may
participate with an association; but (b)
must not,
either directly
or by participating with
an association, participate with an
unlimited corporation. Note— Under
the Statutory Bodies
Financial Arrangements Act
1982 ,
the council may
need the
Treasurer’s approval
before entering
into particular
financial arrangements. (3) An
association is—
(a) a partnership; or (b)
a
corporation limited by shares but not listed on a stock
exchange; or (c)
a corporation limited
by guarantee but
not listed on
a stock exchange; or Page 40
Current as at [Not applicable]
Not authorised —indicative only
City
of Brisbane Act 2010 Chapter 3 The business of the
council [s 45] (d)
another association of persons that is not a
corporation. (4) An unlimited
corporation means
a corporation whose
members have no limit placed on their
liability. (5) The council
participates with
an association or
unlimited corporation if
the council— (a) forms, or
takes part
in forming, an
association or
unlimited corporation; or
(b) becomes a
member of
an association or
unlimited corporation;
or (c) takes part
in the management of
an association or
unlimited corporation; or
(d) acquires or disposes of shares,
debentures or securities of an association or unlimited
corporation. 45 Identifying beneficial
enterprises The council’s annual
report for
each financial
year must
contain a list of all the beneficial
enterprises that the council conducted during
the financial year. Division 2 Business reform,
including competitive neutrality 47
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 the council.
(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 Current as at
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Chapter 3 The business of the council
[s
48] 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 the council
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
51. 48 Ways to apply the competitive
neutrality principle (1) The competitive
neutrality principle may be applied by— (a)
commercialisation of a significant business
activity; or (b) full cost pricing of a significant
business activity. (2) Commercialisation involves
creating a new business unit, that is
part of
the council, to
conduct the
significant business
activity on a commercial basis.
(3) Full cost
pricing involves
pricing the
significant business
activity on
a commercial basis,
but without creating
a new business
unit. (4) A regulation may provide for—
(a) matters relating
to commercialisation or
full cost
pricing; or Page 42
Current as at [Not applicable]
City
of Brisbane Act 2010 Chapter 3 The business of the
council [s 49] (b)
any other matter
relating to
the application of
the competitive neutrality principle
to the significant business
activities of the council. Not authorised
—indicative only
49 Identifying significant business
activities The council’s annual report for each
financial year must— (a) contain
a list of
all the business
activities that
the council conducted during the financial
year; and (b) identify the
business activities that
are significant business
activities; and (c) state whether or not the competitive
neutrality principle was applied to the significant
business activities, and if the principle
was not applied, the reason why it was not applied;
and (d) state whether
any of the
significant business
activities were not
conducted in the preceding financial year, i.e. whether there
are any new significant business activities. 50
Assessing public benefit (1)
This
section applies to a new significant business activity that
is
identified in the annual report of the council. (2)
The
council must conduct a public benefit assessment of the
new
significant business activity. (3)
A public benefit assessment
is
an assessment of whether the benefit to the
public (in terms of service quality and cost) of
applying the competitive neutrality
principle in relation to a significant business activity
outweighs the costs of applying the competitive
neutrality principle. (4) The
council must
conduct the
public benefit
assessment before the end
of the financial year in which the significant business
activity is first identified in the annual report.
(5) The council
must prepare
a report on
the public benefit
assessment that
contains its
recommendations about
the Current as at [Not applicable]
Page
43
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Chapter 3 The business of the council
[s
51] application of the competitive neutrality
principle in relation to the significant business
activity. (6) At a meeting of the council, the
council must— (a) consider the report; and
(b) decide, by
resolution, whether
or not to
apply the
competitive neutrality principle
in relation to
the significant business activity.
(7) Any resolution that the competitive
neutrality principle should not be applied
must include a statement of the reasons why it should not be
applied. (8) The council must give the Minister a
copy of— (a) the report; and (b)
all
resolutions made in relation to the report. (9)
If
the council decides not to apply the competitive neutrality
principle in
relation to
the significant business
activity, the
council must, within 3 years after making
the decision, repeat the process in this section.
(10) Subsection (9)
also applies to a decision that was made before the commencement
of this section. 51 Code of competitive conduct
(1) This section is about the code of
competitive conduct. (2) The
code
of competitive conduct is the code of competitive
conduct prescribed under
a regulation under
the Local Government
Act. (3) The council must apply the code of
competitive conduct to the conduct of the following business
activities of the council— (a) a building
certifying activity; (b) a
roads activity,
other than
a roads activity
for which business
is conducted only
through a
sole supplier
arrangement. (4)
A building certifying activity
is a
business activity that— Page 44 Current as at
[Not applicable]
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City
of Brisbane Act 2010 Chapter 3 The business of the
council [s 52] (a)
involves performing building
certifying functions
(within the
meaning of
the Building Act,
section 10); and
(b) is prescribed under a
regulation. (5) A roads
activity is a business activity (other than a
business activity prescribed under a regulation) that
involves— (a) constructing or maintaining a
State-controlled road, that the State put
out to competitive tender; or (b)
submitting a competitive tender in relation
to— (i) constructing or
maintaining a
road in
Brisbane, that the council
put out to competitive tender; or (ii)
constructing or maintaining a road in
another local government area, that the other local
government put out to competitive tender.
(6) The council
must start
to apply the
code of
competitive conduct—
(a) for a building certifying
activity—from the start of the financial
year after
the financial year
in which the
building certifying activity is first
conducted; or (b) for a roads activity—from when the
roads activity is first conducted. (7)
The council must
decide each
financial year,
by resolution, whether or not
to apply the code of competitive conduct to a business
activity prescribed under a regulation. (8)
If the council
decides not
to apply the
code of
competitive conduct
to the business
activity, the
resolution must
state reasons for not
doing so. (9) Subsection (7) does not prevent the
council from applying the code of competitive conduct to any
other business activities. 52 Competitive
neutrality complaints (1) The council must
adopt a process for resolving competitive neutrality
complaints. Current as at [Not applicable]
Page
45
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Chapter 3 The business of the council
[s
65] (2) A competitive
neutrality complaint is a complaint that—
(a) relates to the failure of the council
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 council 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 council;
or (b) a person who— (i)
wants to compete with the council 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 council.
(4) A regulation may
provide for
the process for
resolving competitive
neutrality complaints. (5) The council does
not have to resolve a competitive neutrality complaint
relating to
a business activity
prescribed under
a regulation. Part 4
Roads and other infrastructure
Division 1 Roads
65 What this division is about
(1) This division is about roads.
(2) A road
is— Page 46 Current as at
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City
of Brisbane Act 2010 Chapter 3 The business of the
council [s 66] (a)
an
area of land that is dedicated to public use as a road;
or (b) an area of land
that— (i) is developed for, or has as 1 of its
main uses, the driving or riding of motor vehicles;
and (ii) is open to, or
used by, the public; or (c) a footpath or
bicycle path; or (d) a bridge, culvert, ford, tunnel or
viaduct. (3) However, a road
does
not include— (a) a State-controlled road; or
(b) a road, or that part of a road, within
an airport site under the Airports Act
1996 (Cwlth); or (c)
a
public thoroughfare easement. 66
Control of roads (1)
The
council has control of all roads in Brisbane. (2)
This
control includes being able to— (a)
survey and resurvey roads; and
(b) construct, maintain and improve roads;
and (c) approve the naming and numbering of
private roads; and (d) name and number other roads;
and (e) make a
local law
to regulate the
use of roads,
including— (i)
the movement of
traffic on
roads, subject
to the Transport
Operations (Road Use Management) Act 1995
;
and (ii) the
parking of
vehicles on
roads, subject
to the Transport
Operations (Road Use Management) Act 1995
(including the maximum time that a
vehicle may be parked in a designated rest area that
adjoins a road, for example); and
Current as at [Not applicable]
Page
47
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Chapter 3 The business of the council
[s
67] (iii) by imposing
obligations on the owner of land that adjoins a road
(including an obligation to fence the land
to prevent animals
going on
the road, for
example); and (f)
make a
local law
to regulate the
construction, maintenance and
use of— (i) public utilities along, in, over or
under roads; and (ii) ancillary works
and encroachments along, in, over or under roads;
and (g) realign a road in order to widen the
road; and (h) acquire land for use as a road.
(3) Nothing in
subsection (1) makes
the council liable
for the construction,
maintenance or improvement of a private road. (4)
A private road is a road over
land that is owned by a person who may lawfully
exclude other persons from using the road. 67
Notice of intention to acquire land to widen
a road (1) If the council wants to acquire land
in order to widen a road, the council
must give
the owner of
the land a
notice of
intention to acquire land.
(2) A notice of
intention to acquire land informs the owner in
general terms of this section and section
68. (3) However, the
council can
not, without
the consent of
the Planning and Environment Court, serve
notice of intention to acquire land on an owner of land after
the owner has applied to the council— (a)
for
approval to subdivide the land; or (b)
for
approval, consent or permission— (i)
to
erect or use a structure on the land; or (ii)
to
use the land for any other purpose. (4)
The
court may consent to the notice of intention
to acquire land being
served only if the court is satisfied that the purpose
Page
48 Current as at [Not applicable]
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City
of Brisbane Act 2010 Chapter 3 The business of the
council [s 68] of the notice is
to enable the council to make, in good faith, a reasonable
widening of the road. (5) After
the council gives
an owner a
notice of
intention to
acquire land, the owner must not erect,
place, re-erect, replace or repair
any structure, or
part of
a structure, on
the land without the
council’s permission. (6) The
council must
lodge a
copy of
a notice of
intention to
acquire land with the registrar of titles
for registration on the instrument of title to the
land. (7) The registrar of titles may register
the notice of intention to acquire land even if the instrument of
title is not produced. 68 Compensation for
a notice of intention to acquire land (1)
This
section applies to a person who is served with a notice of
intention to acquire land, if the person
would be entitled to claim compensation for the acquisition
of land. (2) The person is entitled to compensation
from the council for injurious affection to the person’s
interest in the land because of the notice of
intention to acquire land. (3) However, the
compensation is not payable until— (a)
the land is
sold for
the first time
after the
notice of
intention to acquire land was served;
or (b) after being served with the notice of
intention to acquire land, the owner of the land offers the
land for sale in good faith,
but can not
sell the
land for
a fair and
reasonable price. (4)
The compensation must
be assessed in
accordance with
the following principles—
(a) the amount
of compensation must
represent the
difference between— (i)
the market value
of the interest
in the land
immediately after service of the notice of
intention to acquire land; and Current as at
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Chapter 3 The business of the council
[s
69] (ii) what would be
the market value of the interest in the
land, at
that time,
if the notice
had not been
served; (b)
any
benefit that may accrue, because of the realignment
of
the road, to land adjacent to the land that is affected
by the realignment of
the road, and
in which the
claimant has an interest, must be taken into
account; (c) the amount
of compensation must
not be increased
because the land that is affected by the
realignment of the road has, since the service of the
notice of intention to acquire land, become or ceased to be
separate from other land. (5)
A
claim for compensation must be made— (a)
within 3
years after
the entitlement to
compensation arose;
and (b) to the chief executive officer in the
approved form. (6) The claim
is taken to
have been
properly made
when the
claimant has
given the
council all
the information that
the council reasonably requires to decide
the claim. (7) If, within 30 days after the claim is
made, the council has not given the claimant written notice of
its decision on the claim, the council is taken to have refused
compensation on the 31st day after the claim is made.
69 Appeal on a claim for
compensation (1) A person who is aggrieved by the
decision of the council on a claim for
compensation may appeal against the decision to the
Land
Court. (2) The appeal must be started within 30
days after— (a) notice of the decision is given to the
claimant; or (b) the decision is taken to have been
made. Page 50 Current as at
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of Brisbane Act 2010 Chapter 3 The business of the
council [s 70] (3)
However, the Land Court may extend the
period mentioned in subsection (2) if
satisfied in
all the circumstances that
it is reasonable to do
so. (4) In order
to award compensation, the
Land Court
must be
satisfied— (a)
if
the land has been sold— (i) the
seller took
reasonable steps
to obtain a
reasonable price for the land; and
(ii) the seller sold
the land in good faith; and (iii)
the sale price
is less than
the seller might
reasonably have expected to receive had
there been no notice of intention to acquire land;
or (b) if the
council refused
the owner permission to
erect, place, re-erect,
replace or repair any structure, or part of a structure, on
the land—the permission was applied for in good
faith. 70 Acquisition of land instead of
compensation (1) After a notice of intention to acquire
land is served, but before the land is sold, the council may
acquire the land instead of paying
compensation for injurious affection. (2)
If,
after a notice of intention to acquire land is served, the
land is cleared of all structures—
(a) the council may acquire the land;
and (b) if required by the owner of the land,
the council must acquire the land. (3)
The
acquired land must be dedicated for public use as a road
within 3 months after its
acquisition. (4) Compensation for
the acquisition of
the land, if
not agreed between
the parties, must
be assessed as
at the date
of the acquisition. Current as at
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Chapter 3 The business of the council
[s
71] 71 What is to happen if a realignment is
not carried out (1) This section applies if the council
decides not to proceed with the realignment
of a road or part of a road after giving a notice
of
intention to acquire land. (2) This section
does not apply to a realignment of road that is necessary
to comply with
the requirements of
the council under
a planning scheme
in its application to
particular developments in
Brisbane. (3) The council must serve notice of its
decision not to proceed on all owners of land who were served
with a notice of intention to acquire
land in
connection with
that road
or part of
that road.
(4) With regard to any of the notices of
intention to acquire land that were lodged with the registrar of
titles in connection with that road or part of that road, the
council must— (a) for any notice of intention to acquire
land that has not been registered—withdraw the
notice of
intention to
acquire land; and (b)
for
any notice of intention to acquire land that has been
registered—lodge with
the registrar of
titles for
registration a notice of its decision not to
proceed with the realignment of the road, or part of the
road. (5) The notice of the council’s decision
must inform the owners in general terms of this section and
section 72. 72 Compensation if realignment not
carried out (1) This section applies if—
(a) the council decides not to proceed
with the realignment of a
road or
part of
a road after
giving a
notice of
intention to acquire land; and
(b) structural improvements have
been made
on land that
adjoins the
road on
the basis of
the proposed realignment
being effected. Page 52 Current as at
[Not applicable]
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City
of Brisbane Act 2010 Chapter 3 The business of the
council [s 73] (2)
The council must
pay the owner
of the land
reasonable compensation for
the decrease in value of the land because of the
decision. (3) The amount
of compensation is
the difference between
the value of the land before and after the
decision. (4) If the council and the owner fail to
agree on the amount of compensation, the amount is to be
decided by the Land Court. (5) The provisions
of the Acquisition of Land Act 1967
about the making, hearing
and deciding of claims for compensation for land taken under
that Act apply, with any necessary changes and any changes
prescribed under a regulation, to claims for compensation
under this section. (6) The council’s decision not to proceed
with the realignment of a road, or part of a road, does not
give rise to an entitlement to compensation to,
or a cause
of action by,
any owner or
occupier of land or other person other than
under this section. 73 Acquiring land for use as a
footpath (1) The council may acquire land that
adjoins a road for use as a footpath.
(2) The acquisition of
land may
be subject to
a reservation, in
favour of the owner of the land, of any of
the following rights that the
council decides
(at or before
the acquisition) is
appropriate— (a)
a
right to the ownership, possession, occupation and use
of
any existing structure, room or cellar— (i)
at a specified
height above
the level of
the new footpath;
or (ii) at
a specified depth
below the
level of
the new footpath;
(b) a right— (i)
to
erect a structure (in accordance with law) at a specified height
above the new footpath; and Current as at
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only City of Brisbane Act 2010
Chapter 3 The business of the council
[s
74] (ii) to the
ownership, possession, occupation and use of the
structure; (c) a right of support for a structure
mentioned in paragraph (a) or (b). (3)
The right mentioned
in subsection (2)(a) is
subject to
the council’s right to enter, and make
structural alterations to, the structure, room
or cellar that the council considers necessary. 74
Notice to the council of opening or closing
of roads (1) This section applies if an application
is made under the Land Act for
the opening or
closing of
a road in
Brisbane by
someone other than the council.
(2) The Land Act Minister, or the
applicant for the application, must give
written notice of the application to the council.
(3) The Land Act
Minister is the Minister administering the
Land Act. (4)
The notice must
specify a
date (no
earlier than
1 month or
later than 2 months after the council is
given the notice) on or before which the council may object to
the opening or closing of the road. (5)
An
objection must fully state the reasons for the objection.
(6) The Land
Act Minister must
have regard
to any objections properly made by
the council. (7) If the Land Act Minister decides the
road should be opened or closed, the Land Act Minister must
give written notice to the council— (a)
of
the decision; and (b) if the decision is contrary to the
council’s objection, the reasons for the decision.
Page
54 Current as at [Not applicable]
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of Brisbane Act 2010 Chapter 3 The business of the
council [s 75] 75
Closing roads (1)
The
council may close a road (permanently or temporarily) to
all
traffic, or traffic of a particular class,
if there is
another road or route
reasonably available for use by the traffic. (2)
Also, the council may close a road to all
traffic, or traffic of a particular class— (a)
during a temporary obstruction to traffic;
or (b) if it is in the interests of public
safety; or (c) if it
is necessary or
desirable to
close the
road for
a temporary purpose (including a fair,
for example). (3) The council must publish notice of the
closing of the road, in the way that the council considers
appropriate (including on its website, for example).
(4) The council may do everything
necessary to stop traffic using the road after
it is closed. (5) If a
road is
closed to
traffic for
a temporary purpose,
the council may permit the use of any part
of the road (including for the
erection of
any structure, for
example) on
the conditions the council considers
appropriate. 76 Temporary roads (1)
This
section applies if— (a) the council wants to remake or repair
a road; and (b) it is not reasonably practicable to
temporarily close the road to traffic while the road works
are conducted. (2) The council
may make a
temporary road,
through land
that adjoins the
road, to be used while the road is being remade or
repaired. (3)
However, a council employee or contractor
may enter the land only if— (a)
the
owner or occupier of the land has agreed, in writing
that the
council employee
or contractor may
enter the
land; or Current as at
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Chapter 3 The business of the council
[s
77] (b) the council has given the owner or
occupier of the land at least 3 days written notice that
states— (i) the nature
of the road
works that
are to be
conducted; and (ii)
the
proposed route of the temporary road; and (iii)
an
approximate period when the temporary road is expected to
remain on the land. (4) Subsection (3) does
not apply if
the road works
must be
urgently conducted, but the council must
give the owner or occupier of the land oral notice of the
matters mentioned in subsection (3)(b). (5)
The
owner of the land may give the chief executive officer a
written notice that claims compensation for
physical damage caused by the council entering, occupying or
using the land under this section. (6)
Compensation is not payable unless the chief
executive officer receives the claim— (a)
within 1 year after the occupation or use
has ended; or (b) at a later time allowed by the chief
executive officer. (7) The compensation equals—
(a) the amount agreed between the person
and the council; or (b) if the person
and the council can not agree, the amount that is decided
by a court. (8) However, the
compensation must
not be more
than the
compensation that would have been awarded if
the land had been acquired. 77
The
Brisbane River (1) This section is about roads that are
over, under, on or in the Brisbane River ( river
crossings ). Page 56 Current as at
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of Brisbane Act 2010 Chapter 3 The business of the
council [s 78] (2)
For
this section, the Brisbane River is any part of
the Brisbane River that is not within the local
government area of another local government. (3)
The
council may— (a) survey and resurvey river crossings;
and (b) construct, maintain and improve river
crossings; and (c) name and number river
crossings. (4) Subject to any restrictions prescribed
under a regulation— (a) local laws
apply to
a river crossing
as if all
of the crossing were
within Brisbane; and (b) all a river
crossing is taken, for the purpose of any Act, to be a road
within Brisbane. 78 Road levels (1)
The
owner or occupier of land that adjoins a road may give
written notice to the council requiring it
to advise the owner or occupier of the permanent level that
is fixed or to be fixed for the road.
(2) If the
council has
not, within
6 months after
receiving the
notice, given the owner or occupier written
advice about the permanent level of the road, the council is
taken to have fixed the apparent level of the road when the
notice was given as the permanent level of the road.
(3) If— (a)
after the council has fixed the permanent
level of a road, the council changes the level of the road;
and (b) the owner
or occupier of
land that
adjoins the
road is
injuriously affected by the change;
the
council must pay the owner or occupier, or their successor
in
title, compensation. (4) The compensation
equals— Current as at [Not applicable]
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Chapter 3 The business of the council
[s
79] (a) the amount
that is
agreed between
the owner or
occupier, or their successor in title, and
the council; or (b) if the owner or occupier, or their
successor in title, and the council can not agree—the amount
that is decided by the Planning and Environment
Court. 79 Assessment of impacts on roads from
certain activities (1) This section applies if—
(a) a regulation prescribes an activity
for this section; and (b) the council
considers that the conduct of the activity is having, or will
have, a significant adverse impact on a road in
Brisbane; and (c) the activity is not for—
(i) a coordinated project under the
State Development and Public Works
Organisation Act 1971 ; or (ii)
development categorised under
the council’s planning scheme
as assessable development for the Planning Act;
or (iii) a road being
built under the Land Act, section 110. (2)
The council may
require the
entity that
is conducting the
activity to provide information, within a
reasonable time, that will enable the council to assess the
impact of the activity on the road. (3)
After assessing
the impact of
the activity on
the road, the
council may decide to do 1 or more of the
following— (a) give the entity a direction about the
use of the road to lessen the impact; (b)
require the entity— (i)
to
carry out works to lessen the impact; or (ii)
to
pay an amount as compensation for the impact. Page 58
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City
of Brisbane Act 2010 Chapter 3 The business of the
council [s 80] (4)
The
council may require the works to be carried out or the
amount to
be paid before
the impact commences
or intensifies. (5)
The
amount of compensation is a debt payable to the council
and
may be recovered in a court. (6)
A
regulation for this section— (a)
must contain
a process under
which the
council’s decision may be
reviewed; and (b) may contain a process for enforcing
the decision. 80 Categorisation of roads
The
council must categorise the roads in Brisbane according
to
the surface of the road. 81 Roads map and
register (1) The council must prepare and keep up
to date— (a) a map
of every road,
including private
roads, in
Brisbane; and (b)
a
register of the roads that shows— (i)
the
category of every road; and (ii)
the
level of every road that has a fixed level; and (iii)
other particulars prescribed under a
regulation. (2) The register of roads may also show
other particulars that the council considers appropriate.
(3) The council
must ensure
the public may
view the
map and register at its
public office or on its website. (4)
On
application and payment of a reasonable fee fixed under a
resolution or local law, a person may
obtain— (a) a copy of a map or register of roads;
or (b) a certificate signed by an employee of
the council who is authorised for the purpose—
Current as at [Not applicable]
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59
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Chapter 3 The business of the council
[s
82] (i) about the category, alignment and
levels of roads in Brisbane; or (ii)
about the fact that the alignment or level
of a road in Brisbane has not been fixed.
82 Unauthorised works on roads
(1) This section applies to a road in
Brisbane. (2) A person
must not,
without lawful
excuse (including under
another Act,
for example), or
the written approval
of the council—
(a) carry out works on a road; or
(b) interfere with a road or its
operation. Maximum penalty—200 penalty units.
(3) Works do not include
the maintenance of ancillary works and encroachments, or
landscaping, that
does not
interfere with
the
road or its operation. (4) An approval may
be subject to the conditions decided by the council.
(5) A person must not contravene a
condition that applies to the person under
subsection (4). Maximum penalty—40 penalty units.
(6) If a person carries out works in
contravention of this section, the council
may— (a) dismantle or alter the works;
or (b) fix any damage caused by the
works. (7) If the
council dismantles or
alters the
works, or
fixes any
damage caused by the works, the person must
pay the council the reasonable costs incurred by the council
in doing so. Page 60 Current as at
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Division 2 City of Brisbane
Act 2010 Chapter 3 The business of the council
[s
83] Stormwater drains 83
What
this division is about (1) This
division is
about stormwater drains
and stormwater installations. (2)
A stormwater drain
is a drain,
channel, pipe,
chamber, structure, outfall
or other works
used to
receive, store,
transport or treat stormwater.
(3) A stormwater
installation for a property— (a)
is any roof
gutters, downpipes, subsoil
drains or
stormwater drain for the property;
but (b) does not include any part of a council
stormwater drain. 84 Connecting stormwater installation to
stormwater drain (1) The council
may, by
written notice,
require the
owner of
a property to connect a stormwater
installation for the property to a council
stormwater drain in the way, under the conditions
and
within the time stated in the notice. (2)
The way, condition
and time stated
in the notice
must be
reasonable in the circumstances.
(3) A person
must not
connect a
stormwater installation for
a property to a council stormwater drain
unless— (a) the council has required the owner of
the property to do so by a written notice under subsection (1);
or (b) the council has given its approval for
the connection. Maximum penalty—165 penalty units.
(4) The council
may impose conditions on
its approval for
the connection, including
conditions about
the way the
connection must be made. (5)
If a person
connects a
stormwater installation under
a requirement or
approval of
the council, the
person must
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Chapter 3 The business of the council
[s
85] comply with
the requirement or
approval, unless
the owner has a reasonable
excuse. Maximum penalty—165 penalty units.
(6) This section does not apply to a
stormwater installation for a property
that is
an airport site
under the
Airports Act
1996 (Cwlth).
85 No connecting sewerage to stormwater
drain (1) The owner
of a property
must not
connect the
sewerage installation for
property, or allow the sewerage installation for
the
property to be connected, to any part of— (a)
the
stormwater installation for the property; or (b)
a
council stormwater drain. Maximum penalty—165 penalty
units. (2) A sewerage
installation is any of the following— (a)
an
on-site sewerage facility within the meaning given in
the
Plumbing and Drainage Act; (b) a sewer for a
property or building unit; (c) sanitary
plumbing i.e. any apparatus, fittings, fixtures or
pipes that carry sewage to a sanitary
drain; (d) sanitary drainage i.e. any apparatus,
fittings or pipes for collecting and carrying
discharges— (i) from fixtures
(that are
directly connected
to a sanitary drain)
to an on-site sewerage facility or a sewerage
treatment system; or (ii) from
sanitary plumbing
to an on-site
sewerage facility or a
sewerage treatment system. Examples of apparatus, fittings or
pipes for sanitary drainage— •
disconnector gullies •
bends at the foot of stacks or below ground
level • pipes above ground level that are
installed using drainage principles Page 62
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City
of Brisbane Act 2010 Chapter 3 The business of the
council [s 85] •
for
an on-site sewerage facility—a pipe (other than a soil or
waste pipe) used to carry sewage to or from
the facility (3) The owner
of a property
who becomes aware
that the
sewerage installation for the property is
connected to any part of— (a)
the
stormwater installation for the property; or (b)
a
stormwater drain of the council; must,
as soon as
reasonably practicable, take
all necessary steps
to disconnect the
facility, drainage
or sewer from
the stormwater installation or
drain. Maximum penalty—165 penalty units.
(4) If the sewerage installation for
property is connected to any part of—
(a) the stormwater installation on the
property; or (b) a stormwater drain of the
council; the council may, by written notice, require
the owner of the property to perform the work stated in the
notice, within the time stated in the notice.
(5) The time stated in the notice
must— (a) be a time that is reasonable in the
circumstances; and (b) be at least 1 month after the notice
is given to the owner. (6) However,
the time stated
in the notice
may be less
than 1
month but must not be less than 48 hours if
the work stated in the notice— (a)
is
required to stop a serious health risk continuing; or
(b) relates to
a connection that
is causing damage
to the council
stormwater drain. (7) The work stated in the notice must be
work that is reasonably necessary for fixing or otherwise
dealing with the sewerage installation, including for
example— (a) work to remedy a contravention of this
Act; or Current as at [Not applicable]
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63
City
of Brisbane Act 2010 Chapter 3 The business of the
council [s 86] (b)
work
to disconnect something that was connected to a stormwater drain
without the council’s approval. (8)
The
owner must comply with the notice, unless the owner has
a
reasonable excuse. Maximum penalty for subsection (8)—165
penalty units. Not authorised —indicative
only 86 No trade waste or
prohibited substances in stormwater drain
(1) A person must not put trade waste into
a stormwater drain. Maximum penalty—1,000 penalty units.
(2) Trade waste
is waterborne waste
from business,
trade or
manufacturing property, other than—
(a) stormwater; and (b)
a
prohibited substance. (3) A
person must
not put a
prohibited substance
into a
stormwater drain. Maximum
penalty—1,000 penalty units. (4)
A prohibited substance
is— (a) a solid or
viscous substance in a quantity, or of a size, that
can obstruct, or
interfere with
the operation of,
a stormwater drain; or
Examples for paragraph (a)—
• ash, cinders, mud, sand, shavings and
straw • glass, metal and plastics
• cups, milk containers and paper and
plastic dishes • feathers, rags, tar and wood
• hair and entrails, paunch manure and
whole blood • grease and oil •
cement-laden wastewater including
wash down
from exposed
aggregate concrete surfaces (b)
a flammable or
explosive solid,
liquid or
gaseous substance;
or Page 64 Current as at
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City
of Brisbane Act 2010 Chapter 3 The business of the
council [s 86] (c)
sewage, including human waste; or
(d) a substance that, given its quantity,
is capable alone, or by interaction with
another substance
put into a
stormwater drain, of— (i)
inhibiting or interfering with the
stormwater drain; or (ii) causing
damage or
a hazard to
the stormwater drain; or
(iii) causing a hazard
for humans or animals; or (iv) creating a
public nuisance; or (v) creating a hazard in waters; or
(vi) contaminating the
environment in
places where
stormwater is discharged or reused;
or Example for paragraph (d)—
a
substance with a pH lower than 6.0 or greater than 10.0, or
having another corrosive property
(e) a substance that has a temperature of
more than— (i) if the
council has
approved a
maximum temperature for
the substance—the approved
maximum temperature; or (ii)
otherwise—38ºC. (5)
If— (a) a
person puts
a prohibited substance
in a council
stormwater drain; and (b)
the prohibited substance
causes damage
to the stormwater
drain; the council may
perform work
to fix the
damage, and
may recover the reasonable costs for the
work from the person who put the prohibited substance in the
stormwater drain. (6) The costs for the work are in addition
to any penalty imposed for the offence. Current as at
[Not applicable] Page 65
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Chapter 3 The business of the council
[s
87] 87 Interference with path of
stormwater (1) A person must not restrict or redirect
the flow of stormwater over land in a way that may cause the
water to collect and become stagnant. Maximum
penalty—165 penalty units. (2) However, this
section does not apply to water collected in a dam, wetland,
tank or pond, if no offensive material is allowed
to
accumulate. Division 3 Other
infrastructure 88 Malls (1)
The
council may establish a mall in Brisbane. (2)
The council must
comply with
the procedures prescribed under a
regulation for establishing a mall. (3)
The regulation may
also provide
for any other
matter connected
with managing,
promoting or
using a
mall, including for
example— (a) the removal of vehicles from a mall;
and (b) review of a decision relating to the
removal of a vehicle from a mall; and (c)
matters relating to an advisory committee
for a mall. (4) A person
is not entitled
to compensation on
account of
injurious affection
to any right
or interest of
a business, commercial or
industrial nature because of the establishment, modification or
closing of a mall by the council. (5)
However, the
council may,
by resolution, decide
to pay compensation to
the person. (6) The Land Act, chapter 4, part 4 does
not apply to a road in Brisbane that is a mall.
Page
66 Current as at [Not applicable]
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City
of Brisbane Act 2010 Chapter 3 The business of the
council [s 89] 89
City
Botanic Gardens (1) This section is about the City Botanic
Gardens. (2) The City Botanic
Gardens consist of the reserve for botanic
gardens and public park that was established
by the council under the repealed City of Brisbane
Act. (3) The council is the trustee of the
reserve under the Land Act. (4)
The
council has the power to— (a) do
anything that
is necessary or
desirable for
developing, managing, maintaining,
promoting, or using the City Botanic Gardens; and
(b) permit the use of any part of the City
Botanic Gardens, including the erection of any structure, on
the conditions it considers appropriate; and
(c) do anything incidental to its powers
under paragraph (a) or (b). 90
Resumption of prescribed land by
council (1) This section applies if—
(a) a development application under
the Planning Act
is made for
a material change
of use other
than for
‘television station purposes’; or
(b) prescribed land is sold or offered for
sale and the council is satisfied
the land is
likely to
be used for
a purpose other
than television station
purposes or
related purposes;
or (c) prescribed land is being used for a
purpose other than television station purposes or related
purposes. (2) Prescribed land is any scheduled
land or trust land under the repealed
Land (Mt
Coot-tha Television Stations)
Sales Act
1986 .
(3) The council may decide to acquire the
prescribed land either by agreement
under the
Acquisition of
Land Act
1967 or
Current as at [Not applicable]
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Chapter 3 The business of the council
[s
91] compulsorily for a purpose specified in that
Act, if the land is to be used for 1 or more of the following
purposes— (a) a park; (b)
a
recreation ground; (c) a road. (4)
The
power conferred on the council under this section is in
addition to
the powers conferred
on the council
as a constructing authority
under the
Acquisition of
Land Act
1967 .
(5) A decision of the council under
subsection (3) is not subject to appeal.
Note— See section 226
for more information. 91 Ferry
services (1) The council has the exclusive right to
provide a ferry service across a watercourse if the land that
forms both banks of the watercourse is in Brisbane.
(2) A watercourse is a river,
creek or channel where water flows naturally. (3)
The
council may— (a) lease the
right to
provide a
ferry service
across a
watercourse that it has the exclusive right
to provide a ferry service across; and
(b) make local laws for managing and
regulating the use of ferries operated or leased by
it. (4) A regulation may— (a)
declare another
watercourse that
the council has
the exclusive right to provide a ferry
service across; and (b) provide for
any other matter
connected with
the provision of
ferry services
(including declaring
the approaches to a ferry as being under
the control of the council, for example). Page 68
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City
of Brisbane Act 2010 Chapter 3 The business of the
council [s 92] 92
Materials in infrastructure are council
property (1) The materials in the following things
are the property of the council— (a)
a
road constructed by or for the council; Example of a
road constructed for the council— a
road constructed by
a developer because
of a condition
attached to a development approval under the
Planning Act (b) any works relating to a road
(including ducting, gutters, stormwater drains,
kerbing and
channelling, for
example) that are constructed by or for the
council; (c) a floating pontoon, jetty, or wharf
that is— (i) constructed by the council; or
(ii) under the
control of the council. (2) If the council,
in exercising a power of the council, constructs
a
structure or carries out any works on someone else’s land,
the
materials in the structure or works are the property of the
council. (3)
This
section does not apply to the materials in— (a)
an
open drain, other than any lining of the drain; or
(b) the outcome
of action taken
in accordance with
a remedial notice under section
130. (4) For subsection (1), it is irrelevant
whether the thing mentioned in the
subsection is on, over or under land that is owned by an
entity other than the council.
Part
5 Caretaker period arrangements
92A Caretaker period (1)
The caretaker period for the council
is the period during an election for the council that—
Current as at [Not applicable]
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Chapter 3 The business of the council
[s
92B] (a) starts on the day when public notice
of the holding of the election is
given under
the Local Government Electoral Act
2011 , section 25(1); and (b)
ends
at the conclusion of the election. (2)
There is
no caretaker period
during a
by-election or
fresh election under
the Local Government Electoral Act 2011
. 92B Prohibition on
major policy decision in caretaker period (1)
The
council must not make a major policy decision during a
caretaker period for the council.
(2) However, if
the council considers
that, having
regard to
exceptional circumstances that apply, it is
necessary to make the major policy
decision in
the public interest,
the council may apply to the
Minister for approval to make the decision. (3)
The
Minister may give the approval if the Minister is satisfied
that, having regard to exceptional
circumstances that apply, it is necessary for
the council to make the major policy decision in the public
interest. (4) The Minister’s approval
may be given
on conditions with
which the council must comply.
92C Invalidity of major policy decision in
caretaker period without approval (1)
A major policy
decision made
by the council
during a
caretaker period
for the council
is invalid to
the extent the
council— (a)
does
not have the Minister’s approval under section 92B
to
make the decision; or (b) does not comply
with any conditions of the Minister’s approval under
section 92B(4). (2) A contract is void if it is the
subject of a major policy decision that is
invalid. Page 70 Current as at
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City
of Brisbane Act 2010 Chapter 4 Finances and
accountability [s 92D] (3)
A
person who acts in good faith in relation to a major policy
decision of the council, or in relation to a
contract that is the subject of
a major policy
decision, but
who suffers loss
or damage because
of any invalidity of
the decision under
subsection (1) or
because the
contract is
void under
subsection (2), has a right to be
compensated by the council for the loss or damage.
(4) The person
may bring a
proceeding to
recover the
compensation in a court of competent
jurisdiction. 92D Prohibition on election material in
caretaker period (1) The council
must not,
during a
caretaker period
for the council, publish
or distribute election material. (2)
Election material is anything able
to, or intended to— (a) influence an elector about voting at
an election; or (b) affect the result of an
election. (3) The prohibition under
subsection (1) does
not apply to
making a
how-to-vote card
available under
the Local Government
Electoral Act 2011, section 179(6). Chapter 4
Finances and accountability
Part
1 Rates and charges 93
What
this part is about (1) This part is about rates and
charges. (2) Rates and charges are levies that
the council imposes— (a) on land;
and Current as at [Not applicable]
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Chapter 4 Finances and accountability
[s
94] (b) for a
service, facility
or activity that
is supplied or
undertaken by— (i)
the
council; or (ii) someone
on behalf of
the council (including a
garbage collection contractor, for
example). 94 Types of rates and charges
(1) There are 4 types of rates and
charges— (a) general rates (including differential
rates); and (b) special rates and charges; and
(c) utility charges; and
(d) separate rates and charges.
(2) General rates are for
services, facilities and activities that are supplied
or undertaken for
the benefit of
the community in
general (rather than a particular
person). Example— General rates
contribute to the cost of roads and library services that
benefit the community in general.
(3) Special rates
and charges are
for services, facilities and
activities that have a special association
with particular land because— (a)
the
land or its occupier— (i) specially
benefits from
the service, facility
or activity; or (ii)
has or will
have special
access to
the service, facility or
activity; or (b) the land
is or will
be used in
a way that
specially contributes to
the need for
the service, facility
or activity; or (c)
the
occupier of the land specially contributes to the need
for
the service, facility or activity. Page 72
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City
of Brisbane Act 2010 Chapter 4 Finances and
accountability [s 95] Examples—
Special rates and charges could be
levied— • for the cost of
maintaining a road in
an industrial area
that is
regularly used by heavy vehicles
• for the
cost of
replacing the
drainage system
in only part
of Brisbane •
on
land that is used only by businesses that would benefit from
the promotion of tourism in Brisbane.
(4) Utility charges are for a
service, facility or activity for any of the following
utilities— (a) waste management, including
recycling; (b) gas; (c)
another utility prescribed under a
regulation. (5) Separate rates and charges
are
for any other service, facility or
activity. 95 Land on which rates are levied
(1) Rates may be levied on rateable
land. (2) Rateable land is any land or
building unit, in Brisbane, that is not exempted
from rates. (3) The following land is exempted from
rates— (a) unallocated State land within the
meaning of the Land Act; (b)
land
that is occupied by the State or a government entity,
unless— (i)
the
government entity is a GOC or its subsidiary (within
the meaning of
the Government Owned
Corporations Act 1993 ) and the
government entity is not exempt from paying rates; or
(ii) the
land is
leased to
the State or
a government entity
by someone who
is not the
State or
a government entity; Current as at
[Not applicable] Page 73
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Chapter 4 Finances and accountability
[s
96] (c) land in a State forest or timber
reserve, other than land occupied under— (i)
an
occupation permit or stock grazing permit under the Forestry
Act; or (ii) a lease under
the Land Act; (d) the following
land under
the Transport Infrastructure Act—
(i) strategic port
land that
is occupied by
a port authority, the
State, or a government entity; (ii)
existing or new rail corridor land;
(iii) commercial corridor
land that
is not subject
to a lease;
(e) airport land,
within the
meaning of
the Airport Assets
(Restructuring and Disposal) Act 2008
,
that is used for a runway, taxiway, apron, road, vacant land,
buffer zone or grass verge; (f)
land
that is exempted from rating— (i)
under another Act or a regulation;
(ii) by
resolution of
the council, for
religious, charitable,
educational or other public purposes. 96
Power
to levy rates and charges (1) The
council— (a) must levy
general rates
on all rateable
land within
Brisbane; and (b)
may
levy— (i) special rates and charges; and
(ii) utility charges;
and (iii) separate rates
and charges. (1A) Without
limiting subsection
(1), the council may
categorise rateable land,
and decide differential rates for rateable land,
Page
74 Current as at [Not applicable]
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City
of Brisbane Act 2010 Chapter 4 Finances and
accountability [s 97] according to
whether or not the land is the principal place of
residence of the owner. (2)
The
council must decide, by resolution at the council budget
meeting for a financial year, what rates and
charges are to be levied for that financial year.
97 Overdue rates and charges are a charge
over rateable land (1)
This section
applies if
the owner of
rateable land
owes the
council for overdue rates and
charges. (2) The overdue rates and charges are a
charge on the land. (3) The council may register the charge
over the land by lodging the following documents with the
registrar of titles— (a) a
request to
register the
charge over
the land, in
the appropriate form; (b)
a certificate signed
by the chief
executive officer
that states there is
a charge over the land for overdue rates and
charges. (4) After the
charge is
registered over
the land, the
charge has
priority over any other encumbrances over
the land, other than encumbrances in favour of—
(a) the State; or (b)
a
government entity. (5) If the
overdue rates
and charges are
paid, the
council must
lodge the following documents with the
registrar of titles— (a) a
request to
release the
charge over
the land, in
the appropriate form; (b)
a certificate signed
by the chief
executive officer
that states the
overdue rates and charges have been paid. (6)
This
section does not limit any other remedy that the council
has
to recover the overdue rates and charges (including selling
the
land, for example). Current as at [Not applicable]
Page
75
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Chapter 4 Finances and accountability
[s
98] 98 Regulations for rates and
charges A regulation may provide for any matter
connected with rates and charges, including for
example— (a) concessions; and (b)
the
categorisation of land for rates and charges; and
(c) the process
for recovering overdue
rates and
charges including by the
sale of the land to which the rates and charges
relate. Part 2 Fees
99 Cost-recovery fees (1)
The council may,
under a
local law
or a resolution, fix
a cost-recovery fee. (2)
A cost-recovery fee is a fee
for— (a) an application for
the issue or
renewal of
a licence, permit,
registration or
other approval
under a
local government
related law (an application fee ); or
(b) recording a change of ownership of
land; or (c) giving information kept
under a
local government related law;
or (d) seizing property
or animals under
a local government related law;
or (e) the performance of
another responsibility imposed
on the council under the Building Act or
the Plumbing and Drainage Act. (3)
A local law
or resolution for
subsection (2)(d) or
(e) must state—
(a) the person liable to pay the
cost-recovery fee; and (b) the time within
which the fee must be paid. Page 76
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City
of Brisbane Act 2010 Chapter 4 Finances and
accountability [s 100] (4)
A cost-recovery fee
must not
be more than
the cost to
the council of taking the action for which
the fee is charged. (5) However, an application fee may also
include a tax— (a) in the circumstances and for a purpose
prescribed under a regulation; and (b)
if
the council decides, by resolution, that the purpose of
the
tax benefits Brisbane. (6) The local law or
resolution that fixes an application fee that includes a tax
must state the amount, and the purpose, of the tax.
(7) If an application fee that includes a
tax is payable in relation to land, the tax applies only in
relation to land that is rateable land.
(8) The council may fix a cost-recovery
fee by resolution even if the fee had previously been fixed by a
local law. 100 Register of cost-recovery fees
(1) The council must keep a register of
its cost-recovery fees. (2) The register
must state the paragraph of section 99(2) under which the
cost-recovery fee is fixed. (3)
Also, the register must state—
(a) for a
cost-recovery fee
under section
99(2)(a)—the provision of
the local government related
law under which the
licence, permit, registration or other approval is issued or
renewed; or (b) for a
cost-recovery fee
under section
99(2)(c)—the provision of
the local government related
law under which the
information is kept; or (c) for
a cost-recovery fee
under section
99(2)(d)—the provision of
the local government related
law under which the
property or animals are seized; or Current as at
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Chapter 4 Finances and accountability
[s
101] (d) for a
cost-recovery fee
under section
99(2)(e)—the provision of
the Building Act
or the Plumbing
and Drainage Act under which the
responsibility is imposed. (4) The council must
ensure the public may view the register at its public office or
on its website. 101 Fees on occupiers of land below the
high-water mark (1) This section applies to the occupier
(other than the State or a government entity) of a structure that
is on land that— (a) is not rateable land, and therefore
not subject to rates; and (b)
is
in, or is adjoining, Brisbane; and (c)
is
below the high-water mark. (2) The
high-water mark
is the ordinary
high-water mark
at spring tides. (3)
The
council may, by resolution, levy a fee on the occupier of
the structure for
the use of
the council’s roads
and other infrastructure. (4)
For
subsection (3), fee includes a tax. Part 3
Financial planning and accountability 102
Statutory Bodies Financial Arrangements Act
applies to council (1)
The council is
a statutory body
for the Statutory
Bodies Financial
Arrangements Act. (2) Part 2B of that Act sets out the way
in which that Act affects the council’s powers.
Page
78 Current as at [Not applicable]
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of Brisbane Act 2010 Chapter 4 Finances and
accountability [s 103] 103
Systems of financial management
(1) To ensure
it is financially sustainable, the
council must
establish a system of financial management
that— (a) ensures regard is had to the sound
contracting principles when entering into a contract
for— (i) the supply of goods or services;
or (ii) the disposal of
assets; and (b) includes the following—
(i) an annual budget; (ii)
an
asset register; (iii) a corporate
plan; (iv) a long-term
financial forecast; (v) a long-term asset management
plan; (vi) an efficient and
effective internal audit function. (2)
The
council is financially sustainable if the council
is able to maintain its
financial capital
and infrastructure capital
over the long
term. (3) The sound
contracting principles are— (a)
value for money; and (b)
open
and effective competition; and (c)
the development of
competitive local
business and
industry; and (d)
environmental protection; and
(e) ethical behaviour and fair
dealing. (4) A contract
for the supply
of goods or
services includes
a contract about carrying out
work. (5) To remove any doubt, it is declared
that subsection (1)(a) does not
require equal
consideration to
be given to
each of
the sound contracting principles.
Current as at [Not applicable]
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Chapter 4 Finances and accountability
[s
104] 104 Approval of budget (1)
The
council must consider the budget presented by the mayor
and, by
resolution, adopt
the budget with
or without amendment. (2)
The council must
adopt the
budget before
the start of
the financial year to which the budget
relates. Part 4 Councillors’
financial accountability 105
What
this part is about This part is about councillors’ financial
accountability. 106 Councillor’s discretionary
funds (1) A councillor must ensure the
councillor’s discretionary funds are used in
accordance with the requirements prescribed under
a
regulation. (2) Discretionary funds
are
funds in the council’s operating fund that are—
(a) budgeted for community purposes;
and (b) allocated by a councillor at the
councillor’s discretion. 107 Councillors
liable for improper disbursements (1)
This
section applies if— (a) the council disburses council funds in
a financial year; and (b) the
disbursement— (i) is not provided for in the council’s
budget for the financial year; and (ii)
is made without
the approval of
the council by
resolution. Page 80
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of Brisbane Act 2010 Chapter 4 Finances and
accountability [s 108] (2)
The
council must give the public notice of the disbursement in
a
newspaper that is circulating generally in Brisbane, within
14
days after the disbursement is made. (3)
If
the disbursement is not made for a genuine emergency or
hardship, the
councillors who
knowingly agree
to the disbursement are
jointly and
severally liable
to pay the
council— (a)
the
amount of the disbursement; and (b)
interest on the amount of the disbursement,
at the rate at which interest accrues on overdue rates,
calculated from the day of the disbursement to the day of
repayment; and (c) any fees, charges, penalties or other
expenses incurred by the council in relation to the
disbursement. (4) Those amounts
may be recovered
as a debt
payable to
the council. 108
Councillors liable for loans to
individuals (1) The council
must not,
either directly
or indirectly, make
or guarantee a loan to an
individual. (2) Guarantee a loan includes provide
a security in connection with a loan. (3)
The
councillors who knowingly agree to loan the money are
jointly and severally liable to pay the
council— (a) the amount of the loan; and
(b) interest on the amount of the loan, at
the rate at which interest accrues
on overdue rates,
calculated from
the day of the borrowing to the day of
repayment; and (c) any fees, charges, penalties or other
expenses incurred by the council in relation to the
loan. (4) Those amounts
may be recovered
as a debt
payable to
the council. Current as at
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Chapter 4 Finances and accountability
[s
109] 109 Councillors liable for improper
borrowings (1) This section applies if the council
borrows money— (a) for a
purpose that
is not for
the good rule
and government of Brisbane; or
(b) in contravention of
this Act
or the Statutory
Bodies Financial
Arrangements Act. (2) The councillors who knowingly agree to
borrow the money are jointly and severally liable to pay the
council— (a) the amount borrowed; and
(b) interest on
the amount borrowed,
at the rate
at which interest
accrues on
overdue rates,
calculated from
the day of the borrowing to the day of
repayment; and (c) any fees, charges, penalties or other
expenses incurred by the council in relation to the
borrowing. (3) Those amounts
may be recovered
as a debt
payable to
the council. (4)
This
section applies despite— (a) the fact that a
security was issued for the borrowing; or (b)
the
Statutory Bodies Financial Arrangements Act. Page 82
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of Brisbane Act 2010 Chapter 5 Monitoring and enforcing the
local government related laws [s 110]
Chapter 5 Monitoring and
enforcing the local government related
laws Part 1 The
council 110 What this part is about
(1) The purpose of this part is to allow
the Minister, on behalf of the State— (a)
to gather information (including under
a direction) to
monitor and
evaluate whether
the council or
a councillor— (i)
is
performing their responsibilities properly; or (ii)
is complying with
the local government related
laws; and (b)
if
the information shows the council or councillor is not
performing their
responsibilities properly,
or is not
complying with the local government related
laws—to take remedial action. (2)
Remedial action
is action to
improve the
council’s or
a councillor’s performance or compliance
(including directing the council or councillor to take the
action that is necessary to comply with a
local government related law, for example). 111
Decisions under this part are not subject to
appeal A decision of
the Minister under
this part
is not subject
to appeal. Note—
See
section 226 for more information. Current as at
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Chapter 5 Monitoring and enforcing the local
government related laws [s 112] 112
Gathering information To
monitor and
evaluate the
council’s or
a councillor’s performance and
compliance, the
department’s chief
executive may— (a)
examine the
information contained
in the council’s
records and operations; or
(b) otherwise carry out an investigation
of the council’s or councillor’s performance and
compliance. 113 Acting on the information
gathered (1) This section
applies if
the information gathered
by the department’s chief
executive shows
that the
council or
a councillor— (a)
is
not performing their responsibilities properly; or
(b) is not complying with the local
government related laws. (2) The department’s
chief executive may give the information to the
Minister. (3) The Minister
may direct the
council or
a councillor to
take action
to— (a) improve the council’s or councillor’s
performance; or (b) correct the
noncompliance with
the local government related
law. (4) If the council does not follow the
direction to the satisfaction of the Minister,
the Minister may publish the way in which the council or
councillor— (a) is not performing their
responsibilities properly; or (b)
is
not complying with the local government related laws.
(5) The Minister may— (a)
publish the
information in
a newspaper that
is circulating generally in Brisbane;
or (b) direct the
council to
publish the
information on
its website. Page 84
Current as at [Not applicable]
Part
2 City of Brisbane Act 2010 Chapter 5
Monitoring and enforcing the local government related laws
[s
114] The public Not
authorised —indicative only
Division 1 Powers of
authorised persons Subdivision 1 Introduction 114
What
this division is about (1) This
division is
about the
powers that
may be used
by an authorised
person. (2) An authorised
person is a person who is appointed under
this Act to ensure members of the public comply
with the local government related laws. Note—
See
chapter 6, part 5 for more information about the appointment
of authorised persons. (3)
The powers of
an authorised person
include the
power, in
certain circumstances— (a)
to
ask a person for their name and address; and (b)
to
enter a property, including private property. (4)
Private property is a property
that is not a public place. (5)
A public place is a place, or
that part of a place, that— (a)
is
open to the public; or (b) is used by the
public; or (c) the public is entitled to use;
whether or not on payment of money.
Example— A person uses a
room at the front of their home as a business office.
While the business office is open to the
public it is a public place. However, the
home is private property and not part of the public place.
(6) An occupier
of a
property includes a person who reasonably appears to be
the occupier of, or in charge of, the property. Current as at
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Chapter 5 Monitoring and enforcing the local
government related laws [s 115] (7)
Force must not be used to enter a property
under this division, other than when the property is
entered under a warrant that authorises that
use of force. 115 Producing authorised person’s identity
card (1) An authorised person
may exercise a
power under
this division,
in relation to
a person, only
if the authorised person—
(a) first produces his or her identity
card for the person to inspect; or (b)
has his or
her identity card
displayed so
it is clearly
visible to the person. (2)
However, if for any reason it is not
practicable to comply with subsection (1), the
authorised person
must produce
the identity card for the person’s
inspection at the first reasonable opportunity. Subdivision
2 Power to require a person’s name
and
address 116 Power to require a person’s name and
address (1) This section applies if an authorised
person— (a) finds a
person committing an
infringement notice
offence; or (b)
finds a person in circumstances that lead
the authorised person to
suspect, on
reasonable grounds,
that the
person has
just committed
an infringement notice
offence; or (c)
has information that
leads the
authorised person
to suspect, on
reasonable grounds,
that a
person has
just committed an
infringement notice offence. Page 86
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local government related laws [s 117]
(2) An infringement notice
offence is
an offence prescribed under
the State Penalties
Enforcement Act
1999 to
be an infringement
notice offence. (3) The authorised person
may require the
person to
state the
person’s name and address.
(4) If the authorised person does so, the
authorised person must also warn the person that it is an
offence to fail to state the person’s name
and address, unless the person has a reasonable excuse.
(5) The authorised person
may require the
person to
give evidence
of the person’s
name or
address if
the authorised person suspects,
on reasonable grounds, that the person has given a false
name or address. (6) The person
must comply
with an
authorised person’s
requirement under subsection (3) or (5),
unless the person has a reasonable excuse.
Maximum penalty—35 penalty units.
(7) However, the
person does
not commit an
offence under
subsection (6), if the person is not proved
to have committed the infringement notice offence.
Subdivision 3 Powers to enter
property etc. 117 Entering a public place that is open
without the need for permission (1)
This
section applies if an authorised person wants to enter a
public place to ensure the public place
complies with the local government related laws.
(2) The authorised person may enter the
public place, without the permission of
the occupier of
the place, if
the place is
not closed to the public (by a locked
gate, for example). Current as at [Not applicable]
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of Brisbane Act 2010 Chapter 5 Monitoring and enforcing the
local government related laws [s 118]
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only 118 Entering private
property with, and in accordance with, the occupier’s
permission (1) An authorised person may enter private
property, that is not closed to entry by the public (by a
locked gate, for example), in order to ask the occupier of the
property for permission to stay on
the property and
exercise powers
under a
local government
related law. (2) When asking
the occupier for
permission, the
authorised person must
inform the occupier— (a) of the purpose
of entering the property; and (b)
that
any thing or information that the authorised person
finds on the property may be used as
evidence in court; and (c) that the
occupier is not obliged to give permission. (3)
If
the occupier gives permission, the authorised person may
ask the occupier
to sign a
document that
confirms that
the occupier has given permission.
(4) The document must state—
(a) that the authorised person informed
the occupier— (i) of the purpose of entering the
property; and (ii) that
any thing or
information that
the authorised person
finds on
the property may
be used as
evidence in court; and (iii)
that the
occupier was
not obliged to
give the
permission; and (b)
that
the occupier gave the authorised person permission
to
enter the property and exercise powers under a local
government related law; and
(c) the date
and time when
the occupier gave
the permission. (5)
If the occupier
signs the
document, the
authorised person
must immediately give
a copy of
the document to
the occupier. Page 88
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of Brisbane Act 2010 Chapter 5 Monitoring and enforcing the
local government related laws [s 119]
(6) If, in any proceedings—
(a) a question
arises as
to whether the
occupier of
a property gave permission to allow an
authorised person to stay on the property under this Act;
and (b) a document that confirms the occupier
gave permission is not produced in evidence;
the court may
assume that
the occupier did
not give the
permission, unless the contrary is
proved. (7) If the occupier gives permission, the
authorised person may stay on the property and exercise the
powers that the occupier has agreed to be exercised on the
property. (8) However, the right to stay on the
property— (a) is subject
to any conditions that
the occupier imposes
(including about
the times when
the property may
be entered, for example); and
(b) may be cancelled by the occupier at
any time. 119 Entering private property with, and in
accordance with, a warrant (1)
An
authorised person may enter private property with, and in
accordance with, a warrant.
(2) An authorised person must apply to a
magistrate for a warrant. (3) The application
for the warrant must— (a) be
in the form
approved by
the department’s chief
executive; and (b)
be
sworn; and (c) state the grounds on which the warrant
is sought. (4) The magistrate may refuse to consider
the application until the authorised person gives the magistrate
all the information that the magistrate requires about the
application, in the way that the magistrate
requires. Current as at [Not applicable]
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of Brisbane Act 2010 Chapter 5 Monitoring and enforcing the
local government related laws [s 119]
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only Example— The magistrate
may require additional information in support of the
application to be given by statutory
declaration. (5) The magistrate may issue the warrant
only if the magistrate is satisfied that there are reasonable
grounds for suspecting— (a) there is a
particular thing or activity that may provide evidence
of an offence
against a
local government related law
(the evidence ); and
(b) the evidence
is at the
place, or
may be at
the place within the next
7 days. (6) The warrant must state—
(a) the evidence for which the warrant is
issued; and (b) that the
authorised person
may, with
necessary and
reasonable help
and force, enter
the property and
exercise an authorised person’s powers under
this Act; and (c) the hours of the
day or night when the property may be entered;
and (d) the day (within 14 days after the
warrant’s issue) when the warrant ends. (7)
The
magistrate must keep a record of the reasons for issuing
the
warrant. (8) A warrant is not invalidated by a
defect in the warrant, or in compliance with
section 120, unless
the defect affects
the substance of the warrant in a material
particular. (9) As soon as an authorised person enters
private property under a warrant,
the authorised person
must do,
or make a
reasonable attempt to do, the following
things— (a) inform any occupier of the
property— (i) of the reason for entering the
property; and (ii) that the warrant
authorises the authorised person to enter
the property without
the permission of
the occupier; Page 90
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local government related laws [s 120]
(b) give any occupier a reasonable
opportunity to allow the authorised person
to immediately enter
the property without using
force. (10) However, the
authorised person does not need to comply with subsection
(9) if the authorised person
believes that
immediate entry
to the property
is required to
ensure the
warrant is effectively executed.
120 Warrants—applications made
electronically (1) An authorised person may make an
electronic application for a warrant
if the authorised person
considers it
necessary because
of— (a) urgent circumstances; or
(b) special circumstances (including the
authorised person’s remote location, for example).
(2) An electronic
application is an application made by phone,
fax, radio,
email, videoconferencing or
another form
of electronic communication.
(3) The authorised person
must prepare
an application for
the warrant that states the grounds on
which the warrant is sought, before applying
for the warrant. (4) However, the
authorised person
may apply for
the warrant before the
application is sworn. (5) The magistrate
may issue the warrant only if the magistrate is satisfied
that— (a) it was necessary to make the
application electronically; and
(b) the way that the application was made
was appropriate in the circumstances. (6)
If the magistrate issues
the warrant, and
it is reasonably practicable to
send a
copy of
the warrant to
the authorised person
(by fax or
email, for
example), the
magistrate must
immediately do so. Current as at
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Chapter 5 Monitoring and enforcing the local
government related laws [s 120] (7)
If
it is not reasonably practicable to send a copy of the
warrant to the authorised person—
(a) the magistrate must—
(i) inform the authorised person of the
date and time when the magistrate signed the warrant;
and (ii) inform
the authorised person
of the terms
of the warrant;
and (b) the authorised person must write on a
warrant form— (i) the magistrate’s name; and
(ii) the date and
time when the magistrate signed the warrant;
and (iii) the terms of the
warrant. (8) The copy of the warrant sent to the
authorised person, or the warrant form
properly completed
by the authorised person,
authorises the authorised person to enter
the property, and to exercise the powers, mentioned in the
warrant that was signed by the magistrate. (9)
The authorised person
must, at
the first reasonable opportunity,
send the magistrate— (a) the sworn
application; and (b) if the authorised person completed a
warrant form—the completed warrant form. (10)
When
the magistrate receives those documents, the magistrate
must attach
them to
the warrant that
was signed by
the magistrate, and give the warrant to
the clerk of the court. (11) Unless
the contrary is
proven, a
court must
presume that
a power exercised by an authorised
person was not authorised by a warrant issued under this section
if— (a) a question arises, in any proceedings
before the court, whether the
exercise of
power was
authorised by
a warrant; and (b)
the
warrant is not produced in evidence. Page 92
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of Brisbane Act 2010 Chapter 5 Monitoring and enforcing the
local government related laws [s 121]
121 Entering under an application, permit
or notice (1) This section applies if an authorised
person wants to enter a property— (a)
to
inspect the property in order to process an application
made
under any local government related law; or (b)
to inspect a
record that
is required to
be kept for
a budget accommodation building under
the Building Act, chapter 7; or (c)
to
find out whether the conditions on which a permit or
notice was issued have been complied with;
or (d) to inspect work that is the subject
of, or was carried out under, a permit or notice.
(2) A permit
is an approval,
authorisation, consent,
licence, permission, registration or
other authority
issued under
any local government related law.
(3) A notice
is a
notice issued under any local government related
law. (4)
The authorised person
may enter the
property without
the permission of the occupier of the
property— (a) at any reasonable time during the day;
or (b) at night, if— (i)
the occupier of
the property asks
the authorised person to enter
the property at that time; or (ii)
the conditions of
the permit allow
the authorised person to enter
the property at that time; or (iii)
the
property is a public place and is not closed to the
public. (5) However, the authorised person—
(a) must, as
soon as
the authorised person
enters the
property, inform any occupier of the
property— (i) of the reason for entering the
property; and Current as at [Not applicable]
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Chapter 5 Monitoring and enforcing the local
government related laws [s 122] (ii)
that
the authorised person is authorised under this Act to enter the
property without the permission of the occupier;
and (b) may enter
a home that
is on the
property only
if the occupier
of the relevant
part of
the property accompanies the
authorised person. 122 Entering property under an approved
inspection program (1) An authorised person may enter a
property (other than a home on the property)
without the permission of the occupier of the property, at any
reasonable time of the day or night, under an approved
inspection program. (2) An approved
inspection program is a program, approved by
the
council, under which an authorised person may enter and
inspect properties in Brisbane to ensure the
local government related laws are being complied with.
(3) The council must give, or must make a
reasonable attempt to give, the occupier of the property a
written notice that informs the occupier of
the following— (a) the council’s intention to enter the
property; (b) the reason for entering the
property; (c) an estimation of when the property
will be entered. Example— The council may
give the written notice to an occupier of a property by
dropping a flyer in the letterbox for the
property. (4) The council must give, or make a
reasonable attempt to give, the
written notice
to the occupier
within a
reasonable time
before the property is to be entered.
(5) The authorised person—
(a) must, as
soon as
the authorised person
enters the
property, inform any occupier of the
property— (i) of the reason for entering the
property; and Page 94 Current as at
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of Brisbane Act 2010 Chapter 5 Monitoring and enforcing the
local government related laws [s 123]
(ii) that the
authorised person is authorised under this Act to enter the
property without the permission of the occupier;
and (b) may enter
a budget accommodation building
on the property only to
monitor compliance with the Building Act, chapter
7. 123 Approving an inspection program
(1) The council may, by resolution,
approve the following types of inspection
programs— (a) a systematic inspection
program; (b) a selective inspection program.
(2) A systematic
inspection program allows an authorised person
to
enter and inspect all properties, or all properties of a
certain type, in Brisbane. (3)
A selective inspection program
allows an authorised person
to enter and
inspect those
properties in
Brisbane that
have been selected in
accordance with objective criteria specified in the
resolution. (4) The resolution must state—
(a) the purpose of the program; and
(b) when the program starts; and
(c) for a systematic inspection program
that allows a type of property to be entered and inspected—a
description of the type of property; and
(d) for a
selective inspection program—the objective
criteria for
selecting the
properties to
be entered and
inspected; and (e)
the
period (of not more than 3 months or another period
prescribed under a regulation) over which
the program is to be carried out. Current as at
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Chapter 5 Monitoring and enforcing the local
government related laws [s 123] (5)
The
council must give the public notice of the approval of an
inspection program,
at least 14
days, but
not more than
28 days, before the approved inspection
program starts. (6) The notice must be published—
(a) in a newspaper that is circulating
generally in Brisbane; and (b)
on
the council’s website. (7) The notice must
state the following— (a) that the notice
is made by the council; (b) the purpose and
scope of the program, in general terms; (c)
when
the program starts; (d) the period over which the program is
to be carried out; (e) that the public may view a copy of the
resolution that approved the program at the council’s public
office until the end of the program; (f)
that
a copy of the resolution that approved the program
may
be purchased at the council’s public office until the
end
of the program; (g) the price of a copy of the resolution
that approved the program. (8)
The price of
a copy of
the resolution that
approved the
program must
be no more
than the
cost to
the council of
making the copy available for
purchase. (9) From the time when the notice is
published in the newspaper until the end of the program—
(a) the public
may view a
copy of
the resolution that
approved the program at the council’s public
office; and (b) copies of the resolution that approved
the program must be available for purchase at the council’s
public office at the price stated in the notice.
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96 Current as at [Not applicable]
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of Brisbane Act 2010 Chapter 5 Monitoring and enforcing the
local government related laws [s 123A]
123A Entry by authorised person, at
reasonable times, to inspect regulated pools (1)
At all reasonable times,
an authorised person
may enter a
property (other
than a
home on
the property) without
permission of
the occupier of
the property to
inspect a
regulated pool,
and barriers or
fencing for
the pool, for
compliance with— (a)
if,
under the Building Act, the owner of the pool must
ensure the pool complies with the pool
safety standard or a part
of the standard—the pool
safety standard
or part; or (b)
if paragraph (a)
does not
apply—a provision
of a law
that
regulates— (i) the construction or
maintenance of
barriers or
fencing for the pool; or (ii)
another matter
relating to
the safety of
persons using the
pool. (2) However, the
authorised person
must, as
soon as
the authorised person enters the
property— (a) inform any occupier of the
property— (i) of the reason for entering the
property; and (ii) that the
authorised person is authorised under this Act to enter the
property without the permission of the occupier;
and (b) produce his or her identity card for
the occupier of the property to inspect. (3)
In
this section— pool safety standard see the Building
Act, section 231D. 124 General powers after entering a
property (1) This section explains the powers that
an authorised person has after entering a property, other than
entering a property— Current as at [Not applicable]
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Chapter 5 Monitoring and enforcing the local
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to
ask the occupier of the property for permission to stay
on
the property; or (b) under section 121, 122 or 123A.
(2) The authorised person may—
(a) search any part of the property;
or (b) inspect, test, photograph or film
anything that is in or on the property; or (c)
copy
a document that is in or on the property; or (d)
take samples
of or from
anything that
is in or
on the property;
or (e) take into or onto the property any
persons, equipment and materials that
the authorised person
reasonably requires for
exercising the authorised person’s powers; or
(f) require the occupier of the property,
or a person in or on the property,
to give the
authorised person
reasonable help
to exercise the
authorised person’s
powers under
paragraphs (a) to (e). (3)
An authorised person
may exercise a
power under
subsection (2) only if exercising the power
is necessary for the purpose related to the entry of the
property. (4) If a
person is
required to
give reasonable help
under subsection
(2)(f), the person must
comply with
the requirement, unless the person has a
reasonable excuse. Maximum penalty—8 penalty units.
(5) If the requirement is to be complied
with by the person giving information or
producing a
document, it
is a reasonable excuse for the
person to fail to comply with the requirement if
complying with the requirement might
incriminate the person. 125 Authorised person
to give notice of damage (1) This section
applies if— (a) something is damaged by—
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of Brisbane Act 2010 Chapter 5 Monitoring and enforcing the
local government related laws [s 126]
(i) an authorised person, when the
authorised person exercises a power under this division;
or (ii) a person who is
authorised by an authorised person to take action
under this division, when the person takes the
action; or (b) the authorised person considers, on
reasonable grounds, that the damage is more than trivial
damage. (2) The authorised person must immediately
give written notice of the particulars of the damage to the
person who appears to be the owner of the thing that was
damaged. (3) However, if for any reason it is not
practicable to do so, the authorised person
must leave
the notice, in
a reasonably secure way and
in a conspicuous position, at the place where the thing was
damaged. (4) The owner
of a thing
includes a
person in
possession or
control of the thing. (5)
If
the authorised person believes the damage was caused by a
latent defect in the thing, or other
circumstances beyond the authorised person’s control, the
authorised person may state that in the
notice. 126 Compensation for damage or loss caused
after entry (1) If a person incurs damage or loss
because of the exercise, or purported
exercise, of a power under this division, the council
must
pay the person compensation. (2)
The
compensation equals— (a) the amount
agreed between the person and the council; or
(b) if the person and the council can not
agree, the amount that is decided by a court.
(3) The person may claim the compensation
in— (a) any proceedings for compensation;
or Current as at [Not applicable]
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99
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Chapter 5 Monitoring and enforcing the local
government related laws [s 127] (b)
any proceedings brought
against the
person for
an offence against any local government
related law. (4) A court may order compensation to be
paid only if the court is satisfied it is just to do so in all
the circumstances. (5) A regulation may
prescribe matters
that may,
or must, be
taken into account by the court when
considering whether it is just to make the order.
(6) The court
may make any
order about
costs that
the court considers
just. Division 2 Powers of other
persons 127 What this division is about
(1) This division is about the powers that
may be used— (a) to enable the council to perform its
responsibilities; or (b) to ensure a
person complies with this Act, and the other local government
related laws, including by complying with a remedial
notice. (2) This division explains the
circumstances in which a person is authorised to
enter a property under this division, namely— (a)
in a potentially dangerous
situation, to
take urgent
action; or (b)
to take action
in relation to
council facilities on
the property (including water
or sewerage pipes,
for example); or (c)
with (and
in accordance with)
the permission of
the occupier of the property; or
(d) with (and in accordance with) a court
order; or (e) with (and in accordance with) a
reasonable entry notice. (3) The
following persons
may enter a
property under
this division—
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(a) if the occupier of the property is not
the owner of the property—the owner or the owner’s
employee; (b) a council worker. (4)
A council worker is an employee,
or agent, of the council who is authorised by
the council to act under this division. Note—
Not every employee
or agent of
the council would
ordinarily be
authorised to act under this
division. (5) However, the council may authorise an
employee or agent to act under
this division
only if
the employee or
agent is
appropriately qualified
or trained to
exercise a
power or
perform a responsibility under this
division. (6) Force must not be used to enter a
property under this division, unless
the property is
entered under
a court order
that specifically
authorises the use of that force. 127A
Notices for this division
(1) A remedial
notice is a written notice that requires the
owner or occupier of
a property to
take action
under a
local government
related law in relation to the property (including
fencing a pool, for example).
(2) A remedial
notice may
only be
given by
the council to
the person who, under a local government
related law, is required to take the action stated in the
notice. (3) A reasonable entry
notice is a written notice about a proposed
entry of a property that—
(a) informs the owner or occupier of the
property of— (i) who is to enter the property;
and (ii) the reason for
entering the property; and (iii) the
days and
times when
the property is
to be entered;
and (b) is given to the owner or occupier of
the property at least 7 days before the property is proposed
to be entered. Current as at [Not applicable]
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Chapter 5 Monitoring and enforcing the local
government related laws [s 128] (4)
A
remedial notice and a reasonable entry notice may not be
combined unless— (a)
the owner of
the property is
also the
occupier of
the property; or (b)
the
occupier of the property is the person who, under a
local government related
law, is
required to
take the
action stated in the remedial notice.
(5) A notice
given under
this division
in contravention of
this section is of no
effect. 128 Identity card for use under this
division (1) The council
is not required
to give a
council worker
an identity card unless the worker is
exercising a power of entry under this
division. (2) This section does not stop a single
identity card being issued to a person for this Act and for
another purpose. (3) A person who stops being a council
worker must return the person’s identity
card to
the council within
21 days after
stopping being
a council worker,
unless the
person has
a reasonable excuse. Maximum penalty
for subsection (3)—10 penalty units. 129
Entry
with, and in accordance with, permission of occupier
(1) Any person may enter a property with
the permission of the occupier of the property.
(2) However, the right to enter the
property— (a) is subject
to any conditions that
the occupier imposes
(including about
the times when
the property may
be entered, for example); and
(b) may be cancelled by the occupier at
any time. Page 102 Current as at
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of Brisbane Act 2010 Chapter 5 Monitoring and enforcing the
local government related laws [s 130]
130 Entry by an owner, with reasonable
entry notice, under a remedial notice (1)
This
section applies if— (a) the council
gives a
remedial notice
to the owner
of a property;
and (b) the owner is not the occupier of the
property. (2) After the owner gives a reasonable
entry notice to the occupier of the property,
the owner or the owner’s agent may— (a)
enter the property at the times stated in
the reasonable entry notice; and (b)
take the
action that
is required under
the remedial notice.
(3) If the occupier asks to inspect the
remedial notice, the owner must allow the occupier to inspect the
remedial notice. (4) This section does not affect any
rights that the owner has apart from this
section. 131 Occupier may discharge owner’s
obligations (1) This section applies if—
(a) the owner of a property fails—
(i) to take the action in relation to the
property that is required under a remedial notice; or
(ii) to
pay money that
is payable in
relation to
the property under
a local government related
law (including rates, for example);
and (b) the occupier
of the property
is not the
owner of
the property. (2)
The
occupier of the property may— (a)
take
the action that is required, and recover the amount
that the
occupier properly
and reasonably incurs
in taking the action as a debt payable by
the owner; or Current as at [Not applicable]
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Chapter 5 Monitoring and enforcing the local
government related laws [s 132] (b)
pay
the money that is payable, and recover the money as
a
debt payable by the owner. (3) For
example, if
the occupier is
the owner’s tenant,
the occupier may
deduct the
money from
any rent that
the occupier owes
the owner, without
being in
breach of
the tenancy agreement. 132
Entry
by a council worker, with reasonable entry notice,
under
a remedial notice (1) This section applies if—
(a) the council gives a remedial notice to
the owner or the occupier of a property (the
responsible person ); and
(b) the responsible person fails to take
the action required under the remedial notice.
(2) After giving a reasonable entry notice
to the occupier of the property, a council worker may—
(a) enter the property (other than a home
on the property) without the permission of the occupier;
and (b) take the
action that
is required under
the remedial notice.
(3) However, the
council worker
must, as
soon as
the council worker enters
the property— (a) inform any occupier of the
property— (i) of the reason for entering the
property; and (ii) that the council
worker is authorised under this Act to enter the
property without the permission of the occupier;
and (b) produce his or her identity card for
the occupier of the property to inspect. (4)
The
council may recover the amount that the council properly
and
reasonably incurs in taking the action as a debt payable by
the
person who failed to take the action. Page 104
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of Brisbane Act 2010 Chapter 5 Monitoring and enforcing the
local government related laws [s 133]
(5) Interest is payable on the debt at the
same rate that interest is payable on overdue rates levied by the
council. (6) The council must give the person who
failed to take the action written notice of the amount of the
debt. (7) Subsection (8) applies
if the person
who failed to
take the
action is the owner of the property.
(8) If the
debt is
not paid within
30 days after
the date of
the written notice, the council may
recover the debt as if the debt were overdue
rates. 133 Entry by a council worker, with
reasonable entry notice, to take materials (1)
This
section applies if, in the circumstances, the council has
no other reasonably practicable way
of obtaining materials
other than by removing the materials from
relevant land. (2) Relevant land means land,
other than protected land, that is— (a)
within Brisbane; or (b)
if
the council has the written approval of the Minister,
under section 11(4)(b)(i), to exercise its
powers outside of Brisbane—outside of Brisbane; or
(c) if the
council may
exercise a
power in
another local
government’s area for the purpose of a joint
government activity—within the other local government’s
area. (3) Protected land is land that
is— (a) the site
of, or curtilage
around, a
home or
other structure;
or (b) a court, lawn, park, planted walk or
avenue or yard; or (c) under cultivation (including a
garden, nursery
or plantation, for example); or
(d) a State forest or timber reserve under
the Forestry Act; or (e) a
protected area
under the
Nature Conservation Act
1992 .
Current as at [Not applicable]
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Chapter 5 Monitoring and enforcing the local
government related laws [s 134] (4)
After giving a reasonable entry notice to
the owner and the occupier of the rateable land, a council
worker may— (a) enter the land without the permission
of the occupier of the land; and (b)
search for materials that the council
requires to perform its responsibilities; and
(c) remove the materials from the
land. Example— The council may
remove dirt from the land for use in mopping up an oil
spill on a neighbouring road to prevent the
oil entering a stormwater drain. (5)
However, the
council worker
must, as
soon as
the council worker enters
the property— (a) inform any occupier of the
property— (i) of the reason for entering the
property; and (ii) that the council
worker is authorised under this Act to enter the
property without the permission of the occupier;
and (b) produce his or her identity card for
the occupier of the property to inspect. (6)
The
council worker must not search for, or remove materials
from, within
50m of any
structure or
works on
the land (including a
home, bridge, dam or wharf, for example). 134
Entry
by a council worker, at reasonable times, to repair
etc.
facilities (1) At all reasonable times, a council
worker may enter a property (other than a
home on the property) without the permission of the occupier of
the property— (a) to investigate the future installation
of council facilities on, over or under the property;
or (b) to install
council facilities on,
over or
under the
property; or Page 106
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of Brisbane Act 2010 Chapter 5 Monitoring and enforcing the
local government related laws [s 135]
(c) to inspect, maintain, operate, repair,
replace or remove council facilities, that are on, over or
under the property, for their routine operations.
(2) Council facilities are facilities
that are installed by the council (including
sewerage pipes, for example). (3)
However, the
council worker
must, as
soon as
the council worker enters
the property— (a) inform any occupier of the
property— (i) of the reason for entering the
property; and (ii) that the council
worker is authorised under this Act to enter the
property without the permission of the occupier;
and (b) produce his or her identity card for
the occupier of the property to inspect. 135
Entry
by a council worker, at any time, for urgent action
(1) A council worker may enter a property
(other than a home on the property), at
any time without
the permission of
the occupier of the property, in a
potentially dangerous situation to take urgent
action for local government purposes. Example—
A
council worker may enter a property to cut down a tree that
was blown over in a storm and is in danger of
falling and injuring someone or damaging
property. (2) However, the
council worker
must, as
soon as
reasonably practicable
after the council worker enters the property— (a)
inform any occupier of the property—
(i) of the reason for entering the
property; and (ii) that the council
worker is authorised under this Act to enter the
property without the permission of the occupier;
and (b) produce his or her identity card for
the occupier of the property to inspect. Current as at
[Not applicable] Page 107
City
of Brisbane Act 2010 Chapter 5 Monitoring and enforcing the
local government related laws [s 136]
Not authorised —indicative
only 136 Entry with, and
in accordance with, a court order (1)
A
person may enter a property with, and in accordance with, a
court order made under this section.
(2) The person must apply to a magistrate
for the court order. (3) The application
must— (a) be in
the form approved
by the department’s chief
executive; and (b)
be
sworn; and (c) state the grounds on which the court
order is sought. (4) The person must, as soon as
practicable, give a copy of the application
to— (a) if the
person is
not the owner
of the property—the owner of the
property; and (b) the occupier of the property.
(5) The magistrate may refuse to consider
the application until the person gives
the magistrate all
the information that
the magistrate requires about the
application in the way that the magistrate
requires. Example— The
magistrate may
require additional information supporting the
application to be given by statutory
declaration. (6) If the
magistrate is
satisfied that
entry to
the property is
necessary to allow the person to take action
under any of the local government related laws, the
magistrate may make the court order. (7)
The
court order must— (a) direct the occupier of the property to
allow the person to enter the property and take all action that
is necessary under any local government related law;
and (b) state the
hours of
the day or
night when
the property may be entered;
and (c) state the
day (within 14
days after
the court order
is made) when the court order
ends. Page 108 Current as at
[Not applicable]
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of Brisbane Act 2010 Chapter 5 Monitoring and enforcing the
local government related laws [s 137]
(8) If the
person who
applied for
the court order
is a council
worker, the court order may authorise the
council worker to use necessary and
reasonable help
and force to
enter the
property. (9)
The
magistrate must record the reasons for making the court
order. (10)
As soon as
the person enters
the property under
the court order, the
person must do, or make a reasonable attempt to do,
the
following things— (a) inform any occupier of the
property— (i) of the reason for entering the
property; and (ii) that the person
is authorised under the court order to enter the
property without the permission of the occupier;
(b) if the court order authorises the
person to use force to enter the
property—give the
occupier a
reasonable opportunity to
allow the person to immediately enter the property without
using force. 137 Compensation for damage or loss
caused (1) A council worker who enters a
property— (a) must not cause, or contribute to,
damage to any structure or works on the property; and
(b) must take
all reasonable steps
to ensure the
worker causes
as little inconvenience, and
does as
little other
damage, as is practicable in the
circumstances. (2) If a person incurs damage or loss
because of the exercise, or purported
exercise, of a power under this division (including
the
loss of the value of materials removed from a property, or
the
reduction in the value of the property, for example), the
council must pay the person
compensation. (3) The compensation equals—
Current as at [Not applicable]
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Chapter 5 Monitoring and enforcing the local
government related laws [s 138] (a)
the
amount agreed between the person and the council;
or (b) if the person
and the council can not agree, the amount that is decided
by a court. (4) The court
may make any
order about
costs that
the court considers
just. 138 Limitation of time in absence of
notice of work done (1) This section applies if work is done
on a property without an approval that is required under a
local government related law. (2)
For the purposes
of any limitation of
time for
taking any
proceedings or doing anything else about the
work, the work is taken to have been done when a council
worker first finds out about the work. Part 3
Investigation of council records
Division 1 Introduction 139
What
this part is about This part is about investigations conducted
by the department or the council into the accuracy of the
council’s registers or records that are required to be kept
under this Act. Division 2 Investigations
by department 140 Producing authorised officer’s
identity card (1) This section applies if the
department’s chief executive directs an authorised
officer to exercise a power under this division.
(2) The authorised officer may exercise
the power, in relation to a person, only if
the officer— Page 110 Current as at
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of Brisbane Act 2010 Chapter 5 Monitoring and enforcing the
local government related laws [s 141]
(a) first produces his or her identity
card for the person to inspect; or (b)
has his or
her identity card
displayed so
it is clearly
visible to the person. 141
Making of inquiries for department
(1) This section
applies if
the department’s chief
executive suspects or
believes, on reasonable grounds, that information
included in
a register or
record of
the council is
incorrect because of an
error or omission. (2) An authorised officer,
if directed by
the department’s chief
executive, may
make all
inquiries the
chief executive
considers to
be reasonable to
find out
whether and
to what extent the
register or record is incorrect. 142
Power
to require information or document for department
investigation (1)
This section
applies if
the department’s chief
executive suspects or
believes, on reasonable grounds, that— (a)
either or both of the following
apply— (i) information included in a register or
record of the council is
incorrect because
of an error
or omission; (ii)
an offence against
this Act
has been committed
relating to a register or record; and
(b) a person— (i)
is able to
give information about
the error, omission or
offence; or (ii) holds a document
relating to the error, omission or offence.
(2) The department’s chief
executive or,
if directed by
the department’s chief
executive, an
authorised officer
may Current as at [Not applicable]
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Chapter 5 Monitoring and enforcing the local
government related laws [s 143] require
the person to
give the
information or
produce the
document. (3)
When making
the requirement, the
department’s chief
executive or authorised officer must warn
the person it is an offence to
fail to
comply with
the requirement unless
the person has a reasonable excuse.
(4) The person
must comply
with the
requirement unless
the person has a reasonable excuse.
Maximum penalty—40 penalty units.
(5) If the
person is
an individual, it
is a reasonable excuse
for failing to
comply with
the requirement that
giving the
information or
producing the
document might
tend to
incriminate the person. (6)
It
is a defence in a prosecution under subsection (4) that the
information or
document sought
by the department’s chief
executive or
authorised officer
is not relevant
to the error,
omission or offence. (7)
If
the person produces the document to the department’s chief
executive or
authorised officer,
the chief executive
or officer— (a)
may keep the
document to
take an
extract from
it or make a copy of
it; and (b) must return
the document to
the person as
soon as
practicable after taking the extract or
making the copy. Division 3 Investigations
by council 143 Producing authorised person’s identity
card (1) This section applies if the chief
executive officer directs an authorised
person to exercise a power under this division. (2)
The
authorised person may exercise the power, in relation to
another person, only if the authorised
person— Page 112 Current as at
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of Brisbane Act 2010 Chapter 5 Monitoring and enforcing the
local government related laws [s 144]
(a) first produces
his or her
identity card
for the other
person to inspect; or (b)
has his or
her identity card
displayed so
it is clearly
visible to the other person.
144 Making of inquiries for council
(1) This section applies if the chief
executive officer suspects or believes, on
reasonable grounds, that information included in
a
register or record of the council is incorrect because of an
error or omission. (2)
The chief executive
officer or,
if directed by
the chief executive
officer, an authorised person may make all inquiries
the
chief executive officer considers to be reasonable to find
out whether and
to what extent
the register or
record is
incorrect. 145
Power
to require information or document for council investigation (1)
This
section applies if the chief executive officer suspects or
believes, on reasonable grounds,
that— (a) either or both of the following
apply— (i) information included in a register or
record of the council is
incorrect because
of an error
or omission; (ii)
an offence against
this Act
has been committed
relating to a register or record; and
(b) a person— (i)
is able to
give information about
the error, omission or
offence; or (ii) holds a document
relating to the error, omission or offence.
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Chapter 5 Monitoring and enforcing the local
government related laws [s 146] (2)
The chief executive
officer or,
if directed by
the chief executive
officer, an authorised person may require the person
to
give the information or produce the document. (3)
When
making the requirement, the chief executive officer or
authorised person must warn the person it is
an offence to fail to comply with
the requirement unless
the person has
a reasonable excuse. (4)
The person must
comply with
the requirement unless
the person has a reasonable excuse.
Maximum penalty—40 penalty units.
(5) If the
person is
an individual, it
is a reasonable excuse
for failing to
comply with
the requirement that
giving the
information or
producing the
document might
tend to
incriminate the person. (6)
It
is a defence in a prosecution under subsection (4) that the
information or document sought by the chief
executive officer or authorised person is not relevant to the
error, omission or offence. (7)
If the person
produces the
document to
the chief executive
officer or authorised person, the chief
executive or authorised person— (a)
may keep the
document to
take an
extract from
it or make a copy of
it; and (b) must return
the document to
the person as
soon as
practicable after taking the extract or
making the copy. 146 Referral to department
(1) This section applies if, because of
inquiries made under this division, the chief executive officer
concludes on reasonable grounds that an offence has been
committed under this Act relating to a register or
record. (2) The chief
executive officer
must report
the chief executive
officer’s conclusion, including the reasons
for the conclusion, to the department’s chief executive.
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local government related laws [s 147]
(3) Subsection (2) does
not limit any
duty the
chief executive
officer may
have under
the Crime and
Corruption Act
to notify the CCC of any complaint,
information or matter that the chief executive officer suspects
involves, or may involve, corrupt conduct under that Act.
147 Chief executive officer not subject to
direction The chief executive officer is not subject
to direction by the mayor in acting under this division.
Part
4 Offences 148
Obstructing enforcement of this Act or local
laws etc. (1) A person
must not
obstruct an
official in
the exercise of
a power under this Act or a local law,
unless the person has a reasonable excuse. Maximum
penalty—50 penalty units. (2) An
official is any of the
following persons— (a) the Minister; (b)
the
department’s chief executive; (c)
an
authorised officer; (d) an investigator; (e)
the
mayor; (f) the chief executive officer;
(g) an authorised person.
(3) A person must not obstruct a council
worker in the exercise of a power under chapter 5, part 2,
division 2, unless the person has a reasonable
excuse. Maximum penalty—50 penalty units.
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Chapter 5 Monitoring and enforcing the local
government related laws [s 149] Notes—
1 Council workers
are only those
employees and
agents of
the council who are authorised to act
under chapter 5, part 2, division 2.
2 In particular circumstances a council
worker may enter a property and carry out
work or obtain materials in compliance with chapter
5,
part 2, division 2. (4) If a person has obstructed an official
or council worker and the official or worker decides to proceed
with the exercise of the power, the official or worker must
warn the person that— (a) it is an offence
to obstruct the official or worker, unless the person has a
reasonable excuse; and (b) the official or
worker considers the person’s conduct an obstruction. (5)
A person must
not pull down,
damage, deface
or destroy a
board or anything else that is displaying a
local law, order, notice or other matter authorised by the
council. Maximum penalty for subsection (5)—35
penalty units. 149 Impersonating an authorised
person A person must not pretend to be an
authorised person. Maximum penalty—50 penalty units.
150 Duty to make documents
available A person who has charge of a document owned
or held by the council must
not obstruct the
viewing or
copying of
the document by
another person
who is authorised to
view or
copy
the document under this Act. Examples—
• preventing a
councillor from
copying a
council record
under section
172 • preventing the public from viewing a
record under section 183A(2) Maximum
penalty—10 penalty units. Page 116 Current as at
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Chapter 6 City of Brisbane
Act 2010 Chapter 6 Administration [s 151]
Administration Not
authorised —indicative only
Part
1 Introduction 151
What
this chapter is about (1) This chapter
contains provisions about— (a) persons
who are elected
or appointed to
perform responsibilities
under this Act; and (b) bodies that perform responsibilities
under this Act. (2) For example, this chapter contains
provisions about— (a) qualifications for election or
appointment; and (b) acting appointments; and
(c) conditions of appointment; and
(d) ending appointments.
Part
2 Councillors Division 1
Qualifications of councillors
152 Qualifications of councillors
A
person is qualified to be a councillor of the council only
if the person— (a)
is
an adult Australian citizen; and (b)
resides in Brisbane; and (c)
is,
under the Electoral Act, enrolled on an electoral roll
for
an electoral district in Brisbane; and (d)
is
not disqualified from being a councillor because of a
section in this division.
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[s
153] Note— See the
Local Government Electoral Act 2011
,
section 26 about who may be nominated as a candidate, or for
appointment, as a councillor. Not
authorised —indicative
only 153 Disqualification
for certain offences (1) A person can not
be a councillor— (a) after the person is convicted of a
treason offence, unless the person is pardoned for the treason
offence; or (b) for 10 years after the person is
convicted of an electoral offence; or (c)
for 7 years
after the
person is
convicted of
a bribery offence;
or (d) for 4 years after the person is
convicted of an integrity offence. (2)
A treason offence
is an offence
of treason, sedition
or sabotage under
the law of
Queensland, another
State or
the Commonwealth. (3)
An electoral offence is—
(a) a disqualifying electoral
offence under
the Electoral Act; or
(b) an offence
that would
be a disqualifying electoral
offence had
the conviction been
recorded after
the commencement of
the Electoral and
Other Acts
Amendment Act 2002 .
(4) A bribery
offence is an offence against— (a)
section 98C of the Criminal Code; or
(b) a corresponding law
of another State
or the Commonwealth. (5)
An integrity offence is an offence
against— (a) section 173, 173A(2)
or (3), 177C(2),
177E(2) or
(5), 177H, 177I(2) or
(3) or 215; or Page 118 Current as at
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[s
154] (b) section 173B(2), if the person is
convicted of an offence to which paragraph (a) of the penalty
applies; or (c) section 98B, 98E or 98G(a) or (b) of
the Criminal Code. (6) A person
automatically stops
being a
councillor when
the person is convicted of—
(a) a treason offence; or
(b) an electoral offence; or
(c) a bribery offence; or
(d) an integrity offence.
(7) A person is taken to have been
convicted of an offence— (a) if the person
appeals the conviction—when the appeal is dismissed,
struck out or discontinued; or (b)
if
the person does not appeal the conviction—at the end
of the time
within which
an appeal must
by law be
started. 154
Disqualification of prisoners
(1) A person
can not be
a councillor while
the person is
a prisoner. (2)
A prisoner is a person
who— (a) is serving a period of imprisonment;
or (b) is liable to serve a period of
imprisonment, even though the person
has been released
from imprisonment (on
parole or leave of absence, for example);
or (c) would be serving a term of
imprisonment had the term of imprisonment not been suspended
under the Penalties and Sentences
Act 1992 , section 144. (3)
A person automatically stops
being a
councillor when
the person becomes a prisoner.
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155 Disqualification because of other high
office (1) A person
can not be
a councillor while
the person is
a government member. (2)
A government member is—
(a) a member of a Parliament of the
Commonwealth or a State (including Queensland); or
(b) a councillor of a local government of
another State. (3) A person
automatically stops
being a
councillor when
the person becomes a government
member. 156 Disqualification during
bankruptcy (1) A person
can not be
a councillor while
the person is
a bankrupt. (2)
A
person is a bankrupt if, under a
bankruptcy law— (a) the person is an undischarged
bankrupt; or (b) the person has executed a deed of
arrangement, and the terms of the deed have not been fully
complied with; or (c) the person’s creditors have accepted a
composition, and a final payment
has not been
made under
the composition. (3)
A bankruptcy law is—
(a) the Bankruptcy Act
1966 (Cwlth); or (b)
a
corresponding law of another jurisdiction, including a
jurisdiction outside Australia.
(4) A person
automatically stops
being a
councillor when
the person becomes a bankrupt.
157 Judicial review of
qualifications (1) Any person who is entitled to vote in
a council election may apply for
a judicial review
of the eligibility, or
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[s
158] eligibility, of a person to be a councillor
on the basis that the person is disqualified under this
division. (2) This section does not limit the
Judicial Review Act. 158 Acting as councillor without
authority A person must
not act as
a councillor if
the person knows
that— (a)
the
person is not qualified to be a councillor; or (b)
the
person’s office as a councillor has been vacated.
Maximum penalty—85 penalty units.
Division 2 Councillor’s
term of office 159 When a councillor’s term starts
A
councillor’s term starts on— (a)
if
the councillor is elected—the day after the conclusion
of
the councillor’s election; or (b)
if the councillor is
appointed—the day
on which the
councillor is appointed. 160
When
a councillor’s term ends A councillor’s term ends—
(a) if the councillor is elected at
quadrennial elections for the council or at a fresh election—at
the conclusion of the next quadrennial elections; or
(b) if the
councillor is
elected at
a fresh election
and a declaration is
also made
under a
regulation—at the
conclusion of
the quadrennial elections
after the
next quadrennial
elections; or Current as at [Not applicable]
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(c) if the councillor is elected or
appointed to fill a vacancy in
the office of
another councillor—at the
end of the
other councillor’s term; or
(d) when the councillor’s office becomes
otherwise vacant. Note— See section 162
for an explanation of when this happens. 160A
Compulsory leave without pay
A
councillor must take leave without pay for the duration of
the
period for which the councillor is a candidate, within the
meaning of the Electoral Act, for election
as a member of the Legislative Assembly. Division 3
Vacancies in councillor’s office
161 What this division is about
(1) This division
is about when
a councillor’s office
becomes vacant, and the
way in which the vacancy is to be filled. (2)
The
way in which a vacancy is to be filled depends on—
(a) whether the vacancy is in the office
of the mayor or of another councillor; and (b)
if the vacancy
is in the
office of another councillor— whether the
office becomes vacant during the beginning, middle or end of
the council’s term. (3) The beginning
of the council’s
term is
the period of
12 months that— (a)
starts on
the day when
the last quadrennial elections
were
held; and (b) ends on the day before the first
anniversary of the last quadrennial elections.
(4) The middle
of
the council’s term is the period of 24 months that—
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[s
162] (a) starts on
the first anniversary of
the last quadrennial elections;
and (b) ends on
the day before
the final part
of the council’s
term
starts. (5) The final
part of the council’s term is the period
that— (a) starts 36
months after
the last quadrennial elections
were
held; and (b) ends on the day before the next
quadrennial elections are held. 162
When
a councillor’s office becomes vacant A councillor’s
office becomes vacant if the councillor— (a)
ceases to be qualified to be a councillor
under division 1; or (b)
is found, on
a judicial review,
to be ineligible to
continue to be a councillor; or
(c) does not comply with section 169;
or (d) is absent, without the council’s
leave, from 2 or more consecutive ordinary
meetings of
the council over
at least 2 months; or (e)
resigns as a councillor by signed notice of
resignation given to the chief executive officer;
or (f) dies; or (g)
becomes a council employee.
163 When a vacancy in an office must be
filled (1) This section
explains when
a vacant office
of a councillor (including the
mayor) must be filled. (2) If
a councillor’s office
(other than
the mayor’s office)
becomes vacant
12 months or
more before
quadrennial elections
are required to
be held, the
council must
fill the
vacant office. Current as at
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Chapter 6 Administration [s 164]
(3) If the
mayor’s office
becomes vacant
before quadrennial elections
are required to
be held, the
council must
fill the
vacant office. (4)
The
council must fill the vacant office within 2 months after
the
office becomes vacant. (5) If the council
does not do so, the Governor in Council may appoint a
qualified person to fill the vacant office. (6)
If a councillor’s office
(other than
the mayor’s office)
becomes vacant
within 3
months of
when quadrennial elections are
required to be held, the council may decide not to fill the
vacant office. 164 Filling a vacancy in the office of
mayor (1) This section applies if the council is
to fill a vacant office of a mayor.
(2) The vacant office must be filled
by— (a) if the mayor’s office becomes vacant
12 months or less before quadrennial elections are required to
be held— the council appointing, by resolution,
another councillor to the office; or (b)
otherwise—a by-election. 165
Acting mayor (1)
The
deputy mayor acts for the mayor during— (a)
the
absence or temporary incapacity of the mayor; or
(b) a vacancy in the office of
mayor. (2) If— (a)
the
office of mayor is vacant and the deputy mayor is
prevented, by
absence or
temporary incapacity, from
acting as the mayor; or Page 124
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[s
166] (b) the mayor
and deputy mayor
are both prevented, by
absence or
temporary incapacity, from
performing the
role
of mayor; or (c) the offices
of both the
mayor and
deputy mayor
are vacant; the council may,
by resolution, appoint an acting mayor from its
councillors. (3) The council
may, by
resolution, declare
that the
office of
deputy mayor is vacant. (4)
The resolution may
be passed only
if written notice
of the resolution has
been given to the councillors at least 14 days before the
meeting. (5) If the
council declares
that the
office of
deputy mayor
is vacant, it
must immediately appoint
another deputy
mayor from its
councillors. 166 Filling a vacancy in the office of
another councillor (1) This section applies if the council is
to fill a vacant office of a councillor
(the former councillor ) who is not the
mayor. (2) If the office becomes vacant during
the beginning or middle of the council’s
term, the
vacant office
must be
filled by
a by-election. (3)
If the office
becomes vacant
during the
final part
of the council’s term,
the vacant office must be filled by the council appointing, by
resolution, a person who is— (a)
qualified to be a councillor; and
(b) if the
former councillor was
elected or
appointed to
office as
a political party’s
nominee—the political
party’s nominee. (4)
If the person
who is to
be appointed is
to be the
political party’s nominee,
the chief executive officer must request the political
party to
advise the
full name
and address of
its nominee. Current as at
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Chapter 6 Administration [s 167]
(5) The request
must be
made by
a written notice
given to
the political party’s
registered officer,
within 14
days after
the office becomes vacant.
(6) If the person who is to be appointed
need not be a political party’s nominee, the chief executive
officer must, within 14 days after
the office becomes
vacant, invite
nominations from—
(a) any person
who is qualified
to be a
councillor, by
written notice published—
(i) in a
newspaper that
is circulating generally
in Brisbane; and (ii)
on
the council’s website; and (b) each person who
was a candidate for the office of the former
councillor at
the last quadrennial elections
for the council, by written notice.
(7) If the chief executive officer
receives any nominations from qualified
persons or
candidates, the
council must
fill the
vacant office
by appointing one
of those persons
or candidates. Division 4
Councillors with other jobs
167 Councillors and council jobs
If a
person becomes a councillor while the person is a council
employee, the person is taken to have
resigned as a council employee on the day before the person
becomes a councillor. Division 5 Obligations of
councillors 169 Obligations of councillors before
acting in office (1) A councillor must not act in office
until the councillor makes the declaration of office.
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[s
170] (2) The declaration of
office is a declaration prescribed under a
regulation. (3)
The chief executive
officer is
authorised to
take the
declaration of office. (4)
The
chief executive officer must keep a record of the taking of
the
declaration of office. (5) A
person ceases
to be a
councillor if
the person does
not comply with subsection (1)
within— (a) 1 month after being appointed or
elected; or (b) a longer period allowed by the
Minister. 170 Giving directions to council
staff (1) The mayor may give a direction to the
chief executive officer or senior contract employees.
(2) No councillor, including the mayor,
may give a direction to any other council employee.
171 Requests for assistance or
information (1) A councillor may ask a council
employee to provide advice to assist
the councillor to
carry out
his or her
responsibilities under this
Act. (2) A councillor may,
subject to
any limits prescribed under
a regulation, ask
the chief executive
officer to
provide information that
the council has access to. Example of a limit prescribed under a
regulation— A regulation may
prescribe the
maximum cost
to the council
of providing information to a
councillor. (3) Subsection (2) does not apply to
information— (a) that is a record of the BCC councillor
conduct review panel; or (b)
if
disclosure of the information to the councillor would
be
contrary to an order of a court or tribunal; or Current as at
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Chapter 6 Administration [s 172]
(c) that would
be privileged from
production in
a legal proceeding on
the ground of legal professional privilege. (4)
A
request of a councillor under subsection (1) or (2) is of no
effect if the request— (a)
relates to any ward other than the ward the
councillor represents; and (b)
does not
comply with
the acceptable requests
guidelines. (5)
Subsection (4) does not apply to—
(a) the mayor; or (b)
the
chairperson of the council if the request relates to the
role
of the chairperson; or (c) the
chairperson of
a committee of
the council if
the request relates to the role of the
chairperson. (6) In this
section a
council employee
includes a
person prescribed under
a regulation. (7) The chief
executive officer
must make
all reasonable endeavours to
comply with a request under subsection (2). Maximum penalty
for subsection (7)—10 penalty units. 172
Inspection of particular records by
councillors (1) A councillor may view and make a copy
of, or take an extract from, council records.
Note— The
Right to
Information Act
2009 also
provides for
access to
information. (2)
Council records include
documents created by or kept by the council about
its operations, whether or not the records must be available to
be viewed by the public. (3) Subsection (1)
does not apply to any of the following— (a)
a
record of the BCC councillor conduct review panel;
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[s
173] (b) a record that would be privileged from
production in a legal proceeding on
the ground of
legal professional privilege; (c)
for a councillor who
is not a
member of
a statutory committee
of the council—a
record of
the statutory committee of the
council; (d) another record if— (i)
disclosure of
the record would
be contrary to
an order of a court or tribunal;
or (ii) release of the
record could endanger the security of assets of the
council or the public. 173 Use of
information by councillors (1) A
person who
is, or has
been, a
councillor must
not use information that
was acquired as a councillor to— (a)
gain, directly or indirectly, a financial
advantage for the person or someone else; or
(b) cause detriment to the council.
Maximum penalty—100 penalty
units or
2 years imprisonment. (2)
Subsection (1) does not apply to information
that is lawfully available to the public. (3)
A
councillor must not release information that the councillor
knows, or
ought reasonably to
know, is
information that
is confidential to the council.
Note— A contravention
of this subsection is misconduct that may be dealt with
by
the BCC councillor conduct review panel. 173A
Prohibited conduct by councillor in
possession of inside information (1)
This
section applies to a person (the insider
)
who is, or has been, a councillor if the insider—
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(a) acquired inside information as a
councillor; and (b) knows, or
ought reasonably to
know, that
the inside information is
not generally available to the public. (2)
The
insider must not cause the purchase or sale of an asset if
knowledge of
the inside information would
be likely to
influence a reasonable person in deciding
whether or not to buy or sell the asset. Maximum
penalty—1,000 penalty
units or
2 years imprisonment. (3)
The insider must
not cause the
inside information to
be provided to
another person
the insider knows,
or ought reasonably to
know, may
use the information in
deciding whether or not
to buy or sell an asset. Maximum penalty—1,000 penalty
units or
2 years imprisonment. (4)
In
this section— cause , in relation to
an action, includes the following— (a)
carry out the action; (b)
instigate the action; (c)
direct, or
otherwise influence, another
person to
carry out or instigate
the action. corporate entity
means a
corporation that
is owned by
the council. inside
information ,
in relation to
the council, means
information about any of the
following— (a) the operations or finances of the
council (including any business activity of the council) or
any of its corporate entities; (b)
a proposed policy
of the council
(including proposed
changes to an existing policy);
(c) a contract entered into, or proposed
to be entered into, by the council or any of its corporate
entities; Page 130 Current as at
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[s
173B] (d) a tender process being conducted by or
for the council or any of its corporate entities;
(e) a decision, or proposed decision, of
the council or any of its committees; (f)
the exercise of
a power, under
a local government related
law, by
the council, a
councillor or
a council employee;
(g) the exercise of a power, under an Act,
by the State, a Minister, a statutory body or an employee of
the State or statutory body,
that affects
the council, any
of its corporate
entities or
land or
infrastructure within
Brisbane; (h)
any
legal or financial advice created for the council, any
of
its committees or any of its corporate entities.
173B Obligation of councillor to correct
register of interests (1) This section
applies if— (a) a councillor has an interest that must
be recorded in a register of interests under a regulation in
relation to the councillor or a person who is related to the
councillor; or (b) there is a
change to an interest recorded in a register of interests under
a regulation in relation to a councillor or a person who is
related to a councillor. Note— See the
City
of Brisbane Regulation 2012 , chapter 8,
part 5. (2) The councillor must, in the approved
form, inform the chief executive officer of the particulars
of the interest or the change to the interest
within 30 days after the interest arises or the change
happens. Maximum penalty— (a)
if the councillor fails
to comply with
subsection (2) intentionally—100 penalty units; or
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(b) otherwise—85 penalty units.
Note— Under section
153(5), an offence against subsection (2) is an integrity
offence if a person is convicted of an
offence to which paragraph (a) of the penalty
applies. (3) For subsection (1), a person is
related to a councillor
if— (a) the person is the councillor’s spouse;
or (b) the person
is totally or
substantially dependent
on the councillor
and— (i) the person is the councillor’s child;
or (ii) the person’s
affairs are so closely connected with the affairs of
the councillor that a benefit derived by the person,
or a substantial part of it, could pass to the
councillor. 177 Post-election meetings
(1) The council must hold a meeting within
14 days after— (a) the conclusion of each quadrennial
election; and (b) the conclusion of a fresh election of
its councillors. (2) The council must, by resolution,
appoint a deputy mayor from its councillors
(other than the mayor)— (a) at that meeting;
and (b) at the first meeting after the office
of the councillor who is the deputy mayor becomes
vacant. Division 5A Dealing with
councillors’ personal interests in council matters
177A Purpose of division
The
purpose of this division is to ensure the personal interests
of councillors are
dealt with
in an accountable and
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[s
177B] transparent way
that meets
community expectations, if
the interests relate to matters to be
considered— (a) at a meeting of the council or any of
its committees; or (b) by a
council employee
or contractor of
the council authorised to
deal with the matter. Not authorised
—indicative only
177B Meaning of material personal
interest (1) A councillor has
a material personal interest
in a matter
if any of the following stand to gain a
benefit, or suffer a loss, (either directly
or indirectly) depending
on the outcome
of consideration of the matter—
(a) the councillor; (b)
a
spouse of the councillor; (c) a parent, child
or sibling of the councillor; (d)
a
person who is in a partnership with the councillor;
(e) an employer,
other than
a government entity,
of the councillor; (f)
an
entity, other than a government entity, of which the
councillor is a member; (g)
another entity prescribed by
regulation. (2) However, a
councillor does
not have a
material personal
interest in the matter if the councillor, or
another person or entity mentioned in subsection (1), stands
to gain a benefit or suffer a loss that is no greater than
that of other persons in Brisbane. (3)
Subsection (1)(c) only applies to a
councillor if the councillor knows,
or ought reasonably to
know, that
the councillor’s parent,
child or
sibling stands
to gain a
benefit or
suffer a
loss. 177C
Councillor’s material personal interest at a
meeting (1) This section applies if—
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only (a) a matter is to
be discussed at a meeting of the council or any of its
committees; and (b) the matter is not an ordinary business
matter; and (c) a councillor has
a material personal
interest in
the matter. (2)
The
councillor must— (a) inform the meeting of the councillor’s
material personal interest in the matter, including the
following particulars about the interest—
(i) the name of the person or other entity
who stands to gain a benefit, or suffer a loss,
depending on the outcome of
the consideration of
the matter at
the meeting; (ii)
how
the person or other entity stands to gain the benefit or
suffer the loss; (iii) if the person or other entity who
stands to gain the benefit or suffer the loss is not the
councillor—the nature of
the councillor’s relationship to
the person or entity; and
(b) leave the
place at
which the
meeting is
being held,
including any
area set
aside for
the public, and
stay away from the
place while the matter is discussed and voted on.
Maximum penalty— (a)
if
the councillor votes on the matter with an intention to
gain a
benefit, or
avoid a
loss, for
the councillor or
another person or entity—200 penalty units
or 2 years imprisonment; or (b)
otherwise—85 penalty units.
(3) If a
majority of
the councillors at
a meeting of
the council inform
the meeting about
a material personal
interest in
a matter under
subsection (2)(a),
the council must
delegate deciding
the matter under
section 238,
unless deciding
the matter can not be delegated under that
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[s
177D] (4) A councillor does
not contravene subsection (2)
by participating in the meeting, or being
present while the matter is discussed and voted on, if the
councillor’s participation or presence—
(a) is for
the purpose of
delegating deciding
the matter under subsection
(3); or (b) is approved
under section
177F and
the councillor complies with
the conditions of the approval. 177D
Meaning of conflict of interest
(1) A conflict of
interest is a conflict that— (a)
is
between— (i) a councillor’s personal interests;
and (ii) the public
interest; and (b) might lead
to a decision
that is
contrary to
the public interest.
(2) However, a councillor does not have a
conflict of interest in a matter— (a)
merely because of— (i)
an
engagement with a community group, sporting club
or similar organisation undertaken by
the councillor in
the councillor’s capacity
as a councillor;
or (ii) membership of a
political party; or (iii) membership of a
community group, sporting club or similar
organisation if the councillor is not an office holder
for the group, club or organisation; or
(iv) the councillor’s
religious beliefs; or (v) the
councillor having
been a
student of
a particular school
or the councillor’s involvement with a school as
a parent of a student at the school; or
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(b) if the councillor has no greater
personal interest in the matter than that of other persons in
Brisbane. (3) Also, a
councillor who
is nominated by
the council to
be a member of a
board of a corporation or other association does
not have a
personal interest
in matters relating
to the corporation or
association merely because of the nomination or appointment
as a member. 177E Councillor’s conflict of interest at a
meeting (1) This section applies if—
(a) a matter is to be discussed at a
meeting of the council or any of its committees; and
(b) the matter is not an ordinary business
matter; and (c) a councillor at the meeting—
(i) has a
conflict of
interest in
the matter (a
real conflict of
interest ); or (ii)
could reasonably be
taken to
have a
conflict of
interest in
the matter (a
perceived conflict
of interest ).
(2) The councillor must inform the meeting
about the councillor’s personal interests
in the matter,
including the
following particulars
about the interests— (a) the nature of
the interests; (b) if the councillor’s personal interests
arise because of the councillor’s relationship with, or
receipt of a gift from, another person— (i)
the
name of the other person; and (ii)
the
nature of the relationship or value and date of receipt of the
gift; and (iii) the
nature of
the other person’s
interests in
the matter. Maximum
penalty—100 penalty
units or
1 year’s imprisonment. Page 136
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[s
177E] Not authorised —indicative only
(3) Subsection (4) applies if—
(a) the other
councillors who
are entitled to
vote at
the meeting are
informed about
a councillor’s personal
interests in
a matter by
the councillor or
another person;
and (b) the councillor has not voluntarily
left, and stayed away from, the
place where
the meeting is
being held
while the matter is
discussed and voted on. (4) Subject to
subsection (6), the other councillors must decide—
(a) whether the councillor has a real
conflict of interest or perceived conflict of interest in the
matter; and (b) if they
decide the
councillor has
a real conflict
of interest or perceived conflict of
interest in the matter— whether the councillor—
(i) must leave the place at which the
meeting is being held, including
any area set
aside for
the public, and stay away
from the place while the matter is discussed and
voted on; or (ii) may
participate in
the meeting in
relation to
the matter, including by voting on the
matter. (5) The councillor must comply with a
decision under subsection (4) that
the councillor must
leave and
stay away
from the
place. Maximum
penalty—100 penalty
units or
1 year’s imprisonment. (6)
If a majority
of the councillors at
a meeting of
the council inform
the meeting about
personal interests
in the matter
under subsection (2), the council must
delegate deciding the matter under section 238, unless
deciding the matter can not be delegated
under that section. (7) A councillor does
not contravene subsection (5)
by participating in the meeting, or being
present while the matter is discussed and voted on, if the
councillor’s participation or presence—
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(a) is for
the purpose of
delegating deciding
the matter under subsection
(6); or (b) is approved
under section
177F and
the councillor complies with
the conditions of the approval. (8)
In
this section— gift means
a gift that
is required, under
a regulation, to
be recorded in a register of
interests. 177F Minister’s approval for councillor to
participate or be present to decide matter (1)
The Minister may,
by signed notice
given to
a councillor, approve
the councillor participating in
a meeting, or
being present while a
matter is discussed and voted on, if— (a)
the
matter could not otherwise be decided at the meeting
because of— (i)
the
number of councillors subject to the obligation under section
177C(2)(b); or (ii) section 177E(6);
and (b) deciding the matter can not be
delegated under section 238. (2)
The Minister may
give the
approval subject
to conditions stated in the
notice. 177G Duty to report another councillor’s
material personal interest or conflict of interest at a
meeting (1) This section applies if—
(a) a matter is to be discussed at a
meeting of the council or any of its committees; and
(b) the matter is not an ordinary business
matter; and (c) a councillor at
the meeting believes,
or suspects, on
reasonable grounds
that another
councillor at
the meeting has a material personal
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[s
177H] interest or
perceived conflict
of interest in
the matter; and
(d) the other councillor has not informed
the meeting about the interest under section 177C(2) or
177E(2). (2) The councillor who has the belief or
suspicion must, as soon as practicable, inform
the person who
is presiding at
the meeting about— (a)
the
belief or suspicion; and (b) the
facts and
circumstances that
form the
basis of
the belief or suspicion.
Note— Contravention of
subsection (2)
is misconduct that
could result
in disciplinary action
being taken
against a
councillor. See
sections 178(3)(c) and
183. 177H Offence to take retaliatory
action A person must
not, because
a councillor complied
with section
177G(2)— (a) prejudice, or threaten to prejudice,
the safety or career of the councillor or another person;
or (b) intimidate or harass, or threaten to
intimidate or harass, the councillor or another person;
or (c) take any action that is, or is likely
to be, detrimental to the councillor or another
person. Maximum penalty—167 penalty
units or
2 years imprisonment. 177I
Offence for councillor with material
personal interest or conflict of interest to influence
others (1) This section
applies to
a councillor who
has a material
personal interest, real conflict of interest
or perceived conflict of interest in a matter, other than an
ordinary business matter. Current as at [Not applicable]
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Chapter 6 Administration [s 177J]
(2) The councillor must
not influence, or
attempt to
influence, another
councillor to vote on the matter in a particular way at
a
meeting of the council or any of its committees.
Maximum penalty—200 penalty
units or
2 years imprisonment. (3)
The
councillor must not influence, or attempt to influence, a
council employee
or a contractor of
the council who
is authorised to decide or otherwise deal
with the matter to do so in a particular way.
Maximum penalty—200 penalty
units or
2 years imprisonment. (4)
A councillor does
not commit an
offence against
subsection (2) or (3)
merely by participating in a meeting of the council
or
any of its committees about the matter, including by voting
on
the matter, if the participation is authorised under—
(a) a decision mentioned in section
177E(4)(b)(ii); or (b) an approval under section 177F.
177J Records about material personal
interests and conflicts of interests at meetings
(1) If section
177C applies
to a matter
to be discussed
at a meeting of the
council or any of its committees, the following information must
be recorded in
the minutes of
the meeting and on the
council’s website— (a) the name of the councillor who has a
material personal interest in the matter; (b)
the
material personal interest, including the particulars
mentioned in
section 177C(2)(a) as
described by
the councillor; (c)
whether the
councillor participated in
the meeting, or
was present during
the meeting, under
an approval under section
177F. (2) If section
177E applies
to a matter
to be discussed
at a meeting of the
council or any of its committees, the following Page 140
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of Brisbane Act 2010 Chapter 6 Administration
[s
178] must be
recorded in
the minutes of
the meeting and
on the council’s
website— (a) the name
of the councillor who
has a real
conflict of
interest or perceived conflict of interest
in the matter; (b) the councillor’s personal
interests in
the matter, including the
particulars mentioned in section 177E(2) as described by
the councillor; (c) the decisions
made under
section 177E(4)
and the reasons for the
decisions; (d) whether the
councillor participated in
the meeting, or
was present during
the meeting, under
an approval under section
177F; (e) if the
councillor voted
on the matter—how the
councillor voted on the matter;
(f) how the
majority of
councillors who
were entitled
to vote at the meeting voted on the
matter. Division 6 Conduct and
performance of councillors 178
What
this division is about (1) This
division is
about dealing
with complaints about
the conduct and performance of
councillors, to ensure— (a) appropriate standards
of conduct and
performance are
maintained; and (b)
a councillor who
engages in
inappropriate conduct
or misconduct is appropriately
disciplined. (2) However, this
division does
not apply to
the conduct of
councillors at a meeting of the council or
its committees, other than a
failure of
a councillor to
comply with
a direction to
leave a meeting of the council or its
committees made by the chairperson of the meeting.
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Note— The rules of
procedure deal with the conduct of participants at meetings
of
the council or its committees. (3)
Misconduct is conduct, or a
conspiracy or attempt to engage in conduct, of
or by a councillor— (a) that adversely affects, or could
adversely affect, (either directly or
indirectly) the
honest and
impartial performance of
the councillor’s responsibilities or
exercise of the councillor’s powers;
or (b) that is or involves—
(i) the performance of
the councillor’s responsibilities, or the exercise of the
councillor’s powers, in
a way that
is not honest
or is not
impartial; or (ii)
a
breach of the trust placed in the councillor; or
(iii) a misuse of
information or material acquired in or in
connection with
the performance of
the councillor’s responsibilities, whether
the misuse is for the benefit of the councillor or someone
else; or (iv) a
refusal by
the councillor to
comply with
a direction or order of the BCC
councillor conduct review panel about the councillor; or
(v) a failure
of the councillor to
comply with
a direction to
leave a
meeting of
the council or
its committees made
by the chairperson of
the meeting; or (c)
that
contravenes section 173(3) or 177G(2). (4)
Inappropriate conduct is conduct of or
by a councillor that is not appropriate conduct for a
representative of the council, but is not
misconduct. (5) It is
irrelevant whether
the conduct that
constitutes misconduct or
inappropriate conduct was engaged in— (a)
within Queensland or elsewhere; or
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[s
178A] (b) when the
councillor was
not exercising the
responsibilities of a councillor.
(6) The BCC councillor
conduct review panel is a body, created under this Act,
that is responsible for hearing and deciding a complaint
of misconduct or
inappropriate conduct
by a councillor. (7)
To
remove any doubt, it is declared that a councillor may be
dealt with for an act or omission that
constitutes misconduct under this
Act, and
also be
dealt with
for the same
act or omission—
(a) as the commission of an offence;
or (b) under the Crime and Corruption
Act. (8) A decision under this division by any
of the following persons is not subject to appeal—
(a) the BCC councillor conduct review
panel; (b) the department’s chief
executive; (c) the chief executive officer.
Note— See section 226
for more information. 178A Application to
former councillors (1) This division applies to a complaint
about the conduct of a person who is no longer a councillor
if— (a) the person was a councillor when the
relevant conduct is alleged to have happened; and
(b) the complaint
is made within
2 years after
the person stopped being a
councillor. (2) However, an
entity dealing
with the
complaint under
this division may
decide to take no further action in relation to the
complaint, despite any contrary requirement
of this division, if the entity considers the decision is
in the public interest. Current as at [Not applicable]
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Chapter 6 Administration [s 179]
(3) An entity
that makes
a decision under
subsection (2) must
give the
entity that
made the
complaint, and
the accused person, a
written notice that states— (a)
no further action
will be
taken in
relation to
the complaint; and (b)
the
reasons for the decision. (4) For applying
this division to a complaint about a person who is no longer a
councillor, a reference to a councillor is taken to
be a
reference to the person. 179 Preliminary
assessments of complaints (1) This section
applies if any of the following make or receive a
complaint about the conduct or performance
of a councillor— (a) the council; (b)
the
department’s chief executive; (c)
the
chief executive officer. (2) If the chief
executive officer makes the complaint— (a)
the person who
receives the
complaint must
refer the
complaint to the department’s chief
executive; and (b) the department’s chief
executive must
conduct a
preliminary assessment of the
complaint. (3) If any other entity makes the
complaint— (a) the person
who receives the
complaint must
refer the
complaint to the chief executive officer;
and (b) the chief executive officer must
conduct a preliminary assessment of the complaint.
(4) A preliminary assessment is
an assessment of
a complaint about
the conduct or
performance of
a councillor to
decide whether the
complaint— (a) is about a frivolous matter or was
made vexatiously; or (b) is
about inappropriate conduct,
misconduct, corrupt
conduct under the Crime and Corruption Act
or another Page 144 Current as at
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of Brisbane Act 2010 Chapter 6 Administration
[s
180] matter (including a
general complaint
against the
council, for example); or
(c) is lacking in substance.
(5) This section
does not
apply to
a complaint about
corrupt conduct
referred to
the department’s chief
executive by
the CCC. (6)
A
complaint about the conduct of councillors at a meeting of
the
council or its committees is of no effect. 180
Action after preliminary assessments
(1) This section
applies if
the chief executive
officer or
the department’s chief
executive (each
a complaints assessor
) conducts a preliminary assessment of a
complaint about the conduct or performance of a
councillor. (2) The complaints assessor may decide no
further action need be taken in
relation to
the complaint if
the preliminary assessment
is— (a) that the
complaint is
about a
frivolous matter
or was made
vexatiously; or (b) that the complaint is lacking in
substance. (3) If the
preliminary assessment is
that the
complaint is
about misconduct or
inappropriate conduct, the complaints assessor must
refer the
complaint to
the BCC councillor conduct
review panel. (4)
If the preliminary assessment is
that the
complaint is
about corrupt
conduct under
the Crime and
Corruption Act,
the complaints assessor must deal with the
complaint under that Act. (5)
If the preliminary assessment is
that the
complaint is
about another
matter, the
complaints assessor
must deal
with the
complaint in an appropriate way.
(6) After acting
under subsection
(2) to (5), the
complaints assessor must
give the entity that made the complaint, and the
accused councillor, a written notice that
states— Current as at [Not applicable]
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(a) the type of complaint that the
assessor has assessed the complaint as; and (b)
the
action (if any) that is proposed to be taken in relation
to
the complaint; and (c) if the complaint was about a frivolous
matter, was made vexatiously or
was lacking in
substance—that it
is an offence
under subsection
(7) for a person
to make a
complaint that is substantially the same as
a complaint that the person has previously made.
(7) A person
must not
make a
complaint about
the conduct or
performance of a councillor if—
(a) the complaint is substantially the
same as a complaint that the person has previously made;
and (b) the complaints assessor
has given the
person a
notice that complies
with subsection (6). Maximum penalty for subsection (7)—10
penalty units. 180A Preliminary dealings with complaints
before hearing (1) This section
applies if
the chief executive
officer or
the department’s chief executive refers a
complaint to the BCC councillor conduct review
panel. (2) The BCC
councillor conduct
review panel
may, without
conducting a hearing of the complaint, order
the complaint, or a part of the complaint, be dismissed or
struck out if the panel considers the complaint or part
is— (a) frivolous, vexatious or misconceived;
or (b) lacking in substance; or
(c) otherwise an abuse of process.
(3) If the
BCC councillor conduct
review panel
acts under
subsection (2), the panel must give written
notice of the order to the chief
executive officer
or the department’s chief
executive, the accused councillor and the
entity that made the complaint. Page 146
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[s
181] (4) Subsection (5) applies if the
complainant is also a councillor. (5)
Before conducting a hearing of the
complaint— (a) the BCC councillor conduct review
panel must require the complainant to appear before the panel
to confirm the complaint; and (b)
the complainant must
comply with
the requirement made under
paragraph (a). (6) Despite section
178(3) and (4), a
failure of
a councillor to
comply with
a requirement under
subsection (5)(a) is
not misconduct or inappropriate
conduct. 181 Notifying councillor of the hearing of
a complaint (1) At least 7 days before the hearing of
a complaint by the BCC councillor conduct
review panel,
the panel must
give the
accused councillor a written notice about
the hearing. (2) The notice must state—
(a) the misconduct or inappropriate
conduct that is alleged to have been engaged in by the
councillor; and (b) the time and date when the hearing is
to begin; and (c) the place where the complaint is to be
heard. (3) If all reasonable attempts to give the
notice to the councillor have failed, the entity giving the
notice may— (a) publish the notice, at least 7 days
before the hearing is to begin— (i)
in a
newspaper that is circulating in Brisbane; and (ii)
on
the department’s website; or (b)
direct the council to publish the notice on
its website at least 7 days before the hearing is to
begin. Current as at [Not applicable]
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182 Hearing and deciding complaints
(1) This section is about the hearing of a
complaint of misconduct or inappropriate conduct
by the BCC
councillor conduct
review panel. (2)
The BCC councillor conduct
review panel
may hear complaints about
a number of councillors in the same hearing, unless
the defence of
any of the
councillors may
be prejudiced. (3)
The
hearing must be conducted in the way set out in chapter 7,
part
1. (4) The BCC councillor conduct review
panel may decide all or part of
the hearing from
the documents brought
before it,
without the parties or the witnesses
appearing, if— (a) the panel
considers it
appropriate in
all the circumstances;
or (b) the parties agree. (5)
The standard of
proof in
the hearing is
the balance of
probabilities. (6)
The
BCC councillor conduct review panel must keep a written
record of the hearing, in which it
records— (a) the statements of the councillor and
all witnesses; and (b) any reports relating to the councillor
that are tendered at the hearing. 183
Taking disciplinary action—BCC councillor
conduct review panel (1)
This section
applies if
the BCC councillor conduct
review panel
decides, after
hearing a
complaint, that
a councillor engaged in
misconduct or inappropriate conduct. (2)
The
BCC councillor conduct review panel may make any 1 or
more of
the following orders
or recommendations that
it considers appropriate in view of the
circumstances relating to the misconduct or inappropriate
conduct— Page 148 Current as at
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[s
183] (a) an order
that the
councillor be
counselled about
the misconduct or
inappropriate conduct,
and how not
to repeat the misconduct or inappropriate
conduct; (b) an order that the councillor make an
admission of error or an apology; (c)
an
order that the councillor participate in mediation with
another person; (d)
a
recommendation to the department’s chief executive to
monitor the
councillor or
the council for
compliance with the local
government related laws; (e) an order that
the councillor reimburse the council; (f)
a
recommendation to the Minister that the councillor be
suspended for a stated period;
(g) a recommendation to
the CCC or
the police commissioner that
the councillor’s conduct
be further investigated; (h)
an
order that the councillor pay to the council an amount
of
not more than the monetary value of 50 penalty units.
(3) A recommendation mentioned
in subsection (2)(f) may
include a recommendation about the details
of the suspension. (4) When deciding what disciplinary action
is appropriate in view of the
circumstances relating
to the misconduct or
inappropriate conduct,
the BCC councillor conduct
review panel may
consider— (a) any misconduct or
inappropriate conduct
of the councillor in
the past; and (b) any allegation made in the hearing
that was admitted or was not challenged.
(5) Subsection (6) applies if—
(a) the BCC councillor conduct review
panel decides, after hearing a
complaint, that
a councillor engaged
in inappropriate conduct (the
repeat conduct ); and
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Chapter 6 Administration [s 183A]
(b) the panel has decided twice in the
preceding year that the same councillor engaged in inappropriate
conduct. (6) When deciding
what disciplinary action
is appropriate, the
BCC councillor conduct
review panel
must consider
the repeat conduct to be
misconduct. (7) However, the
BCC councillor conduct
review panel
may consider an
allegation that
was not admitted,
or was challenged, only
if it is satisfied that the allegation is true. (8)
The
degree to which the BCC councillor conduct review panel
must be
satisfied depends
on the consequences, that
are adverse to the councillor, of finding
the allegation to be true. 183A Records about
complaints (1) The chief executive officer must keep
a record of— (a) all complaints received
by the chief
executive officer
under this division; and (b)
the outcome of
each complaint, including
any disciplinary action
or other action
that was
taken in
relation to the complaint.
(2) The chief executive officer must
ensure that the public may inspect the
part of
the record that
relates to
outcomes of
complaints— (a)
at
the council’s public office; or (b)
on
the council’s website. (3) However,
subsection (2) does
not apply to
the record of
a complaint that— (a)
the chief executive
officer or
the department’s chief
executive has assessed as being about a
frivolous matter, having been made vexatiously or lacking in
substance; or (b) is a public
interest disclosure within the meaning of the Public Interest
Disclosure Act 2010 . Page 150 Current as at
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[s
186] 186 Application of Crime and Corruption
Act (1) The council is a unit of public
administration for the Crime and Corruption
Act. (2) For any
complaint of,
or information or
matter involving, corrupt
conduct under
the Crime and
Corruption Act
by a councillor, a
reference to a public official in the Crime and Corruption Act,
section 46(2), is taken to be a reference to— (a)
the
department’s chief executive; or (b)
the
chief executive officer. Division 7 Conduct in
meetings of the council 186A Conduct in
meetings of the council or its committees (1)
This section
applies to
the chairperson of
the council or
a committee chairperson in
addition to
any powers they
may have under the council’s rules of
procedure. (2) If disorderly conduct happens in a
meeting of the council or its committees, the chairperson of the
meeting may make any 1 or
more of
the following orders
that the
chairperson considers
appropriate in the circumstances— (a)
an order that
the councillor’s conduct
be noted in
the minutes of the meeting;
(b) an order
that the
councillor leave
the place where
the meeting is being held (including any
area set aside for the public), and stay out of the place for
the rest of the meeting; (c)
if the councillor fails
to comply with
an order under
paragraph (b)
to leave a
place—an order
that the
councillor be removed from the place.
(3) Disorderly conduct
is conduct of
a councillor that
contravenes the council’s rules of
procedure. (4) The rules
of procedure are,
under a
local law,
the rules decided
by council for
the conduct of
the participants at
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Chapter 6 Administration [s 187]
meetings of
the council or
its committees (including rules
about challenging decisions
of the chairperson relating
to observing or enforcing the rules, for
example). (5) A decision
under this
section by
either of
the following persons is not
subject to appeal other than under the council’s
rules of procedure— (a)
the
chairperson of the council; (b)
a
committee chairperson. Note— See section 226
for more information. Part 3 BCC councillor
conduct review panel 187
Appointing members of the BCC councillor
conduct review panel (1)
The
BCC councillor conduct review panel is constituted by at
least 3
members that
the council chooses
from a
pool of
members appointed, by resolution, by the
council. (2) A person is qualified to be a member
of the pool of members only if the person—
(a) has extensive
knowledge of,
and experience in,
1 or more of the
following— (i) local government; (ii)
community affairs; (iii)
investigations; (iv)
law; (v)
public administration; (vi)
public sector ethics; (vii) public
finance; or Page 152 Current as at
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of Brisbane Act 2010 Chapter 6 Administration
[s
187] (b) has the
other qualifications and
experience that
the council considers appropriate.
(3) However, a person is not qualified to
be a member of the pool of members if the person—
(a) is a councillor of a local government;
or (b) is a nominee for election as a
councillor; or (c) accepts an appointment as a
councillor; or (d) is an employee of the council;
or (e) is a contractor of the council;
or (f) is a consultant engaged by the
council; or (g) is a member of an Australian
Parliament; or (h) is a nominee for election as a member
of an Australian Parliament; or (i)
is a
member of a political party; or (j)
has
a conviction for an indictable offence that is not an
expired conviction; or (k)
is
an insolvent under administration (within the meaning
of
the Corporations Act, section 9); or (l)
is a
type of person prescribed under a regulation. (4)
A
member may be appointed for a term of not longer than 4
years. (5)
However, a member may be reappointed.
(6) A person stops being a member if the
person— (a) completes a term of office but is not
reappointed; or (b) resigns by
signed notice
of resignation given
to the council;
or (c) is removed as a member by the council
for misbehaviour or physical or mental incapacity; or
(d) is not qualified to be a member under
subsection (3). Current as at [Not applicable]
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153
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Chapter 6 Administration [s 188]
188 Remuneration and appointment
conditions of members (1) A
member of
the BCC councillor conduct
review panel
is entitled to be paid the remuneration
and allowances decided by the council. (2)
A
member of the BCC councillor conduct review panel holds
office on the other conditions that the
council decides. 189 Conflict of interests
(1) This section
applies if
a member of
the BCC councillor conduct review
panel has any interest that may conflict with a fair
and impartial hearing
of a complaint
made against
an accused councillor.
(2) The member must not take part, or take
further part, in any consideration of the matter.
Maximum penalty—35 penalty units.
(3) As soon as practicable after the
member becomes aware that this section applies to the member,
the member must inform the council. Maximum penalty
for subsection (3)—35 penalty units. Part 4
Council employees Division 1
Chief executive officer 190
Appointing a chief executive officer
(1) The council
must appoint
a qualified person
to be the
council’s chief executive officer.
(2) A person is qualified to be the chief
executive officer if the person has the ability, experience,
knowledge and skills that the council
considers appropriate, having
regard to
the responsibilities of a chief executive
officer. Page 154 Current as at
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of Brisbane Act 2010 Chapter 6 Administration
[s
191] (3) A person who is appointed as the chief
executive officer must enter into a written contract of
employment with the council. (4)
The
contract of employment must provide for— (a)
the chief executive
officer to
meet performance standards set by
the mayor; and (b) the chief executive officer’s
conditions of employment (including remuneration).
191 Appointing an acting chief executive
officer The Establishment and Coordination Committee
may appoint a qualified person
to act as
the chief executive
officer during—
(a) any vacancy, or all vacancies, in the
position; or (b) any period,
or all periods,
when the
chief executive
officer is
absent from
duty or
can not, for
another reason,
perform the
chief executive
officer’s responsibilities. Division 2
Other council employees 192
Appointing senior contract employees
(1) The council must appoint qualified
persons to be the council’s senior contract
employees. (2) A person is qualified to be a senior
contract employee if the person has the ability, experience,
knowledge and skills that the council
considers appropriate, having
regard to
the responsibilities of the senior
contract employee. (3) A person who is appointed as a senior
contract employee must enter into a written contract of
employment with the council. (4)
The
contract of employment must provide for— (a)
the senior contract
employee to
meet performance standards set by
the mayor; and Current as at [Not applicable]
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Chapter 6 Administration [s 193]
(b) the senior
contract employee’s conditions of
employment (including remuneration).
193 Appointing other council
employees (1) The council
must adopt,
by resolution, an
organisational structure
that is
appropriate to
the performance of
the council’s responsibilities.
(2) The council
may employ council
employees for
the performance of the council’s
responsibilities. (3) The chief
executive officer
must appoint
the council employees, other
than senior contract employees. (4)
A
council employee is employed on— (a)
the conditions contained
in any relevant
industrial instrument;
and (b) any other conditions that the council
decides. 194 Disciplinary action against council
employees (1) The chief
executive officer
may take disciplinary action
against a council employee.
(2) A regulation may prescribe—
(a) when disciplinary action may be taken
against a council employee; and (b)
the
types of disciplinary action that may be taken against
a
council employee. Division 3 Common
provisions 195 Concurrent employment of council
employees (1) This section
applies to
all council employees, including
the chief executive officer.
Page
156 Current as at [Not applicable]
City
of Brisbane Act 2010 Chapter 6 Administration
[s
196] (2) A council employee may be employed by
more than 1 local government at the same time, if each of the
local governments agree. Not
authorised —indicative only
196 Improper conduct by council
employees (1) This section
applies to
all council employees, including
the chief executive officer.
(2) A council
employee includes— (a)
a
contractor of the council; and (b)
a
type of person prescribed under a regulation. (3)
A
council employee must not ask for, or accept, a fee or other
benefit for doing something as a council
employee. Maximum penalty—100 penalty
units or
2 years imprisonment. (4)
However, subsection (3) does not apply
to— (a) remuneration paid by the council;
or (b) a benefit that has only a nominal
value. (5) A council employee must not unlawfully
destroy or damage property of the council. Maximum penalty
for subsection (5)—100 penalty units or 2 years
imprisonment. 197 Use of information by council
employees (1) This section
applies to
all council employees, including
the chief executive officer.
(2) A council
employee includes— (a)
a
contractor of the local government; and (b)
a
type of person prescribed under a regulation. (3)
A
person who is, or has been, a council employee must not
use
information acquired as a council employee to— Current as at
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Chapter 6 Administration [s 198]
(a) gain (directly or indirectly) an
advantage for the person or someone else; or
(b) cause detriment to the council.
Maximum penalty—100 penalty
units or
2 years imprisonment. (4)
Subsection (3) does not apply to information
that is lawfully available to the public. (5)
A
person who is, or has been, a council employee must not
release information that
the person knows,
or should reasonably know,
is information that— (a) is confidential
to the council; and (b) the council wishes to keep
confidential. Maximum penalty for subsection (5)—100
penalty units or 2 years imprisonment. 198
Annual report must detail
remuneration (1) The annual report of the council must
state— (a) the total of all remuneration packages
that are payable (in the year
to which the
annual report
relates) to
the senior management; and
(b) the number of employees in senior
management who are being paid each band of remuneration.
(2) The senior
management consists
of the chief
executive officer and all
senior executive employees. (3)
Each band of
remuneration is an increment of $100,000.
(4) To remove any doubt, it is declared
that nothing in this section requires
the exact salary
of any employee
in senior management to be
separately stated in the annual report. Page 158
Current as at [Not applicable]
Part
5 City of Brisbane Act 2010 Chapter 6
Administration [s 199] Authorised
persons Not authorised —indicative only
199 Appointing authorised persons
(1) The chief executive officer may
appoint a qualified person to be an authorised
person. (2) A person
is qualified to
be an authorised person
if the person—
(a) has the competencies—
(i) that the
chief executive
officer considers
are necessary to
perform the
responsibilities that
are required to be performed by the
authorised person; or (ii) prescribed under
a regulation; and (b) is either— (i)
an
employee of the council; or (ii)
another type
of person prescribed under
a regulation. (3)
The appointment of
an authorised person
must state
the provisions of
this Act
for which the
authorised person
is appointed. (4)
An authorised person’s
appointment is
subject to
the conditions stated in—
(a) the document that appoints the
authorised person; or (b) a
written notice
given to
the authorised person
by the chief executive
officer; or (c) a regulation. 200
End
of appointment of authorised persons (1)
A
person stops being an authorised person— (a)
at the end
of the term
of appointment stated
in the document that
appointed the authorised person; or Current as at
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Chapter 6 Administration [s 201]
(b) if the authorised person gives the
council a signed notice of resignation; or (c)
if it is
a condition of
the authorised person’s
appointment that
the authorised person
hold another
position at
the same time—if
the authorised person
stops holding the other position.
(2) If it is a condition of the authorised
person’s appointment that the authorised person hold another
position at the same time, a notice of
resignation acts as a notice of resignation for both
positions. (3)
This
section does not limit the ways in which an authorised
person’s appointment ends.
201 Identity card for authorised
persons (1) The chief executive officer must give
each authorised person an identity card. (2)
This
section does not stop a single identity card being issued
to a
person for this Act and for another purpose. (3)
A
person who stops being an authorised person must return
the
person’s identity card to the chief executive officer,
within 21 days after stopping being an authorised
person, unless the person has a reasonable excuse.
Maximum penalty for subsection (3)—10
penalty units. 202 Authorised persons must disclose
change in criminal history (1)
This
section applies if there is a change in the criminal history
of an authorised person
(including acquiring
a criminal history, for
example). (2) The authorised person must, as soon as
practicable after the change, disclose to the chief
executive officer the details of the change,
unless the person has a reasonable excuse. Maximum
penalty—100 penalty units. Page 160 Current as at
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of Brisbane Act 2010 Chapter 6 Administration
[s
203] 203 Chief executive officer may obtain
report from police commissioner (1)
The
chief executive officer may ask the police commissioner
to
give the chief executive officer the following information
about an authorised person—
(a) a written report about the person’s
criminal history; (b) a brief description of the
circumstances of a conviction mentioned in the
person’s criminal history. (2) The police
commissioner must comply with the request. (3)
However, the
duty imposed
on the police
commissioner applies only to
information in the commissioner’s possession or to which the
commissioner has access. 204 Use of criminal
history information (1) This section is about the use of
criminal history information. (2)
Criminal history
information is
information about
the criminal history
of an authorised person
obtained under
section 202 or 203. (3)
The department’s chief
executive may
make guidelines for
dealing with criminal history information to
ensure— (a) natural justice is afforded to the
authorised persons to whom the criminal history information
relates; and (b) only relevant criminal history
information is considered in assessing
the suitability of
an authorised person
to exercise a power under a local
government related law; and (c)
decisions based
on criminal history
information are
made
consistently. (4) The chief executive officer must
comply with the guidelines. (5)
A person who
has, or
will have,
a duty to
disclose under
section 202 may
request a
copy of
the guidelines from
the department. Current as at
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City
of Brisbane Act 2010 Chapter 7 Other provisions
[s
205] (6) The chief
executive officer
must not
use criminal history
information for
any purpose other
than for
assessing the
suitability of an authorised person to
exercise a power under a local government related law.
Maximum penalty for subsection (6)—100
penalty units. Not authorised —indicative
only Chapter 7 Other
provisions Part 1 Way to hold a
hearing 205 What this part is about
(1) This part sets out the way to hold a
hearing under this Act. (2) The
person or
other entity
that is
conducting the
hearing is
called the investigator in this
part. 206 Procedures at hearing
(1) When conducting a hearing, the
investigator must— (a) observe natural justice; but
(b) act as quickly and informally as is
consistent with a fair and proper
consideration of
the issues raised
in the hearing.
(2) For example, the investigator
may— (a) act in
the absence of
a person who
has been given
reasonable notice of the hearing; or
(b) receive evidence by statutory
declaration; or (c) refuse to
allow a
person to
be represented by
a legal practitioner;
or (d) disregard the rules of evidence;
or Page 162 Current as at
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of Brisbane Act 2010 Chapter 7 Other provisions
[s
207] (e) disregard any defect, error, omission
or insufficiency in a document; or (f)
allow a document to be amended; or
(g) adjourn a hearing. (3)
However, the investigator must comply with
any procedural rules prescribed under a regulation.
(4) A hearing is not affected by a change
of the members of an entity that is the
investigator. 207 Witnesses at hearings
(1) The investigator may
require a
person, by
giving them
a written notice, to attend a hearing as
a witness in order to— (a) give evidence;
or (b) produce specified documents.
(2) The person must— (a)
attend at the time and place specified in
the notice; and (b) continue to attend until excused by
the investigator; and (c) take an oath or
make an affirmation if required by the investigator;
and (d) answer a question that the person is
required to answer by the investigator, unless the person has a
reasonable excuse; and (e)
produce a
document that
the person is
required to
produce by
the investigator, unless
the person has
a reasonable excuse. Maximum
penalty—35 penalty units. (3) A
person has
a reasonable excuse
for failing to
answer a
question or produce a document if answering
the question or producing the document might tend to
incriminate the person. (4) A person who
attends as a witness is entitled to— Current as at
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Chapter 7 Other provisions [s 208]
(a) the witness fees that are prescribed
under a regulation; or (b) if no witness
fees are prescribed, the reasonable witness fees decided by
the investigator. 208 Contempt at hearing
A
person must not— (a) insult the investigator in a hearing;
or (b) deliberately interrupt a hearing;
or (c) take part in a disturbance in or near
a place where the investigator is conducting a hearing;
or (d) do anything
that would
be a contempt
of court if
the investigator were a court.
Maximum penalty—50 penalty units.
Part
2 Superannuation 209
What
this part is about This part is about superannuation for
certain persons who are connected to the council.
210 Super scheme for councillors
(1) The council may, for its
councillors— (a) establish and amend a superannuation
scheme; or (b) take part in a superannuation
scheme. (2) If it
does so,
the council may
pay an amount
from its
operating fund to the superannuation scheme
as a contribution for the councillors. Page 164
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of Brisbane Act 2010 Chapter 7 Other provisions
[s
211] (3) However, the
council must
not make contributions to
the superannuation scheme
for a person
who is no
longer a
councillor. (4)
A
councillor may enter into an arrangement with the council
under which— (a)
the
councillor agrees to forgo a percentage or amount of
the
remuneration that the councillor is entitled to as a
councillor; and (b)
the council agrees
to contribute the
percentage or
amount to the superannuation scheme for the
councillor. (5) A superannuation scheme
is a superannuation scheme
that complies with
the Commonwealth Super Act. 211 Superannuation
scheme for council employees and associated
persons (1) The council
may, for
council employees
and associated persons—
(a) establish and amend a superannuation
scheme; or (b) take part in a superannuation
scheme. (2) If it
does so,
the council may
pay an amount
from the
operating fund to the superannuation scheme
as a contribution for the council employees and associated
persons. (3) An associated
person is the spouse of a council employee,
or another person prescribed under a
regulation. (4) A superannuation scheme
is a superannuation scheme
that complies with
the Commonwealth Super Act. (5)
Despite section 5(2), the Local Government
Act applies to the following to
the extent that
that Act
applies to
the superannuation of an employee of a
local government— (a) the Brisbane City Council;
(b) an employee of Brisbane City
Council; (c) an associated person.
Current as at [Not applicable]
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165
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Chapter 7 Other provisions [s 212]
212 Super schemes to be audited by
auditor-general (1) This section applies to a
superannuation scheme established or
amended by
the council under
section 210(1)(a) or
211(1)(a). (2)
The
audit of the superannuation scheme that is required under
the Commonwealth Super
Act must be
carried out
by the auditor-general. Part 3
Allocating Commonwealth funding to
council 213 Allocating Commonwealth funding
(1) The grants
commission is
a body that
is created under
the Local Government Act
to perform the
responsibilities of
a Local Government Grants
Commission under
the Local Government
(Financial Assistance) Act. Note—
Under section
228(2) of the Local
Government Act,
the grants commission and
the Minister must comply with the Local Government
(Financial Assistance) Act.
(2) The Minister
must not
distribute to
the council an
amount equal to
notional GST if the council has not paid the notional
GST. (3)
Notional GST is an amount
that a local government may pay under the
GST
and Related Matters Act 2000 , section
5. (4) The Minister
must table
in the Legislative Assembly
the grants commission’s recommendations
about the allocation of funding to the council.
214 Decisions under this division are not
subject to appeal A decision of
the grants commission or
the Minister is
not subject to appeal. Page 166
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Note— See section 226
for more information. City of Brisbane Act 2010
Chapter 7 Other provisions
[s
215] Part 4 Legal
provisions 215 False or misleading information
(1) A person commits an offence if the
person gives information for this Act (either orally or in a
document), that the person knows is false or misleading in a
material particular, to any of the following
persons— (a) the Minister; (b)
the
department’s chief executive; (c)
the
chief executive officer; (d) an authorised
person; (e) the change commission;
(f) the BCC councillor conduct review
panel; (g) the grants commission.
Maximum penalty—100 penalty units.
(2) However, the person does not commit an
offence in relation to information in
a document if,
when the
person gives
the document to the other person—
(a) the person
tells the
other person
that the
document is
false or misleading, and in what respect the
document is false or misleading; and (b)
if
the person has, or can reasonably obtain, the correct
information—the person
gives the
other person
the correct information.
Current as at [Not applicable]
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167
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Chapter 7 Other provisions [s 216]
216 Administrators who act honestly and
without negligence are protected from liability
(1) A State
administrator or
council administrator is
not civilly liable for an
act done under this Act or the Local
Government Electoral Act 2011 , or omission
made under this Act, honestly and without
negligence. (2) A State
administrator is— (a) the Minister;
or (b) the department’s chief executive;
or (c) an authorised officer; or
(d) a member of the change commission;
or (e) a member of the grants commission;
or (f) a member of the BCC councillor conduct
review panel; or (g) a
person acting
under the
direction of
a person mentioned in
paragraph (a), (b) or (c). (3) A
council administrator is—
(a) a councillor; or (b)
the
chief executive officer; or (c)
an
authorised person; or (d) another council
employee. (4) If subsection
(1) prevents civil
liability attaching
to a State
administrator, liability attaches instead to
the State. (5) If subsection (1) prevents civil
liability attaching to a council administrator,
liability attaches instead to the council. (6)
The
protection given under this section is in addition to any
other protection given under another law or
Act (including the Public Interest Disclosure Act 2010
,
for example). Page 168 Current as at
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City
of Brisbane Act 2010 Chapter 7 Other provisions
[s
217] 217 Who is authorised to sign council
documents (1) The following persons may sign a
document on behalf of the council— (a)
the
head of the council; (b) a delegate of
the council; (c) a councillor or council employee who
is authorised by the head of the council, in writing, to sign
documents. Note— See section 238
for the council’s power to delegate. (2)
The head of the council
is— (a) the mayor;
or (b) if there
are no councillors for
any reason—the chief
executive officer. 218
Name
in proceedings by or against council (1)
Any
proceedings by the council must be started in the name of
the
council. (2) However, the
council may
start a
proceeding under
the Justices Act 1886 in the name of a
council employee who is a public officer within the meaning of
that Act. (3) Any proceedings against the council
must be started against the council in its name.
219 Service of documents on council
A
document is properly served on the council if it is given to
the
chief executive officer in a way that is authorised by law.
220 Substituted service
(1) If an owner of rateable land is known
to be absent from the State, the
council may
serve a
document on
the owner by
serving the document on the owner’s agent in
the State. Current as at [Not applicable]
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169
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Chapter 7 Other provisions [s 221]
(2) Subsection (3) applies if—
(a) the council
must serve
a document on
a person who
owns
or occupies a property; but (b)
the council does
not know, or
is uncertain about,
the person’s current address.
(3) The council may serve the document
by— (a) publishing a
notice that
contains a
summary of
the document in— (i)
a newspaper that
is circulating generally
throughout the State; and
(ii) the gazette;
and (b) publishing a notice that contains a
copy of the document on the council’s website.
(4) The notice must be addressed
to— (a) if the council knows the person’s
name—the person by name; or (b)
if the council
does not
know the
person’s name—the
‘owner’ or ‘occupier’ at the property’s
address. 221 Local government related laws
requiring a statement of a law A provision of a
local government related law, that requires a document
to contain a
statement of
a relevant provision
of law, is taken to be complied with if
the document states that particulars of the relevant provision
may be— (a) obtained, free of charge, on
application to the council; or (b)
viewed at an identified website.
222 Acting for council in legal
proceedings (1) In any
proceedings, the
chief executive
officer, or
another employee
authorised in writing by the council— Page 170
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of Brisbane Act 2010 Chapter 7 Other provisions
[s
223] (a) may give instructions and act as the
authorised agent for the council; and (b)
may
sign all documents for the council. (2)
The
council must pay the costs incurred by the chief executive
officer or other employee in any
proceedings. (3) If the Attorney-General could take
proceedings on behalf of the council
to ensure compliance with
a local government related law, the
council may take the proceeding in its own name.
223 Attempt to commit offence
A
person who attempts to commit an offence against this Act
commits an offence and, on conviction, is
liable to the same penalties as if the person had committed the
offence. 224 Types of offences under this
Act (1) An offence against this Act that has a
penalty of more than 2 years imprisonment, is
an indictable offence
that is
a misdemeanour. (2)
Any
other offence against this Act is a summary offence.
(3) A proceeding for an indictable offence
may be taken, at the prosecution’s election—
(a) by way of summary proceedings under
the Justices Act 1886
;
or (b) on indictment. (4)
A
magistrate must not hear an indictable offence summarily
if— (a) at
the start of
the hearing, the
defendant asks
that the
charge be prosecuted on indictment;
or (b) the magistrate considers
that the
charge should
be prosecuted on indictment.
(5) If subsection (4) applies—
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Chapter 7 Other provisions [s 225]
(a) the magistrate must proceed by way of
an examination of witnesses for an indictable offence;
and (b) a plea
of the person
charged at
the start of
the proceeding must be disregarded;
and (c) evidence brought
in the proceeding before
the magistrate decided to act under
subsection (4) is taken to be evidence in the proceeding for
the committal of the person for trial or sentence;
and (d) before committing the person for trial
or sentence, the magistrate must
make a
statement to
the person as
required by the Justices Act
1886 , section 104(2)(b). (6)
The
maximum penalty that may be summarily imposed for an
indictable offence
is 100 penalty
units or
1 year’s imprisonment. (7)
A proceeding must
be before a
magistrate if
it is a
proceeding— (a)
for
the summary conviction of a person on a charge for
an
indictable offence; or (b) for
an examination of
witnesses for
a charge for
an indictable offence.
(8) However, if a proceeding for an
indictable offence is brought before a justice
who is not a magistrate, jurisdiction is limited
to
taking or making a procedural action or order within the
meaning of the Justices of the
Peace and Commissioners for Declarations Act
1991 . 225 Time to start
proceedings in a summary way Proceedings for
an offence against
this Act
that are
to be heard in a
summary way under the Justices Act 1886 must be
started— (a)
within 1 year after the offence was
committed; or (b) within 6
months after
the offence comes
to the complainant’s
knowledge, but within 2 years after the offence was
committed. Page 172 Current as at
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of Brisbane Act 2010 Chapter 7 Other provisions
[s
226] 226 Decisions not subject to appeal
(1) If a provision of this Act declares a
decision to be not subject to appeal, that means the
decision— (a) can not
be appealed against,
challenged, reviewed,
quashed, set
aside, or
called into
question in
any way (including under
the Judicial Review Act, for example); and
(b) is not
subject to
any writ or
order of
a court on
any ground. Examples—
1 A person may not bring any proceedings
for an injunction to stop conduct that is authorised by the
decision. 2 A person may not bring any proceedings
for a declaration about the validity of
conduct that is authorised by the decision. (2)
A decision includes—
(a) conduct related to making the
decision; and (b) a failure to make a decision.
(3) A court
includes a tribunal or another similar
entity. 227 Judges and other office holders not
disqualified from adjudicating A judge,
magistrate, justice or presiding member of a tribunal
is not disqualified from
adjudicating in
any proceedings to
which the council is a party only because
the person is, or is liable to be, a ratepayer of the
council. 228 Where fines are to be paid to
(1) This section applies if, in
proceedings brought by the council for
an offence against
a local government related
law, the
court imposes a fine. (2)
The
fine must be paid to the council’s operating fund, unless
the
court ordered the fine to be paid to a person. Current as at
[Not applicable] Page 173
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only City of Brisbane Act 2010
Chapter 7 Other provisions [s 229]
229 Evidence of local laws
(1) In any
proceedings, a
certified copy
of a local
law or consolidated
version of a local law is evidence of the content
of
the local law or consolidated version of the local law.
(2) A certified
copy of a local law or consolidated version of
a local law
is a copy
that has
been certified
by the chief
executive officer to be the local law or
consolidated version as made by the council.
(3) In any proceedings, a copy of the
gazette that contains a notice of making a
local law is— (a) evidence of the content of the notice;
and (b) evidence that the local law has been
properly made. (4) In any proceedings, the competence of
the council to make a particular local law is presumed
unless the matter is raised. 230
Evidence of proceedings of council
(1) This section applies to a document
that— (a) purports to
be a copy
of an entry
in a record
of the proceedings
of— (i) the council; or (ii)
a
committee of the council; and (b)
purports to have been signed at the time
when the entry was made by— (i)
the
mayor; or (ii) the chairperson
of the council; or (iii) for
a committee of
the council—the committee
chairperson; and (c)
is certified by
the chief executive
officer to
be a true
copy
of the document. (2) The document is evidence—
(a) of the proceedings; and
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174 Current as at [Not applicable]
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of Brisbane Act 2010 Chapter 7 Other provisions
[s
231] (b) that the proceedings were properly
held. 231 Evidentiary value of copies
(1) This section applies to a copy of a
document that— (a) purports to be made under the
authority of the council or mayor;
and (b) purports to
be verified by
the mayor or
an employee who is
authorised by the council. (2) The copy of the
document is evidence in any proceedings as if the copy were
the original of the document. 232
Evidentiary value of certificates
(1) This section applies to a certificate
that— (a) purports to be about the state of, or
a fact in, a record of the council; and (b)
purports to be signed by the chief executive
officer. (2) The certificate is
evidence of
the matters contained
in the certificate. 233
Evidence of directions given to
council (1) This section applies to a document
that— (a) purports to
be a direction
that the
Minister, or
the department’s chief executive, gave to
the council under this Act; and (b)
purports to
be certified by
or for the
Minister, or
the department’s chief executive, to be a
true copy of the direction. (2)
The
document is evidence of— (a) the giving of
the direction; and (b) the matters contained in the
direction. Current as at [Not applicable]
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175
City
of Brisbane Act 2010 Chapter 7 Other provisions
[s
234] 234 Evidence of complainant’s knowledge of
matter In a complaint
starting proceedings, a
statement that
the matter of the complaint came to the
complainant’s knowledge on a stated day is evidence of the
matter. Not authorised —indicative
only 235 Constitution and
limits of council need not be proved It is not
necessary for the plaintiff in any proceedings started
by,
for or against the council to prove— (a)
the
council’s constitution; or (b) the boundaries
of Brisbane; or (c) the boundaries of a ward of
Brisbane. Part 5 Delegation of
powers 236 Delegation of Minister’s powers
(1) The Minister may delegate the
Minister’s powers under this Act to an
appropriately qualified person. (2)
However, the
Minister must
not delegate a
power under
section 42. 237
Delegation of department’s chief executive’s
powers The department’s chief
executive may
delegate the
chief executive’s powers
under this
Act, or
a local law,
to an appropriately
qualified person. 238 Delegation of council powers
(1) The council may, by resolution,
delegate a power under this Act or another
Act to— (a) the mayor; or (b)
the
chief executive officer; or Page 176
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of Brisbane Act 2010 Chapter 7 Other provisions
[s
239] (c) a standing committee or joint standing
committee; or (d) another local
government, for
the purposes of
a joint government
activity; or (e) the Establishment and Coordination
Committee. (2) However, the council must not delegate
a power that an Act states must be exercised by
resolution. (3) A joint
standing committee
is a committee
consisting of
councillors of the council and other local
governments. 239 Delegation of chief executive
officer’s powers (1) A chief
executive officer
may delegate the
chief executive
officer’s powers
to an appropriately qualified
employee or
contractor of the council.
(2) However, the
chief executive
officer must
not delegate the
following powers— (a)
a power delegated
by the council,
if the council
has directed the
chief executive
officer not
to further delegate the
power; (b) a power to keep a register of
interests. 240 Council delegations register
(1) The chief
executive officer
must establish
a register of
delegations that
contains the
particulars prescribed under
a regulation. (2)
The
chief executive officer must record all delegations by the
council, mayor or the chief executive
officer in the register of delegations. (3)
The
chief executive officer must ensure the public may view
the
register at the council’s public office or on the council’s
website. Current as at
[Not applicable] Page 177
City
of Brisbane Act 2010 Chapter 7 Other provisions
[s
241] Part 6 Other
provisions Not authorised —indicative
only 241 Public office of
the council (1) The council must keep premises for use
as a public office. (2) The public office must be in
Brisbane. 242 Powers in support of
responsibilities (1) This section applies if the council is
required or empowered to perform a responsibility under a local
government related law. (2) The council has
the power to do anything that is necessary or convenient for
performing the responsibilities. (3)
The powers include
all the powers
that an
individual may
exercise, including for example—
(a) power to enter into contracts;
and (b) power to
acquire, hold,
deal with
and dispose of
property; and (c)
power to
charge for
a service or
facility, other
than a
service or facility for which a
cost-recovery fee may be fixed. 243
Validity of council proceedings
The
proceedings of the council or any of its committees, or
the
actions of a person acting as a councillor or member of a
committee, are not invalid merely because
of— (a) vacancies in
the membership of
the council or
committee; or (b)
a
defect or irregularity in the election or appointment of
any
councillor or committee member; or (c)
the disqualification of
a councillor or
committee member
from acting
as a councillor or
committee member.
Page
178 Current as at [Not applicable]
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of Brisbane Act 2010 Chapter 7 Other provisions
[s
244] 244 Acceptable requests guidelines
(1) The acceptable
requests guidelines are guidelines about— (a)
the way in
which a
councillor may
ask a council
employee for advice to help the councillor
carry out his or her responsibilities under this Act;
and (b) when advice relates to the ward a
councillor represents; and (c)
the
reasonable limits on requests that a councillor may
make. (2)
The acceptable requests
guidelines are
made by
the Establishment and Coordination
Committee. 245 Insurance to cover councillors
(1) The council
may enter into
a contract of
insurance with
WorkCover Queensland, or
another insurer,
to cover its
councillors. (2)
For
that purpose, a councillor’s role includes attending—
(a) meetings of
the council or
its committees that
the councillor is entitled or asked to
attend; and (b) meetings for a resident of Brisbane;
and (c) conferences, deputations, inspections and
meetings at
which the
councillor’s attendance is
permitted by
the council; and (d)
official functions organised for the
council. 246 Special entertainment precincts
(1) This section
is about establishing a
special entertainment precinct in
Brisbane. (2) A special
entertainment precinct
is an area
in which noise
from
amplified music that is played at licensed premises in the
area
is regulated by a local law. Current as at
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Chapter 7 Other provisions [s 247]
(3) A licensed
premises is a licensed premises under the
Liquor Act 1992
. (4) The effect of
establishing a special entertainment precinct is
that— (a)
noise from amplified music played at
licensed premises in the precinct is regulated by a local law
instead of the Liquor Act 1992 ; and
(b) requirements imposed
under a
planning scheme
or development approval made or given
under the Planning Act about noise abatement apply in relation
to particular kinds of development in the precinct.
(5) To establish
a special entertainment precinct,
the council must—
(a) amend the
council’s planning
scheme to
identify the
special entertainment precinct; and
(b) make a local law to regulate noise
from amplified music from premises in the special
entertainment precinct, in accordance with a permit that is
issued for the premises. (6) However, a local
law under this section does not apply to— (a)
a
major sports facility under the Major Sports
Facilities Act 2001 ; or
(b) an activity that— (i)
is for a
major event
under the
Major Events
Act 2014 ; and
(ii) is being carried
on by, or with the approval of, the major event
organiser for the major event. 247
Land
registry searches free of charge (1)
This
section applies to any of the following persons—
(a) the chief executive officer;
(b) an employee
of the council
who is authorised by
the chief executive officer;
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180 Current as at [Not applicable]
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of Brisbane Act 2010 Chapter 7 Other provisions
[s
248] (c) a lawyer or other agent acting for the
council; (d) an employee
of a lawyer
or agent mentioned
in paragraph (c) who is authorised by the
lawyer or agent. (2) The person may conduct searches of
registers or documents about land in the land registry in
accordance with the practice of the registry
without payment of a fee. 248 Approved
forms The department’s chief executive may approve
forms for use under this Act. 250
Process for administrative action
complaints (1) The council must adopt a process for
resolving administrative action complaints. (2)
An administrative action complaint
is a
complaint that— (a) is about
an administrative action
of the council,
including the following, for example—
(i) a decision,
or a failure
to make a
decision, including a
failure to provide a written statement of reasons for a
decision; (ii) an act, or a
failure to do an act; (iii) the formulation
of a proposal or intention; (iv)
the
making of a recommendation; and (b)
is
made by an affected person. (3)
An affected person
is a person
who is apparently directly
affected by an administrative action of the
council. (4) A regulation may
provide for
the process for
resolving complaints about
administrative actions
of the council
by affected persons. Current as at
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Chapter 7 Other provisions [s 250A]
250A Advisory polls The council may,
in the way decided by the council, conduct a voluntary poll
of the electors in Brisbane or a part of Brisbane
on
any issue of concern to Brisbane or the part. 251
Information for the Minister
(1) The Minister
may, by
written notice,
require the
council to
give
the Minister information about— (a)
Brisbane; or (b)
the
council. (2) The council must comply with the
notice. 252 Regulation-making power
(1) The Governor
in Council may
make regulations under
this Act.
(2) For example, a regulation may be made
about— (a) the processes
of the council
in deciding the
remuneration that
is payable to
councillors (including the remuneration
schedule, for example); or (b) appeals against
decisions made under this Act; or (c)
a
register of interests of the following— (i)
councillors; (ii)
other persons
who are given
responsibilities to
perform under this Act; (iii)
persons who are related to a councillor or a
person mentioned in subparagraph (ii); or
(d) the recording
of conflicts of
interest arising
from the
performance of a responsibility under this
Act; or (e) the regulation and
management of
council assets
and infrastructure; or Page 182
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City
of Brisbane Act 2010 Chapter 8 Repeal, transitional, savings
and validation provisions [s 253] (f)
matters relating to a statutory committee of
the council; or (g) a process for
the scrutiny of the council’s budget; or (h)
meetings of the council or its committees;
or (i) the financial
sustainability and
accountability of
the council, including the systems of
financial management. Chapter 8 Repeal,
transitional, savings and validation provisions
Part
1 Repeals 253
Repeal The following
Acts are repealed— • Australian Estates
Company Limited,
Hastings Street,
New
Farm, Viaduct Authorization Act 1962 •
Brisbane City
Council Business
and Procedure Act
1939, 3 Geo 6 No. 30 •
City
of Brisbane Act 1924, 15 Geo 5 No. 32 •
Local Government (Chinatown and The Valley
Malls) Act 1984, No. 104 •
Local Government (Queen Street Mall) Act
1981, No. 104. Current as at
[Not applicable] Page 183
City
of Brisbane Act 2010 Chapter 8 Repeal, transitional, savings
and validation provisions [s 254] Part 2
Transitional and savings provisions for
Act No. 23 of 2010 Not authorised
—indicative only
254 What this part is about
This
part is about the transition from the following to this Act
(including the transition of rights,
liabilities and interests, for example)—
(a) the repealed City of Brisbane
Act; (b) the repealed Business and Procedure
Act; (c) the repealed Local Government
Act 1993 ; (d) a repealed mall
Act. 255 Brisbane City Council continued
The Brisbane City
Council under
the repealed City
of Brisbane Act continues in existence as
the council under this Act. 256
Local
laws (1) A local law that was—
(a) made by the council under the repealed
City of Brisbane Act, the
repealed Local
Government Act
1993 or
a repealed mall Act; and
(b) was in force immediately before the
commencement of this section; continues in
force as a local law made under this Act. (2)
A local law includes—
(a) an interim local law, model local law,
and subordinate local law; and (b)
a
by-law or ordinance. Page 184 Current as at
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of Brisbane Act 2010 Chapter 8 Repeal, transitional, savings
and validation provisions [s 257] (3)
Subsection (4) applies
if, before the
commencement, the
council started, but did not complete, the
relevant process for adopting a model local law or making
another local law. Note— Under the
repealed Local Government Act 1993
the
council started the process for
adopting a
model local
law by passing
a resolution to
propose to adopt the model local law and the
council started a process for making a local law (other than a
model local law) by passing a resolution to
propose to make the local law. (4)
The
council may proceed further in adopting or making the
local law
in accordance with
the relevant process
as if the
repealed Local Government
Act 1993 had not been repealed. (5)
The relevant process is the process
under the repealed Local Government Act
1993 ,
chapter 12,
part 2
that applied
to adopting a model local law or making
another local law. (6) A local law adopted or made under
subsection (4) is taken to be a local law validly made under this
Act. 257 Decisions under repealed Acts
(1) A decision
under the
following repealed
Acts, that
was in force
immediately before the commencement of this section,
continues in force as if the decision were
made under this Act, made at
the same time
as it was
made under
the repealed Act—
(a) the repealed City of Brisbane
Act; (b) the repealed Business and Procedure
Act; (c) the repealed Local Government
Act 1993 ; (d) a repealed mall
Act. (2) A decision
includes an
agreement, appointment, approval,
authorisation, certificate, charge,
consent, declaration, delegation, determination, direction, dismissal, exemption, immunity,
instruction, licence,
memorandum of
understanding, order,
permit, plan,
policy, protocol,
rates, release,
resolution, restriction, settlement, suspension and
warrant. Current as at
[Not applicable] Page 185
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only City of Brisbane Act 2010
Chapter 8 Repeal, transitional, savings and
validation provisions [s 258] 258
Established malls (1)
A
mall established under a repealed mall Act continues as a
mall
under this Act. (2) The council may do anything in
relation to a mall mentioned in
subsection (1) that
the council may
do under this
Act (including closing the mall, for
example). (3) On 1 July 2010, an advisory committee,
established under a repealed mall
Act, is
dissolved and
the members of
the advisory committee go out of
office. (4) No compensation is
payable to
a member because
of subsection (3). 259
Proceedings and evidence (1)
If, immediately before
the commencement of
this section,
proceedings for
an appeal, a
complaint or
an offence could
legally have been started under the repealed
City of Brisbane Act or a
repealed mall
Act the proceedings may
be started under this
Act. (2) Proceedings for an appeal, a complaint
or an offence under any of the Acts may be continued under that
Act, as if this Act had not commenced. (3)
Any
document that was given evidentiary effect under any of
the
Acts continues to have the evidentiary effect as if that Act
had
not been repealed. 260 Super trust deed A trust deed for
a superannuation scheme established by the Brisbane
City Council
under the
repealed City
of Brisbane Act, that was in
force immediately before the commencement of this section,
continues in force as a trust deed under this Act.
Page
186 Current as at [Not applicable]
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City
of Brisbane Act 2010 Chapter 8 Repeal, transitional, savings
and validation provisions [s 261] 261
Registers A register
maintained under the repealed City of Brisbane Act
continues as if it were made under this
Act. 262 References to repealed Acts
A
reference in an Act or
document to any of
the
following may, if the context permits, be taken to be
a reference to this Act— (a)
the
repealed City of Brisbane Act; (b)
the
repealed Business and Procedure Act; (c)
a
repealed mall Act. Part 4 Transitional
provision for Revenue and Other Legislation
Amendment Act 2011 266
Continued superannuation scheme for
council employees (1)
This
section applies to the superannuation scheme for council
employees continued
in existence under
section 211 of
this Act as in force
before the commencement of this section. (2)
On
the commencement of this section— (a)
the superannuation scheme
ceases to
continue in
existence under this Act; and
(b) the trust deed for the superannuation
scheme ceases to continue in force as a trust deed under this
Act. (3) If an audit of the superannuation
scheme is required under the Commonwealth Super
Act because of
subsection (2), the
audit must be carried out by the
auditor-general. Current as at [Not applicable]
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187
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Chapter 8 Repeal, transitional, savings and
validation provisions [s 267] Part 5
Transitional provisions for
Local Government and Other
Legislation Amendment Act
2012 267 Change in dealing
with complaints (1) This section applies if—
(a) the council, or the department’s chief
executive, makes or receives a
complaint about
the conduct or
performance of a councillor before the
commencement; and (b) an
entity had
started dealing
with, but
had not finally
dealt with,
the complaint under
chapter 6,
part 2,
division 6. (2)
The former process
continues to
apply in
relation to
the complaint despite any amendment of
this Act under the Local Government and
Other Legislation Amendment Act 2012 .
(3) The former
process is chapter 6, part 2, division 6 as in
force immediately before the commencement.
(4) To remove any doubt, it is declared
that— (a) an entity dealing with the complaint
must deal with the complaint under the former process;
and (b) any disciplinary action
taken against
a councillor because
of the complaint
is limited to
the action that
may
be taken under the former process. 268
Change in process for making local
laws (1) This section
applies if
the council has
begun, but
not completed, its
process for
making a
local law
before the
commencement. Page 188
Current as at [Not applicable]
City
of Brisbane Act 2010 Chapter 8 Repeal, transitional, savings
and validation provisions [s 269] (2)
The council may
continue the
process for
making the
local law
despite any
amendment of
this Act
under the
Local Government and
Other Legislation Amendment Act 2012 .
(3) Chapter 3,
part 1,
as in force
immediately before
the commencement, continues
to apply for
the purpose of
subsection (2). Not
authorised —indicative only
Part
6 Validation provision for Sustainable
Planning (Infrastructure Charges) and
Other Legislation Amendment
Act
2014 269 Validation of rates charged
It
is declared that the council always has had, whether under
this
Act or a repealed Act, the power to categorise rateable
land, and decide differential rates for the
rateable land, in the way stated in section 96(1A).
Part
7 Transitional provisions for
Planning (Consequential) and
Other Legislation Amendment
Act
2016 270 Definitions for part
In
this part— amending Act means the
Planning (Consequential) and Other
Legislation Amendment Act 2016
. former , in relation to
a provision, means the provision as in force
immediately before
the provision was
amended or
repealed under the amending Act.
Current as at [Not applicable]
Page
189
Not authorised —indicative
only City of Brisbane Act 2010
Chapter 8 Repeal, transitional, savings and
validation provisions [s 271] repealed
Planning Act
means the
repealed Sustainable Planning Act
2009 . 271 Existing
development application—resumption of particular
land (1) This section
applies to
an existing development application mentioned in
former section 90(1)(a). (2) Former
section 90
continues to
apply in
relation to
the application as if the amending Act had
not been enacted. (3) In this section— existing
development application means
a development application made
under the repealed Planning Act, to which the Planning
Act, section 288 applies. 272 Entry under
existing application, permit or notice (1)
This
section applies to an application, permit or notice—
(a) mentioned in former section 121;
and (b) made or given under the repealed
Planning Act. (2) Former section
121 continues to
apply in
relation to
the application, permit or notice as if
the amending Act had not been enacted
and the repealed
Planning Act
had not been
repealed. 273
Existing remedial notice (1)
This
section applies to a remedial notice— (a)
given under former section 127A; and
(b) requiring the
owner or
occupier of
a property to
take action under the
repealed Planning Act. (2) The
remedial notice
continues to
have effect
as if the
amending Act had not been enacted and the
repealed Planning Act had not been repealed.
Page
190 Current as at [Not applicable]
Not authorised —indicative only
City
of Brisbane Act 2010 Chapter 8 Repeal, transitional, savings
and validation provisions [s 274] 274
Existing inside information
(1) This section applies to information
about any of the following ( existing
inside information )
that, immediately before
the commencement, was
inside information, in
relation to
the council, for former section
173A— (a) the exercise of a power under the
repealed Planning Act by the council, a councillor or a
council employee; (b) a decision,
or proposed decision,
under the
repealed Planning Act of
the council or any of its committees; (c)
the
exercise of a power under the repealed Planning Act
by
the State, a Minister, a statutory body or an employee
of
the State or statutory body, that affects the council,
any of its
corporate entities
or land or
infrastructure within
Brisbane; (d) any legal or financial advice about
the repealed Planning Act created for the council, any of
its committees or any of its corporate entities.
(2) Former section
173A continues
to apply in
relation to
the existing inside
information as
if the amending
Act had not
been enacted
and the repealed
Planning Act
had not been
repealed. 275
Existing unpaid fine—where fine to be paid
to (1) This section applies to a fine
mentioned in former section 228 that—
(a) is unpaid; and (b)
was
imposed in proceedings brought by the council for
an
offence against the repealed Planning Act. (2)
Former section 228 continues to apply in
relation to the fine as if the amending Act had not been
enacted and the repealed Planning Act had not been
repealed. Current as at [Not applicable]
Page
191
City
of Brisbane Act 2010 Schedule 1 Schedule 1
Dictionary Not
authorised —indicative
only section 6 Page 192
acceptable requests guidelines
see
section 244(1). adopt ,
by the council,
means adopt
by resolution of
the council. ancillary works
and encroachments means— (a)
cellars; or (b)
gates; or (c)
temporary rock anchors for building support;
or (d) ancillary works and encroachments
under the Transport Infrastructure Act. anti-competitive
provision means a provision that a regulation
identifies as creating barriers to—
(a) entry to a market; or
(b) competition within a market.
appropriately qualified
, for a
delegated power,
includes having the
qualifications, experience or standing to exercise
the
power. Example of standing— a person’s
classification level in the public service approved
form means a form approved 248.
approved inspection program
see
section 122(2) auditor-general means
the Queensland Auditor-General under the
Auditor-General Act 2009 .
authorised officer means a person
who holds office under the Local Government Act, section
204D. authorised person
means a
person who
holds office
under section
199. BCC councillor conduct review panel
see
section 178(6). Current as at [Not applicable]
City
of Brisbane Act 2010 Schedule 1 Not
authorised —indicative only
beginning , of the
council’s term, see section 161(3). beneficial
enterprise see section 43(3). boundary
change see section 19(2). Brisbane
means the City of Brisbane.
Building Act means the
Building Act 1975 .
building certifying activity
see
section 51(4). building unit means a lot
under— (a) the Body
Corporate and
Community Management Act
1997 ; or
(b) the Building Units
and Group Titles Act 1980 ; or (c)
the Integrated Resort Development Act
1987 ; or (d)
the Mixed Use Development Act 1993
;
or (e) another Act prescribed under a
regulation. business activity , of the
council, means trading in goods and services by the
council. business unit , of the
council, means a part of the council that conducts a
business activity of the council. caretaker
period , for the council, see section
92A(1). cause detriment to the council
— 1 To
cause detriment to the council
includes— (a)
to sabotage a
lawful process
of the council
(including adopting
a budget or
conducting a
tender process, for example); or
(b) to cause the council to suffer a loss
in its lawful performance of a function or commercial
activity (including the
loss of
a future contractual arrangement, for
example). 2 To cause detriment
to the council does not include— (a)
merely embarrassing the council; or
(b) merely causing disagreement between
councillors. CCC means the Crime and Corruption
Commission. Current as at [Not applicable]
Page
193
City
of Brisbane Act 2010 Schedule 1 Not
authorised —indicative
only Page 194 chairperson of
the council means the councillor appointed by
the
council under section 25(1). change
commission means
the change commission established
under the Local Government Act. charges
includes any interest accrued, or premium
owing, on the charges. chief
executive officer
means the
person who
holds an
appointment under section 190.
code
of competitive conduct see section 51(2). commercialisation ,
of a significant business
activity, see
section 48(2). committee
chairperson ,
for a committee
of the council,
means the councillor appointed by members of
the committee as chairperson of the committee.
Commonwealth Super
Act means the
Superannuation Industry
(Supervision) Act 1993 (Cwlth). competitive
neutrality principle see section 47(3). component local
government see the Local Government Act,
section 25A(4). conclusion ,
of the election
of a councillor, see
the Local Government
Electoral Act 2011 , section 7. conflict of
interest see section 177D. consolidated
version , of a local law, see section 35(2).
contractor , of the
council, means— (a) a person who provides services under a
contract with the council; or (b)
a
person prescribed under a regulation. conviction includes a
finding of guilt, and the acceptance of a plea
of guilty, by
a court, whether
or not a
conviction is
recorded. corporate
entity means
an entity that
has been corporatised under
this Act
and to which
the Corporations Act
does not
apply. Current as at
[Not applicable]
Not authorised —indicative only
City
of Brisbane Act 2010 Schedule 1 cost-recovery
fee see section 99(2). council
see
section 9. council employee means any of the
following of or relating to the
council— (a) the chief executive officer;
(b) a senior contract employee;
(c) a person holding an appointment under
section 193. councillor , for the
council, includes the mayor. council
worker see section 127(4). court
means a court of competent
jurisdiction. Crime and Corruption Act means the
Crime and Corruption Act 2001
. criminal history
, of a
person, means
all convictions, other
than spent
convictions, recorded
against the
person for
offences, in Queensland or elsewhere,
whether before or after the commencement of this Act.
department’s chief executive
means the chief executive of the
department. distribution , of a
how-to-vote card— (a) includes make the card available to
other persons; but (b) does not include merely display the
card. Examples— 1
A
person distributes how-to-vote cards if the
person hands the
cards to other persons or leaves them at a
place for other persons to take away. 2
A person does
not distribute how-to-vote cards
if the person
attaches the cards to walls and other
structures, merely for display. elected
includes re-elected. elector
means a
person entitled
to vote in
an election of
councillors. Electoral
Act means the Electoral Act
1992 . Current as at [Not applicable]
Page
195
Not authorised —indicative
only City of Brisbane Act 2010
Schedule 1 electoral
commission means
the Electoral Commission of
Queensland under the Electoral Act.
electoral commissioner means
the electoral commissioner under the
Electoral Act. encumbrance includes
any of the
following that
affects land—
(a) a mortgage, lien or charge;
(b) a caveat; (c)
an
agreement; (d) a judgment, writ or process;
(e) an interest adverse to the interest of
the land’s owner; but does not include an easement.
establish ,
a superannuation scheme,
includes join
in establishing a superannuation
scheme. Establishment and
Coordination Committee
means the
council’s Establishment and
Coordination Committee
continued under section 24.
final part , of the
council’s term, see section 161(5). Forestry
Act means the Forestry Act
1959 . fresh election means an
election of all the councillors of the council that is
not a quadrennial election. full
cost pricing
, of a
significant business
activity, see
section 48(3). general
rates see section 94(2). government entity
has the same
meaning as
in the Government Owned
Corporations Act 1993 . grants
commission means the grants commission
established under the Local Government Act.
home includes—
(a) a room in a boarding house; and
(b) a caravan; and Page 196
Current as at [Not applicable]
City
of Brisbane Act 2010 Schedule 1 Not
authorised —indicative only
(c) a manufactured home
within the
meaning of
the Manufactured Homes
(Residential Parks)
Act 2003 ,
section 10. Housing Act
contract means a contract of sale—
(a) that was entered into under—
(i) the State Housing
Act 1945 , section 24, before the repeal of that
Act; or (ii) the
Housing Act 2003 , section 113;
or (b) under which— (i)
the purchase price,
other than
the deposit, is
payable in 2 or more instalments; or
(ii) the sale is of a
share in a house and land. how-to-vote card
see the Local
Government Electoral
Act 2011 ,
schedule. identity card , of a person,
means a card that— (a) identifies the
person as
an authorised person,
council worker or
authorised officer; and (b) contains a
recent photo of the person; and (c)
contains a copy of the person’s signature;
and (d) states the expiry date for the
identity card. inappropriate conduct see section
178(4). industrial instrument means
an industrial instrument under
the Industrial Relations Act 2016
. interim local law see section
27(4). investigator see section
195(2). joint government activity
see
section 12(2). joint local
government see
the Local Government Act,
section 25A(2). joint local
government area see the Local Government Act,
section 25A(3). judicial
review means a review under the Judicial Review
Act. Current as at [Not applicable]
Page
197
City
of Brisbane Act 2010 Schedule 1 Not
authorised —indicative
only Page 198 Judicial Review
Act means the Judicial Review
Act 1991 . land includes—
(a) freehold land; and (b)
land
held from the State for a leasehold interest; and
(c) a mining claim. Land Act
means the Land Act
1994 . Land Title Act means the
Land
Title Act 1994 . Local Government Act
means the
Local Government Act
2009 .
local government area
see the Local
Government Act,
section 8(2). Local
Government (Financial Assistance) Act
means the
Local Government (Financial Assistance) Act
1995 (Cwlth). local government
principles see section 4(2). local government
related law means a law under which the
council performs the council’s
responsibilities, including, for example—
(a) this Act; and (b)
the
Local Government Act; and (c) a local law;
and (d) the Building Act; and
(e) the Planning Act; and
(f) a planning scheme, under the Planning
Act; and (g) the Plumbing and Drainage Act;
and (h) the Water Act
2000 ; and (i)
the Water Supply (Safety and Reliability)
Act 2008 . local law see section
27(2). major policy decision , of the
council, means a decision— (a) about the
appointment of a chief executive officer; or (b)
about the remuneration of the chief
executive officer; or Current as at [Not
applicable]
City
of Brisbane Act 2010 Schedule 1 Not
authorised —indicative only
(c) to terminate
the employment of
the chief executive
officer; or (d)
to
enter into a contract the total value of which is more
than
the greater of the following— (i)
$200,000; (ii)
1%
of the council’s net rate and utility charges as
stated in the council’s audited financial
statements included in
the council’s most
recently adopted
annual report. material
personal interest see section 177B. middle
, of
the council’s term, see section 161(4). mining
claim means
a mining claim
under the
Mineral Resources Act
1989 . misconduct see section
178(3). model local law see section
27(7). National Competition Policy
Agreements means
the following agreements (made between the
Commonwealth and the States on 11 April 1995), as in force
for the time being— (a) the Conduct Code Agreement;
(b) the Competition Principles
Agreement; (c) the Agreement
to Implement National
Competition Policy and
Related Reforms. notice of intention to acquire land
see
section 67(2). occupier , of property,
see section 114(6). ordinary business matter means—
(a) the remuneration of councillors or
members of a council committee; or (b)
the
provision of superannuation entitlements or accident
insurance for councillors or council
employees; or (c) the terms on which goods, services or
facilities are to be offered by the council for use or
enjoyment of the public in Brisbane; or Current as at
[Not applicable] Page 199
City
of Brisbane Act 2010 Schedule 1 Not
authorised —indicative
only Page 200 (d)
the
making or levying of rates and charges, or the fixing
of a
cost-recovery fee, by the council; or (e)
a planning scheme,
or amendment of
a planning scheme, for
Brisbane; or (f) a resolution required for the adoption
of a budget for the council; or (g)
a
matter that is of interest to a person merely as—
(i) an employee of the State or a
government entity; or (ii) an elector,
ratepayer or resident of Brisbane; or (iii)
a
beneficiary under a policy of accident insurance,
public liability or professional indemnity
insurance held, or to be held, by the council;
or (iv) a user of goods,
services or facilities supplied, or to be
supplied, by
the council (whether
under a
contract or otherwise) as a member of the
public in common with other members of the public;
or (v) a candidate for election or
appointment as a mayor, deputy mayor
or member of
a committee of
the council; or (vi)
a member of
a non-profit, charitable or
religious organisation involving
no personal financial
gain or loss to the
person. overall State interest is—
(a) an interest
that the
Minister considers
affects the
economic, environmental or social interest
of all or part of the State; or (b)
an
interest that the Minister considers affects the interest
of ensuring there
is an accountable, effective
and efficient system of local government;
or (c) an interest prescribed under a
regulation. owner of land—
1 An owner
of
land is— (a) a registered proprietor of freehold
land; or Current as at [Not applicable]
City
of Brisbane Act 2010 Schedule 1 Not
authorised —indicative only
(b) a purchaser of freehold land from the
State under an Act; or (c)
a
purchaser of land under a Housing Act contract; or
(d) a person who has a share in land that
the person bought under a Housing Act contract;
or (e) a lessee of land held from the State,
and a manager, overseer or superintendent of the lessee who
lives on the land; or (f)
the
holder of a mining claim or lease; or (g)
the holder of
land mentioned
in the Mineral
Resources Act 1989 , schedule 2,
definition owner ;
or (h) a
lessee under
the Petroleum Act
1923 or
the Petroleum and
Gas (Production and
Safety) Act
2004 ; or
(i) a lessee of land held from a
government entity or the council; or (j)
the
holder of an occupation permit or stock grazing permit
under the
Forestry Act
or of a
permit prescribed under
a regulation; or (k) the holder of a permission to occupy
from the chief executive of
the department responsible for
the administration of the Forestry Act;
or (l) the holder
of a permit
to occupy under
the Land Act; or
(m) a licensee under the Land Act;
or (n) for land on which there is a structure
subject to a timeshare scheme—the person
notified to
the council as
the person responsible for
the administration of
the scheme as
between the
participants in the scheme; or
(o) another person who is entitled to
receive rent for the land; or Current as at
[Not applicable] Page 201
Not authorised —indicative
only City of Brisbane Act 2010
Schedule 1 (p)
another person
who would be
entitled to
receive rent
for the land
if it were
leased at
a full commercial
rent. 2 However, an owner
of
land does not include the State, or a
government entity,
except as
far as the
State or
government entity is liable under an Act to
pay rates. perceived conflict of interest
see
section 177E(1)(c)(ii). Planning Act means the
Planning Act 2016 .
planning scheme
means a
planning scheme
under the
Planning Act. Plumbing
and Drainage Act
means the
Plumbing and
Drainage Act 2002 .
police commissioner means
the commissioner of
the police service under
the Police Service Administration Act
1990 . political party means an
organisation registered as a political party under the
Electoral Act. preliminary assessment see section
179(4). private property see section
114(4). private sector means an entity
that is not— (a) the Commonwealth or a State; or
(b) a State authority; or
(c) a local government.
property means land, any
structure on the land, and a vehicle. public
office , of the council, see section 241.
public place
, for chapter
5, part 2,
division 1,
see section 114(5). public
place see section 114(5). public
thoroughfare easement
is an easement
created under—
(a) the Land Act, chapter 6, part 4,
division 8; or (b) the Land Title Act, part 6, division
4. Page 202 Current as at
[Not applicable]
City
of Brisbane Act 2010 Schedule 1 Not
authorised —indicative only
public utilities means—
(a) works for
the supply of
drainage, electricity, gas,
sewerage, telecommunications or water;
or (b) works for
an infrastructure corridor
under the
State Development and
Public Works Organisation Act 1971 ,
section 82; or (c)
works for a purpose mentioned in the
State Development and Public Works
Organisation Act 1971 , section 125; or
(d) other works declared under a
regulation to be a public utility. quadrennial elections
means the
elections for
local governments that
are held in 2012, and every fourth year after 2012.
rateable land see section
95(2). rates includes any
interest accrued, or premium owing, on the rates.
rates and charges see section
93(2). real conflict of interest
see
section 177E(1)(c)(i). reasonable entry notice
see
section 127A(3). reasonable proportion of electors
see
section 17(4). registered officer
, of a
political party,
means the
registered officer of the
political party under the Electoral Act. registrar of
titles means the public authority responsible
for registering title to land and dealings
affecting land. regulated pool see the Building
Act, section 231B. remedial notice see section
127A(1). repealed Business
and Procedure Act
means the
repealed Brisbane City
Council Business and Procedure Act 1939 .
repealed City
of Brisbane Act
means the
repealed City
of Brisbane Act 1924 .
repealed mall Act means—
Current as at [Not applicable]
Page
203
Not authorised —indicative
only City of Brisbane Act 2010
Schedule 1 (a)
the repealed Local
Government (Chinatown and
The Valley Malls) Act 1984
;
or (b) the repealed Local Government
(Queen Street Mall) Act 1981 .
resolution , of the
council, means the formal decision of the council at a
council meeting. responsibility includes a
function. reward does not
include— (a) a councillor’s remuneration as a
councillor; or (b) an amount
decided under
the deed under
the Superannuation (State
Public Sector)
Act 1990 in
relation to a transferring member within the
meaning of section 32A of that Act; or
(c) reasonable expenses actually incurred
for any 1 or more of the following— (i)
accommodation; (ii)
meals; (iii)
domestic air travel; (iv)
taxi
fares or public transport charges; (v)
motor vehicle hire; or (d)
an amount paid
as a pension
or otherwise for
past service in a
full-time government job. road see section
65(2). roads activity see section
51(5). rules of procedure see section
186A(4). sanitary drain —
(a) means a
drain that
is immediately connected
to, and used to carry
discharges from, a soil or waste pipe; but (b)
does not
include a
pipe that
is a part
of a drain
for carrying off effluent from a property
after treatment in an on-site sewerage facility.
Page
204 Current as at [Not applicable]
Not authorised —indicative only
City
of Brisbane Act 2010 Schedule 1 senior contract
employee means a council employee who is—
(a) employed on a contractual basis;
and (b) is classified by the council as
‘senior executive service’. separate rates
and charges see section 94(5). sewerage
treatment system means the infrastructure used to
receive, transport
and treat sewage
or effluent (including sewers,
access chambers,
machinery, outfalls,
pumps, structures and
vents, for example). sign , a thing,
includes the making of a mark on the thing in front of someone
else who signs the thing as witness. significant
business activity see section 47(4). special rates
and charges see section 94(3). spent
conviction means a conviction— (a)
for
which the rehabilitation period under the Criminal
Law
(Rehabilitation of Offenders) Act 1986 has
expired; and (b) that
is not revived
as prescribed by
section 11 of
that Act.
standing committee , of the
council, means a committee of its councillors that
meets to
discuss the
topics decided
by the council when
establishing the committee. State-controlled road
see the Transport
Infrastructure Act,
schedule 6. State
office ,
of the department, means
the office of
the department at the address prescribed
under a regulation. Statutory Bodies
Financial Arrangements Act
means the
Statutory Bodies Financial Arrangements Act
1982. statutory committee , of the
council, means a committee of the council
that is
required under
this Act
and may not
be dissolved by the council.
stormwater drain see section
83(2). stormwater installation see section
83(3). Current as at [Not applicable]
Page
205
Not authorised —indicative
only City of Brisbane Act 2010
Schedule 1 structure
means anything that is built or constructed,
whether or not it is attached to land.
subordinate local law see section
27(5). sustainable development is development
that is designed to meet present needs while also taking into
account future costs (including costs
to the environment and
the depletion of
natural resources, for example).
timeshare scheme , for a
structure, means a scheme that is to operate for at
least 3 years during which time the participants
in
the scheme are, or may become, entitled to use, occupy or
possess the structure, or part of the
structure, for 2 or more periods. Transport
Infrastructure Act
means the
Transport Infrastructure
Act 1994 . utility charges see section
94(4). ward , of Brisbane,
see section 17(1). Page 206 Current as at
[Not applicable]