QueenslandCityofBrisbaneAct2010Current as at [Not applicable]Indicative reprint noteThis is anunofficialversion of a
reprint of this Act that incorporates allproposedamendmentstotheActincludedintheLocalGovernmentElectoral(ImplementingStage1ofBelcarra)andOtherLegislationAmendmentBill2018.Thisindicativereprinthasbeenpreparedforinformation only—it is not an
authorised reprint of the Act.The
point-in-time date for this indicative reprint is the introduction
date forthe Local Government Electoral (Implementing
Stage 1 of Belcarra) andOther Legislation Amendment Bill 2018—6
March 2018.DetailedinformationaboutindicativereprintsisavailableontheInformationpage of the
Queensland legislation website.
Notauthorised—indicativeonlyPart
4266Part 5267268Part 6269Part
7270271272273274275Schedule 1City of Brisbane
Act 2010ContentsTransitional
provision for Revenue and Other LegislationAmendment Act
2011Continued superannuation scheme for council
employees . . . . .187Transitional provisions for Local
Government and OtherLegislation Amendment Act 2012Change in dealing with complaints. .
. . . . . . . . . . . . . . . . . . . . .188Change in process for making local laws. . . . . . . . . . . . . . . . . .188Validation provision for Sustainable
Planning (InfrastructureCharges) and Other Legislation
Amendment Act 2014Validation of rates charged. . . . . . . . . . . . . . . . . . . . . . . . . . . . .189Transitional provisions for Planning
(Consequential) and OtherLegislation Amendment Act
2016Definitions for
part .
. .
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. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
.189Existing development application—resumption of
particular land190Entry under existing application, permit or
notice. . . . . . . . . . . .190Existing remedial notice. . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . .190Existing
inside information .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
.191Existing unpaid fine—where fine to be paid to. . . . . . . . . . . . . .191Dictionary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .192Page
11
Notauthorised—indicativeonly
City
of Brisbane Act 2010City of Brisbane Act 2010Chapter 1 Preliminary[s 1]An Act
to provide a system of local government in the City ofBrisbaneNotauthorised—indicativeonlyChapter 1Preliminary1Short
titleThis Act may be cited as theCity
of Brisbane Act 2010.2Commencement(1)ThisAct,otherthanthefollowing,commenceson1July2010—(a)section 344;(b)schedule 1, amendments of this Act.(2)Schedule 1,amendmentsofthisAct,commenceson2July2010.3Purpose of this Act(1)The purpose of this Act is to provide
for—(a)thewayinwhichtheBrisbaneCityCouncilisconstitutedandtheuniquenatureandextentofitsresponsibilities and powers;
and(b)asystemoflocalgovernmentinBrisbanethatisaccountable, effective, efficient and
sustainable.Current as at [Not applicable]Page
13
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 1 Preliminary[s 4](2)ComparedtootherlocalgovernmentsinQueensland,thecouncilisuniqueinitsnatureandtheextentofitsresponsibilities and powers for the
following reasons—(a)Brisbane is the capital city of
Queensland;(b)the council is the largest provider of
local governmentservices in Queensland;(c)there are 26 councillors (other than the
mayor) who eachrepresent the interests of the residents of
a ward;(d)the mayor has unique responsibilities
as the mayor of acapital city;(e)thecouncilhasanEstablishmentandCoordinationCommittee that
coordinates its business;(f)thechairpersonofthecouncilpresidesatallofitsmeetingsandisresponsibleforensuringitsrulesofprocedure are observed and enforced.4Local government principles underpin
this Act(1)ToensurethesystemoflocalgovernmentinBrisbaneisaccountable,effective,efficientandsustainable,Parliamentrequires—(a)anyonewhoisperformingaresponsibilityunderthisAct to do so in
accordance with the local governmentprinciples;
and(b)any action that is taken under this
Act to be taken in away that—(i)is
consistent with the local government principles;and(ii)provides results
that are consistent with the localgovernment
principles, in as far as the results arewithin the
control of the person who is taking theaction.(2)Thelocal government
principlesare—Page 14Current as at [Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 1 Preliminary[s
5](a)transparentandeffectiveprocesses,anddecision-making in the public interest;
and(b)sustainable development and management
of assets andinfrastructure, and delivery of effective
services; and(c)democraticrepresentation,socialinclusionandmeaningful community engagement; and(d)good governance of, and by, local
government; and(e)ethicalandlegalbehaviourofcouncillorsandcouncilemployees.5Relationship with Local Government
Act(1)AlthoughtheBrisbaneCityCouncilisalocalgovernment,thisAct,ratherthantheLocalGovernmentAct,providesfor—(a)thewayinwhichtheBrisbaneCityCouncilisconstitutedandthenatureandextentofitsresponsibilities and powers;
and(b)a system of local government in
Brisbane.(2)Generally, the Local Government Act
does not apply to theBrisbane City Council or its
councillors, employees, agents orcontractors.(3)However, particular provisions of the Local
Government Actapply, or may apply, to the Brisbane City
Council as a localgovernment.Examples—1The Local Government Act, chapter 7,
part 2 applies to the councilas a local
government for the purpose of superannuation for certainpersons who are connected to the
council.2The Local Government Act, chapter 2A
would apply to the councilif the council were a component local
government for a joint localgovernment.Current as at
[Not applicable]Page 15
City
of Brisbane Act 2010Chapter 2 Brisbane City Council[s
6]6DefinitionsThe dictionary
in schedule 1 defines particular words used inthis Act.Notauthorised—indicativeonlyChapter 2Brisbane City
CouncilPart 1City of
Brisbane7City of Brisbane(1)The
area of Brisbane continues to be a city under the name‘City of Brisbane’.(2)TheboundariesofBrisbanearetheboundariesofthecityimmediately
before 1 July 2010 and as subsequently variedunder this
Act.(3)Brisbane is the capital city of
Queensland.(4)A regulation may describe the
boundaries of Brisbane.Part 2Council
constitution,responsibilities and powers8What this part is aboutThis
part explains—(a)what the Brisbane City Council is;
and(b)who constitutes the council;
and(c)theresponsibilitiesandpowersofthecouncil,itscouncillors and its employees.Page
16Current as at [Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 2 Brisbane City Council[s
9]9The Brisbane City Council’s
responsibility for BrisbaneThe Brisbane
City Council (thecouncil) is the elected
bodythat is responsible for the good rule and
local government ofBrisbane.10Brisbane City Council is a body
corporateThe 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’.11Powers of council generally(1)The council has the power to do
anything that is necessary orconvenientforthegoodruleandlocalgovernmentofBrisbane.Note—Also, see section 242 for more information
about powers.(2)However, the council can only do
something that the State canvalidly
do.(3)Whenexercisingapower,thecouncilmaytakeaccountofAboriginal 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)Whenthecouncilisexercisingapowerinaplacethatisoutside Brisbane, the council has the
same jurisdiction in theplace as if the place were inside
Brisbane.Current as at [Not applicable]Page
17
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 2 Brisbane City Council[s
12](6)Subsections (7) and (8) apply if the
council is a componentlocal government for a joint local
government.(7)Despite subsection (1), the council
may not, within the jointlocal government’s area, exercise a
power for which the jointlocal government has
jurisdiction.(8)However, the council may exercise the
power as a delegate ofthe joint local government.12Power includes power to conduct joint
governmentactivities(1)The
council may exercise its powers by cooperating with 1 ormoreotherlocal,StateorCommonwealthgovernmenttoconduct a joint government activity.(2)Ajoint government
activityincludes providing a service, oroperating 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)creatingajointlocalgovernmententity,orjointgovernmententity,tooverseethejointgovernmentactivity;
or(c)beingacomponentlocalgovernmentforajointlocalgovernment.Note—For
the establishment of joint local governments, see the LocalGovernment Act, chapter 2A.(4)A joint government activity may be set
up for more than 1purpose.Example—Three local governments may create a joint
local government entity tomanageanaerodromethatserviceseachoftheirlocalgovernmentareas, and may
also enter into an agreement to sell water in bulk to oneof
the local governments.Page 18Current as at
[Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 2 Brisbane City Council[s
13](5)The council may exercise a power in
another government’sarea for the purposes of a joint
government activity, in the wayagreed by the
governments.(6)However, if the power is to be
exercised under a local law, thelocallawmustexpresslystatethatitappliestotheothergovernment’s
area.Note—See section 30
for more information about making local laws.13Who
the council is constituted by(1)Usually, the council is constituted by the
mayor and 26 othercouncillors who are elected or appointed to
the council underthis Act or theLocal Government
Electoral Act 2011.(2)However,iftherearenocouncillorsforanyreason,thecouncil is constituted by its chief
executive officer.14Responsibilities of councillors(1)A councillor must represent the
current and future interests ofthe residents of
Brisbane.(2)All councillors have the same
responsibilities, but the mayorhas 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 thecommunity;(c)participating, for the benefit of Brisbane,
in—(i)meetings of the council; andCurrent as at [Not applicable]Page
19
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 2 Brisbane City Council[s
15](ii)policydevelopmentanddecision-makingaboutmattersbeingconsideredatameetingofthecouncil;(d)beingaccountabletothecommunityforthecouncil’sperformance.(4)The
mayor has the following extra responsibilities—(a)implementing the policies adopted by the
council;(b)developingandimplementingpolicies,otherthanpoliciesthatconflictwithpoliciesadoptedbythecouncil;(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 tothechiefexecutiveofficerinordertoachievehighquality administration of the
council;(f)ensuring that the council promptly
provides the Ministerwith the information about Brisbane,
or the council, thatis requested by the Minister;(g)arranging representation of the
council at ceremonial orcivic functions;(h)directing the chief executive officer and
senior contractemployees of the council.(5)When performing a responsibility, a
councillor must serve theoverall public interest of the whole
of Brisbane.15Responsibilities of council
employees(1)Allemployeesofthecouncilhavethefollowingresponsibilities—(a)implementing the policies and priorities of
the councilin a way that promotes—(i)theeffective,efficientandeconomicalmanagement of
public resources; andPage 20Current as at
[Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 2 Brisbane City Council[s
15](ii)excellence in
service delivery; and(iii)continual
improvement;(b)carryingouttheirdutiesinawaythatensuresthecouncil—(i)discharges its responsibilities under this
Act; and(ii)complieswithalllawsthatapplytothecouncil;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)ensuringtheirpersonalconductdoesnotreflectadversely 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
thePublic SectorEthics Act
1994, section 4;(i)complyingwithacodeofconductunderthePublicSector Ethics
Act 1994.(2)Thechiefexecutiveofficerhasthefollowingextraresponsibilities—(a)managing the council in a way that
promotes—(i)theeffective,efficientandeconomicalmanagement of
public resources; and(ii)excellence in
service delivery; and(iii)continual
improvement;(b)managingtheothercouncilemployeesthroughmanagement practices that—(i)promote equal employment
opportunities; and(ii)areresponsivetothecouncil’spoliciesandpriorities;Current as at
[Not applicable]Page 21
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 2 Brisbane City Council[s
16](c)establishingandimplementinggoalsandpracticesinaccordancewiththepoliciesandprioritiesofthecouncil;(d)establishingandimplementingpracticesaboutaccessand
equity to ensure members of the community haveaccess
to—(i)council programs; and(ii)appropriateavenuesforreviewingcouncildecisions;(e)the
safe custody of—(i)allrecordsabouttheproceedings,accountsortransactions of the council or its
committees; and(ii)all documents
owned or held by the council;(f)complyingwithparticularrequestsundersection
171from councillors.Part 3Wards of Brisbane16What
this part is aboutThis part is about the number of electors
that are to be in eachward of Brisbane to ensure democratic
representation.17Wards of Brisbane(1)Brisbane is divided into 26 areas
calledwards.(2)AregulationmaydescribetheboundariesofanywardofBrisbane.(3)Each
ward of Brisbane must have a reasonable proportion ofelectors.(4)Areasonable proportion of
electorsis the number of electorsthat
is worked out by dividing the total number of electors inBrisbane(asnearlyascanbefoundout)bythenumberofcouncillors (other than the mayor), plus or
minus 10%.Page 22Current as at
[Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 2 Brisbane City Council[s
18]Example—If the total
number of electors in Brisbane is 1,500,000, and the numberof
councillors (other than the mayor) is 5, the reasonable proportion
ofelectors 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)WhenchangingthewardsofBrisbane,thereasonableproportionofelectorsmustbeworkedoutasnearaspracticable to the time when the change is
to happen.18Review of wards of BrisbaneThe
council must, no later than 1 October in the year that is 2years before the year of the quadrennial
elections—(a)reviewwhethereachofthewardsofBrisbanehasareasonable proportion of electors;
and(b)give the electoral commissioner and
the Minister writtennotice of the results of the
review.Part 4Changing
Brisbane area orrepresentationDivision 1Introduction19What
this part is about(1)This part is about making a boundary
change.(2)Aboundary
changeis a change of the boundaries of
Brisbaneor any ward of Brisbane.(3)In
summary, the process for making a boundary change is asfollows—•assessment—the change
commission assesses whether aproposed
boundary change is in the public interest•implementation—theGovernorinCouncilimplementsthe boundary
change under a regulation.Current as at [Not applicable]Page
23
City
of Brisbane Act 2010Chapter 2 Brisbane City Council[s
20](4)Thechangecommission,whichconductstheassessmentphase of the
process, is an independent body created under theLocal Government Act.Notauthorised—indicativeonlyDivision 2The process for
change20Who may start the change
processFor a boundary change—(a)the
council; or(b)the Minister; or(c)the
electoral commission;mayapplytothechangecommission toassesswhetherthechange should be made.21Assessment(1)The
change commission is responsible for assessing whether aproposed boundary change is in the public
interest.(2)In doing so, the change commission
must consider—(a)whethertheproposedboundarychangeisconsistentwith a local
government related law; and(b)the
views of the Minister about the proposed boundarychange; and(c)any
other matters prescribed under a regulation.(3)The
change commission mayconduct its assessment in anywaythatitconsidersappropriate,including,forexample,by—(a)asking for submissions from any local
government thatwould 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 proposedboundary change.Page 24Current as at [Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 2 Brisbane City Council[s
22](4)However, the Minister may direct the
change commission inwriting to conduct its assessment of
the proposed boundarychange in a particular way.(5)Despite subsection (3), the change
commission must complywith the Minister’s direction.(6)The change commission must let the
public know the resultsof its assessment and the reasons for
the results, by publishingnotice 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)Thechangecommissionmustalsogivetheresultsofitsassessment to the Minister.(8)The change commission may recommend
that the Governor inCouncil implement the change
commission’s assessment.22Implementation(1)TheGovernorinCouncilmayimplementthechangecommission’s
recommendation under a regulation.(2)The
regulation may provide for anything that is necessary orconvenienttofacilitatetheimplementationoftheboundarychange.(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 counciland another local government.(4)ThecouncilisnotliabletopayaStatetaxinrelationtoatransfer or other arrangement made to
implement a boundarychange.(5)AState taxis a tax,
charge, fee or levy imposed under an Act,other than a
duty under theDuties Act 2001.Current as at [Not applicable]Page
25
City
of Brisbane Act 2010Chapter 3 The business of the
council[s 23]23Decisions under this division are not
subject to appealA decision of the change commission under
this division isnot subject to appeal.Note—See
section 226 for more information.Notauthorised—indicativeonlyChapter 3The business of
the councilPart 1Statutory
committees andcouncil meetingsDivision 1Statutory committees of the council24Establishment and Coordination
Committee(1)ThestandingcommitteeofthecouncilcalledtheEstablishment and Coordination
Committee is continued as astatutory
committee of the council.(2)The committee
coordinates the business of the council.(3)Thecommitteeconsistsofthemayorandallcommitteechairpersons 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 theRight to
Information Act 2009(theRTI Act),
schedule 3,section 4A, particular information relating
to the committee is exemptinformation. Accordingly, access to
that information may be refused—see section
47(3)(a) of the RTI Act. However, despite the council beingable, under that section, to refuse access,
the council may decide to giveaccess—see
section 48(3) of the RTI Act.Page 26Current as at [Not applicable]
Notauthorised—indicativeonlyDivision 2City of Brisbane
Act 2010Chapter 3 The business of the council[s
25]Meetings of the council or itscommittees25Chairperson of the council(1)The council must, by resolution,
appoint a chairperson of thecouncil from its
councillors (other than the mayor or deputymayor) at the
first meeting after the office of the chairpersonbecomes vacant.(2)The
chairperson of the council presides at all meetings of thecouncil and is responsible for ensuring its
rules of procedureare observed and enforced.Note—The chairperson
of the council also has powers under section 186A inrelationtoinappropriateconductbycouncillorsinmeetingsofthecouncil.(3)However, the chairperson of the council does
not preside atmeetings of committees of the
council.Note—A committee
chairperson presides at meetings of a committee of thecouncil.26Mayor
as member of standing committees of the council(1)Themayorisamemberofallstandingcommitteesofthecouncil.(2)The
mayor may, at the mayor’s discretion, attend, participateinorvoteatanymeetingofastandingcommitteeofthecouncil.Current as at
[Not applicable]Page 27
City
of Brisbane Act 2010Chapter 3 The business of the
council[s 27]Part 2Local lawsNotauthorised—indicativeonlyDivision 1Introduction27What
this part is about(1)This part is about local laws.(2)Alocal lawis a
law made by the council.(3)Unless there is
a contrary intention, a reference in this Act to alocal lawincludes 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)Aninterim local
lawis a local law that has effect for 6
monthsor less.(5)Asubordinate local lawis a
local law that—(a)is made under a power contained in a
local law; and(b)provides for the detailed
implementation of the broaderprinciples
contained in the local law.(6)A
subordinate local law is called that because it is
subordinateto the local law under which it is made, so
that if there is anyinconsistency between the subordinate
local law and the locallaw, the local law prevails to the
extent of the inconsistency.(7)Amodellocallawisalocallawapprovedby theMinisterundertheLocalGovernmentAct,section 26(7),asbeingsuitable for
incorporation by all local governments into theirlocal laws.28Interaction with State lawsIf
there is any inconsistency between a local law and a lawmade
by the State, the law made by the State prevails to theextent of the inconsistency.Page
28Current as at [Not applicable]
Notauthorised—indicativeonlyDivision 2City of Brisbane
Act 2010Chapter 3 The business of the council[s
29]Making, recording and reviewinglocal laws29Power
to make a local law(1)Thecouncilmaymakeandenforceanylocallawthatisnecessaryorconvenientforthegoodruleandlocalgovernment of
Brisbane.(2)However, the council must not make a
local law—(a)thatsetsapenaltyofmorethan850penaltyunitsforeach conviction of failing to comply
with a local law,includingeachconvictionwhenthereismorethan1conviction for a continuing offence or
repeat offence; or(b)thatpurportstostopalocallawbeingamendedorrepealed in the future; or(c)about a subject that is prohibited
under division 3.30Local law making process(1)The council may decide its own process
for making a locallaw to the extent that the process is not
inconsistent with thispart.(2)The
council makes a local law by passing a resolution to makethe
local law.(3)If the council proposes to make a
local law about a matter (thenewlocallaw)andthereisanexistinglocallawaboutthesame
matter that would be inconsistent with the new local law,the
council must amend or repeal the existing local law so thatthere is no inconsistency.Note—Thenewlocallawmayincludetheamendmentorrepealoftheinconsistent law in the same
instrument.(4)An interim local law must include a
provision stating whenthe law expires.Current as at
[Not applicable]Page 29
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 3 The business of the council[s
31](5)ThecouncilmustensureitslocallawsaredraftedincompliancewiththeguidelinesissuedbytheParliamentaryCounsel under
theLegislative Standards Act 1992,
section 9for local laws and subordinate local
laws.(6)To remove any doubt, it is declared
that the council does nothave to carry out any public
consultation before making eitherof the
following—(a)an interim local law;(b)a local law that only incorporates a
model local law anddoes not contain an anti-competitive
provision.31State interest check(1)This section applies if the council
proposes to make a locallaw other than the following—(a)a local law that incorporates a model
local law;(b)a subordinate local law.(2)However,thissectionalsoappliestoalocallawthatincorporates a
model local law if the local law includes morethan—(a)the model local law; or(b)any amendment or repeal of an existing
local law thatwould be inconsistent with the model local
law.(3)ThecouncilmustconsultwithrelevantgovernmententitiesabouttheoverallStateinterestintheproposedlocallawbefore making the local law.32Publication of local laws(1)The council must let the public know
that a local law has beenmadebythecouncil,bypublishinganoticeofmakingthelocal law—(a)in
the gazette; and(b)on the council’s website.Page
30Current as at [Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 3 The business of the
council[s 32](2)Thenoticemustbepublishedwithin1monthafterthedaywhen 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 makethe
local law; and(c)the name of the local law; and(d)the name of any existing local law
that was amended orrepealed 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 makethe local law; and(c)the
name of the local law; and(d)the name of any
existing local law that was amended orrepealed by the
new local law; and(e)ifthelocallawincorporatesamodellocallaw—thatfact; and(f)if the local law is an interim local
law—that fact, and thedate on which the interim local law
expires; and(g)if the local law is a subordinate
local law—the name ofthe local law that authorises the
subordinate local law tobe 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)inspectedandpurchasedatthecouncil’spublicoffice; and(ii)viewed by the public on the department’s
website.Current as at [Not applicable]Page
31
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 3 The business of the council[s
33](5)Assoonaspracticableafterthenoticeispublishedinthegazette, the council must ensure a
copy of the local law maybe viewed and purchased by the public
at the council’s publicoffice.(6)A
copy of a local law must cost no more than the cost to thecouncil of making the copy available for
purchase.(7)Within 14 days after the notice is
published in the gazette, thecouncil must
give the Minister—(a)a copy of the notice; and(b)a copy of the local law in electronic
form.33Expiry 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 withoutchange) 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 subordinatelocal law, that stopped having effect
because the locallaw was amended or repealed, is revived in
its previousform.(3)Theprevious formof a local law,
subordinate local law, orprovisionofasubordinatelocallawistheformitwasinimmediately
before the interim local law commenced.(4)This
section does not affect anything that was done or sufferedunder the interim local law before it
expired.(5)This section applies despite
theActs Interpretation Act 1954,section 19.Page 32Current as at [Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 3 The business of the
council[s 34]34Local
law register(1)The council must keep a register of
its local laws, in the waythat is required under a
regulation.(2)The council must ensure the public may
view the register at itspublic office or on its
website.(3)The department’s chief executive must
keep a database of thecouncil’s local laws and ensure a copy
of the database may beviewed by the public on the
department’s website.35Consolidated
versions of local laws(1)The council must
prepare and adopt a consolidated version ofa local
law.(2)Aconsolidatedversionofalocallawisadocumentthataccuratelycombinesthecouncil’slocallaw,asitwasoriginally made,
with all the amendments made to the locallaw since the
local law was originally made.(3)When
the council adopts the consolidated version of the locallaw,
the consolidated version is taken to be the local law, inthe
absence of evidence to the contrary.(4)Within7daysafterthecounciladoptstheconsolidatedversion of the
local law, the council must give the Minister acopy of the
consolidated version of the local law in electronicform.Division 3Local laws that can not be made37What this division is aboutThis
division specifies the subjects that the council must notmake
a local law about.Current as at [Not applicable]Page
33
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 3 The business of the council[s
38]38Network connections(1)The council must not make a local law
that regulates networkconnections.(2)Anetworkconnectionisaninstallationthathasthesolepurpose of connecting a home or other
structure to an existingtelecommunications network.(3)A local law, to the extent that it is
contrary to this section, hasno
effect.39Election advertising(1)The council must not make a local law
that—(a)prohibitsorregulatesthedistributionofhow-to-votecards; or(b)prohibits the placement of election
signs or posters.(2)Ahow-to-votecardincludesahow-to-votecardundertheElectoral Act.(3)Anelection sign or posteris a
sign or poster that is able, or isintended,
to—(a)influenceapersonaboutvotingatanygovernmentelection;
or(b)affect the result of any government
election.(4)Agovernmentelectionisanelectionforalocal,StateorCommonwealth government.(5)A
local law, to the extent that it is contrary to this section,
hasno effect.40Development processes(1)Thecouncilmustnotmakealocallawthatestablishesanalternative development process.(2)Analternativedevelopmentprocessisaprocessthatissimilartoorduplicatesallorpartofthedevelopmentassessment
process under the Planning Act.Page 34Current as at [Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 3 The business of the
council[s 41](3)However,ifalocallawalreadycontainsaprovisionthatestablishesanalternativedevelopmentprocess,thecouncilmay amend or
repeal the provision at any time.(4)A
local law has no effect to the extent that it is contrary to
thissection.(5)This
section does not apply to a local law about any of thefollowing matters unless the matter is
covered by the council’splanningscheme,thePlanningActoranotherinstrumentmade under that
Act—(a)advertising devices;(b)gates and grids;(c)roadside dining.41Anti-competitive provisions(1)Thecouncilmustnotmakealocallawthatcontainsananti-competitiveprovisionunlessthecouncilhascompliedwiththeproceduresprescribedunderaregulationforthereview of anti-competitive
provisions.(2)A local law, to the extent that it is
contrary to this section, hasno
effect.(3)This section does not apply to an
interim local law.41ASwimming pool safety(1)The council must not make a local law
that regulates—(a)theconstructionormaintenanceofbarriersforaregulated pool; or(b)amatterforensuringthesafetyofpersonsusingaregulated pool and prescribed under
the Building Act,section 231D(1),definitionpoolsafetystandard,paragraph (b).(2)If a
local law that is in force before the commencement of thissection contains a provision that regulates
a matter mentionedin subsection (1), the council—Current as at [Not applicable]Page
35
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 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,
hasno 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 thepool safety standard under the Building
Act.Division 4Action by the
Minister aboutparticular local laws42Suspending or revoking particular local
laws(1)This section applies if the Minister
reasonably believes a locallaw—(a)is contrary to any other law;
or(b)is inconsistent with the local
government principles; or(c)doesnotsatisfactorilydealwiththeoverallStateinterest.(2)The
Minister, by gazette notice, may—(a)suspendthelocallaw,foraspecifiedperiodorindefinitely; or(b)revoke the local law.(3)The
gazette notice must state—(a)howthelocallawiscontrarytoanotherlaw,isinconsistentwiththelocalgovernmentprinciplesorPage
36Current as at [Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 3 The business of the
council[s 42A]doesnotsatisfactorilydealwiththeoverallStateinterest; and(b)if
the local law has been suspended—how the local lawmay
be amended so that it—(i)is no longer
contrary to the other law; or(ii)is
no longer inconsistent with the local governmentprinciples; or(iii)satisfactorily deals with the overall State
interest.(4)If the Minister suspends a local law,
the local law stops havingeffect 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 inthe gazette notice; or(b)if no day is specified in the gazette
notice—the local lawis taken to never have had
effect.(6)The State is not liable for any loss
or expense incurred by aperson because a local law is
suspended or revoked under thissection.(7)A decision of the Minister under this
section is not subject toappeal.Note—See
section 226 for more information.Division 5Miscellaneous42ALocal
law about seizing and disposing of personalproperty(1)This section applies if—(a)thecouncilhasmadealocallawaboutseizinganddisposing of personal property;
and(b)personal property is seized under the
local law.Current as at [Not applicable]Page
37
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 3 The business of the council[s
42B](2)If the personal property is sold or
disposed of, the proceeds ofsale or disposal
must be applied in the following order—(a)inpaymentofthereasonableexpensesincurredinselling or disposing of the property;(b)in payment of the prescribed fee for
seizing and holdingthe property;(c)if
there is an amount owing to an entity under a securityinterestregisteredforthepropertyunderthePersonalPropertySecuritiesAct2009(Cwlth)—inpaymentofthe 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 theproceedsofsaleordisposalagainstanentitytowhomanamount is payable under subsection (2)(a) or
(b).(4)In this section—personalpropertyhasthemeaninggivenbythePersonalProperty Securities Act 2009(Cwlth), section 10.secured
partyhas the meaning given by thePersonal PropertySecurities Act
2009(Cwlth), section 10.42BOwners’ liability for party houses(1)The council may make a local law that
makes the owner of aresidential property liable to a
penalty because of excessivenoise regularly
emitted from the property.(2)Theownerof a residential
property includes a tenant if thetenanthasarightofexclusiveoccupationofthepropertyunder a
lease.(3)Aresidentialpropertyisapropertyofatypethatwouldordinarilybeused,orisintendedtobeused,asaplaceofresidence or mainly as a place of
residence.(4)To remove any doubt, it is declared
that—Page 38Current as at
[Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 3 The business of the
council[s 42B](a)the
local law may fix the number of times that excessivenoise must be emitted from a property before
the ownerbecomes liable to the penalty; and(b)apropertyisnotprecludedfrombeingaresidentialpropertymerelybecausethepropertyisrentedonashort-term basis.(5)In a
proceeding about a contravention of the local law—(a)anoiseabatementdirectiongiventoapersonatapropertyisevidenceofexcessivenoisebeingemittedfrom
the property; and(b)acopyofinformationrecordedintheregisterofenforcementactsunderthePolicePowersandResponsibilitiesAct2000aboutthegivingofanoiseabatement
direction is evidence of the matters stated init.(6)Anoise abatement
directionis a direction given to a personbyapoliceofficerunderthePolicePowersandResponsibilities Act 2000,
section 581(3).(7)Despite subsection (5), a defendant
may, with the leave of thecourt, require the prosecution to call
any person involved inthe giving of the noise abatement
direction to give evidence atthe
hearing.(8)The court may give leave only if the
court is satisfied that—(a)an irregularity
may exist in relation to the information orthe giving of
the noise abatement direction; or(b)it
is in the interests of justice that the person be called togive
evidence.(9)The chief executive officer may ask
the police commissionertogivethechiefexecutiveofficerinformationaboutnoiseabatement
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 2010Chapter 3 The business of the
council[s 43]Part 3Beneficial enterprises andbusiness activitiesNotauthorised—indicativeonlyDivision 1Beneficial
enterprises43What this division is about(1)This division is about beneficial
enterprises that are conductedby the
council.(2)This division does not apply to a
business unit of the council.(3)Abeneficialenterpriseisanenterprisethatthecouncilconsidersisdirectedtobenefiting,andcanreasonablybeexpected to benefit, the whole or part of
Brisbane.(4)Thecouncilisconductingabeneficialenterpriseifthecouncil is engaging in, or helping,
the beneficial enterprise.44Conducting
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)mustnot,eitherdirectlyorbyparticipatingwithanassociation, participate with an
unlimited corporation.Note—UndertheStatutoryBodiesFinancialArrangementsAct1982,thecouncilmayneedtheTreasurer’sapprovalbeforeenteringintoparticular
financial arrangements.(3)Anassociationis—(a)a partnership; or(b)a
corporation limited by shares but not listed on a stockexchange; or(c)acorporationlimitedbyguaranteebutnotlistedonastock exchange; orPage 40Current as at [Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 3 The business of the
council[s 45](d)another association of persons that is not a
corporation.(4)Anunlimitedcorporationmeansacorporationwhosemembers have no limit placed on their
liability.(5)Thecouncilparticipateswithanassociationorunlimitedcorporation if
the council—(a)forms,ortakespartinforming,anassociationorunlimited corporation; or(b)becomesamemberofanassociationorunlimitedcorporation;
or(c)takespartinthemanagementofanassociationorunlimited corporation; or(d)acquires or disposes of shares,
debentures or securitiesof an association or unlimited
corporation.45Identifying beneficial
enterprisesThecouncil’sannualreportforeachfinancialyearmustcontain a list of all the beneficial
enterprises that the councilconducted during
the financial year.Division 2Business reform,
includingcompetitive neutrality47What
this division is about(1)ThisdivisionisabouttheapplicationoftheNationalCompetition
Policy Agreements in relation to the significantbusiness activities of the council.(2)Thisincludestheapplicationofthecompetitiveneutralityprinciple if, in
the circumstances, the public benefit (in termsofservicequalityandcost)outweighsthecostsofimplementation.(3)Underthecompetitive neutralityprinciple,anentitythatisconducting a business activity in
competition with the privateCurrent as at
[Not applicable]Page 41
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 3 The business of the council[s
48]sector should not enjoy a net advantage over
competitors onlybecause the entity is in the public
sector.(4)Asignificantbusinessactivityisabusinessactivityofthecouncil
that—(a)isconductedincompetition,orpotentialcompetition,withtheprivatesector(includingoff-streetparking,quarries, sporting facilities, for example);
and(b)meets the threshold prescribed under a
regulation.(5)However,asignificantbusinessactivitydoesnotincludeabusiness activity that is—(a)a building certifying activity;
or(b)a roads activity; or(c)related to the provision of library
services.Note—Abuildingcertifyingactivityorroadsactivityisdealtwithundersection
51.48Ways 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)Commercialisationinvolves
creating a new business unit, thatispartofthecouncil,toconductthesignificantbusinessactivity on a commercial basis.(3)Fullcostpricinginvolvespricingthesignificantbusinessactivityonacommercialbasis,butwithoutcreatinganewbusiness
unit.(4)A regulation may provide for—(a)mattersrelatingtocommercialisationorfullcostpricing; orPage 42Current as at [Not applicable]
City
of Brisbane Act 2010Chapter 3 The business of the
council[s 49](b)anyothermatterrelatingtotheapplicationofthecompetitiveneutralityprincipletothesignificantbusiness
activities of the council.Notauthorised—indicativeonly49Identifying significant business
activitiesThe council’s annual report for each
financial year must—(a)containalistofallthebusinessactivitiesthatthecouncil conducted during the financial
year; and(b)identifythebusinessactivitiesthataresignificantbusiness
activities; and(c)state whether or not the competitive
neutrality principlewas applied to the significant
business activities, and ifthe principle
was not applied, the reason why it was notapplied;
and(d)statewhetheranyofthesignificantbusinessactivitieswere not
conducted in the preceding financial year, i.e.whether there
are any new significant business activities.50Assessing public benefit(1)This
section applies to a new significant business activity thatis
identified in the annual report of the council.(2)The
council must conduct a public benefit assessment of thenew
significant business activity.(3)Apublic benefit assessmentis
an assessment of whether thebenefit to the
public (in terms of service quality and cost) ofapplying the competitive neutrality
principle in relation to asignificant business activity
outweighs the costs of applyingthe competitive
neutrality principle.(4)Thecouncilmustconductthepublicbenefitassessmentbefore the end
of the financial year in which the significantbusiness
activity is first identified in the annual report.(5)ThecouncilmustprepareareportonthepublicbenefitassessmentthatcontainsitsrecommendationsabouttheCurrent as at [Not applicable]Page
43
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 3 The business of the council[s
51]application of the competitive neutrality
principle in relationto the significant business
activity.(6)At a meeting of the council, the
council must—(a)consider the report; and(b)decide,byresolution,whetherornottoapplythecompetitiveneutralityprincipleinrelationtothesignificant business activity.(7)Any resolution that the competitive
neutrality principle shouldnot be applied
must include a statement of the reasons why itshould 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 neutralityprincipleinrelationtothesignificantbusinessactivity,thecouncil must, within 3 years after making
the decision, repeatthe process in this section.(10)Subsection (9)
also applies to a decision that was made beforethe commencement
of this section.51Code of competitive conduct(1)This section is about the code of
competitive conduct.(2)Thecode
of competitive conductis the code of competitiveconductprescribedunderaregulationundertheLocalGovernment
Act.(3)The council must apply the code of
competitive conduct to theconduct of the following business
activities of the council—(a)a building
certifying activity;(b)aroadsactivity,otherthanaroadsactivityforwhichbusinessisconductedonlythroughasolesupplierarrangement.(4)Abuilding certifying activityis a
business activity that—Page 44Current as at
[Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 3 The business of the
council[s 52](a)involvesperformingbuildingcertifyingfunctions(withinthemeaningoftheBuildingAct,section 10);and(b)is prescribed under a
regulation.(5)Aroads
activityis a business activity (other than a
businessactivity prescribed under a regulation) that
involves—(a)constructing or maintaining a
State-controlled road, thatthe State put
out to competitive tender; or(b)submitting a competitive tender in relation
to—(i)constructingormaintainingaroadinBrisbane,that the council
put out to competitive tender; or(ii)constructing or maintaining a road in
another localgovernment area, that the other local
governmentput out to competitive tender.(6)Thecouncilmuststarttoapplythecodeofcompetitiveconduct—(a)for a building certifying
activity—from the start of thefinancialyearafterthefinancialyearinwhichthebuilding certifying activity is first
conducted; or(b)for a roads activity—from when the
roads activity is firstconducted.(7)Thecouncilmustdecideeachfinancialyear,byresolution,whether or not
to apply the code of competitive conduct to abusiness
activity prescribed under a regulation.(8)Ifthecouncildecidesnottoapplythecodeofcompetitiveconducttothebusinessactivity,theresolutionmuststatereasons for not
doing so.(9)Subsection (7) does not prevent the
council from applying thecode of competitive conduct to any
other business activities.52Competitive
neutrality complaints(1)The council must
adopt a process for resolving competitiveneutrality
complaints.Current as at [Not applicable]Page
45
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 3 The business of the council[s
65](2)Acompetitive
neutrality complaintis a complaint that—(a)relates to the failure of the council
to conduct a businessactivityinaccordancewiththecompetitiveneutralityprinciple;
and(b)is made by an affected person.(3)Anaffected
personis—(a)a person
who—(i)competeswiththecouncilinrelationtothebusiness activity; and(ii)claimstobeadverselyaffectedbyacompetitiveadvantage that
the person alleges is enjoyed by thecouncil;
or(b)a person who—(i)wants to compete with the council in
relation to thebusiness activity; and(ii)claimstobehinderedfromdoingsobyacompetitiveadvantagethatthepersonallegesisenjoyed by the council.(4)Aregulationmayprovidefortheprocessforresolvingcompetitive
neutrality complaints.(5)The council does
not have to resolve a competitive neutralitycomplaintrelatingtoabusinessactivityprescribedunderaregulation.Part 4Roads and other infrastructureDivision 1Roads65What this division is about(1)This division is about roads.(2)Aroadis—Page 46Current as at
[Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 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, thedriving 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, aroaddoes
not include—(a)a State-controlled road; or(b)a road, or that part of a road, within
an airport site undertheAirports Act
1996(Cwlth); or(c)a
public thoroughfare easement.66Control 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)makealocallawtoregulatetheuseofroads,including—(i)themovementoftrafficonroads,subjecttotheTransport
Operations (Road Use Management) Act1995;
and(ii)theparkingofvehiclesonroads,subjecttotheTransport
Operations (Road Use Management) Act1995(including the maximum time that a
vehiclemay be parked in a designated rest area that
adjoinsa road, for example); andCurrent as at [Not applicable]Page
47
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 3 The business of the council[s
67](iii)by imposing
obligations on the owner of land thatadjoins a road
(including an obligation to fence thelandtopreventanimalsgoingontheroad,forexample); and(f)makealocallawtoregulatetheconstruction,maintenance and
use of—(i)public utilities along, in, over or
under roads; and(ii)ancillary works
and encroachments along, in, overor under roads;
and(g)realign a road in order to widen the
road; and(h)acquire land for use as a road.(3)Nothinginsubsection (1)makesthecouncilliablefortheconstruction,
maintenance or improvement of a private road.(4)Aprivate roadis a road over
land that is owned by a personwho may lawfully
exclude other persons from using the road.67Notice of intention to acquire land to widen
a road(1)If the council wants to acquire land
in order to widen a road,thecouncilmustgivetheownerofthelandanoticeofintention to acquire land.(2)Anotice of
intention to acquire landinforms the owner ingeneral terms of this section and section
68.(3)However,thecouncilcannot,withouttheconsentofthePlanning and Environment Court, serve
notice of intention toacquire land on an owner of land after
the owner has appliedto 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 ofintentiontoacquireland being
served only if the court is satisfied that the purposePage
48Current as at [Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 3 The business of the
council[s 68]of the notice is
to enable the council to make, in good faith, areasonable
widening of the road.(5)Afterthecouncilgivesanowneranoticeofintentiontoacquire land, the owner must not erect,
place, re-erect, replaceorrepairanystructure,orpartofastructure,onthelandwithout the
council’s permission.(6)Thecouncilmustlodgeacopyofanoticeofintentiontoacquire land with the registrar of titles
for registration on theinstrument of title to the
land.(7)The registrar of titles may register
the notice of intention toacquire land even if the instrument of
title is not produced.68Compensation for
a notice of intention to acquire land(1)This
section applies to a person who is served with a notice ofintention to acquire land, if the person
would be entitled toclaim compensation for the acquisition
of land.(2)The person is entitled to compensation
from the council forinjurious affection to the person’s
interest in the land becauseof the notice of
intention to acquire land.(3)However, the
compensation is not payable until—(a)thelandissoldforthefirsttimeafterthenoticeofintention to acquire land was served;
or(b)after being served with the notice of
intention to acquireland, the owner of the land offers the
land for sale ingoodfaith,butcannotsellthelandforafairandreasonable price.(4)Thecompensationmustbeassessedinaccordancewiththefollowing principles—(a)theamountofcompensationmustrepresentthedifference between—(i)themarketvalueoftheinterestinthelandimmediately after service of the notice of
intentionto acquire land; andCurrent as at
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Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 3 The business of the council[s
69](ii)what would be
the market value of the interest intheland,atthattime,ifthenoticehadnotbeenserved;(b)any
benefit that may accrue, because of the realignmentof
the road, to land adjacent to the land that is affectedbytherealignmentoftheroad,andinwhichtheclaimant has an interest, must be taken into
account;(c)theamountofcompensationmustnotbeincreasedbecause the land that is affected by the
realignment ofthe road has, since the service of the
notice of intentionto acquire land, become or ceased to be
separate fromother land.(5)A
claim for compensation must be made—(a)within3yearsaftertheentitlementtocompensationarose;
and(b)to the chief executive officer in the
approved form.(6)Theclaimistakentohavebeenproperlymadewhentheclaimanthasgiventhecouncilalltheinformationthatthecouncil reasonably requires to decide
the claim.(7)If, within 30 days after the claim is
made, the council has notgiven the claimant written notice of
its decision on the claim,the council is taken to have refused
compensation on the 31stday after the claim is made.69Appeal on a claim for
compensation(1)A person who is aggrieved by the
decision of the council on aclaim for
compensation may appeal against the decision to theLand
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 50Current as at
[Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 3 The business of the
council[s 70](3)However, the Land Court may extend the
period mentioned insubsection (2)ifsatisfiedinallthecircumstancesthatitisreasonable to do
so.(4)Inordertoawardcompensation,theLandCourtmustbesatisfied—(a)if
the land has been sold—(i)thesellertookreasonablestepstoobtainareasonable price for the land; and(ii)the seller sold
the land in good faith; and(iii)thesalepriceislessthanthesellermightreasonably have expected to receive had
there beenno notice of intention to acquire land;
or(b)ifthecouncilrefusedtheownerpermissiontoerect,place, re-erect,
replace or repair any structure, or part ofa structure, on
the land—the permission was applied forin good
faith.70Acquisition of land instead of
compensation(1)After a notice of intention to acquire
land is served, but beforethe land is sold, the council may
acquire the land instead ofpaying
compensation for injurious affection.(2)If,
after a notice of intention to acquire land is served, the
landis cleared of all structures—(a)the council may acquire the land;
and(b)if required by the owner of the land,
the council mustacquire the land.(3)The
acquired land must be dedicated for public use as a roadwithin 3 months after its
acquisition.(4)Compensationfortheacquisitionoftheland,ifnotagreedbetweentheparties,mustbeassessedasatthedateoftheacquisition.Current as at
[Not applicable]Page 51
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 3 The business of the council[s
71]71What is to happen if a realignment is
not carried out(1)This section applies if the council
decides not to proceed withthe realignment
of a road or part of a road after giving a noticeof
intention to acquire land.(2)This section
does not apply to a realignment of road that isnecessarytocomplywiththerequirementsofthecouncilunderaplanningschemeinitsapplicationtoparticulardevelopments in
Brisbane.(3)The council must serve notice of its
decision not to proceed onall owners of land who were served
with a notice of intentiontoacquirelandinconnectionwiththatroadorpartofthatroad.(4)With regard to any of the notices of
intention to acquire landthat were lodged with the registrar of
titles in connection withthat road or part of that road, the
council must—(a)for any notice of intention to acquire
land that has notbeenregistered—withdrawthenoticeofintentiontoacquire land; and(b)for
any notice of intention to acquire land that has beenregistered—lodgewiththeregistraroftitlesforregistration a notice of its decision not to
proceed withthe realignment of the road, or part of the
road.(5)The notice of the council’s decision
must inform the owners ingeneral terms of this section and
section 72.72Compensation if realignment not
carried out(1)This section applies if—(a)the council decides not to proceed
with the realignmentofaroadorpartofaroadaftergivinganoticeofintention to acquire land; and(b)structuralimprovementshavebeenmadeonlandthatadjoinstheroadonthebasisoftheproposedrealignment
being effected.Page 52Current as at
[Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 3 The business of the
council[s 73](2)Thecouncilmustpaytheownerofthelandreasonablecompensation for
the decrease in value of the land because ofthe
decision.(3)Theamountofcompensationisthedifferencebetweenthevalue of the land before and after the
decision.(4)If the council and the owner fail to
agree on the amount ofcompensation, the amount is to be
decided by the Land Court.(5)The provisions
of theAcquisition of Land Act 1967about themaking, hearing
and deciding of claims for compensation forland taken under
that Act apply, with any necessary changesand any changes
prescribed under a regulation, to claims forcompensation
under this section.(6)The council’s decision not to proceed
with the realignment ofa road, or part of a road, does not
give rise to an entitlement tocompensationto,oracauseofactionby,anyowneroroccupier of land or other person other than
under this section.73Acquiring land for use as a
footpath(1)The council may acquire land that
adjoins a road for use as afootpath.(2)Theacquisitionoflandmaybesubjecttoareservation,infavour of the owner of the land, of any of
the following rightsthatthecouncildecides(atorbeforetheacquisition)isappropriate—(a)a
right to the ownership, possession, occupation and useof
any existing structure, room or cellar—(i)ataspecifiedheightabovethelevelofthenewfootpath;
or(ii)ataspecifieddepthbelowthelevelofthenewfootpath;(b)a right—(i)to
erect a structure (in accordance with law) at aspecified height
above the new footpath; andCurrent as at
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Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 3 The business of the council[s
74](ii)to the
ownership, possession, occupation and useof the
structure;(c)a right of support for a structure
mentioned in paragraph(a) or (b).(3)Therightmentionedinsubsection (2)(a)issubjecttothecouncil’s right to enter, and make
structural alterations to, thestructure, room
or cellar that the council considers necessary.74Notice to the council of opening or closing
of roads(1)This section applies if an application
is made under the LandActfortheopeningorclosingofaroadinBrisbanebysomeone 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)TheLand Act
Ministeris the Minister administering the
LandAct.(4)Thenoticemustspecifyadate(noearlierthan1monthorlater than 2 months after the council is
given the notice) on orbefore which the council may object to
the opening or closingof the road.(5)An
objection must fully state the reasons for the objection.(6)TheLandActMinistermusthaveregardtoanyobjectionsproperly made by
the council.(7)If the Land Act Minister decides the
road should be opened orclosed, the Land Act Minister must
give written notice to thecouncil—(a)of
the decision; and(b)if the decision is contrary to the
council’s objection, thereasons for the decision.Page
54Current as at [Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 3 The business of the
council[s 75]75Closing roads(1)The
council may close a road (permanently or temporarily) toall
traffic, or traffic of a particularclass,ifthereisanotherroad or route
reasonably available for use by the traffic.(2)Also, the council may close a road to all
traffic, or traffic of aparticular class—(a)during a temporary obstruction to traffic;
or(b)if it is in the interests of public
safety; or(c)ifitisnecessaryordesirabletoclosetheroadforatemporary purpose (including a fair,
for example).(3)The council must publish notice of the
closing of the road, inthe way that the council considers
appropriate (including onits website, for example).(4)The council may do everything
necessary to stop traffic usingthe road after
it is closed.(5)Ifaroadisclosedtotrafficforatemporarypurpose,thecouncil may permit the use of any part
of the road (includingfortheerectionofanystructure,forexample)ontheconditions the council considers
appropriate.76Temporary 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 theroad to traffic while the road works
are conducted.(2)Thecouncilmaymakeatemporaryroad,throughlandthatadjoins the
road, to be used while the road is being remade orrepaired.(3)However, a council employee or contractor
may enter the landonly if—(a)the
owner or occupier of the land has agreed, in writingthatthecouncilemployeeorcontractormayentertheland; orCurrent as at
[Not applicable]Page 55
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 3 The business of the council[s
77](b)the council has given the owner or
occupier of the landat least 3 days written notice that
states—(i)thenatureoftheroadworksthataretobeconducted; and(ii)the
proposed route of the temporary road; and(iii)an
approximate period when the temporary road isexpected to
remain on the land.(4)Subsection (3)doesnotapplyiftheroadworksmustbeurgently conducted, but the council must
give the owner oroccupier of the land oral notice of the
matters mentioned insubsection (3)(b).(5)The
owner of the land may give the chief executive officer awritten notice that claims compensation for
physical damagecaused by the council entering, occupying or
using the landunder this section.(6)Compensation is not payable unless the chief
executive officerreceives 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 amountthat is decided
by a court.(8)However,thecompensationmustnotbemorethanthecompensation that would have been awarded if
the land hadbeen acquired.77The
Brisbane River(1)This section is about roads that are
over, under, on or in theBrisbane River (river
crossings).Page 56Current as at
[Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 3 The business of the
council[s 78](2)For
this section, theBrisbane Riveris any part of
the BrisbaneRiver that is not within the local
government area of anotherlocal 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)locallawsapplytoarivercrossingasifallofthecrossing were
within Brisbane; and(b)all a river
crossing is taken, for the purpose of any Act,to be a road
within Brisbane.78Road levels(1)The
owner or occupier of land that adjoins a road may givewritten notice to the council requiring it
to advise the owner oroccupier of the permanent level that
is fixed or to be fixed forthe road.(2)Ifthecouncilhasnot,within6monthsafterreceivingthenotice, given the owner or occupier written
advice about thepermanent level of the road, the council is
taken to have fixedthe apparent level of the road when the
notice was given as thepermanent 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)theowneroroccupieroflandthatadjoinstheroadisinjuriously affected by the change;the
council must pay the owner or occupier, or their successorin
title, compensation.(4)The compensation
equals—Current as at [Not applicable]Page
57
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 3 The business of the council[s
79](a)theamountthatisagreedbetweentheowneroroccupier, or their successor in title, and
the council; or(b)if the owner or occupier, or their
successor in title, andthe council can not agree—the amount
that is decidedby the Planning and Environment
Court.79Assessment 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 ishaving, or will
have, a significant adverse impact on aroad in
Brisbane; and(c)the activity is not for—(i)a coordinated project under theState Developmentand Public Works
Organisation Act 1971; or(ii)developmentcategorisedunderthecouncil’splanning scheme
as assessable development for thePlanning Act;
or(iii)a road being
built under the Land Act, section 110.(2)Thecouncilmayrequiretheentitythatisconductingtheactivity to provide information, within a
reasonable time, thatwill enable the council to assess the
impact of the activity onthe road.(3)Afterassessingtheimpactoftheactivityontheroad,thecouncil may decide to do 1 or more of the
following—(a)give the entity a direction about the
use of the road tolessen 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 58Current as at [Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 3 The business of the
council[s 80](4)The
council may require the works to be carried out or theamounttobepaidbeforetheimpactcommencesorintensifies.(5)The
amount of compensation is a debt payable to the counciland
may be recovered in a court.(6)A
regulation for this section—(a)mustcontainaprocessunderwhichthecouncil’sdecision may be
reviewed; and(b)may contain a process for enforcing
the decision.80Categorisation of roadsThe
council must categorise the roads in Brisbane accordingto
the surface of the road.81Roads map and
register(1)The council must prepare and keep up
to date—(a)amapofeveryroad,includingprivateroads,inBrisbane; 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 thecouncil considers appropriate.(3)Thecouncilmustensurethepublicmayviewthemapandregister at its
public office or on its website.(4)On
application and payment of a reasonable fee fixed under aresolution 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 isauthorised for the purpose—Current as at [Not applicable]Page
59
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 3 The business of the council[s
82](i)about the category, alignment and
levels of roads inBrisbane; or(ii)about the fact that the alignment or level
of a roadin Brisbane has not been fixed.82Unauthorised works on roads(1)This section applies to a road in
Brisbane.(2)Apersonmustnot,withoutlawfulexcuse(includingunderanotherAct,forexample),orthewrittenapprovalofthecouncil—(a)carry out works on a road; or(b)interfere with a road or its
operation.Maximum penalty—200 penalty units.(3)Worksdo not include
the maintenance of ancillary works andencroachments,orlandscaping,thatdoesnotinterferewiththe
road or its operation.(4)An approval may
be subject to the conditions decided by thecouncil.(5)A person must not contravene a
condition that applies to theperson 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)Ifthecouncildismantlesoralterstheworks,orfixesanydamage caused by the works, the person must
pay the councilthe reasonable costs incurred by the council
in doing so.Page 60Current as at
[Not applicable]
Notauthorised—indicativeonlyDivision 2City of Brisbane
Act 2010Chapter 3 The business of the council[s
83]Stormwater drains83What
this division is about(1)Thisdivisionisaboutstormwaterdrainsandstormwaterinstallations.(2)Astormwaterdrainisadrain,channel,pipe,chamber,structure,outfallorotherworksusedtoreceive,store,transport or treat stormwater.(3)Astormwater
installationfor a property—(a)isanyroofgutters,downpipes,subsoildrainsorstormwater drain for the property;
but(b)does not include any part of a council
stormwater drain.84Connecting stormwater installation to
stormwater drain(1)Thecouncilmay,bywrittennotice,requiretheownerofaproperty to connect a stormwater
installation for the propertyto a council
stormwater drain in the way, under the conditionsand
within the time stated in the notice.(2)Theway,conditionandtimestatedinthenoticemustbereasonable in the circumstances.(3)Apersonmustnotconnectastormwaterinstallationforaproperty to a council stormwater drain
unless—(a)the council has required the owner of
the property to doso by a written notice under subsection (1);
or(b)the council has given its approval for
the connection.Maximum penalty—165 penalty units.(4)Thecouncilmayimposeconditionsonitsapprovalfortheconnection,includingconditionsaboutthewaytheconnection must be made.(5)Ifapersonconnectsastormwaterinstallationunderarequirementorapprovalofthecouncil,thepersonmustCurrent as at [Not applicable]Page
61
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 3 The business of the council[s
85]complywiththerequirementorapproval,unlesstheownerhas a reasonable
excuse.Maximum penalty—165 penalty units.(6)This section does not apply to a
stormwater installation for apropertythatisanairportsiteundertheAirportsAct1996(Cwlth).85No connecting sewerage to stormwater
drain(1)Theownerofapropertymustnotconnectthesewerageinstallation for
property, or allow the sewerage installation forthe
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)Asewerage
installationis any of the following—(a)an
on-site sewerage facility within the meaning given inthe
Plumbing and Drainage Act;(b)a sewer for a
property or building unit;(c)sanitary
plumbing i.e. any apparatus, fittings, fixtures orpipes that carry sewage to a sanitary
drain;(d)sanitary drainage i.e. any apparatus,
fittings or pipes forcollecting and carrying
discharges—(i)fromfixtures(thataredirectlyconnectedtoasanitary drain)
to an on-site sewerage facility or asewerage
treatment system; or(ii)fromsanitaryplumbingtoanon-siteseweragefacility 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 drainageprinciplesPage 62Current as at [Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 3 The business of the
council[s 85]•for
an on-site sewerage facility—a pipe (other than a soil orwaste pipe) used to carry sewage to or from
the facility(3)Theownerofapropertywhobecomesawarethatthesewerage installation for the property is
connected to any partof—(a)the
stormwater installation for the property; or(b)a
stormwater drain of the council;must,assoonasreasonablypracticable,takeallnecessarystepstodisconnectthefacility,drainageorsewerfromthestormwater installation or
drain.Maximum penalty—165 penalty units.(4)If the sewerage installation for
property is connected to anypart 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 theproperty to perform the work stated in the
notice, within thetime 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,thetimestatedinthenoticemaybelessthan1month but must not be less than 48 hours if
the work stated inthe notice—(a)is
required to stop a serious health risk continuing; or(b)relatestoaconnectionthatiscausingdamagetothecouncil
stormwater drain.(7)The work stated in the notice must be
work that is reasonablynecessary for fixing or otherwise
dealing with the sewerageinstallation, including for
example—(a)work to remedy a contravention of this
Act; orCurrent as at [Not applicable]Page
63
City
of Brisbane Act 2010Chapter 3 The business of the
council[s 86](b)work
to disconnect something that was connected to astormwater drain
without the council’s approval.(8)The
owner must comply with the notice, unless the owner hasa
reasonable excuse.Maximum penalty for subsection (8)—165
penalty units.Notauthorised—indicativeonly86No trade waste or
prohibited substances in stormwaterdrain(1)A person must not put trade waste into
a stormwater drain.Maximum penalty—1,000 penalty units.(2)Tradewasteiswaterbornewastefrombusiness,tradeormanufacturing property, other than—(a)stormwater; and(b)a
prohibited substance.(3)Apersonmustnotputaprohibitedsubstanceintoastormwater drain.Maximum
penalty—1,000 penalty units.(4)Aprohibited substanceis—(a)a solid or
viscous substance in a quantity, or of a size,thatcanobstruct,orinterferewiththeoperationof,astormwater drain; orExamples 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-ladenwastewaterincludingwashdownfromexposed
aggregate concrete surfaces(b)aflammableorexplosivesolid,liquidorgaseoussubstance;
orPage 64Current as at
[Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 3 The business of the
council[s 86](c)sewage, including human waste; or(d)a substance that, given its quantity,
is capable alone, orbyinteractionwithanothersubstanceputintoastormwater drain, of—(i)inhibiting or interfering with the
stormwater drain;or(ii)causingdamageorahazardtothestormwaterdrain; or(iii)causing a hazard
for humans or animals; or(iv)creating a
public nuisance; or(v)creating a hazard in waters; or(vi)contaminatingtheenvironmentinplaceswherestormwater is discharged or reused;
orExample for paragraph (d)—a
substance with a pH lower than 6.0 or greater than 10.0, orhaving another corrosive property(e)a substance that has a temperature of
more than—(i)ifthecouncilhasapprovedamaximumtemperatureforthesubstance—theapprovedmaximum temperature; or(ii)otherwise—38ºC.(5)If—(a)apersonputsaprohibitedsubstanceinacouncilstormwater drain; and(b)theprohibitedsubstancecausesdamagetothestormwater
drain;thecouncilmayperformworktofixthedamage,andmayrecover the reasonable costs for the
work from the person whoput the prohibited substance in the
stormwater drain.(6)The costs for the work are in addition
to any penalty imposedfor the offence.Current as at
[Not applicable]Page 65
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 3 The business of the council[s
87]87Interference with path of
stormwater(1)A person must not restrict or redirect
the flow of stormwaterover land in a way that may cause the
water to collect andbecome stagnant.Maximum
penalty—165 penalty units.(2)However, this
section does not apply to water collected in adam, wetland,
tank or pond, if no offensive material is allowedto
accumulate.Division 3Other
infrastructure88Malls(1)The
council may establish a mall in Brisbane.(2)Thecouncilmustcomplywiththeproceduresprescribedunder a
regulation for establishing a mall.(3)Theregulationmayalsoprovideforanyothermatterconnectedwithmanaging,promotingorusingamall,including for
example—(a)the removal of vehicles from a mall;
and(b)review of a decision relating to the
removal of a vehiclefrom a mall; and(c)matters relating to an advisory committee
for a mall.(4)Apersonisnotentitledtocompensationonaccountofinjuriousaffectiontoanyrightorinterestofabusiness,commercial or
industrial nature because of the establishment,modification or
closing of a mall by the council.(5)However,thecouncilmay,byresolution,decidetopaycompensation to
the person.(6)The Land Act, chapter 4, part 4 does
not apply to a road inBrisbane that is a mall.Page
66Current as at [Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 3 The business of the
council[s 89]89City
Botanic Gardens(1)This section is about the City Botanic
Gardens.(2)TheCity Botanic
Gardensconsist of the reserve for botanicgardens and public park that was established
by the councilunder 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)doanythingthatisnecessaryordesirablefordeveloping, managing, maintaining,
promoting, or usingthe City Botanic Gardens; and(b)permit the use of any part of the City
Botanic Gardens,including the erection of any structure, on
the conditionsit considers appropriate; and(c)do anything incidental to its powers
under paragraph (a)or (b).90Resumption of prescribed land by
council(1)This section applies if—(a)adevelopmentapplicationunderthePlanningActismadeforamaterialchangeofuseotherthanfor‘television station purposes’; or(b)prescribed land is sold or offered for
sale and the councilissatisfiedthelandislikelytobeusedforapurposeotherthantelevisionstationpurposesorrelatedpurposes;
or(c)prescribed land is being used for a
purpose other thantelevision station purposes or related
purposes.(2)Prescribed landis any scheduled
land or trust land under therepealedLand(MtCoot-thaTelevisionStations)SalesAct1986.(3)The council may decide to acquire the
prescribed land eitherbyagreementundertheAcquisitionofLandAct1967orCurrent as at [Not applicable]Page
67
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 3 The business of the council[s
91]compulsorily for a purpose specified in that
Act, if the land isto 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 inadditiontothepowersconferredonthecouncilasaconstructingauthorityundertheAcquisitionofLandAct1967.(5)A decision of the council under
subsection (3) is not subject toappeal.Note—See section 226
for more information.91Ferry
services(1)The council has the exclusive right to
provide a ferry serviceacross a watercourse if the land that
forms both banks of thewatercourse is in Brisbane.(2)Awatercourseis a river,
creek or channel where water flowsnaturally.(3)The
council may—(a)leasetherighttoprovideaferryserviceacrossawatercourse that it has the exclusive right
to provide aferry service across; and(b)make local laws for managing and
regulating the use offerries operated or leased by
it.(4)A regulation may—(a)declareanotherwatercoursethatthecouncilhastheexclusive right to provide a ferry
service across; and(b)provideforanyothermatterconnectedwiththeprovisionofferryservices(includingdeclaringtheapproaches to a ferry as being under
the control of thecouncil, for example).Page 68Current as at [Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 3 The business of the
council[s 92]92Materials in infrastructure are council
property(1)The materials in the following things
are the property of thecouncil—(a)a
road constructed by or for the council;Example of a
road constructed for the council—aroadconstructedbyadeveloperbecauseofaconditionattached to a development approval under the
Planning Act(b)any works relating to a road
(including ducting, gutters,stormwaterdrains,kerbingandchannelling,forexample) 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, constructsa
structure or carries out any works on someone else’s land,the
materials in the structure or works are the property of thecouncil.(3)This
section does not apply to the materials in—(a)an
open drain, other than any lining of the drain; or(b)theoutcomeofactiontakeninaccordancewitharemedial notice under section
130.(4)For subsection (1), it is irrelevant
whether the thing mentionedin the
subsection is on, over or under land that is owned by anentity other than the council.Part
5Caretaker period arrangements92ACaretaker period(1)Thecaretaker periodfor the council
is the period during anelection for the council that—Current as at [Not applicable]Page
69
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 3 The business of the council[s
92B](a)starts on the day when public notice
of the holding oftheelectionisgivenundertheLocalGovernmentElectoral Act
2011, section 25(1); and(b)ends
at the conclusion of the election.(2)Thereisnocaretakerperiodduringaby-electionorfreshelection under
theLocal Government Electoral Act 2011.92BProhibition on
major policy decision in caretaker period(1)The
council must not make a major policy decision during acaretaker period for the council.(2)However,ifthecouncilconsidersthat,havingregardtoexceptional circumstances that apply, it is
necessary to makethemajorpolicydecisioninthepublicinterest,thecouncilmay apply to the
Minister for approval to make the decision.(3)The
Minister may give the approval if the Minister is satisfiedthat, having regard to exceptional
circumstances that apply, itis necessary for
the council to make the major policy decisionin the public
interest.(4)TheMinister’sapprovalmaybegivenonconditionswithwhich the council must comply.92CInvalidity of major policy decision in
caretaker periodwithout approval(1)Amajorpolicydecisionmadebythecouncilduringacaretakerperiodforthecouncilisinvalidtotheextentthecouncil—(a)does
not have the Minister’s approval under section 92Bto
make the decision; or(b)does not comply
with any conditions of the Minister’sapproval under
section 92B(4).(2)A contract is void if it is the
subject of a major policy decisionthat is
invalid.Page 70Current as at
[Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 4 Finances and
accountability[s 92D](3)A
person who acts in good faith in relation to a major policydecision of the council, or in relation to a
contract that is thesubjectofamajorpolicydecision,butwhosufferslossordamagebecauseofanyinvalidityofthedecisionundersubsection (1)orbecausethecontractisvoidundersubsection (2), has a right to be
compensated by the councilfor the loss or damage.(4)Thepersonmaybringaproceedingtorecoverthecompensation in a court of competent
jurisdiction.92DProhibition on election material in
caretaker period(1)Thecouncilmustnot,duringacaretakerperiodforthecouncil, publish
or distribute election material.(2)Election materialis anything able
to, or intended to—(a)influence an elector about voting at
an election; or(b)affect the result of an
election.(3)Theprohibitionundersubsection (1)doesnotapplytomakingahow-to-votecardavailableundertheLocalGovernment
Electoral Act 2011, section 179(6).Chapter 4Finances and accountabilityPart
1Rates and charges93What
this part is about(1)This part is about rates and
charges.(2)Rates and chargesare levies that
the council imposes—(a)on land;
andCurrent as at [Not applicable]Page
71
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 4 Finances and accountability[s
94](b)foraservice,facilityoractivitythatissuppliedorundertaken by—(i)the
council; or(ii)someoneonbehalfofthecouncil(includingagarbage collection contractor, for
example).94Types 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 ratesare for
services, facilities and activities that aresuppliedorundertakenforthebenefitofthecommunityingeneral (rather than a particular
person).Example—General rates
contribute to the cost of roads and library services thatbenefit the community in general.(3)Specialratesandchargesareforservices,facilitiesandactivities that have a special association
with particular landbecause—(a)the
land or its occupier—(i)speciallybenefitsfromtheservice,facilityoractivity; or(ii)hasorwillhavespecialaccesstotheservice,facility or
activity; or(b)thelandisorwillbeusedinawaythatspeciallycontributestotheneedfortheservice,facilityoractivity; or(c)the
occupier of the land specially contributes to the needfor
the service, facility or activity.Page 72Current as at [Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 4 Finances and
accountability[s 95]Examples—Special rates and charges could be
levied—•for the costof
maintainingaroadinanindustrialareathatisregularly used by heavy vehicles•forthecostofreplacingthedrainagesysteminonlypartofBrisbane•on
land that is used only by businesses that would benefit from
thepromotion of tourism in Brisbane.(4)Utility chargesare for a
service, facility or activity for any ofthe following
utilities—(a)waste management, including
recycling;(b)gas;(c)another utility prescribed under a
regulation.(5)Separate rates and chargesare
for any other service, facilityor
activity.95Land on which rates are levied(1)Rates may be levied on rateable
land.(2)Rateable landis any land or
building unit, in Brisbane, that isnot exempted
from rates.(3)The following land is exempted from
rates—(a)unallocated State land within the
meaning of the LandAct;(b)land
that is occupied by the State or a government entity,unless—(i)the
government entity is a GOC or its subsidiary(withinthemeaningoftheGovernmentOwnedCorporations Act 1993) and the
government entityis not exempt from paying rates; or(ii)thelandisleasedtotheStateoragovernmententitybysomeonewhoisnottheStateoragovernment entity;Current as at
[Not applicable]Page 73
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 4 Finances and accountability[s
96](c)land in a State forest or timber
reserve, other than landoccupied under—(i)an
occupation permit or stock grazing permit underthe Forestry
Act; or(ii)a lease under
the Land Act;(d)thefollowinglandundertheTransportInfrastructureAct—(i)strategicportlandthatisoccupiedbyaportauthority, the
State, or a government entity;(ii)existing or new rail corridor land;(iii)commercialcorridorlandthatisnotsubjecttoalease;(e)airportland,withinthemeaningoftheAirportAssets(Restructuring and Disposal) Act 2008,
that is used for arunway, taxiway, apron, road, vacant land,
buffer zoneor grass verge;(f)land
that is exempted from rating—(i)under another Act or a regulation;(ii)byresolutionofthecouncil,forreligious,charitable,
educational or other public purposes.96Power
to levy rates and charges(1)The
council—(a)mustlevygeneralratesonallrateablelandwithinBrisbane; and(b)may
levy—(i)special rates and charges; and(ii)utility charges;
and(iii)separate rates
and charges.(1A)Withoutlimitingsubsection
(1),thecouncilmaycategoriserateable land,
and decide differential rates for rateable land,Page
74Current as at [Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 4 Finances and
accountability[s 97]according to
whether or not the land is the principal place ofresidence of the owner.(2)The
council must decide, by resolution at the council budgetmeeting for a financial year, what rates and
charges are to belevied for that financial year.97Overdue rates and charges are a charge
over rateableland(1)Thissectionappliesiftheownerofrateablelandowesthecouncil 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 lodgingthe following documents with the
registrar of titles—(a)arequesttoregisterthechargeovertheland,intheappropriate form;(b)acertificatesignedbythechiefexecutiveofficerthatstates there is
a charge over the land for overdue ratesand
charges.(4)Afterthechargeisregisteredovertheland,thechargehaspriority over any other encumbrances over
the land, other thanencumbrances in favour of—(a)the State; or(b)a
government entity.(5)Iftheoverdueratesandchargesarepaid,thecouncilmustlodge the following documents with the
registrar of titles—(a)arequesttoreleasethechargeovertheland,intheappropriate form;(b)acertificatesignedbythechiefexecutiveofficerthatstates the
overdue rates and charges have been paid.(6)This
section does not limit any other remedy that the councilhas
to recover the overdue rates and charges (including sellingthe
land, for example).Current as at [Not applicable]Page
75
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 4 Finances and accountability[s
98]98Regulations for rates and
chargesA regulation may provide for any matter
connected with ratesand charges, including for
example—(a)concessions; and(b)the
categorisation of land for rates and charges; and(c)theprocessforrecoveringoverdueratesandchargesincluding by the
sale of the land to which the rates andcharges
relate.Part 2Fees99Cost-recovery fees(1)Thecouncilmay,underalocallaworaresolution,fixacost-recovery fee.(2)Acost-recovery feeis a fee
for—(a)anapplicationfortheissueorrenewalofalicence,permit,registrationorotherapprovalunderalocalgovernment
related law (anapplication fee); or(b)recording a change of ownership of
land; or(c)givinginformationkeptunderalocalgovernmentrelated law;
or(d)seizingpropertyoranimalsunderalocalgovernmentrelated law;
or(e)theperformanceofanotherresponsibilityimposedonthe council under the Building Act or
the Plumbing andDrainage Act.(3)Alocallaworresolutionforsubsection (2)(d)or(e)muststate—(a)the person liable to pay the
cost-recovery fee; and(b)the time within
which the fee must be paid.Page 76Current as at [Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 4 Finances and
accountability[s 100](4)Acost-recoveryfeemustnotbemorethanthecosttothecouncil 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 undera regulation; and(b)if
the council decides, by resolution, that the purpose ofthe
tax benefits Brisbane.(6)The local law or
resolution that fixes an application fee thatincludes a tax
must state the amount, and the purpose, of thetax.(7)If an application fee that includes a
tax is payable in relationto land, the tax applies only in
relation to land that is rateableland.(8)The council may fix a cost-recovery
fee by resolution even ifthe fee had previously been fixed by a
local law.100Register 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) underwhich the
cost-recovery fee is fixed.(3)Also, the register must state—(a)foracost-recoveryfeeundersection
99(2)(a)—theprovisionofthelocalgovernmentrelatedlawunderwhich the
licence, permit, registration or other approvalis issued or
renewed; or(b)foracost-recoveryfeeundersection
99(2)(c)—theprovisionofthelocalgovernmentrelatedlawunderwhich the
information is kept; or(c)foracost-recoveryfeeundersection
99(2)(d)—theprovisionofthelocalgovernmentrelatedlawunderwhich the
property or animals are seized; orCurrent as at
[Not applicable]Page 77
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 4 Finances and accountability[s
101](d)foracost-recoveryfeeundersection
99(2)(e)—theprovisionoftheBuildingActorthePlumbingandDrainage Act under which the
responsibility is imposed.(4)The council must
ensure the public may view the register at itspublic office or
on its website.101Fees on occupiers of land below the
high-water mark(1)This section applies to the occupier
(other than the State or agovernment 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)Thehigh-watermarkistheordinaryhigh-watermarkatspring tides.(3)The
council may, by resolution, levy a fee on the occupier ofthestructurefortheuseofthecouncil’sroadsandotherinfrastructure.(4)For
subsection (3),feeincludes a tax.Part 3Financial planning andaccountability102Statutory Bodies Financial Arrangements Act
applies tocouncil(1)ThecouncilisastatutorybodyfortheStatutoryBodiesFinancial
Arrangements Act.(2)Part 2B of that Act sets out the way
in which that Act affectsthe council’s powers.Page
78Current as at [Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 4 Finances and
accountability[s 103]103Systems of financial management(1)Toensureitisfinanciallysustainable,thecouncilmustestablish a system of financial management
that—(a)ensures regard is had to the sound
contracting principleswhen 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 isfinancially sustainableif the council
is able tomaintainitsfinancialcapitalandinfrastructurecapitaloverthe long
term.(3)Thesound
contracting principlesare—(a)value for money; and(b)open
and effective competition; and(c)thedevelopmentofcompetitivelocalbusinessandindustry; and(d)environmental protection; and(e)ethical behaviour and fair
dealing.(4)Acontractforthesupplyofgoodsorservicesincludesacontract about carrying out
work.(5)To remove any doubt, it is declared
that subsection (1)(a) doesnotrequireequalconsiderationtobegiventoeachofthesound contracting principles.Current as at [Not applicable]Page
79
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 4 Finances and accountability[s
104]104Approval of budget(1)The
council must consider the budget presented by the mayorand,byresolution,adoptthebudgetwithorwithoutamendment.(2)Thecouncilmustadoptthebudgetbeforethestartofthefinancial year to which the budget
relates.Part 4Councillors’
financialaccountability105What
this part is aboutThis part is about councillors’ financial
accountability.106Councillor’s discretionary
funds(1)A councillor must ensure the
councillor’s discretionary fundsare used in
accordance with the requirements prescribed undera
regulation.(2)Discretionary fundsare
funds in the council’s operating fundthat are—(a)budgeted for community purposes;
and(b)allocated by a councillor at the
councillor’s discretion.107Councillors
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 thefinancial year; and(ii)ismadewithouttheapprovalofthecouncilbyresolution.Page 80Current as at [Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 4 Finances and
accountability[s 108](2)The
council must give the public notice of the disbursement ina
newspaper that is circulating generally in Brisbane, within14
days after the disbursement is made.(3)If
the disbursement is not made for a genuine emergency orhardship,thecouncillorswhoknowinglyagreetothedisbursementarejointlyandseverallyliabletopaythecouncil—(a)the
amount of the disbursement; and(b)interest on the amount of the disbursement,
at the rate atwhich interest accrues on overdue rates,
calculated fromthe day of the disbursement to the day of
repayment; and(c)any fees, charges, penalties or other
expenses incurredby the council in relation to the
disbursement.(4)Thoseamountsmayberecoveredasadebtpayabletothecouncil.108Councillors liable for loans to
individuals(1)Thecouncilmustnot,eitherdirectlyorindirectly,makeorguarantee a loan to an
individual.(2)Guarantee a loanincludes provide
a security in connectionwith a loan.(3)The
councillors who knowingly agree to loan the money arejointly 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 whichinterestaccruesonoverduerates,calculatedfromtheday of the borrowing to the day of
repayment; and(c)any fees, charges, penalties or other
expenses incurredby the council in relation to the
loan.(4)Thoseamountsmayberecoveredasadebtpayabletothecouncil.Current as at
[Not applicable]Page 81
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 4 Finances and accountability[s
109]109Councillors liable for improper
borrowings(1)This section applies if the council
borrows money—(a)forapurposethatisnotforthegoodruleandgovernment of Brisbane; or(b)incontraventionofthisActortheStatutoryBodiesFinancial
Arrangements Act.(2)The councillors who knowingly agree to
borrow the moneyare jointly and severally liable to pay the
council—(a)the amount borrowed; and(b)interestontheamountborrowed,attherateatwhichinterestaccruesonoverduerates,calculatedfromtheday of the borrowing to the day of
repayment; and(c)any fees, charges, penalties or other
expenses incurredby the council in relation to the
borrowing.(3)Thoseamountsmayberecoveredasadebtpayabletothecouncil.(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 82Current as at [Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 5 Monitoring and enforcing the
local government related laws[s 110]Chapter 5Monitoring and
enforcingthe local governmentrelated
lawsPart 1The
council110What this part is about(1)The purpose of this part is to allow
the Minister, on behalf ofthe State—(a)togatherinformation(includingunderadirection)tomonitorandevaluatewhetherthecounciloracouncillor—(i)is
performing their responsibilities properly; or(ii)iscomplyingwiththelocalgovernmentrelatedlaws; and(b)if
the information shows the council or councillor is notperformingtheirresponsibilitiesproperly,orisnotcomplying with the local government related
laws—totake remedial action.(2)Remedialactionisactiontoimprovethecouncil’soracouncillor’s performance or compliance
(including directingthe council or councillor to take the
action that is necessary tocomply with a
local government related law, for example).111Decisions under this part are not subject to
appealAdecisionoftheMinisterunderthispartisnotsubjecttoappeal.Note—See
section 226 for more information.Current as at
[Not applicable]Page 83
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 5 Monitoring and enforcing the local
government related laws[s 112]112Gathering informationTomonitorandevaluatethecouncil’soracouncillor’sperformanceandcompliance,thedepartment’schiefexecutive may—(a)examinetheinformationcontainedinthecouncil’srecords and operations; or(b)otherwise carry out an investigation
of the council’s orcouncillor’s performance and
compliance.113Acting on the information
gathered(1)Thissectionappliesiftheinformationgatheredbythedepartment’schiefexecutiveshowsthatthecounciloracouncillor—(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 tothe
Minister.(3)TheMinistermaydirectthecounciloracouncillortotakeaction
to—(a)improve the council’s or councillor’s
performance; or(b)correctthenoncompliancewiththelocalgovernmentrelated
law.(4)If the council does not follow the
direction to the satisfactionof the Minister,
the Minister may publish the way in which thecouncil 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)publishtheinformationinanewspaperthatiscirculating generally in Brisbane;
or(b)directthecounciltopublishtheinformationonitswebsite.Page 84Current as at [Not applicable]
Part
2City of Brisbane Act 2010Chapter 5
Monitoring and enforcing the local government related laws[s
114]The publicNotauthorised—indicativeonlyDivision 1Powers of
authorised personsSubdivision 1Introduction114What
this division is about(1)Thisdivisionisaboutthepowersthatmaybeusedbyanauthorised
person.(2)Anauthorised
personis a person who is appointed under
thisAct to ensure members of the public comply
with the localgovernment related laws.Note—See
chapter 6, part 5 for more information about the appointment
ofauthorised persons.(3)Thepowersofanauthorisedpersonincludethepower,incertain circumstances—(a)to
ask a person for their name and address; and(b)to
enter a property, including private property.(4)Private propertyis a property
that is not a public place.(5)Apublic placeis 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)Anoccupierof a
property includes a person who reasonablyappears to be
the occupier of, or in charge of, the property.Current as at
[Not applicable]Page 85
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 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 thatauthorises that
use of force.115Producing authorised person’s identity
card(1)Anauthorisedpersonmayexerciseapowerunderthisdivision,inrelationtoaperson,onlyiftheauthorisedperson—(a)first produces his or her identity
card for the person toinspect; or(b)hashisorheridentitycarddisplayedsoitisclearlyvisible to the person.(2)However, if for any reason it is not
practicable to comply withsubsection (1),theauthorisedpersonmustproducetheidentity card for the person’s
inspection at the first reasonableopportunity.Subdivision
2Power to require a person’s nameand
address116Power to require a person’s name and
address(1)This section applies if an authorised
person—(a)findsapersoncommittinganinfringementnoticeoffence; or(b)finds a person in circumstances that lead
the authorisedpersontosuspect,onreasonablegrounds,thatthepersonhasjustcommittedaninfringementnoticeoffence; or(c)hasinformationthatleadstheauthorisedpersontosuspect,onreasonablegrounds,thatapersonhasjustcommitted an
infringement notice offence.Page 86Current as at [Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 5 Monitoring and enforcing the
local government related laws[s 117](2)AninfringementnoticeoffenceisanoffenceprescribedundertheStatePenaltiesEnforcementAct1999tobeaninfringement
notice offence.(3)Theauthorisedpersonmayrequirethepersontostatetheperson’s name and address.(4)If the authorised person does so, the
authorised person mustalso warn the person that it is an
offence to fail to state theperson’s name
and address, unless the person has a reasonableexcuse.(5)Theauthorisedpersonmayrequirethepersontogiveevidenceoftheperson’snameoraddressiftheauthorisedperson suspects,
on reasonable grounds, that the person hasgiven a false
name or address.(6)Thepersonmustcomplywithanauthorisedperson’srequirement under subsection (3) or (5),
unless the person hasa reasonable excuse.Maximum penalty—35 penalty units.(7)However,thepersondoesnotcommitanoffenceundersubsection (6), if the person is not proved
to have committedthe infringement notice offence.Subdivision 3Powers to enter
property etc.117Entering a public place that is open
without the need forpermission(1)This
section applies if an authorised person wants to enter apublic place to ensure the public place
complies with the localgovernment related laws.(2)The authorised person may enter the
public place, without thepermissionoftheoccupieroftheplace,iftheplaceisnotclosed to the public (by a locked
gate, for example).Current as at [Not applicable]Page
87
City
of Brisbane Act 2010Chapter 5 Monitoring and enforcing the
local government related laws[s 118]Notauthorised—indicativeonly118Entering private
property with, and in accordance with,the occupier’s
permission(1)An authorised person may enter private
property, that is notclosed to entry by the public (by a
locked gate, for example),in order to ask the occupier of the
property for permission tostayonthepropertyandexercisepowersunderalocalgovernment
related law.(2)Whenaskingtheoccupierforpermission,theauthorisedperson must
inform the occupier—(a)of the purpose
of entering the property; and(b)that
any thing or information that the authorised personfinds 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 mayasktheoccupiertosignadocumentthatconfirmsthattheoccupier 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)thatanythingorinformationthattheauthorisedpersonfindsonthepropertymaybeusedasevidence in court; and(iii)thattheoccupierwasnotobligedtogivethepermission; and(b)that
the occupier gave the authorised person permissionto
enter the property and exercise powers under a localgovernment related law; and(c)thedateandtimewhentheoccupiergavethepermission.(5)Iftheoccupiersignsthedocument,theauthorisedpersonmustimmediatelygiveacopyofthedocumenttotheoccupier.Page 88Current as at [Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 5 Monitoring and enforcing the
local government related laws[s 119](6)If, in any proceedings—(a)aquestionarisesastowhethertheoccupierofaproperty gave permission to allow an
authorised personto stay on the property under this Act;
and(b)a document that confirms the occupier
gave permissionis not produced in evidence;thecourtmayassumethattheoccupierdidnotgivethepermission, unless the contrary is
proved.(7)If the occupier gives permission, the
authorised person maystay on the property and exercise the
powers that the occupierhas agreed to be exercised on the
property.(8)However, the right to stay on the
property—(a)issubjecttoanyconditionsthattheoccupierimposes(includingaboutthetimeswhenthepropertymaybeentered, for example); and(b)may be cancelled by the occupier at
any time.119Entering private property with, and in
accordance with, awarrant(1)An
authorised person may enter private property with, and inaccordance with, a warrant.(2)An authorised person must apply to a
magistrate for a warrant.(3)The application
for the warrant must—(a)beintheformapprovedbythedepartment’schiefexecutive; 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 theauthorised person gives the magistrate
all the information thatthe magistrate requires about the
application, in the way thatthe magistrate
requires.Current as at [Not applicable]Page
89
City
of Brisbane Act 2010Chapter 5 Monitoring and enforcing the
local government related laws[s 119]Notauthorised—indicativeonlyExample—The magistrate
may require additional information in support of theapplication to be given by statutory
declaration.(5)The magistrate may issue the warrant
only if the magistrate issatisfied that there are reasonable
grounds for suspecting—(a)there is a
particular thing or activity that may provideevidenceofanoffenceagainstalocalgovernmentrelated law
(theevidence); and(b)theevidenceisattheplace,ormaybeattheplacewithin the next
7 days.(6)The warrant must state—(a)the evidence for which the warrant is
issued; and(b)thattheauthorisedpersonmay,withnecessaryandreasonablehelpandforce,enterthepropertyandexercise an authorised person’s powers under
this Act;and(c)the hours of the
day or night when the property may beentered;
and(d)the day (within 14 days after the
warrant’s issue) whenthe warrant ends.(7)The
magistrate must keep a record of the reasons for issuingthe
warrant.(8)A warrant is not invalidated by a
defect in the warrant, or incompliancewithsection 120,unlessthedefectaffectsthesubstance of the warrant in a material
particular.(9)As soon as an authorised person enters
private property underawarrant,theauthorisedpersonmustdo,ormakeareasonable 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 toenterthepropertywithoutthepermissionoftheoccupier;Page 90Current as at [Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 5 Monitoring and enforcing the
local government related laws[s 120](b)give any occupier a reasonable
opportunity to allow theauthorisedpersontoimmediatelyenterthepropertywithout using
force.(10)However, the
authorised person does not need to comply withsubsection
(9)iftheauthorisedpersonbelievesthatimmediateentrytothepropertyisrequiredtoensurethewarrant is effectively executed.120Warrants—applications made
electronically(1)An authorised person may make an
electronic application forawarrantiftheauthorisedpersonconsidersitnecessarybecause
of—(a)urgent circumstances; or(b)special circumstances (including the
authorised person’sremote location, for example).(2)Anelectronic
applicationis an application made by phone,fax,radio,email,videoconferencingoranotherformofelectronic communication.(3)Theauthorisedpersonmustprepareanapplicationforthewarrant that states the grounds on
which the warrant is sought,before applying
for the warrant.(4)However,theauthorisedpersonmayapplyforthewarrantbefore the
application is sworn.(5)The magistrate
may issue the warrant only if the magistrate issatisfied
that—(a)it was necessary to make the
application electronically;and(b)the way that the application was made
was appropriatein the circumstances.(6)Ifthemagistrateissuesthewarrant,anditisreasonablypracticabletosendacopyofthewarranttotheauthorisedperson(byfaxoremail,forexample),themagistratemustimmediately do so.Current as at
[Not applicable]Page 91
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 5 Monitoring and enforcing the local
government related laws[s 120](7)If
it is not reasonably practicable to send a copy of the
warrantto the authorised person—(a)the magistrate must—(i)inform the authorised person of the
date and timewhen the magistrate signed the warrant;
and(ii)informtheauthorisedpersonofthetermsofthewarrant;
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 thewarrant;
and(iii)the terms of the
warrant.(8)The copy of the warrant sent to the
authorised person, or thewarrantformproperlycompletedbytheauthorisedperson,authorises the authorised person to enter
the property, and toexercise the powers, mentioned in the
warrant that was signedby the magistrate.(9)Theauthorisedpersonmust,atthefirstreasonableopportunity,
send the magistrate—(a)the sworn
application; and(b)if the authorised person completed a
warrant form—thecompleted warrant form.(10)When
the magistrate receives those documents, the magistratemustattachthemtothewarrantthatwassignedbythemagistrate, and give the warrant to
the clerk of the court.(11)Unlessthecontraryisproven,acourtmustpresumethatapower exercised by an authorised
person was not authorisedby a warrant issued under this section
if—(a)a question arises, in any proceedings
before the court,whethertheexerciseofpowerwasauthorisedbyawarrant; and(b)the
warrant is not produced in evidence.Page 92Current as at [Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 5 Monitoring and enforcing the
local government related laws[s 121]121Entering under an application, permit
or notice(1)This section applies if an authorised
person wants to enter aproperty—(a)to
inspect the property in order to process an applicationmade
under any local government related law; or(b)toinspectarecordthatisrequiredtobekeptforabudget accommodation building under
the Building Act,chapter 7; or(c)to
find out whether the conditions on which a permit ornotice was issued have been complied with;
or(d)to inspect work that is the subject
of, or was carried outunder, a permit or notice.(2)Apermitisanapproval,authorisation,consent,licence,permission,registrationorotherauthorityissuedunderanylocal government related law.(3)Anoticeis a
notice issued under any local government relatedlaw.(4)Theauthorisedpersonmayenterthepropertywithoutthepermission of the occupier of the
property—(a)at any reasonable time during the day;
or(b)at night, if—(i)theoccupierofthepropertyaskstheauthorisedperson to enter
the property at that time; or(ii)theconditionsofthepermitallowtheauthorisedperson to enter
the property at that time; or(iii)the
property is a public place and is not closed tothe
public.(5)However, the authorised person—(a)must,assoonastheauthorisedpersonenterstheproperty, inform any occupier of the
property—(i)of the reason for entering the
property; andCurrent as at [Not applicable]Page
93
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 5 Monitoring and enforcing the local
government related laws[s 122](ii)that
the authorised person is authorised under thisAct to enter the
property without the permission ofthe occupier;
and(b)mayenterahomethatisonthepropertyonlyiftheoccupieroftherelevantpartofthepropertyaccompanies the
authorised person.122Entering property under an approved
inspection program(1)An authorised person may enter a
property (other than a homeon the property)
without the permission of the occupier of theproperty, at any
reasonable time of the day or night, under anapproved
inspection program.(2)Anapproved
inspection programis a program, approved bythe
council, under which an authorised person may enter andinspect properties in Brisbane to ensure the
local governmentrelated laws are being complied with.(3)The council must give, or must make a
reasonable attempt togive, the occupier of the property a
written notice that informsthe 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 bydropping a flyer in the letterbox for the
property.(4)The council must give, or make a
reasonable attempt to give,thewrittennoticetotheoccupierwithinareasonabletimebefore the property is to be entered.(5)The authorised person—(a)must,assoonastheauthorisedpersonenterstheproperty, inform any occupier of the
property—(i)of the reason for entering the
property; andPage 94Current as at
[Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 5 Monitoring and enforcing the
local government related laws[s 123](ii)that the
authorised person is authorised under thisAct to enter the
property without the permission ofthe occupier;
and(b)mayenterabudgetaccommodationbuildingontheproperty only to
monitor compliance with the BuildingAct, chapter
7.123Approving an inspection program(1)The council may, by resolution,
approve the following typesof inspection
programs—(a)a systematic inspection
program;(b)a selective inspection program.(2)Asystematic
inspection programallows an authorised personto
enter and inspect all properties, or all properties of a
certaintype, in Brisbane.(3)Aselective inspection programallows an authorised persontoenterandinspectthosepropertiesinBrisbanethathavebeen selected in
accordance with objective criteria specified inthe
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 ofproperty to be entered and inspected—a
description ofthe type of property; and(d)foraselectiveinspectionprogram—theobjectivecriteriaforselectingthepropertiestobeenteredandinspected; and(e)the
period (of not more than 3 months or another periodprescribed under a regulation) over which
the programis to be carried out.Current as at
[Not applicable]Page 95
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 5 Monitoring and enforcing the local
government related laws[s 123](5)The
council must give the public notice of the approval of aninspectionprogram,atleast14days,butnotmorethan28days, 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 thatapproved the program at the council’s public
office untilthe end of the program;(f)that
a copy of the resolution that approved the programmay
be purchased at the council’s public office until theend
of the program;(g)the price of a copy of the resolution
that approved theprogram.(8)Thepriceofacopyoftheresolutionthatapprovedtheprogrammustbenomorethanthecosttothecouncilofmaking the copy available for
purchase.(9)From the time when the notice is
published in the newspaperuntil the end of the program—(a)thepublicmayviewacopyoftheresolutionthatapproved the program at the council’s public
office; and(b)copies of the resolution that approved
the program mustbe available for purchase at the council’s
public office atthe price stated in the notice.Page
96Current as at [Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 5 Monitoring and enforcing the
local government related laws[s 123A]123AEntry by authorised person, at
reasonable times, toinspect regulated pools(1)Atallreasonabletimes,anauthorisedpersonmayenteraproperty(otherthanahomeontheproperty)withoutpermissionoftheoccupierofthepropertytoinspectaregulatedpool,andbarriersorfencingforthepool,forcompliance with—(a)if,
under the Building Act, the owner of the pool mustensure the pool complies with the pool
safety standardorapartofthestandard—thepoolsafetystandardorpart; or(b)ifparagraph(a)doesnotapply—aprovisionofalawthat
regulates—(i)theconstructionormaintenanceofbarriersorfencing for the pool; or(ii)anothermatterrelatingtothesafetyofpersonsusing the
pool.(2)However,theauthorisedpersonmust,assoonastheauthorised 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 thisAct to enter the
property without the permission ofthe occupier;
and(b)produce his or her identity card for
the occupier of theproperty to inspect.(3)In
this section—pool safety standardsee the Building
Act, section 231D.124General powers after entering a
property(1)This section explains the powers that
an authorised person hasafter entering a property, other than
entering a property—Current as at [Not applicable]Page
97
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 5 Monitoring and enforcing the local
government related laws[s 125](a)to
ask the occupier of the property for permission to stayon
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 onthe property; or(c)copy
a document that is in or on the property; or(d)takesamplesoforfromanythingthatisinorontheproperty;
or(e)take into or onto the property any
persons, equipmentandmaterialsthattheauthorisedpersonreasonablyrequires for
exercising the authorised person’s powers;or(f)require the occupier of the property,
or a person in or ontheproperty,togivetheauthorisedpersonreasonablehelptoexercisetheauthorisedperson’spowersunderparagraphs (a) to (e).(3)Anauthorisedpersonmayexerciseapowerundersubsection (2) only if exercising the power
is necessary for thepurpose related to the entry of the
property.(4)Ifapersonisrequiredtogivereasonablehelpundersubsection
(2)(f),thepersonmustcomplywiththerequirement, unless the person has a
reasonable excuse.Maximum penalty—8 penalty units.(5)If the requirement is to be complied
with by the person givinginformationorproducingadocument,itisareasonableexcuse for the
person to fail to comply with the requirement ifcomplying with the requirement might
incriminate the person.125Authorised person
to give notice of damage(1)This section
applies if—(a)something is damaged by—Page
98Current as at [Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 5 Monitoring and enforcing the
local government related laws[s 126](i)an authorised person, when the
authorised personexercises a power under this division;
or(ii)a person who is
authorised by an authorised personto take action
under this division, when the persontakes 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 noticeof the particulars of the damage to the
person who appears tobe the owner of the thing that was
damaged.(3)However, if for any reason it is not
practicable to do so, theauthorisedpersonmustleavethenotice,inareasonablysecure way and
in a conspicuous position, at the place wherethe thing was
damaged.(4)Theownerofathingincludesapersoninpossessionorcontrol of the thing.(5)If
the authorised person believes the damage was caused by alatent defect in the thing, or other
circumstances beyond theauthorised person’s control, the
authorised person may statethat in the
notice.126Compensation for damage or loss caused
after entry(1)If a person incurs damage or loss
because of the exercise, orpurported
exercise, of a power under this division, the councilmust
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 amountthat is decided by a court.(3)The person may claim the compensation
in—(a)any proceedings for compensation;
orCurrent as at [Not applicable]Page
99
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 5 Monitoring and enforcing the local
government related laws[s 127](b)anyproceedingsbroughtagainstthepersonforanoffence against any local government
related law.(4)A court may order compensation to be
paid only if the court issatisfied it is just to do so in all
the circumstances.(5)Aregulationmayprescribemattersthatmay,ormust,betaken into account by the court when
considering whether it isjust to make the order.(6)Thecourtmaymakeanyorderaboutcoststhatthecourtconsiders
just.Division 2Powers of other
persons127What 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 otherlocal government
related laws, including by complyingwith a remedial
notice.(2)This division explains the
circumstances in which a person isauthorised to
enter a property under this division, namely—(a)inapotentiallydangeroussituation,totakeurgentaction; or(b)totakeactioninrelationtocouncilfacilitiesontheproperty(includingwaterorseweragepipes,forexample); or(c)with(andinaccordancewith)thepermissionoftheoccupier 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)Thefollowingpersonsmayenterapropertyunderthisdivision—Page
100Current as at [Not applicable]
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of Brisbane Act 2010Chapter 5 Monitoring and enforcing the
local government related laws[s 127A](a)if the occupier of the property is not
the owner of theproperty—the owner or the owner’s
employee;(b)a council worker.(4)Acouncil workeris an employee,
or agent, of the council whois authorised by
the council to act under this division.Note—Noteveryemployeeoragentofthecouncilwouldordinarilybeauthorised to act under this
division.(5)However, the council may authorise an
employee or agent toactunderthisdivisiononlyiftheemployeeoragentisappropriatelyqualifiedortrainedtoexerciseapowerorperform a responsibility under this
division.(6)Force must not be used to enter a
property under this division,unlessthepropertyisenteredunderacourtorderthatspecifically
authorises the use of that force.127ANotices for this division(1)Aremedial
noticeis a written notice that requires the
owneroroccupierofapropertytotakeactionunderalocalgovernment
related law in relation to the property (includingfencing a pool, for example).(2)Aremedialnoticemayonlybegivenbythecounciltotheperson who, under a local government
related law, is requiredto take the action stated in the
notice.(3)Areasonable entry
noticeis a written notice about a proposedentry 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)thedaysandtimeswhenthepropertyistobeentered;
and(b)is given to the owner or occupier of
the property at least7 days before the property is proposed
to be entered.Current as at [Not applicable]Page
101
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 5 Monitoring and enforcing the local
government related laws[s 128](4)A
remedial notice and a reasonable entry notice may not becombined unless—(a)theownerofthepropertyisalsotheoccupieroftheproperty; or(b)the
occupier of the property is the person who, under alocalgovernmentrelatedlaw,isrequiredtotaketheaction stated in the remedial notice.(5)Anoticegivenunderthisdivisionincontraventionofthissection is of no
effect.128Identity card for use under this
division(1)Thecouncilisnotrequiredtogiveacouncilworkeranidentity card unless the worker is
exercising a power of entryunder this
division.(2)This section does not stop a single
identity card being issuedto a person for this Act and for
another purpose.(3)A person who stops being a council
worker must return theperson’sidentitycardtothecouncilwithin21daysafterstoppingbeingacouncilworker,unlessthepersonhasareasonable excuse.Maximum penalty
for subsection (3)—10 penalty units.129Entry
with, and in accordance with, permission ofoccupier(1)Any person may enter a property with
the permission of theoccupier of the property.(2)However, the right to enter the
property—(a)issubjecttoanyconditionsthattheoccupierimposes(includingaboutthetimeswhenthepropertymaybeentered, for example); and(b)may be cancelled by the occupier at
any time.Page 102Current as at
[Not applicable]
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of Brisbane Act 2010Chapter 5 Monitoring and enforcing the
local government related laws[s 130]130Entry by an owner, with reasonable
entry notice, under aremedial notice(1)This
section applies if—(a)thecouncilgivesaremedialnoticetotheownerofaproperty;
and(b)the owner is not the occupier of the
property.(2)After the owner gives a reasonable
entry notice to the occupierof the property,
the owner or the owner’s agent may—(a)enter the property at the times stated in
the reasonableentry notice; and(b)taketheactionthatisrequiredundertheremedialnotice.(3)If the occupier asks to inspect the
remedial notice, the ownermust allow the occupier to inspect the
remedial notice.(4)This section does not affect any
rights that the owner has apartfrom this
section.131Occupier 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 isrequired under a remedial notice; or(ii)topaymoneythatispayableinrelationtothepropertyunderalocalgovernmentrelatedlaw(including rates, for example);
and(b)theoccupierofthepropertyisnottheowneroftheproperty.(2)The
occupier of the property may—(a)take
the action that is required, and recover the amountthattheoccupierproperlyandreasonablyincursintaking the action as a debt payable by
the owner; orCurrent as at [Not applicable]Page
103
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 5 Monitoring and enforcing the local
government related laws[s 132](b)pay
the money that is payable, and recover the money asa
debt payable by the owner.(3)Forexample,iftheoccupieristheowner’stenant,theoccupiermaydeductthemoneyfromanyrentthattheoccupierowestheowner,withoutbeinginbreachofthetenancy agreement.132Entry
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 theoccupier of a property (theresponsible person); and(b)the responsible person fails to take
the action requiredunder the remedial notice.(2)After giving a reasonable entry notice
to the occupier of theproperty, a council worker may—(a)enter the property (other than a home
on the property)without the permission of the occupier;
and(b)taketheactionthatisrequiredundertheremedialnotice.(3)However,thecouncilworkermust,assoonasthecouncilworker 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 Actto enter the
property without the permission of theoccupier;
and(b)produce his or her identity card for
the occupier of theproperty to inspect.(4)The
council may recover the amount that the council properlyand
reasonably incurs in taking the action as a debt payable bythe
person who failed to take the action.Page 104Current as at [Not applicable]
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of Brisbane Act 2010Chapter 5 Monitoring and enforcing the
local government related laws[s 133](5)Interest is payable on the debt at the
same rate that interest ispayable on overdue rates levied by the
council.(6)The council must give the person who
failed to take the actionwritten notice of the amount of the
debt.(7)Subsection (8)appliesifthepersonwhofailedtotaketheaction is the owner of the property.(8)Ifthedebtisnotpaidwithin30daysafterthedateofthewritten notice, the council may
recover the debt as if the debtwere overdue
rates.133Entry by a council worker, with
reasonable entry notice,to take materials(1)This
section applies if, in the circumstances, the council hasnootherreasonablypracticablewayofobtainingmaterialsother than by removing the materials from
relevant land.(2)Relevant landmeans 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 outsideof Brisbane—outside of Brisbane; or(c)ifthecouncilmayexerciseapowerinanotherlocalgovernment’s area for the purpose of a joint
governmentactivity—within the other local government’s
area.(3)Protected landis land that
is—(a)thesiteof,orcurtilagearound,ahomeorotherstructure;
or(b)a court, lawn, park, planted walk or
avenue or yard; or(c)undercultivation(includingagarden,nurseryorplantation, for example); or(d)a State forest or timber reserve under
the Forestry Act;or(e)aprotectedareaundertheNatureConservationAct1992.Current as at [Not applicable]Page
105
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 5 Monitoring and enforcing the local
government related laws[s 134](4)After giving a reasonable entry notice to
the owner and theoccupier of the rateable land, a council
worker may—(a)enter the land without the permission
of the occupier ofthe land; and(b)search for materials that the council
requires to performits responsibilities; and(c)remove the materials from the
land.Example—The council may
remove dirt from the land for use in mopping up an oilspill on a neighbouring road to prevent the
oil entering a stormwaterdrain.(5)However,thecouncilworkermust,assoonasthecouncilworker 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 Actto enter the
property without the permission of theoccupier;
and(b)produce his or her identity card for
the occupier of theproperty to inspect.(6)The
council worker must not search for, or remove materialsfrom,within50mofanystructureorworksontheland(including a
home, bridge, dam or wharf, for example).134Entry
by a council worker, at reasonable times, to repairetc.
facilities(1)At all reasonable times, a council
worker may enter a property(other than a
home on the property) without the permission ofthe occupier of
the property—(a)to investigate the future installation
of council facilitieson, over or under the property;
or(b)toinstallcouncilfacilitieson,overorundertheproperty; orPage 106Current as at [Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 5 Monitoring and enforcing the
local government related laws[s 135](c)to inspect, maintain, operate, repair,
replace or removecouncil facilities, that are on, over or
under the property,for their routine operations.(2)Council facilitiesare facilities
that are installed by the council(including
sewerage pipes, for example).(3)However,thecouncilworkermust,assoonasthecouncilworker 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 Actto enter the
property without the permission of theoccupier;
and(b)produce his or her identity card for
the occupier of theproperty to inspect.135Entry
by a council worker, at any time, for urgent action(1)A council worker may enter a property
(other than a home ontheproperty),atanytimewithoutthepermissionoftheoccupier of the property, in a
potentially dangerous situationto take urgent
action for local government purposes.Example—A
council worker may enter a property to cut down a tree that
wasblown over in a storm and is in danger of
falling and injuring someoneor damaging
property.(2)However,thecouncilworkermust,assoonasreasonablypracticable
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 Actto enter the
property without the permission of theoccupier;
and(b)produce his or her identity card for
the occupier of theproperty to inspect.Current as at
[Not applicable]Page 107
City
of Brisbane Act 2010Chapter 5 Monitoring and enforcing the
local government related laws[s 136]Notauthorised—indicativeonly136Entry with, and
in accordance with, a court order(1)A
person may enter a property with, and in accordance with, acourt order made under this section.(2)The person must apply to a magistrate
for the court order.(3)The application
must—(a)beintheformapprovedbythedepartment’schiefexecutive; 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 theapplication
to—(a)ifthepersonisnottheowneroftheproperty—theowner of the
property; and(b)the occupier of the property.(5)The magistrate may refuse to consider
the application until thepersongivesthemagistratealltheinformationthatthemagistrate requires about the
application in the way that themagistrate
requires.Example—Themagistratemayrequireadditionalinformationsupportingtheapplication to be given by statutory
declaration.(6)Ifthemagistrateissatisfiedthatentrytothepropertyisnecessary to allow the person to take action
under any of thelocal government related laws, the
magistrate may make thecourt order.(7)The
court order must—(a)direct the occupier of the property to
allow the person toenter the property and take all action that
is necessaryunder any local government related law;
and(b)statethehoursofthedayornightwhenthepropertymay be entered;
and(c)statetheday(within14daysafterthecourtorderismade) when the court order
ends.Page 108Current as at
[Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 5 Monitoring and enforcing the
local government related laws[s 137](8)Ifthepersonwhoappliedforthecourtorderisacouncilworker, the court order may authorise the
council worker tousenecessaryandreasonablehelpandforcetoentertheproperty.(9)The
magistrate must record the reasons for making the courtorder.(10)Assoonasthepersonentersthepropertyunderthecourtorder, 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 orderto enter the
property without the permission of theoccupier;(b)if the court order authorises the
person to use force toentertheproperty—givetheoccupierareasonableopportunity to
allow the person to immediately enter theproperty without
using force.137Compensation for damage or loss
caused(1)A council worker who enters a
property—(a)must not cause, or contribute to,
damage to any structureor works on the property; and(b)musttakeallreasonablestepstoensuretheworkercausesaslittleinconvenience,anddoesaslittleotherdamage, as is practicable in the
circumstances.(2)If a person incurs damage or loss
because of the exercise, orpurported
exercise, of a power under this division (includingthe
loss of the value of materials removed from a property, orthe
reduction in the value of the property, for example), thecouncil must pay the person
compensation.(3)The compensation equals—Current as at [Not applicable]Page
109
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 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 amountthat is decided
by a court.(4)Thecourtmaymakeanyorderaboutcoststhatthecourtconsiders
just.138Limitation of time in absence of
notice of work done(1)This section applies if work is done
on a property without anapproval that is required under a
local government related law.(2)Forthepurposesofanylimitationoftimefortakinganyproceedings or doing anything else about the
work, the workis taken to have been done when a council
worker first findsout about the work.Part 3Investigation of council recordsDivision 1Introduction139What
this part is aboutThis part is about investigations conducted
by the departmentor the council into the accuracy of the
council’s registers orrecords that are required to be kept
under this Act.Division 2Investigations
by department140Producing authorised officer’s
identity card(1)This section applies if the
department’s chief executive directsan authorised
officer to exercise a power under this division.(2)The authorised officer may exercise
the power, in relation to aperson, only if
the officer—Page 110Current as at
[Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 5 Monitoring and enforcing the
local government related laws[s 141](a)first produces his or her identity
card for the person toinspect; or(b)hashisorheridentitycarddisplayedsoitisclearlyvisible to the person.141Making of inquiries for department(1)Thissectionappliesifthedepartment’schiefexecutivesuspects or
believes, on reasonable grounds, that informationincludedinaregisterorrecordofthecouncilisincorrectbecause of an
error or omission.(2)Anauthorisedofficer,ifdirectedbythedepartment’schiefexecutive,maymakeallinquiriesthechiefexecutiveconsiderstobereasonabletofindoutwhetherandtowhatextent the
register or record is incorrect.142Power
to require information or document for departmentinvestigation(1)Thissectionappliesifthedepartment’schiefexecutivesuspects or
believes, on reasonable grounds, that—(a)either or both of the following
apply—(i)information included in a register or
record of thecouncilisincorrectbecauseofanerrororomission;(ii)anoffenceagainstthisActhasbeencommittedrelating to a register or record; and(b)a person—(i)isabletogiveinformationabouttheerror,omission or
offence; or(ii)holds a document
relating to the error, omission oroffence.(2)Thedepartment’schiefexecutiveor,ifdirectedbythedepartment’schiefexecutive,anauthorisedofficermayCurrent as at [Not applicable]Page
111
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 5 Monitoring and enforcing the local
government related laws[s 143]requirethepersontogivetheinformationorproducethedocument.(3)Whenmakingtherequirement,thedepartment’schiefexecutive or authorised officer must warn
the person it is anoffencetofailtocomplywiththerequirementunlesstheperson has a reasonable excuse.(4)Thepersonmustcomplywiththerequirementunlesstheperson has a reasonable excuse.Maximum penalty—40 penalty units.(5)Ifthepersonisanindividual,itisareasonableexcuseforfailingtocomplywiththerequirementthatgivingtheinformationorproducingthedocumentmighttendtoincriminate the person.(6)It
is a defence in a prosecution under subsection (4) that theinformationordocumentsoughtbythedepartment’schiefexecutiveorauthorisedofficerisnotrelevanttotheerror,omission or offence.(7)If
the person produces the document to the department’s chiefexecutiveorauthorisedofficer,thechiefexecutiveorofficer—(a)maykeepthedocumenttotakeanextractfromitormake a copy of
it; and(b)mustreturnthedocumenttothepersonassoonaspracticable after taking the extract or
making the copy.Division 3Investigations
by council143Producing authorised person’s identity
card(1)This section applies if the chief
executive officer directs anauthorised
person to exercise a power under this division.(2)The
authorised person may exercise the power, in relation toanother person, only if the authorised
person—Page 112Current as at
[Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 5 Monitoring and enforcing the
local government related laws[s 144](a)firstproduceshisorheridentitycardfortheotherperson to inspect; or(b)hashisorheridentitycarddisplayedsoitisclearlyvisible to the other person.144Making of inquiries for council(1)This section applies if the chief
executive officer suspects orbelieves, on
reasonable grounds, that information included ina
register or record of the council is incorrect because of anerror or omission.(2)Thechiefexecutiveofficeror,ifdirectedbythechiefexecutive
officer, an authorised person may make all inquiriesthe
chief executive officer considers to be reasonable to findoutwhetherandtowhatextenttheregisterorrecordisincorrect.145Power
to require information or document for councilinvestigation(1)This
section applies if the chief executive officer suspects orbelieves, on reasonable grounds,
that—(a)either or both of the following
apply—(i)information included in a register or
record of thecouncilisincorrectbecauseofanerrororomission;(ii)anoffenceagainstthisActhasbeencommittedrelating to a register or record; and(b)a person—(i)isabletogiveinformationabouttheerror,omission or
offence; or(ii)holds a document
relating to the error, omission oroffence.Current as at [Not applicable]Page
113
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 5 Monitoring and enforcing the local
government related laws[s 146](2)Thechiefexecutiveofficeror,ifdirectedbythechiefexecutive
officer, an authorised person may require the personto
give the information or produce the document.(3)When
making the requirement, the chief executive officer orauthorised person must warn the person it is
an offence to failtocomplywiththerequirementunlessthepersonhasareasonable excuse.(4)Thepersonmustcomplywiththerequirementunlesstheperson has a reasonable excuse.Maximum penalty—40 penalty units.(5)Ifthepersonisanindividual,itisareasonableexcuseforfailingtocomplywiththerequirementthatgivingtheinformationorproducingthedocumentmighttendtoincriminate the person.(6)It
is a defence in a prosecution under subsection (4) that theinformation or document sought by the chief
executive officeror authorised person is not relevant to the
error, omission oroffence.(7)Ifthepersonproducesthedocumenttothechiefexecutiveofficer or authorised person, the chief
executive or authorisedperson—(a)maykeepthedocumenttotakeanextractfromitormake a copy of
it; and(b)mustreturnthedocumenttothepersonassoonaspracticable after taking the extract or
making the copy.146Referral to department(1)This section applies if, because of
inquiries made under thisdivision, the chief executive officer
concludes on reasonablegrounds that an offence has been
committed under this Actrelating to a register or
record.(2)Thechiefexecutiveofficermustreportthechiefexecutiveofficer’s conclusion, including the reasons
for the conclusion,to the department’s chief executive.Page
114Current as at [Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 5 Monitoring and enforcing the
local government related laws[s 147](3)Subsection (2)doesnotlimitanydutythechiefexecutiveofficermayhaveundertheCrimeandCorruptionActtonotify the CCC of any complaint,
information or matter thatthe chief executive officer suspects
involves, or may involve,corrupt conduct under that Act.147Chief executive officer not subject to
directionThe chief executive officer is not subject
to direction by themayor in acting under this division.Part
4Offences148Obstructing enforcement of this Act or local
laws etc.(1)Apersonmustnotobstructanofficialintheexerciseofapower under this Act or a local law,
unless the person has areasonable excuse.Maximum
penalty—50 penalty units.(2)Anofficialis 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 ofa power under chapter 5, part 2,
division 2, unless the personhas a reasonable
excuse.Maximum penalty—50 penalty units.Current as at [Not applicable]Page
115
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 5 Monitoring and enforcing the local
government related laws[s 149]Notes—1Councilworkersareonlythoseemployeesandagentsofthecouncil who are authorised to act
under chapter 5, part 2, division2.2In particular circumstances a council
worker may enter a propertyand carry out
work or obtain materials in compliance with chapter5,
part 2, division 2.(4)If a person has obstructed an official
or council worker and theofficial or worker decides to proceed
with the exercise of thepower, the official or worker must
warn the person that—(a)it is an offence
to obstruct the official or worker, unlessthe person has a
reasonable excuse; and(b)the official or
worker considers the person’s conduct anobstruction.(5)Apersonmustnotpulldown,damage,defaceordestroyaboard 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.149Impersonating an authorised
personA person must not pretend to be an
authorised person.Maximum penalty—50 penalty units.150Duty to make documents
availableA person who has charge of a document owned
or held by thecouncilmustnotobstructtheviewingorcopyingofthedocumentbyanotherpersonwhoisauthorisedtovieworcopy
the document under this Act.Examples—•preventingacouncillorfromcopyingacouncilrecordundersection
172•preventing the public from viewing a
record under section 183A(2)Maximum
penalty—10 penalty units.Page 116Current as at
[Not applicable]
Chapter 6City of Brisbane
Act 2010Chapter 6 Administration[s 151]AdministrationNotauthorised—indicativeonlyPart
1Introduction151What
this chapter is about(1)This chapter
contains provisions about—(a)personswhoareelectedorappointedtoperformresponsibilities
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
2CouncillorsDivision 1Qualifications of councillors152Qualifications of councillorsA
person is qualified to be a councillor of the council only
ifthe person—(a)is
an adult Australian citizen; and(b)resides in Brisbane; and(c)is,
under the Electoral Act, enrolled on an electoral rollfor
an electoral district in Brisbane; and(d)is
not disqualified from being a councillor because of asection in this division.Current as at [Not applicable]Page
117
City
of Brisbane Act 2010Chapter 6 Administration[s
153]Note—See theLocal Government Electoral Act 2011,
section 26 aboutwho may be nominated as a candidate, or for
appointment, as acouncillor.Notauthorised—indicativeonly153Disqualification
for certain offences(1)A person can not
be a councillor—(a)after the person is convicted of a
treason offence, unlessthe person is pardoned for the treason
offence; or(b)for 10 years after the person is
convicted of an electoraloffence; or(c)for7yearsafterthepersonisconvictedofabriberyoffence;
or(d)for 4 years after the person is
convicted of an integrityoffence.(2)Atreasonoffenceisanoffenceoftreason,seditionorsabotageunderthelawofQueensland,anotherStateortheCommonwealth.(3)Anelectoral offenceis—(a)adisqualifyingelectoraloffenceundertheElectoralAct; or(b)anoffencethatwouldbeadisqualifyingelectoraloffencehadtheconvictionbeenrecordedafterthecommencementoftheElectoralandOtherActsAmendment Act 2002.(4)Abribery
offenceis an offence against—(a)section 98C of the Criminal Code; or(b)acorrespondinglawofanotherStateortheCommonwealth.(5)Anintegrity offenceis an offence
against—(a)section 173,173A(2)or(3),177C(2),177E(2)or(5),177H, 177I(2) or
(3) or 215; orPage 118Current as at
[Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 6 Administration[s
154](b)section 173B(2), if the person is
convicted of an offenceto which paragraph (a) of the penalty
applies; or(c)section 98B, 98E or 98G(a) or (b) of
the Criminal Code.(6)Apersonautomaticallystopsbeingacouncillorwhentheperson 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 isdismissed,
struck out or discontinued; or(b)if
the person does not appeal the conviction—at the endofthetimewithinwhichanappealmustbylawbestarted.154Disqualification of prisoners(1)Apersoncannotbeacouncillorwhilethepersonisaprisoner.(2)Aprisoneris a person
who—(a)is serving a period of imprisonment;
or(b)is liable to serve a period of
imprisonment, even thoughthepersonhasbeenreleasedfromimprisonment(onparole or leave of absence, for example);
or(c)would be serving a term of
imprisonment had the termof imprisonment not been suspended
under thePenaltiesand Sentences
Act 1992, section 144.(3)Apersonautomaticallystopsbeingacouncillorwhentheperson becomes a prisoner.Current as at [Not applicable]Page
119
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 6 Administration[s 155]155Disqualification because of other high
office(1)Apersoncannotbeacouncillorwhilethepersonisagovernment member.(2)Agovernment memberis—(a)a member of a Parliament of the
Commonwealth or aState (including Queensland); or(b)a councillor of a local government of
another State.(3)Apersonautomaticallystopsbeingacouncillorwhentheperson becomes a government
member.156Disqualification during
bankruptcy(1)Apersoncannotbeacouncillorwhilethepersonisabankrupt.(2)A
person is abankruptif, under a
bankruptcy law—(a)the person is an undischarged
bankrupt; or(b)the person has executed a deed of
arrangement, and theterms of the deed have not been fully
complied with; or(c)the person’s creditors have accepted a
composition, andafinalpaymenthasnotbeenmadeunderthecomposition.(3)Abankruptcy lawis—(a)theBankruptcy Act
1966(Cwlth); or(b)a
corresponding law of another jurisdiction, including ajurisdiction outside Australia.(4)Apersonautomaticallystopsbeingacouncillorwhentheperson becomes a bankrupt.157Judicial review of
qualifications(1)Any person who is entitled to vote in
a council election mayapplyforajudicialreviewoftheeligibility,orcontinuedPage 120Current as at [Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 6 Administration[s
158]eligibility, of a person to be a councillor
on the basis that theperson is disqualified under this
division.(2)This section does not limit the
Judicial Review Act.158Acting as councillor without
authorityApersonmustnotactasacouncillorifthepersonknowsthat—(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 2Councillor’s
term of office159When a councillor’s term startsA
councillor’s term starts on—(a)if
the councillor is elected—the day after the conclusionof
the councillor’s election; or(b)ifthecouncillorisappointed—thedayonwhichthecouncillor is appointed.160When
a councillor’s term endsA councillor’s term ends—(a)if the councillor is elected at
quadrennial elections forthe council or at a fresh election—at
the conclusion ofthe next quadrennial elections; or(b)ifthecouncilloriselectedatafreshelectionandadeclarationisalsomadeunderaregulation—attheconclusionofthequadrennialelectionsafterthenextquadrennial
elections; orCurrent as at [Not applicable]Page
121
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 6 Administration[s 160A](c)if the councillor is elected or
appointed to fill a vacancyintheofficeofanothercouncillor—attheendoftheother councillor’s term; or(d)when the councillor’s office becomes
otherwise vacant.Note—See section 162
for an explanation of when this happens.160ACompulsory leave without payA
councillor must take leave without pay for the duration ofthe
period for which the councillor is a candidate, within themeaning of the Electoral Act, for election
as a member of theLegislative Assembly.Division 3Vacancies in councillor’s office161What this division is about(1)Thisdivisionisaboutwhenacouncillor’sofficebecomesvacant, 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 ofanother councillor; and(b)ifthevacancyisinthe
officeofanothercouncillor—whether the
office becomes vacant during the beginning,middle or end of
the council’s term.(3)Thebeginningofthecouncil’stermistheperiodof12months that—(a)startsonthedaywhenthelastquadrennialelectionswere
held; and(b)ends on the day before the first
anniversary of the lastquadrennial elections.(4)Themiddleof
the council’s term is the period of 24 monthsthat—Page
122Current as at [Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 6 Administration[s
162](a)startsonthefirstanniversaryofthelastquadrennialelections;
and(b)endsonthedaybeforethefinalpartofthecouncil’sterm
starts.(5)Thefinal
partof the council’s term is the period
that—(a)starts36monthsafterthelastquadrennialelectionswere
held; and(b)ends on the day before the next
quadrennial elections areheld.162When
a councillor’s office becomes vacantA councillor’s
office becomes vacant if the councillor—(a)ceases to be qualified to be a councillor
under division1; or(b)isfound,onajudicialreview,tobeineligibletocontinue to be a councillor; or(c)does not comply with section 169;
or(d)is absent, without the council’s
leave, from 2 or moreconsecutiveordinarymeetingsofthecounciloveratleast 2 months; or(e)resigns as a councillor by signed notice of
resignationgiven to the chief executive officer;
or(f)dies; or(g)becomes a council employee.163When a vacancy in an office must be
filled(1)Thissectionexplainswhenavacantofficeofacouncillor(including the
mayor) must be filled.(2)Ifacouncillor’soffice(otherthanthemayor’soffice)becomesvacant12monthsormorebeforequadrennialelectionsarerequiredtobeheld,thecouncilmustfillthevacant office.Current as at
[Not applicable]Page 123
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 6 Administration[s 164](3)Ifthemayor’sofficebecomesvacantbeforequadrennialelectionsarerequiredtobeheld,thecouncilmustfillthevacant office.(4)The
council must fill the vacant office within 2 months afterthe
office becomes vacant.(5)If the council
does not do so, the Governor in Council mayappoint a
qualified person to fill the vacant office.(6)Ifacouncillor’soffice(otherthanthemayor’soffice)becomesvacantwithin3monthsofwhenquadrennialelections are
required to be held, the council may decide notto fill the
vacant office.164Filling a vacancy in the office of
mayor(1)This section applies if the council is
to fill a vacant office of amayor.(2)The vacant office must be filled
by—(a)if the mayor’s office becomes vacant
12 months or lessbefore quadrennial elections are required to
be held—the council appointing, by resolution,
another councillorto the office; or(b)otherwise—a by-election.165Acting 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 isprevented,byabsenceortemporaryincapacity,fromacting as the mayor; orPage 124Current as at [Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 6 Administration[s
166](b)themayoranddeputymayorarebothprevented,byabsenceortemporaryincapacity,fromperformingtherole
of mayor; or(c)theofficesofboththemayoranddeputymayorarevacant;the council may,
by resolution, appoint an acting mayor fromits
councillors.(3)Thecouncilmay,byresolution,declarethattheofficeofdeputy mayor is vacant.(4)Theresolutionmaybepassedonlyifwrittennoticeoftheresolution has
been given to the councillors at least 14 daysbefore the
meeting.(5)Ifthecouncildeclaresthattheofficeofdeputymayorisvacant,itmustimmediatelyappointanotherdeputymayorfrom its
councillors.166Filling a vacancy in the office of
another councillor(1)This section applies if the council is
to fill a vacant office of acouncillor
(theformer councillor) who is not the
mayor.(2)If the office becomes vacant during
the beginning or middle ofthecouncil’sterm,thevacantofficemustbefilledbyaby-election.(3)Iftheofficebecomesvacantduringthefinalpartofthecouncil’s term,
the vacant office must be filled by the councilappointing, by
resolution, a person who is—(a)qualified to be a councillor; and(b)iftheformercouncillorwaselectedorappointedtoofficeasapoliticalparty’snominee—thepoliticalparty’s nominee.(4)Ifthepersonwhoistobeappointedistobethepoliticalparty’s nominee,
the chief executive officer must request thepoliticalpartytoadvisethefullnameandaddressofitsnominee.Current as at
[Not applicable]Page 125
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 6 Administration[s 167](5)Therequestmustbemadebyawrittennoticegiventothepoliticalparty’sregisteredofficer,within14daysaftertheoffice becomes vacant.(6)If the person who is to be appointed
need not be a politicalparty’s nominee, the chief executive
officer must, within 14daysaftertheofficebecomesvacant,invitenominationsfrom—(a)anypersonwhoisqualifiedtobeacouncillor,bywritten notice published—(i)inanewspaperthatiscirculatinggenerallyinBrisbane; and(ii)on
the council’s website; and(b)each person who
was a candidate for the office of theformercouncilloratthelastquadrennialelectionsforthe council, by written notice.(7)If the chief executive officer
receives any nominations fromqualifiedpersonsorcandidates,thecouncilmustfillthevacantofficebyappointingoneofthosepersonsorcandidates.Division 4Councillors with other jobs167Councillors and council jobsIf a
person becomes a councillor while the person is a councilemployee, the person is taken to have
resigned as a councilemployee on the day before the person
becomes a councillor.Division 5Obligations of
councillors169Obligations of councillors before
acting in office(1)A councillor must not act in office
until the councillor makesthe declaration of office.Page
126Current as at [Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 6 Administration[s
170](2)Thedeclaration of
officeis a declaration prescribed under aregulation.(3)Thechiefexecutiveofficerisauthorisedtotakethedeclaration of office.(4)The
chief executive officer must keep a record of the taking ofthe
declaration of office.(5)Apersonceasestobeacouncillorifthepersondoesnotcomply with subsection (1)
within—(a)1 month after being appointed or
elected; or(b)a longer period allowed by the
Minister.170Giving directions to council
staff(1)The mayor may give a direction to the
chief executive officeror senior contract employees.(2)No councillor, including the mayor,
may give a direction toany other council employee.171Requests for assistance or
information(1)A councillor may ask a council
employee to provide advice toassistthecouncillortocarryouthisorherresponsibilitiesunder this
Act.(2)Acouncillormay,subjecttoanylimitsprescribedunderaregulation,askthechiefexecutiveofficertoprovideinformation that
the council has access to.Example of a limit prescribed under a
regulation—Aregulationmayprescribethemaximumcosttothecouncilofproviding information to a
councillor.(3)Subsection (2) does not apply to
information—(a)that is a record of the BCC councillor
conduct reviewpanel; or(b)if
disclosure of the information to the councillor wouldbe
contrary to an order of a court or tribunal; orCurrent as at
[Not applicable]Page 127
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 6 Administration[s 172](c)thatwouldbeprivilegedfromproductioninalegalproceeding on
the ground of legal professional privilege.(4)A
request of a councillor under subsection (1) or (2) is of noeffect if the request—(a)relates to any ward other than the ward the
councillorrepresents; and(b)doesnotcomplywiththeacceptablerequestsguidelines.(5)Subsection (4) does not apply to—(a)the mayor; or(b)the
chairperson of the council if the request relates to therole
of the chairperson; or(c)thechairpersonofacommitteeofthecounciliftherequest relates to the role of the
chairperson.(6)Inthissectionacouncilemployeeincludesapersonprescribed under
a regulation.(7)Thechiefexecutiveofficermustmakeallreasonableendeavours to
comply with a request under subsection (2).Maximum penalty
for subsection (7)—10 penalty units.172Inspection of particular records by
councillors(1)A councillor may view and make a copy
of, or take an extractfrom, council records.Note—TheRighttoInformationAct2009alsoprovidesforaccesstoinformation.(2)Council recordsinclude
documents created by or kept by thecouncil about
its operations, whether or not the records mustbe 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;Page
128Current as at [Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 6 Administration[s
173](b)a record that would be privileged from
production in alegalproceedingonthegroundoflegalprofessionalprivilege;(c)foracouncillorwhoisnotamemberofastatutorycommitteeofthecouncil—arecordofthestatutorycommittee of the
council;(d)another record if—(i)disclosureoftherecordwouldbecontrarytoanorder of a court or tribunal;
or(ii)release of the
record could endanger the security ofassets of the
council or the public.173Use of
information by councillors(1)Apersonwhois,orhasbeen,acouncillormustnotuseinformation that
was acquired as a councillor to—(a)gain, directly or indirectly, a financial
advantage for theperson or someone else; or(b)cause detriment to the council.Maximumpenalty—100penaltyunitsor2yearsimprisonment.(2)Subsection (1) does not apply to information
that is lawfullyavailable to the public.(3)A
councillor must not release information that the councillorknows,oroughtreasonablytoknow,isinformationthatisconfidential to the council.Note—A contravention
of this subsection is misconduct that may be dealt withby
the BCC councillor conduct review panel.173AProhibited conduct by councillor in
possession of insideinformation(1)This
section applies to a person (theinsider)
who is, or hasbeen, a councillor if the insider—Current as at [Not applicable]Page
129
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 6 Administration[s 173A](a)acquired inside information as a
councillor; and(b)knows,oroughtreasonablytoknow,thattheinsideinformation is
not generally available to the public.(2)The
insider must not cause the purchase or sale of an asset ifknowledgeoftheinsideinformationwouldbelikelytoinfluence a reasonable person in deciding
whether or not tobuy or sell the asset.Maximumpenalty—1,000penaltyunitsor2yearsimprisonment.(3)Theinsidermustnotcausetheinsideinformationtobeprovidedtoanotherpersontheinsiderknows,oroughtreasonablytoknow,mayusetheinformationindecidingwhether or not
to buy or sell an asset.Maximumpenalty—1,000penaltyunitsor2yearsimprisonment.(4)In
this section—cause, in relation to
an action, includes the following—(a)carry out the action;(b)instigate the action;(c)direct,orotherwiseinfluence,anotherpersontocarryout or instigate
the action.corporateentitymeansacorporationthatisownedbythecouncil.insideinformation,inrelationtothecouncil,meansinformation about any of the
following—(a)the operations or finances of the
council (including anybusiness activity of the council) or
any of its corporateentities;(b)aproposedpolicyofthecouncil(includingproposedchanges 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 130Current as at
[Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 6 Administration[s
173B](d)a tender process being conducted by or
for the councilor any of its corporate entities;(e)a decision, or proposed decision, of
the council or any ofits committees;(f)theexerciseofapower,underalocalgovernmentrelatedlaw,bythecouncil,acouncillororacouncilemployee;(g)the exercise of a power, under an Act,
by the State, aMinister, a statutory body or an employee of
the State orstatutorybody,thataffectsthecouncil,anyofitscorporateentitiesorlandorinfrastructurewithinBrisbane;(h)any
legal or financial advice created for the council, anyof
its committees or any of its corporate entities.173BObligation of councillor to correct
register of interests(1)This section
applies if—(a)a councillor has an interest that must
be recorded in aregister of interests under a regulation in
relation to thecouncillor or a person who is related to the
councillor;or(b)there is a
change to an interest recorded in a register ofinterests under
a regulation in relation to a councillor ora person who is
related to a councillor.Note—See theCity
of Brisbane Regulation 2012, chapter 8,
part 5.(2)The councillor must, in the approved
form, inform the chiefexecutive officer of the particulars
of the interest or the changeto the interest
within 30 days after the interest arises or thechange
happens.Maximum penalty—(a)ifthecouncillorfailstocomplywithsubsection (2)intentionally—100 penalty units; orCurrent as at [Not applicable]Page
131
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 6 Administration[s 177](b)otherwise—85 penalty units.Note—Under section
153(5), an offence against subsection (2) is an integrityoffence if a person is convicted of an
offence to which paragraph (a) ofthe penalty
applies.(3)For subsection (1), a person isrelatedto a councillor
if—(a)the person is the councillor’s spouse;
or(b)thepersonistotallyorsubstantiallydependentonthecouncillor
and—(i)the person is the councillor’s child;
or(ii)the person’s
affairs are so closely connected withthe affairs of
the councillor that a benefit derivedby the person,
or a substantial part of it, could passto the
councillor.177Post-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 fromits councillors
(other than the mayor)—(a)at that meeting;
and(b)at the first meeting after the office
of the councillor whois the deputy mayor becomes
vacant.Division 5ADealing with
councillors’ personalinterests in council matters177APurpose of divisionThe
purpose of this division is to ensure the personal interestsofcouncillorsaredealtwithinanaccountableandPage
132Current as at [Not applicable]
City
of Brisbane Act 2010Chapter 6 Administration[s
177B]transparentwaythatmeetscommunityexpectations,iftheinterests relate to matters to be
considered—(a)at a meeting of the council or any of
its committees; or(b)byacouncilemployeeorcontractorofthecouncilauthorised to
deal with the matter.Notauthorised—indicativeonly177BMeaning of material personal
interest(1)Acouncillorhasamaterial personal interestinamatterifany of the following stand to gain a
benefit, or suffer a loss,(eitherdirectlyorindirectly)dependingontheoutcomeofconsideration 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)anemployer,otherthanagovernmententity,ofthecouncillor;(f)an
entity, other than a government entity, of which thecouncillor is a member;(g)another entity prescribed by
regulation.(2)However,acouncillordoesnothaveamaterialpersonalinterest in the matter if the councillor, or
another person orentity mentioned in subsection (1), stands
to gain a benefit orsuffer a loss that is no greater than
that of other persons inBrisbane.(3)Subsection (1)(c) only applies to a
councillor if the councillorknows,oroughtreasonablytoknow,thatthecouncillor’sparent,childorsiblingstandstogainabenefitorsufferaloss.177CCouncillor’s material personal interest at a
meeting(1)This section applies if—Current as at [Not applicable]Page
133
City
of Brisbane Act 2010Chapter 6 Administration[s
177C]Notauthorised—indicativeonly(a)a matter is to
be discussed at a meeting of the council orany of its
committees; and(b)the matter is not an ordinary business
matter; and(c)acouncillorhasamaterialpersonalinterestinthematter.(2)The
councillor must—(a)inform the meeting of the councillor’s
material personalinterest in the matter, including the
following particularsabout the interest—(i)the name of the person or other entity
who standsto gain a benefit, or suffer a loss,
depending on theoutcomeoftheconsiderationofthematteratthemeeting;(ii)how
the person or other entity stands to gain thebenefit or
suffer the loss;(iii) if the person or other entity who
stands to gain thebenefit or suffer the loss is not the
councillor—thenatureofthecouncillor’srelationshiptotheperson or entity; and(b)leavetheplaceatwhichthemeetingisbeingheld,includinganyareasetasideforthepublic,andstayaway from the
place while the matter is discussed andvoted on.Maximum penalty—(a)if
the councillor votes on the matter with an intention togainabenefit,oravoidaloss,forthecouncillororanother person or entity—200 penalty units
or 2 yearsimprisonment; or(b)otherwise—85 penalty units.(3)Ifamajorityofthecouncillorsatameetingofthecouncilinformthemeetingaboutamaterialpersonalinterestinamatterundersubsection(2)(a),thecouncilmustdelegatedecidingthematterundersection238,unlessdecidingthematter can not be delegated under that
section.Page 134Current as at
[Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 6 Administration[s
177D](4)Acouncillordoesnotcontravenesubsection(2)byparticipating in the meeting, or being
present while the matteris discussed and voted on, if the
councillor’s participation orpresence—(a)isforthepurposeofdelegatingdecidingthematterunder subsection
(3); or(b)isapprovedundersection177Fandthecouncillorcomplies with
the conditions of the approval.177DMeaning of conflict of interest(1)Aconflict of
interestis a conflict that—(a)is
between—(i)a councillor’s personal interests;
and(ii)the public
interest; and(b)mightleadtoadecisionthatiscontrarytothepublicinterest.(2)However, a councillor does not have a
conflict of interest in amatter—(a)merely because of—(i)an
engagement with a community group, sportingcluborsimilarorganisationundertakenbythecouncillorinthecouncillor’scapacityasacouncillor;
or(ii)membership of a
political party; or(iii)membership of a
community group, sporting clubor similar
organisation if the councillor is not anoffice holder
for the group, club or organisation;or(iv)the councillor’s
religious beliefs; or(v)thecouncillorhavingbeenastudentofaparticularschoolorthecouncillor’sinvolvementwith a school as
a parent of a student at the school;orCurrent as at [Not applicable]Page
135
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 6 Administration[s 177E](b)if the councillor has no greater
personal interest in thematter than that of other persons in
Brisbane.(3)Also,acouncillorwhoisnominatedbythecounciltobeamember of a
board of a corporation or other association doesnothaveapersonalinterestinmattersrelatingtothecorporation or
association merely because of the nominationor appointment
as a member.177ECouncillor’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 orany of its committees; and(b)the matter is not an ordinary business
matter; and(c)a councillor at the meeting—(i)hasaconflictofinterestinthematter(arealconflict of
interest); or(ii)couldreasonablybetakentohaveaconflictofinterestinthematter(aperceivedconflictofinterest).(2)The councillor must inform the meeting
about the councillor’spersonalinterestsinthematter,includingthefollowingparticulars
about the interests—(a)the nature of
the interests;(b)if the councillor’s personal interests
arise because of thecouncillor’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 ofreceipt of the
gift; and(iii)thenatureoftheotherperson’sinterestsinthematter.Maximumpenalty—100penaltyunitsor1year’simprisonment.Page 136Current as at [Not applicable]
City
of Brisbane Act 2010Chapter 6 Administration[s
177E]Notauthorised—indicativeonly(3)Subsection (4) applies if—(a)theothercouncillorswhoareentitledtovoteatthemeetingareinformedaboutacouncillor’spersonalinterestsinamatterbythecouncillororanotherperson;
and(b)the councillor has not voluntarily
left, and stayed awayfrom,theplacewherethemeetingisbeingheldwhilethe 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 orperceived conflict of interest in the
matter; and(b)iftheydecidethecouncillorhasarealconflictofinterest or perceived conflict of
interest in the matter—whether the councillor—(i)must leave the place at which the
meeting is beingheld,includinganyareasetasideforthepublic,and stay away
from the place while the matter isdiscussed and
voted on; or(ii)mayparticipateinthemeetinginrelationtothematter, including by voting on the
matter.(5)The councillor must comply with a
decision under subsection(4)thatthecouncillormustleaveandstayawayfromtheplace.Maximumpenalty—100penaltyunitsor1year’simprisonment.(6)Ifamajorityofthecouncillorsatameetingofthecouncilinformthemeetingaboutpersonalinterestsinthematterunder subsection (2), the council must
delegate deciding thematter under section 238, unless
deciding the matter can notbe delegated
under that section.(7)Acouncillordoesnotcontravenesubsection(5)byparticipating in the meeting, or being
present while the matteris discussed and voted on, if the
councillor’s participation orpresence—Current as at [Not applicable]Page
137
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 6 Administration[s 177F](a)isforthepurposeofdelegatingdecidingthematterunder subsection
(6); or(b)isapprovedundersection177Fandthecouncillorcomplies with
the conditions of the approval.(8)In
this section—giftmeansagiftthatisrequired,underaregulation,toberecorded in a register of
interests.177FMinister’s approval for councillor to
participate or bepresent to decide matter(1)TheMinistermay,bysignednoticegiventoacouncillor,approvethecouncillorparticipatinginameeting,orbeingpresent while a
matter is discussed and voted on, if—(a)the
matter could not otherwise be decided at the meetingbecause of—(i)the
number of councillors subject to the obligationunder section
177C(2)(b); or(ii)section 177E(6);
and(b)deciding the matter can not be
delegated under section238.(2)TheMinistermaygivetheapprovalsubjecttoconditionsstated in the
notice.177GDuty to report another councillor’s
material personalinterest 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 orany of its committees; and(b)the matter is not an ordinary business
matter; and(c)acouncilloratthemeetingbelieves,orsuspects,onreasonablegroundsthatanothercouncilloratthemeeting has a material personal
interest, real conflict ofPage 138Current as at
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of Brisbane Act 2010Chapter 6 Administration[s
177H]interestorperceivedconflictofinterestinthematter;and(d)the other councillor has not informed
the meeting aboutthe interest under section 177C(2) or
177E(2).(2)The councillor who has the belief or
suspicion must, as soonaspracticable,informthepersonwhoispresidingatthemeeting about—(a)the
belief or suspicion; and(b)thefactsandcircumstancesthatformthebasisofthebelief or suspicion.Note—Contraventionofsubsection(2)ismisconductthatcouldresultindisciplinaryactionbeingtakenagainstacouncillor.Seesections178(3)(c) and
183.177HOffence to take retaliatory
actionApersonmustnot,becauseacouncillorcompliedwithsection
177G(2)—(a)prejudice, or threaten to prejudice,
the safety or careerof 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 tothe councillor or another
person.Maximumpenalty—167penaltyunitsor2yearsimprisonment.177IOffence for councillor with material
personal interest orconflict of interest to influence
others(1)Thissectionappliestoacouncillorwhohasamaterialpersonal interest, real conflict of interest
or perceived conflictof interest in a matter, other than an
ordinary business matter.Current as at [Not applicable]Page
139
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 6 Administration[s 177J](2)Thecouncillormustnotinfluence,orattempttoinfluence,another
councillor to vote on the matter in a particular way ata
meeting of the council or any of its committees.Maximumpenalty—200penaltyunitsor2yearsimprisonment.(3)The
councillor must not influence, or attempt to influence, acouncilemployeeoracontractorofthecouncilwhoisauthorised to decide or otherwise deal
with the matter to doso in a particular way.Maximumpenalty—200penaltyunitsor2yearsimprisonment.(4)Acouncillordoesnotcommitanoffenceagainstsubsection(2) or (3)
merely by participating in a meeting of the councilor
any of its committees about the matter, including by votingon
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.177JRecords about material personal
interests and conflictsof interests at meetings(1)Ifsection177Cappliestoamattertobediscussedatameeting of the
council or any of its committees, the followinginformationmustberecordedintheminutesofthemeetingand on the
council’s website—(a)the name of the councillor who has a
material personalinterest in the matter;(b)the
material personal interest, including the particularsmentionedinsection177C(2)(a)asdescribedbythecouncillor;(c)whetherthecouncillorparticipatedinthemeeting,orwaspresentduringthemeeting,underanapprovalunder section
177F.(2)Ifsection177Eappliestoamattertobediscussedatameeting of the
council or any of its committees, the followingPage 140Current as at [Not applicable]
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of Brisbane Act 2010Chapter 6 Administration[s
178]mustberecordedintheminutesofthemeetingandonthecouncil’s
website—(a)thenameofthecouncillorwhohasarealconflictofinterest or perceived conflict of interest
in the matter;(b)thecouncillor’spersonalinterestsinthematter,including the
particulars mentioned in section 177E(2)as described by
the councillor;(c)thedecisionsmadeundersection177E(4)andthereasons for the
decisions;(d)whetherthecouncillorparticipatedinthemeeting,orwaspresentduringthemeeting,underanapprovalunder section
177F;(e)ifthecouncillorvotedonthematter—howthecouncillor voted on the matter;(f)howthemajorityofcouncillorswhowereentitledtovote at the meeting voted on the
matter.Division 6Conduct and
performance ofcouncillors178What
this division is about(1)Thisdivisionisaboutdealingwithcomplaintsabouttheconduct and performance of
councillors, to ensure—(a)appropriatestandardsofconductandperformancearemaintained; and(b)acouncillorwhoengagesininappropriateconductormisconduct is appropriately
disciplined.(2)However,thisdivisiondoesnotapplytotheconductofcouncillors at a meeting of the council or
its committees, otherthanafailureofacouncillortocomplywithadirectiontoleave a meeting of the council or its
committees made by thechairperson of the meeting.Current as at [Not applicable]Page
141
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 6 Administration[s 178]Note—The rules of
procedure deal with the conduct of participants at meetingsof
the council or its committees.(3)Misconductis conduct, or a
conspiracy or attempt to engagein conduct, of
or by a councillor—(a)that adversely affects, or could
adversely affect, (eitherdirectlyorindirectly)thehonestandimpartialperformanceofthecouncillor’sresponsibilitiesorexercise of the councillor’s powers;
or(b)that is or involves—(i)theperformanceofthecouncillor’sresponsibilities, or the exercise of the
councillor’spowers,inawaythatisnothonestorisnotimpartial; or(ii)a
breach of the trust placed in the councillor; or(iii)a misuse of
information or material acquired in orinconnectionwiththeperformanceofthecouncillor’s responsibilities, whether
the misuse isfor the benefit of the councillor or someone
else; or(iv)arefusalbythecouncillortocomplywithadirection or order of the BCC
councillor conductreview panel about the councillor; or(v)afailureofthecouncillortocomplywithadirectiontoleaveameetingofthecounciloritscommitteesmadebythechairpersonofthemeeting; or(c)that
contravenes section 173(3) or 177G(2).(4)Inappropriate conductis conduct of or
by a councillor that isnot appropriate conduct for a
representative of the council, butis not
misconduct.(5)Itisirrelevantwhethertheconductthatconstitutesmisconduct or
inappropriate conduct was engaged in—(a)within Queensland or elsewhere; orPage
142Current as at [Not applicable]
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of Brisbane Act 2010Chapter 6 Administration[s
178A](b)whenthecouncillorwasnotexercisingtheresponsibilities of a councillor.(6)TheBCC councillor
conduct review panelis a body, createdunder this Act,
that is responsible for hearing and deciding acomplaintofmisconductorinappropriateconductbyacouncillor.(7)To
remove any doubt, it is declared that a councillor may bedealt with for an act or omission that
constitutes misconductunderthisAct,andalsobedealtwithforthesameactoromission—(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 personsis 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.178AApplication to
former councillors(1)This division applies to a complaint
about the conduct of aperson who is no longer a councillor
if—(a)the person was a councillor when the
relevant conduct isalleged to have happened; and(b)thecomplaintismadewithin2yearsafterthepersonstopped being a
councillor.(2)However,anentitydealingwiththecomplaintunderthisdivision may
decide to take no further action in relation to thecomplaint, despite any contrary requirement
of this division, ifthe entity considers the decision is
in the public interest.Current as at [Not applicable]Page
143
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 6 Administration[s 179](3)Anentitythatmakesadecisionundersubsection (2)mustgivetheentitythatmadethecomplaint,andtheaccusedperson, a
written notice that states—(a)nofurtheractionwillbetakeninrelationtothecomplaint; and(b)the
reasons for the decision.(4)For applying
this division to a complaint about a person whois no longer a
councillor, a reference to a councillor is taken tobe a
reference to the person.179Preliminary
assessments of complaints(1)This section
applies if any of the following make or receive acomplaint 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)thepersonwhoreceivesthecomplaintmustreferthecomplaint to the department’s chief
executive; and(b)thedepartment’schiefexecutivemustconductapreliminary assessment of the
complaint.(3)If any other entity makes the
complaint—(a)thepersonwhoreceivesthecomplaintmustreferthecomplaint to the chief executive officer;
and(b)the chief executive officer must
conduct a preliminaryassessment of the complaint.(4)Apreliminaryassessmentisanassessmentofacomplaintabouttheconductorperformanceofacouncillortodecidewhether the
complaint—(a)is about a frivolous matter or was
made vexatiously; or(b)isaboutinappropriateconduct,misconduct,corruptconduct under the Crime and Corruption Act
or anotherPage 144Current as at
[Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 6 Administration[s
180]matter(includingageneralcomplaintagainstthecouncil, for example); or(c)is lacking in substance.(5)Thissectiondoesnotapplytoacomplaintaboutcorruptconductreferredtothedepartment’schiefexecutivebytheCCC.(6)A
complaint about the conduct of councillors at a meeting ofthe
council or its committees is of no effect.180Action after preliminary assessments(1)Thissectionappliesifthechiefexecutiveofficerorthedepartment’schiefexecutive(eachacomplaintsassessor)conducts a preliminary assessment of a
complaint about theconduct or performance of a
councillor.(2)The complaints assessor may decide no
further action need betakeninrelationtothecomplaintifthepreliminaryassessment
is—(a)thatthecomplaintisaboutafrivolousmatterorwasmade
vexatiously; or(b)that the complaint is lacking in
substance.(3)Ifthepreliminaryassessmentisthatthecomplaintisaboutmisconduct or
inappropriate conduct, the complaints assessormustreferthecomplainttotheBCCcouncillorconductreview panel.(4)IfthepreliminaryassessmentisthatthecomplaintisaboutcorruptconductundertheCrimeandCorruptionAct,thecomplaints assessor must deal with the
complaint under thatAct.(5)Ifthepreliminaryassessmentisthatthecomplaintisaboutanothermatter,thecomplaintsassessormustdealwiththecomplaint in an appropriate way.(6)Afteractingundersubsection
(2)to(5),thecomplaintsassessor must
give the entity that made the complaint, and theaccused councillor, a written notice that
states—Current as at [Not applicable]Page
145
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 6 Administration[s 180A](a)the type of complaint that the
assessor has assessed thecomplaint as; and(b)the
action (if any) that is proposed to be taken in relationto
the complaint; and(c)if the complaint was about a frivolous
matter, was madevexatiouslyorwaslackinginsubstance—thatitisanoffenceundersubsection
(7)forapersontomakeacomplaint that is substantially the same as
a complaintthat the person has previously made.(7)Apersonmustnotmakeacomplaintabouttheconductorperformance of a councillor if—(a)the complaint is substantially the
same as a complaintthat the person has previously made;
and(b)thecomplaintsassessorhasgiventhepersonanoticethat complies
with subsection (6).Maximum penalty for subsection (7)—10
penalty units.180APreliminary dealings with complaints
before hearing(1)Thissectionappliesifthechiefexecutiveofficerorthedepartment’s chief executive refers a
complaint to the BCCcouncillor conduct review
panel.(2)TheBCCcouncillorconductreviewpanelmay,withoutconducting a hearing of the complaint, order
the complaint, ora part of the complaint, be dismissed or
struck out if the panelconsiders the complaint or part
is—(a)frivolous, vexatious or misconceived;
or(b)lacking in substance; or(c)otherwise an abuse of process.(3)IftheBCCcouncillorconductreviewpanelactsundersubsection (2), the panel must give written
notice of the ordertothechiefexecutiveofficerorthedepartment’schiefexecutive, the accused councillor and the
entity that made thecomplaint.Page 146Current as at [Not applicable]
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of Brisbane Act 2010Chapter 6 Administration[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 requirethe complainant to appear before the panel
to confirmthe complaint; and(b)thecomplainantmustcomplywiththerequirementmade under
paragraph (a).(6)Despitesection
178(3)and(4),afailureofacouncillortocomplywitharequirementundersubsection (5)(a)isnotmisconduct or inappropriate
conduct.181Notifying councillor of the hearing of
a complaint(1)At least 7 days before the hearing of
a complaint by the BCCcouncillorconductreviewpanel,thepanelmustgivetheaccused councillor a written notice about
the hearing.(2)The notice must state—(a)the misconduct or inappropriate
conduct that is allegedto 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 councillorhave failed, the entity giving the
notice may—(a)publish the notice, at least 7 days
before the hearing is tobegin—(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 atleast 7 days before the hearing is to
begin.Current as at [Not applicable]Page
147
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 6 Administration[s 182]182Hearing and deciding complaints(1)This section is about the hearing of a
complaint of misconductorinappropriateconductbytheBCCcouncillorconductreview panel.(2)TheBCCcouncillorconductreviewpanelmayhearcomplaints about
a number of councillors in the same hearing,unlessthedefenceofanyofthecouncillorsmaybeprejudiced.(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 orpartofthehearingfromthedocumentsbroughtbeforeit,without the parties or the witnesses
appearing, if—(a)thepanelconsidersitappropriateinallthecircumstances;
or(b)the parties agree.(5)Thestandardofproofinthehearingisthebalanceofprobabilities.(6)The
BCC councillor conduct review panel must keep a writtenrecord 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 atthe hearing.183Taking disciplinary action—BCC councillor
conductreview panel(1)ThissectionappliesiftheBCCcouncillorconductreviewpaneldecides,afterhearingacomplaint,thatacouncillorengaged in
misconduct or inappropriate conduct.(2)The
BCC councillor conduct review panel may make any 1 ormoreofthefollowingordersorrecommendationsthatitconsiders appropriate in view of the
circumstances relating tothe misconduct or inappropriate
conduct—Page 148Current as at
[Not applicable]
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of Brisbane Act 2010Chapter 6 Administration[s
183](a)anorderthatthecouncillorbecounselledaboutthemisconductorinappropriateconduct,andhownottorepeat the misconduct or inappropriate
conduct;(b)an order that the councillor make an
admission of erroror an apology;(c)an
order that the councillor participate in mediation withanother person;(d)a
recommendation to the department’s chief executive tomonitorthecouncillororthecouncilforcompliancewith the local
government related laws;(e)an order that
the councillor reimburse the council;(f)a
recommendation to the Minister that the councillor besuspended for a stated period;(g)arecommendationtotheCCCorthepolicecommissionerthatthecouncillor’sconductbefurtherinvestigated;(h)an
order that the councillor pay to the council an amountof
not more than the monetary value of 50 penalty units.(3)Arecommendationmentionedinsubsection (2)(f)mayinclude a recommendation about the details
of the suspension.(4)When deciding what disciplinary action
is appropriate in viewofthecircumstancesrelatingtothemisconductorinappropriateconduct,theBCCcouncillorconductreviewpanel may
consider—(a)anymisconductorinappropriateconductofthecouncillor in
the past; and(b)any allegation made in the hearing
that was admitted orwas not challenged.(5)Subsection (6) applies if—(a)the BCC councillor conduct review
panel decides, afterhearingacomplaint,thatacouncillorengagedininappropriate conduct (therepeat conduct); andCurrent as at [Not applicable]Page
149
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 6 Administration[s 183A](b)the panel has decided twice in the
preceding year thatthe same councillor engaged in inappropriate
conduct.(6)Whendecidingwhatdisciplinaryactionisappropriate,theBCCcouncillorconductreviewpanelmustconsidertherepeat conduct to be
misconduct.(7)However,theBCCcouncillorconductreviewpanelmayconsideranallegationthatwasnotadmitted,orwaschallenged, only
if it is satisfied that the allegation is true.(8)The
degree to which the BCC councillor conduct review panelmustbesatisfieddependsontheconsequences,thatareadverse to the councillor, of finding
the allegation to be true.183ARecords about
complaints(1)The chief executive officer must keep
a record of—(a)allcomplaintsreceivedbythechiefexecutiveofficerunder this division; and(b)theoutcomeofeachcomplaint,includinganydisciplinaryactionorotheractionthatwastakeninrelation to the complaint.(2)The chief executive officer must
ensure that the public mayinspectthepartoftherecordthatrelatestooutcomesofcomplaints—(a)at
the council’s public office; or(b)on
the council’s website.(3)However,subsection (2)doesnotapplytotherecordofacomplaint that—(a)thechiefexecutiveofficerorthedepartment’schiefexecutive 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 thePublic Interest
Disclosure Act 2010.Page 150Current as at
[Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 6 Administration[s
186]186Application of Crime and Corruption
Act(1)The council is a unit of public
administration for the Crimeand Corruption
Act.(2)Foranycomplaintof,orinformationormatterinvolving,corruptconductundertheCrimeandCorruptionActbyacouncillor, a
reference to a public official in the Crime andCorruption Act,
section 46(2), is taken to be a reference to—(a)the
department’s chief executive; or(b)the
chief executive officer.Division 7Conduct in
meetings of the council186AConduct in
meetings of the council or its committees(1)Thissectionappliestothechairpersonofthecounciloracommitteechairpersoninadditiontoanypowerstheymayhave under the council’s rules of
procedure.(2)If disorderly conduct happens in a
meeting of the council orits committees, the chairperson of the
meeting may make any1ormoreofthefollowingordersthatthechairpersonconsiders
appropriate in the circumstances—(a)anorderthatthecouncillor’sconductbenotedintheminutes of the meeting;(b)anorderthatthecouncillorleavetheplacewherethemeeting is being held (including any
area set aside forthe public), and stay out of the place for
the rest of themeeting;(c)ifthecouncillorfailstocomplywithanorderunderparagraph(b)toleaveaplace—anorderthatthecouncillor be removed from the place.(3)Disorderlyconductisconductofacouncillorthatcontravenes the council’s rules of
procedure.(4)Therulesofprocedureare,underalocallaw,therulesdecidedbycouncilfortheconductoftheparticipantsatCurrent as at [Not applicable]Page
151
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 6 Administration[s 187]meetingsofthecounciloritscommittees(includingrulesaboutchallengingdecisionsofthechairpersonrelatingtoobserving or enforcing the rules, for
example).(5)Adecisionunderthissectionbyeitherofthefollowingpersons is not
subject to appeal other than under the council’srules of procedure—(a)the
chairperson of the council;(b)a
committee chairperson.Note—See section 226
for more information.Part 3BCC councillor
conduct reviewpanel187Appointing members of the BCC councillor
conductreview panel(1)The
BCC councillor conduct review panel is constituted by atleast3membersthatthecouncilchoosesfromapoolofmembers appointed, by resolution, by the
council.(2)A person is qualified to be a member
of the pool of membersonly if the person—(a)hasextensiveknowledgeof,andexperiencein,1ormore of the
following—(i)local government;(ii)community affairs;(iii)investigations;(iv)law;(v)public administration;(vi)public sector ethics;(vii) public
finance; orPage 152Current as at
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of Brisbane Act 2010Chapter 6 Administration[s
187](b)hastheotherqualificationsandexperiencethatthecouncil considers appropriate.(3)However, a person is not qualified to
be a member of the poolof 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 AustralianParliament; or(i)is a
member of a political party; or(j)has
a conviction for an indictable offence that is not anexpired conviction; or(k)is
an insolvent under administration (within the meaningof
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 4years.(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)resignsbysignednoticeofresignationgiventothecouncil;
or(c)is removed as a member by the council
for misbehaviouror physical or mental incapacity; or(d)is not qualified to be a member under
subsection (3).Current as at [Not applicable]Page
153
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 6 Administration[s 188]188Remuneration and appointment
conditions of members(1)AmemberoftheBCCcouncillorconductreviewpanelisentitled to be paid the remuneration
and allowances decidedby the council.(2)A
member of the BCC councillor conduct review panel holdsoffice on the other conditions that the
council decides.189Conflict of interests(1)ThissectionappliesifamemberoftheBCCcouncillorconduct review
panel has any interest that may conflict with afairandimpartialhearingofacomplaintmadeagainstanaccused councillor.(2)The member must not take part, or take
further part, in anyconsideration of the matter.Maximum penalty—35 penalty units.(3)As soon as practicable after the
member becomes aware thatthis section applies to the member,
the member must informthe council.Maximum penalty
for subsection (3)—35 penalty units.Part 4Council employeesDivision 1Chief executive officer190Appointing a chief executive officer(1)Thecouncilmustappointaqualifiedpersontobethecouncil’s chief executive officer.(2)A person is qualified to be the chief
executive officer if theperson has the ability, experience,
knowledge and skills thatthecouncilconsidersappropriate,havingregardtotheresponsibilities of a chief executive
officer.Page 154Current as at
[Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 6 Administration[s
191](3)A person who is appointed as the chief
executive officer mustenter into a written contract of
employment with the council.(4)The
contract of employment must provide for—(a)thechiefexecutiveofficertomeetperformancestandards set by
the mayor; and(b)the chief executive officer’s
conditions of employment(including remuneration).191Appointing an acting chief executive
officerThe Establishment and Coordination Committee
may appointaqualifiedpersontoactasthechiefexecutiveofficerduring—(a)any vacancy, or all vacancies, in the
position; or(b)anyperiod,orallperiods,whenthechiefexecutiveofficerisabsentfromdutyorcannot,foranotherreason,performthechiefexecutiveofficer’sresponsibilities.Division 2Other council employees192Appointing senior contract employees(1)The council must appoint qualified
persons to be the council’ssenior contract
employees.(2)A person is qualified to be a senior
contract employee if theperson has the ability, experience,
knowledge and skills thatthecouncilconsidersappropriate,havingregardtotheresponsibilities of the senior
contract employee.(3)A person who is appointed as a senior
contract employee mustenter into a written contract of
employment with the council.(4)The
contract of employment must provide for—(a)theseniorcontractemployeetomeetperformancestandards set by
the mayor; andCurrent as at [Not applicable]Page
155
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 6 Administration[s 193](b)theseniorcontractemployee’sconditionsofemployment (including remuneration).193Appointing other council
employees(1)Thecouncilmustadopt,byresolution,anorganisationalstructurethatisappropriatetotheperformanceofthecouncil’s responsibilities.(2)Thecouncilmayemploycouncilemployeesfortheperformance of the council’s
responsibilities.(3)Thechiefexecutiveofficermustappointthecouncilemployees, other
than senior contract employees.(4)A
council employee is employed on—(a)theconditionscontainedinanyrelevantindustrialinstrument;
and(b)any other conditions that the council
decides.194Disciplinary action against council
employees(1)Thechiefexecutiveofficermaytakedisciplinaryactionagainst a council employee.(2)A regulation may prescribe—(a)when disciplinary action may be taken
against a councilemployee; and(b)the
types of disciplinary action that may be taken againsta
council employee.Division 3Common
provisions195Concurrent employment of council
employees(1)Thissectionappliestoallcouncilemployees,includingthechief executive officer.Page
156Current as at [Not applicable]
City
of Brisbane Act 2010Chapter 6 Administration[s
196](2)A council employee may be employed by
more than 1 localgovernment at the same time, if each of the
local governmentsagree.Notauthorised—indicativeonly196Improper conduct by council
employees(1)Thissectionappliestoallcouncilemployees,includingthechief executive officer.(2)Acouncil
employeeincludes—(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 otherbenefit for doing something as a council
employee.Maximumpenalty—100penaltyunitsor2yearsimprisonment.(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 damageproperty of the council.Maximum penalty
for subsection (5)—100 penalty units or 2years
imprisonment.197Use of information by council
employees(1)Thissectionappliestoallcouncilemployees,includingthechief executive officer.(2)Acouncil
employeeincludes—(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 notuse
information acquired as a council employee to—Current as at
[Not applicable]Page 157
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 6 Administration[s 198](a)gain (directly or indirectly) an
advantage for the personor someone else; or(b)cause detriment to the council.Maximumpenalty—100penaltyunitsor2yearsimprisonment.(4)Subsection (3) does not apply to information
that is lawfullyavailable to the public.(5)A
person who is, or has been, a council employee must notreleaseinformationthatthepersonknows,orshouldreasonably 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 2years imprisonment.198Annual report must detail
remuneration(1)The annual report of the council must
state—(a)the total of all remuneration packages
that are payable(intheyeartowhichtheannualreportrelates)tothesenior management; and(b)the number of employees in senior
management who arebeing paid each band of remuneration.(2)Theseniormanagementconsistsofthechiefexecutiveofficer and all
senior executive employees.(3)Eachband of
remunerationis an increment of $100,000.(4)To remove any doubt, it is declared
that nothing in this sectionrequirestheexactsalaryofanyemployeeinseniormanagement to be
separately stated in the annual report.Page 158Current as at [Not applicable]
Part
5City of Brisbane Act 2010Chapter 6
Administration[s 199]Authorised
personsNotauthorised—indicativeonly199Appointing authorised persons(1)The chief executive officer may
appoint a qualified person tobe an authorised
person.(2)Apersonisqualifiedtobeanauthorisedpersoniftheperson—(a)has the competencies—(i)thatthechiefexecutiveofficerconsidersarenecessarytoperformtheresponsibilitiesthatarerequired 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)anothertypeofpersonprescribedunderaregulation.(3)TheappointmentofanauthorisedpersonmuststatetheprovisionsofthisActforwhichtheauthorisedpersonisappointed.(4)Anauthorisedperson’sappointmentissubjecttotheconditions stated in—(a)the document that appoints the
authorised person; or(b)awrittennoticegiventotheauthorisedpersonbythechief executive
officer; or(c)a regulation.200End
of appointment of authorised persons(1)A
person stops being an authorised person—(a)attheendofthetermofappointmentstatedinthedocument that
appointed the authorised person; orCurrent as at
[Not applicable]Page 159
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 6 Administration[s 201](b)if the authorised person gives the
council a signed noticeof resignation; or(c)ifitisaconditionoftheauthorisedperson’sappointmentthattheauthorisedpersonholdanotherpositionatthesametime—iftheauthorisedpersonstops holding the other position.(2)If it is a condition of the authorised
person’s appointment thatthe authorised person hold another
position at the same time, anotice of
resignation acts as a notice of resignation for bothpositions.(3)This
section does not limit the ways in which an authorisedperson’s appointment ends.201Identity card for authorised
persons(1)The chief executive officer must give
each authorised personan identity card.(2)This
section does not stop a single identity card being issuedto a
person for this Act and for another purpose.(3)A
person who stops being an authorised person must returnthe
person’s identity card to the chief executive officer,
within21 days after stopping being an authorised
person, unless theperson has a reasonable excuse.Maximum penalty for subsection (3)—10
penalty units.202Authorised persons must disclose
change in criminalhistory(1)This
section applies if there is a change in the criminal historyofanauthorisedperson(includingacquiringacriminalhistory, for
example).(2)The authorised person must, as soon as
practicable after thechange, disclose to the chief
executive officer the details ofthe change,
unless the person has a reasonable excuse.Maximum
penalty—100 penalty units.Page 160Current as at
[Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 6 Administration[s
203]203Chief executive officer may obtain
report from policecommissioner(1)The
chief executive officer may ask the police commissionerto
give the chief executive officer the following informationabout an authorised person—(a)a written report about the person’s
criminal history;(b)a brief description of the
circumstances of a convictionmentioned in the
person’s criminal history.(2)The police
commissioner must comply with the request.(3)However,thedutyimposedonthepolicecommissionerapplies only to
information in the commissioner’s possessionor to which the
commissioner has access.204Use of criminal
history information(1)This section is about the use of
criminal history information.(2)Criminalhistoryinformationisinformationaboutthecriminalhistoryofanauthorisedpersonobtainedundersection 202 or 203.(3)Thedepartment’schiefexecutivemaymakeguidelinesfordealing with criminal history information to
ensure—(a)natural justice is afforded to the
authorised persons towhom the criminal history information
relates; and(b)only relevant criminal history
information is consideredinassessingthesuitabilityofanauthorisedpersontoexercise a power under a local
government related law;and(c)decisionsbasedoncriminalhistoryinformationaremade
consistently.(4)The chief executive officer must
comply with the guidelines.(5)Apersonwhohas,orwillhave,adutytodiscloseundersection 202mayrequestacopyoftheguidelinesfromthedepartment.Current as at
[Not applicable]Page 161
City
of Brisbane Act 2010Chapter 7 Other provisions[s
205](6)Thechiefexecutiveofficermustnotusecriminalhistoryinformationforanypurposeotherthanforassessingthesuitability of an authorised person to
exercise a power under alocal government related law.Maximum penalty for subsection (6)—100
penalty units.Notauthorised—indicativeonlyChapter 7Other
provisionsPart 1Way to hold a
hearing205What this part is about(1)This part sets out the way to hold a
hearing under this Act.(2)Thepersonorotherentitythatisconductingthehearingiscalled theinvestigatorin this
part.206Procedures 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 fairandproperconsiderationoftheissuesraisedinthehearing.(2)For example, the investigator
may—(a)actintheabsenceofapersonwhohasbeengivenreasonable notice of the hearing; or(b)receive evidence by statutory
declaration; or(c)refusetoallowapersontoberepresentedbyalegalpractitioner;
or(d)disregard the rules of evidence;
orPage 162Current as at
[Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 7 Other provisions[s
207](e)disregard any defect, error, omission
or insufficiency ina document; or(f)allow a document to be amended; or(g)adjourn a hearing.(3)However, the investigator must comply with
any proceduralrules prescribed under a regulation.(4)A hearing is not affected by a change
of the members of anentity that is the
investigator.207Witnesses at hearings(1)Theinvestigatormayrequireaperson,bygivingthemawritten 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 theinvestigator;
and(d)answer a question that the person is
required to answerby the investigator, unless the person has a
reasonableexcuse; and(e)produceadocumentthatthepersonisrequiredtoproducebytheinvestigator,unlessthepersonhasareasonable excuse.Maximum
penalty—35 penalty units.(3)Apersonhasareasonableexcuseforfailingtoansweraquestion or produce a document if answering
the question orproducing the document might tend to
incriminate the person.(4)A person who
attends as a witness is entitled to—Current as at
[Not applicable]Page 163
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 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 witnessfees decided by
the investigator.208Contempt at hearingA
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 theinvestigator is conducting a hearing;
or(d)doanythingthatwouldbeacontemptofcourtiftheinvestigator were a court.Maximum penalty—50 penalty units.Part
2Superannuation209What
this part is aboutThis part is about superannuation for
certain persons who areconnected to the council.210Super 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)Ifitdoesso,thecouncilmaypayanamountfromitsoperating fund to the superannuation scheme
as a contributionfor the councillors.Page 164Current as at [Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 7 Other provisions[s
211](3)However,thecouncilmustnotmakecontributionstothesuperannuationschemeforapersonwhoisnolongeracouncillor.(4)A
councillor may enter into an arrangement with the councilunder which—(a)the
councillor agrees to forgo a percentage or amount ofthe
remuneration that the councillor is entitled to as acouncillor; and(b)thecouncilagreestocontributethepercentageoramount to the superannuation scheme for the
councillor.(5)Asuperannuationschemeisasuperannuationschemethatcomplies with
the Commonwealth Super Act.211Superannuation
scheme for council employees andassociated
persons(1)Thecouncilmay,forcouncilemployeesandassociatedpersons—(a)establish and amend a superannuation
scheme; or(b)take part in a superannuation
scheme.(2)Ifitdoesso,thecouncilmaypayanamountfromtheoperating fund to the superannuation scheme
as a contributionfor the council employees and associated
persons.(3)Anassociated
personis the spouse of a council employee,
oranother person prescribed under a
regulation.(4)Asuperannuationschemeisasuperannuationschemethatcomplies with
the Commonwealth Super Act.(5)Despite section 5(2), the Local Government
Act applies to thefollowingtotheextentthatthatActappliestothesuperannuation 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]Page
165
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 7 Other provisions[s 212]212Super schemes to be audited by
auditor-general(1)This section applies to a
superannuation scheme establishedoramendedbythecouncilundersection 210(1)(a)or211(1)(a).(2)The
audit of the superannuation scheme that is required undertheCommonwealthSuperActmustbecarriedoutbytheauditor-general.Part 3Allocating Commonwealthfunding to
council213Allocating Commonwealth funding(1)ThegrantscommissionisabodythatiscreatedundertheLocalGovernmentActtoperformtheresponsibilitiesofaLocalGovernmentGrantsCommissionundertheLocalGovernment
(Financial Assistance) Act.Note—Undersection
228(2)oftheLocalGovernmentAct,thegrantscommission and
the Minister must comply with the Local Government(Financial Assistance) Act.(2)TheMinistermustnotdistributetothecouncilanamountequal to
notional GST if the council has not paid the notionalGST.(3)Notional GSTis an amount
that a local government may payunder theGST
and Related Matters Act 2000, section
5.(4)TheMinistermusttableintheLegislativeAssemblythegrants commission’s recommendations
about the allocation offunding to the council.214Decisions under this division are not
subject to appealAdecisionofthegrantscommissionortheMinisterisnotsubject to appeal.Page 166Current as at [Not applicable]
Notauthorised—indicativeonlyNote—See section 226
for more information.City of Brisbane Act 2010Chapter 7 Other provisions[s
215]Part 4Legal
provisions215False or misleading information(1)A person commits an offence if the
person gives informationfor this Act (either orally or in a
document), that the personknows is false or misleading in a
material particular, to any ofthe 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 toinformationinadocumentif,whenthepersongivesthedocument to the other person—(a)thepersontellstheotherpersonthatthedocumentisfalse or misleading, and in what respect the
document isfalse or misleading; and(b)if
the person has, or can reasonably obtain, the correctinformation—thepersongivestheotherpersonthecorrect information.Current as at [Not applicable]Page
167
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 7 Other provisions[s 216]216Administrators who act honestly and
without negligenceare protected from liability(1)AStateadministratororcounciladministratorisnotcivillyliable for an
act done under this Act or theLocal
GovernmentElectoral Act 2011, or omission
made under this Act, honestlyand without
negligence.(2)AState
administratoris—(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)apersonactingunderthedirectionofapersonmentioned in
paragraph (a), (b) or (c).(3)Acouncil administratoris—(a)a councillor; or(b)the
chief executive officer; or(c)an
authorised person; or(d)another council
employee.(4)Ifsubsection
(1)preventscivilliabilityattachingtoaStateadministrator, liability attaches instead to
the State.(5)If subsection (1) prevents civil
liability attaching to a counciladministrator,
liability attaches instead to the council.(6)The
protection given under this section is in addition to anyother protection given under another law or
Act (including thePublic Interest Disclosure Act 2010,
for example).Page 168Current as at
[Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 7 Other provisions[s
217]217Who is authorised to sign council
documents(1)The following persons may sign a
document on behalf of thecouncil—(a)the
head of the council;(b)a delegate of
the council;(c)a councillor or council employee who
is authorised bythe head of the council, in writing, to sign
documents.Note—See section 238
for the council’s power to delegate.(2)Thehead of the councilis—(a)the mayor;
or(b)iftherearenocouncillorsforanyreason—thechiefexecutive officer.218Name
in proceedings by or against council(1)Any
proceedings by the council must be started in the name ofthe
council.(2)However,thecouncilmaystartaproceedingundertheJustices Act 1886in the name of a
council employee who is apublic officer within the meaning of
that Act.(3)Any proceedings against the council
must be started againstthe council in its name.219Service of documents on councilA
document is properly served on the council if it is given tothe
chief executive officer in a way that is authorised by law.220Substituted service(1)If an owner of rateable land is known
to be absent from theState,thecouncilmayserveadocumentontheownerbyserving the document on the owner’s agent in
the State.Current as at [Not applicable]Page
169
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 7 Other provisions[s 221](2)Subsection (3) applies if—(a)thecouncilmustserveadocumentonapersonwhoowns
or occupies a property; but(b)thecouncildoesnotknow,orisuncertainabout,theperson’s current address.(3)The council may serve the document
by—(a)publishinganoticethatcontainsasummaryofthedocument in—(i)anewspaperthatiscirculatinggenerallythroughout the State; and(ii)the gazette;
and(b)publishing a notice that contains a
copy of the documenton the council’s website.(4)The notice must be addressed
to—(a)if the council knows the person’s
name—the person byname; or(b)ifthecouncildoesnotknowtheperson’sname—the‘owner’ or ‘occupier’ at the property’s
address.221Local government related laws
requiring a statement of alawA provision of a
local government related law, that requires adocumenttocontainastatementofarelevantprovisionoflaw, is taken to be complied with if
the document states thatparticulars of the relevant provision
may be—(a)obtained, free of charge, on
application to the council; or(b)viewed at an identified website.222Acting for council in legal
proceedings(1)Inanyproceedings,thechiefexecutiveofficer,oranotheremployee
authorised in writing by the council—Page 170Current as at [Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 7 Other provisions[s
223](a)may give instructions and act as the
authorised agent forthe council; and(b)may
sign all documents for the council.(2)The
council must pay the costs incurred by the chief executiveofficer or other employee in any
proceedings.(3)If the Attorney-General could take
proceedings on behalf ofthecounciltoensurecompliancewithalocalgovernmentrelated law, the
council may take the proceeding in its ownname.223Attempt to commit offenceA
person who attempts to commit an offence against this Actcommits an offence and, on conviction, is
liable to the samepenalties as if the person had committed the
offence.224Types of offences under this
Act(1)An offence against this Act that has a
penalty of more than 2yearsimprisonment,isanindictableoffencethatisamisdemeanour.(2)Any
other offence against this Act is a summary offence.(3)A proceeding for an indictable offence
may be taken, at theprosecution’s election—(a)by way of summary proceedings under
theJustices Act1886;
or(b)on indictment.(4)A
magistrate must not hear an indictable offence summarilyif—(a)atthestartofthehearing,thedefendantasksthatthecharge be prosecuted on indictment;
or(b)themagistrateconsidersthatthechargeshouldbeprosecuted on indictment.(5)If subsection (4) applies—Current as at [Not applicable]Page
171
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 7 Other provisions[s 225](a)the magistrate must proceed by way of
an examinationof witnesses for an indictable offence;
and(b)apleaofthepersonchargedatthestartoftheproceeding must be disregarded;
and(c)evidencebroughtintheproceedingbeforethemagistrate decided to act under
subsection (4) is takento be evidence in the proceeding for
the committal of theperson for trial or sentence;
and(d)before committing the person for trial
or sentence, themagistratemustmakeastatementtothepersonasrequired by theJustices Act
1886, section 104(2)(b).(6)The
maximum penalty that may be summarily imposed for anindictableoffenceis100penaltyunitsor1year’simprisonment.(7)Aproceedingmustbebeforeamagistrateifitisaproceeding—(a)for
the summary conviction of a person on a charge foran
indictable offence; or(b)foranexaminationofwitnessesforachargeforanindictable offence.(8)However, if a proceeding for an
indictable offence is broughtbefore a justice
who is not a magistrate, jurisdiction is limitedto
taking or making a procedural action or order within themeaning of theJustices of the
Peace and Commissioners forDeclarations Act
1991.225Time to start
proceedings in a summary wayProceedingsforanoffenceagainstthisActthataretobeheard in a
summary way under theJustices Act 1886must bestarted—(a)within 1 year after the offence was
committed; or(b)within6monthsaftertheoffencecomestothecomplainant’s
knowledge, but within 2 years after theoffence was
committed.Page 172Current as at
[Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 7 Other provisions[s
226]226Decisions not subject to appeal(1)If a provision of this Act declares a
decision to be not subjectto appeal, that means the
decision—(a)cannotbeappealedagainst,challenged,reviewed,quashed,setaside,orcalledintoquestioninanyway(including under
the Judicial Review Act, for example);and(b)isnotsubjecttoanywritororderofacourtonanyground.Examples—1A person may not bring any proceedings
for an injunction to stopconduct that is authorised by the
decision.2A person may not bring any proceedings
for a declaration about thevalidity of
conduct that is authorised by the decision.(2)Adecisionincludes—(a)conduct related to making the
decision; and(b)a failure to make a decision.(3)Acourtincludes a tribunal or another similar
entity.227Judges and other office holders not
disqualified fromadjudicatingA judge,
magistrate, justice or presiding member of a tribunalisnotdisqualifiedfromadjudicatinginanyproceedingstowhich the council is a party only because
the person is, or isliable to be, a ratepayer of the
council.228Where fines are to be paid to(1)This section applies if, in
proceedings brought by the councilforanoffenceagainstalocalgovernmentrelatedlaw,thecourt imposes a fine.(2)The
fine must be paid to the council’s operating fund, unlessthe
court ordered the fine to be paid to a person.Current as at
[Not applicable]Page 173
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 7 Other provisions[s 229]229Evidence of local laws(1)Inanyproceedings,acertifiedcopyofalocallaworconsolidated
version of a local law is evidence of the contentof
the local law or consolidated version of the local law.(2)Acertified
copyof a local law or consolidated version of
alocallawisacopythathasbeencertifiedbythechiefexecutive officer to be the local law or
consolidated version asmade by the council.(3)In any proceedings, a copy of the
gazette that contains a noticeof 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 aparticular local law is presumed
unless the matter is raised.230Evidence of proceedings of council(1)This section applies to a document
that—(a)purportstobeacopyofanentryinarecordoftheproceedings
of—(i)the council; or(ii)a
committee of the council; and(b)purports to have been signed at the time
when the entrywas made by—(i)the
mayor; or(ii)the chairperson
of the council; or(iii)foracommitteeofthecouncil—thecommitteechairperson; and(c)iscertifiedbythechiefexecutiveofficertobeatruecopy
of the document.(2)The document is evidence—(a)of the proceedings; andPage
174Current as at [Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 7 Other provisions[s
231](b)that the proceedings were properly
held.231Evidentiary 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 ormayor;
and(b)purportstobeverifiedbythemayororanemployeewho is
authorised by the council.(2)The copy of the
document is evidence in any proceedings as ifthe copy were
the original of the document.232Evidentiary 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 ofthe council; and(b)purports to be signed by the chief executive
officer.(2)Thecertificateisevidenceofthematterscontainedinthecertificate.233Evidence of directions given to
council(1)This section applies to a document
that—(a)purportstobeadirectionthattheMinister,orthedepartment’s chief executive, gave to
the council underthis Act; and(b)purportstobecertifiedbyorfortheMinister,orthedepartment’s chief executive, to be a
true copy of thedirection.(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]Page
175
City
of Brisbane Act 2010Chapter 7 Other provisions[s
234]234Evidence of complainant’s knowledge of
matterInacomplaintstartingproceedings,astatementthatthematter of the complaint came to the
complainant’s knowledgeon a stated day is evidence of the
matter.Notauthorised—indicativeonly235Constitution and
limits of council need not be provedIt is not
necessary for the plaintiff in any proceedings startedby,
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 5Delegation of
powers236Delegation of Minister’s powers(1)The Minister may delegate the
Minister’s powers under thisAct to an
appropriately qualified person.(2)However,theMinistermustnotdelegateapowerundersection 42.237Delegation of department’s chief executive’s
powersThedepartment’schiefexecutivemaydelegatethechiefexecutive’spowersunderthisAct,oralocallaw,toanappropriately
qualified person.238Delegation of council powers(1)The council may, by resolution,
delegate a power under thisAct or another
Act to—(a)the mayor; or(b)the
chief executive officer; orPage 176Current as at [Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 7 Other provisions[s
239](c)a standing committee or joint standing
committee; or(d)anotherlocalgovernment,forthepurposesofajointgovernment
activity; or(e)the Establishment and Coordination
Committee.(2)However, the council must not delegate
a power that an Actstates must be exercised by
resolution.(3)Ajointstandingcommitteeisacommitteeconsistingofcouncillors of the council and other local
governments.239Delegation of chief executive
officer’s powers(1)Achiefexecutiveofficermaydelegatethechiefexecutiveofficer’spowerstoanappropriatelyqualifiedemployeeorcontractor of the council.(2)However,thechiefexecutiveofficermustnotdelegatethefollowing powers—(a)apowerdelegatedbythecouncil,ifthecouncilhasdirectedthechiefexecutiveofficernottofurtherdelegate the
power;(b)a power to keep a register of
interests.240Council delegations register(1)Thechiefexecutiveofficermustestablisharegisterofdelegationsthatcontainstheparticularsprescribedunderaregulation.(2)The
chief executive officer must record all delegations by thecouncil, mayor or the chief executive
officer in the register ofdelegations.(3)The
chief executive officer must ensure the public may viewthe
register at the council’s public office or on the council’swebsite.Current as at
[Not applicable]Page 177
City
of Brisbane Act 2010Chapter 7 Other provisions[s
241]Part 6Other
provisionsNotauthorised—indicativeonly241Public office of
the council(1)The council must keep premises for use
as a public office.(2)The public office must be in
Brisbane.242Powers in support of
responsibilities(1)This section applies if the council is
required or empowered toperform a responsibility under a local
government related law.(2)The council has
the power to do anything that is necessary orconvenient for
performing the responsibilities.(3)Thepowersincludeallthepowersthatanindividualmayexercise, including for example—(a)power to enter into contracts;
and(b)powertoacquire,hold,dealwithanddisposeofproperty; and(c)powertochargeforaserviceorfacility,otherthanaservice or facility for which a
cost-recovery fee may befixed.243Validity of council proceedingsThe
proceedings of the council or any of its committees, orthe
actions of a person acting as a councillor or member of acommittee, are not invalid merely because
of—(a)vacanciesinthemembershipofthecouncilorcommittee; or(b)a
defect or irregularity in the election or appointment ofany
councillor or committee member; or(c)thedisqualificationofacouncillororcommitteememberfromactingasacouncillororcommitteemember.Page
178Current as at [Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 7 Other provisions[s
244]244Acceptable requests guidelines(1)Theacceptable
requests guidelinesare guidelines about—(a)thewayinwhichacouncillormayaskacouncilemployee for advice to help the councillor
carry out hisor 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 maymake.(2)TheacceptablerequestsguidelinesaremadebytheEstablishment and Coordination
Committee.245Insurance to cover councillors(1)ThecouncilmayenterintoacontractofinsurancewithWorkCoverQueensland,oranotherinsurer,tocoveritscouncillors.(2)For
that purpose, a councillor’s role includes attending—(a)meetingsofthecounciloritscommitteesthatthecouncillor is entitled or asked to
attend; and(b)meetings for a resident of Brisbane;
and(c)conferences,deputations,inspectionsandmeetingsatwhichthecouncillor’sattendanceispermittedbythecouncil; and(d)official functions organised for the
council.246Special entertainment precincts(1)Thissectionisaboutestablishingaspecialentertainmentprecinct in
Brisbane.(2)Aspecialentertainmentprecinctisanareainwhichnoisefrom
amplified music that is played at licensed premises in thearea
is regulated by a local law.Current as at
[Not applicable]Page 179
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 7 Other provisions[s 247](3)Alicensed
premisesis a licensed premises under theLiquorAct 1992.(4)The effect of
establishing a special entertainment precinct isthat—(a)noise from amplified music played at
licensed premisesin the precinct is regulated by a local law
instead of theLiquor Act 1992; and(b)requirementsimposedunderaplanningschemeordevelopment approval made or given
under the PlanningAct about noise abatement apply in relation
to particularkinds of development in the precinct.(5)Toestablishaspecialentertainmentprecinct,thecouncilmust—(a)amendthecouncil’splanningschemetoidentifythespecial entertainment precinct; and(b)make a local law to regulate noise
from amplified musicfrom premises in the special
entertainment precinct, inaccordance 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 theMajor Sports
FacilitiesAct 2001; or(b)an activity that—(i)isforamajoreventundertheMajorEventsAct2014; and(ii)is being carried
on by, or with the approval of, themajor event
organiser for the major event.247Land
registry searches free of charge(1)This
section applies to any of the following persons—(a)the chief executive officer;(b)anemployeeofthecouncilwhoisauthorisedbythechief executive officer;Page
180Current as at [Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 7 Other provisions[s
248](c)a lawyer or other agent acting for the
council;(d)anemployeeofalawyeroragentmentionedinparagraph (c) who is authorised by the
lawyer or agent.(2)The person may conduct searches of
registers or documentsabout land in the land registry in
accordance with the practiceof the registry
without payment of a fee.248Approved
formsThe department’s chief executive may approve
forms for useunder this Act.250Process for administrative action
complaints(1)The council must adopt a process for
resolving administrativeaction complaints.(2)Anadministrative action complaintis a
complaint that—(a)isaboutanadministrativeactionofthecouncil,including the following, for example—(i)adecision,orafailuretomakeadecision,including a
failure to provide a written statement ofreasons 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)Anaffectedpersonisapersonwhoisapparentlydirectlyaffected by an administrative action of the
council.(4)Aregulationmayprovidefortheprocessforresolvingcomplaintsaboutadministrativeactionsofthecouncilbyaffected persons.Current as at
[Not applicable]Page 181
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 7 Other provisions[s 250A]250AAdvisory pollsThe council may,
in the way decided by the council, conduct avoluntary poll
of the electors in Brisbane or a part of Brisbaneon
any issue of concern to Brisbane or the part.251Information for the Minister(1)TheMinistermay,bywrittennotice,requirethecounciltogive
the Minister information about—(a)Brisbane; or(b)the
council.(2)The council must comply with the
notice.252Regulation-making power(1)TheGovernorinCouncilmaymakeregulationsunderthisAct.(2)For example, a regulation may be made
about—(a)theprocessesofthecouncilindecidingtheremunerationthatispayabletocouncillors(includingthe 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)otherpersonswhoaregivenresponsibilitiestoperform under this Act;(iii)persons who are related to a councillor or a
personmentioned in subparagraph (ii); or(d)therecordingofconflictsofinterestarisingfromtheperformance of a responsibility under this
Act; or(e)theregulationandmanagementofcouncilassetsandinfrastructure; orPage 182Current as at [Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 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)thefinancialsustainabilityandaccountabilityofthecouncil, including the systems of
financial management.Chapter 8Repeal,
transitional,savings and validationprovisionsPart
1Repeals253RepealThe following
Acts are repealed—•AustralianEstatesCompanyLimited,HastingsStreet,New
Farm, Viaduct Authorization Act 1962•BrisbaneCityCouncilBusinessandProcedureAct1939, 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 2010Chapter 8 Repeal, transitional, savings
and validation provisions[s 254]Part 2Transitional and savingsprovisions for
Act No. 23 of2010Notauthorised—indicativeonly254What this part is aboutThis
part is about the transition from the following to this Act(including the transition of rights,
liabilities and interests, forexample)—(a)the repealed City of Brisbane
Act;(b)the repealed Business and Procedure
Act;(c)the repealedLocal Government
Act 1993;(d)a repealed mall
Act.255Brisbane City Council continuedTheBrisbaneCityCouncilundertherepealedCityofBrisbane Act continues in existence as
the council under thisAct.256Local
laws(1)A local law that was—(a)made by the council under the repealed
City of BrisbaneAct,therepealedLocalGovernmentAct1993orarepealed mall Act; and(b)was in force immediately before the
commencement ofthis section;continues in
force as a local law made under this Act.(2)Alocal lawincludes—(a)an interim local law, model local law,
and subordinatelocal law; and(b)a
by-law or ordinance.Page 184Current as at
[Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 8 Repeal, transitional, savings
and validation provisions[s 257](3)Subsection (4)appliesif,beforethecommencement,thecouncil started, but did not complete, the
relevant process foradopting a model local law or making
another local law.Note—Under the
repealedLocal Government Act 1993the
council started theprocessforadoptingamodellocallawbypassingaresolutiontopropose to adopt the model local law and the
council started a processfor making a local law (other than a
model local law) by passing aresolution to
propose to make the local law.(4)The
council may proceed further in adopting or making thelocallawinaccordancewiththerelevantprocessasiftherepealedLocal Government
Act 1993had not been repealed.(5)Therelevant processis the process
under the repealedLocalGovernmentAct1993,chapter12,part2thatappliedtoadopting a model local law or making
another local law.(6)A local law adopted or made under
subsection (4) is taken tobe a local law validly made under this
Act.257Decisions under repealed Acts(1)AdecisionunderthefollowingrepealedActs,thatwasinforce
immediately before the commencement of this section,continues in force as if the decision were
made under this Act,madeatthesametimeasitwasmadeundertherepealedAct—(a)the repealed City of Brisbane
Act;(b)the repealed Business and Procedure
Act;(c)the repealedLocal Government
Act 1993;(d)a repealed mall
Act.(2)Adecisionincludesanagreement,appointment,approval,authorisation,certificate,charge,consent,declaration,delegation,determination,direction,dismissal,exemption,immunity,instruction,licence,memorandumofunderstanding,order,permit,plan,policy,protocol,rates,release,resolution,restriction,settlement,suspensionandwarrant.Current as at
[Not applicable]Page 185
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 8 Repeal, transitional, savings and
validation provisions[s 258]258Established malls(1)A
mall established under a repealed mall Act continues as amall
under this Act.(2)The council may do anything in
relation to a mall mentionedinsubsection (1)thatthecouncilmaydounderthisAct(including closing the mall, for
example).(3)On 1 July 2010, an advisory committee,
established under arepealedmallAct,isdissolvedandthemembersoftheadvisory committee go out of
office.(4)Nocompensationispayabletoamemberbecauseofsubsection (3).259Proceedings and evidence(1)If,immediatelybeforethecommencementofthissection,proceedingsforanappeal,acomplaintoranoffencecouldlegally have been started under the repealed
City of BrisbaneActorarepealedmallActtheproceedingsmaybestartedunder this
Act.(2)Proceedings for an appeal, a complaint
or an offence underany of the Acts may be continued under that
Act, as if this Acthad not commenced.(3)Any
document that was given evidentiary effect under any ofthe
Acts continues to have the evidentiary effect as if that Acthad
not been repealed.260Super trust deedA trust deed for
a superannuation scheme established by theBrisbaneCityCouncilundertherepealedCityofBrisbaneAct, that was in
force immediately before the commencementof this section,
continues in force as a trust deed under thisAct.Page
186Current as at [Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 8 Repeal, transitional, savings
and validation provisions[s 261]261RegistersA register
maintained under the repealed City of Brisbane Actcontinues as if it were made under this
Act.262References to repealed ActsA
referenceinan Actordocumentto any ofthe
followingmay, if the context permits, be taken to be
a reference to thisAct—(a)the
repealed City of Brisbane Act;(b)the
repealed Business and Procedure Act;(c)a
repealed mall Act.Part 4Transitional
provision forRevenue and Other LegislationAmendment Act 2011266Continued superannuation scheme for
councilemployees(1)This
section applies to the superannuation scheme for councilemployeescontinuedinexistenceundersection 211ofthisAct as in force
before the commencement of this section.(2)On
the commencement of this section—(a)thesuperannuationschemeceasestocontinueinexistence under this Act; and(b)the trust deed for the superannuation
scheme ceases tocontinue in force as a trust deed under this
Act.(3)If an audit of the superannuation
scheme is required under theCommonwealthSuperActbecauseofsubsection (2),theaudit must be carried out by the
auditor-general.Current as at [Not applicable]Page
187
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 8 Repeal, transitional, savings and
validation provisions[s 267]Part 5Transitional provisions forLocal Government and OtherLegislation Amendment Act2012267Change in dealing
with complaints(1)This section applies if—(a)the council, or the department’s chief
executive, makesorreceivesacomplaintabouttheconductorperformance of a councillor before the
commencement;and(b)anentityhadstarteddealingwith,buthadnotfinallydealtwith,thecomplaintunderchapter6,part2,division 6.(2)Theformerprocesscontinuestoapplyinrelationtothecomplaint despite any amendment of
this Act under theLocalGovernment and
Other Legislation Amendment Act 2012.(3)Theformer
processis chapter 6, part 2, division 6 as in
forceimmediately before the commencement.(4)To remove any doubt, it is declared
that—(a)an entity dealing with the complaint
must deal with thecomplaint under the former process;
and(b)anydisciplinaryactiontakenagainstacouncillorbecauseofthecomplaintislimitedtotheactionthatmay
be taken under the former process.268Change in process for making local
laws(1)Thissectionappliesifthecouncilhasbegun,butnotcompleted,itsprocessformakingalocallawbeforethecommencement.Page 188Current as at [Not applicable]
City
of Brisbane Act 2010Chapter 8 Repeal, transitional, savings
and validation provisions[s 269](2)ThecouncilmaycontinuetheprocessformakingthelocallawdespiteanyamendmentofthisActundertheLocalGovernment and
Other Legislation Amendment Act 2012.(3)Chapter3,part1,asinforceimmediatelybeforethecommencement,continuestoapplyforthepurposeofsubsection (2).Notauthorised—indicativeonlyPart
6Validation provision forSustainable
Planning(Infrastructure Charges) andOther Legislation AmendmentAct
2014269Validation of rates chargedIt
is declared that the council always has had, whether underthis
Act or a repealed Act, the power to categorise rateableland, and decide differential rates for the
rateable land, in theway stated in section 96(1A).Part
7Transitional provisions forPlanning (Consequential) andOther Legislation AmendmentAct
2016270Definitions for partIn
this part—amending Actmeans thePlanning (Consequential) and OtherLegislation Amendment Act 2016.former, in relation to
a provision, means the provision as inforceimmediatelybeforetheprovisionwasamendedorrepealed under the amending Act.Current as at [Not applicable]Page
189
Notauthorised—indicativeonlyCity of Brisbane Act 2010Chapter 8 Repeal, transitional, savings and
validation provisions[s 271]repealedPlanningActmeanstherepealedSustainablePlanning Act
2009.271Existing
development application—resumption ofparticular
land(1)Thissectionappliestoanexistingdevelopmentapplicationmentioned in
former section 90(1)(a).(2)Formersection90continuestoapplyinrelationtotheapplication as if the amending Act had
not been enacted.(3)In this section—existingdevelopmentapplicationmeansadevelopmentapplication made
under the repealed Planning Act, to whichthe Planning
Act, section 288 applies.272Entry 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)Formersection121continuestoapplyinrelationtotheapplication, permit or notice as if
the amending Act had notbeenenactedandtherepealedPlanningActhadnotbeenrepealed.273Existing remedial notice(1)This
section applies to a remedial notice—(a)given under former section 127A; and(b)requiringtheowneroroccupierofapropertytotakeaction under the
repealed Planning Act.(2)Theremedialnoticecontinuestohaveeffectasiftheamending Act had not been enacted and the
repealed PlanningAct had not been repealed.Page
190Current as at [Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Chapter 8 Repeal, transitional, savings
and validation provisions[s 274]274Existing inside information(1)This section applies to information
about any of the following(existinginsideinformation)that,immediatelybeforethecommencement,wasinsideinformation,inrelationtothecouncil, for former section
173A—(a)the exercise of a power under the
repealed Planning Actby the council, a councillor or a
council employee;(b)adecision,orproposeddecision,undertherepealedPlanning Act of
the council or any of its committees;(c)the
exercise of a power under the repealed Planning Actby
the State, a Minister, a statutory body or an employeeof
the State or statutory body, that affects the council,anyofitscorporateentitiesorlandorinfrastructurewithin
Brisbane;(d)any legal or financial advice about
the repealed PlanningAct created for the council, any of
its committees or anyof its corporate entities.(2)Formersection173AcontinuestoapplyinrelationtotheexistinginsideinformationasiftheamendingActhadnotbeenenactedandtherepealedPlanningActhadnotbeenrepealed.275Existing unpaid fine—where fine to be paid
to(1)This section applies to a fine
mentioned in former section 228that—(a)is unpaid; and(b)was
imposed in proceedings brought by the council foran
offence against the repealed Planning Act.(2)Former section 228 continues to apply in
relation to the fine asif the amending Act had not been
enacted and the repealedPlanning Act had not been
repealed.Current as at [Not applicable]Page
191
City
of Brisbane Act 2010Schedule 1Schedule 1DictionaryNotauthorised—indicativeonlysection 6Page 192acceptable requests guidelinessee
section 244(1).adopt,bythecouncil,meansadoptbyresolutionofthecouncil.ancillary works
and encroachmentsmeans—(a)cellars; or(b)gates; or(c)temporary rock anchors for building support;
or(d)ancillary works and encroachments
under the TransportInfrastructure Act.anti-competitive
provisionmeans a provision that a regulationidentifies as creating barriers to—(a)entry to a market; or(b)competition within a market.appropriatelyqualified,foradelegatedpower,includeshaving the
qualifications, experience or standing to exercisethe
power.Example of standing—a person’s
classification level in the public serviceapproved
formmeans a form approved 248.approved inspection programsee
section 122(2)auditor-generalmeanstheQueenslandAuditor-Generalunder theAuditor-General Act 2009.authorised officermeans a person
who holds office under theLocal Government Act, section
204D.authorisedpersonmeansapersonwhoholdsofficeundersection
199.BCC councillor conduct review panelsee
section 178(6).Current as at [Not applicable]
City
of Brisbane Act 2010Schedule 1Notauthorised—indicativeonlybeginning, of the
council’s term, see section 161(3).beneficial
enterprisesee section 43(3).boundary
changesee section 19(2).Brisbanemeans the City of Brisbane.Building Actmeans theBuilding Act 1975.building certifying activitysee
section 51(4).building unitmeans a lot
under—(a)theBodyCorporateandCommunityManagementAct1997; or(b)theBuilding Units
and Group Titles Act 1980; or(c)theIntegrated Resort Development Act
1987; or(d)theMixed Use Development Act 1993;
or(e)another Act prescribed under a
regulation.business activity, of the
council, means trading in goods andservices by the
council.business unit, of the
council, means a part of the council thatconducts a
business activity of the council.caretaker
period, for the council, see section
92A(1).cause detriment to the council—1Tocause detriment to the councilincludes—(a)tosabotagealawfulprocessofthecouncil(includingadoptingabudgetorconductingatender process, for example); or(b)to cause the council to suffer a loss
in its lawfulperformance of a function or commercial
activity(includingthelossofafuturecontractualarrangement, for
example).2Tocause detriment
to the councildoes not include—(a)merely embarrassing the council; or(b)merely causing disagreement between
councillors.CCCmeans the Crime and Corruption
Commission.Current as at [Not applicable]Page
193
City
of Brisbane Act 2010Schedule 1Notauthorised—indicativeonlyPage 194chairperson of
the councilmeans the councillor appointed bythe
council under section 25(1).changecommissionmeansthechangecommissionestablished
under the Local Government Act.chargesincludes any interest accrued, or premium
owing, onthe charges.chiefexecutiveofficermeansthepersonwhoholdsanappointment under section 190.code
of competitive conductsee section 51(2).commercialisation,ofasignificantbusinessactivity,seesection 48(2).committeechairperson,foracommitteeofthecouncil,means the councillor appointed by members of
the committeeas chairperson of the committee.CommonwealthSuperActmeanstheSuperannuationIndustry
(Supervision) Act 1993(Cwlth).competitive
neutrality principlesee section 47(3).component local
governmentsee the Local Government Act,section 25A(4).conclusion,oftheelectionofacouncillor,seetheLocalGovernment
Electoral Act 2011, section 7.conflict of
interestsee 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 thecouncil; or(b)a
person prescribed under a regulation.convictionincludes a
finding of guilt, and the acceptance of apleaofguilty,byacourt,whetherornotaconvictionisrecorded.corporateentitymeansanentitythathasbeencorporatisedunderthisActandtowhichtheCorporationsActdoesnotapply.Current as at
[Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Schedule 1cost-recovery
feesee section 99(2).councilsee
section 9.council employeemeans any of the
following of or relating tothe
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
workersee section 127(4).courtmeans a court of competent
jurisdiction.Crime and Corruption Actmeans theCrime and CorruptionAct 2001.criminalhistory,ofaperson,meansallconvictions,otherthanspentconvictions,recordedagainstthepersonforoffences, in Queensland or elsewhere,
whether before or afterthe commencement of this Act.department’s chief executivemeans the chief executive of thedepartment.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—1A
persondistributes how-to-vote cards if the
personhandsthecards to other persons or leaves them at a
place for other persons totake away.2Apersondoesnotdistributehow-to-votecardsifthepersonattaches the cards to walls and other
structures, merely for display.electedincludes re-elected.electormeansapersonentitledtovoteinanelectionofcouncillors.Electoral
Actmeans theElectoral Act
1992.Current as at [Not applicable]Page
195
Notauthorised—indicativeonlyCity of Brisbane Act 2010Schedule 1electoralcommissionmeanstheElectoralCommissionofQueensland under the Electoral Act.electoralcommissionermeanstheelectoralcommissionerunder the
Electoral Act.encumbranceincludesanyofthefollowingthataffectsland—(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,asuperannuationscheme,includesjoininestablishing a superannuation
scheme.EstablishmentandCoordinationCommitteemeansthecouncil’sEstablishmentandCoordinationCommitteecontinued under section 24.final part, of the
council’s term, see section 161(5).Forestry
Actmeans theForestry Act
1959.fresh electionmeans an
election of all the councillors of thecouncil that is
not a quadrennial election.fullcostpricing,ofasignificantbusinessactivity,seesection 48(3).general
ratessee section 94(2).governmententityhasthesamemeaningasintheGovernment Owned
Corporations Act 1993.grants
commissionmeans the grants commission
establishedunder the Local Government Act.homeincludes—(a)a room in a boarding house; and(b)a caravan; andPage 196Current as at [Not applicable]
City
of Brisbane Act 2010Schedule 1Notauthorised—indicativeonly(c)amanufacturedhomewithinthemeaningoftheManufacturedHomes(ResidentialParks)Act2003,section 10.Housing Act
contractmeans a contract of sale—(a)that was entered into under—(i)theState Housing
Act 1945, section 24, before therepeal of that
Act; or(ii)theHousing Act 2003, section 113;
or(b)under which—(i)thepurchaseprice,otherthanthedeposit,ispayable in 2 or more instalments; or(ii)the sale is of a
share in a house and land.how-to-votecardseetheLocalGovernmentElectoralAct2011,
schedule.identity card, of a person,
means a card that—(a)identifiesthepersonasanauthorisedperson,councilworker 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 conductsee section
178(4).industrialinstrumentmeansanindustrialinstrumentundertheIndustrial Relations Act 2016.interim local lawsee section
27(4).investigatorsee section
195(2).joint government activitysee
section 12(2).jointlocalgovernmentseetheLocalGovernmentAct,section 25A(2).joint local
government areasee the Local Government Act,section 25A(3).judicial
reviewmeans a review under the Judicial Review
Act.Current as at [Not applicable]Page
197
City
of Brisbane Act 2010Schedule 1Notauthorised—indicativeonlyPage 198Judicial Review
Actmeans theJudicial Review
Act 1991.landincludes—(a)freehold land; and(b)land
held from the State for a leasehold interest; and(c)a mining claim.Land Actmeans theLand Act
1994.Land Title Actmeans theLand
Title Act 1994.LocalGovernmentActmeanstheLocalGovernmentAct2009.localgovernmentareaseetheLocalGovernmentAct,section 8(2).LocalGovernment(FinancialAssistance)ActmeanstheLocal Government (Financial Assistance) Act
1995(Cwlth).local government
principlessee section 4(2).local government
related lawmeans a law under which thecouncil performs the council’s
responsibilities, including, forexample—(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)theWater Act
2000; and(i)theWater Supply (Safety and Reliability)
Act 2008.local lawsee 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; orCurrent as at [Not
applicable]
City
of Brisbane Act 2010Schedule 1Notauthorised—indicativeonly(c)toterminatetheemploymentofthechiefexecutiveofficer; or(d)to
enter into a contract the total value of which is morethan
the greater of the following—(i)$200,000;(ii)1%
of the council’s net rate and utility charges asstated in the council’s audited financial
statementsincludedinthecouncil’smostrecentlyadoptedannual report.material
personal interestsee section 177B.middle, of
the council’s term, see section 161(4).miningclaimmeansaminingclaimundertheMineralResources Act
1989.misconductsee section
178(3).model local lawsee section
27(7).NationalCompetitionPolicyAgreementsmeansthefollowing agreements (made between the
Commonwealth andthe States on 11 April 1995), as in force
for the time being—(a)the Conduct Code Agreement;(b)the Competition Principles
Agreement;(c)theAgreementtoImplementNationalCompetitionPolicy and
Related Reforms.notice of intention to acquire landsee
section 67(2).occupier, of property,
see section 114(6).ordinary business mattermeans—(a)the remuneration of councillors or
members of a councilcommittee; or(b)the
provision of superannuation entitlements or accidentinsurance for councillors or council
employees; or(c)the terms on which goods, services or
facilities are to beoffered by the council for use or
enjoyment of the publicin Brisbane; orCurrent as at
[Not applicable]Page 199
City
of Brisbane Act 2010Schedule 1Notauthorised—indicativeonlyPage 200(d)the
making or levying of rates and charges, or the fixingof a
cost-recovery fee, by the council; or(e)aplanningscheme,oramendmentofaplanningscheme, for
Brisbane; or(f)a resolution required for the adoption
of a budget for thecouncil; 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
insuranceheld, or to be held, by the council;
or(iv)a user of goods,
services or facilities supplied, or tobesupplied,bythecouncil(whetherunderacontract or otherwise) as a member of the
public incommon with other members of the public;
or(v)a candidate for election or
appointment as a mayor,deputymayorormemberofacommitteeofthecouncil; or(vi)amemberofanon-profit,charitableorreligiousorganisationinvolvingnopersonalfinancialgainor loss to the
person.overall State interestis—(a)aninterestthattheMinisterconsidersaffectstheeconomic, environmental or social interest
of all or partof the State; or(b)an
interest that the Minister considers affects the interestofensuringthereisanaccountable,effectiveandefficient system of local government;
or(c)an interest prescribed under a
regulation.ownerof land—1Anownerof
land is—(a)a registered proprietor of freehold
land; orCurrent as at [Not applicable]
City
of Brisbane Act 2010Schedule 1Notauthorised—indicativeonly(b)a purchaser of freehold land from the
State underan Act; or(c)a
purchaser of land under a Housing Act contract;or(d)a person who has a share in land that
the personbought 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
liveson the land; or(f)the
holder of a mining claim or lease; or(g)theholderoflandmentionedintheMineralResources Act 1989, schedule 2,
definitionowner;or(h)alesseeunderthePetroleumAct1923orthePetroleumandGas(ProductionandSafety)Act2004; or(i)a lessee of land held from a
government entity orthe council; or(j)the
holder of an occupation permit or stock grazingpermitundertheForestryActorofapermitprescribed under
a regulation; or(k)the holder of a permission to occupy
from the chiefexecutiveofthedepartmentresponsiblefortheadministration of the Forestry Act;
or(l)theholderofapermittooccupyundertheLandAct; or(m)a licensee under the Land Act;
or(n)for land on which there is a structure
subject to atimesharescheme—thepersonnotifiedtothecouncilasthepersonresponsiblefortheadministrationoftheschemeasbetweentheparticipants in the scheme; or(o)another person who is entitled to
receive rent forthe land; orCurrent as at
[Not applicable]Page 201
Notauthorised—indicativeonlyCity of Brisbane Act 2010Schedule 1(p)anotherpersonwhowouldbeentitledtoreceiverentforthelandifitwereleasedatafullcommercial
rent.2However, anownerof
land does not include the State, oragovernmententity,exceptasfarastheStateorgovernment entity is liable under an Act to
pay rates.perceived conflict of interestsee
section 177E(1)(c)(ii).Planning Actmeans thePlanning Act 2016.planningschememeansaplanningschemeunderthePlanning Act.PlumbingandDrainageActmeansthePlumbingandDrainage Act 2002.policecommissionermeansthecommissionerofthepoliceservice under
thePolice Service Administration Act
1990.political partymeans an
organisation registered as a politicalparty under the
Electoral Act.preliminary assessmentsee section
179(4).private propertysee section
114(4).private sectormeans an entity
that is not—(a)the Commonwealth or a State; or(b)a State authority; or(c)a local government.propertymeans land, any
structure on the land, and a vehicle.public
office, of the council, see section 241.publicplace,forchapter5,part2,division1,seesection 114(5).public
placesee section 114(5).publicthoroughfareeasementisaneasementcreatedunder—(a)the Land Act, chapter 6, part 4,
division 8; or(b)the Land Title Act, part 6, division
4.Page 202Current as at
[Not applicable]
City
of Brisbane Act 2010Schedule 1Notauthorised—indicativeonlypublic utilitiesmeans—(a)worksforthesupplyofdrainage,electricity,gas,sewerage, telecommunications or water;
or(b)worksforaninfrastructurecorridorundertheStateDevelopment and
Public Works Organisation Act 1971,section 82; or(c)works for a purpose mentioned in theState Developmentand Public Works
Organisation Act 1971, section 125;or(d)other works declared under a
regulation to be a publicutility.quadrennialelectionsmeanstheelectionsforlocalgovernments that
are held in 2012, and every fourth year after2012.rateable landsee section
95(2).ratesincludes any
interest accrued, or premium owing, on therates.rates and chargessee section
93(2).real conflict of interestsee
section 177E(1)(c)(i).reasonable entry noticesee
section 127A(3).reasonable proportion of electorssee
section 17(4).registeredofficer,ofapoliticalparty,meanstheregisteredofficer of the
political party under the Electoral Act.registrar of
titlesmeans the public authority responsible
forregistering title to land and dealings
affecting land.regulated poolsee the Building
Act, section 231B.remedial noticesee section
127A(1).repealedBusinessandProcedureActmeanstherepealedBrisbane City
Council Business and Procedure Act 1939.repealedCityofBrisbaneActmeanstherepealedCityofBrisbane Act 1924.repealed mall Actmeans—Current as at [Not applicable]Page
203
Notauthorised—indicativeonlyCity of Brisbane Act 2010Schedule 1(a)therepealedLocalGovernment(ChinatownandTheValley Malls) Act 1984;
or(b)the repealedLocal Government
(Queen Street Mall) Act1981.resolution, of the
council, means the formal decision of thecouncil at a
council meeting.responsibilityincludes a
function.rewarddoes not
include—(a)a councillor’s remuneration as a
councillor; or(b)anamountdecidedunderthedeedundertheSuperannuation(StatePublicSector)Act1990inrelation to a transferring member within the
meaning ofsection 32A of that Act; or(c)reasonable expenses actually incurred
for any 1 or moreof the following—(i)accommodation;(ii)meals;(iii)domestic air travel;(iv)taxi
fares or public transport charges;(v)motor vehicle hire; or(d)anamountpaidasapensionorotherwiseforpastservice in a
full-time government job.roadsee section
65(2).roads activitysee section
51(5).rules of proceduresee section
186A(4).sanitary drain—(a)meansadrainthatisimmediatelyconnectedto,andused to carry
discharges from, a soil or waste pipe; but(b)doesnotincludeapipethatisapartofadrainforcarrying off effluent from a property
after treatment inan on-site sewerage facility.Page
204Current as at [Not applicable]
Notauthorised—indicativeonlyCity
of Brisbane Act 2010Schedule 1senior contract
employeemeans 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 chargessee section 94(5).sewerage
treatment systemmeans the infrastructure used toreceive,transportandtreatsewageoreffluent(includingsewers,accesschambers,machinery,outfalls,pumps,structures and
vents, for example).sign, a thing,
includes the making of a mark on the thing infront of someone
else who signs the thing as witness.significant
business activitysee section 47(4).special rates
and chargessee section 94(3).spent
convictionmeans a conviction—(a)for
which the rehabilitation period under theCriminalLaw
(Rehabilitation of Offenders) Act 1986has
expired;and(b)thatisnotrevivedasprescribedbysection 11ofthatAct.standing committee, of the
council, means a committee of itscouncillorsthatmeetstodiscussthetopicsdecidedbythecouncil when
establishing the committee.State-controlledroadseetheTransportInfrastructureAct,schedule 6.Stateoffice,ofthedepartment,meanstheofficeofthedepartment at the address prescribed
under a regulation.StatutoryBodiesFinancialArrangementsActmeanstheStatutory Bodies Financial Arrangements Act
1982.statutory committee, of the
council, means a committee of thecouncilthatisrequiredunderthisActandmaynotbedissolved by the council.stormwater drainsee section
83(2).stormwater installationsee section
83(3).Current as at [Not applicable]Page
205
Notauthorised—indicativeonlyCity of Brisbane Act 2010Schedule 1structuremeans anything that is built or constructed,
whetheror not it is attached to land.subordinate local lawsee section
27(5).sustainable developmentis development
that is designed tomeet present needs while also taking into
account future costs(includingcoststotheenvironmentandthedepletionofnatural resources, for example).timeshare scheme, for a
structure, means a scheme that is tooperate for at
least 3 years during which time the participantsin
the scheme are, or may become, entitled to use, occupy orpossess the structure, or part of the
structure, for 2 or moreperiods.TransportInfrastructureActmeanstheTransportInfrastructure
Act 1994.utility chargessee section
94(4).ward, of Brisbane,
see section 17(1).Page 206Current as at
[Not applicable]