City of Brisbane Act 1924 (Qld)
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Queensland City of Brisbane Act 1924 Reprinted as in force on 1 January 2009 Reprint No. 4D This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy
Information about this reprint This Act is reprinted as at 1 January 2009. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Spelling The spelling of certain words or phrases may be inconsistent in this reprint or with other reprints because of changes made in various editions of the Macquarie Dictionary (for example, in the dictionary, ‘lodgement’ has replaced ‘lodgment’). Variations of spelling will be updated in the next authorised reprint. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, authorised (that is, hard copy) and unauthorised (that is, electronic), are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If an authorised reprint is dated earlier than an unauthorised version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of an authorised reprint is the same as the date shown for an unauthorised version previously published, it merely means that the unauthorised version was published before the authorised version. Also, any revised edition of the previously published unauthorised version will have the same date as that version. Replacement reprint date If the date of an authorised reprint is the same as the date shown on another authorised reprint it means that one is the replacement of the other.
Queensland City of Brisbane Act 1924 Contents Part 1 1 2 2A 3 3A Part 2 Division 1 4 Division 2 5 6 6A Division 3 13 14A 14Q Division 5 16 16A 17 17A Division 6 22 23 23A 24 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Persons comprising the council service . . . . . . . . . . . . . . . . . . . . 9 Meaning of words in particular applied provisions . . . . . . . . . . . . 9 Application of the Local Government Act . . . . . . . . . . . . . . . . . . . 9 The City Charter City of Brisbane City of Brisbane . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Brisbane City Council Composition of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Council is body corporate etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Powers of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Elections for council Election of mayor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Electoral wards and election of councillors. . . . . . . . . . . . . . . . . . 12 Electoral rolls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Quadrennial elections and extraordinary vacancies Quadrennial elections. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Returning officers for elections . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Provisions concerning elections . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Conduct of elections by electoral commission . . . . . . . . . . . . . . . 15 Members of council Remuneration of mayor and councillors . . . . . . . . . . . . . . . . . . . . 15 Superannuation benefits for councillors . . . . . . . . . . . . . . . . . . . . 17 Mayor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Deputy mayor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
2 City of Brisbane Act 1924 24A Division 7 25 25B 25C 25D 25E Division 8 32 Division 9 36A 37 Division 11 39A 39B 39BA 39C 39D Division 12 Subdivision 1 39E 39F 39G 40 41 Subdivision 2 42 43 44 45 46 Subdivision 3 46A 46B 46C Acting appointment during absence of mayor and deputy mayor ....................................... Town clerk and officers and employees of council Town clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Disclosure by officers of interest in contracts . . . . . . . . . . . . . . . . Appeal by officer against promotion of other officer . . . . . . . . . . . Appeal by employee against disciplinary action . . . . . . . . . . . . . . Superannuation scheme for employees . . . . . . . . . . . . . . . . . . . . Botanic gardens Control of botanic gardens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers and jurisdiction Bridges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Acquisition of land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Administration Administration of council business . . . . . . . . . . . . . . . . . . . . . . . . Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Recording of reasons for particular decisions . . . . . . . . . . . . . . . Council register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Documents open to inspection not to contain information about protected persons. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Contracts and related activities Preliminary Principles governing the making of contracts . . . . . . . . . . . . . . . . What are procurement activities of the council. . . . . . . . . . . . . . . What are designated disposal activities of the council . . . . . . . . . Formalities of making etc. of contracts . . . . . . . . . . . . . . . . . . . . . Limitation on entering into contracts under delegation. . . . . . . . . Requirements relating to procurement activities Annual procurement plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of procurement plan . . . . . . . . . . . . . . . . . . . . . . . . . Inspection of procurement plan . . . . . . . . . . . . . . . . . . . . . . . . . . Significant procurement activity plans . . . . . . . . . . . . . . . . . . . . . Procurement manual . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirements relating to designated disposal activities Annual asset disposal plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirements for asset disposal plan . . . . . . . . . . . . . . . . . . . . . Amendment of asset disposal plan . . . . . . . . . . . . . . . . . . . . . . . 18 19 19 20 20 22 22 24 25 26 27 28 29 30 31 31 31 32 32 33 34 34 34 34 35 35 36
3 City of Brisbane Act 1924 46D 46E 46F Subdivision 4 46G 46H 46I 46J 46K Part 3 Division 1 47 47A 48 49 50 51 52 53 54 55 56 57 58 Division 2 60 61 62 63 64 65 66 67 68 68A 68B 68C Inspection of asset disposal plan . . . . . . . . . . . . . . . . . . . . . . . . . Plans for significant designated disposal activities. . . . . . . . . . . . Asset disposal manual . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirements for disposal of particular land Meaning of land for sdiv 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General requirement for auction or tenders . . . . . . . . . . . . . . . . . Exemptions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Changes to tenders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Acceptance of tender . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Rates and charges General What land is rateable? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Effect of resolution under s 47(1)(d) . . . . . . . . . . . . . . . . . . . . . . . Making of rates and charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . How rates and charges are made . . . . . . . . . . . . . . . . . . . . . . . . Differential general rate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minimum general rate levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Special rates and charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Adjustment of special rates and charges . . . . . . . . . . . . . . . . . . . Refund of special rates and charges—special circumstances . . . Separate rates and charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Utility charges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Utility charges for facilities under construction . . . . . . . . . . . . . . . Validity of particular utility charges . . . . . . . . . . . . . . . . . . . . . . . . Levying of rates Levying rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Rate may be levied or adjusted after end of financial year. . . . . . Person who is liable to pay rate . . . . . . . . . . . . . . . . . . . . . . . . . . Liability to pay rate if change of ownership etc. . . . . . . . . . . . . . . Payment of rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Time within which rates must be paid . . . . . . . . . . . . . . . . . . . . . Payment by instalments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Unpaid rate may bear interest . . . . . . . . . . . . . . . . . . . . . . . . . . . Discount for prompt payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . Discount if payment of rates by instalments . . . . . . . . . . . . . . . . . Discount if special circumstances prevent prompt payment. . . . . Discount if other rates are unpaid . . . . . . . . . . . . . . . . . . . . . . . . 36 36 37 37 37 37 38 39 39 40 40 41 41 41 42 44 45 46 46 49 49 49 52 52 52 53 53 53 54 54 55 56 56
69 70 71 72 73 Division 3 74 75 76 77 78 79 79A 80 Division 4 81 82 83 84 85 86 87 88 89 90 91 92 93 94 Part 4 Division 1 95 96 97 98 99 4 City of Brisbane Act 1924 Other benefits for prompt payment . . . . . . . . . . . . . . . . . . . . . . . . Levy of rate on alteration in unimproved value etc. . . . . . . . . . . . Adjustment of differential general rate on change in category . . . Refund of excess rate and recovery of shortfall . . . . . . . . . . . . . . Refund of rate on termination of entitlement to occupy . . . . . . . . Concessions Meaning of pensioner in division . . . . . . . . . . . . . . . . . . . . . . . . . Remission, composition and settlement of rates . . . . . . . . . . . . . Deferment of payment of liability . . . . . . . . . . . . . . . . . . . . . . . . . Resort to section 75 or 76 requires justification . . . . . . . . . . . . . . Remission for occupancy by pensioners . . . . . . . . . . . . . . . . . . . Council may grant particular concessions on owner’s application .................................... Council may grant concessions to classes of land owners . . . . . Limitation of increase in rate levied . . . . . . . . . . . . . . . . . . . . . . . Categorisation of land for differential rating Establishing criteria and categories . . . . . . . . . . . . . . . . . . . . . . . Identification of categories for parcels of land . . . . . . . . . . . . . . . Specification of categories for parcels of land . . . . . . . . . . . . . . . Entry on land to assist differential rating . . . . . . . . . . . . . . . . . . . Notice to owner of categorisation . . . . . . . . . . . . . . . . . . . . . . . . . Owner’s objection to categorisation . . . . . . . . . . . . . . . . . . . . . . . Determination of owner’s objection . . . . . . . . . . . . . . . . . . . . . . . Effect of determinations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appeal against determination. . . . . . . . . . . . . . . . . . . . . . . . . . . . Constitution and procedure of Land Court . . . . . . . . . . . . . . . . . . Determination of appeal by Land Court . . . . . . . . . . . . . . . . . . . . Levy and recovery of rate unaffected by objection or appeal . . . . Late categorisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Time of effect of late categorisation . . . . . . . . . . . . . . . . . . . . . . . Finance Funds and accounting Funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Trust fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Reserves . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sound accounting principles and procedures to be observed . . . Financial institution accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 56 57 57 57 58 58 59 60 60 61 61 62 63 64 64 65 66 67 67 68 68 69 69 70 70 70 71 71 72 72 72
5 City of Brisbane Act 1924 100 101 102 103 104 105 106 Division 1A 106A 106B 106C Division 2 107 108 109 109A 109B 110 111 Division 3 112 115 Division 4 116 117 118 119 120 121 121A Division 5 122 125 126 Basis of accounting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Accounting periods. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Accounting records. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Surpluses and deficits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Accounting manual. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Losses and ex gratia payments . . . . . . . . . . . . . . . . . . . . . . . . . . Parking receipts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue policy Preparation and adoption of revenue policy . . . . . . . . . . . . . . . . . Requirements and content of revenue policy . . . . . . . . . . . . . . . . Copies of revenue policy to be available for inspection and purchase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Budget Presentation of budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Content of budget documents . . . . . . . . . . . . . . . . . . . . . . . . . . . Adoption of budget—the approved budget . . . . . . . . . . . . . . . . . . Adoption of revenue statement. . . . . . . . . . . . . . . . . . . . . . . . . . . Requirements and content of revenue statement. . . . . . . . . . . . . Budget reporting and monitoring . . . . . . . . . . . . . . . . . . . . . . . . . Members’ liability for unauthorised expenditure . . . . . . . . . . . . . . Investment and borrowing Council is statutory body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Members’ liability for unauthorised borrowings . . . . . . . . . . . . . . Annual statements and report Preparation of annual financial statements . . . . . . . . . . . . . . . . . Financial statements to be submitted to auditor-general . . . . . . . Presentation, tabling etc. of annual financial statements . . . . . . . Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Annual report to be adopted by the council . . . . . . . . . . . . . . . . . Copies of annual report to be given to Minister and available for inspection and purchase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chief executive may require information from council . . . . . . . . . Audit Auditor-general to conduct audits. . . . . . . . . . . . . . . . . . . . . . . . . Auditor-general to audit accounts of superannuation schemes . . General reporting provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 73 73 73 73 74 74 74 74 75 75 75 76 76 77 77 78 78 79 79 80 81 81 83 84 84 84 84 85
6 City of Brisbane Act 1924 Division 6 127 Part 5 132 133 134 135 136 Part 6 Division 1 137 Division 2 137A 137B Part 7 138 Schedule 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Standards Financial management standards . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous Publication of proclamations and orders in council . . . . . . . . . . . Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Resumption of land by council . . . . . . . . . . . . . . . . . . . . . . . . . . . References to vice mayor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application of certain provisions. . . . . . . . . . . . . . . . . . . . . . . . . . Transitional provisions Transitional provision for LocalGovernmentLegislationAmendment Act 2003 Transitional provision for Local Government LegislationAmendmentAct2003—general charges . . . . . . . . . . . . . . . . . . . Transitional provisions for LocalGovernmentandOtherLegislationAmendmentAct2005 Adoption of procurement and asset disposal plans for 2006-2007 financial year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transitional provisions for old contracting provisions . . . . . . . . . . Validation provisions Validation provision for LocalGovernmentandOtherLegislationAmendmentAct2003. . . . . . . . . . . . . . . . . . . . . . . . . Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Positions to be advertised . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Composition of appeal board . . . . . . . . . . . . . . . . . . . . . . . . . . . . Unsuccessful applicants, when to be informed of result of application for classified office . . . . . . . . . . . . . . . . . . . . . . . . . . . Form of notice of appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Where to be forwarded . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dealing with notice of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fixation of hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice of hearing—form of notice of hearing . . . . . . . . . . . . . . . . Town clerk to notify appointment of representative . . . . . . . . . . . Union to notify appointment of representative . . . . . . . . . . . . . . . Withdrawal of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appellants and town clerk to supply names of witnesses . . . . . . Leave to be granted to witnesses etc. . . . . . . . . . . . . . . . . . . . . . Relative papers to be available for appellant . . . . . . . . . . . . . . . . Evidence to be taken in presence of appellant. . . . . . . . . . . . . . . 86 87 88 88 89 89 90 90 91 92 93 93 93 94 95 95 96 96 96 97 97 97 97 97 98 98 98
7 City of Brisbane Act 1924 17 18 19 20 21 22 23 23A 23B 24 25 26 27 28 29 30 Schedule 2 Record of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Public or private appeal, and representation . . . . . . . . . . . . . . . . Duty of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Evidence and decision on appeal to be forwarded to council or committee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers of committee in respect of appeals under section 25C of this Act, and committee’s decision . . . . . . . . . . . . . . . . . . . . . . Decision in respect of appeal to be notified to appellant . . . . . . . Decision of appeal board final in respect of appeals under section 25D of this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Compensation in lieu of reinstatement . . . . . . . . . . . . . . . . . . . . . Preservation of rights of employee . . . . . . . . . . . . . . . . . . . . . . . . Travelling expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Council not responsible for expenses of appellant’s witnesses . . Claims to be submitted to chairperson . . . . . . . . . . . . . . . . . . . . . Expenses to appellant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Expenses of board, by whom paid . . . . . . . . . . . . . . . . . . . . . . . . Meaning of term establishment and coordination committee . . . . Reports etc. may be tabled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 98 99 101 101 101 102 102 103 104 105 105 106 106 106 108 109 Endnotes 1 2 3 4 5 6 7 8 9 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of forms notified of published in the gazette . . . . . . . . . . . . . . . . Information about retrospectivity . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 113 114 114 115 115 123 149 150
s 1 9 s 3A City of Brisbane Act 1924 City of Brisbane Act 1924 [as amended by all amendments that commenced on or before 1 January 2009] An Act for the good government of the City of Brisbane Part 1 Preliminary 1 Short title This Act may be cited as the City of Brisbane Act 1924 . 2 Definitions The dictionary in schedule 2 defines particular words used in this Act. 2A Persons comprising the council service For the purposes of this Act, the council service shall be taken to comprise all persons employed by the council for the time being but shall not include a temporary employee. 3 Meaning of words in particular applied provisions For the application of the Local Government Act, chapters 8 to 11 (the applied provisions ), to the council, a word that is used in this Act and is defined in or for the applied provisions has the meaning given under the applied provisions unless a contrary intention appears or the word is defined in this Act. 3A Application of the Local Government Act (1) The Local Government Act applies to the council only so far as is expressly provided by that or another Act.
s 4 10 s 4 City of Brisbane Act 1924 (2) The provisions of the Local Government Act that apply to the council include the following— • chapter 2, part 1, divisions 2 and 3 and parts 2 and 3 • chapter 3, parts 1 and 3 • chapter 4, part 1, part 3, division 2 and parts 3A and 4 • chapter 5, part 5 • sections 298 to 300, 302 and 314 • chapter 5, parts 8 and 9 • chapter 6, parts 4 and 5 • chapters 8 to 13 • chapter 14, part 1, division 2 and part 7 • chapter 15, other than sections 1114 and 1115 • chapter 17A • section 1205 • chapter 19, part 1, divisions 3 and 4, part 5, part 7 and part 8, section 1271(3) and (4). (3) If the Brisbane City Council is a component local government in a joint local government, the Local Government Act applies to the council as a component local government as if it were a local government established under that Act. Part 2 The City Charter Division 1 City of Brisbane 4 City of Brisbane (1) The area of the City of Brisbane continues to be a city under the name City of Brisbane.
s 5 11 s 6A City of Brisbane Act 1924 (2) The boundaries of the city are the boundaries of the city immediately before the commencement of the Local Government Act, as subsequently varied under that Act. Division 2 Brisbane City Council 5 Composition of council (1) The city shall be governed by a council composed of 27 councillors consisting of the mayor and 26 other councillors. (2) A reference in this or another Act to an alderman of the council is a reference to a councillor of the council. 6 Council is body corporate etc. The council— (a) is a body corporate with perpetual succession; and (b) has a common seal; and (c) may sue and be sued, and otherwise exercise its powers, under the name ‘Brisbane City Council’. 6A Powers of council (1) The council has such powers as are conferred on it under this or any other Act. (2) Without limiting subsection (1), the council has, for or in connection with the performance of its functions, all the powers of an individual, and may, for example— (a) enter into contracts with any party; and (b) acquire, hold, dispose of and deal with property; and (c) appoint agents and attorneys; and (d) make charges, and fix terms and conditions, for services and information supplied by it to any party. (3) In this section— party includes—
s 13 12 s 14Q City of Brisbane Act 1924 (a) the Crown; and (b) another local government; and (c) a public authority of the Crown. Division 3 Elections for council 13 Election of mayor The mayor shall be elected by the whole of the electors of the city and at the quadrennial elections of mayor and other councillors all electoral rolls prepared pursuant to section 17(3) for electoral wards shall together be the electoral roll for the election of mayor. 14A Electoral wards and election of councillors (1) For the purposes only of the election of councillors (other than the mayor), the city must be divided into 26 electoral wards. (2) One councillor shall be returned to the council for each such ward. 14Q Electoral rolls (1) The Electoral Commission shall compile an electoral roll of the electors in each and every electoral ward and for that purpose there shall be, for each and every such electoral ward, rolls which shall be prepared under and in accordance with the requirements of this Act and the ElectoralAct which shall apply and extend accordingly. (5) The Electoral Commission is hereby empowered to issue such orders and give such directions as the commission may consider necessary or expedient for the purpose of the compilation in pursuance of this section of electoral rolls. (5A) Any such orders and directions shall have the force of law and shall be obeyed. (6) The roll prepared in pursuance of this section for any electoral ward with all corrections of and erasures therefrom made under and pursuant to this Act and the Electoral Act shall be
s 16 13 s 16A City of Brisbane Act 1924 the existing roll of electors for that ward within the meaning and for the purposes of this Act until a new roll of electors for that electoral ward has been prepared under and pursuant to this Act. (7) Section 17 applies subject to this section. Division 5 Quadrennial elections and extraordinary vacancies 16 Quadrennial elections (1) A quadrennial election of councillors must be held in, and every fourth year after, 2000. (2) A quadrennial election must be held on the last Saturday in March. (3) However, a regulation may fix a different date for a particular year. 16A Returning officers for elections (1) This section applies to— (a) a quadrennial election of the mayor and other councillors; or (b) a separate election to fill a vacancy in the office of mayor; or (c) a separate election by the electors of an electoral ward to fill a vacancy in the office of councillor for the ward. (2) However, this section does not apply to the conduct of an election under section 17A. (3) The town clerk is the chief returning officer for the election. (4) Also, for an election mentioned in subsection (1)(a) or (c), the town clerk must, by signed writing, appoint a returning officer for each electoral ward or the relevant electoral ward. (5) However, a person who is not a returning officer for an electoral district comprised completely or partly within the
s 17 14 s 17 City of Brisbane Act 1924 city is not eligible for appointment as returning officer without the written permission of the Minister. 17 Provisions concerning elections (1) At an election of the mayor each elector shall have 1 vote only. (1A) At an election of a councillor (other than the mayor) each elector shall have 1 vote only. (2) The election shall be held on a Saturday. (3) For the purposes of the quadrennial election of the mayor and other councillors, there shall be an electoral roll for each electoral ward. (3A) The electoral roll for an electoral ward— (a) shall consist of the names of all electors registered under the ElectoralAct as living in an electoral district or districts or parts thereof comprised within the electoral ward in question on the 31 January in the year in which the quadrennial election in question is to be held with all corrections of and erasures therefrom made under and pursuant to the Electoral Act; (b) shall be in the form prescribed therefor by the ElectoralAct subject to all necessary adaptations and shall be prepared by the Electoral Commission at the cost and expense of the council but in lieu of an electoral roll in that form, wherever practicable in the opinion of the Electoral Commission, use may be made of the electoral roll or rolls (as compiled up to the 31 January in the year in which the quadrennial election in question is to be held) of the electoral district or districts wholly or partly comprised within the electoral ward in question with all corrections and erasures therefrom under and pursuant to the Electoral Act and with such eliminations from or corrections in such electoral roll or rolls as are necessary in consequence of a part or parts of any electoral district in question not being comprised within the electoral ward in question. (3B) The electoral roll prepared in pursuance of subsection (3A) for an electoral ward shall be the roll of electors entitled to
s 17A 15 City of Brisbane Act 1924 s 22 vote in that electoral ward and shall be conclusive evidence of the title of every person therein named to vote. (4) The chief returning officer or, if under section 17A the electoral commission conducts the election, the commission, shall give public notice of every election by advertisement in some newspaper published in the city, and the notice shall specify a day not less than 14 nor more than 21 days after the publication of the notice of election as the day of nomination. (5) The Electoral Act applies to the conduct of elections with any necessary changes and any changes prescribed by regulation. (6) For the purpose of applying the Electoral Act to elections— (a) the chief returning officer has the powers and functions of the Electoral Commission and returning officers under the Electoral Act; and (b) returning officers have the powers and functions of returning officers under the Electoral Act. (7) The chief returning officer may delegate the officer’s powers under this Act to a returning officer. 17A Conduct of elections by electoral commission (1) The council may enter into an agreement with the electoral commission for the conduct of an election by the commission. (2) However, the council may enter into the agreement only after it passes a resolution authorising it to enter into the agreement. (3) The conduct of the election under this section is a function of the commission. Division 6 Members of council 22 Remuneration of mayor and councillors (1) Subject to this section the mayor and other councillors shall respectively be entitled to be paid from the city fund salaries at such rates per annum as the council shall from time to time determine.
s 22 16 s 22 City of Brisbane Act 1924 (1A) Salaries as aforesaid may be determined by the council differentially according to the following classes of offices— (a) the mayor; (b) the deputy mayor; (c) the leader of the opposition; (d) the chairperson of the council; (e) the respective chairpersons of standing committees of the council; (f) other councillors; but the council shall not have power to differentiate between the respective salaries of the councillors holding the offices specified in paragraph (e), or between the respective salaries of councillors specified in paragraph (f). (1AA) Despite subsection (1A), councillors who are directors of a significant business entity— (a) may receive salaries in addition to the salaries under subsection (1A); but (b) must receive the same additional salary. (1AB) Despite subsection (1A), councillors who are shareholder’s delegates for the council’s LGOC— (a) may receive salaries in addition to the salaries under subsection (1A); but (b) must receive the same additional salary. (1B) However— (a) the mayor shall be entitled to receive in addition to salary such allowance for expenses as the council may from time to time determine; (b) if the deputy mayor is also the chairperson of a standing committee of the council—the deputy mayor shall, while the deputy mayor continues to hold both of those offices, be entitled to be paid the salary of whichever of them is the higher, but the deputy mayor shall not be entitled to be paid, and shall not be paid, both of those salaries;
s 23 17 s 23 City of Brisbane Act 1924 (c) during any time during which the mayor is prevented by absence, illness, or otherwise howsoever from performing the duties of that office, the deputy mayor may be paid from the city fund such additional salary as the council may in the circumstances determine, but so that such additional salary shall not together with the salary payable to the deputy mayor as such (or, if the deputy mayor is paid salary as the chairperson of a standing committee of the council, together with the salary payable to the deputy mayor as such chairperson) exceed the rate of salary payable for the time being to the mayor; (d) unless otherwise determined by the council, any additional salary determined by the council to be payable to the deputy mayor under the provisions of paragraph (c) shall be deducted from the salary payable for the time being to the mayor; (e) unless otherwise determined by the council, councillors who are directors of significant business entities under the Local Government Act, chapter 8, part 7 may also receive remuneration and allowances payable to directors of the entity. (2) Every councillor, including the mayor, shall be entitled to be paid monthly the salary lawfully payable under this section in respect of the office for the time being held by the councillor until he or she vacates that office. 23 Superannuation benefits for councillors (1) In this section— scheme means a superannuation scheme for councillors. (2) The council may— (a) establish and amend a scheme; or (b) join in establishing and amending a scheme; or (c) take part in a scheme. (3) However, the council may not establish or take part in a scheme—
s 23A 18 City of Brisbane Act 1924 s 24A (a) under which the council is required to contribute to the scheme for a person who has ceased to be a councillor; or (b) that does not meet the requirements of the Superannuation Industry (Supervision) Act 1993 (Cwlth). (4) If the council acts under subsection (2), it may pay an amount from the city fund by way of a subsidy or contribution to the scheme. 23A Mayor The mayor shall— (a) be a member ex officio of each committee appointed from among the councillors of the council; and (b) have power to formulate general policies concerning the government of the city and shall be responsible to the council for the control of the working and business of that government and for implementing policies adopted by the council; and (c) exercise such other powers, discharge such other functions and perform such other duties as are assigned or delegated to the mayor under this Act. 24 Deputy mayor The council, at its first meeting after the date of the constitution of the council and thereafter at its first meeting after each quadrennial election, shall appoint from amongst the councillors (other than the mayor) a person to be deputy mayor, who, subject to this Act, shall hold that office until the conclusion of the next quadrennial election. 24A Acting appointment during absence of mayor and deputy mayor If the mayor and deputy mayor are at any time prevented by absence, illness, or otherwise from performing the duties of the office of mayor, the council shall have power to appoint
s 25 19 s 25B City of Brisbane Act 1924 another councillor to act as mayor during such time as the mayor and deputy mayor are prevented by absence, illness, or otherwise from performing the duties of the office of mayor, and such councillor while so acting may do all acts that the mayor as such may do. Division 7 Town clerk and officers and employees of council 25 Town clerk There shall be a town clerk, to be appointed by the council. 25B Disclosure by officers of interest in contracts (1) If it comes to the knowledge of an officer employed by the council that a contract in which the officer has any pecuniary interest, whether direct or indirect (not being a contract to which the officer is personally a party) has been, or is proposed to be, entered into by the council, the officer shall as soon as practicable give notice in writing to the council of the fact that he or she is interested therein. (1A) For the purposes of subsection (1) an officer shall be treated as having indirectly a pecuniary interest in a contract or proposed contract if the officer would have been so treated by virtue of section 24B(2) or (3) had the officer been a councillor. (2) An officer of the council shall not, under cover or by virtue of office or employment, exact or accept any fee or reward whatsoever other than the officer’s proper remuneration. (3) If any officer fails to comply with the provisions of subsection (1) or contravenes any of the provisions of subsection (2), the officer shall for each offence be liable on summary conviction to a fine not exceeding $200. (4) Every officer employed by the council who exacts or accepts on account of anything done by virtue of office or in relation to any matters to be done under this Act or any other Act whereby powers or duties are conferred or imposed upon the council any fee or reward, other than the salary or allowance
s 25C 20 City of Brisbane Act 1924 s 25D allowed by the council, or who is in any wise concerned or interested in any bargain or contract made by the council shall, in addition to any other penalty incurred by the officer under this Act or any other Act, be incapable of being afterwards employed by the council or any local government for a period of 5 years. 25C Appeal by officer against promotion of other officer (1) If a vacancy in, or a new office created in, a unit of administration of the council is filled by the promotion (whether with or without transfer) of an officer of that or another unit of administration, any officer employed by the council who considers himself or herself more entitled to the promotion than the officer who has been promoted may appeal against such promotion of such other officer to an appeal board which shall be constituted in the manner set forth in schedule 1 for the purpose of such appeal. (1A) However, an appeal shall not lie— (a) in respect of a promotion made to an office in the administrative division; or (b) by an officer who, having attained the age of 65 years, has been continued in the service of the council. (1B) Also, that the administrative division shall include permanent heads of the units of administration of the council and all other officers whose offices the council from time to time directs to be included in that division. (2) Such appeal may be made on the ground of superior efficiency or equal efficiency and seniority to the officer promoted. (3) The provisions of schedule 1 shall apply and extend to appeals under this section. 25D Appeal by employee against disciplinary action (1) In this section and in schedule 1 in its application and extension to appeals under this section—
s 25D 21 City of Brisbane Act 1924 s 25D employee includes the town clerk, the permanent head of the units of administration of the council and every other officer or employee of the council. otherwise discipline means disrated or fined or dealt with in any other manner other than being dismissed. (2) Any employee of the council who has been dismissed from the employment of the council or who has been otherwise disciplined by or on behalf of the council on the ground of misconduct or unfitness, or neglect of or violation of or absence from duty, or any other offence against discipline, or on any other ground, or without any ground having been given or reason having been assigned may appeal to the appeal board referred to in schedule 1 which shall be constituted for the purposes of such appeal. (3) Where an employee is dismissed or otherwise disciplined on any ground pursuant to subsection (2), such ground shall be furnished in writing to the employee by or on behalf of the council at the time the employee is notified he or she is dismissed or otherwise disciplined. (4) Where an employee appeals to the appeal board under this section against being dismissed or otherwise disciplined, the grounds furnished to the employee by or on behalf of the council in accordance with subsection (3) shall be the grounds on which the employee was dismissed or otherwise disciplined and no other grounds shall be advanced against the employee. (5) An appeal under this section may be made on the ground of innocence of the charge or of any act, omission, matter or conduct meriting being dismissed or otherwise disciplined, as the case may be, or excessive severity of the punishment. (6) Where an employee appeals to the appeal board under this section against being dismissed or otherwise disciplined and no grounds for being dismissed or otherwise disciplined have been furnished in writing to the employee by or on behalf of the council at the time the employee is notified he or she is dismissed or otherwise disciplined, the appeal board, on being satisfied that no grounds have been furnished as aforesaid, shall determine that the appeal is allowed and—
s 25E 22 City of Brisbane Act 1924 s 32 (a) where the appeal is against being dismissed—that the employee be reinstated; (b) where the appeal is against being otherwise disciplined—that the employee be in all respects in no less favourable a position than the employee would have been had the employee not been otherwise disciplined; and, subject to this section and to schedule 1, every such determination shall have effect according to its tenor. (7) In the hearing of an appeal on the ground of excessive severity of the punishment, the board shall take into consideration the previous record of the appellant. (8) The provisions of schedule 1 shall apply and extend to appeals under this section. 25E Superannuation scheme for employees (1) In this section— scheme means a superannuation scheme for council employees. (2) The council may— (a) establish and amend a scheme; or (b) join in establishing and amending a scheme; or (c) take part in a scheme. (3) However, the council may not establish or take part in a scheme that does not meet the requirements of the Superannuation Industry (Supervision) Act 1993 (Cwlth). (4) If the council acts under subsection (2), it may pay an amount from the city fund by way of a subsidy or contribution to the scheme. Division 8 Botanic gardens 32 Control of botanic gardens (1) In this section—
s 32 23 s 32 City of Brisbane Act 1924 botanic gardens means all that parcel of land situated in the County of Stanley, Parish of North Brisbane, City of Brisbane, comprising an area of 57 ac and 3 rd or thereabouts, which was duly constituted a reserve for botanic gardens by an order in council published in the gazette on 1 July 1916, and which said order in council was amended by an order in council published in the gazette on the 12 August 1916, excluding from such parcel of land the land which is occupied by a building known as “the Botanic Museum,” and also so much land as is sufficient to form a convenient curtilage for such museum, together with a reservation of a public right of way to and from the said museum, and such other reservations as may be deemed necessary, which excluded part of the said reserve shall be described, declared, and defined by an order in council published in the gazette. (2) On and after 1 October 1925, the council shall control, manage, and maintain the Botanic Gardens, and the Botanic Gardens shall be deemed for all purposes of this Act to have been established by the council as a reserve for botanic gardens and a public park under this Act. (3) On and after 1 October 1925, the Botanic Gardens shall by virtue of this Act be deemed to be permanently placed under the control of the council for the purposes declared in the aforesaid orders in council creating the said reserve and for no other purposes whatsoever, and the council shall be the trustees of the Botanic Gardens as a reserve within the meaning of the Land Act 1994 . (8) Without limiting its general power to make local laws under this Act, the council is expressly empowered to make all such local laws under this Act as it deems proper relating to the control, management, improvement, maintenance, use, and good government of the Botanic Gardens. (9) However, until the council has made other provision by local law in that behalf the by-laws made by the trustees of the said reserve, a copy whereof was published in the gazette on 1 July 1916, shall remain in force with respect to the Botanic Gardens and shall be administered by the council; and for that purpose the said by-laws shall be construed as if references therein to the ‘Minister’ and ‘gardens,’ respectively, were
s 36A 24 City of Brisbane Act 1924 s 36A references to the ‘council’ and the ‘Botanic Gardens’ respectively. Division 9 Powers and jurisdiction 36A Bridges (1) This section applies to a bridge if it— (a) crosses a tidal river, creek or stream or other tidal water; and (b) has 1 or both ends in the city. (3) The council may assume responsibility from other persons for bridges and their approaches. (4) The council may renew, modify, extend or enlarge a bridge ( council bridge )— (a) that it controlled immediately before the commencement of this section; or (b) for which it assumes responsibility under subsection (3). (5) In acting under subsections (3) and (4), the council must ensure that the requirements of the Harbours Act 1955 , section 86 that apply to the bridge are complied with. (6) The council may maintain, manage, control and regulate the use of a council bridge. (7) If only 1 end of a council bridge is within the city, the council must ensure that the following restrictions, conditions and terms are complied with in relation to the bridge— (a) restrictions, conditions and terms fixed by the Governor in Council before the commencement of this section; (b) restrictions and terms fixed by regulation after the commencement. (8) Subject to any applicable restriction, condition or term mentioned in subsection (7)— (a) local laws apply to a council bridge as if the whole of the bridge were within the city; and
s 37 25 s 37 City of Brisbane Act 1924 (b) the whole of the bridge is taken, for the purposes of any Act, to be a road within the city. 37 Acquisition of land (1) For the purpose of taking any land granted in fee simple required for any purpose of this Act, Brisbane City Council shall be a constructing authority under the Acquisition of LandAct1967 , and, subject to this Act, that Act shall apply and extend accordingly. (2) The council may expend moneys from the city fund for the purpose of making surveys and obtaining plans, estimates, and reports as to the cost or desirability of taking any lands for any purpose of this Act. (2A) However, in the event of such lands being taken by the council such preliminary expenditure shall be charged to the special account to which the cost of such taking is charged. (3) The council may in respect of land taken by it as a constructing authority under the Acquisition of Land Act 1967 do all or any of the following things— (a) demolish, alter, improve or retain any buildings or erections thereon; (b) construct or erect new buildings thereon; (c) dedicate any part thereof and construct the same as a road for public use; (d) generally alter, remodel and improve such land and in such manner as it may think fit; (e) with the prior approval of the Minister, lease the whole or any part of such land for such periods and on such terms and conditions as it may think fit until such time as the land may be required for the purpose for which it was taken; (f) if the land or any part thereof is found to be not required for the purpose for which it was taken, with the prior approval of the Minister sell the same.
s 39A 26 City of Brisbane Act 1924 s 39A Division 11 Administration 39A Administration of council business (1) The council may, notwithstanding the provisions of any local law, whether the local law was made before or after the commencement of the CityofBrisbaneActAmendmentAct1986 , section 18 from time to time by resolution— (a) establish or abolish a unit of administration or establish or alter its structure including the structure of its subunits of administration; (b) assign a name to or alter the name of a unit of administration or subunit of administration; (c) determine the matters to be administered by a unit of administration or subunit of administration; (d) create or abolish an office of permanent head of a unit of administration and assign a title to or alter the title of an office of permanent head; (e) make such other administrative arrangements in respect of the working and business of the council as it thinks fit. (2) Where there is in any Act other than this Act a reference to a unit of administration named therein, the council shall not make a resolution under subsection (1) abolishing that unit of administration or altering its name without the approval of the Governor in Council first had and obtained. (2A) Where the council makes a resolution in breach of subsection (2), the resolution shall be void and of no effect. (3) The power of the council to make a resolution for the purposes of subsection (1)(c) or (e) includes the power to make a resolution that deems one of its administrative bodies to be another such administrative body for the purpose of 1 of the following having effect— (a) an agreement, contract, deed or other document, instrument or writing made or issued by the council or by an administrative body or to which the council or an administrative body is a party, that contains a reference to an administrative body;
s 39B 27 City of Brisbane Act 1924 s 39B (b) a provision of this Act that contains a reference to an administrative body; (c) a provision of any other Act including an instrument of subordinate legislation thereunder that contains a reference to an administrative body. (3A) For the purposes of subsection (3), other than paragraph (b), the mayor shall be deemed to be an administrative body. (3B) Where the council makes a resolution under subsection (3) the document, instrument, writing or provision shall be read and construed so as to give effect to the resolution. (4) The council shall not make a resolution pursuant to subsection (3) in respect of a provision defined in subsection (3)(c) without the approval of the Governor in Council first had and obtained. (4A) Where the council makes a resolution in breach of subsection (4), the resolution shall be void and of no effect. (5) A resolution made pursuant to subsection (3) may be in respect of a specified reference or class thereof, a specified document, instrument or writing or class thereof, or a specified provision or class thereof, including a class of instrument of subordinate legislation. (6) Subject to this Act, the permanent head of a unit of administration shall be responsible for its general working and for all the business thereof and shall be responsible to the town clerk in respect thereof. 39B Delegation (1) The council may, by resolution, delegate its powers (other than a power that it is required to exercise by resolution) to— (a) the mayor; or (b) a committee of the council; or (c) an officer or employee of the council; or (d) a board or committee consisting of officers and employees of the council.
s 39BA 28 City of Brisbane Act 1924 s 39BA (2) This section does not apply to powers of the council as a shareholder of an LGOC, under the Local Government Act, chapter 8, part 7. 39BA Recording of reasons for particular decisions (1) This section applies if a decision made at a meeting— (a) is inconsistent with a recommendation or advice given to the council by a person— (i) who is an employee of the council or is otherwise engaged to provide services to the council; and (ii) whose duties include giving the recommendation or advice; and (b) either or both of the following apply to the decision— (i) the decision is about entering into a contract the total value of which is more than the greater of the following— (A) $150000; (B) 1% of the council’s net rate and utility charges as stated in the council’s audited financial statements included in the council’s most recently adopted annual report; (ii) the decision is inconsistent with— (A) the policy or approach ordinarily followed by the council for the type of decision; or (B) a policy previously adopted by the council by resolution, whether or not as required by this Act or the Local Government Act, and still in force. Examples of decisions to which subsection (1) might apply — • the grant of a licence, permit or approval, however named, under an Act or local law • the grant of a concession, rebate or waiver in relation to an amount owed to the council • disposing of land or a non-current asset
s 39C 29 City of Brisbane Act 1924 s 39C (2) The town clerk must ensure the minutes of the meeting include a statement of the reasons for not adopting the recommendation or advice. (3) In this section— meeting means a meeting of— (a) the council; or (b) a committee of the council appointed from among its councillors. 39C Council register (1) The council shall maintain a register that shows in a consolidated form— (a) committees appointed from among its councillors; (b) the administrative structure of the council service including its units and major subunits of administration, boards and members thereof, significant offices and holders thereof, including the names of the permanent heads of the units of administration; (c) the administrative bodies within the council service that are deemed to be other administrative bodies by reason of resolutions made by the council pursuant to section 39A(3) and the purposes for which they are so deemed; (d) the significant decision making processes of the council, including any delegations currently in force; (da) appointments by the council of shareholder’s delegates for its LGOC under the Local Government Act, section 643; (e) such other information as the council thinks fit or the Governor in Council prescribes by regulation. (2) The council must— (a) keep the register open to inspection; and (b) make copies of the register, or extracts from the register, available for purchase at its public office at a price not more than the cost to the council of producing the copy
s 39D 30 City of Brisbane Act 1924 s 39D and, if a copy is supplied to a purchaser by post, the cost of postage. (3) The council shall maintain at its office and open to public inspection a record of all resolutions made by the council under section 39A and section 39B together with an explanation of the practical effect of those resolutions upon the matters and things referred to in subsection (1)(a) to (e). (4) A register or record required to be kept by this section may be kept in printed form or by electrical, mechanical or other device. (5) This section applies to delegations by shareholder’s delegates under the Local Government Act, section 729 as if the shareholder’s delegates were the council. 39D Documents open to inspection not to contain information about protected persons (1) This section applies to a document that— (a) is, under this Act, open to inspection; and (b) is, or is based on, a document given to the council by the chief executive (valuations); and (c) would, apart from this section, include the name and postal address of a protected person. (2) If the chief executive (valuations) gives notice to the council under the Valuation of Land Act 1944 , section 73A, about a protected person, the council must not include the name and postal address of the protected person in the document when the document is open to inspection. (3) In this section— chief executive (valuations) means the chief executive of the department in which the ValuationofLandAct1944 is administered. protected person means a person for whose benefit the chief executive (valuations) has made a direction under the Valuation of Land Act 1944 , section 75B(2), that continues to have effect.
s 39E 31 City of Brisbane Act 1924 s 39G Division 12 Contracts and related activities Subdivision 1 Preliminary 39E Principles governing the making of contracts (1) In entering into contracts for the carrying out of work, the supply of goods or services or the disposal of assets, the council must have regard to the following principles— (a) open and effective competition; (b) value for money; (c) encouragement of the development of competitive local business and industry; (d) environmental protection; (e) ethical behaviour and fair dealing. (2) For contracts for the carrying out of work, or the supply of goods or services, the principles are the procurement principles . (3) A regulation may make a provision about the application of the procurement principles. 39F What are procurement activities of the council The procurement activities of the council are its activities that are, or relate to, the making of contracts for the carrying out of work, or the supply of goods or services. 39G What are designated disposal activities of the council (1) The designated disposal activities of the council are its activities that are, or relate to, the disposal of its relevant non-current assets, other than land. (2) For subsection (1), a relevant non-current asset of the council is a non-current asset the value of which is equal to or above the value set under subsection (3).
s 40 32 s 41 City of Brisbane Act 1924 (3) The council must act under the finance standards, as if it were a local government, to set an amount below which the value of a non-current asset must be treated as an expense. 1 (4) In this section— finance standards means the Local Government Finance Standards under the Local Government Act. 40 Formalities of making etc. of contracts (1) For the purposes of the formalities of making, varying or discharging contracts, a delegate or other person acting with the authority of the council may make, vary or discharge a contract in the name of, or on behalf of, the council in the same way as if the contract were made, varied or discharged by an individual. (2) The making, varying or discharging of a contract under subsection (1) is effective in law and binds the council and other parties to the contract. (3) This section does not prevent the council from making, varying or discharging a contract under its seal. (4) This section does not affect the operation of any law that requires— (a) a consent or sanction to be obtained; or (b) a procedure to be complied with in relation to the making, varying or discharging of a contract. 41 Limitation on entering into contracts under delegation A delegate of the council may make a contract on behalf of, or in the name of the council, only if— (a) provision has been made for meeting the cost of the contract in the council’s approved budget; or (b) the entering into of the contract has been approved by the council in a case of emergency. 1 See the finance standards, sections 42 (Register of non-current assets) and 43 (Setting amount for treating non-current asset as an expense).
s 42 33 s 42 City of Brisbane Act 1924 Subdivision 2 Requirements relating to procurement activities 42 Annual procurement plans (1) The council must adopt, by resolution, a procurement plan for each of its financial years. (2) The resolution must be passed before the adoption of the council’s budget for the financial year to which the procurement plan relates. (3) If the council has made a corporate plan, the procurement plan must be consistent with, and support, the achievement of the strategic directions stated in the corporate plan. (4) The procurement plan must state— (a) the types of procurement activities proposed for the financial year; and (b) how the procurement principles are to be applied for the activities; and (c) how the application of the principles will be measured; and (d) a policy about proposed delegations for the activities; and (e) a policy about the making of the council’s significant procurement activity plans; 2 and (f) a market assessment for each of the activity types; and (g) any of the activities (a significant procurement activity ) that the council considers will be significant. (5) In considering whether any of the activities are a significant procurement activity, the council must have regard to the market assessment. (6) The market assessment must consist of a profile of the relative expenditure and difficulty in securing supply of the activity type assessed. 2 See section 45 (Significant procurement activity plans).
s 43 34 s 46 City of Brisbane Act 1924 43 Amendment of procurement plan The council may, by resolution, amend its procurement plan at any time before the end of the financial year to which it relates. 44 Inspection of procurement plan The council must— (a) keep its procurement plan open to inspection; and (b) make copies available for purchase at its public office at a price not more than the cost to it of producing the copy and, if a copy is supplied to a purchaser by post, the cost of the postage. 45 Significant procurement activity plans (1) If the council’s procurement plan states any significant procurement activities, the council must make a plan (a significant procurement activity plan ) for each of the activities before it starts. (2) A significant procurement activity plan must state— (a) its objectives, and how they will be achieved; and (b) any alternative ways of achieving the objectives, and why the alternative ways were not adopted; and (c) a risk analysis of the market from which the relevant goods or services are to be procured. (3) The objectives must be consistent with the council’s procurement plan. (4) The council may amend a significant procurement activity plan at any time before the end of the financial year to which it relates. 46 Procurement manual (1) The council must prepare a manual of procedures for how it carries out its procurement activities. (2) The manual must—
s 46A 35 City of Brisbane Act 1924 s 46B (a) apply the procurement principles; and (b) be consistent with the council’s procurement plan. Subdivision 3 Requirements relating to designated disposal activities 46A Annual asset disposal plan (1) The council must adopt, by resolution, an asset disposal plan for its designated disposal activities for each of its financial years. (2) The asset disposal plan must— (a) comply with section 46B; and (b) if the council has made a corporate plan—be consistent with, and support, the achievement of the strategic directions stated in the corporate plan. (3) The resolution must be passed before the adoption of the council’s budget for the financial year to which the asset disposal plan relates. 46B Requirements for asset disposal plan (1) An asset disposal plan must state each of the following— (a) the types of designated disposal activities proposed for the financial year to which it relates; (b) the principles and strategies for carrying out the activities; (c) how the application of the principles will be measured; (d) the outcomes proposed to be achieved from carrying out the activities; (e) any of the activities (a significant designated disposal activity ) that the council considers will be significant. (2) In considering whether any of the activities are a significant designated disposal activity, the council must have regard to the matters mentioned in subsection (1)(a) to (d).
s 46C 36 City of Brisbane Act 1924 s 46E 46C Amendment of asset disposal plan The council may, by resolution, amend its asset disposal plan at any time before the end of the financial year to which it relates. 46D Inspection of asset disposal plan The council must— (a) keep its asset disposal plan open to inspection; and (b) make copies available for purchase at its public office at a price not more than the cost to it of producing the copy and, if a copy is supplied to a purchaser by post, the cost of the postage. 46E Plans for significant designated disposal activities (1) If the council’s asset disposal plan states any significant designated disposal activities, the council must make a plan (a significant disposal activity plan ) for each of the activities before it starts. (2) A significant disposal activity plan must state— (a) the objectives of the activity that the plan is for; (b) how the objectives support the asset disposal plan; (c) how the objectives are to be achieved; (d) how achievement of the objectives will be measured; (e) any alternative ways of achieving the objectives, and why the alternative ways were not adopted; (f) proposed contractual arrangements for the activity; and (g) a risk analysis of the market in which the relevant assets are to be disposed of. (3) The objectives must be consistent with the council’s asset disposal plan. (4) The council may amend any of its significant disposal activity plans at any time before the end of the financial year to which it relates.
s 46F 37 City of Brisbane Act 1924 s 46I 46F Asset disposal manual (1) The council must prepare a manual of procedures for how it disposes of its non-current assets. (2) The manual must— (a) include a policy about how the council deals with its non-current assets that have a value of less than the amount set under section 39G(3); and (b) be consistent with the council’s asset disposal plan. Subdivision 4 Requirements for disposal of particular land 46G Meaning of land for sdiv 4 In this subdivision, land includes an interest in land. 46H General requirement for auction or tenders (1) The council may dispose of land only by auction or after inviting tenders. (2) The tender invitation must— (a) be by an advertisement in a newspaper circulating generally in the council’s area; and (b) allow at least 7 days from the day of the advertisement for the submission of tenders. (3) This section is subject to section 46I. 46I Exemptions (1) The council may dispose of land without complying with section 46H if— (a) the disposal is to— (i) the State; or (ii) a government entity under the Government OwnedCorporations Act 1993 ; or
s 46J 38 City of Brisbane Act 1924 s 46J (iii) a local government owned corporation under the Local Government Act; or (iv) another local government; or (v) a community organisation; or (vi) another Australian government, an entity of another Australian government or a local government of another State or a Territory; or (b) if the land would not be rateable land after the disposal; or (c) the land was previously offered for sale under the section and was not sold; or (d) the council resolves that it is of the opinion that it is in the public interest that the land be disposed of without an auction or inviting tenders. (2) If subsection (1)(c) applies, the land must not be sold for less than the highest bid or tender received. (3) A resolution under subsection (1)(d)— (a) must state reasons for the opinion expressed in it; and (b) may relate to a particular disposal or a type of disposal; and (c) if the resolution relates to a type of disposal—expires 1 year after it is made. (4) In this section— community organisation means an entity that is a non-profit entity or otherwise exists for a public purpose. 46J Changes to tenders (1) This section applies if— (a) the council invites tenders for a contract for the disposal of land; and (b) the invitation states that the council might later invite all tenderers to change their tenders. (2) Before making a decision on the tenders, the council may invite all the persons who have submitted a tender to change
s 46K 39 City of Brisbane Act 1924 s 47 their tender to take account of a change in the tender specifications. 46K Acceptance of tender (1) If the council decides to accept a tender for a contract for the disposal of land, it must accept the tender most advantageous to it. (2) However, the council may decide not to accept any tender available to it. Part 3 Rates and charges Division 1 General 47 What land is rateable? (1) All land is rateable land other than— (a) vacant Crown land; or (b) land occupied by or on behalf of— (i) the Crown; or (ii) a Crown instrumentality; or (c) land exempt from rating by regulation; or (d) land used for public, religious, charitable or educational purposes that is exempt from rating under a resolution of the council; or (e) the following land under the TransportInfrastructureAct 1994 — (i) strategic port land occupied by a port authority, the State, or a government entity (within the meaning of the GovernmentOwnedCorporationsAct1993 ); (ii) existing or new rail corridor land;
s 47A 40 City of Brisbane Act 1924 s 48 (iii) commercial corridor land that is not subject to a lease. (2) Subject to subsection (3), land is not occupied on behalf of the Crown or a Crown instrumentality if— (a) it is ordinarily used for residential purposes, regardless of whether it is occupied at a particular time; or (b) it is ordinarily used for a commercial enterprise, regardless of whether it is used for a commercial purpose at a particular time. (3) Land is occupied on behalf of the Crown or a Crown instrumentality if it is ordinarily used for residential purposes by a person— (a) holding an appointment under, or in the employment of, the Crown or a Crown instrumentality; and (b) who is required by the terms of appointment or employment to live on the land. (4) Land may be exempted from rating under subsection (1)(c) despite it being land used for a purpose mentioned in subsection (1)(d) or land to which a resolution under subsection (1)(d) applies. 47A Effect of resolution under s 47(1)(d) (1) This section applies to a resolution under section 47(1)(d) made by the council for any land after the commencement of this section. (2) Also, this section applies despite the terms of the resolution. (3) The resolution exempts the land from all general rates, differential general rates, minimum general rate levies and separate rates and charges. 48 Making of rates and charges (1) The council must make a general rate or differential general rates for each financial year. (2) The council may, for a financial year, make and levy the following—
s 49 41 s 51 City of Brisbane Act 1924 (a) minimum general rate levies; (b) separate rates and charges; (c) special rates and charges; (d) utility charges. 49 How rates and charges are made A rate or charge mentioned in section 48 may only be made for a financial year by resolution at the council’s budget meeting for the year. 50 Differential general rate (1) Before a differential general rate is made and levied, rateable land must be categorised into 2 or more categories under division 4. (2) A differential general rate made and levied on rateable land in a category may be the same as or different to the differential general rate made and levied on land in another category. (3) If the council makes and levies a differential general rate for rateable land for a financial year, the council must not make and levy a general rate for the land for the year. (4) A differential general rate may be made and levied on a lot under a community titles Act as if it were a parcel of rateable land. (5) To remove any doubt, it is declared that a differential general rate may be made and levied on a lot included in a community titles scheme under the BodyCorporateandCommunityManagement Act 1997 . 51 Minimum general rate levy (1) The council may identify rateable land for the purpose of making and levying a minimum general rate levy in any way it considers appropriate. (2) Subject to subsection (3), the council may, for a financial year, make and levy not more than 1 minimum general rate levy on rateable land.
s 52 42 s 52 City of Brisbane Act 1924 (3) If the council makes and levies a differential general rate for the financial year, the council— (a) may make and levy different minimum general rate levies on rateable land in different categories; but (b) must not make and levy more than 1 minimum general rate levy for rateable land in a category. (4) The council must not make and levy a minimum general rate levy for a parcel of land if— (a) the ValuationofLandAct1944 , section 25, applies to the parcel; and (b) under that section, the parcel’s discounted valuation period has not ended. 52 Special rates and charges (1) The council may make and levy a special rate or charge on rateable land if— (a) the rate or charge is for a service, facility or activity; and (b) in the council’s opinion— (i) the land, or the occupier of the land, has or will specially benefit from, or has or will have special access to, the service, facility or activity; or (ii) the occupier of the land, or the use made or to be made of the land, has or will specially contribute to the need for the service, facility or activity. Examples for subsection (1)(b)(i) — • a rural fire services charge to raise funds for a rural fire brigade to purchase or maintain equipment to service only part of the city • a tourism promotion charge levied on land used for businesses that would benefit from tourism promotion in the city • a recreational facilities charge levied over a 2 year period to contribute to the cost of building playground facilities and amenities in a nominated park in part of the city • a cultural centre charge levied over an 8 year period to contribute to the cost of building a centre in part of the city, with construction to start within a certain number of years after the charge is first levied
s 52 43 s 52 City of Brisbane Act 1924 • a charge, levied over a 20 year period, to repay a loan for the construction of a drainage system in part of the city, from which some land would commence receiving a benefit in a year and the remainder in a later year of the 20 year period Example for subsection (1)(b)(ii )— • an entity that relies on road transport for its business specially contributes to the wear and tear on a local road adjoining its property and is likely to need a higher standard of road than the occupiers of other properties adjoining the road (2) The special rate or charge may be made and levied on the bases the council considers appropriate. (3) The council may fix a minimum amount of a special rate. (4) Without limiting subsection (2), the amount of the special rate or charge may vary according to the extent to which the council considers— (a) the land, or the occupier of the land, has or will specially benefit from, or has or will have special access to, the service, facility or activity; or (b) the occupier of the land, or the use made or to be made of the land, has or will specially contribute to the need for the service, facility or activity. (5) The council’s resolution making the special rate or charge must identify— (a) the rateable land to which the rate or charge applies; and (b) the overall plan for the supply of the service, facility or activity. (6) The overall plan must— (a) be adopted by the council by resolution, either before or when it first makes the special rate or charge; and (b) identify the rateable land to which the rate or charge applies; and (c) describe the service, facility or activity; and (d) state the estimated cost of implementing the overall plan; and (e) state the estimated time for implementing the overall plan.
s 53 44 s 53 City of Brisbane Act 1924 (7) Under an overall plan, a special rate or charge may be made and levied for 1 or more years before any of the funds received by the council from the special rate or charge are expended in implementing the plan. (8) If an overall plan will not be implemented within 1 year, the council must, at or before the budget meeting for each year of the period for implementing the overall plan, by resolution, adopt an annual implementation plan for the year. (9) The council may, by resolution, at any time, amend an overall plan or an annual implementation plan. (10) The council may identify parcels of rateable land to which the rate or charge applies in any way it considers appropriate. (11) Subsection (1) is taken to have been complied with if the special rate or charge is made and levied on— (a) all rateable land that, at the time of making and levying the rate or charge, could reasonably be identified as land on which the rate or charge may be made and levied; or (b) all rateable land on which the rate or charge may be made and levied, other than land accidentally omitted. (12) To remove any doubt, it is declared that the council may make and levy a special rate or charge under subsection (1) for a service, facility or activity not supplied by the council itself, including a service, facility or activity supplied or undertaken by another local government— (a) in the other local government’s area; and (b) under arrangements entered into, under the Local Government Act, section 59, by the council and the other local government. 53 Adjustment of special rates and charges (1) If more funds are received by the council from a special rate or charge made and levied in a financial year than are expended in carrying out the implementation plan for the year, the council may carry the unexpended funds forward for expending under an implementation plan in a future financial year.
s 54 45 s 54 City of Brisbane Act 1924 (2) A special rate or charge is not invalid merely because the council made and levied a special rate or charge on land to which section 52(1)(b) did not apply. (3) If the council makes and levies a special rate or charge on land to which section 52(1)(b) does not apply, the council must return the funds received to the person on whom the special rate or charge was levied. (4) If the council has funds received from a special rate or charge remaining after an overall plan is implemented, or after the council decides not to fully implement an overall plan, the council must, as soon as practicable after the plan is implemented or the decision is made, pay the remaining funds, in the same proportions as the special rate or charge was last levied, to the current owners of the land on which the special rate or charge was levied. (5) However, subsection (4) does not apply if section 54 applies to the remaining funds. 54 Refund of special rates and charges—special circumstances (1) This section applies if— (a) the council decides not to fully implement an overall plan that has been partly implemented; and (b) the council has funds received from a special rate or charge remaining; and (c) the plan identifies, for different stages of its implementation, the rateable land, or occupiers of the land, that will benefit from, or have access to, the service, facility or activity. (2) As soon as practicable after making the decision, the council must pay the remaining funds, in the reasonable proportions decided by the council by resolution, to the current owners of the land on which the special rate or charge was levied. (3) The council must decide the proportions having regard to the following— (a) the proportions in which the rate or charge has been levied on each parcel of rateable land;
s 55 46 s 56 City of Brisbane Act 1924 (b) the extent to which the land, or its occupiers, benefits from, or has access to, the service, facility or activity. 55 Separate rates and charges (1) The council may make and levy a separate rate or charge for a service, facility or activity in the way it considers appropriate. (2) The council may fix a minimum amount of a separate rate. (3) To remove any doubt, it is declared that the council may make and levy a separate rate or charge for a service, facility or activity whether or not the service, facility or activity is supplied by the council itself. 56 Utility charges (1) The council may make and levy a utility charge on— (a) any land, whether vacant or occupied, and whether or not it is rateable land; or (b) a structure. (2) A utility charge may be for— (a) supplying water, gas or sewerage services; or (b) supplying cleansing services for occupied land or a structure. (3) The council may, under section 57, make and levy a utility charge for supplying water or sewerage services before construction of the facilities for supplying the services is completed. (4) A utility charge may be made and levied on the bases the council considers appropriate. (5) Without limiting subsection (4), the amounts of utility charges may differ on the basis of— (a) the use made of particular land, or a particular structure or a class of land or structure; or (b) the unimproved value of particular land; or
s 56 47 s 56 City of Brisbane Act 1924 (c) any other circumstances peculiar to the supply of the relevant service to particular land, a particular structure or a class of land or structure. (6) To remove any doubt, it is declared that the council may make and levy a utility charge for a service whether or not the service is supplied by the council itself. (7) The council may, and it is declared always could, do 1 or more of the following— (a) make and levy a utility charge for services supplied or to be supplied during part of the financial year and part of another financial year; (b) make and levy differing charges for services supplied or to be supplied during various periods in 1 or more financial years; (c) in making and levying differing charges under paragraph (b), decide the way the charges are to be apportioned. Examples of application of subsection (7) — 1 For water used between 30 April 1998 and 31 July 1998, the council may resolve to charge— (a) for water used (as measured) during the period 30 April 1998 to 31 July 1998 on the basis of the charge made at the budget meeting for the 1997–1998 financial year; or (b) for water used (as measured) during the period 30 April 1998 to 31 July 1998 on the basis of the charge made at the budget meeting for the 1998–1999 financial year; or (c) for— (i) water used (as measured) during the period 30 April 1998 to 30 June 1998 on the basis of the charge made at the budget meeting for the 1997–1998 financial year; and (ii) water used (as measured) during the period 1 July 1998 to 31 July 1998 on the basis of the charge made at the budget meeting for the 1998–1999 financial year; or (d) an apportioned charge for water used during the 2 periods (30 April 1998 to 30 June 1998 and 1 July 1998 to 31 July 1998) on the basis of— (i) the total amount of water used (as measured) during the period 30 April 1998 to 31 July 1998—93 days—being apportioned to each period according to the respective
129 City of Brisbane Act 1924 Provisions for Election of Mayor s 20B ins 1930 21 Geo 5 No. 45 s 14 om 1933 24 Geo 5 No. 13 s 15 Meetings s 21 sub 1930 21 Geo 5 No. 45 s 15 om 1939 3 Geo 6 No. 30 s 7 Financial year hdg (prec s 21A) om 1992 No. 13 s 7 sch s 24 Division 6—Members of council div hdg ins 1992 No. 13 s 7 sch s 24 Financial year s 21A ins 1930 21 Geo 5 No. 45 s 16 om 1992 No. 13 s 7 sch s 25 Remuneration of mayor and councillors s 22 amd 1930 21 Geo 5 No. 45 s 17 sub 1933 24 Geo 5 No. 13 s 16; 1948 12 Geo 6 No. 45 s 4 amd 1986 No. 17 s 7; 1991 No. 25 s 6; R1 (see RA s 39); 1997 No. 23 s 6; 2007 No. 36 s 2 sch Superannuation benefits for councillors s 23 prev s 23 amd 1930 21 Geo 5 No. 45 s 18 sub 1933 24 Geo 5 No. 13 s 17; 1937 1 Geo 6 No. 19 s 2; 1944 8 Geo 6 No. 15 s3 om 1948 12 Geo 6 No. 45 s 4 pres s 23 ins 1967 No. 52 s 2 amd 1986 No. 17 s 8; 1992 No. 13 s 7 sch s 26 sub 1995 No. 11 s 4 Mayor hdg (prec s 23A) ins 1986 No. 17 s 9 om 1992 No. 13 s 7 sch s 27 Mayor s 23A ins 1986 No. 17 s 9 Deputy Mayor hdg (prec s 24) sub 1986 No. 17 s 10 om 1992 No. 13 s 7 sch s 28 Deputy mayor prov hdg sub 1986 No. 17 s 11(1) s 24 amd 1934 25 Geo 5 No. 32 s 23; 1986 No. 17 s 11(1); 1999 No. 59 s 60 sch Acting appointment during absence of mayor and deputy mayor prov hdg amd 1986 No. 17 s 12(a) s 24A ins 1936 1 Edw 8 No. 5 s 10 amd 1986 No. 17 s 12(b)
130 City of Brisbane Act 1924 Disability of alderman for voting on account of interest in contracts, &c. s 24B (prev s 25A) ins 1936 1 Edw 8 No. 5 s 11 amd 1966 No. 31 s 4 sch; 1987 No. 36 s 17 reloc as s 24B 1992 No. 13 s 7 sch s 30 om 1993 No. 70 s 804 sch Town Clerk hdg (prec s 25) om 1992 No. 13 s 7 sch s 29 Division 7—Town clerk and officers and employees of council div hdg ins 1992 No. 13 s 7 sch s 29 Town clerk s 25 sub 1924 15 Geo 5 No. 32 s 36A (ins 1930 21 Geo 5 No. 45 s 19); 1933 24 Geo 5 No. 13 s 18 Disclosure by officers of interest in contracts s 25B ins 1936 1 Edw 8 No. 5 s 11 amd 1966 No. 31 s 4 sch; 1992 No. 13 s 7 sch s 31 Appeal by officer against promotion of other officer s 25C ins 1936 1 Edw 8 No. 5 s 12 amd 1940 4 Geo 6 No. 19 s 2 sub 1943 7 Geo 6 No. 30 s 2 amd 1986 No. 17 s 13; 1999 No. 30 s 3 sch 1; 2003 No. 85 s 28 sch Appeal by employee against disciplinary action s 25D ins 1943 7 Geo 6 No. 30 s 2 sub 1973 No. 59 s 2 amd 1986 No. 17 s 14; 2003 No. 85 s 28 sch Superannuation scheme for employees s 25E ins 1986 No. 17 s 15 amd 1990 No. 26 s 13 (retro); 1992 No. 13 s 7 sch ss 32–33 sub 1995 No. 11 s 5 Powers until 1st October, 1925 hdg (prec s 26) om 1986 No. 17 s 16(a) Duties of Council until 1st October, 1925 s 26 om 1986 No. 17 s 16(a) Interim expenditure s 27 om 1986 No. 17 s 16(a) Powers preparatory to union of parts of Shires of Tingalpa and Yeerongpilly with the City s 28 om 1986 No. 17 s 16(a) Abolition of Component Areas and Local Bodies hdg (prec s 29) om 1986 No. 17 s 16(b) Abolition of Areas, &c. s 29 om 1986 No. 17 s 16(b)
131 City of Brisbane Act 1924 Transfer of property s 30 om 1986 No. 17 s 16(b) Control of Victoria Bridge s 31 amd 1957 6 Eliz 2 No. 41 s 18 om 1986 No. 17 s 16(b) Botanic Gardens hdg (prec s 32) om 1992 No. 13 s 7 sch s 34 Division 8—Botanic gardens div hdg ins 1992 No. 13 s 7 sch s 34 Control of botanic gardens s 32 amd 1992 No. 13 s 7 sch s 35 Existing Loans hdg (prec s 33) om 1986 No. 17 s 16(c) Existing Treasury loans s 33 amd 1966 No. 31 s 4 sch om 1986 No. 17 s 16(c) Victoria Bridge loan s 34 om 1986 No. 17 s 16(c) Current debentures where interest only payable by instalments s 35 om 1986 No. 17 s 16(c) Powers and Jurisdiction hdg (prec s 36) om 1992 No. 13 s 7 sch s 36 Division 9—Powers and jurisdiction div hdg ins 1992 No. 13 s 7 sch s 36 Powers and jurisdiction of the Council s 36 amd 1940 4 Geo 6 No. 19 s 3; 1959 8 Eliz 2 No. 70 s 2; 1976 No. 66 s 4(4) sch 1 pt C; 1990 No. 24 s 3.2; 1992 No. 13 s 7 sch ss 37–38 om 1993 No. 70 s 804 sch Bridges s 36A prev s 36A ins 1930 21 Geo 5 No. 45 s 19 om 1933 24 Geo 5 No. 13 s 19 pres s 36A ins 1953 2 Eliz 2 No. 19 s 5 amd 1992 No. 13 s 7 sch s 39 sub 1993 No. 8 s 4 amd 1993 No. 70 s 804 sch; 1999 No. 30 s 3 sch 1 Appeals against Valuations s 36B ins 1930 21 Geo 5 No. 45 s 19 sub 1933 24 Geo 5 No. 13 s 20 om 1944 8 Geo 6 No. 3 sch 2 s 1(1) Acquisition of land s 37 sub 1967 No. 48 s 3(2) sch 1
132 City of Brisbane Act 1924 Ordinances hdg (prec s 38) om 1992 No. 13 s 7 sch s 40 Division 10—Ordinances div hdg ins 1992 No. 13 s 7 sch s 40 om 1993 No. 70 s 804 sch Ordinances s 38 amd 1966 No. 31 s 4 sch; 1969 No. 26 s 5(1); 1976 No. 84 s 5; 1980 No. 18 s 31; 1986 No. 17 s 17; 1990 No. 107 s 3.4; 1992 No. 13 s 7 sch ss 41–43 om 1993 No. 70 s 804 sch Validation of ordinances, acts etc. s 38A ins 1993 No. 22 s 4 exp 2 July 1993 (see s 38A(4)) om 1993 No. 70 s 804 sch Repeal of ordinances s 39 om 1993 No. 70 s 804 sch Administration hdg (prec s 39A) ins 1986 No. 17 s 18 om 1992 No. 13 s 7 sch s 44 Division 11—Administration div hdg ins 1992 No. 13 s 7 sch s 44 Administration of council business s 39A ins 1986 No. 17 s 18 Delegation s 39B ins 1986 No. 17 s 18 sub 1992 No. 13 s 7 sch s 45 amd 1997 No. 23 s 7; 2007 No. 36 s 2 sch Recording of reasons for particular decisions s 39BA ins 2007 No. 21 s 58 Council register s 39C ins 1986 No. 17 s 18 amd 1992 No. 13 s 7 sch s 46; 1997 No. 23 s 8; 2005 No. 26 s 4; 2007 No. 36 s 2 sch Documents open to inspection not to contain information about protected persons s 39D ins 1997 No. 78 s 30 What are “designated disposal activities” of the council s 39G amd 2007 No. 36 s 2 sch Revenue hdg (prec s 40) s ub 1936 1 Edw 8 No. 5 s 13 om 1992 No. 13 s 7 sch s 47 Division 12—Contracts and related activities div hdg ins 1992 No. 13 s 6 sub 2005 No. 54 s 4
133 City of Brisbane Act 1924 Subdivision 1—Preliminary sdiv 1 (ss 39E–39G) ins 2005 No. 54 s 4 Formalities of making etc. of contracts s 40 sub 1936 1 Edw 8 No. 5 s 13 amd 1943 7 Geo 6 No. 13 s 8; 1980 No. 18 s 33; 1982 No. 38 s 2; 1990 No. 24 s 3.3 sub 1992 No. 13 s 6 Limitation on entering into contracts under delegation s 41 sub 1936 1 Edw 8 No. 5 s 13 amd 1943 7 Geo 6 No. 13 s 9; 1945 10 Geo 6 No. 5 s 13; 1986 No. 17 s 19 sub 1992 No. 13 s 6 Books and accounts s 41A ins 1936 1 Edw 8 No. 5 s 13 om 1992 No. 13 s 6 Powers of Governor in Council in relation to ss 41 and 41A prov hdg amd 1982 No. 38 s 3 s 41B ins 1936 1 Edw 8 No. 5 s 13 om 1992 No. 13 s 6 Subdivision 2—Requirements relating to procurement activities sdiv hdg ins 2005 No. 54 s 5 Annual procurement plans s 42 amd 1933 24 Geo 5 No. 13 s 21 sub 1936 1 Edw 8 No. 5 s 14; 1992 No. 13 s 6; 2005 No. 54 s 5 Exceptions to the requirement for tenders or quotations s 42A ins 1999 No. 30 s 19 om 2005 No. 54 s 5 Amendment of procurement plan s 43 sub 1992 No. 13 s 6; 2005 No. 54 s 5 Guarantee of loans s 43A ins 1936 1 Edw 8 No. 5 s 15 om 1982 No. 33 s 14(2) sch 3 Brokerage s 43B ins 1936 1 Edw 8 No. 5 s 15 amd 1986 No. 17 s 20 om 1992 No. 13 s 6 Inspection of procurement plan s 44 amd 1930 21 Geo 5 No. 45 s 20; 1933 24 Geo 5 No. 13 s 22; 1944 8 Geo 6 No. 3 s 3(2) sch 2 s 1(2); 1966 No. 31 s 2; 1980 No. 18 s 34; 1982 No. 68 s 2; 1986 No. 17 s 21; 1990 No. 24 s 3.4 sub 1992 No. 13 s 6; 2005 No. 54 s 5
134 City of Brisbane Act 1924 Power to compound rates s 44A ins 1936 1 Edw 8 No. 5 s 16 sub 1944 8 Geo 6 No. 15 s 4 amd 1980 No. 18 s 35; 1986 No. 17 s 22; 1990 No. 24 s 3.5; 1991 No. 25 s 7 om 1992 No. 13 s 6 Charges and Fees hdg (prec s 44B) ins 1991 No. 25 s 8 om 1992 No. 13 s 6 Charges and fees s 44B ins 1991 No. 25 s 8 om 1992 No. 13 s 6 Sinking Funds hdg (prec s 45) om 1992 No. 13 s 7 sch s 48 Significant procurement activity plans s 45 pres s 45 ins 1992 No. 13 s 6 sub 2005 No. 54 s 5 Procurement manual s 46 prev s 46 om 1992 No. 13 s 7 sch s 50 pres s 46 ins 1992 No. 13 s 6 amd 1999 No. 30 s 3 sch 1 sub 2005 No. 54 s 5 Subdivision 3—Requirements relating to designated disposal activities sdiv 3 (ss 46A–46F) ins 2005 No. 54 s 5 Subdivision 4—Requirements for disposal of particular land sdiv hdg ins 2005 No. 54 s 5 Meaning of land for sdiv 4 s 46G ins 2005 No. 54 s 5 General requirement for auction or tenders s 46H ins 2005 No. 54 s 5 Exemptions s 46I ins 2005 No. 54 s 5 amd 2007 No. 36 s 2 sch Changes to tenders s 46J ins 2005 No. 54 s 5 Acceptance of tender s 46K ins 2005 No. 54 s 5 PART 3—RATES AND CHARGES pt hdg ins 1992 No. 13 s 6 Division 1—General div hdg ins 1992 No. 13 s 6
135 City of Brisbane Act 1924 What land is rateable? s 47 prev s 47 amd 1966 No. 31 s 4 sch om 1992 No. 13 s 7 sch s 50 pres s 47 ins 1992 No. 13 s 6 amd 1995 No. 32 s 23 sch; 1997 No. 76 s 5; 1999 No. 30 s 3 sch 1 Effect of resolution under s 47(1)(d) s 47A prev s 47A ins 1936 1 Edw 8 No. 5 s 17 amd 1940 4 Geo 6 No. 19 s 5 om 1992 No. 13 s 7 sch s 50 pres s 47A ins 1997 No. 76 s 6 Making of rates and charges s 48 prev s 48 om 1949 13 Geo 6 No. 26 s 5(5) pres s 48 ins 1992 No. 13 s 6 sub 2003 No. 2 s 4 Fire Brigades hdg (prec s 49) om 1992 No. 13 s 7 sch s 51 How rates and charges are made s 49 prev s 49 om 1992 No. 13 s 7 sch s 52 pres s 49 ins 1992 No. 13 s 6 sub 2003 No. 2 s 4 Different general rate s 50 prev s 50 om 1992 No. 13 s 7 sch s 52 pres s 50 ins 1992 No. 13 s 6 sub 2003 No. 2 s 4 Minimum general rate levy s 51 prev s 51 om 1992 No. 13 s 7 sch s 52 pres s 51 ins 1992 No. 13 s 6 sub 1999 No. 30 s 10; 2003 No. 2 s 4 Special rates and charges s 52 prev s 52 om 1992 No. 13 s 7 sch s 52 pres s 52 ins 1992 No. 13 s 6 sub 2003 No. 2 s 4 amd 2007 No. 36 s 2 sch Enlargement of the city hdg (prec s 53) om 1992 No. 13 s 7 sch s 53 Adjustment of special rates and charges s 53 pres s 53 ins 1992 No. 13 s 6 amd 1999 No. 30 s 3 sch 1 sub 2003 No. 2 s 4 General provisions hdg (prec s 54) om 1992 No. 13 s 7 sch s 55 PART III—CITY OF BRISBANE PLANNING SCHEME pt hdg ins 1952 1 Eliz 2 No. 52 s 3 om 1959 8 Eliz 2 No. 18 s 2(b)
136 City of Brisbane Act 1924 Refund of special rates and charges—special circumstances s 54 prev s 54 om 1992 No. 13 s 7 sch s 56 pres s 55 ins 1992 No. 13 s 6 sub 2003 No. 2 s 4 Separate rates and charges s 55 pres s 55 ins 1992 No. 13 s 6 sub 2003 No. 2 s 4 Utility charges s 56 pres s 56 ins 1992 No. 13 s 6 amd 1999 No. 30 s 11 sub 2003 No. 2 s 4 Utility charges for facilities under construction s 57 prev s 57 ins 1952 1 Eliz 2 No. 52 s 4 om 1959 8 Eliz 2 No. 18 s 2(c) pres s 57 ins 1992 No. 13 s 6 amd 1999 No. 30 s 12 sub 2003 No. 2 s 4 Validity of particular utility charges s 58 prev s 58 ins 1952 1 Eliz 2 No. 52 s 4 om 1959 8 Eliz 2 No. 18 s 2(c) pres s 58 ins 1992 No. 13 s 6 amd 1996 No. 81 s 12 sub 2003 No. 2 s 4 amd 2007 No. 36 s 2 sch Validity of particular utility charges s 58A ins 2000 No. 4 s 18 om 2003 No. 2 s 4 General charges s 59 prev s 59 ins 1952 1 Eliz 2 No. 52 s 4 om 1959 8 Eliz 2 No. 18 s 2(c) pres s 59 ins 1992 No. 13 s 6 om 2003 No. 2 s 4 Division 2—Levying of rates div hdg ins 1992 No. 13 s 6 Levying rates s 60 prev s 60 ins 1952 1 Eliz 2 No. 52 s 4 om 1959 8 Eliz 2 No. 18 s 2(c) pres s 60 ins 1992 No. 13 s 6 amd 1999 No. 30 ss 13–15; 2003 No. 2 s 5; 2007 No. 36 s 2 sch Rate may be levied or adjusted after end of financial year s 61 prev s 61 ins 1952 1 Eliz 2 No. 52 s 4 om 1959 8 Eliz 2 No. 18 s 2(c) pres s 61 ins 1992 No. 13 s 6
137 City of Brisbane Act 1924 Person who is liable to pay rate s 62 ins 1992 No. 13 s 6 Liability to pay rate if change of ownership etc. s 63 ins 1992 No. 13 s 6 Payment of rates s 64 ins 1992 No. 13 s 6 Time within which rates must be paid s 65 ins 1992 No. 13 s 6 amd 1993 No. 70 s 804 sch sub 1999 No. 30 s 16 Payment by instalments s 66 ins 1992 No. 13 s 6 amd R1 (see RA s 5(d)); 1999 No. 30 s 3 sch 1; 2003 No. 2 s 6 amd 2007 No. 36 s 2 sch Unpaid rate may bear interest s 67 ins 1992 No. 13 s 6 amd 1999 No. 30 s 17 Discount for prompt payment s 68 ins 1992 No. 13 s 6 sub 1999 No. 30 s 18 amd 2003 No. 2 s 7; 2007 No. 36 s 2 sch Discount if payment of rates by instalments s 68A ins 1999 No. 30 s 18 Discount if special circumstances prevent prompt payment s 68B ins 1999 No. 30 s 18 Discount if other rates are unpaid s 68C ins 1999 No. 30 s 18 Other benefits for prompt payment s 69 ins 1992 No. 13 s 6 amd 1996 No. 81 s 13 (2)–(4) exp 30 June 1998 (see s 69(4)) Levy of rate on alteration in unimproved value etc. s 70 ins 1992 No. 13 s 6 Adjustment of differential general rate on change in category s 71 ins 1992 No. 13 s 6 Refund of excess rate and recovery of shortfall s 72 ins 1992 No. 13 s 6 Refund of rate on termination of entitlement to occupy s 73 ins 1992 No. 13 s 6 Division 3—Concessions div hdg ins 1992 No. 13 s 6
138 City of Brisbane Act 1924 Meaning of “pensioner” in division s 74 ins 1992 No. 13 s 6 Remission, composition and settlement of rates s 75 ins 1992 No. 13 s 6 amd R1 (see RA s 5(d)); 2003 No. 2 s 8 amd 2007 No. 36 s 2 sch Deferment of payment of liability s 76 ins 1992 No. 13 s 6 amd R1 (see RA s 5(d)); 2003 No. 2 s 9 amd 2007 No. 36 s 2 sch Resort to section 75 or 76 requires justification s 77 ins 1992 No. 13 s 6 Remission for occupancy by pensioners s 78 ins 1992 No. 13 s 6 Council may grant particular concessions on owners application prov hdg sub 2003 No. 2 s 10(1) s 79 ins 1992 No. 13 s 6 amd 2003 No. 2 s 10(2) Council may grant concessions to classes of land owners s 79A ins 2003 No. 2 s 11 amd 2007 No. 36 s 2 sch Limitation of increase in rate levied s 80 amd 2003 No. 2 s 12; 2003 No. 85 s 9 Division 4—Categorisation of land for differential rating div hdg ins 1992 No. 13 s 6 Establishing criteria and categories s 81 ins 1992 No. 13 s 6 amd 2003 No. 2 s 13 Identification of categories for parcels of land s 82 ins 1992 No. 13 s 6 amd 1992 No. 64 s 3 sch 1; 2001 No. 92 s 5 Specification of categories for parcels of land s 83 ins 1992 No. 13 s 6 Entry on land to assist differential rating s 84 ins 1992 No. 13 s 6 amd 1992 No. 64 s 3 sch 1; 2001 No. 92 s 6 Notice to owner of categorisation s 85 ins 1992 No. 13 s 6 amd 1992 No. 64 s 3 sch 1; 2001 No. 92 s 7; 2003 No. 2 s 14 Owner’s objection to categorisation s 86 ins 1992 No. 13 s 6 amd 2001 No. 92 s 8
139 City of Brisbane Act 1924 Determination of owner’s objection s 87 ins 1992 No. 13 s 6 amd 2001 No. 92 s 9 Effect of determinations s 88 ins 1992 No. 13 s 6 Appeal against determination s 89 ins 1992 No. 13 s 6 amd 2000 No. 1 s 86 sch 1; 2001 No. 92 s 10 Constitution and procedure of Land Court s 90 ins 1992 No. 13 s 6 amd 2000 No. 1 s 86 sch 1 Determination of appeal by Land Court s 91 ins 1992 No. 13 s 6 Levy and recovery of rate unaffected by objection or appeal s 92 ins 1992 No. 13 s 6 Late categorisation s 93 ins 1992 No. 13 s 6 amd 2001 No. 92 s 11 Time of effect of late categorisation s 94 ins 1992 No. 13 s 6 PART 4—FINANCE pt hdg ins 1992 No. 13 s 6 Division 1—Funds and accounting div hdg ins 1992 No. 13 s 6 Funds s 95 ins 1992 No. 13 s 6 amd 1997 No. 17 s 74 sch Trust fund s 96 ins 1992 No. 13 s 6 Reserves s 97 ins 1992 No. 13 s 6 Sound accounting principles and procedures to be observed s 98 ins 1992 No. 13 s 6 Financial institution accounts prov hdg amd 1997 No. 17 s 74 sch s 99 ins 1992 No. 13 s 6 amd 1997 No. 17 s 74 sch Basis of accounting s 100 ins 1992 No. 13 s 6 Accounting periods s 101 ins 1992 No. 13 s 6
140 City of Brisbane Act 1924 Accounting records s 102 ins 1992 No. 13 s 6 Surpluses and deficits s 103 ins 1992 No. 13 s 6 Accounting manual s 104 ins 1992 No. 13 s 6 Losses and ex gratia payments s 105 ins 1992 No. 13 s 6 Parking receipts s 106 ins 1992 No. 13 s 6 amd 1993 No. 70 s 804 sch Division 1A—Revenue policy div hdg ins 2003 No. 2 s 15 Preparation and adoption of revenue policy s 106A ins 2003 No. 2 s 15 Requirements and content of revenue policy s 106B ins 2003 No. 2 s 15 Copies of revenue policy to be available for inspection and purchase s 106C ins 2003 No. 2 s 15 Division 2—Budget div hdg ins 1992 No. 13 s 6 Presentation of budget s 107 ins 1992 No. 13 s 6 Content of budget documents s 108 ins 1992 No. 13 s 6 amd 1997 No. 23 s 9; 2003 No. 2 s 16; 2007 No. 36 s 2 sch Adoption of budget—the approved budget s 109 ins 1992 No. 13 s 6 Adoption of revenue statement s 109A ins 2003 No. 2 s 17 Requirements and content of revenue statement s 109B ins 2003 No. 2 s 17 amd 2007 No. 36 s 2 sch Budget reporting and monitoring s 110 ins 1992 No. 13 s 6 Members’ liability for unauthorised expenditure s 111 ins 1992 No. 13 s 6 Division 3—Investment and borrowing div hdg ins 1992 No. 13 s 6
141 City of Brisbane Act 1924 Council is statutory body s 112 ins 1992 No. 13 s 6 sub 1996 No. 54 s 9 sch Investing money s 113 ins 1992 No. 13 s 6 om 1996 No. 54 s 9 sch Application of Statutory Bodies Financial Arrangements Act s 114 ins 1992 No. 13 s 6 om 1996 No. 54 s 9 sch Members’ liability for unauthorised borrowings s 115 ins 1992 No. 13 s 6 amd 1996 No. 54 s 9 sch Division 4—Annual statements and report div hdg ins 1992 No. 13 s 6 Preparation of annual financial statements s 116 ins 1992 No. 13 s 6 amd 1997 No. 23 s 10; 1997 No. 42 s 19 sch; 2005 No. 26 s 5 Financial statements to be submitted to auditor-general prov hdg amd 1999 No. 29 s 50 sch s 117 ins 1992 No. 13 s 6 amd 1999 No. 29 s 50 sch Presentation, tabling etc. of annual financial statements s 118 ins 1992 No. 13 s 6 amd 1999 No. 29 s 50 sch Annual report s 119 ins 1992 No. 13 s 6 amd 1997 No. 23 s 11; 1997 No. 76 s 7; 1999 No. 29 s 50 sch; 2003 No. 2 s 18; 2005 No. 26 s 6; 2005 No. 54 s 6; 2007 No. 36 s 2 sch Annual report to be adopted by the council s 120 ins 1992 No. 13 s 6 Copies of annual report to be given to Minister and available for inspection and purchase s 121 ins 1992 No. 13 s 6 Chief executive may require information from council s 121A ins 2000 No. 20 s 29 sch 3 amd 2007 No. 36 s 2 sch Division 5—Audit div hdg ins 1992 No. 13 s 6 Auditor-general to conduct audits s 122 ins 1992 No. 13 s 6 amd 1993 No. 9 s 26
142 City of Brisbane Act 1924 Nature of audit s 123 ins 1992 No. 13 s 6 om 1993 No. 9 s 27 Frequency of audits s 124 ins 1992 No. 13 s 6 om 1993 No. 9 s 27 Auditor-general to audit accounts of superannuation schemes s 125 ins 1992 No. 13 s 6 amd 1999 No. 29 s 50 sch General reporting provisions s 126 ins 1992 No. 13 s 6 amd 1993 No. 9 s 28 Division 6—Standards div hdg ins 1992 No. 13 s 6 Financial management standards s 127 ins 1992 No. 13 s 6 amd 1997 No. 23 s 12; 2000 No. 20 s 29 sch 3; 2005 No. 26 s 7; 2007 No. 36 s 2 sch Division 7—Sinking funds div hdg ins 1992 No. 13 s 6 om 1996 No. 54 s 9 sch City debt redemption fund s 128 (prev s 45) amd 1924 15 Geo 5 No. 32 s 36A (ins 1930 21 Geo 5 No. 45 s 19); 1930 21 Geo 5 No. 45 s 21; 1933 24 Geo 5 No. 13 s 23; 1940 4 Geo 6 No. 19 s 4 sub 1982 No. 38 s 4 reloc as s 128 1992 No. 13 s 7 sch s 49 amd 1993 No. 70 s 804 sch om 1996 No. 54 s 9 sch PART 5—MISCELLANEOUS pt hdg ins 1992 No. 13 s 7 sch s 53 Provision for enlargement of the city s 129 (prev s 53) reloc 1992 No. 13 s 7 sch s 54 om 1993 No. 8 s 5 Penalties to be paid into City Fund s 130 ins 1992 No. 13 s 7 sch s 56 om 1993 No. 70 s 804 sch Quinquennial Reprint of Ordinances etc. s 131 (prev s 55) amd 1924 15 Geo 5 No. 32 s 36A (ins 1930 21 Geo 5 No. 45 s 19) sub 1966 No. 31 s 3 amd 1992 No. 13 s 7 sch ss 57–58 reloc as s 131 1992 No. 13 s 7 sch s 59 om 1993 No. 70 s 804 sch
143 City of Brisbane Act 1924 Publication of proclamations and orders in council s 132 (prev s 56) ins 1952 1 Eliz 2 No. 52 s 3 om 1959 8 Eliz 2 No. 18 s 2(c) ins 1966 No. 31 s 3 reloc as s 132 1992 No. 13 s 7 sch s 60 Regulation-making power prov hdg sub 2003 No. 85 s 28 sch s 133 ins 1992 No. 13 s 7 sch s 61 Resumption of land by council s 134 (prev 1986 No. 11 s 8) reloc 1995 No. 57 s 4 sch 1 amd 1995 No. 57 s 4 sch 1; 2000 No. 4 s 94 sch References to vice mayor s 135 prev s 134 ins 1995 No. 58 s 4 sch 1 renum as s 135 R1 (see RA s 43) Application of certain provisions s 136 orig s 136 ins 1996 No. 81 s 14 exp 1 May 1997 (see s 137) prev s 136 ins 1999 No. 59 s 20 exp 1 July 2000 (see s 136(3)) pres s 136 ins 2003 No. 2 s 19 PART 6—TRANSITIONAL PROVISIONS pt hdg prev ins 1996 No. 81 s 14 exp 1 May 1997 (see s 137) pres pt hdg ins 2003 No. 2 s 19 sub 2005 No. 54 s 7 Division 1—Transitional provision for Local Government Legislation AmendmentAct 2003 div hdg ins 2005 No. 54 s 7 Transitional provision for Local Government 2003—general charges s 137 prev ins 1996 No. 81 s 14 exp 1 May 1997 (see s 137) pres s 137 ins 2003 No. 2 s 19 amd 2007 No. 36 s 2 sch Legislation Amendment Act Division 2—Transitional provisions for Local Government and Other LegislationAmendment Act 2005 div hdg ins 2005 No. 54 s 8 Adoption of procurement and asset disposal plans for 2006-2007 financial year s 137A ins 2005 No. 54 s 8 Transitional provisions for old contracting provisions s 137B ins 2005 No. 54 s 8 PART 7—VALIDATION PROVISIONS pt 7 (s 138) ins 2003 No. 85 s 10
144 City of Brisbane Act 1924 SCHEDULE 1—APPEALS prev sch 1 sub 1944 8 Geo 6 No. 15 s 5 om 1993 No. 8 s 6 pres sch 1 (prev sch 3) ins 1943 7 Geo 6 No. 30 s 3 renum 2003 No. 85 s 28 sch Positions to be advertised s 1 ins 1943 7 Geo 6 No. 30 s 3 amd 1986 No. 17 s 23(a); 1999 No. 30 s 20 Composition of appeal board s 2 ins 1943 7 Geo 6 No. 30 s 3 amd 1973 No. 59 s 3(a) Unsuccessful applicants, when to be informed of result of application for classified office s 3 ins 1943 7 Geo 6 No. 30 s 3 Form of notice of appeal s 4 ins 1943 7 Geo 6 No. 30 s 3 amd 1973 No. 59 s 3(b) Where to be forwarded s 5 ins 1943 7 Geo 6 No. 30 s 3 Dealing with notice of appeal s 6 ins 1943 7 Geo 6 No. 30 s 3 amd 1973 No. 59 s 3(c) Fixation of hearing s 7 ins 1943 7 Geo 6 No. 30 s 3 Notice of hearing—form of notice of hearing s 8 ins 1943 7 Geo 6 No. 30 s 3 amd 1973 No. 59 s 3(d) Town clerk to notify appointment of representative s 9 ins 1943 7 Geo 6 No. 30 s 3 amd 1973 No. 59 s 3(e) Union to notify appointment of representative s 10 ins 1943 7 Geo 6 No. 30 s 3 amd 1973 No. 59 s 3(f) Withdrawal of appeal s 11 ins 1943 7 Geo 6 No. 30 s 3 Procedure s 12 ins 1943 7 Geo 6 No. 30 s 3 Appellants and town clerk to supply names of witnesses s 13 ins 1943 7 Geo 6 No. 30 s 3 Leave to be granted to witnesses etc. s 14 ins 1943 7 Geo 6 No. 30 s 3
145 City of Brisbane Act 1924 Relative papers to be available for appellant s 15 ins 1943 7 Geo 6 No. 30 s 3 Evidence to be taken in presence of appellant s 16 ins 1943 7 Geo 6 No. 30 s 3 Record of proceedings s 17 ins 1943 7 Geo 6 No. 30 s 3 Public or private appeal, and representation s 18 ins 1943 7 Geo 6 No. 30 s 3 sub 1973 No. 59 s 3(g) Duty of board s 19 ins 1943 7 Geo 6 No. 30 s 3 sub 1973 No. 59 s 3(h) Evidence and decision on appeal to be forwarded to council or committee s 20 ins 1943 7 Geo 6 No. 30 s 3 sub 1973 No. 59 s 3(i) Powers of committee in respect of appeals under section 25C of this Act, and committee’s decision s 21 ins 1943 7 Geo 6 No. 30 s 3 amd 1966 No. 31 s 4 sch sub 1973 No. 59 s 3(j) Decision in respect of appeal to be notified to appellant s 22 ins 1943 7 Geo 6 No. 30 s 3 sub 1973 No. 59 s 3(k) Decision of appeal board final in respect of appeals under section 25D of this Act s 23 ins 1943 7 Geo 6 No. 30 s 3 sub 1973 No. 59 s 3(l) Compensation in lieu of reinstatement s 23A ins 1973 No. 59 s 3(m) amd 2007 No. 36 s 2 sch Preservation of rights of employee s 23B ins 1973 No. 59 s 3(n) Travelling expenses s 24 ins 1943 7 Geo 6 No. 30 s 3 amd 1967 No. 52 s 3; 1972 No. 31 s 6 sch 1; 1986 No. 17 s 23(b) Council not responsible for expenses of appellant’s witnesses s 25 ins 1943 7 Geo 6 No. 30 s 3 amd 1966 No. 31 s 4 sch Claims to be submitted to chairperson s 26 ins 1943 7 Geo 6 No. 30 s 3 Expenses to appellant s 27 ins 1943 7 Geo 6 No. 30 s 3
146 City of Brisbane Act 1924 Expenses of board, by whom paid s 28 ins 1943 7 Geo 6 No. 30 s 3 amd 1986 No. 17 s 23(c) Meaning of term “establishment and coordination committee” s 29 ins 1943 7 Geo 6 No. 30 s 3 amd 1986 No. 17 s 23(d) Reports etc. may be tabled s 30 ins 1943 7 Geo 6 No. 30 s 3 SCHEDULE 2—DICTIONARY orig sch 2 om 1944 8 Geo 6 No. 15 s 5 prev sch 2 ins 1972 No. 3 s 21 om 1992 No. 49 s 12 pres s 2 ins 2003 No. 85 s 28 sch Note—definitions for this Act were originally located in s 2. def “administrative body” ins 1986 No. 17 s 3(b)(i) reloc 2003 No. 85 s 28 sch def “Alderman” om from s 2 1993 No. 70 s 804 sch def “asset disposal plan” ins 2005 No. 54 s 9 def “budget meeting” ins 1999 No. 30 s 9 reloc 2003 No. 85 s 28 sch def “chief executive (valuations)” ins 1992 No. 64 s 3 sch 1 reloc 2003 No. 85 s 28 sch def “city” sub 1993 No. 70 s 804 sch reloc 2003 No. 85 s 28 sch def “cleansing services” ins 2003 No. 2 s 3(2) sch reloc 2003 No. 85 s 28 sch def “code of conduct” ins 2005 No. 26 s 8 def “community titles Act” ins 2003 No. 2 s 3(2) sch reloc 2003 No. 85 s 28 sch def “conduct review panel” ins 2005 No. 26 s 8 def “corporate plan” ins 2005 No. 54 s 9 amd 2007 No. 36 s 2 sch def “Corporation” ins 1930 21 Geo 5 No. 45 s 2(a) om from s 2 1933 24 Geo 5 No. 13 s 2(a) def “council” reloc 2003 No. 85 s 28 sch def “councillor” ins 1993 No. 70 s 804 sch reloc 2003 No. 85 s 28 sch def “Crown” ins 1992 No. 13 s 4 reloc 2003 No. 85 s 28 sch def “decision maker” ins 1992 No. 13 s 4 om from s 2 2001 No. 92 s 4(3) def “designated disposal activities” ins 2005 No. 54 s 9 def “differential general rate” ins 1992 No. 13 s 4 sub 2003 No. 2 s 3(2) sch reloc 2003 No. 85 s 28 sch def “discount date” ins 1999 No. 30 s 9 reloc 2003 No. 85 s 28 sch
147 City of Brisbane Act 1924 def “discount period” ins 1999 No. 30 s 9 reloc 2003 No. 85 s 28 sch def “election” ins 1972 No. 3 s 2(a) amd 1984 No. 33 s 2 sub 1993 No. 70 s 804 sch reloc 2003 No. 85 s 28 sch def “Elections Act” sub 1936 1 Edw 8 No. 5 s 2(a) om from s 2 1992 No. 28 s 187 def “elector” sub 1930 21 Geo 5 No. 45 s 2(b); 1933 24 Geo 5 No. 13 s 2(b); 1936 1 Edw 8 No. 5 s 2(b); 1949 13 Geo 6 No. 21 s 2; 1992 No. 28 s 187 reloc 2003 No. 85 s 28 sch def “Electoral Act” ins 1992 No. 28 s 187 reloc 2003 No. 85 s 28 sch def “electoral commission” ins 1999 No. 30 s 4 reloc 2003 No. 85 s 28 sch def “electoral district” prev def om 1930 21 Geo 5 No. 45 s 2(c) pres def ins 1933 24 Geo 5 No. 13 s 2(c) amd 1972 No. 3 s 2(b) sub 1992 No. 28 s 187 reloc 2003 No. 85 s 28 sch def “electoral ward” ins 1930 21 Geo 5 No. 45 s 2(c) om from s 2 1936 1 Edw 8 No. 5 s 2(c) def “Electric Light and Power Act” om from s 2 1992 No. 13 s 7 sch s 2 def “Executive Committee” or “Executive” ins 1930 21 Geo 5 No. 45 s 2(d) om from s 2 1933 24 Geo 5 No. 13 s 2(d) def “general charge” ins 1992 No. 13 s 4 om from s 2 2003 No. 2 s 3(2) sch def “general complaints process” ins 2005 No. 26 s 8 def “general rate” ins 1992 No. 13 s 4 sub 2003 No. 2 s 3(2) sch reloc 2003 No. 85 s 28 sch def “Health Act” om from s 2 1992 No. 13 s 7 sch s 2 def “Instrument of subordinate legislation” ins 1986 No. 17 s 3(b)(ii) om from s 2 1992 No. 13 s 7 sch s 2 def “land” ins 2005 No. 54 s 9 def “leader of the opposition” ins 1991 No. 25 s 5 sub 1993 No. 70 s 804 sch reloc 2003 No. 85 s 28 sch def “Local Authorities Act” amd 1953 2 Eliz 2 No. 19 s 4 om from s 2 1992 No. 13 s 7 sch s 2 def “Local Government Act” ins 1992 No. 13 s 4 sub 1993 No. 70 s 804 sch reloc 2003 No. 85 s 28 sch def “Mayor” amd 1986 No. 17 s 3(b)(iii) om from s 2 1992 No. 13 s 7 sch s 2 def “Metropolitan Water Supply and Sewerage Act” om from s 2 1992 No. 13 s 7 sch s 2 def “minimum general rate levy” ins 1992 No. 13 s 4 sub 2003 No. 2 s 3(2) sch reloc 2003 No. 85 s 28 sch
148 City of Brisbane Act 1924 def “Minister” sub 1943 7 Geo 6 No. 13 s 7; 1972 No. 3 s 2; 1990 No. 80 s 3 sch 5 om from s 2 1992 No. 13 s 7 sch s 2 def “non-current assets” ins 2005 No. 54 s 9 def “notional GST” ins 2000 No. 20 s 29 sch 3 reloc 2003 No. 85 s 28 sch def “Occupier” ins 1930 21 Geo 5 No. 45 s 2(e) om from s 2 1933 24 Geo 5 No. 13 s 2(e) def “Occupiers’ register” ins 1930 21 Geo 5 No. 45 s 2(e) om from s 2 1933 24 Geo 5 No. 13 s 2(e) def “Ordinances” om from s 2 1992 No. 13 s 7 sch s 2 def “owner” ins 1992 No. 13 s 4 sub 1993 No. 70 s 804 sch reloc 2003 No. 85 s 28 sch def “pensioner” ins 1992 No. 13 s 4 reloc 2003 No. 85 s 28 sch def “Prescribed” om from s 2 1992 No. 13 s 7 sch s 2 def “procurement activities” ins 2005 No. 54 s 9 def “procurement plan” ins 2005 No. 54 s 9 def “procurement principles” ins 2005 No. 54 s 9 def “rate” ins 1992 No. 13 s 4 reloc 2003 No. 85 s 28 sch def “rateable land” ins 1992 No. 13 s 4 reloc 2003 No. 85 s 28 sch def “regulatory fee” ins 2003 No. 2 s 3(2) sch reloc 2003 No. 85 s 28 sch amd 2007 No. 36 s 2 sch def “separate charge” ins 2003 No. 2 s 3(2) sch reloc 2003 No. 85 s 28 sch def “separate rate” ins 2003 No. 2 s 3(2) sch reloc 2003 No. 85 s 28 sch def “separate rate or charge” ins 1992 No. 13 s 4 om from s 2 2003 No. 2 s 3(2) sch def “significant designated disposal activity” ins 2005 No. 54 s 9 def “significant procurement activity” ins 2005 No. 54 s 9 def “significant procurement activity plan” ins 2005 No. 54 s 9 def “special charge” ins 2003 No. 2 s 3(2) sch reloc 2003 No. 85 s 28 sch def “special rate” ins 2003 No. 2 s 3(2) sch reloc 2003 No. 85 s 28 sch def “subunit of administration” ins 1986 No. 17 s 3(b)(iv) reloc 2003 No. 85 s 28 sch def “This Act” om from s 2 1992 No. 13 s 7 sch s 2 def “Town Clerk” om from s 2 1992 No. 13 s 7 sch s 2 def “Trustee” ins 1930 21 Geo 5 No. 45 s 2(f) om from s 2 1933 24 Geo 5 No. 13 s 2(f) def “unit of administration” ins 1986 No. 17 s 3(b)(v) reloc 2003 No. 85 s 28 sch
149 City of Brisbane Act 1924 def “utility charge” ins 1992 No. 13 s 4 sub 2003 No. 2 s 3(2) sch reloc 2003 No. 85 s 28 sch def “valuation authority” ins 1992 No. 13 s 4 om from s 2 1992 No. 64 s 3 sch 1 def “Valuer-General” ins 1986 No. 17 s 3(b)(v) om from s 2 1992 No. 13 s 7 sch s 2 def “Victoria Bridge Act” om from s 2 1986 No. 17 s 3(b)(vi) 8 List of forms notified of published in the gazette (The following information about forms is taken from the gazette and is included for information purposes only. Because failure by a department to notify or publish a form in the gazette does not invalidate the form, you should check with the relevant government department for the latest information about forms (see Statutory Instruments Act, section 58(8)).) Form 5A ECQ Version July 2004—Endorsed Candidate’s Consent and Declaration pubd gaz 16 July 2004 p 850 Form BCC 5A Version July 2004—Endorsed Candidate’s Consent and Declaration pubd gaz 16 July 2004 p 850 Form QFD 07 Version January 2004—Disclosure Returns to be Given by a Third Party Following an Election pubd gaz 16 July 2004 p 850 Form QFD 08 Version January 2004—Claim for Election Funding pubd gaz 16 July 2004 p 850 Form QFD 09 Version January 2004—Disclosure Returns to be Given on Behalf of a Candidate Following an Election pubd gaz 16 July 2004 p 850 Form QFD 11 Version January 2004—Return by a Broadcaster Following a State Election pubd gaz 16 July 2004 p 850 Form QFD 12 Version January 2004—Return by a Publisher Following a State Election pubd gaz 16 July 2004 p 850 Form SPV 1 Version July 2004—Review of Special Postal Voter Register pubd gaz 16 July 2004 p 850 Form SPV 2 Version July 2004—Review of Special Postal Voter Register (State Only) pubd gaz 16 July 2004 p 850
150 City of Brisbane Act 1924 9 Information about retrospectivity Retrospective amendments that have been consolidated are noted in the list of legislation and list of annotations. Any retrospective amendment that has not been consolidated is noted in editor’s notes to the text. © State of Queensland 2009
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City of Brisbane Act 1924 (Qld)
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