Local Government Amendment Regulation (No. 4) 1997 (Qld)

Queensland Subordinate Legislation 1997 No. 406 Local Government Act 1993 LOCAL GOVERNMENT AMENDMENT REGULATION (No. 4) 1997 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Replacement of pt 7B (Anti-competitive provisions for existing local laws and local law policies) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 PART 7B—CONDUCT OF COMPETITIVE BUSINESS ACTIVITIES 25B Activities of local governments that are not business activities—Act, s 458MD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 PART 7C—REFORM OF CERTAIN WATER AND SEWERAGE SERVICES 25C Requirements for two-part tariff assessments and reports—Act, s 458NH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Insertion of new division and division heading . . . . . . . . . . . . . . . . . . . . . . . 4 Division 1—Anti-competitive provisions of proposed local laws and proposed local law policies 25D Definitions for div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 25E Anti-competitive provisions—Act, s 489C . . . . . . . . . . . . . . . . . . . . 5 25F Identification of possible anti-competitive provisions—Act, s 489K . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 25G Requirements for public interest tests and test reports—Act, s 489K . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 25H Giving of information to Minister—Act, s 489K . . . . . . . . . . . . . . . . 6

2 Local Government Amendment (No. 4) No. 406, 1997 Division 2—Public access to local law policies 5 Insertion of new division heading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Division 1—Financial operation and accountability 6 Insertion of new division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Division 2—Anti-competitive provisions of existing local laws and existing local law policies 47 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 48 Anti-competitive provisions—Act, s 803C . . . . . . . . . . . . . . . . . . . . 7 49 Identification of possible anti-competitive provisions—Act, s 803O . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 50 Requirements for public interest tests and test reports—Act, s 803O . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 51 Giving of information to Minister—Act, s 803O . . . . . . . . . . . . . . . . 8

s1 3 s3 Local Government Amendment (No. 4) No. 406, 1997 ˙ Short title 1. This regulation may be cited as the Local Government Amendment Regulation (No. 4) 1997 . ˙ Regulation amended 2. This regulation amends the Local Government Regulation 1994 . ˙ Replacement of pt 7B (Anti-competitive provisions for existing local laws and local law policies) 3. Part 7B— omit, insert— ‘ PART 7B—CONDUCT OF COMPETITIVE BUSINESS ACTIVITIES ˙ ‘ Activities of local governments that are not business activities—Act, s 458MD ‘ 25B.(1) For section 458MD(2) of the Act, an activity of a local government is not a business activity for a financial year if the projected total costs of carrying on the activity for the year are less than $200 000. ‘ (2) For subsection (1), the projected total costs of carrying on an activity are to be calculated in the way the projected total costs of carrying on the activity are calculated under the following relevant instrument— • CityofBrisbaneRegulation1993 , part 4, division 2, subdivision 2 1 • Local Government Finance Standard 1994 , part 9, division 2, subdivision 2. 2 1 City of Brisbane Regulation 1993 , part 4 (Code of competitive conduct), division 2 (The code), subdivision 2 (Full cost pricing) 2 Local Government Finance Standard 1994 , part 9 (Code of competitive conduct), division 2 (The code), subdivision 2 (Full cost pricing)

s4 4 s4 Local Government Amendment (No. 4) No. 406, 1997 ‘ PART 7C—REFORM OF CERTAIN WATER AND SEWERAGE SERVICES ˙ ‘ Requirements for two-part tariff assessments and reports—Act, s 458NH ‘ 25C.(1) To the extent it is reasonably practicable, two-part tariff assessments and two-part tariff reports must comply with the evaluation guidelines. ‘ (2) In this section— “evaluation guidelines” means the document called ‘Guidelines for Evaluation of Introducing and Improving Two Part Tariffs’ issued by the Department of Natural Resources. 3 “two-part tariff assessment” means an assessment carried out under section 458ND 4 of the Act of the cost effectiveness of the application of a two-part tariff for a relevant business activity providing water services.’. ˙ Insertion of new division and division heading 4. Part 8, before section 26— insert— ‘ Division 1—Anti-competitive provisions of proposed local laws and proposed local law policies ˙ ‘ Definitions for div 1 ‘ 25D. In this division— “identification guidelines” means the document called ‘National Competition Policy Guidelines to Assist Local Governments Identify 3 Copies of the Guidelines for Evaluation of Introducing and Improving Two Part Tariffs may be inspected at the State office of the Department of Local Government and Planning. 4 Section 458ND (Assessment of cost effectiveness of two-part tariffs to be carried out)

s4 5 s4 Local Government Amendment (No. 4) No. 406, 1997 Possible Anti-competitive Provisions in Proposed Local Laws and Proposed Local Law Policies’ issued by the department. 5 “public interest test guidelines” means the document called ‘National Competition Policy Guidelines for Conducting Public Interest Tests on “Possible” Anti-competitive Provisions in Local Laws and Local Law Policies’ issued by the department. 6 ˙ ‘ Anti-competitive provisions—Act, s 489C ‘ 25E.(1) For section 489C of the Act, definition “anti-competitive provision” , this section prescribes provisions of a proposed local law or proposed local law policy that are treated as creating barriers to entry to a market or barriers to competition within a market. ‘ (2) For a model local law proposed to be made by a local government, the provision is a provision the local government considers, under section 5.1.2 of the identification guidelines, as being within the criteria applied under the section. ‘ (3) For a local law (other than a model local law) or a local law policy proposed to be made by a local government, the provision is a provision that— (a) is not excluded by the local government under section 5.2.1 or 5.2.2 of the identification guidelines; and (b) is identified by the local government, under section 5.2.3 of the identification guidelines, as being within the criteria applied under the section. 5 Copies of the National Competition Policy Guidelines to Assist Local Governments Identify Possible Anti-competitive Provisions in Proposed Local Laws and Proposed Local Law Policies may be inspected at the State office of the Department of Local Government and Planning. 6 Copies of the National Competition Policy Guidelines for Conducting Public Interest Tests on “Possible” Anti-competitive Provisions in Local Laws and Local Law Policies may be inspected at the State office of the Department of Local Government and Planning.

s5 6 s6 Local Government Amendment (No. 4) No. 406, 1997 ˙ ‘ Identification of possible anti-competitive provisions—Act, s 489K ‘ 25F. To the extent it is reasonably practicable, for identifying possible anti-competitive provisions of proposed local laws or proposed local law policies, the procedures a local government follows must be in accordance with the identification guidelines. ˙ ‘ Requirements for public interest tests and test reports—Act, s 489K ‘ 25G. To the extent it is reasonably practicable, public interest tests and public interest test reports must comply with the public interest test guidelines. ˙ ‘ Giving of information to Minister—Act, s 489K ‘ 25H. To the extent it is reasonably practicable, for identifying possible anti-competitive provisions of proposed local laws or proposed local law policies, a local government must give to the Minister information in accordance with the identification guidelines. ‘ Division 2—Public access to local law policies ’. ˙ Insertion of new division heading 5. Part 15, before section 46— insert— ‘ Division 1—Financial operation and accountability ’. ˙ Insertion of new division 6. Part 15, after section 46— insert—

s6 7 s6 Local Government Amendment (No. 4) No. 406, 1997 ‘ Division 2—Anti-competitive provisions of existing local laws and existing local law policies ˙ ‘ Definitions for div 2 ‘ 47. In this division— “identification guidelines” means the document called ‘National Competition Policy Guidelines to Assist Local Governments Identify Possible Anti-competitive Provisions in Existing Local Laws and Existing Local Law Policies’ issued by the department. 7 “public interest test guidelines” means the document called ‘National Competition Policy Guidelines for Conducting Public Interest Tests on “Possible” Anti-competitive Provisions in Local Laws and Local Law Policies’ issued by the department. 8 ˙ ‘ Anti-competitive provisions—Act, s 803C ‘ 48.(1) For section 803C of the Act, definition “anti-competitive provision” , this section prescribes provisions of an existing local law or existing local law policy that are treated as creating barriers to entry to a market or barriers to competition within a market. ‘ (2) For a model local law made by a local government, the provision is a provision the local government considers, under section 5.2.2 of the identification guidelines, as being within the criteria applied under the section. ‘ (3) For a local law (other than a model local law) or a local law policy made by a local government, the provision is a provision that— (a) is not excluded by the local government under section 5.1.1 or 7 Copies of the National Competition Policy Guidelines to Assist Local Governments Identify Possible Anti-competitive Provisions in Existing Local Laws and Existing Local Law Policies may be inspected at the State office of the Department of Local Government and Planning. 8 Copies of the National Competition Policy Guidelines for Conducting Public Interest Tests on “Possible” Anti-competitive Provisions in Local Laws and Local Law Policies may be inspected at the State office of the Department of Local Government and Planning.

s6 8 s6 Local Government Amendment (No. 4) No. 406, 1997 5.1.2 of the identification guidelines; and (b) is identified by the local government, under section 5.1.3 of the identification guidelines, as being within the criteria applied under the section. ˙ ‘ Identification of possible anti-competitive provisions—Act, s 803O ‘ 49. To the extent it is reasonably practicable, for identifying possible anti-competitive provisions of existing local laws or existing local law policies, the procedures a local government follows must be in accordance with the identification guidelines. ˙ ‘ Requirements for public interest tests and test reports—Act, s 803O ‘ 50. To the extent it is reasonably practicable, public interest tests and public interest test reports must comply with the public interest test guidelines. ˙ ‘ Giving of information to Minister—Act, s 803O ‘ 51. To the extent it is reasonably practicable, for identifying possible anti-competitive provisions of existing local laws or existing local law policies, a local government must give to the Minister information in accordance with the identification guidelines.’. ENDNOTES 1. Made by the Governor in Council on 27 November 1997. 2. Notified in the gazette on 28 November 1997. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Local Government and Planning. © State of Queensland 1997