Local Government Legislation Amendment Regulation (No. 1) 2014 (Qld)

Queensland Local Government Legislation Amendment Regulation (No. 1) 2014 Subordinate Legislation 2014 No. 290 made under the City of Brisbane Act 2010 Local Government Act 2009 Local Government Electoral Act 2011 Contents Part 1 1 2 Part 2 3 4 5 6 7 8 9 10 11 12 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of City of Brisbane Regulation 2012 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of s 16 (Thresholds for significant business activities—Act, s 47(4)(b)). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of s 29 (Prescribed business activities—Act, s 51(7)) 3 Amendment of s 87 (Levying special rates or charges) . . . . . . . . 4 Amendment of s 91 (Returning special rates or charges incorrectly levied) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Insertion of new s 108A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 108A Limitation of increase in rates or charges levied continues after compulsory acquisition of land . . . . . . . . . . . . . . 4 Amendment of s 212 (Contract manual). . . . . . . . . . . . . . . . . . . . 6 Amendment of s 214 (What div 2 is about) . . . . . . . . . . . . . . . . . 6 Amendment of s 226 (Exceptions for valuable non-current asset contracts) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 7

Local Government Legislation Amendment Regulation (No. 1) 2014 Contents Part 3 13 14 Part 4 15 16 Part 5 17 18 19 20 21 22 23 24 25 26 27 Amendment of Local Government (De-amalgamationImplementation) Regulation 2013 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Amendment of s 37 (Transfer of QTC working capital facility) . . . 7 Amendment of Local Government Electoral Regulation2012 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Replacement of ss 2 and 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 Date of quadrennial election for 2016. . . . . . . . . . . . . 8 3 Proof of identity document . . . . . . . . . . . . . . . . . . . . . 8 Amendment of Local Government Regulation 2012 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Amendment of s 19 (Thresholds for significant business activities—Act, s 43(4)(b)). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Amendment of s 39 (Prescribed business activities—Act, s 47(7)) 10 Amendment of s 94 (Levying special rates or charges) . . . . . . . . 10 Amendment of s 98 (Returning special rates or charges incorrectly levied) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Insertion of new s 116A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 116A Limitation of increase in rates or charges levied continues after compulsory acquisition of land . . . . . . . . . . . . . . 11 Amendment of s 210 (Audit committee composition) . . . . . . . . . . 12 Amendment of s 222 (Contract manual). . . . . . . . . . . . . . . . . . . . 12 Amendment of s 224 (What div 2 is about) . . . . . . . . . . . . . . . . . 13 Amendment of s 236 (Exceptions for valuable non-current asset contracts) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Amendment of sch 8 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 14 Page 2 2014 SL No. 290

Local Government Legislation Amendment Regulation (No. 1) 2014 Part 1 Preliminary [s 1] Part 1 Preliminary 1 Short title This regulation may be cited as the Local Government Legislation Amendment Regulation (No. 1) 2014 . 2 Commencement Part 4 commences on 1 January 2015. Part 2 Amendment of City of Brisbane Regulation 2012 3 Regulation amended This part amends the City of Brisbane Regulation 2012. 4 Amendment of s 16 (Thresholds for significant business activities—Act, s 47(4)(b)) Section 16(2), ‘$8.9m’— omit , insert — $9m 5 Amendment of s 29 (Prescribed business activities—Act, s 51(7)) Section 29(1), ‘$312,000’— omit , insert — $318,000 Page 3 2014 SL No. 290

Local Government Legislation Amendment Regulation (No. 1) 2014 Part 2 Amendment of City of Brisbane Regulation 2012 [s 6] 6 Amendment of s 87 (Levying special rates or charges) Section 87(14)— omit , insert — (14) In any proceedings about special rates or charges, a resolution or overall plan mentioned in subsection (2) is not invalid merely because the resolution or plan— (a) does not identify all rateable land on which the special rates or charges could have been levied; or (b) incorrectly includes rateable land on which the special rates or charges should not have been levied. 7 Amendment of s 91 (Returning special rates or charges incorrectly levied) Section 91(1), after ‘apply’— insert — or should not have been levied 8 Insertion of new s 108A Chapter 4, part 9, division 3— insert — 108A Limitation of increase in rates or charges levied continues after compulsory acquisition of land (1) This section applies if— (a) the council resolves, under section 108, to limit the increase in the rates or charges levied on rateable land (a rates cap ); and (b) part of the rateable land is— 2014 SL No. 290 Page 4

Local Government Legislation Amendment Regulation (No. 1) 2014 Part 2 Amendment of City of Brisbane Regulation 2012 [s 8] Page 5 (i) compulsorily acquired by a government entity; or (ii) otherwise acquired by the department administering the TransportPlanningand Coordination Act 1994 . (2) Until the council resolves otherwise, the rates and charges levied on the remainder are reduced to the divided amount. (3) However, the resolution can not be made before the next budget meeting of the council that occurs after the application of the rates cap. (4) In this section— compulsorily acquired , for part of rateable land, means acquired under an Act, or a law of the Commonwealth, that authorises the compulsory acquisition of land by a government entity. Example — land taken under the Acquisition of Land Act1967 divided amount means the amount worked out by— (a) dividing the amount of the rates or charges levied on the rateable land by the number of square metres of the rateable land; and (b) multiplying the amount calculated under paragraph (a) by the number of square metres of the remainder. government entity means the State, the Commonwealth, a local government or an entity authorised by the State, Commonwealth or a local government. remainder , for rateable land (part of which is acquired in a manner mentioned in subsection (1)(b)), means that part of the rateable land not acquired. 2014 SL No. 290

Local Government Legislation Amendment Regulation (No. 1) 2014 Part 2 Amendment of City of Brisbane Regulation 2012 [s 9] 9 Amendment of s 212 (Contract manual) Section 212(3)(d), ‘section 214(7)’— omit , insert — section 214(8) 10 Amendment of s 214 (What div 2 is about) (1) Section 214(7), ‘subsection (6)(b)’— omit, insert — subsection (7)(b) (2) Section 214(6) and (7)— renumber as section 214(7) and (8). (3) Section 214— insert — (6) The disposal of a valuable non-current asset by the council includes the disposal of all or any interest in the asset. Example — the grant of a lease over land or a building 11 Amendment of s 226 (Exceptions for valuable non-current asset contracts) (1) Section 226(1)(e)— omit , insert — (e) for the disposal of a valuable non-current asset by the grant of a lease—the grant of the lease has previously been offered by tender or auction, but a lease has not been entered into; or (f) the Minister exempts the council from complying with section 217. 2014 SL No. 290 Page 6

Local Government Legislation Amendment Regulation (No. 1) 2014 Part 3 Amendment of Local Government (De-amalgamation Implementation) Regulation2013 [s 12] (2) Section 226(2), ‘(d)’— omit , insert — (e) (3) Section 226(4) and (6), ‘(1)(e)’— omit , insert — (1)(f) 12 Amendment of sch 4 (Dictionary) Schedule 4, definition valuable non-current asset , ‘section 214(6)’— omit , insert — section 214(7) Part 3 Amendment of Local Government (De-amalgamation Implementation) Regulation 2013 13 Regulation amended This part amends the LocalGovernment(De-amalgamationImplementation) Regulation 2013. 14 Amendment of s 37 (Transfer of QTC working capital facility) Section 37(3), ‘31 December 2014’— omit , insert — 30 June 2015 Page 7 2014 SL No. 290

Part 4 Local Government Legislation Amendment Regulation (No. 1) 2014 Part 4 Amendment of Local Government Electoral Regulation 2012 [s 15] Amendment of Local Government Electoral Regulation 2012 15 Regulation amended This part amends the Local Government Electoral Regulation2012. 16 Replacement of ss 2 and 3 Sections 2 and 3— omit , insert — 2 Date of quadrennial election for 2016 For section 23(3) of the Act, the day fixed for the quadrennial election for 2016 is 19 March 2016. 3 Proof of identity document For the Act, schedule, definition proof of identity document , each of the following is a proof of identity document— (a) a current driver licence; (b) a current Australian passport; (c) a voter information letter issued by the electoral commission; (d) a recent document evidencing electoral enrolment; (e) an identification card issued by the Commonwealth or State evidencing the person’s entitlement to a financial benefit; 2014 SL No. 290 Page 8

Local Government Legislation Amendment Regulation (No. 1) 2014 Part 5 Amendment of Local Government Regulation 2012 [s 17] Examples — a Commonwealth seniors health card, health care card, Medicare card, pensioner concession card or repatriation health card (f) an adult proof of age card issued by the State; (g) a recent account or notice issued by a local government or a public utility provider; Examples — a council rates notice, electricity account statement, gas account statement or water bill (h) a recent account statement, current account card or current credit card issued by a financial institution; (i) a recent account statement issued by a carriage service provider as defined under the Telecommunications Act 1997 (Cwlth); Example — a telephone bill or internet bill (j) a recent notice of assessment issued under the Income Tax Assessment Act 1997 (Cwlth). Part 5 Amendment of Local Government Regulation 2012 17 Regulation amended This part amends the Local Government Regulation 2012. Page 9 2014 SL No. 290

Local Government Legislation Amendment Regulation (No. 1) 2014 Part 5 Amendment of Local Government Regulation 2012 [s 18] 18 Amendment of s 19 (Thresholds for significant business activities—Act, s 43(4)(b)) (1) Section 19(2)(a), ‘$13.3m’— omit , insert — $13.6m (2) Section 19(2)(b), ‘$8.9m’— omit , insert — $9m 19 Amendment of s 39 (Prescribed business activities—Act, s 47(7)) Section 39(1), ‘$312,000’— omit , insert — $318,000 20 Amendment of s 94 (Levying special rates or charges) Section 94(14)— omit , insert — (14) In any proceedings about special rates or charges, a resolution or overall plan mentioned in subsection (2) is not invalid merely because the resolution or plan— (a) does not identify all rateable land on which the special rates or charges could have been levied; or (b) incorrectly includes rateable land on which the special rates or charges should not have been levied. 2014 SL No. 290 Page 10

Local Government Legislation Amendment Regulation (No. 1) 2014 Part 5 Amendment of Local Government Regulation 2012 [s 21] 21 Amendment of s 98 (Returning special rates or charges incorrectly levied) Section 98(1), after ‘apply’— insert — or should not have been levied 22 Insertion of new s 116A Chapter 4, part 9, division 3— insert — 116A Limitation of increase in rates or charges levied continues after compulsory acquisition of land (1) This section applies if— (a) a local government resolves, under section 116, to limit the increase in the rates or charges levied on rateable land (a rates cap ); and (b) part of the rateable land is— (i) compulsorily acquired by a government entity; or (ii) otherwise acquired by the department administering the TransportPlanningand Coordination Act 1994 . (2) Until the local government resolves otherwise, the rates and charges levied on the remainder are reduced to the divided amount. (3) However, the resolution can not be made before the next budget meeting of the local government that occurs after the application of the rates cap. (4) In this section— compulsorily acquired , for part of rateable land, means acquired under an Act, or a law of the Page 11 2014 SL No. 290

Local Government Legislation Amendment Regulation (No. 1) 2014 Part 5 Amendment of Local Government Regulation 2012 [s 23] Commonwealth, that authorises the compulsory acquisition of land by a government entity. Example — land taken under the Acquisition of Land Act1967 divided amount means the amount worked out by— (a) dividing the amount of the rates or charges levied on the rateable land by the number of square metres of the rateable land; and (b) multiplying the amount calculated under paragraph (a) by the number of square metres of the remainder. government entity means the State, the Commonwealth, a local government or an entity authorised by the State, Commonwealth or a local government. remainder , for rateable land (part of which is acquired in a manner mentioned in subsection (1)(b)), means that part of the rateable land not acquired. 23 Amendment of s 210 (Audit committee composition) Section 210(1)(b)(i), ‘2, but no more than 2,’— omit , insert — 1, but no more than 2, 24 Amendment of s 222 (Contract manual) Section 222(3)(d), ‘section 224(7)’— omit , insert — section 224(8) 2014 SL No. 290 Page 12

Local Government Legislation Amendment Regulation (No. 1) 2014 Part 5 Amendment of Local Government Regulation 2012 [s 25] 25 Amendment of s 224 (What div 2 is about) (1) Section 224(7), ‘subsection (6)(b)’— omit, insert — subsection (7)(b) (2) Section 224(6) and (7)— renumber as section 224(7) and (8). (3) Section 224— insert — (6) The disposal of a valuable non-current asset by a local government includes the disposal of all or any part of an interest in the asset. Example — the grant of a lease over land or a building 26 Amendment of s 236 (Exceptions for valuable non-current asset contracts) (1) Section 236(1)(e)— omit , insert — (e) for the disposal of a valuable non-current asset by the grant of a lease—the grant of the lease has been previously offered by tender or auction, but a lease has not been entered into; or (f) the Minister exempts the local government from complying with section 227. (2) Section 236(2), ‘(d)’— omit , insert — (e) (3) Section 236(4) and (6), ‘(1)(e)’— Page 13 2014 SL No. 290

Local Government Legislation Amendment Regulation (No. 1) 2014 Part 5 Amendment of Local Government Regulation 2012 [s 27] omit , insert — (1)(f) 27 Amendment of sch 8 (Dictionary) Schedule 8, definition valuable non-current asset , ‘section 224(6)’— omit , insert — section 224(7) ENDNOTES 1 Made by the Governor in Council on 4 December 2014. 2 Notified on the Queensland legislation website on 5 December 2014. 3 The administering agency is the Department of Local Government, Community Recovery and Resilience. © State of Queensland 2014 Authorised by the Parliamentary Counsel 2014 SL No. 290 Page 14