Local Government Legislation Amendment Regulation (No. 1) 2015 (Qld)

Queensland Local Government Legislation Amendment Regulation (No. 1) 2015 Subordinate Legislation 2015 No. 140 made under the City of Brisbane Act 2010 Local Government Act 2009 Contents Part 1 1 Part 2 2 3 Part 3 4 5 6 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Amendment of City of Brisbane Regulation 2012 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Insertion of new ch 9, pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Part 4 Loss of council asset 279A Recording and notifying loss of council asset . . . . . . 2 Amendment of Local Government Regulation 2012 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Omission of s 69 (How levy is to be applied) . . . . . . . . . . . . . . . . 4 Replacement of ch 9, pt 6 (Reporting missing local government property) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Part 6 Loss of local government asset 307A Recording and notifying loss of local government asset 5

Local Government Legislation Amendment Regulation (No. 1) 2015 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) 2015 . Part 2 Amendment of City of Brisbane Regulation 2012 2 Regulation amended This part amends the City of Brisbane Regulation 2012. 3 Insertion of new ch 9, pt 4 Chapter 9— insert — Part 4 Loss of council asset 279A Recording and notifying loss of council asset (1) This section applies if the chief executive officer— (a) is aware of a loss of an asset belonging to the council that the officer is satisfied is a reportable loss; or (b) reasonably suspects there has been a reportable loss of an asset belonging to the council; or (c) is aware of a material loss of an asset belonging to the council. Page 2 2015 SL No. 140

Local Government Legislation Amendment Regulation (No. 1) 2015 Part 2 Amendment of City of Brisbane Regulation 2012 [s 3] (2) The chief executive officer must keep a written record of the following details about the loss— (a) a description of the asset, including its value; (b) the cause of the loss; (c) the action taken by the council to deal with the loss, including, for example— (i) action to remedy any weakness in the council’s operations; or (ii) action taken to recover the loss; (d) approval for writing off the loss. (3) If the chief executive officer is satisfied the material loss is also a reportable loss, the officer must notify the following as soon as practicable, but not more than 6 months after the officer becomes aware of the loss— (a) the Minister; (b) the auditor-general; (c) for a loss resulting from the commission of an offence under the CriminalCode or another Act—a police officer; (d) for a loss resulting from the corrupt conduct of a councillor, council employee or council worker—the Crime and Corruption Commission. (4) In this section— corrupt conduct see the CrimeandCorruptionAct 2001 , section 15. material loss , for an asset belonging to the council, means— (a) for money—a loss of more than $500; or 2015 SL No. 140 Page 3

Local Government Legislation Amendment Regulation (No. 1) 2015 Part 3 Amendment of Local Government Regulation 2012 [s 4] (b) for any other asset—a loss valued by the chief executive officer at more than $5000. reportable loss , for an asset belonging to the council, means a loss resulting from— (a) the commission of an offence under the Criminal Code or another Act; or (b) the corrupt conduct of a councillor, council employee or council worker; or (c) conduct of a contractor of the council that would be corrupt conduct if the contractor were a councillor, council employee or council worker. Part 3 Amendment of Local Government Regulation 2012 4 Regulation amended This part amends the Local Government Regulation 2012. 5 Omission of s 69 (How levy is to be applied) Section 69— omit . 6 Replacement of ch 9, pt 6 (Reporting missing local government property) Chapter 9, part 6— omit, insert — Page 4 2015 SL No. 140

Local Government Legislation Amendment Regulation (No. 1) 2015 Part 3 Amendment of Local Government Regulation 2012 [s 6] Part 6 Loss of local government asset 307A Recording and notifying loss of local government asset (1) This section applies if the chief executive officer— (a) is aware of a loss of an asset belonging to the local government that the officer is satisfied is a reportable loss; or (b) reasonably suspects there has been a reportable loss of an asset belonging to the local government; or (c) is aware of a material loss of an asset belonging to the local government. (2) The chief executive officer must keep a written record of the following details about the loss— (a) a description of the asset, including its value; (b) the cause of the loss; (c) the action taken by the local government to deal with the loss, including, for example— (i) action to remedy any weakness in the local government’s operations; or (ii) action taken to recover the loss; (d) approval for writing off the loss. (3) If the chief executive officer is satisfied the material loss is also a reportable loss, the officer must notify the following as soon as practicable, but not more than 6 months after the officer becomes aware of the loss— (a) the Minister; 2015 SL No. 140 Page 5

Local Government Legislation Amendment Regulation (No. 1) 2015 Part 3 Amendment of Local Government Regulation 2012 [s 6] (b) the auditor-general; (c) for a loss resulting from the commission of an offence under the CriminalCode or another Act—a police officer; (d) for a loss resulting from the corrupt conduct of a councillor, local government employee or local government worker—the Crime and Corruption Commission. (4) In this section— corrupt conduct see the CrimeandCorruptionAct 2001 , section 15. material loss , for an asset belonging to a local government, means— (a) for money—a loss of more than $500; or (b) for any other asset—a loss valued by the chief executive officer at more than $1000. reportable loss , for an asset belonging to the local government, means a loss resulting from— (a) the commission of an offence under the Criminal Code or another Act; or (b) the corrupt conduct of a councillor, local government employee or local government worker; or (c) conduct of a contractor of the local government that would be corrupt conduct if the contractor were a councillor, local government employee or local government worker. Page 6 2015 SL No. 140

Local Government Legislation Amendment Regulation (No. 1) 2015 ENDNOTES 1 Made by the Governor in Council on 15 October 2015. 2 Notified on the Queensland legislation website on 16 October 2015. 3 The administering agency is the Department of Infrastructure, Local Government and Planning. © State of Queensland 2015 Authorised by the Parliamentary Counsel 2015 SL No. 140 Page 7