Local Government Legislation Amendment Regulation (No. 2) 2015 (Qld)

Queensland Local Government Legislation Amendment Regulation (No. 2) 2015 Subordinate Legislation 2015 No. 173 made under the City of Brisbane Act 2010 Local Government Act 2009 State Penalties Enforcement Act 1999 Contents Part 1 1 2 Part 2 3 4 5 6 7 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 Replacement of ch 3, pt 3, div 2 (Malls) . . . . . . . . . . . . . . . . . . . . 4 Division 2 Malls 46 Other matters connected with managing, promoting or using malls—Act, s 88 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Insertion of new ch 10, pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Part 5 Transitional provisions for Local Government Legislation Amendment Regulation (No. 2) 2015 286 Definitions for pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 287 Offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 288 Infringement notices . . . . . . . . . . . . . . . . . . . . . . . . . . 5 289 Existing mall traffic restrictions . . . . . . . . . . . . . . . . . . 6

Local Government Legislation Amendment Regulation (No. 2) 2015 Contents 8 Part 3 9 10 11 12 Part 4 13 14 290 Existing mall traffic permits. . . . . . . . . . . . . . . . . . . . . 6 291 Removal or moving of vehicle from malls . . . . . . . . . . 7 292 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 7 Amendment of Local Government Regulation 2012 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Amendment of s 19 (Thresholds for significant business activities—Act, s 43(4)(b)). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Amendment of s 39 (Prescribed business activities—Act, s 47(7)) 8 Amendment of sch 6 (Prescribed local government entities) . . . . 8 Amendment of State Penalties Enforcement Regulation2014 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Amendment of sch 1 (Infringement notice offences and fines for nominated laws) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Page 2 2015 SL No. 173

Part 1 Local Government Legislation Amendment Regulation (No. 2) 2015 Part 1 Preliminary [s 1] Preliminary 1 Short title This regulation may be cited as the Local Government Legislation Amendment Regulation (No. 2) 2015 . 2 Commencement Sections 6 to 8 and part 4 commence on 1 January 2016 . 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), ‘$9m’— omit, insert — $9.2m 5 Amendment of s 29 (Prescribed business activities—Act, s 51(7)) Section 29(1), ‘$318,000’— omit, insert — $325,000 2015 SL No. 173 Page 3

Local Government Legislation Amendment Regulation (No. 2) 2015 Part 2 Amendment of City of Brisbane Regulation 2012 [s 6] 6 Replacement of ch 3, pt 3, div 2 (Malls) Chapter 3, part 3, division 2— omit, insert— Division 2 Malls 46 Other matters connected with managing, promoting or using malls—Act, s 88 (1) For section 88(3) of the Act, this section prescribes other matters connected with managing, promoting or using a mall. (2) In relation to a mall, the council may do any of the following— (a) anything that is necessary or desirable for developing, managing, maintaining (including cleaning), promoting, or using the mall; (b) permit the use of any part of the mall (including for the use of erecting any structure, for example) on the conditions it considers appropriate; (c) anything incidental to its powers mentioned in paragraph (a) or (b). (3) The council’s planning scheme must include all existing and proposed malls in the council’s local government area. 7 Insertion of new ch 10, pt 5 Chapter 10— insert — Part 5 Transitional provisions for Local Government Legislation Page 4 2015 SL No. 173

Local Government Legislation Amendment Regulation (No. 2) 2015 Part 2 Amendment of City of Brisbane Regulation 2012 [s 7] Amendment Regulation (No. 2) 2015 286 Definitions for pt 5 In this part— amendment regulation means the Local Government Legislation Amendment Regulation (No. 2) 2015 . infringement notice means an infringement notice under the State Penalties Enforcement Act1999 , section 15. infringement notice offence means an offence mentioned in the StatePenaltiesEnforcementRegulation2014 , schedule 1, as in force immediately before the commencement, entry for City of Brisbane Regulation 2012 . 287 Offences (1) This section applies if a person is alleged to have committed an infringement notice offence before the commencement. (2) Despite the CriminalCode, section 11, proceedings for the infringement notice offence may be started or continued, and the court may hear and decide the proceedings, as if the amendment regulation had not commenced. 288 Infringement notices (1) This section applies if— (a) a person is alleged to have committed an infringement notice offence before the commencement; and 2015 SL No. 173 Page 5

Local Government Legislation Amendment Regulation (No. 2) 2015 Part 2 Amendment of City of Brisbane Regulation 2012 [s 7] (b) at the commencement, an infringement notice for the offence had not been served on the person. (2) Despite the CriminalCode, section 11, an infringement notice for the offence may be served on the person and the StatePenaltiesEnforcementAct1999 applies as if the amendment regulation had not commenced. 289 Existing mall traffic restrictions (1) Subsection (2) applies to a public notice issued under section 47(1) before the commencement and in force immediately before the commencement. (2) From the commencement, the public notice is taken to be a public notice issued under the Public Land and Council Assets Local Law 2014, section 20(2). (3) Subsection (4) applies to a notice displayed under section 47(5) before the commencement and in force immediately before the commencement. (4) From the commencement, the notice is taken to be a notice displayed under the Public Land and Council Assets Local Law 2014, section 20(8). Page 6 290 Existing mall traffic permits (1) This section applies to a mall traffic permit given under section 49(1) before the commencement and in force immediately before the commencement. (2) From the commencement, the mall traffic permit is taken to be a mall traffic permit given under the Public Land and Council Assets Local Law 2014, section 21(1) for the same purposes and period, and subject to the same conditions (if any), for which the mall traffic permit under section 49(1) was given. 2015 SL No. 173

Local Government Legislation Amendment Regulation (No. 2) 2015 Part 3 Amendment of Local Government Regulation 2012 [s 8] 291 Removal or moving of vehicle from malls (1) This section applies if a vehicle was removed or moved from a mall under section 50(3) as in force immediately before the commencement. (2) Sections 51 to 54 as in force immediately before the commencement continue to apply in relation to the vehicle as if the amendment regulation had not commenced. 292 Appeals (1) This section applies if a person is entitled, under section 54 as in force immediately before the commencement, to appeal against a decision of the chief executive officer to refuse to deliver possession of a vehicle. (2) Sections 55 to 58 as in force immediately before the commencement continue to apply for the appeal as if the amendment regulation had not commenced. 8 Amendment of sch 4 (Dictionary) Schedule 4, definitions mall traffic permit and mall traffic restriction — omit . Part 3 Amendment of Local Government Regulation 2012 9 Regulation amended This part amends the Local Government Regulation 2012. 2015 SL No. 173 Page 7

Local Government Legislation Amendment Regulation (No. 2) 2015 Part 3 Amendment of Local Government Regulation 2012 [s 10] 10 Amendment of s 19 (Thresholds for significant business activities—Act, s 43(4)(b)) (1) Section 19(2)(a), ‘$13.6m’— omit, insert — $13.75m (2) Section 19(2)(b), ‘$9m’— omit, insert — $9.2m 11 Amendment of s 39 (Prescribed business activities—Act, s 47(7)) Section 39(1), ‘$318,000’— omit, insert — $325,000 12 Amendment of sch 6 (Prescribed local government entities) Schedule 6— insert — Redland Investment Corporation Pty Ltd ABN 68 603 164 503 Local Government Infrastructure Services Pty Ltd ABN 17 115 959 021 Page 8 2015 SL No. 173

Part 4 Local Government Legislation Amendment Regulation (No. 2) 2015 Part 4 Amendment of State Penalties Enforcement Regulation 2014 [s 13] Amendment of State Penalties Enforcement Regulation 2014 13 Regulation amended This part amends the State Penalties Enforcement Regulation2014. 14 Amendment of sch 1 (Infringement notice offences and fines for nominated laws) Schedule 1, entry for City of Brisbane Regulation 2012 — omit . ENDNOTES 1 Made by the Governor in Council on 10 December 2015. 2 Notified on the Queensland legislation website on 11 December 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. 173 Page 9