Local Government Legislation Amendment Regulation (No. 3) 2010 (Qld)

Queensland Local Government Legislation Amendment Regulation (No. 3) 2010 Subordinate Legislation 2010 No. 323 made under the Local Government Act 2009 City of Brisbane Act 2010 Contents Part 1 1 Part 2 2 3 4 5 Part 3 6 7 8 9 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Amendment of City of Brisbane (Finance, Plans andReporting) Regulation 2010 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Amendment of s 96 (Preparation and content of the budget). . . . 2 Insertion of new s 109A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 109A Finances relating to distributor-retailer . . . . . . . . . . . . 3 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of Local Government (Finance, Plans andReporting) Regulation 2010 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of s 99 (Budget contents). . . . . . . . . . . . . . . . . . . . . 4 Insertion of new s 111A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 111A Finances relating to distributor-retailers . . . . . . . . . . . 5 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 6

Local Government Legislation Amendment Regulation (No. 3) 2010 Part 1 Preliminary [s 1] Part 1 Preliminary 1 Short title This regulation may be cited as the Local Government Legislation Amendment Regulation (No. 3) 2010 . Part 2 Amendment of City of Brisbane (Finance, Plans and Reporting) Regulation 2010 2 Regulation amended This part amends the CityofBrisbane(Finance,PlansandReporting) Regulation 2010 . 3 Amendment of s 96 (Preparation and content of the budget) (1) Section 96(4) and (5)— renumber as section 96(5) and (6). (2) Section 96— insert— ‘(4) The budget must include details of the following for the financial year for which it is prepared and the next 2 financial years— (a) the estimated profits of the distributor-retailer for the council to be distributed to the council; (b) the estimated tax equivalents to be paid by the distributor-retailer to the council under the South-EastQueenslandWater(DistributionandRetailRestructuring) Act 2009 , section 100; Page 2 2010 SL No. 323

Local Government Legislation Amendment Regulation (No. 3) 2010 Part 2 Amendment of City of Brisbane (Finance, Plans and Reporting) Regulation 2010 [s 4] (c) the estimated costs of all other payments to be made by the distributor-retailer to the council, or obligations or liabilities that will be owed by the distributor-retailer to the council, under a financial arrangement entered into between the distributor-retailer and council; (d) the estimated costs, and the purposes, of all payments to be made by the council to the distributor-retailer; (e) the estimated costs of, and the reasons for, all obligations or liabilities that will be owed by the council to the distributor-retailer.’. 4 Insertion of new s 109A Chapter 3, part 3— insert— ‘109A Finances relating to distributor-retailer ‘The annual report for a financial year must contain details of the following for the financial year— (a) the profits of the distributor-retailer for the council distributed to the council; (b) the tax equivalents paid by the distributor-retailer to the council under the South-EastQueenslandWater(DistributionandRetailRestructuring)Act2009 , section 100; (c) all other payments made by the distributor-retailer to the council, or obligations or liabilities owed by the distributor-retailer to the council, under a financial arrangement entered into between the distributor-retailer and council; (d) all payments made by the council to the distributor-retailer, including the purposes of the payments; (e) all obligations or liabilities owed by the council to the distributor-retailer, including the reasons for the obligations or liabilities.’. 2010 SL No. 323 Page 3

Local Government Legislation Amendment Regulation (No. 3) 2010 Part 3 Amendment of Local Government (Finance, Plans and Reporting) Regulation 2010 [s 5] 5 Amendment of schedule (Dictionary) Schedule— insert— ‘ distributor-retailer see the South-EastQueenslandWater(Distribution and Retail Restructuring) Act 2009 , section 8. financial arrangement means a type 1 financial arrangement or type 2 financial arrangement under the StatutoryBodiesFinancial Arrangements Act 1982 .’. Part 3 Amendment of Local Government (Finance, Plans and Reporting) Regulation 2010 6 Regulation amended This part amends the Local Government (Finance, Plans andReporting) Regulation 2010 . 7 Amendment of s 99 (Budget contents) (1) Section 99(4) and (5)— renumber as section 99(5) and (6). (2) Section 99— insert— ‘(4) The budget for a local government that is a participating local government for a distributor-retailer under the South-EastQueensland Water (Distribution and Retail Restructuring) Act2009 must include details of the following for the financial year for which it is prepared and the next 2 financial years— (a) the estimated profits of the distributor-retailer to be distributed to the local government; Page 4 2010 SL No. 323

Local Government Legislation Amendment Regulation (No. 3) 2010 Part 3 Amendment of Local Government (Finance, Plans and Reporting) Regulation 2010 [s 8] (b) the estimated tax equivalents to be paid by the distributor-retailer to the local government under the South-EastQueenslandWater(DistributionandRetailRestructuring) Act 2009 , section 100; (c) the estimated costs of all other payments to be made by the distributor-retailer to the local government, or obligations or liabilities that will be owed by the distributor-retailer to the local government, under a financial arrangement entered into between the distributor-retailer and local government; (d) the estimated costs, and the purposes, of all payments to be made by the local government to the distributor-retailer; (e) the estimated costs of, and the reasons for, all obligations or liabilities that will be owed by the local government to the distributor-retailer.’. 8 Insertion of new s 111A Chapter 3, part 3— insert— ‘111A Finances relating to distributor-retailers ‘(1) This section applies to a local government that is a participating local government for a distributor-retailer under the South-EastQueenslandWater(DistributionandRetailRestructuring) Act 2009 . ‘(2) The annual report for a financial year must contain details of the following for the financial year— (a) the profits of the distributor-retailer distributed to the local government; (b) the tax equivalents paid by the distributor-retailer to the local government under the South-EastQueenslandWater (Distribution and Retail Restructuring) Act 2009 , section 100; 2010 SL No. 323 Page 5

Local Government Legislation Amendment Regulation (No. 3) 2010 Part 3 Amendment of Local Government (Finance, Plans and Reporting) Regulation 2010 [s 9] (c) all other payments made by the distributor-retailer to the local government, or obligations or liabilities owed by the distributor-retailer to the local government, under a financial arrangement entered into between the distributor-retailer and local government; (d) all payments made by the local government to the distributor-retailer, including the purposes of the payments; (e) all obligations or liabilities owed by the local government to the distributor-retailer, including the reasons for the obligations or liabilities.’. 9 Amendment of schedule (Dictionary) Schedule— insert— ‘ distributor-retailer see the South-EastQueenslandWater(Distribution and Retail Restructuring) Act 2009 , section 8. financial arrangement means a type 1 financial arrangement or type 2 financial arrangement under the StatutoryBodiesFinancial Arrangements Act 1982 .’. ENDNOTES 1 Made by the Governor in Council on 25 November 2010. 2 Notified in the gazette on 26 November 2010. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Infrastructure and Planning. © State of Queensland 2010 Page 6 2010 SL No. 323