This regulation may be cited as the Local Government Legislation (Empowering Councils) Amendment Regulation 2025.
Part 2 Amendment of City of Brisbane Regulation 2012
This part amends the City of Brisbane Regulation 2012.
3Amendment of s 122 (Discount for prompt payment of rates or charges)
Section 122(8), ‘subsection (6)’—
omit, insert—subsection (7)
4Replacement of s 167 (Annual operational plan contents)
Section 167—
omit, insert—167Annual operational plan contents
The council’s annual operational plan must—(a)be consistent with its annual budget; and(b)state how the council will—(i)progress the implementation of the corporate plan during the period of the annual operational plan; and(ii)manage operational risks.
5Amendment of s 174 (Preparation of annual report)
(1)Section 174(3)—
omit.(2)Section 174(4)—
renumber as section 174(3).
6Amendment of s 182 (Other contents)
Section 182(2), definition annual operations report, paragraphs (a) to (d)—
omit, insert—(a)information that allows an informed assessment of the unit’s operations;(b)particulars of any directions the council gave the unit.
7Amendment of s 194 (Requirements for councillors about discretionary funds—Act, s 106)
(1)Section 194(5)(b)—
omit.(2)Section 194(5)(c)—
renumber as section 194(5)(b).
8Amendment of s 194A (Requirements for notice of allocation)
(1)Section 194A—
insert—(1A)To remove any doubt, it is declared that the requirement to give the chief executive officer a notice about the allocation under subsection (1) continues to apply to a person who—(a)was a councillor when the allocation was made; and(b)stops being a councillor before the notice is given.(2)Section 194A(1A) and (2)—
renumber as section 194A(2) and (3).
9Insertion of new ss 213A–213E
After section 213—
insert—In this part—contractual arrangement, between the council and a supplier, means an arrangement between the council and the supplier comprised of—(a)a contract for the supply of goods or services; or(b)if the council and supplier enter into more than 1 contract for the supply of goods or services of the same, or a similar, type—each of the contracts.disposal, of a valuable non-current asset, includes the disposal of all of, or an interest in, the asset.the grant of a lease over land or a buildinglarge-sized contractual arrangement see section 213C.medium-sized contractual arrangement see section 213B.term, of a contractual arrangement between the council and a supplier, includes any possible extension by renewal of the term of the arrangement that is agreed between the council and supplier at the time the arrangement is entered into.valuable non-current asset see section 213D.valuable non-current asset contract means a contract for the disposal of a valuable non-current asset.213B Medium-sized contractual arrangement
(1)A medium-sized contractual arrangement is a contractual arrangement between the council and a supplier that—(a)the council expects will cost the council, exclusive of GST, at least the minimum amount for an arrangement of that type under subsection (2) over the term of the arrangement; and(b)is not a large-sized contractual arrangement.(2)The minimum amount for a medium-sized contractual arrangement is—(a)for an arrangement entered into before 1 July 2026—$21,000; or(b)for an arrangement entered into on or after 1 July 2026—the minimum amount for the arrangement as adjusted and rounded under section 213E.See section 213E(5) in relation to publication on the department’s website of the minimum amount for a contractual arrangement.213C Large-sized contractual arrangements
(1)A large-sized contractual arrangement is a contractual arrangement between the council and a supplier that the council expects will cost the council, exclusive of GST, at least the minimum amount for an arrangement of that type under subsection (2) over the term of the arrangement.(2)The minimum amount for a large-sized contractual arrangement is—(a)for an arrangement entered into before 1 July 2026—$280,000; or(b)for an arrangement entered into on or after 1 July 2026—the minimum amount for the arrangement as adjusted and rounded under section 213E.See section 213E(5) in relation to publication on the department’s website of the minimum amount for a contractual arrangement.213D Valuable non-current assets
(1)A valuable non-current asset is—(a)land; or(b)another non-current asset that has an apparent value of at least the limit set by the council for the asset.(2)The limit set by the council under subsection (1)(b) for a non-current asset must not be more than the maximum amount for the asset under subsection (3).(3)The maximum amount for a non-current asset is—(a)for a non-current asset disposed of before 1 July 2026—(i)for plant or equipment—$7,000, exclusive of GST; or(ii)for another type of non-current asset—$14,000, exclusive of GST; or(b)for a non-current asset disposed of on or after 1 July 2026—the maximum amount for the asset as adjusted and rounded under section 213E.See section 213E(5) in relation to publication on the department’s website of the maximum amount for valuable non-current assets.213E Adjustment and rounding of particular amounts
(1)This section applies in relation to each of the following amounts under this part—(a)the minimum amount for a medium-sized contractual arrangement;(b)the minimum amount for a large-sized contractual arrangement;(c)the maximum amount for a valuable non-current asset.(2)On 1 July in each year—(a)the amount is adjusted under subsection (3); and(b)the adjusted amount is rounded to—(i)for the minimum amount for a large-sized contractual arrangement—the nearest multiple of $1,000; or(ii)for another amount—the nearest multiple of $100.(3)The amount is adjusted using the following formula—where—
AA means the adjusted amount.A means the amount as it was in effect immediately before 1 July in the year.B means the CPI for the March quarter in the year.C means the CPI for the March quarter in the previous year.(4)However, if the adjustment or rounding of the amount under this section would reduce the amount so it is lower than the amount that was in effect immediately before 1 July in the year (the former amount), the adjusted and rounded amount is taken to be the former amount.(5)The chief executive must publish on the department’s website each of the amounts, as adjusted and rounded under this section, while the amount is in effect.(6)In this section—CPI means the index number for Brisbane stated in the all groups consumer price index numbers and percentage changes published by the Australian Bureau of Statistics.March quarter, in a year, means the quarter in the year starting on 1 January and ending on 31 March.
10Replacement of s 214 (What div 2 is about)
Section 214—
omit, insert—This division explains what the council must do before it enters into—(a)a medium-sized contractual arrangement; or(b)a large-sized contractual arrangement; or(c)a valuable non-current asset contract.
11Amendment of s 226 (Exceptions for valuable non-current asset contracts)
(1)Section 226(1), ‘subsections (2) to (4)’—
omit, insert—subsections (2) to (5)
(2)Section 226(1)(f)—
omit, insert—(f)none of paragraphs (a) to (e) apply and the council considers the disposal is—(i)in the public interest; and(ii)otherwise in accordance with the sound contracting principles.(3)Section 226(2), ‘subsection (1)(a) to (e)’—
omit, insert—subsection (1)
(4)Section 226—
insert—(2A)If the council makes a resolution deciding that the exception mentioned in subsection (1)(f) may apply to the council on the disposal of a valuable non-current asset other than by tender or auction—(a)the resolution must state—(i)why the council considers the disposal of the asset other than by tender or auction is in the public interest; and(ii)how the disposal is otherwise in accordance with the sound contracting principles; and(b)the council—(i)must, within 5 business days after making the resolution, give a copy of the resolution to the Minister; and(ii)must not dispose of the asset as permitted by the exception within 56 days after making the resolution.(5)Section 226(4) and (5), ‘subsection (3)’—
omit, insert—subsection (4)
(6)Section 226(6)—
omit.(7)Section 226(2A) to (5)—
renumber as section 226(3) to (6).
12Amendment of s 279A (Recording and notifying loss of council asset)
(1)Section 279A(3)(a)—
omit.(2)Section 279A(3)(b) to (d)—
renumber as section 279A(3)(a) to (c).
13Insertion of new ch 10, pt 13
Chapter 10—
insert—Part 13 Transitional provisions for Local Government Legislation (Empowering Councils) Amendment Regulation 2025
In this part—former, in relation to a provision of this regulation, means the provision as in force from time to time before the commencement.312Existing Ministerial extensions of time for adoption of annual report
(1)This section applies if—(a)before the commencement, the Minister had, under former section 174(3), extended the time by which an annual report of the council must be adopted; and(b)immediately before the commencement—(i)the extension had not expired; and(ii)the council had not adopted the annual report.(2)The extension continues in effect as if the Local Government Legislation (Empowering Councils) Amendment Regulation 2025, section 5 had not commenced.313Existing Ministerial exemption for disposal of non-current asset
(1)This section applies if—(a)before the commencement, the Minister granted the council an exemption under former section 226(1)(f) in relation to the disposal of a non-current asset; and(b)immediately before the commencement, the council had not yet disposed of the asset.(2)The council may, under former section 226, dispose of the non-current asset in accordance with the exemption as if the Local Government Legislation (Empowering Councils) Amendment Regulation 2025, section 11 had not commenced.(3)Subsection (2) does not prevent the disposal of the non-current asset under section 226(1)(f) as in force on the commencement.314Requirement to notify Minister about particular material losses
(1)This section applies if, immediately before the commencement, the chief executive officer—(a)was required to notify the Minister about a material loss under section 279A(3)(a) as in force immediately before the commencement; and(b)had not yet notified the Minister.(2)On the commencement, the requirement to notify the Minister about the material loss stops applying to the chief executive officer.
14Amendment of sch 4 (Dictionary)
(1)Schedule 4, definitions large-sized contractual arrangement, medium-sized contractual arrangement, valuable non-current asset and valuable non-current asset contract—
omit.(2)Schedule 4—
insert—contractual arrangement, between the council and a supplier, for chapter 6, part 3, see section 213A.disposal, for chapter 6, part 3, see section 213A.large-sized contractual arrangement, for chapter 6, part 3, see section 213C.medium-sized contractual arrangement, for chapter 6, part 3, see section 213B.term, of a contractual arrangement between the council and a supplier, for chapter 6, part 3, see section 213A.valuable non-current asset, for chapter 6, part 3, see section 213D.valuable non-current asset contract, for chapter 6, part 3, see section 213A.
Part 3 Amendment of Local Government Regulation 2012
This part amends the Local Government Regulation 2012.
16Amendment of s 120 (Criteria for granting concession)
(1)Section 120(1)—
insert—(ba)the concession is appropriate having regard to the cost of living in the locality where the land is situated; or(2)Section 120(1)(ba) to (h)—
renumber as section 120(1)(c) to (i).
17Replacement of s 175 (Annual operational plan contents)
Section 175—
omit, insert—175Annual operational plan contents
The annual operational plan for a local government must—(a)be consistent with its annual budget; and(b)state how the local government will—(i)progress the implementation of the 5-year corporate plan during the period of the annual operational plan; and(ii)manage operational risks.
18Amendment of s 182 (Preparation of annual report)
(1)Section 182(3)—
omit.(2)Section 182(4)—
renumber as section 182(3).
19Amendment of s 190 (Other contents)
Section 190(2), definition annual operations report, paragraphs (a) to (d)—
omit, insert—(a)information that allows an informed assessment of the unit’s operations;(b)particulars of any directions the local government gave the unit.
20Amendment of s 202 (Requirements for councillors about discretionary funds—Act, s 109)
(1)Section 202(5)(b)—
omit.(2)Section 202(5)(c)—
renumber as section 202(5)(b).
21Amendment of s 202A (Requirements for notice of allocation)
(1)Section 202A—
insert—(1A)To remove any doubt, it is declared that the requirement to give the chief executive officer a notice about the allocation under subsection (1) continues to apply to a person who—(a)was a councillor when the allocation was made; and(b)stops being a councillor before the notice is given.(2)Section 202A(1A) and (2)—
renumber as section 202A(2) and (3).
22Insertion of new ss 223A–223E
After section 223—
insert—In this part—contractual arrangement, between a local government and a supplier, means an arrangement between the local government and the supplier comprised of—(a)a contract for the supply of goods or services; or(b)if the local government and supplier enter into more than 1 contract for the supply of goods or services of the same, or a similar, type—each of the contracts.disposal, of a valuable non-current asset, includes the disposal of all of, or an interest in, the asset.the grant of a lease over land or a buildinglarge-sized contractual arrangement see section 223C.medium-sized contractual arrangement see section 223B.term, of a contractual arrangement between a local government and a supplier, includes any possible extension by renewal of the term of the arrangement that is agreed between the local government and supplier at the time the arrangement is entered into.valuable non-current asset see section 223D.valuable non-current asset contract means a contract for the disposal of a valuable non-current asset.223B Medium-sized contractual arrangement
(1)A medium-sized contractual arrangement is a contractual arrangement between a local government and a supplier that—(a)the local government expects will cost the local government, exclusive of GST, at least the minimum amount for an arrangement of that type under subsection (2) over the term of the arrangement; and(b)is not a large-sized contractual arrangement.(2)The minimum amount for a medium-sized contractual arrangement is—(a)for an arrangement entered into before 1 July 2026—$21,000; or(b)for an arrangement entered into on or after 1 July 2026—the minimum amount for the arrangement as adjusted and rounded under section 223E.See section 223E(5) in relation to publication on the department’s website of the minimum amount for a contractual arrangement.223C Large-sized contractual arrangements
(1)A large-sized contractual arrangement is a contractual arrangement between a local government and a supplier that the local government expects will cost the local government, exclusive of GST, at least the minimum amount for an arrangement of that type under subsection (2) over the term of the arrangement.(2)The minimum amount for a large-sized contractual arrangement is—(a)for an arrangement entered into before 1 July 2026—$280,000; or(b)for an arrangement entered into on or after 1 July 2026—the minimum amount for the arrangement as adjusted and rounded under section 223E.See section 223E(5) in relation to publication on the department’s website of the minimum amount for a contractual arrangement.223D Valuable non-current assets
(1)A valuable non-current asset is—(a)land; or(b)another non-current asset that has an apparent value of at least the limit set for the asset by a local government.(2)The limit set by a local government under subsection (1)(b) for a non-current asset must not be more than the maximum amount for the asset under subsection (3).(3)The maximum amount for a non-current asset is—(a)for a non-current asset disposed of before 1 July 2026—(i)for plant or equipment—$7,000, exclusive of GST; or(ii)for another type of non-current asset—$14,000, exclusive of GST; or(b)for a non-current asset disposed of on or after 1 July 2026—the maximum amount for the asset as adjusted and rounded under section 223E.See section 223E(5) in relation to publication on the department’s website of the maximum amount for valuable non-current assets.223E Adjustment and rounding of particular amounts
(1)This section applies in relation to each of the following amounts under this part—(a)the minimum amount for a medium-sized contractual arrangement;(b)the minimum amount for a large-sized contractual arrangement;(c)the maximum amount for a valuable non-current asset.(2)On 1 July in each year—(a)the amount is adjusted under subsection (3); and(b)the adjusted amount is rounded to—(i)for the minimum amount for a large-sized contractual arrangement—the nearest multiple of $1,000; or(ii)for another amount—the nearest multiple of $100.(3)The amount is adjusted using the following formula—where—
AA means the adjusted amount.A means the amount as it was in effect immediately before 1 July in the year.B means the CPI for the March quarter in the year.C means the CPI for the March quarter in the previous year.(4)However, if the adjustment or rounding of the amount under this section would reduce the amount so it is lower than the amount that was in effect immediately before 1 July in the year (the former amount), the adjusted and rounded amount is taken to be the former amount.(5)The chief executive must publish on the department’s website each of the amounts, as adjusted and rounded under this section, while the amount is in effect.(6)In this section—CPI means the index number for Brisbane stated in the all groups consumer price index numbers and percentage changes published by the Australian Bureau of Statistics.March quarter, in a year, means the quarter in the year starting on 1 January and ending on 31 March.
23Replacement of s 224 (What div 2 is about)
Section 224—
omit, insert—This division explains what a local government must do before it enters into—(a)a medium-sized contractual arrangement; or(b)a large-sized contractual arrangement; or(c)a valuable non-current asset contract.
24Amendment of s 236 (Exceptions for valuable non-current asset contracts)
(1)Section 236(1), ‘subsections (2) to (4)’—
omit, insert—subsections (2) to (5)
(2)Section 236(1)(f)—
omit, insert—(f)none of paragraphs (a) to (e) apply and the local government considers the disposal is—(i)in the public interest; and(ii)otherwise in accordance with the sound contracting principles.(3)Section 236(2), ‘subsection (1)(a) to (e)’—
omit, insert—subsection (1)
(4)Section 236—
insert—(2A)If a local government makes a resolution deciding that the exception mentioned in subsection (1)(f) may apply to the local government on the disposal of a valuable non-current asset other than by tender or auction—(a)the resolution must state—(i)why the local government considers the disposal of the asset other than by tender or auction is in the public interest; and(ii)how the disposal is otherwise in accordance with the sound contracting principles; and(b)the local government—(i)must, within 5 business days after making the resolution, give a copy of the resolution to the Minister; and(ii)must not dispose of the asset as permitted by the exception within 56 days after making the resolution.(5)Section 236(4) and (5), ‘subsection (3)’—
omit, insert—subsection (4)
(6)Section 236(6)—
omit.(7)Section 236(2A) to (5)—
renumber as section 236(3) to (6).
25Amendment of s 247 (Remuneration payable to councillors)
(1)Section 247—
insert—(5A)If the amount of remuneration for a councillor is a proportion of the maximum amount payable to the councillor under the remuneration schedule, the amount of remuneration for each other councillor, including a mayor or deputy mayor, must be the same proportion of the maximum amount payable to that other councillor under the schedule.If the amount of remuneration for the mayor of a local government is 90% of the maximum amount of remuneration payable to the mayor under the remuneration schedule—(a)the amount of remuneration for the deputy mayor of the local government must be 90% of the maximum amount of remuneration payable to the deputy mayor under the schedule; and(b)the amount of remuneration for the other councillors of the local government must be 90% of the maximum amount of remuneration payable to councillors other than the mayor or deputy mayor under the schedule.(2)Section 247(7), ‘Subsections (4) and (5)’—
omit, insert—Subsections (4), (5) and (6)
(3)Section 247(5A) to (7)—
renumber as section 247(6) to (8).
26Amendment of s 257 (Frequency and place of meetings)
Section 257(2)—
omit, insert—(2)However, the local government need not meet in a particular month if the local government considers it would be impracticable or unnecessary to do so.•the local government considers meeting in a month in which a disease outbreak or severe weather event happens in the local government’s area would be impracticable•the local government considers meeting in a month in the caretaker period for the local government would be unnecessary
27Amendment of s 307A (Recording and notifying loss of local government asset)
(1)Section 307A(3)(a)—
omit.(2)Section 307A(3)(b) to (d)—
renumber as section 307A(3)(a) to (c).
After section 377—
insert—Chapter 26 Transitional provisions for Local Government Legislation (Empowering Councils) Amendment Regulation 2025
In this part—former, in relation to a provision of this regulation, means the provision as in force from time to time before the commencement.379Existing Ministerial extensions of time for adoption of annual report
(1)This section applies if—(a)before the commencement, the Minister had, under former section 182(3), extended the time by which an annual report of the local government must be adopted; and(b)immediately before the commencement—(i)the extension had not expired; and(ii)the local government had not adopted the annual report.(2)The extension continues in effect as if the Local Government Legislation (Empowering Councils) Amendment Regulation 2025, section 18 had not commenced.380Existing Ministerial exemption for disposal of non-current asset
(1)This section applies if—(a)before the commencement, the Minister granted the local government an exemption under former section 236(1)(f) in relation to the disposal of a non-current asset; and(b)immediately before the commencement, the local government had not yet disposed of the asset.(2)The local government may, under former section 236, dispose of the non-current asset in accordance with the exemption as if the Local Government Legislation (Empowering Councils) Amendment Regulation 2025, section 24 had not commenced.(3)Subsection (2) does not prevent the disposal of the non-current asset under section 236(1)(f) as in force on the commencement.381Requirement to notify Minister about particular material losses
(1)This section applies if, immediately before the commencement, a chief executive officer—(a)was required to notify the Minister about a material loss under section 307A(3)(a) as in force immediately before the commencement; and(b)had not yet notified the Minister.(2)On the commencement, the requirement to notify the Minister about the material loss stops applying to the chief executive officer.
29Amendment of sch 8 (Dictionary)
(1)Schedule 8, definitions large-sized contractual arrangement, medium-sized contractual arrangement, valuable non-current asset and valuable non-current asset contract—
omit.(2)Schedule 8—
insert—contractual arrangement, between a local government and a supplier, for chapter 6, part 3, see section 223A.disposal, for chapter 6, part 3, see section 223A.large-sized contractual arrangement, for chapter 6, part 3, see section 223C.medium-sized contractual arrangement, for chapter 6, part 3, see section 223B.term, of a contractual arrangement between a local government and a supplier, for chapter 6, part 3, see section 223A.valuable non-current asset, for chapter 6, part 3, see section 223D.valuable non-current asset contract, for chapter 6, part 3, see section 223A.