QueenslandLocal Government
Act 1993LOCALGOVERNMENTFINANCESTANDARD1994Reprinted as in force on 1 July
2003(includes commenced amendments up to 2003 SL
No. 40)Reprint No. 3This reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copyNOT FURTHER AMENDEDLAST REPRINT
BEFORE REPEALSee 2005 SL No. 82 s 95
Information about this reprintThis
standard is reprinted as at 1 July 2003. The reprint—•shows the law as amended by all
amendments that commenced on or before that day(Reprints Act
1992 s 5(c))•incorporatesallnecessaryconsequentialamendments,whetherofpunctuation,numbering or
another kind (Reprints Act 1992 s 5(d)).The reprint
includes a reference to the law by which each amendment was
made—see listoflegislationandlistofannotationsinendnotes. Alsoseelistoflegislationforanyuncommenced amendments.Minor
editorial changes allowed under the provisions of the Reprints Act
1992 have alsobeen made to use aspects of format and
printing style consistent with current draftingpractice (s
35).This page is specific to this reprint. See
previous reprints for information about earlierchanges made under
the Reprints Act 1992. A table of reprints is included in the
endnotes.Also see endnotes for information
about—•when provisions commenced•editorial changes made in earlier
reprints.Dates shown on reprintsReprints dated at
last amendmentAll reprints produced on or after 1 July
2002, hardcopy and electronic, are dated as at the last
date of amendment. Previously reprints weredated as at the
date of publication. If a hard copy reprint is dated earlier than
an electronicversion published before 1 July 2002, it
means the legislation was not further amendedand the reprint
date is the commencement of the last amendment.If the date of a
hard copy reprint is the same as the date shown for an electronic
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Also, any revised edition of the previously published electronic
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other.
s17s2Local
Government Finance Standard 1994LOCAL GOVERNMENT
FINANCE STANDARD1994[as amended by all amendments that
commenced on or before 1 July 2003]PART
1—PRELIMINARY1Short titleThis standard may
be cited as theLocal Government Finance Standard1994.2DefinitionsIn this
standard—“abstracts of the Urgent Issues Group”means
the abstracts of the UrgentIssuesGrouppublishedbytheAustralianAccountingStandardsBoard.1“accounting standards”means—(a)theaccountingstandardsissuedbytheAustralianAccountingStandards Board; or(b)the
Australian Accounting Standards issued jointly by or for theNationalCouncilsofCPAAustraliaandtheInstituteofChartered Accountants in
Australia.2“adoptedbudget”ofalocalgovernmentmeanstheoriginalbudgetadopted by it and any amendments to the
budget adopted by it.“bank account”means an account
with a financial institution.“commercialisation”, for part 9, see
section 5753of the Act.1The
abstracts can be accessed on the Internet at
www.aasb.com.au.2The accounting standards issued by the
Australian Accounting Standards Board andtheAustralianAccountingStandardscanbeaccessedontheinternetatwww.aasb.com.au.3Section 575 (Meaning of “commercialisation”)
of the Act
s28s2Local
Government Finance Standard 1994“Commonwealth
tax”means tax imposed under a Commonwealth
Act.“community service obligations”means—(a)foranactivitycarriedonbyacorporatisedcorporationunderchapter 8, part 7 of the Act—see section
6774of the Act; or(b)for
an activity carried on by a commercial business unit of a
localgovernment—see section 5775of the Act; or(c)foranotheractivitycarriedonbyalocalgovernment—theobligations to do
anything the local government is satisfied—(i)if
the activity were to be carried on by an entity with theprimaryobjectofmakingaprofit—wouldnotbeintheentity’s commercial interests to perform;
and(ii)arise because of a direction by the
local government.“entity”, for part 11,
see section 102.6“full cost pricing”, for part 8, see
section 5687of the Act.“LGA
arrangement”means an arrangement—(a)entered into by—(i)the
Local Government Association; or(ii)acompanyregisteredundertheCorporationsActiftheassociation is
its only shareholder; and(b)that would be a
purchasing arrangement if entered into by a localgovernment; and(c)for
which the procedure set out in section 148has
been followedby the association or company as if it were
a local government.“original budget”, of a local
government, means the budget adopted at thelocal
government’s budget meeting.“preferredsupplierarrangement”foralocalgovernmentmeansanarrangement by the local government with a
supplier for the supply ofgoods or services under agreed pricing
conditions for a stated period.4Section 677 (Meaning of “community service
obligations”) of the Act5Section 577
(Definitions for pt 6) of the Act6Section 102 (Matters to be complied with for
relevant business activities)7Section 568 (Meaning of “full cost pricing”)
of the Act8Section 14 (Procedure for establishing
purchasing arrangements)
s39s3Local
Government Finance Standard 1994“pre-qualified
supplier”for a local government means a supplier who
hasbeenassessedbythelocalgovernmentashavingthetechnical,financial and
managerial capability necessary to perform contracts ontime
and in accordance with agreed requirements.“purchasing
arrangement”means—(a)a
standing offer arrangement; or(b)a
preferred supplier arrangement; or(c)a
register of pre-qualified suppliers.“relevant business
activity”, for part 11, see section 7729of the Act.“roads business
activity”, for part 10, see section 76110of the Act.“standingofferarrangement”foralocalgovernmentmeansanarrangement to which the local government is
a party with a supplierfor the supply of goods or services at
a fixed price for a stated period.“statements of
accounting concepts”means the statements of accountingconceptsissuedjointlybyorfortheNationalCouncilsofCPAAustralia and the
Institute of Chartered Accountants Australia.11“State
tax”means tax imposed under the Act, or another
Act.“tax”includes a charge, duty, fee, levy or
rate.PART 2—FINANCIAL MANAGEMENTDivision 1—Policies for financial
management3Policies to be developed by each local
governmentA local government must develop the
following financial managementpolicies—9Section 772 (Definitions for ch 10) of
the Act10Section 761 (Definitions for ch 9) of
the Act11The statements can be accessed on the
Internet at www.aasb.com.au.
s
410s 5Local Government
Finance Standard 1994(a)a policy about
contracts for the acquisition of goods and servicesfor
less than $10 000;(b)a policy about internal audit;(c)a policy about an audit
committee;(d)a policy about borrowings;(e)revenue policy;(f)a
policy about the carrying out of the principles governing
themaking of contracts mentioned in section 481
of the Act.4Policy about contracts for the
acquisition of goods and services forless than $10
000A local government’s policy about contracts
for the acquisition of goodsand services for
less than $10 000 must include details of the process andprocedures to be used in entering into the
contracts.5Policy about internal audit(1)A local government’s policy about
internal audit must provide forwhether the local
government must appoint an internal auditor.(2)If
the internal audit policy provides that an internal auditor must
beappointed, the internal auditor must perform
the following duties—(a)identifyandassesstheriskstowhichthelocalgovernment’soperations are
exposed;(b)prepare audit plans to lessen the
identified risks;(c)developaworkprogramforallinternalauditactivitiesofthelocal government;(d)supplyasummaryofeachinternalauditreporttothemayor,chiefexecutiveofficerand,ifanauditcommitteehasbeenappointed, the
committee;(e)atleasttwiceeachfinancialyear—supplyasummaryofauditfindings, action
taken and action outstanding to the mayor, chiefexecutive officer and, if an audit committee
has been appointed,the committee.(3)Aninternalauditormayadvisetheauditor-generalaboutanauditfinding.
s
611s 8Local Government
Finance Standard 1994(4)If a local
government’s policy about internal audit does not providefor
the appointment of an internal auditor, it must provide for a
review ofthe policy about appointing an internal
auditor at least every 3 years.6Policy about an audit committee(1)A local government’s policy about an
audit committee must providefor whether the
local government must establish an audit committee.(2)If the audit committee policy provides
that an audit committee mustbe established,
the audit committee must—(a)meet at least
twice each financial year; and(b)review internal audit reports and findings;
and(c)review audit risk assessments and
projects; and(d)review letters and reports provided by
an external auditor.(3)If a local government’s audit
committee policy does not provide forthe establishment
of an audit committee, it must provide for a review of thepolicy
about establishing an audit committee at least every 3
years.7Policy about borrowingsA
local government’s policy about borrowings must include—(a)newborrowingsplannedforthecurrentfinancialyearandthenext
2 financial years; and(b)the purpose of
the new borrowings; and(c)the time over
which it is planned to repay existing and proposedborrowings.8Revenue policyA local
government’s revenue policy for a financial year must
includedetailsoftheprinciplesappliedbyitforthefinancialyearforthefollowing—(a)making and levying rates and
charges;(b)exercising its powers to grant rebates
and concessions;(c)recovery of unpaid amounts of rates
and charges.
s
912s 11Local Government
Finance Standard 1994Division 2—Principles of financial
management9Principles to be complied with in
financial managementThe principles to be complied with by a
local government in financialmanagement are as
follows—(a)the need to consider suitable
operation of internal control;(b)the
need to consider equity between people presently living in
itsarea and between different
generations;(c)the need to consider the interests of
all people living in its area;(d)theneedtoconsidertheefficient,effectiveandpropermanagement of the
local government;(e)the need to consider planning for the
future.Division 3—Accounting manual10Local government to keep accounting
manual(1)A local government must keep an
accounting manual.(2)The manual must contain—(a)allofthelocalgovernment’spoliciesaboutfinancialmanagement; and(b)theproceduresandinternalcontrolsassociatedwiththeaccounting systems; and(c)the duties of staff operating the
accounting systems.Division 4—Contracts and tendering11Exemptions to requirement to seek
tenders or quotations—Act,s 486(1)(e)Acontractismadeunderanexemptiontoopencompetitionifthecontract is entered into—(a)under a standing offer or a preferred
supplier arrangement; or
s
1213s 14Local Government
Finance Standard 1994(b)with a supplier
from a register of pre-qualified suppliers; or(c)under
an LGA arrangement.12Preconditions for establishing a
standing offer or preferredsupplier arrangementA
local government may establish a standing offer or preferred
supplierarrangement only if—(a)thesupplyofgoodsorservicesisneededinlargevolumesorfrequently; and(b)the
local government is able to obtain better value for money byaggregating demand for the goods or services
needed; and(c)the goods or services needed can be
stated in terms that would bewell understood
in the industry concerned.13Preconditions for
establishing a register of pre-qualified suppliersA
local government may establish a register of pre-qualified
suppliersonly if—(a)the
preparation and evaluation of invitations each time the
goodsor services are needed would be costly;
or(b)the capability or financial capacity
of the supplier is critical; or(c)thegoodsorservicessuppliedinvolvesignificantsecurityconsiderations; or(d)a
precondition of an offer to contract is compliance with
definedstandards; or(e)theabilityoflocalbusinesstosupplythegoodsorservicesneededbythelocalgovernmentneedstobeascertainedorencouraged.14Procedure for establishing purchasing
arrangements(1)Ifalocalgovernmentproposestoestablishapurchasingarrangement, it
must invite persons to tender.(2)The
invitation must—
s
14A14Local Government Finance Standard
1994s 14A(a)be in the way
provided for inviting tenders in section 48412of
theAct; and(b)statethepurchasingarrangementforwhichthepersonistendering.(3)Thelocalgovernmentmustselectpersonstoenterapurchasingarrangement on the
basis of the principles mentioned in section 48113of theAct.(4)Thelocalgovernmentmustensurethereisprovisionfortheevaluation of a purchasing arrangement
including, for example, removal ofa person from an
arrangement because of the person’s poor performance ofa
contract entered into under the arrangement.(5)A
local government may enter a purchasing arrangement for
longerthan2yearsonlyifitissatisfiedthatbettervaluewillbeachievedbyentering into a longer
arrangement.Division 5—Notional GST14A Certificate
about payment of notional GSTAlocalgovernmentmust,nolaterthan15Septemberfollowingafinancial year, give the Minister a
certificate by the chief executive officerand the mayor of
the local government stating that the local governmenthas
paid notional GST for the financial year.12Section 484 (When tenders are required) of
the Act13Section 481 (Principles governing the
making of contracts) of the Act
s
1515s 16Local Government
Finance Standard 1994PART 3—CORPORATE AND OPERATIONAL
PLANSDivision 1—Corporate plans15Requirements of corporate plan—Act, s
507(1)Thepurposeofalocalgovernmentpreparingandadoptingacorporate plan is to provide an effective way
to decide, achieve and reviewits objectives in
the short, medium and long term, through an integratedresponse to the present and future needs of
its community.(2)Without limiting subsection (1), the
corporate plan must include—(a)anassessmentoflocalandregionalissues,andexternalandinternal factors, affecting its area and its
responses to the issues;and(b)a
statement of its strategic direction; and(c)a
statement of objectives about the issues affecting its area;
and(d)strategies for achieving the
objectives.16Assessment of local and regional
issues(1)Anassessmentoflocalandregionalissues,andthelocalgovernment’sresponsetotheissues,mustincludeinformationaboutitsrole in—(a)arts
and cultural development; and(b)community development and human services;
and(c)disaster mitigation; and(d)economic development; and(e)environmental management; and(f)housing policy; and(g)infrastructure development,
maintenance and replacement; and(h)population change and development.(2)Theassessmentmustalsoincludeconsiderationofthescopeforregionalcooperationbetweenlocalgovernmentstorespondtothelocaland regional
issues.
s
1716s 18Local Government
Finance Standard 1994(3)Theassessmentmustnotbelimitedtothetimetowhichthecorporate plan relates but must take into
account foreseeable future issuesrelevant to the
local government’s area.17Consultation
process used in preparation of planAcorporateplanmuststatetheconsultationprocessusedinitspreparation.Example—Note to corporate planThe
consultation process for the corporate plan included—(a)noticeofaproposaltoprepareadraftcorporateplan,invitingsubmissionsregarding the
preparation of the plan; and(b)consideration of submissions received about
the proposal; and(c)preparation of the plan; and(d)noticethatthedraftplanwasavailableforinspection,invitingsubmissionsregarding the
draft plan; and(e)consideration of submissions received
about the draft plan; and(f)preparation of
the final plan.Division 2—Operational plans18Requirements of operational plans—Act,
s 510A local government’s operational plan
must—(a)address the methods by which the
objectives of its corporate planare to be
achieved; and(b)specifytheoutcomesitwantstoachieveandtheinternalprocesses needed
to produce the outcomes; and(c)contain performance measures about the
outcomes.
s
1917s 21Local Government
Finance Standard 1994PART 4—FUNDS AND ACCOUNTING
PROCEDURESDivision 1—Operating fund19Operating fundAlocalgovernment’soperatingfundconsistsofallofitsassetsandliabilities other than trust fund
items.20Separate bank accounts within
operating fundSeparate bank accounts may be kept within
the operating fund.21Reserves—Act, s 515(1)Reservesmaybecreatedbyinclusioninalocalgovernment’sadopted
budget.(2)The resolution adopting a budget
creating a reserve must state thereason for the
reserve.(3)Theresolution,orapolicyofthelocalgovernment,muststatewhether—(a)cashrepresentingareserveistobetransferredtoaseparatelyidentified bank
account or other investment; or(b)the
assets concerned are to be kept within the local
government’sgeneral pool of assets.(4)If a
reserve is created, a transfer from the reserve may only be
madeby resolution of the local government or the
inclusion of the transfer in anadopted
budget.(5)A resolution authorising a transfer
from a reserve for a purpose otherthan the purpose
of the reserve must state the reason for the transfer.
s
2218s 27Local Government
Finance Standard 1994Division 2—Trust fund22Trust fund(1)A
local government must keep amounts credited to its trust fund in
aseparate bank account or separately
identified investments.(2)The bank account
for the trust fund must not be overdrawn.23Funds
that should not be part of trust fundAn amount in a
local government’s bank account for its trust fund that isnot
required to be in the account must be transferred to the operating
fundas soon as practicable.24Funds
incorrectly paid into operating fundIf an amount that
should be paid into a local government’s bank accountfor
its trust fund is paid into its bank account for its operating
fund, theamount must be transferred to the bank
account for the trust fund as soon aspracticable and,
in any case, within 5 working days after it is identified.25Reconciliation of trust fundThe
assets of the trust fund must be reconciled with the liabilities of
thetrust fund at least monthly.PART
5—BUDGET AND REVENUE STATEMENT26Budget to be prepared on an accrual
basisA local government’s budget must be prepared
on an accrual basis.27Requirements of budget—Act, s
519(1)A local government’s budget for a
financial year must show that, forthe financial year
and the following 2 financial years—
s
2819s 28Local Government
Finance Standard 1994(a)the local
government is able to satisfy its liabilities; and(b)the local government’s capital base is
not being consumed at arate which will adversely affect the
local government’s servicepotential; and(c)sufficient funding is available for the
local government’s plannedasset replacement; and(d)the local government’s planned
borrowing is only for—(i)capital
expenditure; or(ii)short-term working capital; or(iii)a genuine
emergency or hardship; or(iv)establishing a
commercial debt structure for its commercialbusiness unit or
corporatised corporation; and(e)anamountborrowedforshort-termworkingcapitalistoberepaid within the
financial year in which it is borrowed or thefollowing
financial year.(2)In this section—“commercial
business unit”, of a local government, see section
57814ofthe Act.“corporatised corporation”, of
a local government, see section 59215ofthe Act.28Requirements for revenue statementA
local government’s revenue statement for a financial year must
includethe following information for the financial
year—(a)anoutlineandexplanationoftherevenueraisingmeasuresadopted,
including, for example, an outline and explanation of—(i)the rates and charges to be made and
levied in the financialyear; and(ii)therebatesandconcessionstobegrantedinthefinancialyear;14Section 578 (Local government to
establish commercial business unit) of the Act15Section 592 (Definitions for pt 7) of the
Act
s
2920s 31Local Government
Finance Standard 1994(b)whether the local
government has made a resolution limiting theincreases in
rates and charges;(c)the extent to which physicaland
social infrastructure costs fornewdevelopmentaretobefundedbychargesforthedevelopment;(d)whether the operating capability of the
local government is to bemaintained, increased or decreased
and, if it is to be increased ordecreased, the
extent to which it is to be increased or decreased;(e)whether depreciation and other
non-cash expenses are to be fullyfunded.1629Amendment of
budget(1)A local government’s budget must be
amended if it intends to makematerial changes
to the expenses or revenue for a significant function oractivity.(2)If a
local government’s budget is amended after a disbursement ismade
under section 30, the amendment must take the disbursement
intoaccount.30Disbursement because of genuine emergency or
hardship—Act,s 519(4)(1)A
resolution must be made about a disbursement for a purpose of
agenuine emergency or hardship before the
disbursement is made or as soonas practicable
after it is made.(2)The resolution must state how the
disbursement is to be funded.31Financial information to be presented to
budget meeting—Act,s 521(1)A
document presented to a budget meeting under section 521 of
theAct must include the following—(a)the original budget estimates;16Seesections518(Adoptionofbudgetandrevenuestatement)and520A (Requirements and content of
revenue statement) of the Act.
s
3321s 35Local Government
Finance Standard 1994(b)ifanamendedbudgethasbeenadopted—theamendedbudgetestimates;(c)actual or estimated expenses and
revenue;(d)explanations of significant
differences from the original budget(whether an
actual or anticipated difference);(e)anexplanationoftheimpactofthebudgetandactualperformance on
future budgets.(2)The document must be prepared on an
accrual basis.PART 6—ACCOUNTSDivision
1—Accounting records33Systems to support account
keeping(1)Allrevenue,expenses,assets,liabilitiesandequityofalocalgovernment must be
identified, recorded and controlled in its accountingrecords.(2)Withoutlimitingsubsection(1),thelocalgovernmentmusthavesystems in place
to ensure—(a)all revenue is promptly assessed and
collected; and(b)expensesandliabilitiesarenotincurredwithoutappropriateauthority;
and(c)assets are protected from loss.Division 2—Non-current assets35Register of non-current assets(1)A local government must keep a
register of non-current assets.(2)The
register of non-current assets must include all of its
non-currentassets, other than a non-current asset it is
treating as an expense.
s
3622s 36Local Government
Finance Standard 1994(3)The local
government must, by resolution, set an amount (the “setamount”) below which the
value of a non-current asset must be treated asan expense.(4)The set amount must not be more than
$5 000.(5)The set amount may be a different
amount for different assets.(6)Thesetamountmustberecordedinthelocalgovernment’saccountingmanualanddisclosedbywayofnoteinitsannualfinancialstatements.(7)The local government must keep
documents and records supportingthe register of
non-current assets.Division 3—Non-current asset
valuation36Value of non-current assets(1)Non-current assets must be valued by
using the fair value basis.(2)However, a local
government may value a non-current asset by usingthe
cost basis if the asset has—(a)a
useful life from new of not more than 10 years; or(b)a carrying value of not more than $50
000 or, if a lesser amount isdecided by the
local government, the lesser amount.(3)A
local government must keep a record of a valuation made
undersubsection (1) or (2).(4)In
this section—“carrying value”, for an asset,
means—(a)thevalueoftheassetasrecordedinthelocalgovernment’sfinancial
statements for the previous financial year; or(b)if
the asset was purchased in the current financial year—the
costof the asset.“costbasis”meansthecostbasiswithinthemeaningofAccountingStandard AASB
1041.1717Accounting
Standard AASB 1041 (Revaluation of Non-current Assets) issued by
theAustralian Accounting Standard Board. The
Accounting Standard can be accessedon the internet
at www.aasb.com.au.
s
3923s 44Local Government
Finance Standard 1994“fairvaluebasis”meansthefairvaluebasiswithinthemeaningofAccounting Standard AASB 1041.39Certain land and roads do not have a
valueFor a local government’s financial
statements, the following do not havea value—(a)land that is a reserve under
theLand Act 1994and is
controlledby the local government;(b)aroadcontrolledbythelocalgovernment(otherthanaroadowned
by it).PART 7—ANNUAL REPORTDivision 1—Annual
reports generally44Annual report(1)A
local government’s annual report must include—(a)a
summary of its policy about borrowings; and(b)a
community financial report.(2)The community
financial report must be—(a)consistent with,
but not part of, the local government’s financialstatements; and(b)in a
form that is readily understood by the community.(3)However, a local government is not
required to include a communityfinancialreportinitsannualreportforthefinancialyearbeginning1 July
2001.(4)In this section—“community
financial report”means a report containing a summary
andanalysis of the local government’s financial
performance and positionfor the financial year.
s
4524s 46Local Government
Finance Standard 199445Note about
reserves and roads controlled by local governments(1)A local government’s annual report
must include a note about—(a)land that is a
reserve under theLand Act 1994and is
controlledby the local government; and(b)roadscontrolledbythelocalgovernment(otherthanroadsowned by
it).(2)A note about a reserve must state the
area of the reserve controlled bythe local
government, including land that has been leased by it to
someoneelse.(3)A note about
roads must state the total length of roads controlled bythe
local government.Example of a note—The
Council of the Shire of the Tropical State has control of—(a)100 ha of parks (including 10 ha
leased to sporting clubs) on land that is areserve under
theLand Act 1994; and(b)700 km of roads.This land does
not have a value for its financial statements.Division
2—Financial statements in annual report46Annual financial statements—Act, s
532(1)Alocalgovernment’sfinancialstatementsfortheyeararetobegeneralpurposefinancialstatementsandmustcomplywiththefollowing—(a)applicable abstracts of the Urgent Issues
Group;(b)applicable accounting
standards;(c)statements of accounting
concepts.(2)Subsection(1)appliestotheextenttheitemsmentionedinparagraphs (a) to (c) are consistent
with this standard.
s
4725s 53Local Government
Finance Standard 199447Period to which
statements relate(1)Financialstatementsofalocalgovernmentprepareduptoadaywithin 2 weeks before 30 June of a
financial year are taken to be preparedfor the whole of
the financial year.(2)The financial statements must
show—(a)the date to which the statements are
prepared; and(b)in the title of the statements—the
period for which the statementsare
prepared.48Financial statements to include
statement for significantbusiness activities(1)A local government’s financial
statements must include a statementfor each of its
significant business activities.(2)The
statement must—(a)show the revenues for the activity;
and(b)show the expenses for the activity
including any items required tobe taken into
account for full cost pricing, other than return oncapital; and(c)includeadescriptionofthenatureofcommunityserviceobligations provided under the
activity.(3)Thestatementmustdisclose,asrevenues,thefollowingitemsseparately—(a)revenue for goods and services provided to
clients other than thelocal government in carrying on the
activity;(b)revenue for goods and services
provided to the local governmentin carrying on
the activity;(c)the cost of providing the community
service obligations, less anyrevenue arising
from providing them.53Signing of financial statements—Act, s
532(1)Theproposedfinancialstatementsmustbegiventotheauditor-general as
soon as practicable after the close of each financial yearbut,
in any case, no later than 15 September.
s
5426s 57Local Government
Finance Standard 1994(2)The Minister may
extend the time for complying with subsection (1)by
written notice given to the local government.(3)Assoonaspracticableaftertheproposedfinancialstatementsaregiventotheauditor-general,theproposedfinancialstatementsmustbepresented to a meeting of the local
government.54Certificate for proposed financial
statementsThe proposed financial statements must
include a certificate by the chiefexecutiveofficerandmayorofthelocalgovernmentstatingwhetherintheir opinion—(a)the
requirements under the Act for the keeping of accounts havebeen
complied with in all material respects; and(b)thestatementsforthefinancialyear,andsupportingnotes,present the local government’s operating
results, cash flows andfinancial position as required by the
Act.55Certificate for final financial
statementsFinal financial statements, given to the
auditor-general for certification,must include a
fresh certificate by the chief executive officer and mayor
ofthe local government stating whether in their
opinion—(a)the requirements under the Act for the
keeping of accounts havebeen complied with in all material
respects; and(b)thestatementsforthefinancialyear,andsupportingnotes,present the local government’s operating
results, cash flows andfinancial position as required by the
Act.56Differences between proposed and final
financial statementsIf the final financial statements are
different from the proposed financialstatements,theymustbepresentedtothelocalgovernmentwithastatement of any
significant differences.57Unaudited
financial statements(1)Ifthefinancialstatementshavenotbeencertifiedbytheauditor-general, a copy that is given
to the local government or anyone elsemust be clearly
marked ‘UNAUDITED’ on every page.
s
5827s 60Local Government
Finance Standard 1994(2)Subsection (1)
does not apply to a copy of the financial statementsgiven
to the auditor-general.PART 8—FULL COST PRICINGDivision 1—Preliminary58Object of pt 8The object of
this part is to state requirements for full cost pricing forchapter 8, part 5 of the Act.59Application of pt 8Thispartappliestoalocalgovernment’simplementationoffullcostpricing for its
significant business activities under chapter 8, part 5 of
theAct.Division 2—Full cost pricingSubdivision 1—Matters affecting full cost
pricing60Matters affecting full cost
pricingThe matters affecting full cost pricing
are—(a)full cost pricing; and(b)treatment of community service
obligations; and(c)elimination, or taking account, of
advantages and disadvantagesof public
ownership; and(d)financial reporting.
s
6128s 63Local Government
Finance Standard 1994Subdivision 2—Full cost pricing61Application of full cost
pricingIndecidingchargestoclientsforgoodsandservicesprovidedincarrying on an activity, a local
government must ensure the projected totalrevenue from
carrying on the activity is enough to cover the projected
totalcosts of carrying on the activity for the
local government’s financial year.62Different charges for commercial
reasons(1)Achargemaybedecidedfortheprovisionofspecificgoodsorservicesincarryingonanactivitythatis,forcommercialreasons,anappropriate charge for the goods or services
provided.(2)Forsubsection(1),achargeis,forcommercialreasons,anappropriate charge if it is a charge that
could reasonably be charged if thegoods or services
had been provided by an entity carrying on the activitywith
the primary object of making a profit from carrying on the
activity.63Total costs of carrying on
activity(1)For this subdivision, the total costs
of carrying on an activity includethe
following—(a)operational costs incurred in carrying
on the activity;(b)administrative and overhead
costs;(c)cost of resources used in carrying on
the activity;(d)depreciation;(e)equivalentsforCommonwealthorStatetaxesthelocalgovernment is not
liable to pay because it is a local government;(f)equivalents for the cost of funds advantage
the local governmentobtainsovercommercialratesofinterestbecauseofStateguarantees on
borrowings;18(g)return on
capital.18See section 569 (Guarantees by State)
of the Act.
s
6429s 66Local Government
Finance Standard 1994(2)Thetotalcostsmustbeadjustedforotheradvantagesanddisadvantages of public ownership that
are not eliminated.1964Administrative
and overhead costsThelocalgovernmentmustmakeareasonableallocationofitsadministrative and
overhead costs to each activity to which full cost pricingis
applied.65Cost of resources used in carrying on
activity(1)If resources are provided by or to a
local government for carrying onan activity, the
cost of resources used in carrying on the activity includes
anequivalent cost.(2)If
the resources have an identifiable cost, the cost of the
resourcesmay be taken to be the equivalent
cost.(3)Ifsubsection(2)doesnotapplyandtheresourcesarereadilyavailable on the
open market, the price at which they can be obtained in themarket
may be taken to be the equivalent cost.(4)If
subsection (3) is applied, the local government must ensure
theterms on which the cost is based are similar
to the terms on which they aremade available in
carrying on the activity.66Depreciation(1)Depreciationofanassetusedincarryingonanactivitymustbedetermined under the accounting
standards.(2)However, a local government
may—(a)decidenottodeterminethedepreciationofanassetundertheaccounting standards; and(b)adopt, as the depreciation of the
asset, an amount decided by thelocal government
to be appropriate in the circumstances.19See
section 568(2) (Meaning of “full cost pricing”) of the
Act.
s
6730s 68Local Government
Finance Standard 199467Equivalents for
taxes not otherwise liable to be paid(1)If,foranactivity,thelocalgovernmentwouldbeliableforaCommonwealth or State tax if it were
not carried on by a local government,the amount
equivalent to the tax must be included in the total costs of
theactivity.(2)In
working out the equivalent amounts, the local government must,
ifappropriate,applythegeneralprinciplesofthetaxequivalentsmanualissued
under section 58220of the Act that apply to activities
carried on bycommercial business units.(3)Subsection(2)doesnot,ofitself,requirecompliancewithanyprocesses or other requirements under
the manual but the local governmentmustkeepdetailsofcalculationsdoneinworkingouttheequivalentamounts for 7
years.(4)For a tax not dealt with in the
manual, estimates of amounts that aprivatesectorentitycarryingonthebusinesswouldcalculatetobeitsliability to the
tax must be included.68Return on
capital(1)Theamountforthereturnonthecapitalusedincarryingonanactivity must be
decided using the rate at which, in the opinion of the localgovernment,acomparableprivatesectorentitycarryingontheactivitywould be able to
obtain the capital in the market, having regard to the splitthelocalgovernmentconsidersappropriate,forthetypeofbusiness,between equity and
loan capital and the return appropriate to each.(2)Despite subsection (1), the amount for
the return on the capital usedin carrying on an
activity for the first year in which full cost pricing
appliesto the activity may be the amount the local
government decides.(3)In this section—“capital used in
carrying on an activity”means the total value (using anaccepted accountancy method) of the assets
used for the activity lessthe liabilities attributable to the
activity.20Section 582 (Commonwealth and State
tax equivalents) of the Act
s
6931s 72Local Government
Finance Standard 1994Subdivision 3—Treatment of community
service obligations69Extra cost for community service
obligations to be treated asrevenueIf
community service obligations are carried out as part of an
activity, fordeciding charges for goods and services
provided through the activity, theremust be treated as
revenue for the activity an amount equivalent to—(a)the cost of carrying out the
obligations; less(b)any revenue arising from carrying out
the obligations.PART 9—COMMERCIALISATIONDivision
1—Preliminary70Object of pt 9The object of
this part is to state requirements for commercialisation forchapter 8, part 6 of the Act.71Application of pt 9Thispartappliestoalocalgovernment’simplementationofcommercialisationforitssignificantbusinessactivitiesunderchapter8,part 6
of the Act.Division 2—CommercialisationSubdivision 1—Matters affecting
commercialisation72Matters affecting
commercialisationThe matters affecting commercialisation
are—(a)full cost pricing; and
s
7332s 75Local Government
Finance Standard 1994(b)treatment of
community service obligations; and(c)elimination, or taking account, of
advantages and disadvantagesof public
ownership; and(d)matters mentioned in the local
government’s annual performanceplan.Subdivision 2—Full cost pricing73Application of full cost
pricingIndecidingchargestoclientsforgoodsandservicesprovidedincarrying on an activity, a local
government must ensure the projected totalrevenue from
carrying on the activity is enough to cover the projected
totalcosts of carrying on the activity for the
local government’s financial year.74Different charges for commercial
reasons(1)Achargemaybedecidedfortheprovisionofspecificgoodsorservicesincarryingonanactivitythatis,forcommercialreasons,anappropriate charge for the goods or services
provided.(2)Forsubsection(1),achargeis,forcommercialreasons,anappropriate charge if it is a charge that
could reasonably be charged if thegoods or services
had been provided by an entity carrying on the activitywith
the primary object of making a profit from carrying on the
activity.75Total costs of carrying on
activityFor this subdivision, the total costs of
carrying on an activity include thefollowing—(a)operational costs incurred in carrying
on the activity;(b)administrative and overhead
costs;(c)cost of resources used in carrying on
the activity;(d)depreciation;
s
7633s 78Local Government
Finance Standard 1994(e)equivalentsforCommonwealthorStatetaxesthelocalgovernmentisnotliabletopaybecauseitisalocalgovernment;21(f)equivalents for the cost of funds
advantage the local governmentobtainsovercommercialratesofinterestbecauseofStateguarantees on
borrowings;22(g)return on
capital.76Administrative and overhead
costsThelocalgovernmentmustmakeareasonableallocationofitsadministrativeandoverheadcoststoeachactivitytowhichcommercialisation
is applied.77Cost of resources used in carrying on
activity(1)If resources are provided by or to a
local government for carrying onan activity, the
cost of resources used in carrying on the activity includes
anequivalent cost.(2)If
the resources have an identifiable cost, the cost of the
resourcesmay be taken to be the equivalent
cost.(3)Ifsubsection(2)doesnotapplyandtheresourcesarereadilyavailable on the
open market, the price at which they can be obtained in themarket
may be taken to be the equivalent cost.(4)If
subsection (3) is applied, the local government must ensure
theterms on which the cost is based are similar
to the terms on which they aremade available in
carrying on the activity.78Depreciation(1)Depreciationofanassetusedincarryingonanactivitymustbedetermined under the accounting
standards.(2)However, a local government
may—21See section 582 (Commonwealth and
State tax equivalents) of the Act.22See
section 583 (Guarantees by State) of the Act.
s
7934s 80Local Government
Finance Standard 1994(a)decidenottodeterminethedepreciationofanassetundertheaccounting standards; and(b)adopt, as the depreciation of the
asset, an amount decided by thelocal government
to be appropriate in the circumstances.79Return on capital(1)Theamountforthereturnonthecapitalusedincarryingonanactivity must be decided using the rate
at which, in the opinion of the localgovernment,acomparableprivatesectorentitycarryingontheactivitywould be able to
obtain the capital in the market, having regard to the splitthelocalgovernmentconsidersappropriate,forthetypeofbusiness,between equity and
loan capital and the return appropriate to each.(2)Despite subsection (1), the amount for
the return on the capital usedincarryingonanactivityforthefirstyearinwhichcommercialisationapplies to the
activity may be the amount the local government decides.(3)In this section—“capital used in
carrying on an activity”means the total value (using anaccepted accountancy method) of the assets
used for the activity lessthe liabilities attributable to the
activity.Subdivision 3—Treatment of community service
obligations80Extra cost for community service
obligations to be treated asrevenueIf
community service obligations are carried out as part of an
activity, fordeciding charges for goods and services
provided through the activity, theremust be treated as
revenue for the activity an amount equivalent to—(a)the cost of carrying out the
obligations; less(b)any revenue arising from carrying out
the obligations.
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8135s 81Local Government
Finance Standard 1994Subdivision 4—Annual performance
plan81Annual performance plan for each
commercial business unit(1)Theannualperformanceplanforacommercialbusinessunit(a“CBU”) must include
the following matters—(a)the CBU’s
financial and non-financial performance targets for itsactivities;(b)thenatureandextentoftheCBU’scommunityserviceobligations;(c)the
costings of, and funding for, the CBU’s community serviceobligations.(2)A
CBU’s annual performance plan must also include the
followingmatters—(a)the
CBU’s objectives and functions;(b)thenatureandscopeoftheCBU’smainactivitiesandundertakings;(c)the
CBU’s notional capital structure and treatment of surpluses;(d)the CBU’s proposed major
investments;(e)the CBU’s outstanding and proposed
borrowings;(f)the CBU’s policy on the level and
quality of service consumerscan expect from
the CBU;(g)thedelegationsnecessarytoallowtheCBUtoexercisemanagementautonomyandauthorityinitscommercialactivities;(h)the
type of information to be given in reports.(3)However, a CBU is not required to include in
its annual performanceplan a matter, or an aspect of a
matter, mentioned in subsection (2) if theCBU’slocalgovernmentissatisfiedthatthematteroraspectisnotmaterially relevant to the CBU or its
activities.(4)Subsections (1) and (2) do not limit
the matters that may be includedin an annual
performance plan.(5)A matter in the annual performance
plan of a CBU may be omittedfrom the copies of
the plan to be made public if—
s
8236s 83Local Government
Finance Standard 1994(a)the matter is of
a commercially sensitive nature to the CBU; and(b)a
full statement of the matter is given to each councillor of
thelocal government.23PART
10—CODE OF COMPETITIVE CONDUCTDivision
1—Preliminary82Object of pt 10The object of
this part is to prescribe the code of competitive conduct
forchapter 9 of the Act.83Application of codeThis code applies
to an activity of a local government—(a)if it
is a roads business activity—from when it is to apply undersection 76324of
the Act; or(b)ifitisabusinessactivitytowhichthelocalgovernmenthasresolvedtoapplythecode—whiletheresolutioniseffectiveunder section
76625of the Act; or(c)if it
is another activity to which the local government applies
thecode26—inaccordancewiththelocalgovernment’sdecisiontoapply the code.23Under
s 250(2) of the Act, a person who is or has been a local government
councillormust not release information that the person
knows, or should reasonably know, isconfidentialtothelocalgovernmentandthelocalgovernmentwishestokeepconfidential.24Section 763 (Code must be applied to roads
business activities) of the Act25Section 766 (Local government to resolve
whether to apply code of competitiveconduct to
business activities) of the Act26Under
section 767 of the Act, a local government is not prevented from
applying thecode to other activities.
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8437s 87Local Government
Finance Standard 1994Division 2—The codeSubdivision 1—Elements of the code84Elements of the codeThe
elements of the code are—(a)full cost
pricing; and(b)treatment of community service
obligations; and(c)elimination, or taking account, of
advantages and disadvantagesof public
ownership; and(d)financial reporting.Subdivision 2—Full cost pricing85Application of full cost
pricingIndecidingchargestoclientsforgoodsandservicesprovidedincarrying on an activity, a local
government must ensure the projected totalrevenue from
carrying on the activity is enough to cover the projected
totalcosts of carrying on the activity for the
local government’s financial year ora longer period
(not more than 5 years) decided by the local government.86Different charges for commercial
reasons(1)Achargemaybedecidedfortheprovisionofspecificgoodsorservicesincarryingonanactivitythatis,forcommercialreasons,anappropriate charge for the goods or services
provided.(2)Forsubsection(1),achargeis,forcommercialreasons,anappropriate charge if it is a charge that
could reasonably be charged if thegoods or services
had been provided by an entity carrying on the activitywith
the primary object of making a profit from carrying on the
activity.87Total costs of carrying on
activity(1)For this subdivision, the total costs
of carrying on an activity includethe
following—
s
8838s 90Local Government
Finance Standard 1994(a)operational costs
incurred in carrying on the activity;(b)administrative and overhead costs;(c)cost of resources used in carrying on
the activity;(d)depreciation;(e)equivalentsforCommonwealthorStatetaxesthelocalgovernment is not
liable to pay because it is a local government;(f)equivalents for the cost of funds advantage
the local governmentobtainsovercommercialratesofinterestbecauseofStateguarantees on
borrowings;(g)return on capital.(2)Thetotalcostsmustbeadjustedforotheradvantagesanddisadvantages of public ownership that
are not eliminated.88Administrative and overhead
costsThelocalgovernmentmustmakeareasonableallocationofitsadministrativeandoverheadcoststoeachactivitytowhichthecodeapplies.89Cost
of resources used in carrying on activity(1)If
resources are provided by or to a local government for carrying
onan activity, the cost of resources used in
carrying on the activity includes anequivalent
cost.(2)If the resources have an identifiable
cost, the cost of the resourcesmay be taken to be
the equivalent cost.(3)Ifsubsection(2)doesnotapplyandtheresourcesarereadilyavailable on the
open market, the price at which they can be obtained in themarket
may be taken to be the equivalent cost.(4)If
subsection (3) is applied, the local government must ensure
theterms on which the cost is based are similar
to the terms on which they aremade available in
carrying on the activity.90Depreciation(1)Depreciationofanassetusedincarryingonanactivitymustbedetermined under the accounting
standards.
s
9139s 93Local Government
Finance Standard 1994(2)However, a local
government may—(a)decidenottodeterminethedepreciationofanassetundertheaccounting standards; and(b)adopt, as the depreciation of the
asset, an amount decided by thelocal government
to be appropriate in the circumstances.91Equivalents for taxes not otherwise liable
to be paid(1)If,foranactivity,thelocalgovernmentwouldbeliableforaCommonwealth or State tax if it were
not carried on by a local government,the amount
equivalent to the tax must be included in the total costs of
theactivity.(2)In
working out the equivalent amounts, the local government must,
ifappropriate,applythegeneralprinciplesofthetaxequivalentsmanualissued
under section 58227of the Act that apply to activities
carried on bycommercial business units.(3)Subsection(2)doesnot,ofitself,requirecompliancewithanyprocesses or other requirements under
the manual but the local governmentmustkeepdetailsofcalculationsdoneinworkingouttheequivalentamounts for 7
years.(4)For a tax not dealt with in the
manual, estimates of amounts that aprivatesectorentitycarryingonthebusinesswouldcalculatetobeitsliability to the
tax must be included.92Equivalents for
State guarantees on borrowingsIftheStateguaranteesrepaymentofadebtofalocalgovernmentattributedtoanactivity,thelocalgovernmentmustincarryingontheactivity take
account of amounts equivalent to the cost of funds advantagethe
local government obtains over commercial rates of interest because
ofthe guarantee.93Return on capital(1)Theamountforthereturnonthecapitalusedincarryingonanactivity must be decided using the rate
at which, in the opinion of the local27Section 582 (Commonwealth and State tax
equivalents) of the Act
s
9440s 96Local Government
Finance Standard 1994government,acomparableprivatesectorentitycarryingontheactivitywould be able to
obtain the capital in the market, having regard to the splitthelocalgovernmentconsidersappropriateforthetypeofbusinessbetween equity and
loan capital and the return appropriate to each.(2)Despite subsection (1), the amount for
the return on the capital usedin carrying on an
activity for the first year in which the code applies to theactivity may be the amount the local
government decides.(3)In this section—“capital used in
carrying on an activity”means the total value (using anaccepted accounting method) of the assets
used for the activity lessthe liabilities attributable to the
activity.Subdivision 3—Treatment of community service
obligations94Extra cost for community service
obligations to be treated asrevenueIf
community service obligations are carried out as part of an
activity, fordeciding charges for goods and services
provided through the activity, theremust be treated as
revenue for the activity an amount equivalent to—(a)the cost of carrying out the
obligations; less(b)any revenue arising from carrying out
the obligations.95Community service obligations not to
be part of roads businessactivitiesCommunityserviceobligationsmustnotbeincludedinoffersorcompetitivetenderssubmittedforroadsbusinessactivitiescarryingoutwork on State-controlled roads.Subdivision 4—Elimination of, or taking into
account, advantages anddisadvantages of public
ownership96Effect of advantages or disadvantages
of public ownershipThe local government must
ensure—
s
9741s 97Local Government
Finance Standard 1994(a)ifpossibleandappropriate,anyadvantagesordisadvantagesarising because
an activity is publicly owned are eliminated; and(b)if the advantages or disadvantages are
not eliminated—they aretaken into account in deciding full
cost pricing for the activity.Subdivision
5—Financial reporting97Statement in
budget(1)Each budget of a local government must
include a statement about itsactivities to
which the code applies.(2)The statement
must—(a)show the estimated revenues for each
activity; and(b)showtheestimatedexpensesforeachactivityincludinganyitems
required to be taken into account for full cost pricing
otherthan return on capital; and(c)include the estimated surplus or
deficit for the period; and(d)includeadescriptionofthenatureofcommunityserviceobligations to be provided under the
activity.(3)The statement must disclose, as
estimated revenues, the followingitems
separately—(a)estimated revenue for services to be
provided by the activity toclients other than the local
government;(b)estimated revenue for services to be
provided by the activity tothe local government;(c)the estimated cost of, less any
estimated revenue arising from,carrying out
community service obligations provided under theactivity.(4)A
separate statement under this section is not required if—(a)the activity, or the total for all
activities, is a significant activityfor accounting
purposes; and(b)all the required information is shown
in the budget.
s
9842s 99Local Government
Finance Standard 199498Omission of
certain matters from statement in budgetAstatementinabudgetofalocalgovernmentundersection97mayinclude a summary
of a matter required to be included in the budget, ratherthan a
full statement of the matter, if—(a)the
summary indicates—(i)it is a summary only; and(ii)a full statement of the matter is open
to inspection; and(b)a full statement of the matter is open
to inspection.99Statement in annual report(1)A local government must include in the
financial statements in itsannualreportastatementforeachofitsactivitiestowhichthecodeapplies.(2)The
statement must—(a)show the revenues for the activity;
and(b)show the expenses for the activity
including any items required tobe taken into
account for full cost pricing other than return oncapital; and(c)includeadescriptionofthenatureofcommunityserviceobligations provided under the
activity.(3)Thestatementmustdisclose,asrevenues,thefollowingitemsseparately—(a)revenue for goods and services provided to
clients other than thelocal government in carrying on the
activity;(b)revenue for goods and services
provided to the local governmentin carrying on
the activity;(c)thecostof,lessanyrevenuearisingfrom,carryingoutcommunity service obligations provided
under the activity.(4)Subsection(1)doesnotapplytoalocalgovernment’ssignificantbusiness
activities.
s
10043Local Government Finance Standard
1994s 101100Omission of
certain matters from statement in annual reportA statement in an
annual report of a local government under section 99may
include a summary of a matter required to be included in the
annualreport, rather than a full statement of the
matter, if—(a)the summary indicates—(i)it is a summary only; and(ii)a full statement of the matter is open
to inspection; and(b)a full statement of the matter is open
to inspection.PART 11—REFORM OF CERTAIN WATER ANDSEWERAGE SERVICESDivision
1—Preliminary101Object of pt 11Theobjectofthispartistostatetherequirementsforthereformofcertain water and sewerage services under
chapter 10 of the Act for relevantbusinessactivitiesoflocalgovernmentsandtheircorporatisedcorporations.
s
10244Local Government Finance Standard
1994s 103Division 2—Matters to be complied
withSubdivision 1—Matters to be complied with
for relevant businessactivities102Matters to be complied with for relevant
business activitiesIncomplyingwithsection78328oftheActinrelationtoitsrelevantbusinessactivities,alocalgovernmentorcorporatisedcorporation(the“entity”) must comply
with the following matters in this division—(a)if
the local government has resolved that a two-part tariff is to
beapplied for an activity—a two-part
tariff;(b)consumption as the basis for utility
charges for water services;(c)full cost
recovery for water and sewerage services;(d)identification and disclosure of
cross-subsidies between classesof
consumers;(e)identification and disclosure of
community service obligations;(f)disclosure of the classes of consumers
provided with water andsewerage services at an amount below
full cost and the amount.Subdivision 2—Two-part tariffs103Utility charges if two-part tariffs
appliedIf a local government decides under chapter
14, part 4 of the Act to applya two-part tariff
for a relevant business activity that provides water
services,theutilitychargesforwaterservicesmustbebasedonanamountoramounts for units or part of a unit of
the quantity of water supplied, butmay include an
access amount.2928Section783(Localgovernmentstoimplementchargingandoperationalarrangements for
relevant business activities) of the Act29The
basis of this calculation reflects section 106(2)(b) and
(5).
s
10445Local Government Finance Standard
1994s 106Subdivision 3—Consumption as the basis
for utility charges forwater services104Application of sdiv 3This subdivision
applies to the extent that an entity’s relevant businessactivity provides water services.105Consumption as the basis for utility
chargesIndecidingtheutilitychargestobemadeforthesupplyofwaterservices provided
by a relevant business activity, an entity must ensure thecharges are based on the quantity of water
supplied.106When charges are based on quantity of
water supplied(1)A utility charge for water services is
based on the quantity of watersupplied by the
entity if it is worked out on a basis stated in subsection
(2),(3) or (4).(2)If
utility charges are worked out based on meter readings of
waterconsumed, the utility charges for consumers
or groups of consumers mustbe based on either—(a)a
fixed amount and a further amount or further amounts for
eachunit or part of a unit of the quantity of
water supplied greater thana stated unit or units; or(b)an amount or amounts for units or part
of a unit of the quantity ofwater
supplied.(3)The utility charge for consumers in a
group must be based on theestimated average consumption by all
consumers in the group if—(a)utilitychargesarenotbasedonameterreadingofwaterconsumed;
and(b)the consumers are divided by the
entity into groups based on theestimated average
quantity of water expected to be supplied tocustomers in each
group.Example for subsection (3)—A local government could, by sampling
or other ways, work out the average usage ofdomestic
consumers was 300 kl per year and the average of commercial
consumers was2 000 kl per year. The utility charge could
then be based on a notional access charge of
s
10746Local Government Finance Standard
1994s 109say,fordomesticconsumers—$100and,forcommercialconsumers—$600andanotional usage charge of $1 a kl. The
charges would be $400 for domestic consumersand$2
600forcommercialconsumers.Giventheconsiderablevariabilityofconsumption across commercial consumers, it
would be preferable to further dividethem by type and
carry out separate assessments for each. Some of the
commercialusers may be metered and charged on the
basis of actual consumption in which casesubsection (3)
would not apply to them.(4)If a utility
charge for water services is not made under subsection (2)or(3),thechargemustbeworkedoutonabasistheentityconsidersappropriatetodeterminethereasonablylikelyconsumptionbytheconsumer.(5)Subsections (2) to (4) do not prevent a
utility charge for supply ofwater services
including an access amount.Subdivision 4—Full cost
recovery107Application of sdiv 4Thissubdivisiondoesnotapplytoanentitydecidingthechargesforwater
and sewerage services provided to clients in carrying on a
relevantbusiness activity if the entity applies full
cost pricing under part 8 or 9 indeciding the
charges.108Application of full cost
recoveryIndecidingthechargesforwaterandsewerageservicesprovidedtoclients in carrying on a relevant business
activity, an entity must ensure theprojected total
revenue from carrying on the activity is enough to cover theprojected total costs of carrying on the
activity for a financial year.109Total
costs of carrying on relevant business activityFor this
subdivision, the total costs of carrying on a relevant
businessactivity include the following—(a)operational costs incurred in carrying
on the activity;(b)administrative and overhead
costs;(c)cost of resources used in carrying on
the activity;
s
11047Local Government Finance Standard
1994s 113(d)depreciation;(e)return on capital employed.110Administrative and overhead
costsThe entity must make a reasonable allocation
of its administrative andoverhead costs to each relevant
business activity to which full cost recoveryis applied.111Cost of resources used in carrying on
relevant business activity(1)If resources are
provided by or to an entity for carrying on a relevantbusinessactivity,thecostofresourcesusedincarryingontheactivityincludes an
equivalent cost.(2)If the resources have an identifiable
cost, the cost of the resourcesmay be taken to be
the equivalent cost.(3)Ifsubsection(2)doesnotapplyandtheresourcesarereadilyavailable on the
open market, the price at which they can be obtained in themarket
may be taken to be the equivalent cost.(4)If
subsection (3) is applied, the entity must ensure the terms on
whichthe cost is based are similar to the terms on
which they are made availablein carrying on the
activity.112Depreciation(1)Depreciationofanassetusedincarryingonanactivitymustbedetermined under the accounting
standards.(2)However, a local government
may—(a)decidenottodeterminethedepreciationofanassetundertheaccounting standards; and(b)adopt, as the depreciation of the
asset, an amount decided by thelocal government
to be appropriate in the circumstances.113Return on capital(1)Theamountforthereturnonthecapitalusedincarryingonarelevant business activity must be a
positive real rate decided by the entity.
s
11448Local Government Finance Standard
1994s 116(2)In this
section—“capitalusedincarryingonarelevantbusinessactivity”meansthetotal value (using an accepted
accounting method) of the assets usedfor the activity
less the liabilities attributable to the activity.Subdivision 5—Treatment of community service
obligations114Extra cost for community service
obligations to be treated asrevenueIfcommunityserviceobligationsarecarriedoutaspartofarelevantbusinessactivity,fordecidingchargesforgoodsandservicesprovidedthrough the activity, there must be treated
as revenue for the activity anamount equivalent
to—(a)the cost of carrying out the
obligations; less(b)any revenue arising from carrying out
the obligations.Subdivision 6—Identification and disclosure
of cross-subsidies betweenclasses of consumers115Disclosure of cross-subsidies in
annual reportIn its annual report, an entity must state
the amount of cross-subsidiesbetween the
following classes of consumers, for water or sewerage
servicesprovided for the financial year—(a)domestic consumers;(b)commercial consumers;(c)industrial consumers;(d)another class decided by the
entity;(e)other consumers.116Identification and disclosure of
cross-subsidies(1)For deciding the amount to be stated
for section 115, the entity must,to the extent it
is reasonably practicable, comply with the guidelines.
s
11749Local Government Finance Standard
1994s 117(2)In this
section—“guidelines”means the
document called ‘Guidelines for Identification andMeasurementofCross-Subsidies’issuedbytheDepartmentofNatural Resources.30Subdivision 7—Disclosure of community
service obligations117Disclosure of community service
obligationsAn entity must state in its annual
report—(a)communityserviceobligationscarriedoutduringthefinancialyear as part of a
relevant business activity; and(b)thecostof,lessanyrevenuearisingfrom,carryingouttheobligations.30A
copy of the Guidelines for Identification and Measurement of
Cross-Subsidiesmay be inspected at the office of the
Department of Local Government and Planningat 111 George
Street, Brisbane.
51Local Government Finance Standard
19943KeyKey to
abbreviations in list of legislation and annotationsKeyAIAamdamdtchdefdivexpgazhdginslapnotfdo in comorigpparaprecpresprevExplanation=Acts
Interpretation Act 1954=amended=amendment=chapter=definition=division=expires/expired=gazette=heading=inserted=lapsed=notified=order
in council=omitted=original=page=paragraph=preceding=present=previousKey(prev)procprovptpubdR[X]RArelocrenumrep(retro)rvsschsdivSIASIRSLsubunnumExplanation=previously=proclamation=provision=part=published=Reprint No.[X]=Reprints Act 1992=relocated=renumbered=repealed=retrospectively=revised edition=section=schedule=subdivision=Statutory Instruments Act 1992=Statutory Instruments Regulation
2002=subordinate legislation=substituted=unnumbered4Table of reprintsReprints are
issued for both future and past effective dates.For
the most up-to-date tableof reprints, see the reprint with the
latest effective date.Ifareprintnumberincludesaletterofthealphabet,thereprintwasreleasedinunauthorised, electronic form only.TABLE
OF REPRINTSReprintNo.11A1B22A2B2C2DAmendments
includedto 1994 SL No. 481to 1997 SL No.
360to 1998 SL No. 142to 1998 SL No.
276to 1999 SL No. 149to 2001 SL No.
161to 2001 SL No. 253to 2002 SL No.
912Eto 2003 SL No. 402Fto
2003 SL No. 403to 2003 SL No. 40Effective16
December 199424 October 199715 May
19989 October 19981 July
19997 September 20017 December
200126 April 200214 March
20031 July 20031 July
2003Reprint date27 January
199512 November 199714 July
199830 October 199819 July
199910 September 200121 December
20018 May 2002(Column
discontinued)NotesR2F withdrawn,
see R3
52Local Government Finance Standard
19945Tables in earlier reprintsTABLES IN EARLIER REPRINTSName
of tableCorrected minor errorsRenumbered
provisionsReprint No.226List of
legislationLocal Government Finance Standard 1994 SL No.
217made by the Governor in Council on 22 June
1994notfd gaz 24 June 1994 pp 1058–61commenced on date of notificationexp 1
September 2004 (see SIA s 54)amending
legislation—Local Government Finance Amendment Standard
(No. 1) 1994 SL No. 481notfd gaz 16 December 1994 pp
1792–7commenced on date of notificationLocal
Government Finance Amendment Standard (No. 1) 1996 SL No. 20notfd
gaz 2 February 1996 pp 488–90commenced on date
of notificationLocal Government Finance Amendment Standard
(No. 1) 1997 SL No. 79notfd gaz 27 March 1997 pp
1333–6commenced on date of notificationLocal
Government Finance Amendment Standard (No. 2) 1997 SL No.
360notfd gaz 24 October 1997 pp 786–8commenced 24 October 1997 (see s 2 and 1997
SL No. 358)Local Government Finance Amendment Standard
(No. 1) 1998 SL No. 142notfd gaz 15 May 1998 pp 311–16commenced on date of notificationLocal
Government Finance Amendment Standard (No. 2) 1998 SL No.
276notfd gaz 9 October 1998 pp 489–91s 17
commenced 1 July 1997 (see s 2)remaining
provisions commenced on date of notificationLocal Government
Finance Amendment Standard (No. 1) 1999 SL No. 114notfd
gaz 18 June 1999 pp 791–2ss 1–2 commenced on date of
notificationremaining provisions commenced 30 June 1999
(see s 2)
53Local Government Finance Standard
1994Local Government Finance Amendment Standard
(No. 2) 1999 SL No. 149notfd gaz 25 June 1999 pp 932–8ss
1–2 commenced on date of notificationremaining
provisions commenced 1 July 1999 (see s 2(1) and proc pubd Cwlth
ofAustralia gaz 29 June 1999, No. S283)Local
Government Finance Amendment Standard (No. 1) 2001 SL No.
161notfd gaz 7 September 2001 pp 62–3commenced on date of notificationLocal
Government Finance Amendment Standard (No. 2) 2001 SL No.
253notfd gaz 7 December 2001 pp 1270–1commenced on date of notificationLocal
Government Finance Amendment Standard (No. 1) 2002 SL No. 91notfd
gaz 26 April 2002 pp 1540–3commenced on date of
notificationLocal Government Finance Amendment Standard
(No. 1) 2003 SL No. 40notfd gaz 14 March 2003 pp
979–80ss 1–2 commenced on date of
notificationpt 3 commenced 1 July 2003 (see s 2)remaining provisions commenced on date of
notification7List of annotationsThis
reprint has been renumbered—see table of renumbered provisions in
endnote 8.Definitionss 2def“AAS”om 2002 SL No. 91
s 3(1)def“abstracts of the Urgent Issues
Group”ins 2002 SL No. 91 s 3(2)def“accounting standards”ins
2002 SL No. 91 s 3(2)def“Australian
Accounting Standards”om 2002 SL No. 91 s 3(1)def“bank account”amd 1999 SL No.
149 s 4(1)def“commercialisation”ins
1998 SL No. 142 s 3def“Commonwealth tax”ins 1997 SL No.
360 s 4def“community service obligations”ins
1997 SL No. 360 s 4def“entity”ins 1997 SL No.
360 s 4def“foreign society”om 1999 SL No.
149(2)def“full cost pricing”ins
1997 SL No. 360 s 4def“LGA arrangement”ins 1994 SL No.
481 s 3(1)amd 2001 SL No. 253 s 3(1)def“original budget”ins 1997 SL No.
79 s 3def“preferred supplier
arrangement”sub 1994 SL No. 481 s 3def“relevant business activity”ins
1997 SL No. 360 s 4amd 2001 SL No. 253 of 2001 s 3(2)def“roads business activity”ins
1997 SL No. 360 s 4def“SAC”om 2002 SL No. 91
s 3(1)def“SAP”om 2002 SL No. 91
s 3(1)def“standing offer arrangement”sub
1994 SL No. 481 s 3
54Local Government Finance Standard
1994def“statements of accounting
concepts”sub 2002 SL No. 91 s 3(1)–(2)def“Statements of Accounting
Practice”om 2002 SL No. 91 s 3(1)def“State tax”ins 1997 SL No.
360 s 4def“tax”ins 1997 SL No.
360 s 4Policies to be developed by each local
governments 3amd 1999 SL No. 114 s 4; 2003 SL No.
40 s 4Revenue policyprov hdgprev
prov hdg sub 2003 SL No. 40 s 5(1)pres prov hdg amd
2003 SL No. 40 10(1)s 8prev s 8 amd 2003 SL No. 40 ss 4,
5(2)om 2003 SL No. 40 s 9pres s 8 (prev s
8A) ins 2003 SL No. 40 s 6amd 2003 SL No. 40 s 10(2)renum
2003 SL No. 40 s 10(3)Division 4—Contracts and
tenderingdiv hdgsub 1994 SL No.
481 s 4Exemptions to requirement to seek tenders or
quotations—Act, s 486(1)(e)s 11sub 1994 SL No.
481 s 4Preconditions for establishing a standing
offer or preferred supplier arrangements 12sub
1994 SL No. 481 s 4Preconditions for establishing a register of
pre-qualified supplierss 13sub 1994 SL No.
481 s 4Procedure for establishing purchasing
arrangementss 14sub 1994 SL No. 481 s 4Division 5—Notional GSTdiv hdgins
2001 SL No. 161 s 3Certificate about payment of notional
GSTs 14Ains 2001 SL No. 161 s 3Requirements of corporate plan—Act, s
507s 15orig s 15 om 1994 SL No. 481 s
4Assessment of local and regional
issuess 16amd 2001 SL No. 253 s 4PART
5—BUDGET AND REVENUE STATEMENTpt hdgamd
2003 SL No. 40 s 7Requirements of budget—Act, s 519s
27sub 1997 SL No. 79 s 4; 2002 SL No. 91 s
4Requirements for revenue statements
28prev s 28 sub 1997 SL No. 79 s 4om
2002 SL No. 91 s 5pres s 28 ins 2003 SL No. 40 s 8Amendment of budgets 29amd
1999 SL No. 114 s 5
55Local Government Finance Standard
1994Disbursement because of genuine emergency or
hardship—Act, s 519(4)s 30orig s 30 om 1997
SL No. 79 s 4Financial information to be presented to
budget meeting—Act, s 521s 31amd 1999 SL No.
114 s 6Accounting recordss 32amd
1996 SL No. 20 s 3; 1998 SL No. 276 s 4om 2002 SL No. 91
s 5Statements of account to be presented to
local government—Act, s 528s 34amd 1999 SL No.
114 s 7om 2002 SL No. 91 s 5Value of
non-current assetss 36amd 1998 SL No. 276 s 5sub
2002 SL No. 91 s 6What is the current value of a non-current
asset?s 37amd 1998 SL No. 276 s 6om
2002 SL No. 91 s 5Details about non-current assetss
38ins 1998 SL No. 276 s 7om 2002 SL No. 91
s 5Certain land and roads do not have a
values 39sub 1998 SL No. 276 s 7Revaluation of non-current assetss
40sub 1997 SL No. 79 s 5om 2002 SL No. 91
s 5Decision that s 36 or s 40 does not
applys 41sub 1997 SL No. 79 s 5om
2002 SL No. 91 s 5PART 6—ACCOUNTSpt hdgom
1999 SL No. 114 s 8Division 4—Non-current liability
valuationdiv hdgom 1999 SL No.
114 s 8Documents about revaluations and
adjustmentss 42om 2002 SL No. 91 s 5Non-current liabilitiess 43om
1999 SL No. 114 s 8Annual reports 44sub
2002 SL No. 91 s 7Note about reserves and roads controlled by
local governmentss 45ins 1998 SL No. 276 s 8Annual
financial statements—Act, s 532s 46amd
2002 SL No. 91 s 8
56Local Government Finance Standard
1994Financial statements to include statement for
significant business activitiess 48amd
1998 SL No. 276 s 9sub 2002 SL No. 91 s 9Appropriation
statements 49om 2002 SL No. 91 s 5Capital funding statements 50om
2002 SL No. 91 s 5Operating capabilitys 51om
2002 SL No. 91 s 5Statement of original budget compared with
actual resultss 52sub 1997 SL No. 79 s 6om
2002 SL No. 91 s 5Signing of financial statements—Act, s
532s 53amd 1998 SL No. 276 s 10Certificate for proposed financial
statementss 54sub 1998 SL No. 276 s 11amd
2002 SL No. 91 s 10Certificate for final financial
statementss 55ins 1998 SL No. 276 s 11amd
2002 SL No. 91 s 10Unaudited financial statementss
57prev s 57 exp 1 January 1995 (see s
57(3))pres s 57 amd 1998 SL No. 276 s 12PART
8—FULL COST PRICINGpt hdgins 1997 SL No.
360 s 7Division 1—Preliminarydiv hdgins
1997 SL No. 360 s 7Object of pt 8s 58prev
s 58 exp 1 January 1995 (see s 58(3))pres s 58 ins
1997 SL No. 360 s 7Application of pt 8s 59prev
s 59 exp 1 July 1995 (see s 59(2))pres s 59 ins
1997 SL No. 360 s 7amd 1999 SL No. 114 s 9Division 2—Full
cost pricingdiv hdgins 1997 SL No.
360 s 7Subdivision 1—Matters affecting full cost
pricingsdiv hdgins 1997 SL No.
360 s 7Matters affecting full cost pricings
60prev s 60 exp 1 July 1997 (see s
60(2))pres s 60 ins 1997 SL No. 360 s
7
57Local Government Finance Standard
1994Subdivision 2—Full cost pricingsdiv
hdgins 1997 SL No. 360 s 7Application of
full cost pricings 61prev s 61 exp 1 July 1997 (see s
61(2))pres s 61 ins 1997 SL No. 360 s 7Different charges for commercial
reasonss 62prev s 62 exp 1 January 1997 (see s
62(3))pres s 62 ins 1997 SL No. 360 s 7Total
costs of carrying on activitys 63prev
s 63 exp 1 January 1995 (see s 63(2))pres s 63 ins
1997 SL No. 360 s 7Administrative and overhead costss
64prev s 64(3)–(4) exp 1 July 1994 (see s
64(4))remainder exp 1 July 1997 (see s
64(5))pres s 64 ins 1997 SL No. 360 s 7Cost
of resources used in carrying on activitys 65prev
s 65 exp 1 January 1995 (see s 65(3))pres s 65 ins
1997 SL No. 360 s 7Depreciations 66ins
1997 SL No. 360 s 7sub 1998 SL No. 142 s 4amd 2002 SL No.
91 s 11Equivalents for taxes not otherwise liable to
be paids 67ins 1997 SL No. 360 s 7Return
on capitals 68ins 1997 SL No. 360 s 7Subdivision 3—Treatment of community service
obligationssdiv hdgins 1997 SL No.
360 s 7Extra cost for community service obligations
to be treated as revenues 69ins 1997 SL No.
360 s 7PART 9—COMMERCIALISATIONpt hdgins
1998 SL No. 142 s 5Division 1—Preliminarydiv 1 (ss
70–71)ins 1998 SL No. 142 s 5Division
2—Commercialisationdiv hdgins 1998 SL No.
142 s 5Subdivision 1—Matters affecting
commercialisationsdiv 1 (s 72)ins 1998 SL No.
142 s 5Subdivision 2—Full cost pricingsdiv
hdgins 1998 SL No. 142 s 5
58Local Government Finance Standard
1994Application of full cost pricings
73ins 1998 SL No. 142 s 5Different charges
for commercial reasonss 74ins 1998 SL No.
142 s 5Total costs of carrying on activitys
75ins 1998 SL No. 142 s 5Administrative and
overhead costss 76ins 1998 SL No. 142 s 5Cost
of resources used in carrying on activitys 77ins
1998 SL No. 142 s 5Depreciations 78ins
1998 SL No. 142 s 5amd 2002 SL No. 91 s 11Return on
capitals 79ins 1998 SL No. 142 s 5Subdivision 3—Treatment of community service
obligationssdiv 3 (s 80)ins 1998 SL No.
142 s 5Subdivision 4—Annual performance plansdiv 4
(s 81)ins 1998 SL No. 142 s 5PART 10—CODE OF
COMPETITIVE CONDUCTpt hdgins 1997 SL No.
360 s 7Division 1—Preliminarydiv 1 (ss
82–83)ins 1997 SL No. 360 s 7Division 2—The
codediv hdgins 1997 SL No.
360 s 7Subdivision 1—Elements of the codesdiv 1
(s 84)ins 1997 SL No. 360 s 7Subdivision 2—Full
cost pricingsdiv hdgins 1997 SL No.
360 s 7Application of full cost pricings
85ins 1997 SL No. 360 s 7Different charges
for commercial reasonss 86ins 1997 SL No.
360 s 7Total costs of carrying on activitys
87ins 1997 SL No. 360 s 7Administrative and
overhead costss 88ins 1997 SL No. 360 s 7Cost
of resources used in carrying on activitys 89ins
1997 SL No. 360 s 7
59Local Government Finance Standard
1994Depreciations 90ins
1997 SL No. 360 s 7sub 1998 SL No. 142 s 6amd 2002 SL No.
91 s 11Equivalents for taxes not otherwise liable to
be paids 91ins 1997 SL No. 360 s 7Equivalents for State guarantees on
borrowingss 92ins 1997 SL No. 360 s 7Return
on capitals 93ins 1997 SL No. 360 s 7Subdivision 3—Treatment of community service
obligationssdiv 3 (ss 94–95)ins 1997 SL No.
360 s 7Subdivision 4—Elimination of, or taking into
account, advantages and disadvantagesof public
ownershipsdiv 4 (s 96)ins 1997 SL No.
360 s 7Subdivision 5—Financial reportingsdiv
hdgins 1997 SL No. 360 s 7Statement in
budgets 97ins 1997 SL No. 360 s 7Omission of certain matters from statement in
budgets 98ins 1997 SL No. 360 s 7Statement in annual reports
99ins 1997 SL No. 360 s 7amd 2002 SL No.
91 s 12Omission of certain matters from statement in
annual reports 100ins 1997 SL No. 360 s 7PART
11—REFORM OF CERTAIN WATER AND SEWERAGE SERVICESpt
hdgins 1997 SL No. 360 s 7Division
1—Preliminarydiv 1 (s 101)ins 1997 SL No.
360 s 7Division 2—Matters to be complied withdiv
hdgins 1997 SL No. 360 s 7Subdivision
1—Matters to be complied with for relevant business
activitiessdiv 1 (s 102)ins 1997 SL No.
360 s 7Subdivision 2—Two-part tariffssdiv 2
(s 103)ins 1998 SL No. 276 s 13Subdivision
3—Consumption as the basis for utility charges for water
servicessdiv hdgins 1997 SL No.
360 s 7Application of sdiv 3s 104ins
1997 SL No. 360 s 7
60Local Government Finance Standard
1994Consumption as the basis for utility
chargess 105prev s 105 (prev s 65) ins 1997 SL No.
79 s 8renum 1997 SL No. 360 s 6sub
1998 SL No. 276 s 18om R2 (see RA s 37)pres s 105 ins
1997 SL No. 360 s 7When charges are based on quantity of water
supplieds 106ins 1997 SL No. 360 s 7Subdivision 4—Full cost recoverysdiv
hdgins 1997 SL No. 360 s 7Application of
sdiv 4s 107ins 1997 SL No. 360 s 7amd
1998 SL No. 276 s 14Application of full cost recoverys
108ins 1997 SL No. 360 s 7Total costs of
carrying on relevant business activitys 109ins
1997 SL No. 360 s 7Administrative and overhead costss
110ins 1997 SL No. 360 s 7Cost of resources
used in carrying on relevant business activitys 111ins
1997 SL No. 360 s 7Depreciations 112ins
1997 SL No. 360 s 7sub 1998 SL No. 142 s 7amd 2002 SL No.
91 s 11Return on capitals 113ins
1997 SL No. 360 s 7Subdivision 5—Treatment of community service
obligationssdiv 5 (s 114)ins 1997 SL No.
360 s 7Subdivision 6—Identification and disclosure
of cross-subsidies between classes ofconsumerssdiv 6
(s 115)ins 1997 SL No. 360 s 7Identification and
disclosure of cross-subsidiess 116ins
1998 SL No. 276 s 15Subdivision 7—Disclosure of community service
obligationssdiv 7 (s 117)ins 1997 SL No.
360 s 7Division 3—Two-part tariffsdiv
hdgins 1997 SL No. 360 s 7om 1998 SL No.
276 s 16PART 12—TRANSITIONALpt hdg(prev
pt 8 hdg) renum 1997 SL No. 360 s 5om 2001 SL No.
253 s 5