City of Brisbane Act 2010An Act to provide a system of local government in the City of BrisbaneLong title amd 2010 No. 23 s 352 sch 1Chapter 1Preliminary1Short titleThis Act may be cited as the City of Brisbane Act 2010.2Commencement(1)This Act, other than the following, commences on 1 July 2010—(a)section 344;(b)schedule 1, amendments of this Act.
(2)Schedule 1, amendments of this Act, commences on 2 July 2010.3Purpose of this Act(1)The purpose of this Act is to provide for—(a)the way in which the Brisbane City Council is constituted and the unique nature and extent of its responsibilities and powers; and(b)a system of local government in Brisbane that is accountable, effective, efficient and sustainable.
(2)Compared to other local governments in Queensland, the council is unique in its nature and the extent of its responsibilities and powers for the following reasons—(a)Brisbane is the capital city of Queensland;(b)the council is the largest provider of local government services in Queensland;(c)there are 26 councillors (other than the mayor) who each represent the interests of the residents of a ward;(d)the mayor has unique responsibilities as the mayor of a capital city;(e)the council has an Establishment and Coordination Committee that coordinates its business;(f)the chairperson of the council presides at all of its meetings and is responsible for ensuring its rules of procedure are observed and enforced.
4Local government principles underpin this Act(1)To ensure the system of local government in Brisbane is accountable, effective, efficient and sustainable, Parliament requires—(a)anyone who is performing a responsibility under this Act to do so in accordance with the local government principles; and(b)any action that is taken under this Act to be taken in a way that—(i)is consistent with the local government principles; and(ii)provides results that are consistent with the local government principles, in as far as the results are within the control of the person who is taking the action.
(2)The local government principles are—(a)transparent and effective processes, and decision-making in the public interest; and(b)sustainable development and management of assets and infrastructure, and delivery of effective services; and(c)democratic representation, social inclusion and meaningful community engagement; and(d)good governance of, and by, local government; and(e)ethical and legal behaviour of councillors and council employees.
5Relationship with Local Government Act(1)Although the Brisbane City Council is a local government, this Act, rather than the Local Government Act, provides for—(a)the way in which the Brisbane City Council is constituted and the nature and extent of its responsibilities and powers; and(b)a system of local government in Brisbane.
(2)Generally, the Local Government Act does not apply to the Brisbane City Council or its councillors, employees, agents or contractors.(3)However, particular provisions of the Local Government Act apply, or may apply, to the Brisbane City Council as a local government.Examples—1The Local Government Act, chapter 7, part 2 applies to the council as a local government for the purpose of superannuation for certain persons who are connected to the council.2The Local Government Act, chapter 2A would apply to the council if the council were a component local government for a joint local government.
s 5 amd 2012 No. 33 s 46DefinitionsThe dictionary in schedule 2 defines particular words used in this Act.s 6 amd 2010 No. 23 s 352 sch 1; 2013 No. 60 s 33 sch 1; 2018 No. 9 s 3AChapter 2Brisbane City CouncilPart 1City of Brisbane7City of Brisbane(1)The area of Brisbane continues to be a city under the name ‘City of Brisbane’.(2)The boundaries of Brisbane are the boundaries of the city immediately before 1 July 2010 and as subsequently varied under this Act.(3)Brisbane is the capital city of Queensland.(4)A regulation may describe the boundaries of Brisbane.Part 2Council constitution, responsibilities and powers8What this part is aboutThis part explains—(a)what the Brisbane City Council is; and(b)who constitutes the council; and(c)the responsibilities and powers of the council, its councillors and its employees.
9The Brisbane City Council’s responsibility for BrisbaneThe Brisbane City Council (the council) is the elected body that is responsible for the good rule and local government of Brisbane.10Brisbane City Council is a body corporateThe council—(a)is a body corporate with perpetual succession; and(b)has a common seal; and(c)may sue and be sued, and otherwise exercise its powers, under the name ‘Brisbane City Council’.
11Powers of council generally(1)The council has the power to do anything that is necessary or convenient for the good rule and local government of Brisbane.Note—Also, see section 242 for more information about powers.(2)However, the council can only do something that the State can validly do.(3)When exercising a power, the council may take account of Aboriginal tradition and Island custom.(4)The council may exercise its powers—(a)inside Brisbane; or(b)outside Brisbane (including outside Queensland)—(i)with the written approval of the Minister; or(ii)as provided under section 12(5).
(5)When the council is exercising a power in a place that is outside Brisbane, the council has the same jurisdiction in the place as if the place were inside Brisbane.(6)Subsections (7) and (8) apply if the council is a component local government for a joint local government.(7)Despite subsection (1), the council may not, within the joint local government’s area, exercise a power for which the joint local government has jurisdiction.(8)However, the council may exercise the power as a delegate of the joint local government.s 11 amd 2012 No. 33 s 512Power includes power to conduct joint government activities(1)The council may exercise its powers by cooperating with 1 or more other local, State or Commonwealth government to conduct a joint government activity.(2)A joint government activity includes providing a service, or operating a facility, that involves the other governments.(3)The cooperation with another government may take any form, including for example—(a)entering into an agreement; or(b)creating a joint local government entity, or joint government entity, to oversee the joint government activity; or(c)being a component local government for a joint local government.Note—For the establishment of joint local governments, see the Local Government Act, chapter 2A.
(4)A joint government activity may be set up for more than 1 purpose.Example—Three local governments may create a joint local government entity to manage an aerodrome that services each of their local government areas, and may also enter into an agreement to sell water in bulk to one of the local governments.(5)The council may exercise a power in another government’s area for the purposes of a joint government activity, in the way agreed by the governments.(6)However, if the power is to be exercised under a local law, the local law must expressly state that it applies to the other government’s area.Note—See section 30 for more information about making local laws.s 12 amd 2012 No. 33 s 613Who the council is constituted by(1)Usually, the council is constituted by the mayor and 26 other councillors who are elected or appointed to the council under this Act or the Local Government Electoral Act 2011.(2)However, if there are no councillors for any reason, the council is constituted by its chief executive officer.s 13 amd 2011 No. 27 s 24414Responsibilities of councillors(1)A councillor must represent the current and future interests of the residents of Brisbane.(2)All councillors have the same responsibilities, but the mayor has some extra responsibilities.(3)All councillors have the following responsibilities—(a)ensuring the council—(i)discharges its responsibilities under this Act; and(ii)achieves its corporate plan; and(iii)complies with all laws that apply to the council;
(b)providing high quality leadership to the council and the community;(c)participating, for the benefit of Brisbane, in—(i)meetings of the council; and(ii)policy development and decision-making about matters being considered at a meeting of the council;
(d)being accountable to the community for the council’s performance.
(4)The mayor has the following extra responsibilities—(a)implementing the policies adopted by the council;(b)developing and implementing policies, other than policies that conflict with policies adopted by the council;(c)leading and controlling the business of the council;(d)preparing a budget to present to the council;(e)leading, managing, and providing strategic direction to the chief executive officer in order to achieve high quality administration of the council;(f)ensuring that the council promptly provides the Minister with the information about Brisbane, or the council, that is requested by the Minister;(g)arranging representation of the council at ceremonial or civic functions;(h)directing the chief executive officer and senior contract employees of the council.
(5)When performing a responsibility, a councillor must serve the overall public interest of the whole of Brisbane.s 14 amd 2012 No. 33 s 7; 2013 No. 60 s 33 sch 115Responsibilities of council employees(1)All employees of the council have the following responsibilities—(a)implementing the policies and priorities of the council in a way that promotes—(i)the effective, efficient and economical management of public resources; and(ii)excellence in service delivery; and(iii)continual improvement;
(b)carrying out their duties in a way that ensures the council—(i)discharges its responsibilities under this Act; and(ii)complies with all laws that apply to the council; and(iii)achieves its corporate plan;
(c)providing sound and impartial advice to the council;(d)carrying out their duties impartially and with integrity;(e)ensuring their personal conduct does not reflect adversely on the reputation of the council;(f)improving all aspects of their work performance;(g)observing all laws relating to their employment;(h)observing the ethics principles under the Public Sector Ethics Act 1994, section 4;(i)complying with a code of conduct under the Public Sector Ethics Act 1994.
(2)The chief executive officer has the following extra responsibilities—(a)managing the council in a way that promotes—(i)the effective, efficient and economical management of public resources; and(ii)excellence in service delivery; and(iii)continual improvement;
(b)managing the other council employees through management practices that—(i)promote equal employment opportunities; and(ii)are responsive to the council’s policies and priorities;
(c)establishing and implementing goals and practices in accordance with the policies and priorities of the council;(d)establishing and implementing practices about access and equity to ensure members of the community have access to—(i)council programs; and(ii)appropriate avenues for reviewing council decisions;
(e)the safe custody of—(i)all records about the proceedings, accounts or transactions of the council or its committees; and(ii)all documents owned or held by the council;
(f)complying with particular requests under section 171 from councillors.
s 15 amd 2013 No. 60 s 33 sch 1Part 3Wards of Brisbane16What this part is aboutThis part is about the number of electors that are to be in each ward of Brisbane to ensure democratic representation.17Wards of Brisbane(1)Brisbane is divided into 26 areas called wards.(2)A regulation may describe the boundaries of any ward of Brisbane.(3)Each ward of Brisbane must have a reasonable proportion of electors.(4)A reasonable proportion of electors is the number of electors that is worked out by dividing the total number of electors in Brisbane (as nearly as can be found out) by the number of councillors (other than the mayor), plus or minus 10%.Example—If the total number of electors in Brisbane is 1,500,000, and the number of councillors (other than the mayor) is 5, the reasonable proportion of electors is 300,000 (i.e. 1,500,000 divided by 5) plus or minus 10%, i.e. between 270,000 and 330,000 electors.(5)When changing the wards of Brisbane, the reasonable proportion of electors must be worked out as near as practicable to the time when the change is to happen.18Review of wards of BrisbaneThe council must, no later than 1 October in the year that is 2 years before the year of the quadrennial elections—(a)review whether each of the wards of Brisbane has a reasonable proportion of electors; and(b)give the electoral commissioner and the Minister written notice of the results of the review.
Part 4Changing Brisbane area or representationDivision 1Introduction19What this part is about(1)This part is about making a boundary change.(2)A boundary change is a change of the boundaries of Brisbane or any ward of Brisbane.(3)In summary, the process for making a boundary change is as follows—•assessment—the change commission assesses whether a proposed boundary change is in the public interest•implementation—the Governor in Council implements the boundary change under a regulation.
(4)The change commission, which conducts the assessment phase of the process, is an independent body created under the Local Government Act.Division 2The process for change20Who may start the change processFor a boundary change—(a)the council; or(b)the Minister; or(c)the electoral commission;
may apply to the change commission to assess whether the change should be made.21Assessment(1)The change commission is responsible for assessing whether a proposed boundary change is in the public interest.(2)In doing so, the change commission must consider—(a)whether the proposed boundary change is consistent with a local government related law; and(b)the views of the Minister about the proposed boundary change; and(c)any other matters prescribed under a regulation.
(3)The change commission may conduct its assessment in any way that it considers appropriate, including, for example, by—(a)asking for submissions from any local government that would be affected by the proposed boundary change; or(b)holding a public hearing (in the way set out in chapter 7, part 1) to ask the public for its views about the proposed boundary change.
(4)However, the Minister may direct the change commission in writing to conduct its assessment of the proposed boundary change in a particular way.(5)Despite subsection (3), the change commission must comply with the Minister’s direction.(6)The change commission must let the public know the results of its assessment and the reasons for the results, by publishing notice of the results—(a)in a newspaper that is circulating generally in Brisbane; and(b)in the gazette; and(c)on the electoral commission’s website.
(7)The change commission must also give the results of its assessment to the Minister.(8)The change commission may recommend that the Governor in Council implement the change commission’s assessment.s 21 amd 2011 No. 8 s 722Implementation(1)The Governor in Council may implement the change commission’s recommendation under a regulation.(2)The regulation may provide for anything that is necessary or convenient to facilitate the implementation of the boundary change.(3)For example, the regulation may provide for—(a)holding or postponing a council election; or(b)the transfer of assets and liabilities between the council and another local government.
(4)The council is not liable to pay a State tax in relation to a transfer or other arrangement made to implement a boundary change.(5)A State tax is a tax, charge, fee or levy imposed under an Act, other than a duty under the Duties Act 2001.23Decisions under this division are not subject to appealA decision of the change commission under this division is not subject to appeal.Note—See section 226 for more information.Chapter 3The business of the councilPart 1Statutory committees and council meetingsDivision 1Statutory committees of the council24Establishment and Coordination Committee(1)The standing committee of the council called the Establishment and Coordination Committee is continued as a statutory committee of the council.(2)The committee coordinates the business of the council.(3)The committee consists of the mayor and all committee chairpersons of the standing committees of the council.(4)Only a councillor may be a member of the committee.(5)The mayor is the chairperson of the committee.(6)The committee is collectively responsible to the council.Note—Under the Right to Information Act 2009 (the RTI Act), schedule 3, section 4A, particular information relating to the committee is exempt information. Accordingly, access to that information may be refused—see section 47(3)(a) of the RTI Act. However, despite the council being able, under that section, to refuse access, the council may decide to give access—see section 48(3) of the RTI Act.Division 2Meetings of the council or its committees25Chairperson of the council(1)The council must, by resolution, appoint a chairperson of the council from its councillors (other than the mayor or deputy mayor) at the first meeting after the office of the chairperson becomes vacant.(2)The chairperson of the council presides at all meetings of the council and is responsible for ensuring its rules of procedure are observed and enforced.Note—The chairperson of the council also has powers under section 186A in relation to inappropriate conduct by councillors in meetings of the council.(3)However, the chairperson of the council does not preside at meetings of committees of the council.Note—A committee chairperson presides at meetings of a committee of the council.s 25 amd 2012 No. 33 s 826Mayor as member of standing committees of the council(1)The mayor is a member of all standing committees of the council.(2)The mayor may, at the mayor’s discretion, attend, participate in or vote at any meeting of a standing committee of the council.Part 2Local lawsDivision 1Introduction27What this part is about(1)This part is about local laws.(2)A local law is a law made by the council.(3)Unless there is a contrary intention, a reference in this Act to a local law includes a reference to—(a)an interim local law; and(b)a subordinate local law; and(c)a local law that incorporates a model local law.
(4)An interim local law is a local law that has effect for 6 months or less.(5)A subordinate local law is a local law that—(a)is made under a power contained in a local law; and(b)provides for the detailed implementation of the broader principles contained in the local law.
(6)A subordinate local law is called that because it is subordinate to the local law under which it is made, so that if there is any inconsistency between the subordinate local law and the local law, the local law prevails to the extent of the inconsistency.(7)A model local law is a local law approved by the Minister under the Local Government Act, section 26(7), as being suitable for incorporation by all local governments into their local laws.s 27 amd 2012 No. 33 s 928Interaction with State lawsIf there is any inconsistency between a local law and a law made by the State, the law made by the State prevails to the extent of the inconsistency.Division 2Making, recording and reviewing local laws29Power to make a local law(1)The council may make and enforce any local law that is necessary or convenient for the good rule and local government of Brisbane.(2)However, the council must not make a local law—(a)that sets a penalty of more than 850 penalty units for each conviction of failing to comply with a local law, including each conviction when there is more than 1 conviction for a continuing offence or repeat offence; or(b)that purports to stop a local law being amended or repealed in the future; or(c)about a subject that is prohibited under division 3.
30Local law making process(1)The council may decide its own process for making a local law to the extent that the process is not inconsistent with this part.(2)The council makes a local law by passing a resolution to make the local law.(3)If the council proposes to make a local law about a matter (the new local law) and there is an existing local law about the same matter that would be inconsistent with the new local law, the council must amend or repeal the existing local law so that there is no inconsistency.Note—The new local law may include the amendment or repeal of the inconsistent law in the same instrument.(4)An interim local law must include a provision stating when the law expires.(5)The council must ensure its local laws are drafted in compliance with the guidelines issued by the Parliamentary Counsel under the Legislative Standards Act 1992, section 9 for local laws and subordinate local laws.(6)To remove any doubt, it is declared that the council does not have to carry out any public consultation before making either of the following—(a)an interim local law;(b)a local law that only incorporates a model local law and does not contain an anti-competitive provision.
s 30 sub 2012 No. 33 s 1031State interest check(1)This section applies if the council proposes to make a local law other than the following—(a)a local law that incorporates a model local law;(b)a subordinate local law.
(2)However, this section also applies to a local law that incorporates a model local law if the local law includes more than—(a)the model local law; or(b)any amendment or repeal of an existing local law that would be inconsistent with the model local law.
(3)The council must consult with relevant government entities about the overall State interest in the proposed local law before making the local law.s 31 sub 2012 No. 33 s 1032Publication of local laws(1)The council must let the public know that a local law has been made by the council, by publishing a notice of making the local law—(a)in the gazette; and(b)on the council’s website.
(2)The notice must be published within 1 month after the day when the council made the resolution to make the local law.(3)The notice in the gazette must state—(a)that the notice is made by the council; and(b)the date when the council made the resolution to make the local law; and(c)the name of the local law; and(d)the name of any existing local law that was amended or repealed by the new local law.
(4)The notice on the council’s website must state—(a)that the notice is made by the council; and(b)the date when the council made the resolution to make the local law; and(c)the name of the local law; and(d)the name of any existing local law that was amended or repealed by the new local law; and(e)if the local law incorporates a model local law—that fact; and(f)if the local law is an interim local law—that fact, and the date on which the interim local law expires; and(g)if the local law is a subordinate local law—the name of the local law that authorises the subordinate local law to be made; and(h)the purpose and general effect of the local law; and(i)if the local law contains an anti-competitive provision—that fact; and(j)that a copy of the local law may be—(i)inspected and purchased at the council’s public office; and(ii)viewed by the public on the department’s website.
(5)As soon as practicable after the notice is published in the gazette, the council must ensure a copy of the local law may be viewed and purchased by the public at the council’s public office.(6)A copy of a local law must cost no more than the cost to the council of making the copy available for purchase.(7)Within 14 days after the notice is published in the gazette, the council must give the Minister—(a)a copy of the notice; and(b)a copy of the local law in electronic form.
s 32 amd 2012 No. 33 s 1133Expiry of interim local law revives previous law(1)This section applies if—(a)an interim local law amends or repeals a local law; and(b)the interim local law expires; and(c)the interim local law is not made (either with or without change) as a local law.
(2)When the interim local law expires—(a)the local law is revived in its previous form; and(b)any subordinate local law or provision of a subordinate local law, that stopped having effect because the local law was amended or repealed, is revived in its previous form.
(3)The previous form of a local law, subordinate local law, or provision of a subordinate local law is the form it was in immediately before the interim local law commenced.(4)This section does not affect anything that was done or suffered under the interim local law before it expired.(5)This section applies despite the Acts Interpretation Act 1954, section 19.34Local law register(1)The council must keep a register of its local laws, in the way that is required under a regulation.(2)The council must ensure the public may view the register at its public office or on its website.(3)The department’s chief executive must keep a database of the council’s local laws and ensure a copy of the database may be viewed by the public on the department’s website.s 34 amd 2012 No. 33 s 1235Consolidated versions of local laws(1)The council must prepare and adopt a consolidated version of a local law.(2)A consolidated version of a local law is a document that accurately combines the council’s local law, as it was originally made, with all the amendments made to the local law since the local law was originally made.(3)When the council adopts the consolidated version of the local law, the consolidated version is taken to be the local law, in the absence of evidence to the contrary.(4)Within 7 days after the council adopts the consolidated version of the local law, the council must give the Minister a copy of the consolidated version of the local law in electronic form.s 35 amd 2012 No. 33 s 1336Regular review of local lawss 36 om 2012 No. 33 s 14Division 3Local laws that can not be made37What this division is aboutThis division specifies the subjects that the council must not make a local law about.38Network connections(1)The council must not make a local law that regulates network connections.(2)A network connection is an installation that has the sole purpose of connecting a home or other structure to an existing telecommunications network.(3)A local law, to the extent that it is contrary to this section, has no effect.39Election advertising(1)The council must not make a local law that—(a)prohibits or regulates the distribution of how-to-vote cards; or(b)prohibits the placement of election signs or posters.
(2)A how-to-vote card includes a how-to-vote card under the Electoral Act.(3)An election sign or poster is a sign or poster that is able, or is intended, to—(a)influence a person about voting at any government election; or(b)affect the result of any government election.
(4)A government election is an election for a local, State or Commonwealth government.(5)A local law, to the extent that it is contrary to this section, has no effect.s 39 amd 2011 No. 27 s 24540Development processes(1)The council must not make a local law that establishes an alternative development process.(2)An alternative development process is a process that is similar to or duplicates all or part of the development assessment process under the Planning Act.(3)However, if a local law already contains a provision that establishes an alternative development process, the council may amend or repeal the provision at any time.(4)A local law has no effect to the extent that it is contrary to this section.(5)This section does not apply to a local law about any of the following matters unless the matter is covered by the council’s planning scheme, the Planning Act or another instrument made under that Act—(a)advertising devices;(b)gates and grids;(c)roadside dining.
s 40 amd 2012 No. 33 s 15; 2013 No. 23 s 37; 2016 No. 27 s 12941Anti-competitive provisions(1)The council must not make a local law that contains an anti-competitive provision unless the council has complied with the procedures prescribed under a regulation for the review of anti-competitive provisions.(2)A local law, to the extent that it is contrary to this section, has no effect.(3)This section does not apply to an interim local law.41ASwimming pool safety(1)The council must not make a local law that regulates—(a)the construction or maintenance of barriers for a regulated pool; or(b)a matter for ensuring the safety of persons using a regulated pool and prescribed under the Building Act, section 231D(1), definition pool safety standard, paragraph (b).
(2)If a local law that is in force before the commencement of this section contains a provision that regulates a matter mentioned in subsection (1), the council—(a)must not amend the provision after the commencement; and(b)must repeal the provision by 1 January 2017.
(3)A local law, to the extent that it is contrary to this section, has no effect.(4)In this section—barriers, for a regulated pool, includes any of the following—(a)the fencing for the pool;(b)the walls of a building enclosing the pool;(c)another form of barrier mentioned or provided for in the pool safety standard under the Building Act.
s 41A ins 2010 No. 35 s 34Division 4Action by the Minister about particular local laws42Suspending or revoking particular local laws(1)This section applies if the Minister reasonably believes a local law—(a)is contrary to any other law; or(b)is inconsistent with the local government principles; or(c)does not satisfactorily deal with the overall State interest.
(2)The Minister, by gazette notice, may—(a)suspend the local law, for a specified period or indefinitely; or(b)revoke the local law.
(3)The gazette notice must state—(a)how the local law is contrary to another law, is inconsistent with the local government principles or does not satisfactorily deal with the overall State interest; and(b)if the local law has been suspended—how the local law may be amended so that it—(i)is no longer contrary to the other law; or(ii)is no longer inconsistent with the local government principles; or(iii)satisfactorily deals with the overall State interest.
(4)If the Minister suspends a local law, the local law stops having effect for the period specified in the gazette notice.(5)If the Minister revokes the local law—(a)the local law stops having effect on the day specified in the gazette notice; or(b)if no day is specified in the gazette notice—the local law is taken to never have had effect.
(6)The State is not liable for any loss or expense incurred by a person because a local law is suspended or revoked under this section.(7)A decision of the Minister under this section is not subject to appeal.Note—See section 226 for more information.s 42 amd 2012 No. 33 s 16Division 5Miscellaneousdiv hdg ins 2010 No. 44 s 16042ALocal law about seizing and disposing of personal property(1)This section applies if—(a)the council has made a local law about seizing and disposing of personal property; and(b)personal property is seized under the local law.
(2)If the personal property is sold or disposed of, the proceeds of sale or disposal must be applied in the following order—(a)in payment of the reasonable expenses incurred in selling or disposing of the property;(b)in payment of the prescribed fee for seizing and holding the property;(c)if there is an amount owing to an entity under a security interest registered for the property under the Personal Property Securities Act 2009 (Cwlth)—in payment of the amount owing under the security interest;(d)the balance to the owner of the property.
(3)A secured party can not enforce any security interest in the proceeds of sale or disposal against an entity to whom an amount is payable under subsection (2)(a) or (b).(4)In this section—personal property has the meaning given by the Personal Property Securities Act 2009 (Cwlth), section 10.secured party has the meaning given by the Personal Property Securities Act 2009 (Cwlth), section 10.s 42A ins 2010 No. 44 s 16042BOwners’ liability for party houses(1)The council may make a local law that makes the owner of a residential property liable to a penalty because of excessive noise regularly emitted from the property.(2)The owner of a residential property includes a tenant if the tenant has a right of exclusive occupation of the property under a lease.(3)A residential property is a property of a type that would ordinarily be used, or is intended to be used, as a place of residence or mainly as a place of residence.(4)To remove any doubt, it is declared that—(a)the local law may fix the number of times that excessive noise must be emitted from a property before the owner becomes liable to the penalty; and(b)a property is not precluded from being a residential property merely because the property is rented on a short-term basis.
(5)In a proceeding about a contravention of the local law—(a)a noise abatement direction given to a person at a property is evidence of excessive noise being emitted from the property; and(b)a copy of information recorded in the register of enforcement acts under the Police Powers and Responsibilities Act 2000 about the giving of a noise abatement direction is evidence of the matters stated in it.
(6)A noise abatement direction is a direction given to a person by a police officer under the Police Powers and Responsibilities Act 2000, section 581(3).(7)Despite subsection (5), a defendant may, with the leave of the court, require the prosecution to call any person involved in the giving of the noise abatement direction to give evidence at the hearing.(8)The court may give leave only if the court is satisfied that—(a)an irregularity may exist in relation to the information or the giving of the noise abatement direction; or(b)it is in the interests of justice that the person be called to give evidence.
(9)The chief executive officer may ask the police commissioner to give the chief executive officer information about noise abatement directions given to persons in Brisbane.(10)The police commissioner must comply with the request.s 42B ins 2012 No. 33 s 17Part 3Beneficial enterprises and business activitiesDivision 1Beneficial enterprises43What this division is about(1)This division is about beneficial enterprises that are conducted by the council.(2)This division does not apply to a business unit of the council.(3)A beneficial enterprise is an enterprise that the council considers is directed to benefiting, and can reasonably be expected to benefit, the whole or part of Brisbane.(4)The council is conducting a beneficial enterprise if the council is engaging in, or helping, the beneficial enterprise.44Conducting beneficial enterprises(1)The council may conduct a beneficial enterprise.(2)To conduct the beneficial enterprise, the council—(a)may participate with an association; but(b)must not, either directly or by participating with an association, participate with an unlimited corporation.
Note—Under the Statutory Bodies Financial Arrangements Act 1982, the council may need the Treasurer’s approval before entering into particular financial arrangements.(3)An association is—(a)a partnership; or(b)a corporation limited by shares but not listed on a stock exchange; or(c)a corporation limited by guarantee but not listed on a stock exchange; or(d)another association of persons that is not a corporation.
(4)An unlimited corporation means a corporation whose members have no limit placed on their liability.(5)The council participates with an association or unlimited corporation if the council—(a)forms, or takes part in forming, an association or unlimited corporation; or(b)becomes a member of an association or unlimited corporation; or(c)takes part in the management of an association or unlimited corporation; or(d)acquires or disposes of shares, debentures or securities of an association or unlimited corporation.
s 44 sub 2012 No. 33 s 1845Identifying beneficial enterprisesThe council’s annual report for each financial year must contain a list of all the beneficial enterprises that the council conducted during the financial year.s 45 sub 2012 No. 33 s 1946Planning for a beneficial enterprise with the private sectors 46 om 2012 No. 33 s 20Division 2Business reform, including competitive neutrality47What this division is about(1)This division is about the application of the National Competition Policy Agreements in relation to the significant business activities of the council.(2)This includes the application of the competitive neutrality principle if, in the circumstances, the public benefit (in terms of service quality and cost) outweighs the costs of implementation.(3)Under the competitive neutrality principle, an entity that is conducting a business activity in competition with the private sector should not enjoy a net advantage over competitors only because the entity is in the public sector.(4)A significant business activity is a business activity of the council that—(a)is conducted in competition, or potential competition, with the private sector (including off-street parking, quarries, sporting facilities, for example); and(b)meets the threshold prescribed under a regulation.
(5)However, a significant business activity does not include a business activity that is—(a)a building certifying activity; or(b)a roads activity; or(c)related to the provision of library services.
Note—A building certifying activity or roads activity is dealt with under section 51.48Ways to apply the competitive neutrality principle(1)The competitive neutrality principle may be applied by—(a)commercialisation of a significant business activity; or(b)full cost pricing of a significant business activity.
(2)Commercialisation involves creating a new business unit, that is part of the council, to conduct the significant business activity on a commercial basis.(3)Full cost pricing involves pricing the significant business activity on a commercial basis, but without creating a new business unit.(4)A regulation may provide for—(a)matters relating to commercialisation or full cost pricing; or(b)any other matter relating to the application of the competitive neutrality principle to the significant business activities of the council.
s 48 amd 2012 No. 33 s 2149Identifying significant business activitiesThe council’s annual report for each financial year must—(a)contain a list of all the business activities that the council conducted during the financial year; and(b)identify the business activities that are significant business activities; and(c)state whether or not the competitive neutrality principle was applied to the significant business activities, and if the principle was not applied, the reason why it was not applied; and(d)state whether any of the significant business activities were not conducted in the preceding financial year, i.e. whether there are any new significant business activities.
50Assessing public benefit(1)This section applies to a new significant business activity that is identified in the annual report of the council.(2)The council must conduct a public benefit assessment of the new significant business activity.(3)A public benefit assessment is an assessment of whether the benefit to the public (in terms of service quality and cost) of applying the competitive neutrality principle in relation to a significant business activity outweighs the costs of applying the competitive neutrality principle.(4)The council must conduct the public benefit assessment before the end of the financial year in which the significant business activity is first identified in the annual report.(5)The council must prepare a report on the public benefit assessment that contains its recommendations about the application of the competitive neutrality principle in relation to the significant business activity.(6)At a meeting of the council, the council must—(a)consider the report; and(b)decide, by resolution, whether or not to apply the competitive neutrality principle in relation to the significant business activity.
(7)Any resolution that the competitive neutrality principle should not be applied must include a statement of the reasons why it should not be applied.(8)The council must give the Minister a copy of—(a)the report; and(b)all resolutions made in relation to the report.
(9)If the council decides not to apply the competitive neutrality principle in relation to the significant business activity, the council must, within 3 years after making the decision, repeat the process in this section.(10)Subsection (9) also applies to a decision that was made before the commencement of this section.51Code of competitive conduct(1)This section is about the code of competitive conduct.(2)The code of competitive conduct is the code of competitive conduct prescribed under a regulation under the Local Government Act.(3)The council must apply the code of competitive conduct to the conduct of the following business activities of the council—(a)a building certifying activity;(b)a roads activity, other than a roads activity for which business is conducted only through a sole supplier arrangement.
(4)A building certifying activity is a business activity that—(a)involves performing building certifying functions (within the meaning of the Building Act, section 10); and(b)is prescribed under a regulation.
(5)A roads activity is a business activity (other than a business activity prescribed under a regulation) that involves—(a)constructing or maintaining a State-controlled road, that the State put out to competitive tender; or(b)submitting a competitive tender in relation to—(i)constructing or maintaining a road in Brisbane, that the council put out to competitive tender; or(ii)constructing or maintaining a road in another local government area, that the other local government put out to competitive tender.
(6)The council must start to apply the code of competitive conduct—(a)for a building certifying activity—from the start of the financial year after the financial year in which the building certifying activity is first conducted; or(b)for a roads activity—from when the roads activity is first conducted.
(7)The council must decide each financial year, by resolution, whether or not to apply the code of competitive conduct to a business activity prescribed under a regulation.(8)If the council decides not to apply the code of competitive conduct to the business activity, the resolution must state reasons for not doing so.(9)Subsection (7) does not prevent the council from applying the code of competitive conduct to any other business activities.s 51 amd 2013 No. 60 s 33 sch 152Competitive neutrality complaints(1)The council must adopt a process for resolving competitive neutrality complaints.(2)A competitive neutrality complaint is a complaint that—(a)relates to the failure of the council to conduct a business activity in accordance with the competitive neutrality principle; and(b)is made by an affected person.
(3)An affected person is—(a)a person who—(i)competes with the council in relation to the business activity; and(ii)claims to be adversely affected by a competitive advantage that the person alleges is enjoyed by the council; or
(b)a person who—(i)wants to compete with the council in relation to the business activity; and(ii)claims to be hindered from doing so by a competitive advantage that the person alleges is enjoyed by the council.
(4)A regulation may provide for the process for resolving competitive neutrality complaints.(5)The council does not have to resolve a competitive neutrality complaint relating to a business activity prescribed under a regulation.Division 3Responsibilities and liabilities of employees of corporate entitiesdiv 3 (ss 53–62) om 2012 No. 33 s 2253div 3 (ss 53–62) om 2012 No. 33 s 2254div 3 (ss 53–62) om 2012 No. 33 s 2255div 3 (ss 53–62) om 2012 No. 33 s 2256div 3 (ss 53–62) om 2012 No. 33 s 2257div 3 (ss 53–62) om 2012 No. 33 s 2258div 3 (ss 53–62) om 2012 No. 33 s 2259div 3 (ss 53–62) om 2012 No. 33 s 2260div 3 (ss 53–62) om 2012 No. 33 s 2261div 3 (ss 53–62) om 2012 No. 33 s 2262div 3 (ss 53–62) om 2012 No. 33 s 22Division 4Other matters relating to corporate entitiesdiv 4 (ss 63–64) om 2012 No. 33 s 2263div 4 (ss 63–64) om 2012 No. 33 s 2264div 4 (ss 63–64) om 2012 No. 33 s 22Part 4Roads and other infrastructureDivision 1Roads65What this division is about(1)This division is about roads.(2)A road is—(a)an area of land that is dedicated to public use as a road; or(b)an area of land that—(i)is developed for, or has as 1 of its main uses, the driving or riding of motor vehicles; and(ii)is open to, or used by, the public; or
(c)a footpath or bicycle path; or(d)a bridge, culvert, ford, tunnel or viaduct.
(3)However, a road does not include—(a)a State-controlled road; or(b)a road, or that part of a road, within an airport site under the Airports Act 1996 (Cwlth); or(c)a public thoroughfare easement.
66Control of roads(1)The council has control of all roads in Brisbane.(2)This control includes being able to—(a)survey and resurvey roads; and(b)construct, maintain and improve roads; and(c)approve the naming and numbering of private roads; and(d)name and number other roads; and(e)make a local law to regulate the use of roads, including—(i)the movement of traffic on roads, subject to the Transport Operations (Road Use Management) Act 1995; and(ii)the parking of vehicles on roads, subject to the Transport Operations (Road Use Management) Act 1995 (including the maximum time that a vehicle may be parked in a designated rest area that adjoins a road, for example); and(iii)by imposing obligations on the owner of land that adjoins a road (including an obligation to fence the land to prevent animals going on the road, for example); and
(f)make a local law to regulate the construction, maintenance and use of—(i)public utilities along, in, over or under roads; and(ii)ancillary works and encroachments along, in, over or under roads; and
(g)realign a road in order to widen the road; and(h)acquire land for use as a road.
(3)Nothing in subsection (1) makes the council liable for the construction, maintenance or improvement of a private road.(4)A private road is a road over land that is owned by a person who may lawfully exclude other persons from using the road.s 66 amd 2012 No. 33 s 2367Notice of intention to acquire land to widen a road(1)If the council wants to acquire land in order to widen a road, the council must give the owner of the land a notice of intention to acquire land.(2)A notice of intention to acquire land informs the owner in general terms of this section and section 68.(3)However, the council can not, without the consent of the Planning and Environment Court, serve notice of intention to acquire land on an owner of land after the owner has applied to the council—(a)for approval to subdivide the land; or(b)for approval, consent or permission—(i)to erect or use a structure on the land; or(ii)to use the land for any other purpose.
(4)The court may consent to the notice of intention to acquire land being served only if the court is satisfied that the purpose of the notice is to enable the council to make, in good faith, a reasonable widening of the road.(5)After the council gives an owner a notice of intention to acquire land, the owner must not erect, place, re-erect, replace or repair any structure, or part of a structure, on the land without the council’s permission.(6)The council must lodge a copy of a notice of intention to acquire land with the registrar of titles for registration on the instrument of title to the land.(7)The registrar of titles may register the notice of intention to acquire land even if the instrument of title is not produced.s 67 amd 2012 No. 33 s 2468Compensation for a notice of intention to acquire land(1)This section applies to a person who is served with a notice of intention to acquire land, if the person would be entitled to claim compensation for the acquisition of land.(2)The person is entitled to compensation from the council for injurious affection to the person’s interest in the land because of the notice of intention to acquire land.(3)However, the compensation is not payable until—(a)the land is sold for the first time after the notice of intention to acquire land was served; or(b)after being served with the notice of intention to acquire land, the owner of the land offers the land for sale in good faith, but can not sell the land for a fair and reasonable price.
(4)The compensation must be assessed in accordance with the following principles—(a)the amount of compensation must represent the difference between—(i)the market value of the interest in the land immediately after service of the notice of intention to acquire land; and(ii)what would be the market value of the interest in the land, at that time, if the notice had not been served;
(b)any benefit that may accrue, because of the realignment of the road, to land adjacent to the land that is affected by the realignment of the road, and in which the claimant has an interest, must be taken into account;(c)the amount of compensation must not be increased because the land that is affected by the realignment of the road has, since the service of the notice of intention to acquire land, become or ceased to be separate from other land.
(5)A claim for compensation must be made—(a)within 3 years after the entitlement to compensation arose; and(b)to the chief executive officer in the approved form.
(6)The claim is taken to have been properly made when the claimant has given the council all the information that the council reasonably requires to decide the claim.(7)If, within 30 days after the claim is made, the council has not given the claimant written notice of its decision on the claim, the council is taken to have refused compensation on the 31st day after the claim is made.69Appeal on a claim for compensation(1)A person who is aggrieved by the decision of the council on a claim for compensation may appeal against the decision to the Land Court.(2)The appeal must be started within 30 days after—(a)notice of the decision is given to the claimant; or(b)the decision is taken to have been made.
(3)However, the Land Court may extend the period mentioned in subsection (2) if satisfied in all the circumstances that it is reasonable to do so.(4)In order to award compensation, the Land Court must be satisfied—(a)if the land has been sold—(i)the seller took reasonable steps to obtain a reasonable price for the land; and(ii)the seller sold the land in good faith; and(iii)the sale price is less than the seller might reasonably have expected to receive had there been no notice of intention to acquire land; or
(b)if the council refused the owner permission to erect, place, re-erect, replace or repair any structure, or part of a structure, on the land—the permission was applied for in good faith.
s 69 amd 2012 No. 33 s 2570Acquisition of land instead of compensation(1)After a notice of intention to acquire land is served, but before the land is sold, the council may acquire the land instead of paying compensation for injurious affection.(2)If, after a notice of intention to acquire land is served, the land is cleared of all structures—(a)the council may acquire the land; and(b)if required by the owner of the land, the council must acquire the land.
(3)The acquired land must be dedicated for public use as a road within 3 months after its acquisition.(4)Compensation for the acquisition of the land, if not agreed between the parties, must be assessed as at the date of the acquisition.71What is to happen if a realignment is not carried out(1)This section applies if the council decides not to proceed with the realignment of a road or part of a road after giving a notice of intention to acquire land.(2)This section does not apply to a realignment of road that is necessary to comply with the requirements of the council under a planning scheme in its application to particular developments in Brisbane.(3)The council must serve notice of its decision not to proceed on all owners of land who were served with a notice of intention to acquire land in connection with that road or part of that road.(4)With regard to any of the notices of intention to acquire land that were lodged with the registrar of titles in connection with that road or part of that road, the council must—(a)for any notice of intention to acquire land that has not been registered—withdraw the notice of intention to acquire land; and(b)for any notice of intention to acquire land that has been registered—lodge with the registrar of titles for registration a notice of its decision not to proceed with the realignment of the road, or part of the road.
(5)The notice of the council’s decision must inform the owners in general terms of this section and section 72.72Compensation if realignment not carried out(1)This section applies if—(a)the council decides not to proceed with the realignment of a road or part of a road after giving a notice of intention to acquire land; and(b)structural improvements have been made on land that adjoins the road on the basis of the proposed realignment being effected.
(2)The council must pay the owner of the land reasonable compensation for the decrease in value of the land because of the decision.(3)The amount of compensation is the difference between the value of the land before and after the decision.(4)If the council and the owner fail to agree on the amount of compensation, the amount is to be decided by the Land Court.(5)The provisions of the Acquisition of Land Act 1967 about the making, hearing and deciding of claims for compensation for land taken under that Act apply, with any necessary changes and any changes prescribed under a regulation, to claims for compensation under this section.(6)The council’s decision not to proceed with the realignment of a road, or part of a road, does not give rise to an entitlement to compensation to, or a cause of action by, any owner or occupier of land or other person other than under this section.s 72 amd 2012 No. 33 s 2673Acquiring land for use as a footpath(1)The council may acquire land that adjoins a road for use as a footpath.(2)The acquisition of land may be subject to a reservation, in favour of the owner of the land, of any of the following rights that the council decides (at or before the acquisition) is appropriate—(a)a right to the ownership, possession, occupation and use of any existing structure, room or cellar—(i)at a specified height above the level of the new footpath; or(ii)at a specified depth below the level of the new footpath;
(b)a right—(i)to erect a structure (in accordance with law) at a specified height above the new footpath; and(ii)to the ownership, possession, occupation and use of the structure;
(c)a right of support for a structure mentioned in paragraph (a) or (b).
(3)The right mentioned in subsection (2)(a) is subject to the council’s right to enter, and make structural alterations to, the structure, room or cellar that the council considers necessary.74Notice to the council of opening or closing of roads(1)This section applies if an application is made under the Land Act for the opening or closing of a road in Brisbane by someone other than the council.(2)The Land Act Minister, or the applicant for the application, must give written notice of the application to the council.(3)The Land Act Minister is the Minister administering the Land Act.(4)The notice must specify a date (no earlier than 1 month or later than 2 months after the council is given the notice) on or before which the council may object to the opening or closing of the road.(5)An objection must fully state the reasons for the objection.(6)The Land Act Minister must have regard to any objections properly made by the council.(7)If the Land Act Minister decides the road should be opened or closed, the Land Act Minister must give written notice to the council—(a)of the decision; and(b)if the decision is contrary to the council’s objection, the reasons for the decision.
75Closing roads(1)The council may close a road (permanently or temporarily) to all traffic, or traffic of a particular class, if there is another road or route reasonably available for use by the traffic.(2)Also, the council may close a road to all traffic, or traffic of a particular class—(a)during a temporary obstruction to traffic; or(b)if it is in the interests of public safety; or(c)if it is necessary or desirable to close the road for a temporary purpose (including a fair, for example).
(3)The council must publish notice of the closing of the road, in the way that the council considers appropriate (including on its website, for example).(4)The council may do everything necessary to stop traffic using the road after it is closed.(5)If a road is closed to traffic for a temporary purpose, the council may permit the use of any part of the road (including for the erection of any structure, for example) on the conditions the council considers appropriate.s 75 amd 2012 No. 33 s 2776Temporary roads(1)This section applies if—(a)the council wants to remake or repair a road; and(b)it is not reasonably practicable to temporarily close the road to traffic while the road works are conducted.
(2)The council may make a temporary road, through land that adjoins the road, to be used while the road is being remade or repaired.(3)However, a council employee or contractor may enter the land only if—(a)the owner or occupier of the land has agreed, in writing that the council employee or contractor may enter the land; or(b)the council has given the owner or occupier of the land at least 3 days written notice that states—(i)the nature of the road works that are to be conducted; and(ii)the proposed route of the temporary road; and(iii)an approximate period when the temporary road is expected to remain on the land.
(4)Subsection (3) does not apply if the road works must be urgently conducted, but the council must give the owner or occupier of the land oral notice of the matters mentioned in subsection (3)(b).(5)The owner of the land may give the chief executive officer a written notice that claims compensation for physical damage caused by the council entering, occupying or using the land under this section.(6)Compensation is not payable unless the chief executive officer receives the claim—(a)within 1 year after the occupation or use has ended; or(b)at a later time allowed by the chief executive officer.
(7)The compensation equals—(a)the amount agreed between the person and the council; or(b)if the person and the council can not agree, the amount that is decided by a court.
(8)However, the compensation must not be more than the compensation that would have been awarded if the land had been acquired.77The Brisbane River(1)This section is about roads that are over, under, on or in the Brisbane River (river crossings).(2)For this section, the Brisbane River is any part of the Brisbane River that is not within the local government area of another local government.(3)The council may—(a)survey and resurvey river crossings; and(b)construct, maintain and improve river crossings; and(c)name and number river crossings.
(4)Subject to any restrictions prescribed under a regulation—(a)local laws apply to a river crossing as if all of the crossing were within Brisbane; and(b)all a river crossing is taken, for the purpose of any Act, to be a road within Brisbane.
78Road levels(1)The owner or occupier of land that adjoins a road may give written notice to the council requiring it to advise the owner or occupier of the permanent level that is fixed or to be fixed for the road.(2)If the council has not, within 6 months after receiving the notice, given the owner or occupier written advice about the permanent level of the road, the council is taken to have fixed the apparent level of the road when the notice was given as the permanent level of the road.(3)If—(a)after the council has fixed the permanent level of a road, the council changes the level of the road; and(b)the owner or occupier of land that adjoins the road is injuriously affected by the change;
the council must pay the owner or occupier, or their successor in title, compensation.(4)The compensation equals—(a)the amount that is agreed between the owner or occupier, or their successor in title, and the council; or(b)if the owner or occupier, or their successor in title, and the council can not agree—the amount that is decided by the Planning and Environment Court.
79Assessment of impacts on roads from certain activities(1)This section applies if—(a)a regulation prescribes an activity for this section; and(b)the council considers that the conduct of the activity is having, or will have, a significant adverse impact on a road in Brisbane; and(c)the activity is not for—(i)a coordinated project under the State Development and Public Works Organisation Act 1971; or(ii)development categorised under the council’s planning scheme as assessable development for the Planning Act; or(iii)a road being built under the Land Act, section 110.
(2)The council may require the entity that is conducting the activity to provide information, within a reasonable time, that will enable the council to assess the impact of the activity on the road.(3)After assessing the impact of the activity on the road, the council may decide to do 1 or more of the following—(a)give the entity a direction about the use of the road to lessen the impact;(b)require the entity—(i)to carry out works to lessen the impact; or(ii)to pay an amount as compensation for the impact.
(4)The council may require the works to be carried out or the amount to be paid before the impact commences or intensifies.(5)The amount of compensation is a debt payable to the council and may be recovered in a court.(6)A regulation for this section—(a)must contain a process under which the council’s decision may be reviewed; and(b)may contain a process for enforcing the decision.
s 79 amd 2012 No. 43 s 325 sch 2; 2016 No. 27 s 13080Categorisation of roadsThe council must categorise the roads in Brisbane according to the surface of the road.81Roads map and register(1)The council must prepare and keep up to date—(a)a map of every road, including private roads, in Brisbane; and(b)a register of the roads that shows—(i)the category of every road; and(ii)the level of every road that has a fixed level; and(iii)other particulars prescribed under a regulation.
(2)The register of roads may also show other particulars that the council considers appropriate.(3)The council must ensure the public may view the map and register at its public office or on its website.(4)On application and payment of a reasonable fee fixed under a resolution or local law, a person may obtain—(a)a copy of a map or register of roads; or(b)a certificate signed by an employee of the council who is authorised for the purpose—(i)about the category, alignment and levels of roads in Brisbane; or(ii)about the fact that the alignment or level of a road in Brisbane has not been fixed.
82Unauthorised works on roads(1)This section applies to a road in Brisbane.(2)A person must not, without lawful excuse (including under another Act, for example), or the written approval of the council—(a)carry out works on a road; or(b)interfere with a road or its operation.
Maximum penalty—200 penalty units.(3)Works do not include the maintenance of ancillary works and encroachments, or landscaping, that does not interfere with the road or its operation.(4)An approval may be subject to the conditions decided by the council.(5)A person must not contravene a condition that applies to the person under subsection (4).Maximum penalty—40 penalty units.(6)If a person carries out works in contravention of this section, the council may—(a)dismantle or alter the works; or(b)fix any damage caused by the works.
(7)If the council dismantles or alters the works, or fixes any damage caused by the works, the person must pay the council the reasonable costs incurred by the council in doing so.Division 2Stormwater drains83What this division is about(1)This division is about stormwater drains and stormwater installations.(2)A stormwater drain is a drain, channel, pipe, chamber, structure, outfall or other works used to receive, store, transport or treat stormwater.(3)A stormwater installation for a property—(a)is any roof gutters, downpipes, subsoil drains or stormwater drain for the property; but(b)does not include any part of a council stormwater drain.
84Connecting stormwater installation to stormwater drain(1)The council may, by written notice, require the owner of a property to connect a stormwater installation for the property to a council stormwater drain in the way, under the conditions and within the time stated in the notice.(2)The way, condition and time stated in the notice must be reasonable in the circumstances.(3)A person must not connect a stormwater installation for a property to a council stormwater drain unless—(a)the council has required the owner of the property to do so by a written notice under subsection (1); or(b)the council has given its approval for the connection.
Maximum penalty—165 penalty units.(4)The council may impose conditions on its approval for the connection, including conditions about the way the connection must be made.(5)If a person connects a stormwater installation under a requirement or approval of the council, the person must comply with the requirement or approval, unless the owner has a reasonable excuse.Maximum penalty—165 penalty units.(6)This section does not apply to a stormwater installation for a property that is an airport site under the Airports Act 1996 (Cwlth).85No connecting sewerage to stormwater drain(1)The owner of a property must not connect the sewerage installation for property, or allow the sewerage installation for the property to be connected, to any part of—(a)the stormwater installation for the property; or(b)a council stormwater drain.
Maximum penalty—165 penalty units.(2)A sewerage installation is any of the following—(a)an on-site sewerage facility within the meaning given in the Plumbing and Drainage Act;(b)a sewer for a property or building unit;(c)sanitary plumbing i.e. any apparatus, fittings, fixtures or pipes that carry sewage to a sanitary drain;(d)sanitary drainage i.e. any apparatus, fittings or pipes for collecting and carrying discharges—(i)from fixtures (that are directly connected to a sanitary drain) to an on-site sewerage facility or a sewerage treatment system; or(ii)from sanitary plumbing to an on-site sewerage facility or a sewerage treatment system.
Examples of apparatus, fittings or pipes for sanitary drainage—•disconnector gullies•bends at the foot of stacks or below ground level•pipes above ground level that are installed using drainage principles•for an on-site sewerage facility—a pipe (other than a soil or waste pipe) used to carry sewage to or from the facility
(3)The owner of a property who becomes aware that the sewerage installation for the property is connected to any part of—(a)the stormwater installation for the property; or(b)a stormwater drain of the council;
must, as soon as reasonably practicable, take all necessary steps to disconnect the facility, drainage or sewer from the stormwater installation or drain.Maximum penalty—165 penalty units.(4)If the sewerage installation for property is connected to any part of—(a)the stormwater installation on the property; or(b)a stormwater drain of the council;
the council may, by written notice, require the owner of the property to perform the work stated in the notice, within the time stated in the notice.(5)The time stated in the notice must—(a)be a time that is reasonable in the circumstances; and(b)be at least 1 month after the notice is given to the owner.
(6)However, the time stated in the notice may be less than 1 month but must not be less than 48 hours if the work stated in the notice—(a)is required to stop a serious health risk continuing; or(b)relates to a connection that is causing damage to the council stormwater drain.
(7)The work stated in the notice must be work that is reasonably necessary for fixing or otherwise dealing with the sewerage installation, including for example—(a)work to remedy a contravention of this Act; or(b)work to disconnect something that was connected to a stormwater drain without the council’s approval.
(8)The owner must comply with the notice, unless the owner has a reasonable excuse.Maximum penalty for subsection (8)—165 penalty units.86No trade waste or prohibited substances in stormwater drain(1)A person must not put trade waste into a stormwater drain.Maximum penalty—1,000 penalty units.(2)Trade waste is waterborne waste from business, trade or manufacturing property, other than—(a)stormwater; and(b)a prohibited substance.
(3)A person must not put a prohibited substance into a stormwater drain.Maximum penalty—1,000 penalty units.(4)A prohibited substance is—(a)a solid or viscous substance in a quantity, or of a size, that can obstruct, or interfere with the operation of, a stormwater drain; orExamples for paragraph (a)—•ash, cinders, mud, sand, shavings and straw•glass, metal and plastics•cups, milk containers and paper and plastic dishes•feathers, rags, tar and wood•hair and entrails, paunch manure and whole blood•grease and oil•cement-laden wastewater including wash down from exposed aggregate concrete surfaces
(b)a flammable or explosive solid, liquid or gaseous substance; or(c)sewage, including human waste; or(d)a substance that, given its quantity, is capable alone, or by interaction with another substance put into a stormwater drain, of—(i)inhibiting or interfering with the stormwater drain; or(ii)causing damage or a hazard to the stormwater drain; or(iii)causing a hazard for humans or animals; or(iv)creating a public nuisance; or(v)creating a hazard in waters; or(vi)contaminating the environment in places where stormwater is discharged or reused; or
Example for paragraph (d)—a substance with a pH lower than 6.0 or greater than 10.0, or having another corrosive property(e)a substance that has a temperature of more than—(i)if the council has approved a maximum temperature for the substance—the approved maximum temperature; or(ii)otherwise—38ºC.
(5)If—(a)a person puts a prohibited substance in a council stormwater drain; and(b)the prohibited substance causes damage to the stormwater drain;
the council may perform work to fix the damage, and may recover the reasonable costs for the work from the person who put the prohibited substance in the stormwater drain.(6)The costs for the work are in addition to any penalty imposed for the offence.87Interference with path of stormwater(1)A person must not restrict or redirect the flow of stormwater over land in a way that may cause the water to collect and become stagnant.Maximum penalty—165 penalty units.(2)However, this section does not apply to water collected in a dam, wetland, tank or pond, if no offensive material is allowed to accumulate.Division 3Other infrastructure88Malls(1)The council may establish a mall in Brisbane.(2)The council must comply with the procedures prescribed under a regulation for establishing a mall.(3)The regulation may also provide for any other matter connected with managing, promoting or using a mall, including for example—(a)the removal of vehicles from a mall; and(b)review of a decision relating to the removal of a vehicle from a mall; and(c)matters relating to an advisory committee for a mall.
(4)A person is not entitled to compensation on account of injurious affection to any right or interest of a business, commercial or industrial nature because of the establishment, modification or closing of a mall by the council.(5)However, the council may, by resolution, decide to pay compensation to the person.(6)The Land Act, chapter 4, part 4 does not apply to a road in Brisbane that is a mall.89City Botanic Gardens(1)This section is about the City Botanic Gardens.(2)The City Botanic Gardens consist of the reserve for botanic gardens and public park that was established by the council under the repealed City of Brisbane Act.(3)The council is the trustee of the reserve under the Land Act.(4)The council has the power to—(a)do anything that is necessary or desirable for developing, managing, maintaining, promoting, or using the City Botanic Gardens; and(b)permit the use of any part of the City Botanic Gardens, including the erection of any structure, on the conditions it considers appropriate; and(c)do anything incidental to its powers under paragraph (a) or (b).
90Resumption of prescribed land by council(1)This section applies if—(a)a development application under the Planning Act is made for a material change of use other than for ‘television station purposes’; or(b)prescribed land is sold or offered for sale and the council is satisfied the land is likely to be used for a purpose other than television station purposes or related purposes; or(c)prescribed land is being used for a purpose other than television station purposes or related purposes.
(2)Prescribed land is any scheduled land or trust land under the repealed Land (Mt Coot-tha Television Stations) Sales Act 1986.(3)The council may decide to acquire the prescribed land either by agreement under the Acquisition of Land Act 1967 or compulsorily for a purpose specified in that Act, if the land is to be used for 1 or more of the following purposes—(a)a park;(b)a recreation ground;(c)a road.
(4)The power conferred on the council under this section is in addition to the powers conferred on the council as a constructing authority under the Acquisition of Land Act 1967.(5)A decision of the council under subsection (3) is not subject to appeal.Note—See section 226 for more information.91Ferry services(1)The council has the exclusive right to provide a ferry service across a watercourse if the land that forms both banks of the watercourse is in Brisbane.(2)A watercourse is a river, creek or channel where water flows naturally.(3)The council may—(a)lease the right to provide a ferry service across a watercourse that it has the exclusive right to provide a ferry service across; and(b)make local laws for managing and regulating the use of ferries operated or leased by it.
(4)A regulation may—(a)declare another watercourse that the council has the exclusive right to provide a ferry service across; and(b)provide for any other matter connected with the provision of ferry services (including declaring the approaches to a ferry as being under the control of the council, for example).
92Materials in infrastructure are council property(1)The materials in the following things are the property of the council—(a)a road constructed by or for the council;Example of a road constructed for the council—a road constructed by a developer because of a condition attached to a development approval under the Planning Act(b)any works relating to a road (including ducting, gutters, stormwater drains, kerbing and channelling, for example) that are constructed by or for the council;(c)a floating pontoon, jetty, or wharf that is—(i)constructed by the council; or(ii)under the control of the council.
(2)If the council, in exercising a power of the council, constructs a structure or carries out any works on someone else’s land, the materials in the structure or works are the property of the council.(3)This section does not apply to the materials in—(a)an open drain, other than any lining of the drain; or(b)the outcome of action taken in accordance with a remedial notice under section 130.
(4)For subsection (1), it is irrelevant whether the thing mentioned in the subsection is on, over or under land that is owned by an entity other than the council.s 92 amd 2012 No. 33 s 28Part 5Caretaker period arrangementspt hdg ins 2011 No. 27 s 24692ACaretaker period(1)The caretaker period for the council is the period during an election for the council that—(a)starts on the day when public notice of the holding of the election is given under the Local Government Electoral Act 2011, section 25(1); and(b)ends at the conclusion of the election.
(2)There is no caretaker period during a by-election or fresh election under the Local Government Electoral Act 2011.s 92A ins 2011 No. 27 s 24692BProhibition on major policy decision in caretaker period(1)The council must not make a major policy decision during a caretaker period for the council.(2)However, if the council considers that, having regard to exceptional circumstances that apply, it is necessary to make the major policy decision in the public interest, the council may apply to the Minister for approval to make the decision.(3)The Minister may give the approval if the Minister is satisfied that, having regard to exceptional circumstances that apply, it is necessary for the council to make the major policy decision in the public interest.(4)The Minister’s approval may be given on conditions with which the council must comply.s 92B ins 2011 No. 27 s 24692CInvalidity of major policy decision in caretaker period without approval(1)A major policy decision made by the council during a caretaker period for the council is invalid to the extent the council—(a)does not have the Minister’s approval under section 92B to make the decision; or(b)does not comply with any conditions of the Minister’s approval under section 92B(4).
(2)A contract is void if it is the subject of a major policy decision that is invalid.(3)A person who acts in good faith in relation to a major policy decision of the council, or in relation to a contract that is the subject of a major policy decision, but who suffers loss or damage because of any invalidity of the decision under subsection (1) or because the contract is void under subsection (2), has a right to be compensated by the council for the loss or damage.(4)The person may bring a proceeding to recover the compensation in a court of competent jurisdiction.s 92C ins 2011 No. 27 s 24692DProhibition on election material in caretaker period(1)The council must not, during a caretaker period for the council, publish or distribute election material.(2)Election material is anything able to, or intended to—(a)influence an elector about voting at an election; or(b)affect the result of an election.
(3)The prohibition under subsection (1) does not apply to making a how-to-vote card available under the Local Government Electoral Act 2011, section 179(6).s 92D ins 2011 No. 27 s 246amd 2015 No. 25 s 3Chapter 4Finances and accountabilityPart 1Rates and charges93What this part is about(1)This part is about rates and charges.(2)Rates and charges are levies that the council imposes—(a)on land; and(b)for a service, facility or activity that is supplied or undertaken by—(i)the council; or(ii)someone on behalf of the council (including a garbage collection contractor, for example).
94Types of rates and charges(1)There are 4 types of rates and charges—(a)general rates (including differential rates); and(b)special rates and charges; and(c)utility charges; and(d)separate rates and charges.
(2)General rates are for services, facilities and activities that are supplied or undertaken for the benefit of the community in general (rather than a particular person).Example—General rates contribute to the cost of roads and library services that benefit the community in general.(3)Special rates and charges are for services, facilities and activities that have a special association with particular land because—(a)the land or its occupier—(i)specially benefits from the service, facility or activity; or(ii)has or will have special access to the service, facility or activity; or
(b)the land is or will be used in a way that specially contributes to the need for the service, facility or activity; or(c)the occupier of the land specially contributes to the need for the service, facility or activity.
Examples—Special rates and charges could be levied—•for the cost of maintaining a road in an industrial area that is regularly used by heavy vehicles•for the cost of replacing the drainage system in only part of Brisbane•on land that is used only by businesses that would benefit from the promotion of tourism in Brisbane.
(4)Utility charges are for a service, facility or activity for any of the following utilities—(a)waste management, including recycling;(b)gas;(c)another utility prescribed under a regulation.
(5)Separate rates and charges are for any other service, facility or activity.95Land on which rates are levied(1)Rates may be levied on rateable land.(2)Rateable land is any land or building unit, in Brisbane, that is not exempted from rates.(3)The following land is exempted from rates—(a)unallocated State land within the meaning of the Land Act;(b)land that is occupied by the State or a government entity, unless—(i)the government entity is a GOC or its subsidiary (within the meaning of the Government Owned Corporations Act 1993) and the government entity is not exempt from paying rates; or(ii)the land is leased to the State or a government entity by someone who is not the State or a government entity;
(c)land in a State forest or timber reserve, other than land occupied under—(i)an occupation permit or stock grazing permit under the Forestry Act; or(ii)a lease under the Land Act;
(d)the following land under the Transport Infrastructure Act—(i)strategic port land that is occupied by a port authority, the State, or a government entity;(ii)existing or new rail corridor land;(iii)commercial corridor land that is not subject to a lease;
(e)airport land, within the meaning of the Airport Assets (Restructuring and Disposal) Act 2008, that is used for a runway, taxiway, apron, road, vacant land, buffer zone or grass verge;(f)land that is exempted from rating—(i)under another Act or a regulation;(ii)by resolution of the council, for religious, charitable, educational or other public purposes.
96Power to levy rates and charges(1)The council—(a)must levy general rates on all rateable land within Brisbane; and(b)may levy—(i)special rates and charges; and(ii)utility charges; and(iii)separate rates and charges.
(1A)Without limiting subsection (1), the council may categorise rateable land, and decide differential rates for rateable land, according to whether or not the land is the principal place of residence of the owner.(2)The council must decide, by resolution at the council budget meeting for a financial year, what rates and charges are to be levied for that financial year.s 96 amd 2014 No. 36 s 55B97Overdue rates and charges are a charge over rateable land(1)This section applies if the owner of rateable land owes the council for overdue rates and charges.(2)The overdue rates and charges are a charge on the land.(3)The council may register the charge over the land by lodging the following documents with the registrar of titles—(a)a request to register the charge over the land, in the appropriate form;(b)a certificate signed by the chief executive officer that states there is a charge over the land for overdue rates and charges.
(4)After the charge is registered over the land, the charge has priority over any other encumbrances over the land, other than encumbrances in favour of—(a)the State; or(b)a government entity.
(5)If the overdue rates and charges are paid, the council must lodge the following documents with the registrar of titles—(a)a request to release the charge over the land, in the appropriate form;(b)a certificate signed by the chief executive officer that states the overdue rates and charges have been paid.
(6)This section does not limit any other remedy that the council has to recover the overdue rates and charges (including selling the land, for example).98Regulations for rates and chargesA regulation may provide for any matter connected with rates and charges, including for example—(a)concessions; and(b)the categorisation of land for rates and charges; and(c)the process for recovering overdue rates and charges including by the sale of the land to which the rates and charges relate.
Part 2Fees99Cost-recovery fees(1)The council may, under a local law or a resolution, fix a cost-recovery fee.(2)A cost-recovery fee is a fee for—(a)an application for the issue or renewal of a licence, permit, registration or other approval under a local government related law (an application fee); or(b)recording a change of ownership of land; or(c)giving information kept under a local government related law; or(d)seizing property or animals under a local government related law; or(e)the performance of another responsibility imposed on the council under the Building Act or the Plumbing and Drainage Act.
(3)A local law or resolution for subsection (2)(d) or (e) must state—(a)the person liable to pay the cost-recovery fee; and(b)the time within which the fee must be paid.
(4)A cost-recovery fee must not be more than the cost to the council of taking the action for which the fee is charged.(5)However, an application fee may also include a tax—(a)in the circumstances and for a purpose prescribed under a regulation; and(b)if the council decides, by resolution, that the purpose of the tax benefits Brisbane.
(6)The local law or resolution that fixes an application fee that includes a tax must state the amount, and the purpose, of the tax.(7)If an application fee that includes a tax is payable in relation to land, the tax applies only in relation to land that is rateable land.(8)The council may fix a cost-recovery fee by resolution even if the fee had previously been fixed by a local law.100Register of cost-recovery fees(1)The council must keep a register of its cost-recovery fees.(2)The register must state the paragraph of section 99(2) under which the cost-recovery fee is fixed.(3)Also, the register must state—(a)for a cost-recovery fee under section 99(2)(a)—the provision of the local government related law under which the licence, permit, registration or other approval is issued or renewed; or(b)for a cost-recovery fee under section 99(2)(c)—the provision of the local government related law under which the information is kept; or(c)for a cost-recovery fee under section 99(2)(d)—the provision of the local government related law under which the property or animals are seized; or(d)for a cost-recovery fee under section 99(2)(e)—the provision of the Building Act or the Plumbing and Drainage Act under which the responsibility is imposed.
(4)The council must ensure the public may view the register at its public office or on its website.101Fees on occupiers of land below the high-water mark(1)This section applies to the occupier (other than the State or a government entity) of a structure that is on land that—(a)is not rateable land, and therefore not subject to rates; and(b)is in, or is adjoining, Brisbane; and(c)is below the high-water mark.
(2)The high-water mark is the ordinary high-water mark at spring tides.(3)The council may, by resolution, levy a fee on the occupier of the structure for the use of the council’s roads and other infrastructure.(4)For subsection (3), fee includes a tax.Part 3Financial planning and accountabilitypt hdg amd 2012 No. 33 s 29102Statutory Bodies Financial Arrangements Act applies to council(1)The council is a statutory body for the Statutory Bodies Financial Arrangements Act.(2)Part 2B of that Act sets out the way in which that Act affects the council’s powers.103Systems of financial management(1)To ensure it is financially sustainable, the council must establish a system of financial management that—(a)ensures regard is had to the sound contracting principles when entering into a contract for—(i)the supply of goods or services; or(ii)the disposal of assets; and
(b)includes the following—(i)an annual budget;(ii)an asset register;(iii)a corporate plan;(iv)a long-term financial forecast;(v)a long-term asset management plan;(vi)an efficient and effective internal audit function.
(2)The council is financially sustainable if the council is able to maintain its financial capital and infrastructure capital over the long term.(3)The sound contracting principles are—(a)value for money; and(b)open and effective competition; and(c)the development of competitive local business and industry; and(d)environmental protection; and(e)ethical behaviour and fair dealing.
(4)A contract for the supply of goods or services includes a contract about carrying out work.(5)To remove any doubt, it is declared that subsection (1)(a) does not require equal consideration to be given to each of the sound contracting principles.s 103 amd 2012 No. 33 s 30104Approval of budget(1)The council must consider the budget presented by the mayor and, by resolution, adopt the budget with or without amendment.(2)The council must adopt the budget before the start of the financial year to which the budget relates.Part 4Councillors’ financial accountability105What this part is aboutThis part is about councillors’ financial accountability.106Councillor’s discretionary funds(1)A councillor must ensure the councillor’s discretionary funds are used in accordance with the requirements prescribed under a regulation.(2)Discretionary funds are funds in the council’s operating fund that are—(a)budgeted for community purposes; and(b)allocated by a councillor at the councillor’s discretion.
s 106 amd 2012 No. 33 s 31107Councillors liable for improper disbursements(1)This section applies if—(a)the council disburses council funds in a financial year; and(b)the disbursement—(i)is not provided for in the council’s budget for the financial year; and(ii)is made without the approval of the council by resolution.
(2)The council must give the public notice of the disbursement in a newspaper that is circulating generally in Brisbane, within 14 days after the disbursement is made.(3)If the disbursement is not made for a genuine emergency or hardship, the councillors who knowingly agree to the disbursement are jointly and severally liable to pay the council—(a)the amount of the disbursement; and(b)interest on the amount of the disbursement, at the rate at which interest accrues on overdue rates, calculated from the day of the disbursement to the day of repayment; and(c)any fees, charges, penalties or other expenses incurred by the council in relation to the disbursement.
(4)Those amounts may be recovered as a debt payable to the council.108Councillors liable for loans to individuals(1)The council must not, either directly or indirectly, make or guarantee a loan to an individual.(2)Guarantee a loan includes provide a security in connection with a loan.(3)The councillors who knowingly agree to loan the money are jointly and severally liable to pay the council—(a)the amount of the loan; and(b)interest on the amount of the loan, at the rate at which interest accrues on overdue rates, calculated from the day of the borrowing to the day of repayment; and(c)any fees, charges, penalties or other expenses incurred by the council in relation to the loan.
(4)Those amounts may be recovered as a debt payable to the council.109Councillors liable for improper borrowings(1)This section applies if the council borrows money—(a)for a purpose that is not for the good rule and government of Brisbane; or(b)in contravention of this Act or the Statutory Bodies Financial Arrangements Act.
(2)The councillors who knowingly agree to borrow the money are jointly and severally liable to pay the council—(a)the amount borrowed; and(b)interest on the amount borrowed, at the rate at which interest accrues on overdue rates, calculated from the day of the borrowing to the day of repayment; and(c)any fees, charges, penalties or other expenses incurred by the council in relation to the borrowing.
(3)Those amounts may be recovered as a debt payable to the council.(4)This section applies despite—(a)the fact that a security was issued for the borrowing; or(b)the Statutory Bodies Financial Arrangements Act.
Chapter 5Monitoring and enforcing the local government related lawsPart 1The council110What this part is about(1)The purpose of this part is to allow the Minister, on behalf of the State—(a)to gather information (including under a direction) to monitor and evaluate whether the council or a councillor—(i)is performing their responsibilities properly; or(ii)is complying with the local government related laws; and
(b)if the information shows the council or councillor is not performing their responsibilities properly, or is not complying with the local government related laws—to take remedial action.
(2)Remedial action is action to improve the council’s or a councillor’s performance or compliance (including directing the council or councillor to take the action that is necessary to comply with a local government related law, for example).111Decisions under this part are not subject to appealA decision of the Minister under this part is not subject to appeal.Note—See section 226 for more information.112Gathering informationTo monitor and evaluate the council’s or a councillor’s performance and compliance, the department’s chief executive may—(a)examine the information contained in the council’s records and operations; or(b)otherwise carry out an investigation of the council’s or councillor’s performance and compliance.
s 112 sub 2012 No. 33 s 32113Acting on the information gathered(1)This section applies if the information gathered by the department’s chief executive shows that the council or a councillor—(a)is not performing their responsibilities properly; or(b)is not complying with the local government related laws.
(2)The department’s chief executive may give the information to the Minister.(3)The Minister may direct the council or a councillor to take action to—(a)improve the council’s or councillor’s performance; or(b)correct the noncompliance with the local government related law.
(4)If the council does not follow the direction to the satisfaction of the Minister, the Minister may publish the way in which the council or councillor—(a)is not performing their responsibilities properly; or(b)is not complying with the local government related laws.
(5)The Minister may—(a)publish the information in a newspaper that is circulating generally in Brisbane; or(b)direct the council to publish the information on its website.
Part 2The publicDivision 1Powers of authorised personsSubdivision 1Introduction114What this division is about(1)This division is about the powers that may be used by an authorised person.(2)An authorised person is a person who is appointed under this Act to ensure members of the public comply with the local government related laws.Note—See chapter 6, part 5 for more information about the appointment of authorised persons.(3)The powers of an authorised person include the power, in certain circumstances—(a)to ask a person for their name and address; and(b)to enter a property, including private property.
(4)Private property is a property that is not a public place.(5)A public place is a place, or that part of a place, that—(a)is open to the public; or(b)is used by the public; or(c)the public is entitled to use;
whether or not on payment of money.Example—A person uses a room at the front of their home as a business office. While the business office is open to the public it is a public place. However, the home is private property and not part of the public place.(6)An occupier of a property includes a person who reasonably appears to be the occupier of, or in charge of, the property.(7)Force must not be used to enter a property under this division, other than when the property is entered under a warrant that authorises that use of force.115Producing authorised person’s identity card(1)An authorised person may exercise a power under this division, in relation to a person, only if the authorised person—(a)first produces his or her identity card for the person to inspect; or(b)has his or her identity card displayed so it is clearly visible to the person.
(2)However, if for any reason it is not practicable to comply with subsection (1), the authorised person must produce the identity card for the person’s inspection at the first reasonable opportunity.Subdivision 2Power to require a person’s name and address116Power to require a person’s name and address(1)This section applies if an authorised person—(a)finds a person committing an infringement notice offence; or(b)finds a person in circumstances that lead the authorised person to suspect, on reasonable grounds, that the person has just committed an infringement notice offence; or(c)has information that leads the authorised person to suspect, on reasonable grounds, that a person has just committed an infringement notice offence.
(2)An infringement notice offence is an offence prescribed under the State Penalties Enforcement Act 1999 to be an infringement notice offence.(3)The authorised person may require the person to state the person’s name and address.(4)If the authorised person does so, the authorised person must also warn the person that it is an offence to fail to state the person’s name and address, unless the person has a reasonable excuse.(5)The authorised person may require the person to give evidence of the person’s name or address if the authorised person suspects, on reasonable grounds, that the person has given a false name or address.(6)The person must comply with an authorised person’s requirement under subsection (3) or (5), unless the person has a reasonable excuse.Maximum penalty—35 penalty units.(7)However, the person does not commit an offence under subsection (6), if the person is not proved to have committed the infringement notice offence.Subdivision 3Powers to enter property etc.117Entering a public place that is open without the need for permission(1)This section applies if an authorised person wants to enter a public place to ensure the public place complies with the local government related laws.(2)The authorised person may enter the public place, without the permission of the occupier of the place, if the place is not closed to the public (by a locked gate, for example).118Entering private property with, and in accordance with, the occupier’s permission(1)An authorised person may enter private property, that is not closed to entry by the public (by a locked gate, for example), in order to ask the occupier of the property for permission to stay on the property and exercise powers under a local government related law.(2)When asking the occupier for permission, the authorised person must inform the occupier—(a)of the purpose of entering the property; and(b)that any thing or information that the authorised person finds on the property may be used as evidence in court; and(c)that the occupier is not obliged to give permission.
(3)If the occupier gives permission, the authorised person may ask the occupier to sign a document that confirms that the occupier has given permission.(4)The document must state—(a)that the authorised person informed the occupier—(i)of the purpose of entering the property; and(ii)that any thing or information that the authorised person finds on the property may be used as evidence in court; and(iii)that the occupier was not obliged to give the permission; and
(b)that the occupier gave the authorised person permission to enter the property and exercise powers under a local government related law; and(c)the date and time when the occupier gave the permission.
(5)If the occupier signs the document, the authorised person must immediately give a copy of the document to the occupier.(6)If, in any proceedings—(a)a question arises as to whether the occupier of a property gave permission to allow an authorised person to stay on the property under this Act; and(b)a document that confirms the occupier gave permission is not produced in evidence;
the court may assume that the occupier did not give the permission, unless the contrary is proved.(7)If the occupier gives permission, the authorised person may stay on the property and exercise the powers that the occupier has agreed to be exercised on the property.(8)However, the right to stay on the property—(a)is subject to any conditions that the occupier imposes (including about the times when the property may be entered, for example); and(b)may be cancelled by the occupier at any time.
119Entering private property with, and in accordance with, a warrant(1)An authorised person may enter private property with, and in accordance with, a warrant.(2)An authorised person must apply to a magistrate for a warrant.(3)The application for the warrant must—(a)be in the form approved by the department’s chief executive; and(b)be sworn; and(c)state the grounds on which the warrant is sought.
(4)The magistrate may refuse to consider the application until the authorised person gives the magistrate all the information that the magistrate requires about the application, in the way that the magistrate requires.Example—The magistrate may require additional information in support of the application to be given by statutory declaration.(5)The magistrate may issue the warrant only if the magistrate is satisfied that there are reasonable grounds for suspecting—(a)there is a particular thing or activity that may provide evidence of an offence against a local government related law (the evidence); and(b)the evidence is at the place, or may be at the place within the next 7 days.
(6)The warrant must state—(a)the evidence for which the warrant is issued; and(b)that the authorised person may, with necessary and reasonable help and force, enter the property and exercise an authorised person’s powers under this Act; and(c)the hours of the day or night when the property may be entered; and(d)the day (within 14 days after the warrant’s issue) when the warrant ends.
(7)The magistrate must keep a record of the reasons for issuing the warrant.(8)A warrant is not invalidated by a defect in the warrant, or in compliance with section 120, unless the defect affects the substance of the warrant in a material particular.(9)As soon as an authorised person enters private property under a warrant, the authorised person must do, or make a reasonable attempt to do, the following things—(a)inform any occupier of the property—(i)of the reason for entering the property; and(ii)that the warrant authorises the authorised person to enter the property without the permission of the occupier;
(b)give any occupier a reasonable opportunity to allow the authorised person to immediately enter the property without using force.
(10)However, the authorised person does not need to comply with subsection (9) if the authorised person believes that immediate entry to the property is required to ensure the warrant is effectively executed.120Warrants—applications made electronically(1)An authorised person may make an electronic application for a warrant if the authorised person considers it necessary because of—(a)urgent circumstances; or(b)special circumstances (including the authorised person’s remote location, for example).
(2)An electronic application is an application made by phone, fax, radio, email, videoconferencing or another form of electronic communication.(3)The authorised person must prepare an application for the warrant that states the grounds on which the warrant is sought, before applying for the warrant.(4)However, the authorised person may apply for the warrant before the application is sworn.(5)The magistrate may issue the warrant only if the magistrate is satisfied that—(a)it was necessary to make the application electronically; and(b)the way that the application was made was appropriate in the circumstances.
(6)If the magistrate issues the warrant, and it is reasonably practicable to send a copy of the warrant to the authorised person (by fax or email, for example), the magistrate must immediately do so.(7)If it is not reasonably practicable to send a copy of the warrant to the authorised person—(a)the magistrate must—(i)inform the authorised person of the date and time when the magistrate signed the warrant; and(ii)inform the authorised person of the terms of the warrant; and
(b)the authorised person must write on a warrant form—(i)the magistrate’s name; and(ii)the date and time when the magistrate signed the warrant; and(iii)the terms of the warrant.
(8)The copy of the warrant sent to the authorised person, or the warrant form properly completed by the authorised person, authorises the authorised person to enter the property, and to exercise the powers, mentioned in the warrant that was signed by the magistrate.(9)The authorised person must, at the first reasonable opportunity, send the magistrate—(a)the sworn application; and(b)if the authorised person completed a warrant form—the completed warrant form.
(10)When the magistrate receives those documents, the magistrate must attach them to the warrant that was signed by the magistrate, and give the warrant to the clerk of the court.(11)Unless the contrary is proven, a court must presume that a power exercised by an authorised person was not authorised by a warrant issued under this section if—(a)a question arises, in any proceedings before the court, whether the exercise of power was authorised by a warrant; and(b)the warrant is not produced in evidence.
121Entering under an application, permit or notice(1)This section applies if an authorised person wants to enter a property—(a)to inspect the property in order to process an application made under any local government related law; or(b)to inspect a record that is required to be kept for a budget accommodation building under the Building Act, chapter 7; or(c)to find out whether the conditions on which a permit or notice was issued have been complied with; or(d)to inspect work that is the subject of, or was carried out under, a permit or notice.
(2)A permit is an approval, authorisation, consent, licence, permission, registration or other authority issued under any local government related law.(3)A notice is a notice issued under any local government related law.(4)The authorised person may enter the property without the permission of the occupier of the property—(a)at any reasonable time during the day; or(b)at night, if—(i)the occupier of the property asks the authorised person to enter the property at that time; or(ii)the conditions of the permit allow the authorised person to enter the property at that time; or(iii)the property is a public place and is not closed to the public.
(5)However, the authorised person—(a)must, as soon as the authorised person enters the property, inform any occupier of the property—(i)of the reason for entering the property; and(ii)that the authorised person is authorised under this Act to enter the property without the permission of the occupier; and
(b)may enter a home that is on the property only if the occupier of the relevant part of the property accompanies the authorised person.
s 121 amd 2012 No. 3 s 132 sch122Entering property under an approved inspection program(1)An authorised person may enter a property (other than a home on the property) without the permission of the occupier of the property, at any reasonable time of the day or night, under an approved inspection program.(2)An approved inspection program is a program, approved by the council, under which an authorised person may enter and inspect properties in Brisbane to ensure the local government related laws are being complied with.(3)The council must give, or must make a reasonable attempt to give, the occupier of the property a written notice that informs the occupier of the following—(a)the council’s intention to enter the property;(b)the reason for entering the property;(c)an estimation of when the property will be entered.
Example—The council may give the written notice to an occupier of a property by dropping a flyer in the letterbox for the property.(4)The council must give, or make a reasonable attempt to give, the written notice to the occupier within a reasonable time before the property is to be entered.(5)The authorised person—(a)must, as soon as the authorised person enters the property, inform any occupier of the property—(i)of the reason for entering the property; and(ii)that the authorised person is authorised under this Act to enter the property without the permission of the occupier; and
(b)may enter a budget accommodation building on the property only to monitor compliance with the Building Act, chapter 7.
123Approving an inspection program(1)The council may, by resolution, approve the following types of inspection programs—(a)a systematic inspection program;(b)a selective inspection program.
(2)A systematic inspection program allows an authorised person to enter and inspect all properties, or all properties of a certain type, in Brisbane.(3)A selective inspection program allows an authorised person to enter and inspect those properties in Brisbane that have been selected in accordance with objective criteria specified in the resolution.(4)The resolution must state—(a)the purpose of the program; and(b)when the program starts; and(c)for a systematic inspection program that allows a type of property to be entered and inspected—a description of the type of property; and(d)for a selective inspection program—the objective criteria for selecting the properties to be entered and inspected; and(e)the period (of not more than 3 months or another period prescribed under a regulation) over which the program is to be carried out.
(5)The council must give the public notice of the approval of an inspection program, at least 14 days, but not more than 28 days, before the approved inspection program starts.(6)The notice must be published—(a)in a newspaper that is circulating generally in Brisbane; and(b)on the council’s website.
(7)The notice must state the following—(a)that the notice is made by the council;(b)the purpose and scope of the program, in general terms;(c)when the program starts;(d)the period over which the program is to be carried out;(e)that the public may view a copy of the resolution that approved the program at the council’s public office until the end of the program;(f)that a copy of the resolution that approved the program may be purchased at the council’s public office until the end of the program;(g)the price of a copy of the resolution that approved the program.
(8)The price of a copy of the resolution that approved the program must be no more than the cost to the council of making the copy available for purchase.(9)From the time when the notice is published in the newspaper until the end of the program—(a)the public may view a copy of the resolution that approved the program at the council’s public office; and(b)copies of the resolution that approved the program must be available for purchase at the council’s public office at the price stated in the notice.
123AEntry by authorised person, at reasonable times, to inspect regulated pools(1)At all reasonable times, an authorised person may enter a property (other than a home on the property) without permission of the occupier of the property to inspect a regulated pool, and barriers or fencing for the pool, for compliance with—(a)if, under the Building Act, the owner of the pool must ensure the pool complies with the pool safety standard or a part of the standard—the pool safety standard or part; or(b)if paragraph (a) does not apply—a provision of a law that regulates—(i)the construction or maintenance of barriers or fencing for the pool; or(ii)another matter relating to the safety of persons using the pool.
(2)However, the authorised person must, as soon as the authorised person enters the property—(a)inform any occupier of the property—(i)of the reason for entering the property; and(ii)that the authorised person is authorised under this Act to enter the property without the permission of the occupier; and
(b)produce his or her identity card for the occupier of the property to inspect.
(3)In this section—pool safety standard see the Building Act, section 231D.s 123A ins 2010 No. 35 s 35124General powers after entering a property(1)This section explains the powers that an authorised person has after entering a property, other than entering a property—(a)to ask the occupier of the property for permission to stay on the property; or(b)under section 121, 122 or 123A.
(2)The authorised person may—(a)search any part of the property; or(b)inspect, test, photograph or film anything that is in or on the property; or(c)copy a document that is in or on the property; or(d)take samples of or from anything that is in or on the property; or(e)take into or onto the property any persons, equipment and materials that the authorised person reasonably requires for exercising the authorised person’s powers; or(f)require the occupier of the property, or a person in or on the property, to give the authorised person reasonable help to exercise the authorised person’s powers under paragraphs (a) to (e).
(3)An authorised person may exercise a power under subsection (2) only if exercising the power is necessary for the purpose related to the entry of the property.(4)If a person is required to give reasonable help under subsection (2)(f), the person must comply with the requirement, unless the person has a reasonable excuse.Maximum penalty—8 penalty units.(5)If the requirement is to be complied with by the person giving information or producing a document, it is a reasonable excuse for the person to fail to comply with the requirement if complying with the requirement might incriminate the person.s 124 amd 2010 No. 35 s 36125Authorised person to give notice of damage(1)This section applies if—(a)something is damaged by—(i)an authorised person, when the authorised person exercises a power under this division; or(ii)a person who is authorised by an authorised person to take action under this division, when the person takes the action; or
(b)the authorised person considers, on reasonable grounds, that the damage is more than trivial damage.
(2)The authorised person must immediately give written notice of the particulars of the damage to the person who appears to be the owner of the thing that was damaged.(3)However, if for any reason it is not practicable to do so, the authorised person must leave the notice, in a reasonably secure way and in a conspicuous position, at the place where the thing was damaged.(4)The owner of a thing includes a person in possession or control of the thing.(5)If the authorised person believes the damage was caused by a latent defect in the thing, or other circumstances beyond the authorised person’s control, the authorised person may state that in the notice.126Compensation for damage or loss caused after entry(1)If a person incurs damage or loss because of the exercise, or purported exercise, of a power under this division, the council must pay the person compensation.(2)The compensation equals—(a)the amount agreed between the person and the council; or(b)if the person and the council can not agree, the amount that is decided by a court.
(3)The person may claim the compensation in—(a)any proceedings for compensation; or(b)any proceedings brought against the person for an offence against any local government related law.
(4)A court may order compensation to be paid only if the court is satisfied it is just to do so in all the circumstances.(5)A regulation may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to make the order.(6)The court may make any order about costs that the court considers just.Division 2Powers of other persons127What this division is about(1)This division is about the powers that may be used—(a)to enable the council to perform its responsibilities; or(b)to ensure a person complies with this Act, and the other local government related laws, including by complying with a remedial notice.
(2)This division explains the circumstances in which a person is authorised to enter a property under this division, namely—(a)in a potentially dangerous situation, to take urgent action; or(b)to take action in relation to council facilities on the property (including water or sewerage pipes, for example); or(c)with (and in accordance with) the permission of the occupier of the property; or(d)with (and in accordance with) a court order; or(e)with (and in accordance with) a reasonable entry notice.
(3)The following persons may enter a property under this division—(a)if the occupier of the property is not the owner of the property—the owner or the owner’s employee;(b)a council worker.
(4)A council worker is an employee, or agent, of the council who is authorised by the council to act under this division.Note—Not every employee or agent of the council would ordinarily be authorised to act under this division.(5)However, the council may authorise an employee or agent to act under this division only if the employee or agent is appropriately qualified or trained to exercise a power or perform a responsibility under this division.(6)Force must not be used to enter a property under this division, unless the property is entered under a court order that specifically authorises the use of that force.s 127 amd 2012 No. 33 s 33127ANotices for this division(1)A remedial notice is a written notice that requires the owner or occupier of a property to take action under a local government related law in relation to the property (including fencing a pool, for example).(2)A remedial notice may only be given by the council to the person who, under a local government related law, is required to take the action stated in the notice.(3)A reasonable entry notice is a written notice about a proposed entry of a property that—(a)informs the owner or occupier of the property of—(i)who is to enter the property; and(ii)the reason for entering the property; and(iii)the days and times when the property is to be entered; and
(b)is given to the owner or occupier of the property at least 7 days before the property is proposed to be entered.
(4)A remedial notice and a reasonable entry notice may not be combined unless—(a)the owner of the property is also the occupier of the property; or(b)the occupier of the property is the person who, under a local government related law, is required to take the action stated in the remedial notice.
(5)A notice given under this division in contravention of this section is of no effect.s 127A ins 2012 No. 33 s 34128Identity card for use under this division(1)The council is not required to give a council worker an identity card unless the worker is exercising a power of entry under this division.(2)This section does not stop a single identity card being issued to a person for this Act and for another purpose.(3)A person who stops being a council worker must return the person’s identity card to the council within 21 days after stopping being a council worker, unless the person has a reasonable excuse.Maximum penalty for subsection (3)—10 penalty units.s 128 amd 2012 No. 33 s 35129Entry with, and in accordance with, permission of occupier(1)Any person may enter a property with the permission of the occupier of the property.(2)However, the right to enter the property—(a)is subject to any conditions that the occupier imposes (including about the times when the property may be entered, for example); and(b)may be cancelled by the occupier at any time.
130Entry by an owner, with reasonable entry notice, under a remedial notice(1)This section applies if—(a)the council gives a remedial notice to the owner of a property; and(b)the owner is not the occupier of the property.
(2)After the owner gives a reasonable entry notice to the occupier of the property, the owner or the owner’s agent may—(a)enter the property at the times stated in the reasonable entry notice; and(b)take the action that is required under the remedial notice.
(3)If the occupier asks to inspect the remedial notice, the owner must allow the occupier to inspect the remedial notice.(4)This section does not affect any rights that the owner has apart from this section.s 130 amd 2012 No. 33 s 36131Occupier may discharge owner’s obligations(1)This section applies if—(a)the owner of a property fails—(i)to take the action in relation to the property that is required under a remedial notice; or(ii)to pay money that is payable in relation to the property under a local government related law (including rates, for example); and
(b)the occupier of the property is not the owner of the property.
(2)The occupier of the property may—(a)take the action that is required, and recover the amount that the occupier properly and reasonably incurs in taking the action as a debt payable by the owner; or(b)pay the money that is payable, and recover the money as a debt payable by the owner.
(3)For example, if the occupier is the owner’s tenant, the occupier may deduct the money from any rent that the occupier owes the owner, without being in breach of the tenancy agreement.132Entry by a council worker, with reasonable entry notice, under a remedial notice(1)This section applies if—(a)the council gives a remedial notice to the owner or the occupier of a property (the responsible person); and(b)the responsible person fails to take the action required under the remedial notice.
(2)After giving a reasonable entry notice to the occupier of the property, a council worker may—(a)enter the property (other than a home on the property) without the permission of the occupier; and(b)take the action that is required under the remedial notice.
(3)However, the council worker must, as soon as the council worker enters the property—(a)inform any occupier of the property—(i)of the reason for entering the property; and(ii)that the council worker is authorised under this Act to enter the property without the permission of the occupier; and
(b)produce his or her identity card for the occupier of the property to inspect.
(4)The council may recover the amount that the council properly and reasonably incurs in taking the action as a debt payable by the person who failed to take the action.(5)Interest is payable on the debt at the same rate that interest is payable on overdue rates levied by the council.(6)The council must give the person who failed to take the action written notice of the amount of the debt.(7)Subsection (8) applies if the person who failed to take the action is the owner of the property.(8)If the debt is not paid within 30 days after the date of the written notice, the council may recover the debt as if the debt were overdue rates.s 132 amd 2012 No. 33 s 37133Entry by a council worker, with reasonable entry notice, to take materials(1)This section applies if, in the circumstances, the council has no other reasonably practicable way of obtaining materials other than by removing the materials from relevant land.(2)Relevant land means land, other than protected land, that is—(a)within Brisbane; or(b)if the council has the written approval of the Minister, under section 11(4)(b)(i), to exercise its powers outside of Brisbane—outside of Brisbane; or(c)if the council may exercise a power in another local government’s area for the purpose of a joint government activity—within the other local government’s area.
(3)Protected land is land that is—(a)the site of, or curtilage around, a home or other structure; or(b)a court, lawn, park, planted walk or avenue or yard; or(c)under cultivation (including a garden, nursery or plantation, for example); or(d)a State forest or timber reserve under the Forestry Act; or(e)a protected area under the Nature Conservation Act 1992.
(4)After giving a reasonable entry notice to the owner and the occupier of the rateable land, a council worker may—(a)enter the land without the permission of the occupier of the land; and(b)search for materials that the council requires to perform its responsibilities; and(c)remove the materials from the land.
Example—The council may remove dirt from the land for use in mopping up an oil spill on a neighbouring road to prevent the oil entering a stormwater drain.(5)However, the council worker must, as soon as the council worker enters the property—(a)inform any occupier of the property—(i)of the reason for entering the property; and(ii)that the council worker is authorised under this Act to enter the property without the permission of the occupier; and
(b)produce his or her identity card for the occupier of the property to inspect.
(6)The council worker must not search for, or remove materials from, within 50m of any structure or works on the land (including a home, bridge, dam or wharf, for example).s 133 amd 2012 No. 33 s 38134Entry by a council worker, at reasonable times, to repair etc. facilities(1)At all reasonable times, a council worker may enter a property (other than a home on the property) without the permission of the occupier of the property—(a)to investigate the future installation of council facilities on, over or under the property; or(b)to install council facilities on, over or under the property; or(c)to inspect, maintain, operate, repair, replace or remove council facilities, that are on, over or under the property, for their routine operations.
(2)Council facilities are facilities that are installed by the council (including sewerage pipes, for example).(3)However, the council worker must, as soon as the council worker enters the property—(a)inform any occupier of the property—(i)of the reason for entering the property; and(ii)that the council worker is authorised under this Act to enter the property without the permission of the occupier; and
(b)produce his or her identity card for the occupier of the property to inspect.
135Entry by a council worker, at any time, for urgent action(1)A council worker may enter a property (other than a home on the property), at any time without the permission of the occupier of the property, in a potentially dangerous situation to take urgent action for local government purposes.Example—A council worker may enter a property to cut down a tree that was blown over in a storm and is in danger of falling and injuring someone or damaging property.(2)However, the council worker must, as soon as reasonably practicable after the council worker enters the property—(a)inform any occupier of the property—(i)of the reason for entering the property; and(ii)that the council worker is authorised under this Act to enter the property without the permission of the occupier; and
(b)produce his or her identity card for the occupier of the property to inspect.
136Entry with, and in accordance with, a court order(1)A person may enter a property with, and in accordance with, a court order made under this section.(2)The person must apply to a magistrate for the court order.(3)The application must—(a)be in the form approved by the department’s chief executive; and(b)be sworn; and(c)state the grounds on which the court order is sought.
(4)The person must, as soon as practicable, give a copy of the application to—(a)if the person is not the owner of the property—the owner of the property; and(b)the occupier of the property.
(5)The magistrate may refuse to consider the application until the person gives the magistrate all the information that the magistrate requires about the application in the way that the magistrate requires.Example—The magistrate may require additional information supporting the application to be given by statutory declaration.(6)If the magistrate is satisfied that entry to the property is necessary to allow the person to take action under any of the local government related laws, the magistrate may make the court order.(7)The court order must—(a)direct the occupier of the property to allow the person to enter the property and take all action that is necessary under any local government related law; and(b)state the hours of the day or night when the property may be entered; and(c)state the day (within 14 days after the court order is made) when the court order ends.
(8)If the person who applied for the court order is a council worker, the court order may authorise the council worker to use necessary and reasonable help and force to enter the property.(9)The magistrate must record the reasons for making the court order.(10)As soon as the person enters the property under the court order, the person must do, or make a reasonable attempt to do, the following things—(a)inform any occupier of the property—(i)of the reason for entering the property; and(ii)that the person is authorised under the court order to enter the property without the permission of the occupier;
(b)if the court order authorises the person to use force to enter the property—give the occupier a reasonable opportunity to allow the person to immediately enter the property without using force.
137Compensation for damage or loss caused(1)A council worker who enters a property—(a)must not cause, or contribute to, damage to any structure or works on the property; and(b)must take all reasonable steps to ensure the worker causes as little inconvenience, and does as little other damage, as is practicable in the circumstances.
(2)If a person incurs damage or loss because of the exercise, or purported exercise, of a power under this division (including the loss of the value of materials removed from a property, or the reduction in the value of the property, for example), the council must pay the person compensation.(3)The compensation equals—(a)the amount agreed between the person and the council; or(b)if the person and the council can not agree, the amount that is decided by a court.
(4)The court may make any order about costs that the court considers just.138Limitation of time in absence of notice of work done(1)This section applies if work is done on a property without an approval that is required under a local government related law.(2)For the purposes of any limitation of time for taking any proceedings or doing anything else about the work, the work is taken to have been done when a council worker first finds out about the work.Part 3Investigation of council recordsDivision 1Introduction139What this part is aboutThis part is about investigations conducted by the department or the council into the accuracy of the council’s registers or records that are required to be kept under this Act.Division 2Investigations by department140Producing authorised officer’s identity card(1)This section applies if the department’s chief executive directs an authorised officer to exercise a power under this division.(2)The authorised officer may exercise the power, in relation to a person, only if the officer—(a)first produces his or her identity card for the person to inspect; or(b)has his or her identity card displayed so it is clearly visible to the person.
141Making of inquiries for department(1)This section applies if the department’s chief executive suspects or believes, on reasonable grounds, that information included in a register or record of the council is incorrect because of an error or omission.(2)An authorised officer, if directed by the department’s chief executive, may make all inquiries the chief executive considers to be reasonable to find out whether and to what extent the register or record is incorrect.142Power to require information or document for department investigation(1)This section applies if the department’s chief executive suspects or believes, on reasonable grounds, that—(a)either or both of the following apply—(i)information included in a register or record of the council is incorrect because of an error or omission;(ii)an offence against this Act has been committed relating to a register or record; and
(b)a person—(i)is able to give information about the error, omission or offence; or(ii)holds a document relating to the error, omission or offence.
(2)The department’s chief executive or, if directed by the department’s chief executive, an authorised officer may require the person to give the information or produce the document.(3)When making the requirement, the department’s chief executive or authorised officer must warn the person it is an offence to fail to comply with the requirement unless the person has a reasonable excuse.(4)The person must comply with the requirement unless the person has a reasonable excuse.Maximum penalty—40 penalty units.(5)If the person is an individual, it is a reasonable excuse for failing to comply with the requirement that giving the information or producing the document might tend to incriminate the person.(6)It is a defence in a prosecution under subsection (4) that the information or document sought by the department’s chief executive or authorised officer is not relevant to the error, omission or offence.(7)If the person produces the document to the department’s chief executive or authorised officer, the chief executive or officer—(a)may keep the document to take an extract from it or make a copy of it; and(b)must return the document to the person as soon as practicable after taking the extract or making the copy.
Division 3Investigations by council143Producing authorised person’s identity card(1)This section applies if the chief executive officer directs an authorised person to exercise a power under this division.(2)The authorised person may exercise the power, in relation to another person, only if the authorised person—(a)first produces his or her identity card for the other person to inspect; or(b)has his or her identity card displayed so it is clearly visible to the other person.
144Making of inquiries for council(1)This section applies if the chief executive officer suspects or believes, on reasonable grounds, that information included in a register or record of the council is incorrect because of an error or omission.(2)The chief executive officer or, if directed by the chief executive officer, an authorised person may make all inquiries the chief executive officer considers to be reasonable to find out whether and to what extent the register or record is incorrect.145Power to require information or document for council investigation(1)This section applies if the chief executive officer suspects or believes, on reasonable grounds, that—(a)either or both of the following apply—(i)information included in a register or record of the council is incorrect because of an error or omission;(ii)an offence against this Act has been committed relating to a register or record; and
(b)a person—(i)is able to give information about the error, omission or offence; or(ii)holds a document relating to the error, omission or offence.
(2)The chief executive officer or, if directed by the chief executive officer, an authorised person may require the person to give the information or produce the document.(3)When making the requirement, the chief executive officer or authorised person must warn the person it is an offence to fail to comply with the requirement unless the person has a reasonable excuse.(4)The person must comply with the requirement unless the person has a reasonable excuse.Maximum penalty—40 penalty units.(5)If the person is an individual, it is a reasonable excuse for failing to comply with the requirement that giving the information or producing the document might tend to incriminate the person.(6)It is a defence in a prosecution under subsection (4) that the information or document sought by the chief executive officer or authorised person is not relevant to the error, omission or offence.(7)If the person produces the document to the chief executive officer or authorised person, the chief executive or authorised person—(a)may keep the document to take an extract from it or make a copy of it; and(b)must return the document to the person as soon as practicable after taking the extract or making the copy.
146Referral to department(1)This section applies if, because of inquiries made under this division, the chief executive officer concludes on reasonable grounds that an offence has been committed under this Act relating to a register or record.(2)The chief executive officer must report the chief executive officer’s conclusion, including the reasons for the conclusion, to the department’s chief executive.(3)Subsection (2) does not limit any duty the chief executive officer may have under the Crime and Corruption Act to notify the CCC of any complaint, information or matter that the chief executive officer suspects involves, or may involve, corrupt conduct under that Act.s 146 amd 2014 No. 21 s 94 (2) sch 2147Chief executive officer not subject to directionThe chief executive officer is not subject to direction by the mayor in acting under this division.Part 4Offences148Obstructing enforcement of this Act or local laws etc.(1)A person must not obstruct an official in the exercise of a power under this Act or a local law, unless the person has a reasonable excuse.Maximum penalty—50 penalty units.(2)An official is any of the following persons—(a)the Minister;(b)the department’s chief executive;(c)an authorised officer;(d)an investigator;(e)the mayor;(f)the chief executive officer;(g)an authorised person.
(3)A person must not obstruct a council worker in the exercise of a power under chapter 5, part 2, division 2, unless the person has a reasonable excuse.Maximum penalty—50 penalty units.Notes—1Council workers are only those employees and agents of the council who are authorised to act under chapter 5, part 2, division 2.2In particular circumstances a council worker may enter a property and carry out work or obtain materials in compliance with chapter 5, part 2, division 2.
(4)If a person has obstructed an official or council worker and the official or worker decides to proceed with the exercise of the power, the official or worker must warn the person that—(a)it is an offence to obstruct the official or worker, unless the person has a reasonable excuse; and(b)the official or worker considers the person’s conduct an obstruction.
(5)A person must not pull down, damage, deface or destroy a board or anything else that is displaying a local law, order, notice or other matter authorised by the council.Maximum penalty for subsection (5)—35 penalty units.s 148 amd 2012 No. 33 s 39149Impersonating an authorised personA person must not pretend to be an authorised person.Maximum penalty—50 penalty units.150Duty to make documents availableA person who has charge of a document owned or held by the council must not obstruct the viewing or copying of the document by another person who is authorised to view or copy the document under this Act.Examples—•preventing a councillor from copying a council record under section 172•preventing the public from viewing a record under section 183A(2)
Maximum penalty—10 penalty units.s 150 amd 2012 No. 33 s 192 schChapter 6AdministrationPart 1Introduction151What this chapter is about(1)This chapter contains provisions about—(a)persons who are elected or appointed to perform responsibilities under this Act; and(b)bodies that perform responsibilities under this Act.
(2)For example, this chapter contains provisions about—(a)qualifications for election or appointment; and(b)acting appointments; and(c)conditions of appointment; and(d)ending appointments.
Part 2CouncillorsDivision 1Qualifications of councillors152Qualifications of councillorsA person is qualified to be a councillor of the council only if the person—(a)is an adult Australian citizen; and(b)resides in Brisbane; and(c)is, under the Electoral Act, enrolled on an electoral roll for an electoral district in Brisbane; and(d)is not disqualified from being a councillor because of a section in this division.Note—See the Local Government Electoral Act 2011, section 26 about who may be nominated as a candidate, or for appointment, as a councillor.
s 152 amd 2013 No. 60 s 4153Disqualification for certain offences(1)A person can not be a councillor—(a)after the person is convicted of a treason offence, unless the person is pardoned for the treason offence; or(b)for 10 years after the person is convicted of an electoral offence; or(c)for 7 years after the person is convicted of a serious integrity offence; or(d)for 4 years after the person is convicted of an integrity offence.
(2)A treason offence is an offence of treason, sedition or sabotage under the law of Queensland, another State or the Commonwealth.(3)An electoral offence is—(a)a disqualifying electoral offence under the Electoral Act; or(b)an offence that would be a disqualifying electoral offence had the conviction been recorded after the commencement of the Electoral and Other Acts Amendment Act 2002.
(4)A serious integrity offence is an offence against—(a)a provision of a law mentioned in schedule 1, part 1 if, for a circumstance stated for the offence (if any), the stated circumstance applies to the offence; or(b)a provision of a law of another State or the Commonwealth that corresponds to a provision mentioned in paragraph (a).
(5)An integrity offence is an offence against a provision of a law mentioned in schedule 1, part 2 if, for a circumstance stated for the offence (if any), the stated circumstance applies to the offence.(6)A person automatically stops being a councillor when the person is convicted of any of the following offences (each a disqualifying offence)—(a)a treason offence; or(b)an electoral offence; or(c)a serious integrity offence; or(d)an integrity offence.
(7)A person is taken to have been convicted of an offence—(a)if the person appeals the conviction—when the appeal is dismissed, struck out or discontinued; or(b)if the person does not appeal the conviction—at the end of the time within which an appeal must by law be started.
s 153 amd 2011 No. 27 s 247; 2013 No. 60 s 5; 2018 No. 9 s 4154Disqualification of prisoners(1)A person can not be a councillor while the person is a prisoner.(2)A prisoner is a person who—(a)is serving a period of imprisonment; or(b)is liable to serve a period of imprisonment, even though the person has been released from imprisonment (on parole or leave of absence, for example); or(c)would be serving a term of imprisonment had the term of imprisonment not been suspended under the Penalties and Sentences Act 1992, section 144.
(3)A person automatically stops being a councillor when the person becomes a prisoner.s 154 amd 2014 No. 44 s 4155Disqualification because of other high office(1)A person can not be a councillor while the person is a government member.(2)A government member is—(a)a member of a Parliament of the Commonwealth or a State (including Queensland); or(b)a councillor of a local government of another State.
(3)A person automatically stops being a councillor when the person becomes a government member.s 155 amd 2012 No. 33 s 40156Disqualification during bankruptcy(1)A person can not be a councillor while the person is a bankrupt.(2)A person is a bankrupt if, under a bankruptcy law—(a)the person is an undischarged bankrupt; or(b)the person has executed a deed of arrangement, and the terms of the deed have not been fully complied with; or(c)the person’s creditors have accepted a composition, and a final payment has not been made under the composition.
(3)A bankruptcy law is—(a)the Bankruptcy Act 1966 (Cwlth); or(b)a corresponding law of another jurisdiction, including a jurisdiction outside Australia.
(4)A person automatically stops being a councillor when the person becomes a bankrupt.157Judicial review of qualifications(1)Any person who is entitled to vote in a council election may apply for a judicial review of the eligibility, or continued eligibility, of a person to be a councillor on the basis that the person is disqualified under this division.(2)This section does not limit the Judicial Review Act.158Acting as councillor without authorityA person must not act as a councillor if the person knows that—(a)the person is not qualified to be a councillor; or(b)the person’s office as a councillor has been vacated; or(c)the person is suspended as a councillor.
Maximum penalty—85 penalty units.s 158 amd 2018 No. 9 s 4A158A Councillor must give notice of disqualification(1)This section applies if a councillor becomes aware the councillor is not qualified to be a councillor under this division.(2)The councillor must immediately give a written notice that complies with subsection (3) to each of the following, unless the councillor has a reasonable excuse—(a)the Minister;(b)if the councillor is not the mayor—the mayor;(c)the chief executive officer.
Maximum penalty—100 penalty units.(3)For subsection (2), the notice must state—(a)details about why the councillor is not qualified to be a councillor under this division; and(b)the day the councillor became disqualified.
s 158A ins 2018 No. 9 s 4BDivision 2Councillor’s term of office159When a councillor’s term startsA councillor’s term starts on—(a)if the councillor is elected—the day after the conclusion of the councillor’s election; or(b)if the councillor is appointed—the day on which the councillor is appointed.
160When a councillor’s term endsA councillor’s term ends—(a)if the councillor is elected at quadrennial elections for the council or at a fresh election—at the conclusion of the next quadrennial elections; or(b)if the councillor is elected at a fresh election and a declaration is also made under a regulation—at the conclusion of the quadrennial elections after the next quadrennial elections; or(c)if the councillor is elected or appointed to fill a vacancy in the office of another councillor—at the end of the other councillor’s term; or(d)when the councillor’s office becomes otherwise vacant.Note—See section 162 for an explanation of when this happens.
160ACompulsory leave without payA councillor must take leave without pay for the duration of the period for which the councillor is a candidate, within the meaning of the Electoral Act, for election as a member of the Legislative Assembly.s 160A ins 2012 No. 33 s 41amd 2014 No. 44 s 113 sch 1Division 3Vacancies in councillor’s office161What this division is about(1)This division is about when a councillor’s office becomes vacant, and the way in which the vacancy is to be filled.(2)The way in which a vacancy is to be filled depends on—(a)whether the vacancy is in the office of the mayor or of another councillor; and(b)if the vacancy is in the office of another councillor—whether the office becomes vacant during the beginning, middle or end of the council’s term.
(3)The beginning of the council’s term is the period of 12 months that—(a)starts on the day when the last quadrennial elections were held; and(b)ends on the day before the first anniversary of the last quadrennial elections.
(4)The middle of the council’s term is the period of 24 months that—(a)starts on the first anniversary of the last quadrennial elections; and(b)ends on the day before the final part of the council’s term starts.
(5)The final part of the council’s term is the period that—(a)starts 36 months after the last quadrennial elections were held; and(b)ends on the day before the next quadrennial elections are held.
162When a councillor’s office becomes vacantA councillor’s office becomes vacant if the councillor—(a)ceases to be qualified to be a councillor under division 1; or(b)is found, on a judicial review, to be ineligible to continue to be a councillor; or(c)does not comply with section 169; or(d)is absent, without the council’s leave, from 2 or more consecutive ordinary meetings of the council over at least 2 months; or(e)resigns as a councillor by signed notice of resignation given to the chief executive officer; or(f)dies; or(g)becomes a council employee.
163When a vacancy in an office must be filled(1)This section explains when a vacant office of a councillor (including the mayor) must be filled.(2)If a councillor’s office (other than the mayor’s office) becomes vacant 12 months or more before quadrennial elections are required to be held, the council must fill the vacant office.(3)If the mayor’s office becomes vacant before quadrennial elections are required to be held, the council must fill the vacant office.(4)The council must fill the vacant office within 2 months after the office becomes vacant.(5)If the council does not do so, the Governor in Council may appoint a qualified person to fill the vacant office.(6)If a councillor’s office (other than the mayor’s office) becomes vacant within 3 months of when quadrennial elections are required to be held, the council may decide not to fill the vacant office.164Filling a vacancy in the office of mayor(1)This section applies if the council is to fill a vacant office of a mayor.(2)The vacant office must be filled by—(a)if the mayor’s office becomes vacant 12 months or less before quadrennial elections are required to be held—the council appointing, by resolution, another councillor to the office; or(b)otherwise—a by-election.
s 164 amd 2011 No. 27 s 248165Acting mayor(1)The deputy mayor acts for the mayor during—(a)the absence or temporary incapacity of the mayor; or(b)a vacancy in the office of mayor.
(2)If—(a)the office of mayor is vacant and the deputy mayor is prevented, by absence or temporary incapacity, from acting as the mayor; or(b)the mayor and deputy mayor are both prevented, by absence or temporary incapacity, from performing the role of mayor; or(c)the offices of both the mayor and deputy mayor are vacant;
the council may, by resolution, appoint an acting mayor from its councillors.(3)The council may, by resolution, declare that the office of deputy mayor is vacant.(4)The resolution may be passed only if written notice of the resolution has been given to the councillors at least 14 days before the meeting.(5)If the council declares that the office of deputy mayor is vacant, it must immediately appoint another deputy mayor from its councillors.166Filling a vacancy in the office of another councillor(1)This section applies if the council is to fill a vacant office of a councillor (the former councillor) who is not the mayor.(2)If the office becomes vacant during the beginning or middle of the council’s term, the vacant office must be filled by a by-election.(3)If the office becomes vacant during the final part of the council’s term, the vacant office must be filled by the council appointing, by resolution, a person who is—(a)qualified to be a councillor; and(b)if the former councillor was elected or appointed to office as a political party’s nominee—the political party’s nominee.
(4)If the person who is to be appointed is to be the political party’s nominee, the chief executive officer must request the political party to advise the full name and address of its nominee.(5)The request must be made by a written notice given to the political party’s registered officer, within 14 days after the office becomes vacant.(6)If the person who is to be appointed need not be a political party’s nominee, the chief executive officer must, within 14 days after the office becomes vacant, invite nominations from—(a)any person who is qualified to be a councillor, by written notice published—(i)in a newspaper that is circulating generally in Brisbane; and(ii)on the council’s website; and
(b)each person who was a candidate for the office of the former councillor at the last quadrennial elections for the council, by written notice.
(7)If the chief executive officer receives any nominations from qualified persons or candidates, the council must fill the vacant office by appointing one of those persons or candidates.s 166 amd 2011 No. 27 s 249Division 4Councillors with other jobs167Councillors and council jobsIf a person becomes a councillor while the person is a council employee, the person is taken to have resigned as a council employee on the day before the person becomes a councillor.168Councillors and full-time government jobss 168 om 2012 No. 33 s 42Division 5Obligations of councillors169Obligations of councillors before acting in office(1)A councillor must not act in office until the councillor makes the declaration of office.(2)The declaration of office is a declaration prescribed under a regulation.(3)The chief executive officer is authorised to take the declaration of office.(4)The chief executive officer must keep a record of the taking of the declaration of office.(5)A person ceases to be a councillor if the person does not comply with subsection (1) within—(a)1 month after being appointed or elected; or(b)a longer period allowed by the Minister.
170Giving directions to council staff(1)The mayor may give a direction to the chief executive officer or senior contract employees.(2)No councillor, including the mayor, may give a direction to any other council employee.171Requests for assistance or information(1)A councillor may ask a council employee to provide advice to assist the councillor to carry out his or her responsibilities under this Act.(2)A councillor may, subject to any limits prescribed under a regulation, ask the chief executive officer to provide information that the council has access to.Example of a limit prescribed under a regulation—A regulation may prescribe the maximum cost to the council of providing information to a councillor.(3)Subsection (2) does not apply to information—(a)that is a record of the BCC councillor conduct review panel; or(b)if disclosure of the information to the councillor would be contrary to an order of a court or tribunal; or(c)that would be privileged from production in a legal proceeding on the ground of legal professional privilege.
(4)A request of a councillor under subsection (1) or (2) is of no effect if the request—(a)relates to any ward other than the ward the councillor represents; and(b)does not comply with the acceptable requests guidelines.
(5)Subsection (4) does not apply to—(a)the mayor; or(b)the chairperson of the council if the request relates to the role of the chairperson; or(c)the chairperson of a committee of the council if the request relates to the role of the chairperson.
(6)In this section a council employee includes a person prescribed under a regulation.(7)The chief executive officer must make all reasonable endeavours to comply with a request under subsection (2).Maximum penalty for subsection (7)—10 penalty units.s 171 sub 2012 No. 33 s 43172Inspection of particular records by councillors(1)A councillor may view and make a copy of, or take an extract from, council records.Note—The Right to Information Act 2009 also provides for access to information.(2)Council records include documents created by or kept by the council about its operations, whether or not the records must be available to be viewed by the public.(3)Subsection (1) does not apply to any of the following—(a)a record of the BCC councillor conduct review panel;(b)a record that would be privileged from production in a legal proceeding on the ground of legal professional privilege;(c)for a councillor who is not a member of a statutory committee of the council—a record of the statutory committee of the council;(d)another record if—(i)disclosure of the record would be contrary to an order of a court or tribunal; or(ii)release of the record could endanger the security of assets of the council or the public.
173Use of information by councillors(1)A person who is, or has been, a councillor must not use information that was acquired as a councillor to—(a)gain, directly or indirectly, a financial advantage for the person or someone else; or(b)cause detriment to the council.
Maximum penalty—100 penalty units or 2 years imprisonment.(2)Subsection (1) does not apply to information that is lawfully available to the public.(3)A councillor must not release information that the councillor knows, or ought reasonably to know, is information that is confidential to the council.Note—A contravention of this subsection is misconduct that may be dealt with by the BCC councillor conduct review panel.s 173 amd 2012 No. 33 s 44173AProhibited conduct by councillor in possession of inside information(1)This section applies to a person (the insider) who is, or has been, a councillor if the insider—(a)acquired inside information as a councillor; and(b)knows, or ought reasonably to know, that the inside information is not generally available to the public.
(2)The insider must not cause the purchase or sale of an asset if knowledge of the inside information would be likely to influence a reasonable person in deciding whether or not to buy or sell the asset.Maximum penalty—1,000 penalty units or 2 years imprisonment.(3)The insider must not cause the inside information to be provided to another person the insider knows, or ought reasonably to know, may use the information in deciding whether or not to buy or sell an asset.Maximum penalty—1,000 penalty units or 2 years imprisonment.(4)In this section—cause, in relation to an action, includes the following—(a)carry out the action;(b)instigate the action;(c)direct, or otherwise influence, another person to carry out or instigate the action.
corporate entity means a corporation that is owned by the council.inside information, in relation to the council, means information about any of the following—(a)the operations or finances of the council (including any business activity of the council) or any of its corporate entities;(b)a proposed policy of the council (including proposed changes to an existing policy);(c)a contract entered into, or proposed to be entered into, by the council or any of its corporate entities;(d)a tender process being conducted by or for the council or any of its corporate entities;(e)a decision, or proposed decision, of the council or any of its committees;(f)the exercise of a power, under a local government related law, by the council, a councillor or a council employee;(g)the exercise of a power, under an Act, by the State, a Minister, a statutory body or an employee of the State or statutory body, that affects the council, any of its corporate entities or land or infrastructure within Brisbane;(h)any legal or financial advice created for the council, any of its committees or any of its corporate entities.
s 173A ins 2012 No. 33 s 45173BObligation of councillor to correct register of interests(1)This section applies if—(a)a councillor has an interest that must be recorded in a register of interests under a regulation in relation to the councillor or a person who is related to the councillor; or(b)there is a change to an interest recorded in a register of interests under a regulation in relation to a councillor or a person who is related to a councillor.
Note—See the City of Brisbane Regulation 2012, chapter 8, part 5.(2)The councillor must, in the approved form, inform the chief executive officer of the particulars of the interest or the change to the interest within 30 days after the interest arises or the change happens.Maximum penalty—(a)if the councillor fails to comply with subsection (2) intentionally—100 penalty units; or(b)otherwise—85 penalty units.
Note—Under section 153(5), an offence against subsection (2) is an integrity offence if a person is convicted of an offence to which paragraph (a) of the penalty applies.(3)For subsection (1), a person is related to a councillor if—(a)the person is the councillor’s spouse; or(b)the person is totally or substantially dependent on the councillor and—(i)the person is the councillor’s child; or(ii)the person’s affairs are so closely connected with the affairs of the councillor that a benefit derived by the person, or a substantial part of it, could pass to the councillor.
s 173B ins 2013 No. 60 s 6174s 174 amd 2012 No. 33 s 46om 2018 No. 9 s 5175s 175 sub 2011 No. 27 s 250amd 2012 No. 33 s 47om 2018 No. 9 s 5176Duty to report another councillor’s material personal interest, conflict of interest or misconducts 176 om 2012 No. 33 s 48177Post-election meetings(1)The council must hold a meeting within 14 days after—(a)the conclusion of each quadrennial election; and(b)the conclusion of a fresh election of its councillors.
(2)The council must, by resolution, appoint a deputy mayor from its councillors (other than the mayor)—(a)at that meeting; and(b)at the first meeting after the office of the councillor who is the deputy mayor becomes vacant.
Division 5ADealing with councillors’ personal interests in council mattersdiv hdg ins 2018 No. 9 s 6177A Purpose of divisionThe purpose of this division is to ensure the personal interests of councillors are dealt with in an accountable and transparent way that meets community expectations, if the interests relate to matters to be considered—(a)at a meeting of the council or any of its committees; or(b)by a council employee or contractor of the council authorised to deal with the matter.
s 177A ins 2018 No. 9 s 6177B Meaning of material personal interest(1)A councillor has a material personal interest in a matter if any of the following stand to gain a benefit, or suffer a loss, (either directly or indirectly) depending on the outcome of consideration of the matter—(a)the councillor;(b)a spouse of the councillor;(c)a parent, child or sibling of the councillor;(d)a person who is in a partnership with the councillor;(e)an employer, other than a government entity, of the councillor;(f)an entity, other than a government entity, of which the councillor is a member;(g)another entity prescribed by regulation.
(2)However, a councillor does not have a material personal interest in the matter if the councillor, or another person or entity mentioned in subsection (1), stands to gain a benefit or suffer a loss that is no greater than that of other persons in Brisbane.(3)Subsection (1)(c) only applies to a councillor if the councillor knows, or ought reasonably to know, that the councillor’s parent, child or sibling stands to gain a benefit or suffer a loss.s 177B ins 2018 No. 9 s 6177C Councillor’s material personal interest at a meeting(1)This section applies if—(a)a matter is to be discussed at a meeting of the council or any of its committees; and(b)the matter is not an ordinary business matter; and(c)a councillor has a material personal interest in the matter.
(2)The councillor must—(a)inform the meeting of the councillor’s material personal interest in the matter, including the following particulars about the interest— (i)the name of the person or other entity who stands to gain a benefit, or suffer a loss, depending on the outcome of the consideration of the matter at the meeting; (ii)how the person or other entity stands to gain the benefit or suffer the loss; (iii)if the person or other entity who stands to gain the benefit or suffer the loss is not the councillor—the nature of the councillor’s relationship to the person or entity; and
(b)leave the place at which the meeting is being held, including any area set aside for the public, and stay away from the place while the matter is discussed and voted on.
Maximum penalty—(a)if the councillor votes on the matter with an intention to gain a benefit, or avoid a loss, for the councillor or another person or entity—200 penalty units or 2 years imprisonment; or(b)otherwise—85 penalty units.
(3)If a majority of the councillors at a meeting of the council inform the meeting about a material personal interest in a matter under subsection (2)(a), the council must delegate deciding the matter under section 238, unless deciding the matter can not be delegated under that section.(4)A councillor does not contravene subsection (2) by participating in the meeting, or being present while the matter is discussed and voted on, if the councillor’s participation or presence—(a)is for the purpose of delegating deciding the matter under subsection (3); or(b)is approved under section 177F and the councillor complies with the conditions of the approval.
s 177C ins 2018 No. 9 s 6177D Meaning of conflict of interest(1)A conflict of interest is a conflict that—(a)is between—(i)a councillor’s personal interests; and(ii)the public interest; and
(b)might lead to a decision that is contrary to the public interest.
(2)However, a councillor does not have a conflict of interest in a matter—(a)merely because of—(i)an engagement with a community group, sporting club or similar organisation undertaken by the councillor in the councillor’s capacity as a councillor; or(ii)membership of a political party; or(iii)membership of a community group, sporting club or similar organisation if the councillor is not an office holder for the group, club or organisation; or(iv)the councillor’s religious beliefs; or(v)the councillor having been a student of a particular school or the councillor’s involvement with a school as a parent of a student at the school; or
(b)if the councillor has no greater personal interest in the matter than that of other persons in Brisbane.
(3)Also, a councillor who is nominated by the council to be a member of a board of a corporation or other association does not have a personal interest in matters relating to the corporation or association merely because of the nomination or appointment as a member.s 177D ins 2018 No. 9 s 6177E Councillor’s conflict of interest at a meeting(1)This section applies if—(a)a matter is to be discussed at a meeting of the council or any of its committees; and(b)the matter is not an ordinary business matter; and(c)a councillor at the meeting—(i)has a conflict of interest in the matter (a real conflict of interest); or(ii)could reasonably be taken to have a conflict of interest in the matter (a perceived conflict of interest).
(2)The councillor must inform the meeting about the councillor’s personal interests in the matter, including the following particulars about the interests—(a)the nature of the interests;(b)if the councillor’s personal interests arise because of the councillor’s relationship with, or receipt of a gift from, another person—(i)the name of the other person; and(ii)the nature of the relationship or value and date of receipt of the gift; and(iii)the nature of the other person’s interests in the matter.
Maximum penalty—100 penalty units or 1 year’s imprisonment.(3)Subsection (4) applies if—(a)the other councillors who are entitled to vote at the meeting are informed about a councillor’s personal interests in a matter by the councillor or another person; and(b)the councillor has not voluntarily left, and stayed away from, the place where the meeting is being held while the matter is discussed and voted on.
(4)Subject to subsection (6), the other councillors must decide—(a)whether the councillor has a real conflict of interest or perceived conflict of interest in the matter; and(b)if they decide the councillor has a real conflict of interest or perceived conflict of interest in the matter—whether the councillor—(i)must leave the place at which the meeting is being held, including any area set aside for the public, and stay away from the place while the matter is discussed and voted on; or(ii)may participate in the meeting in relation to the matter, including by voting on the matter.
(5)The councillor must comply with a decision under subsection (4) that the councillor must leave and stay away from the place.Maximum penalty—100 penalty units or 1 year’s imprisonment.(6)If a majority of the councillors at a meeting of the council inform the meeting about personal interests in the matter under subsection (2), the council must delegate deciding the matter under section 238, unless deciding the matter can not be delegated under that section.(7)A councillor does not contravene subsection (5) by participating in the meeting, or being present while the matter is discussed and voted on, if the councillor’s participation or presence—(a)is for the purpose of delegating deciding the matter under subsection (6); or(b)is approved under section 177F and the councillor complies with the conditions of the approval.
(8)In this section—gift means a gift that is required, under a regulation, to be recorded in a register of interests.s 177E ins 2018 No. 9 s 6177F Minister’s approval for councillor to participate or be present to decide matter(1)The Minister may, by signed notice given to a councillor, approve the councillor participating in a meeting, or being present while a matter is discussed and voted on, if—(a)the matter could not otherwise be decided at the meeting because of—(i)the number of councillors subject to the obligation under section 177C(2)(b); or(ii)section 177E(6); and
(b)deciding the matter can not be delegated under section 238.
(2)The Minister may give the approval subject to conditions stated in the notice.s 177F ins 2018 No. 9 s 6177G Duty to report another councillor’s material personal interest or conflict of interest at a meeting(1)This section applies if—(a)a matter is to be discussed at a meeting of the council or any of its committees; and(b)the matter is not an ordinary business matter; and(c)a councillor at the meeting believes, or suspects, on reasonable grounds that another councillor at the meeting has a material personal interest, real conflict of interest or perceived conflict of interest in the matter; and(d)the other councillor has not informed the meeting about the interest under section 177C(2) or 177E(2).
(2)The councillor who has the belief or suspicion must, as soon as practicable, inform the person who is presiding at the meeting about—(a)the belief or suspicion; and(b)the facts and circumstances that form the basis of the belief or suspicion.
Note—Contravention of subsection (2) is misconduct that could result in disciplinary action being taken against a councillor. See sections 178(3)(c) and 183.s 177G ins 2018 No. 9 s 6177H Offence to take retaliatory actionA person must not, because a councillor complied with section 177G(2)—(a)prejudice, or threaten to prejudice, the safety or career of the councillor or another person; or(b)intimidate or harass, or threaten to intimidate or harass, the councillor or another person; or(c)take any action that is, or is likely to be, detrimental to the councillor or another person.
Maximum penalty—167 penalty units or 2 years imprisonment.s 177H ins 2018 No. 9 s 6177I Offence for councillor with material personal interest or conflict of interest to influence others(1)This section applies to a councillor who has a material personal interest, real conflict of interest or perceived conflict of interest in a matter, other than an ordinary business matter.(2)The councillor must not influence, or attempt to influence, another councillor to vote on the matter in a particular way at a meeting of the council or any of its committees.Maximum penalty—200 penalty units or 2 years imprisonment.(3)The councillor must not influence, or attempt to influence, a council employee or a contractor of the council who is authorised to decide or otherwise deal with the matter to do so in a particular way.Maximum penalty—200 penalty units or 2 years imprisonment.(4)A councillor does not commit an offence against subsection (2) or (3) merely by participating in a meeting of the council or any of its committees about the matter, including by voting on the matter, if the participation is authorised under—(a)a decision mentioned in section 177E(4)(b)(ii); or(b)an approval under section 177F.
s 177I ins 2018 No. 9 s 6177J Records about material personal interests and conflicts of interests at meetings(1)If section 177C applies to a matter to be discussed at a meeting of the council or any of its committees, the following information must be recorded in the minutes of the meeting and on the council’s website—(a)the name of the councillor who has a material personal interest in the matter;(b)the material personal interest, including the particulars mentioned in section 177C(2)(a) as described by the councillor;(c)whether the councillor participated in the meeting, or was present during the meeting, under an approval under section 177F.
(2)If section 177E applies to a matter to be discussed at a meeting of the council or any of its committees, the following must be recorded in the minutes of the meeting and on the council’s website—(a)the name of the councillor who has a real conflict of interest or perceived conflict of interest in the matter;(b)the councillor’s personal interests in the matter, including the particulars mentioned in section 177E(2) as described by the councillor;(c)the decisions made under section 177E(4) and the reasons for the decisions;(d)whether the councillor participated in the meeting, or was present during the meeting, under an approval under section 177F;(e)if the councillor voted on the matter—how the councillor voted on the matter;(f)how the majority of councillors who were entitled to vote at the meeting voted on the matter.
s 177J ins 2018 No. 9 s 6Division 6Conduct and performance of councillors178What this division is about(1)This division is about dealing with complaints about the conduct and performance of councillors, to ensure—(a)appropriate standards of conduct and performance are maintained; and(b)a councillor who engages in inappropriate conduct or misconduct is appropriately disciplined.
(2)However, this division does not apply to the conduct of councillors at a meeting of the council or its committees, other than a failure of a councillor to comply with a direction to leave a meeting of the council or its committees made by the chairperson of the meeting.Note—The rules of procedure deal with the conduct of participants at meetings of the council or its committees.(3)Misconduct is conduct, or a conspiracy or attempt to engage in conduct, of or by a councillor—(a)that adversely affects, or could adversely affect, (either directly or indirectly) the honest and impartial performance of the councillor’s responsibilities or exercise of the councillor’s powers; or(b)that is or involves—(i)the performance of the councillor’s responsibilities, or the exercise of the councillor’s powers, in a way that is not honest or is not impartial; or(ii)a breach of the trust placed in the councillor; or(iii)a misuse of information or material acquired in or in connection with the performance of the councillor’s responsibilities, whether the misuse is for the benefit of the councillor or someone else; or(iv)a refusal by the councillor to comply with a direction or order of the BCC councillor conduct review panel about the councillor; or(v)a failure of the councillor to comply with a direction to leave a meeting of the council or its committees made by the chairperson of the meeting; or
(c)that contravenes section 173(3) or 177G(2).
(4)Inappropriate conduct is conduct of or by a councillor that is not appropriate conduct for a representative of the council, but is not misconduct.(5)It is irrelevant whether the conduct that constitutes misconduct or inappropriate conduct was engaged in—(a)within Queensland or elsewhere; or(b)when the councillor was not exercising the responsibilities of a councillor.
(6)The BCC councillor conduct review panel is a body, created under this Act, that is responsible for hearing and deciding a complaint of misconduct or inappropriate conduct by a councillor.(7)To remove any doubt, it is declared that a councillor may be dealt with for an act or omission that constitutes misconduct under this Act, and also be dealt with for the same act or omission—(a)as the commission of an offence; or(b)under the Crime and Corruption Act.
(8)A decision under this division by any of the following persons is not subject to appeal—(a)the BCC councillor conduct review panel;(b)the department’s chief executive;(c)the chief executive officer.
Note—See section 226 for more information.s 178 amd 2011 No. 27 s 251sub 2012 No. 33 s 49amd 2014 No. 21 s 94 (2) sch 2; 2018 No. 9 s 7178AApplication to former councillors(1)This division applies to a complaint about the conduct of a person who is no longer a councillor if—(a)the person was a councillor when the relevant conduct is alleged to have happened; and(b)the complaint is made within 2 years after the person stopped being a councillor.
(2)However, an entity dealing with the complaint under this division may decide to take no further action in relation to the complaint, despite any contrary requirement of this division, if the entity considers the decision is in the public interest.(3)An entity that makes a decision under subsection (2) must give the entity that made the complaint, and the accused person, a written notice that states—(a)no further action will be taken in relation to the complaint; and(b)the reasons for the decision.
(4)For applying this division to a complaint about a person who is no longer a councillor, a reference to a councillor is taken to be a reference to the person.s 178A ins 2012 No. 33 s 49179Preliminary assessments of complaints(1)This section applies if any of the following make or receive a complaint about the conduct or performance of a councillor—(a)the council;(b)the department’s chief executive;(c)the chief executive officer.
(2)If the chief executive officer makes the complaint—(a)the person who receives the complaint must refer the complaint to the department’s chief executive; and(b)the department’s chief executive must conduct a preliminary assessment of the complaint.
(3)If any other entity makes the complaint—(a)the person who receives the complaint must refer the complaint to the chief executive officer; and(b)the chief executive officer must conduct a preliminary assessment of the complaint.
(4)A preliminary assessment is an assessment of a complaint about the conduct or performance of a councillor to decide whether the complaint—(a)is about a frivolous matter or was made vexatiously; or(b)is about inappropriate conduct, misconduct, corrupt conduct under the Crime and Corruption Act or another matter (including a general complaint against the council, for example); or(c)is lacking in substance.
(5)This section does not apply to a complaint about corrupt conduct referred to the department’s chief executive by the CCC.(6)A complaint about the conduct of councillors at a meeting of the council or its committees is of no effect.s 179 sub 2012 No. 33 s 49amd 2013 No. 60 s 7; 2014 No. 21 s 94 (2) sch 2180Action after preliminary assessments(1)This section applies if the chief executive officer or the department’s chief executive (each a complaints assessor) conducts a preliminary assessment of a complaint about the conduct or performance of a councillor.(2)The complaints assessor may decide no further action need be taken in relation to the complaint if the preliminary assessment is—(a)that the complaint is about a frivolous matter or was made vexatiously; or(b)that the complaint is lacking in substance.
(3)If the preliminary assessment is that the complaint is about misconduct or inappropriate conduct, the complaints assessor must refer the complaint to the BCC councillor conduct review panel.(4)If the preliminary assessment is that the complaint is about corrupt conduct under the Crime and Corruption Act, the complaints assessor must deal with the complaint under that Act.(5)If the preliminary assessment is that the complaint is about another matter, the complaints assessor must deal with the complaint in an appropriate way.(6)After acting under subsection (2) to (5), the complaints assessor must give the entity that made the complaint, and the accused councillor, a written notice that states—(a)the type of complaint that the assessor has assessed the complaint as; and(b)the action (if any) that is proposed to be taken in relation to the complaint; and(c)if the complaint was about a frivolous matter, was made vexatiously or was lacking in substance—that it is an offence under subsection (7) for a person to make a complaint that is substantially the same as a complaint that the person has previously made.
(7)A person must not make a complaint about the conduct or performance of a councillor if—(a)the complaint is substantially the same as a complaint that the person has previously made; and(b)the complaints assessor has given the person a notice that complies with subsection (6).
Maximum penalty for subsection (7)—10 penalty units.s 180 amd 2010 No. 38 s 78 sch 3; 2011 No. 27 s 252sub 2012 No. 33 s 49amd 2014 No. 21 s 94 (2) sch 2180APreliminary dealings with complaints before hearing(1)This section applies if the chief executive officer or the department’s chief executive refers a complaint to the BCC councillor conduct review panel.(2)The BCC councillor conduct review panel may, without conducting a hearing of the complaint, order the complaint, or a part of the complaint, be dismissed or struck out if the panel considers the complaint or part is—(a)frivolous, vexatious or misconceived; or(b)lacking in substance; or(c)otherwise an abuse of process.
(3)If the BCC councillor conduct review panel acts under subsection (2), the panel must give written notice of the order to the chief executive officer or the department’s chief executive, the accused councillor and the entity that made the complaint.(4)Subsection (5) applies if the complainant is also a councillor.(5)Before conducting a hearing of the complaint—(a)the BCC councillor conduct review panel must require the complainant to appear before the panel to confirm the complaint; and(b)the complainant must comply with the requirement made under paragraph (a).
(6)Despite section 178(3) and (4), a failure of a councillor to comply with a requirement under subsection (5)(a) is not misconduct or inappropriate conduct.s 180A ins 2011 No. 27 s 253amd 2012 No. 33 s 50181Notifying councillor of the hearing of a complaint(1)At least 7 days before the hearing of a complaint by the BCC councillor conduct review panel, the panel must give the accused councillor a written notice about the hearing.(2)The notice must state—(a)the misconduct or inappropriate conduct that is alleged to have been engaged in by the councillor; and(b)the time and date when the hearing is to begin; and(c)the place where the complaint is to be heard.
(3)If all reasonable attempts to give the notice to the councillor have failed, the entity giving the notice may—(a)publish the notice, at least 7 days before the hearing is to begin—(i)in a newspaper that is circulating in Brisbane; and(ii)on the department’s website; or
(b)direct the council to publish the notice on its website at least 7 days before the hearing is to begin.
s 181 amd 2011 No. 8 s 8; 2011 No. 27 s 254182Hearing and deciding complaints(1)This section is about the hearing of a complaint of misconduct or inappropriate conduct by the BCC councillor conduct review panel.(2)The BCC councillor conduct review panel may hear complaints about a number of councillors in the same hearing, unless the defence of any of the councillors may be prejudiced.(3)The hearing must be conducted in the way set out in chapter 7, part 1.(4)The BCC councillor conduct review panel may decide all or part of the hearing from the documents brought before it, without the parties or the witnesses appearing, if—(a)the panel considers it appropriate in all the circumstances; or(b)the parties agree.
(5)The standard of proof in the hearing is the balance of probabilities.(6)The BCC councillor conduct review panel must keep a written record of the hearing, in which it records—(a)the statements of the councillor and all witnesses; and(b)any reports relating to the councillor that are tendered at the hearing.
s 182 amd 2011 No. 8 s 9amd 2012 No. 33 s 51183Taking disciplinary action—BCC councillor conduct review panel(1)This section applies if the BCC councillor conduct review panel decides, after hearing a complaint, that a councillor engaged in misconduct or inappropriate conduct.(2)The BCC councillor conduct review panel may make any 1 or more of the following orders or recommendations that it considers appropriate in view of the circumstances relating to the misconduct or inappropriate conduct—(a)an order that the councillor be counselled about the misconduct or inappropriate conduct, and how not to repeat the misconduct or inappropriate conduct;(b)an order that the councillor make an admission of error or an apology;(c)an order that the councillor participate in mediation with another person;(d)a recommendation to the department’s chief executive to monitor the councillor or the council for compliance with the local government related laws;(e)an order that the councillor reimburse the council;(f)a recommendation to the Minister that the councillor be suspended for a stated period;(g)a recommendation to the CCC or the police commissioner that the councillor’s conduct be further investigated;(h)an order that the councillor pay to the council an amount of not more than the monetary value of 50 penalty units.
(3)A recommendation mentioned in subsection (2)(f) may include a recommendation about the details of the suspension.(4)When deciding what disciplinary action is appropriate in view of the circumstances relating to the misconduct or inappropriate conduct, the BCC councillor conduct review panel may consider—(a)any misconduct or inappropriate conduct of the councillor in the past; and(b)any allegation made in the hearing that was admitted or was not challenged.
(5)Subsection (6) applies if—(a)the BCC councillor conduct review panel decides, after hearing a complaint, that a councillor engaged in inappropriate conduct (the repeat conduct); and(b)the panel has decided twice in the preceding year that the same councillor engaged in inappropriate conduct.
(6)When deciding what disciplinary action is appropriate, the BCC councillor conduct review panel must consider the repeat conduct to be misconduct.(7)However, the BCC councillor conduct review panel may consider an allegation that was not admitted, or was challenged, only if it is satisfied that the allegation is true.(8)The degree to which the BCC councillor conduct review panel must be satisfied depends on the consequences, that are adverse to the councillor, of finding the allegation to be true.s 183 sub 2011 No. 8 s 10amd 2012 No. 33 s 52; 2014 No. 21 s 94 (2) sch 2183ARecords about complaints(1)The chief executive officer must keep a record of—(a)all complaints received by the chief executive officer under this division; and(b)the outcome of each complaint, including any disciplinary action or other action that was taken in relation to the complaint.
(2)The chief executive officer must ensure that the public may inspect the part of the record that relates to outcomes of complaints—(a)at the council’s public office; or(b)on the council’s website.
(3)However, subsection (2) does not apply to the record of a complaint that—(a)the chief executive officer or the department’s chief executive has assessed as being about a frivolous matter, having been made vexatiously or lacking in substance; or(b)is a public interest disclosure within the meaning of the Public Interest Disclosure Act 2010.
s 183A ins 2011 No. 8 s 10sub 2012 No. 33 s 53amd 2013 No. 60 s 7A184Costs of tribunal to be paid by councils 184 om 2012 No. 33 s 54185Inappropriate conduct in meeting of councils 185 om 2012 No. 33 s 54186Application of Crime and Corruption Act(1)The council is a unit of public administration for the Crime and Corruption Act.(2)For any complaint of, or information or matter involving, corrupt conduct under the Crime and Corruption Act by a councillor, a reference to a public official in the Crime and Corruption Act, section 46(2), is taken to be a reference to—(a)the department’s chief executive; or(b)the chief executive officer.
s 186 amd 2014 No. 21 s 94 (2) sch 2Division 7Conduct in meetings of the councildiv 7 (s 186A) ins 2012 No. 33 s 55186AConduct in meetings of the council or its committees(1)This section applies to the chairperson of the council or a committee chairperson in addition to any powers they may have under the council’s rules of procedure.(2)If disorderly conduct happens in a meeting of the council or its committees, the chairperson of the meeting may make any 1 or more of the following orders that the chairperson considers appropriate in the circumstances—(a)an order that the councillor’s conduct be noted in the minutes of the meeting;(b)an order that the councillor leave the place where the meeting is being held (including any area set aside for the public), and stay out of the place for the rest of the meeting;(c)if the councillor fails to comply with an order under paragraph (b) to leave a place—an order that the councillor be removed from the place.
(3)Disorderly conduct is conduct of a councillor that contravenes the council’s rules of procedure.(4)The rules of procedure are, under a local law, the rules decided by council for the conduct of the participants at meetings of the council or its committees (including rules about challenging decisions of the chairperson relating to observing or enforcing the rules, for example).(5)A decision under this section by either of the following persons is not subject to appeal other than under the council’s rules of procedure—(a)the chairperson of the council;(b)a committee chairperson.
Note—See section 226 for more information.div 7 (s 186A) ins 2012 No. 33 s 55Division 8Automatic suspension of councillorsdiv hdg ins 2018 No. 9 s 7A186B Automatic suspension for certain offences(1)A person is automatically suspended as a councillor when the person is charged with a disqualifying offence.(2)Subsection (3) applies if, when a person is appointed or elected as a councillor, a proceeding for a disqualifying offence against the person has been started but has not ended.(3)The person is automatically suspended as a councillor when the person’s term as councillor starts.s 186B ins 2018 No. 9 s 7A186C When a person is charged with disqualifying offence and proceeding is startedFor this division and division 9—(a)a person is charged with a disqualifying offence when—(i)a police officer arrests and charges the person for the offence; or(ii)the person is served with a notice to appear for the offence; or(iii)the person is served with a complaint for the offence under the Justices Act 1886; or(iv)a charge for the offence is made against the person in a proceeding without a complaint under the Justices Act 1886; or(v)an ex officio indictment against the person for the offence is presented to the Supreme Court or the District Court; and
(b)a proceeding for a disqualifying offence is started against a person when the person is charged with the offence.
s 186C ins 2018 No. 9 s 7A186D Obligation to give notice if charged with disqualifying offence(1)This section applies if—(a)a councillor is charged with a disqualifying offence; or(b)a proceeding for a disqualifying offence has been started, but has not ended, against a councillor when the councillor is appointed or elected.
(2)The councillor must immediately give a written notice that complies with subsection (3) to each of the following, unless the councillor has a reasonable excuse—(a)the Minister;(b)if the councillor is not the mayor—the mayor;(c)the chief executive officer.
Maximum penalty—100 penalty units.(3)For subsection (2), the notice must state—(a)the provision of the law against which the councillor is charged; and(b)the day the councillor was charged.
s 186D ins 2018 No. 9 s 7A186E Effect of councillor’s suspension(1)This section applies while a councillor is suspended as a councillor.(2)The councillor must not act as a councillor. (3)If the councillor is the mayor or deputy mayor, the councillor is also suspended as mayor or deputy mayor.(4)The councillor’s obligations under division 5 are not affected.(5)The councillor is entitled to be paid remuneration as a councillor.(6)In this section—remuneration, as a councillor, does not include an amount payable to a councillor for performing a particular responsibility, including, for example, attending a meeting of the local government or any of its committees.s 186E ins 2018 No. 9 s 7A186F When suspension of councillor endsIf a councillor is suspended under section 186B, the suspension ends when the earliest of the following happens—(a)for each disqualifying offence to which the suspension relates—(i)if the councillor is convicted of the offence and appeals the conviction—the conviction is set aside or quashed on appeal; or(ii)if the councillor is convicted of the offence and does not appeal the conviction—the time within which an appeal must by law be started ends; or(iii)the proceeding for the offence otherwise ends;Note—If the councillor is convicted of a disqualifying offence, the councillor’s office becomes vacant. See section 162.
(b)the councillor’s term ends under section 160;(c)the councillor’s office becomes vacant under section 162.
s 186F ins 2018 No. 9 s 7ADivision 9Criminal history informationdiv hdg ins 2018 No. 9 s 7A186G Criminal history report(1)This section applies if the Minister—(a)receives a notice from a councillor—(i)under section 158A in relation to the conviction of the councillor for a disqualifying offence; or(ii)under section 186D; or
(b)reasonably suspects a councillor has been charged with, or convicted of, a disqualifying offence.
(2)The Minister may ask the police commissioner for a written report about the criminal history of the councillor that includes a brief description of the circumstances of a conviction or charge mentioned in the criminal history.(3)The police commissioner must comply with the request.(4)However, the duty to comply applies only to information in the police commissioner’s possession or to which the police commissioner has access.(5)In this section—criminal history, of a councillor, includes—(a)spent convictions; and(b)every charge made against the councillor for an offence, in Queensland or elsewhere.
s 186G ins 2018 No. 9 s 7A186H Confidentiality of criminal history information(1)This section applies to a person who possesses criminal history information because the person—(a)is or was an officer, employee or agent of the department; or(b)is or was a councillor, officer, employee or agent of the council.
(2)The person must not, directly or indirectly, disclose criminal history information to any other person unless the disclosure is permitted under subsection (3). Maximum penalty—100 penalty units.(3)The person is permitted to disclose the criminal history information to another person—(a)to the extent necessary to perform the person’s functions under this Act; or(b)if the disclosure is authorised under an Act; or(c)if the disclosure is otherwise required or permitted by law; or(d)if the person to whom the information relates consents to the disclosure; or(e)if the disclosure is in a form that does not identify the person to whom the information relates; or(f)if the information is, or has been, lawfully accessible to the public.
(4)The person must ensure a document containing criminal history information is destroyed as soon as practicable after it is no longer needed for the purpose for which it is given.(5)In this section—criminal history information means the information contained in—(a)a report given to the Minister under section 186G; or(b)a notice given to the Minister, a councillor or the chief executive officer—(i)under section 158A in relation to the conviction of a councillor for a disqualifying offence; or(ii)under section 186D.
s 186H ins 2018 No. 9 s 7APart 3BCC councillor conduct review panel187Appointing members of the BCC councillor conduct review panel(1)The BCC councillor conduct review panel is constituted by at least 3 members that the council chooses from a pool of members appointed, by resolution, by the council.(2)A person is qualified to be a member of the pool of members only if the person—(a)has extensive knowledge of, and experience in, 1 or more of the following—(i)local government;(ii)community affairs;(iii)investigations;(iv)law;(v)public administration;(vi)public sector ethics;(vii)public finance; or
(b)has the other qualifications and experience that the council considers appropriate.
(3)However, a person is not qualified to be a member of the pool of members if the person—(a)is a councillor of a local government; or(b)is a nominee for election as a councillor; or(c)accepts an appointment as a councillor; or(d)is an employee of the council; or(e)is a contractor of the council; or(f)is a consultant engaged by the council; or(g)is a member of an Australian Parliament; or(h)is a nominee for election as a member of an Australian Parliament; or(i)is a member of a political party; or(j)has a conviction for an indictable offence that is not an expired conviction; or(k)is an insolvent under administration (within the meaning of the Corporations Act, section 9); or(l)is a type of person prescribed under a regulation.
(4)A member may be appointed for a term of not longer than 4 years.(5)However, a member may be reappointed.(6)A person stops being a member if the person—(a)completes a term of office but is not reappointed; or(b)resigns by signed notice of resignation given to the council; or(c)is removed as a member by the council for misbehaviour or physical or mental incapacity; or(d)is not qualified to be a member under subsection (3).
188Remuneration and appointment conditions of members(1)A member of the BCC councillor conduct review panel is entitled to be paid the remuneration and allowances decided by the council.(2)A member of the BCC councillor conduct review panel holds office on the other conditions that the council decides.189Conflict of interests(1)This section applies if a member of the BCC councillor conduct review panel has any interest that may conflict with a fair and impartial hearing of a complaint made against an accused councillor.(2)The member must not take part, or take further part, in any consideration of the matter.Maximum penalty—35 penalty units.(3)As soon as practicable after the member becomes aware that this section applies to the member, the member must inform the council.Maximum penalty for subsection (3)—35 penalty units.Part 4Council employeesDivision 1Chief executive officer190Appointing a chief executive officer(1)The council must appoint a qualified person to be the council’s chief executive officer.(2)A person is qualified to be the chief executive officer if the person has the ability, experience, knowledge and skills that the council considers appropriate, having regard to the responsibilities of a chief executive officer.(3)A person who is appointed as the chief executive officer must enter into a written contract of employment with the council.(4)The contract of employment must provide for—(a)the chief executive officer to meet performance standards set by the mayor; and(b)the chief executive officer’s conditions of employment (including remuneration).
191Appointing an acting chief executive officerThe Establishment and Coordination Committee may appoint a qualified person to act as the chief executive officer during—(a)any vacancy, or all vacancies, in the position; or(b)any period, or all periods, when the chief executive officer is absent from duty or can not, for another reason, perform the chief executive officer’s responsibilities.
s 191 amd 2012 No. 33 s 56Division 2Other council employees192Appointing senior contract employees(1)The council must appoint qualified persons to be the council’s senior contract employees.(2)A person is qualified to be a senior contract employee if the person has the ability, experience, knowledge and skills that the council considers appropriate, having regard to the responsibilities of the senior contract employee.(3)A person who is appointed as a senior contract employee must enter into a written contract of employment with the council.(4)The contract of employment must provide for—(a)the senior contract employee to meet performance standards set by the mayor; and(b)the senior contract employee’s conditions of employment (including remuneration).
193Appointing other council employees(1)The council must adopt, by resolution, an organisational structure that is appropriate to the performance of the council’s responsibilities.(2)The council may employ council employees for the performance of the council’s responsibilities.(3)The chief executive officer must appoint the council employees, other than senior contract employees.(4)A council employee is employed on—(a)the conditions contained in any relevant industrial instrument; and(b)any other conditions that the council decides.
194Disciplinary action against council employees(1)The chief executive officer may take disciplinary action against a council employee.(2)A regulation may prescribe—(a)when disciplinary action may be taken against a council employee; and(b)the types of disciplinary action that may be taken against a council employee.
s 194 amd 2012 No. 33 s 57Division 3Common provisions195Concurrent employment of council employees(1)This section applies to all council employees, including the chief executive officer.(2)A council employee may be employed by more than 1 local government at the same time, if each of the local governments agree.196Improper conduct by council employees(1)This section applies to all council employees, including the chief executive officer.(2)A council employee includes—(a)a contractor of the council; and(b)a type of person prescribed under a regulation.
(3)A council employee must not ask for, or accept, a fee or other benefit for doing something as a council employee.Maximum penalty—100 penalty units or 2 years imprisonment.(4)However, subsection (3) does not apply to—(a)remuneration paid by the council; or(b)a benefit that has only a nominal value.
(5)A council employee must not unlawfully destroy or damage property of the council.Maximum penalty for subsection (5)—100 penalty units or 2 years imprisonment.s 196 amd 2012 No. 33 s 58197Use of information by council employees(1)This section applies to all council employees, including the chief executive officer.(2)A council employee includes—(a)a contractor of the local government; and(b)a type of person prescribed under a regulation.
(3)A person who is, or has been, a council employee must not use information acquired as a council employee to—(a)gain (directly or indirectly) an advantage for the person or someone else; or(b)cause detriment to the council.
Maximum penalty—100 penalty units or 2 years imprisonment.(4)Subsection (3) does not apply to information that is lawfully available to the public.(5)A person who is, or has been, a council employee must not release information that the person knows, or should reasonably know, is information that—(a)is confidential to the council; and(b)the council wishes to keep confidential.
Maximum penalty for subsection (5)—100 penalty units or 2 years imprisonment.s 197 amd 2012 No. 33 s 59198Annual report must detail remuneration(1)The annual report of the council must state—(a)the total of all remuneration packages that are payable (in the year to which the annual report relates) to the senior management; and(b)the number of employees in senior management who are being paid each band of remuneration.
(2)The senior management consists of the chief executive officer and all senior executive employees.(3)Each band of remuneration is an increment of $100,000.(4)To remove any doubt, it is declared that nothing in this section requires the exact salary of any employee in senior management to be separately stated in the annual report.s 198 sub 2012 No. 33 s 60Part 5Authorised persons199Appointing authorised persons(1)The chief executive officer may appoint a qualified person to be an authorised person.(2)A person is qualified to be an authorised person if the person—(a)has the competencies—(i)that the chief executive officer considers are necessary to perform the responsibilities that are required to be performed by the authorised person; or(ii)prescribed under a regulation; and
(b)is either—(i)an employee of the council; or(ii)another type of person prescribed under a regulation.
(3)The appointment of an authorised person must state the provisions of this Act for which the authorised person is appointed.(4)An authorised person’s appointment is subject to the conditions stated in—(a)the document that appoints the authorised person; or(b)a written notice given to the authorised person by the chief executive officer; or(c)a regulation.
200End of appointment of authorised persons(1)A person stops being an authorised person—(a)at the end of the term of appointment stated in the document that appointed the authorised person; or(b)if the authorised person gives the council a signed notice of resignation; or(c)if it is a condition of the authorised person’s appointment that the authorised person hold another position at the same time—if the authorised person stops holding the other position.
(2)If it is a condition of the authorised person’s appointment that the authorised person hold another position at the same time, a notice of resignation acts as a notice of resignation for both positions.(3)This section does not limit the ways in which an authorised person’s appointment ends.201Identity card for authorised persons(1)The chief executive officer must give each authorised person an identity card.(2)This section does not stop a single identity card being issued to a person for this Act and for another purpose.(3)A person who stops being an authorised person must return the person’s identity card to the chief executive officer, within 21 days after stopping being an authorised person, unless the person has a reasonable excuse.Maximum penalty for subsection (3)—10 penalty units.202Authorised persons must disclose change in criminal history(1)This section applies if there is a change in the criminal history of an authorised person (including acquiring a criminal history, for example).(2)The authorised person must, as soon as practicable after the change, disclose to the chief executive officer the details of the change, unless the person has a reasonable excuse.Maximum penalty—100 penalty units.203Chief executive officer may obtain report from police commissioner(1)The chief executive officer may ask the police commissioner to give the chief executive officer the following information about an authorised person—(a)a written report about the person’s criminal history;(b)a brief description of the circumstances of a conviction mentioned in the person’s criminal history.
(2)The police commissioner must comply with the request.(3)However, the duty imposed on the police commissioner applies only to information in the commissioner’s possession or to which the commissioner has access.204Use of criminal history information(1)This section is about the use of criminal history information.(2)Criminal history information is information about the criminal history of an authorised person obtained under section 202 or 203.(3)The department’s chief executive may make guidelines for dealing with criminal history information to ensure—(a)natural justice is afforded to the authorised persons to whom the criminal history information relates; and(b)only relevant criminal history information is considered in assessing the suitability of an authorised person to exercise a power under a local government related law; and(c)decisions based on criminal history information are made consistently.
(4)The chief executive officer must comply with the guidelines.(5)A person who has, or will have, a duty to disclose under section 202 may request a copy of the guidelines from the department.(6)The chief executive officer must not use criminal history information for any purpose other than for assessing the suitability of an authorised person to exercise a power under a local government related law.Maximum penalty for subsection (6)—100 penalty units.Chapter 7Other provisionsPart 1Way to hold a hearing205What this part is about(1)This part sets out the way to hold a hearing under this Act.(2)The person or other entity that is conducting the hearing is called the investigator in this part.206Procedures at hearing(1)When conducting a hearing, the investigator must—(a)observe natural justice; but(b)act as quickly and informally as is consistent with a fair and proper consideration of the issues raised in the hearing.
(2)For example, the investigator may—(a)act in the absence of a person who has been given reasonable notice of the hearing; or(b)receive evidence by statutory declaration; or(c)refuse to allow a person to be represented by a legal practitioner; or(d)disregard the rules of evidence; or(e)disregard any defect, error, omission or insufficiency in a document; or(f)allow a document to be amended; or(g)adjourn a hearing.
(3)However, the investigator must comply with any procedural rules prescribed under a regulation.(4)A hearing is not affected by a change of the members of an entity that is the investigator.207Witnesses at hearings(1)The investigator may require a person, by giving them a written notice, to attend a hearing as a witness in order to—(a)give evidence; or(b)produce specified documents.
(2)The person must—(a)attend at the time and place specified in the notice; and(b)continue to attend until excused by the investigator; and(c)take an oath or make an affirmation if required by the investigator; and(d)answer a question that the person is required to answer by the investigator, unless the person has a reasonable excuse; and(e)produce a document that the person is required to produce by the investigator, unless the person has a reasonable excuse.
Maximum penalty—35 penalty units.(3)A person has a reasonable excuse for failing to answer a question or produce a document if answering the question or producing the document might tend to incriminate the person.(4)A person who attends as a witness is entitled to—(a)the witness fees that are prescribed under a regulation; or(b)if no witness fees are prescribed, the reasonable witness fees decided by the investigator.
208Contempt at hearingA person must not—(a)insult the investigator in a hearing; or(b)deliberately interrupt a hearing; or(c)take part in a disturbance in or near a place where the investigator is conducting a hearing; or(d)do anything that would be a contempt of court if the investigator were a court.
Maximum penalty—50 penalty units.Part 2Superannuation209What this part is aboutThis part is about superannuation for certain persons who are connected to the council.210Super scheme for councillors(1)The council may, for its councillors—(a)establish and amend a superannuation scheme; or(b)take part in a superannuation scheme.
(2)If it does so, the council may pay an amount from its operating fund to the superannuation scheme as a contribution for the councillors.(3)However, the council must not make contributions to the superannuation scheme for a person who is no longer a councillor.(4)A councillor may enter into an arrangement with the council under which—(a)the councillor agrees to forgo a percentage or amount of the remuneration that the councillor is entitled to as a councillor; and(b)the council agrees to contribute the percentage or amount to the superannuation scheme for the councillor.
(5)A superannuation scheme is a superannuation scheme that complies with the Commonwealth Super Act.211Superannuation scheme for council employees and associated persons(1)The council may, for council employees and associated persons—(a)establish and amend a superannuation scheme; or(b)take part in a superannuation scheme.
(2)If it does so, the council may pay an amount from the operating fund to the superannuation scheme as a contribution for the council employees and associated persons.(3)An associated person is the spouse of a council employee, or another person prescribed under a regulation.(4)A superannuation scheme is a superannuation scheme that complies with the Commonwealth Super Act.(5)Despite section 5(2), the Local Government Act applies to the following to the extent that that Act applies to the superannuation of an employee of a local government—(a)the Brisbane City Council;(b)an employee of Brisbane City Council;(c)an associated person.
s 211 amd 2011 No. 8 s 11; 2016 No. 64 s 4212Super schemes to be audited by auditor-general(1)This section applies to a superannuation scheme established or amended by the council under section 210(1)(a) or 211(1)(a).(2)The audit of the superannuation scheme that is required under the Commonwealth Super Act must be carried out by the auditor-general.s 212 amd 2011 No. 8 s 12Part 3Allocating Commonwealth funding to council213Allocating Commonwealth funding(1)The grants commission is a body that is created under the Local Government Act to perform the responsibilities of a Local Government Grants Commission under the Local Government (Financial Assistance) Act.Note—Under section 228(2) of the Local Government Act, the grants commission and the Minister must comply with the Local Government (Financial Assistance) Act.(2)The Minister must not distribute to the council an amount equal to notional GST if the council has not paid the notional GST.(3)Notional GST is an amount that a local government may pay under the GST and Related Matters Act 2000, section 5.(4)The Minister must table in the Legislative Assembly the grants commission’s recommendations about the allocation of funding to the council.214Decisions under this division are not subject to appealA decision of the grants commission or the Minister is not subject to appeal.Note—See section 226 for more information.Part 4Legal provisions215False or misleading information(1)A person commits an offence if the person gives information for this Act (either orally or in a document), that the person knows is false or misleading in a material particular, to any of the following persons—(a)the Minister;(b)the department’s chief executive;(c)the chief executive officer;(d)an authorised person;(e)the change commission;(f)the BCC councillor conduct review panel;(g)the grants commission.
Maximum penalty—100 penalty units.(2)However, the person does not commit an offence in relation to information in a document if, when the person gives the document to the other person—(a)the person tells the other person that the document is false or misleading, and in what respect the document is false or misleading; and(b)if the person has, or can reasonably obtain, the correct information—the person gives the other person the correct information.
s 215 amd 2012 No. 33 s 61216Administrators who act honestly and without negligence are protected from liability(1)A State administrator or council administrator is not civilly liable for an act done under this Act or the Local Government Electoral Act 2011, or omission made under this Act, honestly and without negligence.(2)A State administrator is—(a)the Minister; or(b)the department’s chief executive; or(c)an authorised officer; or(d)a member of the change commission; or(e)a member of the grants commission; or(f)a member of the BCC councillor conduct review panel; or(g)a person acting under the direction of a person mentioned in paragraph (a), (b) or (c).
(3)A council administrator is—(a)a councillor; or(b)the chief executive officer; or(c)an authorised person; or(d)another council employee.
(4)If subsection (1) prevents civil liability attaching to a State administrator, liability attaches instead to the State.(5)If subsection (1) prevents civil liability attaching to a council administrator, liability attaches instead to the council.(6)The protection given under this section is in addition to any other protection given under another law or Act (including the Public Interest Disclosure Act 2010, for example).s 216 amd 2010 No. 38 s 78 sch 3; 2012 No. 33 s 62; 2014 No. 44 s 5217Who is authorised to sign council documents(1)The following persons may sign a document on behalf of the council—(a)the head of the council;(b)a delegate of the council;(c)a councillor or council employee who is authorised by the head of the council, in writing, to sign documents.
Note—See section 238 for the council’s power to delegate.(2)The head of the council is—(a)the mayor; or(b)if there are no councillors for any reason—the chief executive officer.
s 217 amd 2012 No. 33 s 63218Name in proceedings by or against council(1)Any proceedings by the council must be started in the name of the council.(2)However, the council may start a proceeding under the Justices Act 1886 in the name of a council employee who is a public officer within the meaning of that Act.(3)Any proceedings against the council must be started against the council in its name.s 218 amd 2012 No. 33 s 64219Service of documents on councilA document is properly served on the council if it is given to the chief executive officer in a way that is authorised by law.220Substituted service(1)If an owner of rateable land is known to be absent from the State, the council may serve a document on the owner by serving the document on the owner’s agent in the State.(2)Subsection (3) applies if—(a)the council must serve a document on a person who owns or occupies a property; but(b)the council does not know, or is uncertain about, the person’s current address.
(3)The council may serve the document by—(a)publishing a notice that contains a summary of the document in—(i)a newspaper that is circulating generally throughout the State; and(ii)the gazette; and
(b)publishing a notice that contains a copy of the document on the council’s website.
(4)The notice must be addressed to—(a)if the council knows the person’s name—the person by name; or(b)if the council does not know the person’s name—the ‘owner’ or ‘occupier’ at the property’s address.
221Local government related laws requiring a statement of a lawA provision of a local government related law, that requires a document to contain a statement of a relevant provision of law, is taken to be complied with if the document states that particulars of the relevant provision may be—(a)obtained, free of charge, on application to the council; or(b)viewed at an identified website.
222Acting for council in legal proceedings(1)In any proceedings, the chief executive officer, or another employee authorised in writing by the council—(a)may give instructions and act as the authorised agent for the council; and(b)may sign all documents for the council.
(2)The council must pay the costs incurred by the chief executive officer or other employee in any proceedings.(3)If the Attorney-General could take proceedings on behalf of the council to ensure compliance with a local government related law, the council may take the proceeding in its own name.223Attempt to commit offenceA person who attempts to commit an offence against this Act commits an offence and, on conviction, is liable to the same penalties as if the person had committed the offence.224Types of offences under this Act(1)An offence against this Act that has a penalty of more than 2 years imprisonment, is an indictable offence that is a misdemeanour.(2)Any other offence against this Act is a summary offence.(3)A proceeding for an indictable offence may be taken, at the prosecution’s election—(a)by way of summary proceedings under the Justices Act 1886; or(b)on indictment.
(4)A magistrate must not hear an indictable offence summarily if—(a)at the start of the hearing, the defendant asks that the charge be prosecuted on indictment; or(b)the magistrate considers that the charge should be prosecuted on indictment.
(5)If subsection (4) applies—(a)the magistrate must proceed by way of an examination of witnesses for an indictable offence; and(b)a plea of the person charged at the start of the proceeding must be disregarded; and(c)evidence brought in the proceeding before the magistrate decided to act under subsection (4) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and(d)before committing the person for trial or sentence, the magistrate must make a statement to the person as required by the Justices Act 1886, section 104(2)(b).
(6)The maximum penalty that may be summarily imposed for an indictable offence is 100 penalty units or 1 year’s imprisonment.(7)A proceeding must be before a magistrate if it is a proceeding—(a)for the summary conviction of a person on a charge for an indictable offence; or(b)for an examination of witnesses for a charge for an indictable offence.
(8)However, if a proceeding for an indictable offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991.225Time to start proceedings in a summary wayProceedings for an offence against this Act that are to be heard in a summary way under the Justices Act 1886 must be started—(a)within 1 year after the offence was committed; or(b)within 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence was committed.
226Decisions not subject to appeal(1)If a provision of this Act declares a decision to be not subject to appeal, that means the decision—(a)can not be appealed against, challenged, reviewed, quashed, set aside, or called into question in any way (including under the Judicial Review Act, for example); and(b)is not subject to any writ or order of a court on any ground.
Examples—1A person may not bring any proceedings for an injunction to stop conduct that is authorised by the decision.2A person may not bring any proceedings for a declaration about the validity of conduct that is authorised by the decision.
(2)A decision includes—(a)conduct related to making the decision; and(b)a failure to make a decision.
(3)A court includes a tribunal or another similar entity.227Judges and other office holders not disqualified from adjudicatingA judge, magistrate, justice or presiding member of a tribunal is not disqualified from adjudicating in any proceedings to which the council is a party only because the person is, or is liable to be, a ratepayer of the council.228Where fines are to be paid to(1)This section applies if, in proceedings brought by the council for an offence against a local government related law, the court imposes a fine.(2)The fine must be paid to the council’s operating fund, unless the court ordered the fine to be paid to a person.229Evidence of local laws(1)In any proceedings, a certified copy of a local law or consolidated version of a local law is evidence of the content of the local law or consolidated version of the local law.(2)A certified copy of a local law or consolidated version of a local law is a copy that has been certified by the chief executive officer to be the local law or consolidated version as made by the council.(3)In any proceedings, a copy of the gazette that contains a notice of making a local law is—(a)evidence of the content of the notice; and(b)evidence that the local law has been properly made.
(4)In any proceedings, the competence of the council to make a particular local law is presumed unless the matter is raised.230Evidence of proceedings of council(1)This section applies to a document that—(a)purports to be a copy of an entry in a record of the proceedings of—(i)the council; or(ii)a committee of the council; and
(b)purports to have been signed at the time when the entry was made by—(i)the mayor; or(ii)the chairperson of the council; or(iii)for a committee of the council—the committee chairperson; and
(c)is certified by the chief executive officer to be a true copy of the document.
(2)The document is evidence—(a)of the proceedings; and(b)that the proceedings were properly held.
231Evidentiary value of copies(1)This section applies to a copy of a document that—(a)purports to be made under the authority of the council or mayor; and(b)purports to be verified by the mayor or an employee who is authorised by the council.
(2)The copy of the document is evidence in any proceedings as if the copy were the original of the document.232Evidentiary value of certificates(1)This section applies to a certificate that—(a)purports to be about the state of, or a fact in, a record of the council; and(b)purports to be signed by the chief executive officer.
(2)The certificate is evidence of the matters contained in the certificate.233Evidence of directions given to council(1)This section applies to a document that—(a)purports to be a direction that the Minister, or the department’s chief executive, gave to the council under this Act; and(b)purports to be certified by or for the Minister, or the department’s chief executive, to be a true copy of the direction.
(2)The document is evidence of—(a)the giving of the direction; and(b)the matters contained in the direction.
234Evidence of complainant’s knowledge of matterIn a complaint starting proceedings, a statement that the matter of the complaint came to the complainant’s knowledge on a stated day is evidence of the matter.235Constitution and limits of council need not be provedIt is not necessary for the plaintiff in any proceedings started by, for or against the council to prove—(a)the council’s constitution; or(b)the boundaries of Brisbane; or(c)the boundaries of a ward of Brisbane.
Part 5Delegation of powers236Delegation of Minister’s powers(1)The Minister may delegate the Minister’s powers under this Act to an appropriately qualified person.(2)However, the Minister must not delegate a power under section 42.237Delegation of department’s chief executive’s powersThe department’s chief executive may delegate the chief executive’s powers under this Act, or a local law, to an appropriately qualified person.238Delegation of council powers(1)The council may, by resolution, delegate a power under this Act or another Act to—(a)the mayor; or(b)the chief executive officer; or(c)a standing committee or joint standing committee; or(d)another local government, for the purposes of a joint government activity; or(e)the Establishment and Coordination Committee.
(2)However, the council must not delegate a power that an Act states must be exercised by resolution.(3)A joint standing committee is a committee consisting of councillors of the council and other local governments.s 238 amd 2012 No. 33 s 65239Delegation of chief executive officer’s powers(1)A chief executive officer may delegate the chief executive officer’s powers to an appropriately qualified employee or contractor of the council.(2)However, the chief executive officer must not delegate the following powers—(a)a power delegated by the council, if the council has directed the chief executive officer not to further delegate the power;(b)a power to keep a register of interests.
s 239 amd 2012 No. 33 s 66240Council delegations register(1)The chief executive officer must establish a register of delegations that contains the particulars prescribed under a regulation.(2)The chief executive officer must record all delegations by the council, mayor or the chief executive officer in the register of delegations.(3)The chief executive officer must ensure the public may view the register at the council’s public office or on the council’s website.Part 6Other provisions241Public office of the council(1)The council must keep premises for use as a public office.(2)The public office must be in Brisbane.242Powers in support of responsibilities(1)This section applies if the council is required or empowered to perform a responsibility under a local government related law.(2)The council has the power to do anything that is necessary or convenient for performing the responsibilities.(3)The powers include all the powers that an individual may exercise, including for example—(a)power to enter into contracts; and(b)power to acquire, hold, deal with and dispose of property; and(c)power to charge for a service or facility, other than a service or facility for which a cost-recovery fee may be fixed.
243Validity of council proceedingsThe proceedings of the council or any of its committees, or the actions of a person acting as a councillor or member of a committee, are not invalid merely because of—(a)vacancies in the membership of the council or committee; or(b)a defect or irregularity in the election or appointment of any councillor or committee member; or(c)the disqualification of a councillor or committee member from acting as a councillor or committee member.
244Acceptable requests guidelines(1)The acceptable requests guidelines are guidelines about—(a)the way in which a councillor may ask a council employee for advice to help the councillor carry out his or her responsibilities under this Act; and(b)when advice relates to the ward a councillor represents; and(c)the reasonable limits on requests that a councillor may make.
(2)The acceptable requests guidelines are made by the Establishment and Coordination Committee.s 244 sub 2012 No. 33 s 67245Insurance to cover councillors(1)The council may enter into a contract of insurance with WorkCover Queensland, or another insurer, to cover its councillors.(2)For that purpose, a councillor’s role includes attending—(a)meetings of the council or its committees that the councillor is entitled or asked to attend; and(b)meetings for a resident of Brisbane; and(c)conferences, deputations, inspections and meetings at which the councillor’s attendance is permitted by the council; and(d)official functions organised for the council.
246Special entertainment precincts(1)This section is about establishing a special entertainment precinct in Brisbane.(2)A special entertainment precinct is an area in which noise from amplified music that is played at licensed premises in the area is regulated by a local law.(3)A licensed premises is a licensed premises under the Liquor Act 1992.(4)The effect of establishing a special entertainment precinct is that—(a)noise from amplified music played at licensed premises in the precinct is regulated by a local law instead of the Liquor Act 1992; and(b)requirements imposed under a planning scheme or development approval made or given under the Planning Act about noise abatement apply in relation to particular kinds of development in the precinct.
(5)To establish a special entertainment precinct, the council must—(a)amend the council’s planning scheme to identify the special entertainment precinct; and(b)make a local law to regulate noise from amplified music from premises in the special entertainment precinct, in accordance with a permit that is issued for the premises.
(6)However, a local law under this section does not apply to—(a)a major sports facility under the Major Sports Facilities Act 2001; or(b)an activity that—(i)is for a major event under the Major Events Act 2014; and(ii)is being carried on by, or with the approval of, the major event organiser for the major event.
s 246 amd 2014 No. 60 s 105 sch 1247Land registry searches free of charge(1)This section applies to any of the following persons—(a)the chief executive officer;(b)an employee of the council who is authorised by the chief executive officer;(c)a lawyer or other agent acting for the council;(d)an employee of a lawyer or agent mentioned in paragraph (c) who is authorised by the lawyer or agent.
(2)The person may conduct searches of registers or documents about land in the land registry in accordance with the practice of the registry without payment of a fee.248Approved formsThe department’s chief executive may approve forms for use under this Act.249Review of this Acts 249 om 2012 No. 33 s 68250Process for administrative action complaints(1)The council must adopt a process for resolving administrative action complaints.(2)An administrative action complaint is a complaint that—(a)is about an administrative action of the council, including the following, for example—(i)a decision, or a failure to make a decision, including a failure to provide a written statement of reasons for a decision;(ii)an act, or a failure to do an act;(iii)the formulation of a proposal or intention;(iv)the making of a recommendation; and
(b)is made by an affected person.
(3)An affected person is a person who is apparently directly affected by an administrative action of the council.(4)A regulation may provide for the process for resolving complaints about administrative actions of the council by affected persons.250AAdvisory pollsThe council may, in the way decided by the council, conduct a voluntary poll of the electors in Brisbane or a part of Brisbane on any issue of concern to Brisbane or the part.s 250A ins 2012 No. 33 s 69251Information for the Minister(1)The Minister may, by written notice, require the council to give the Minister information about—(a)Brisbane; or(b)the council.
(2)The council must comply with the notice.252Regulation-making power(1)The Governor in Council may make regulations under this Act.(2)For example, a regulation may be made about—(a)the processes of the council in deciding the remuneration that is payable to councillors (including the remuneration schedule, for example); or(b)appeals against decisions made under this Act; or(c)a register of interests of the following—(i)councillors;(ii)other persons who are given responsibilities to perform under this Act;(iii)persons who are related to a councillor or a person mentioned in subparagraph (ii); or
(d)the recording of conflicts of interest arising from the performance of a responsibility under this Act; or(e)the regulation and management of council assets and infrastructure; or(f)matters relating to a statutory committee of the council; or(g)a process for the scrutiny of the council’s budget; or(h)meetings of the council or its committees; or(i)the financial sustainability and accountability of the council, including the systems of financial management.
s 252 amd 2012 No. 33 s 70Chapter 8Repeal, transitional, savings and validation provisionsch hdg amd 2014 No. 36 s 55CPart 1Repeals253RepealThe following Acts are repealed—•Australian Estates Company Limited, Hastings Street, New Farm, Viaduct Authorization Act 1962•Brisbane City Council Business and Procedure Act 1939, 3 Geo 6 No. 30•City of Brisbane Act 1924, 15 Geo 5 No. 32•Local Government (Chinatown and The Valley Malls) Act 1984, No. 104•Local Government (Queen Street Mall) Act 1981, No. 104.
Part 2Transitional and savings provisions for Act No. 23 of 2010pt hdg sub 2010 No. 44 s 161254What this part is aboutThis part is about the transition from the following to this Act (including the transition of rights, liabilities and interests, for example)—(a)the repealed City of Brisbane Act;(b)the repealed Business and Procedure Act;(c)the repealed Local Government Act 1993;(d)a repealed mall Act.
255Brisbane City Council continuedThe Brisbane City Council under the repealed City of Brisbane Act continues in existence as the council under this Act.256Local laws(1)A local law that was—(a)made by the council under the repealed City of Brisbane Act, the repealed Local Government Act 1993 or a repealed mall Act; and(b)was in force immediately before the commencement of this section;
continues in force as a local law made under this Act.(2)A local law includes—(a)an interim local law, model local law, and subordinate local law; and(b)a by-law or ordinance.
(3)Subsection (4) applies if, before the commencement, the council started, but did not complete, the relevant process for adopting a model local law or making another local law.Note—Under the repealed Local Government Act 1993 the council started the process for adopting a model local law by passing a resolution to propose to adopt the model local law and the council started a process for making a local law (other than a model local law) by passing a resolution to propose to make the local law.(4)The council may proceed further in adopting or making the local law in accordance with the relevant process as if the repealed Local Government Act 1993 had not been repealed.(5)The relevant process is the process under the repealed Local Government Act 1993, chapter 12, part 2 that applied to adopting a model local law or making another local law.(6)A local law adopted or made under subsection (4) is taken to be a local law validly made under this Act.257Decisions under repealed Acts(1)A decision under the following repealed Acts, that was in force immediately before the commencement of this section, continues in force as if the decision were made under this Act, made at the same time as it was made under the repealed Act—(a)the repealed City of Brisbane Act;(b)the repealed Business and Procedure Act;(c)the repealed Local Government Act 1993;(d)a repealed mall Act.
(2)A decision includes an agreement, appointment, approval, authorisation, certificate, charge, consent, declaration, delegation, determination, direction, dismissal, exemption, immunity, instruction, licence, memorandum of understanding, order, permit, plan, policy, protocol, rates, release, resolution, restriction, settlement, suspension and warrant.258Established malls(1)A mall established under a repealed mall Act continues as a mall under this Act.(2)The council may do anything in relation to a mall mentioned in subsection (1) that the council may do under this Act (including closing the mall, for example).(3)On 1 July 2010, an advisory committee, established under a repealed mall Act, is dissolved and the members of the advisory committee go out of office.(4)No compensation is payable to a member because of subsection (3).259Proceedings and evidence(1)If, immediately before the commencement of this section, proceedings for an appeal, a complaint or an offence could legally have been started under the repealed City of Brisbane Act or a repealed mall Act the proceedings may be started under this Act.(2)Proceedings for an appeal, a complaint or an offence under any of the Acts may be continued under that Act, as if this Act had not commenced.(3)Any document that was given evidentiary effect under any of the Acts continues to have the evidentiary effect as if that Act had not been repealed.260Super trust deedA trust deed for a superannuation scheme established by the Brisbane City Council under the repealed City of Brisbane Act, that was in force immediately before the commencement of this section, continues in force as a trust deed under this Act.261RegistersA register maintained under the repealed City of Brisbane Act continues as if it were made under this Act.262References to repealed ActsA reference in an Act or document to any of the following may, if the context permits, be taken to be a reference to this Act—(a)the repealed City of Brisbane Act;(b)the repealed Business and Procedure Act;(c)a repealed mall Act.
263Transitional provisions for electionss 263 om 2011 No. 27 s 255264Transitional regulation-making powers 264 exp 1 July 2011 (see s 264(4))265Effect of regulation amendments 265 ins 2010 No. 44 s 162om 2013 No. 39 s 109 sch 2Part 3TRANSITIONAL PROVISION FOR PERSONAL PROPERTY SECURITIES (ANCILLARY PROVISIONS) ACT 2010pt hdg ins 2010 No. 44 s 162om 2013 No. 39 s 109 sch 2Part 4Transitional provision for Revenue and Other Legislation Amendment Act 2011pt hdg ins 2011 No. 8 s 13266Continued superannuation scheme for council employees(1)This section applies to the superannuation scheme for council employees continued in existence under section 211 of this Act as in force before the commencement of this section.(2)On the commencement of this section—(a)the superannuation scheme ceases to continue in existence under this Act; and(b)the trust deed for the superannuation scheme ceases to continue in force as a trust deed under this Act.
(3)If an audit of the superannuation scheme is required under the Commonwealth Super Act because of subsection (2), the audit must be carried out by the auditor-general.s 266 ins 2011 No. 8 s 13Part 5Transitional provisions for Local Government and Other Legislation Amendment Act 2012pt hdg ins 2012 No. 33 s 71267Change in dealing with complaints(1)This section applies if—(a)the council, or the department’s chief executive, makes or receives a complaint about the conduct or performance of a councillor before the commencement; and(b)an entity had started dealing with, but had not finally dealt with, the complaint under chapter 6, part 2, division 6.
(2)The former process continues to apply in relation to the complaint despite any amendment of this Act under the Local Government and Other Legislation Amendment Act 2012.(3)The former process is chapter 6, part 2, division 6 as in force immediately before the commencement.(4)To remove any doubt, it is declared that—(a)an entity dealing with the complaint must deal with the complaint under the former process; and(b)any disciplinary action taken against a councillor because of the complaint is limited to the action that may be taken under the former process.
s 267 ins 2012 No. 33 s 71268Change in process for making local laws(1)This section applies if the council has begun, but not completed, its process for making a local law before the commencement.(2)The council may continue the process for making the local law despite any amendment of this Act under the Local Government and Other Legislation Amendment Act 2012.(3)Chapter 3, part 1, as in force immediately before the commencement, continues to apply for the purpose of subsection (2).s 268 ins 2012 No. 33 s 71Part 6Validation provision for Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014pt 6 (s 269) ins 2014 No. 36 s 55D269Validation of rates chargedIt is declared that the council always has had, whether under this Act or a repealed Act, the power to categorise rateable land, and decide differential rates for the rateable land, in the way stated in section 96(1A).pt 6 (s 269) ins 2014 No. 36 s 55DPart 7Transitional provisions for Planning (Consequential) and Other Legislation Amendment Act 2016pt hdg ins 2016 No. 27 s 131270Definitions for partIn this part—amending Act means the Planning (Consequential) and Other Legislation Amendment Act 2016.former, in relation to a provision, means the provision as in force immediately before the provision was amended or repealed under the amending Act.repealed Planning Act means the repealed Sustainable Planning Act 2009.s 270 ins 2016 No. 27 s 131271Existing development application—resumption of particular land(1)This section applies to an existing development application mentioned in former section 90(1)(a).(2)Former section 90 continues to apply in relation to the application as if the amending Act had not been enacted.(3)In this section—existing development application means a development application made under the repealed Planning Act, to which the Planning Act, section 288 applies.s 271 ins 2016 No. 27 s 131272Entry under existing application, permit or notice(1)This section applies to an application, permit or notice—(a)mentioned in former section 121; and(b)made or given under the repealed Planning Act.
(2)Former section 121 continues to apply in relation to the application, permit or notice as if the amending Act had not been enacted and the repealed Planning Act had not been repealed.s 272 ins 2016 No. 27 s 131273Existing remedial notice(1)This section applies to a remedial notice—(a)given under former section 127A; and(b)requiring the owner or occupier of a property to take action under the repealed Planning Act.
(2)The remedial notice continues to have effect as if the amending Act had not been enacted and the repealed Planning Act had not been repealed.s 273 ins 2016 No. 27 s 131274Existing inside information(1)This section applies to information about any of the following (existing inside information) that, immediately before the commencement, was inside information, in relation to the council, for former section 173A—(a)the exercise of a power under the repealed Planning Act by the council, a councillor or a council employee;(b)a decision, or proposed decision, under the repealed Planning Act of the council or any of its committees;(c)the exercise of a power under the repealed Planning Act by the State, a Minister, a statutory body or an employee of the State or statutory body, that affects the council, any of its corporate entities or land or infrastructure within Brisbane;(d)any legal or financial advice about the repealed Planning Act created for the council, any of its committees or any of its corporate entities.
(2)Former section 173A continues to apply in relation to the existing inside information as if the amending Act had not been enacted and the repealed Planning Act had not been repealed.s 274 ins 2016 No. 27 s 131275Existing unpaid fine—where fine to be paid to(1)This section applies to a fine mentioned in former section 228 that—(a)is unpaid; and(b)was imposed in proceedings brought by the council for an offence against the repealed Planning Act.
(2)Former section 228 continues to apply in relation to the fine as if the amending Act had not been enacted and the repealed Planning Act had not been repealed.s 275 ins 2016 No. 27 s 131Part 8Validation provision for particular rates and chargespt hdg ins 2018 No. 4 s 3276Validation of rates and charges(1)This section applies to a rate or charge—(a)levied or to be levied by the council under this Act, or levied by the council under the repealed City of Brisbane Act 1924, for a financial year up to and including the financial year ending 30 June 2018; and(b)that was not decided to be levied by resolution of the council at the council’s budget meeting for the financial year under this Act or the repealed City of Brisbane Act 1924.
(2)It is declared that the rate or charge is taken to be, and to always have been, as validly levied by the council as it would have been if the council had decided to levy the rate or charge by resolution at the council’s budget meeting for the financial year under this Act or the repealed City of Brisbane Act 1924.(3)It is also declared that anything done, or to be done, in relation to the rate or charge is as valid as it would have been or would be if the council had decided to levy the rate or charge by resolution at the council’s budget meeting for the financial year under this Act or the repealed City of Brisbane Act 1924.Examples of things done or to be done in relation to the rate or charge—•the bringing by the council of proceedings against a person•the sale of land, or the taking of steps preparatory to the sale of land, by the council•the acquisition of land, or the taking of steps preparatory to the acquisition of land, by the council•the charging of interest on the rate or charge
s 276 ins 2018 No. 4 s 3Part 9Transitional provisions for Local Government Electoral (Implementing Stage 1 of Belcarra) and Other Legislation Amendment Act 2018pt hdg ins 2018 No. 9 s 7B277Disqualifying offence committed before commencementChapter 6, part 2, as in force after the commencement, applies in relation to a disqualifying offence, whether the act or omission constituting the offence was committed before or after the commencement.s 277 ins 2018 No. 9 s 7B278Existing charge for disqualifying offence(1)This section applies if a proceeding for a disqualifying offence against a councillor had started before the commencement but has not ended.(2)The councillor is automatically suspended as a councillor on the commencement.(3)Chapter 6, part 2, division 8 applies in relation to the councillor as if the councillor was suspended under section 186B.(4)Immediately after the commencement, the councillor must give a written notice that complies with subsection (5) to each of the following, unless the councillor has a reasonable excuse—(a)the Minister;(b)if the councillor is not the mayor—the mayor;(c)the chief executive officer.
Maximum penalty—100 penalty units.(5)For subsection (4), the notice must state—(a)the provision of the law against which the councillor was charged; and(b)the day the councillor was charged.
(6)The information contained in the notice is taken to be criminal history information for section 186H.s 278 ins 2018 No. 9 s 7B279Existing conviction for new disqualifying offence(1)This section applies if—(a)before the commencement, a councillor was convicted of an offence that is a new disqualifying offence; and(b)on the commencement, the disqualifying period for the offence would not have ended.
(2)The councillor automatically stops being a councillor on the commencement.(3)Immediately after the commencement, the councillor must give a written notice that complies with subsection (4) to each of the following, unless the councillor has a reasonable excuse—(a)the Minister;(b)if the councillor is not the mayor—the mayor;(c)the chief executive officer.
Maximum penalty—100 penalty units.(4)For subsection (3), the notice must state—(a)the provision of the law against which the councillor was convicted; and(b)the day the councillor was convicted.
(5)Section 153(7) applies in relation to the offence.(6)The information contained in the notice is taken to be criminal history information for section 186H.(7)In this section—conviction includes a spent conviction.disqualifying period, for a new disqualifying offence, means the period stated in section 153(1) during which a person convicted of the offence can not be a councillor.new disqualifying offence means an offence that, under section 153—(a)is a disqualifying offence after the commencement; but(b)was not a disqualifying offence before the commencement.
s 279 ins 2018 No. 9 s 7BSchedule 1Serious integrity offences and integrity offencessection 153Part 1Serious integrity offencesCriminal Code54A(1)Demands with menaces upon agencies of government
57(1)False evidence before Parliament
60(1)Bribery of member of Parliament
87(1) or (1A)Official corruption
92A(1) or (2)Misconduct in relation to public office
98B(1)False or misleading information
98C(1) or (2)Bribery
98D(1) or (2)Forging or uttering electoral or referendum paper
110Stuffing ballot boxes
112(1)False or misleading information
119B(1)Retaliation against or intimidation of judicial officer, juror, witness etc.
122(1)Corruption of jurors
123(1)Perjury
126(1)Fabricating evidence
127(1)Corruption of witnesses
129Damaging evidence with intent
131(1)Conspiracy to bring false accusation
132(1)Conspiring to defeat justice
133(1)Compounding an indictable offencecircumstance—the penalty in subsection (2) applies to the offence
140(1)Attempting to pervert justice
193(1)False verified statements
398(1)Punishment of stealingcircumstance—a circumstance of aggravation with a maximum penalty of 7 years or more imprisonment applies to the offence
399Fraudulent concealment of particular documentscircumstance—paragraph (b) of the penalty applies to the offence
408C(1)Fraudcircumstance—a circumstance of aggravation mentioned in subsection (2), (2A) or (2B) applies to the offence
408E(1)Computer hacking and misusecircumstance—a circumstance of aggravation mentioned in subsection (3) applies to the offence
415(1)Extortion
430Fraudulent falsification of records
433(1)Receiving tainted property
442BReceipt or solicitation of secret commission by an agent
442BAGift or offer of secret commission to an agent
442DFalse or misleading receipt or account
442ESecret commission for advice given
442EAOffer or solicitation of secret commission in return for advice given or to be given
442FSecret commission to trustee in return for substituted appointment
442GLiability of director etc. acting without authority
488(1)Forgery and utteringcircumstance—paragraph (a) or (b) of the penalty applies to the offence
541(1)Conspiracy to commit crimecircumstance—a maximum penalty of 7 years imprisonment or more applies to the offence
Crime and Corruption Act198(1)Contempt of person conducting commission hearing
Criminal Proceeds Confiscation Act 2002250(1)Money laundering
Electoral Act307B(1)Schemes to circumvent prohibition on particular political donations
Local Government Electoral Act169(1)False or misleading information
170(1) or (2)Bribery
175(1) or (2)Forged electoral papers
194B(1)Schemes to circumvent prohibition on particular political donations
Part 2Integrity offencesThis Act173(1)Use of information by councillors
173A(2) or (3)Prohibited conduct by councillor in possession of inside information
173B(2)Obligation of councillor to correct register of interestscircumstance—paragraph (a) of the penalty applies to the offence
177C(2)Councillor’s material personal interest at a meeting
177E(2) or (5)Councillor’s conflict of interest at a meeting
177HOffence to take retaliatory action
177I(2) or (3)Offence for councillor with material personal interest or conflict of interest to influence others
215(1)False or misleading information
Criminal Code54(1)Interference with Governor or Ministers
55(1)Interference with the Legislature
58(1)Witness refusing to attend, answer question or produce a thing before Legislative Assembly or authorised committee
78(1) or (2)Interfering with political liberty
85Disclosure of official secrets
98E(1)Influencing voting
98FProviding money for illegal payments
98GVoting if not entitled
99(1), (2), (3), (4) or (5)Voting if not entitled
100(1) or (2)Hindering or interfering with voting conduct
101(1) or (2)Bribery
102Publishing false information about a candidate
113(2), (3), (4) or (5)Interfering with secrecy at elections
128Deceiving witnesses
130Preventing witnesses from attending
133(1)Compounding an indictable offencecircumstance—the penalty in subsection (3) applies to the offence
194(1)False declarations
204(1)Disobedience to statute law
398(1)Punishment of stealingcircumstance—no circumstance of aggravation applies to the offence
399Fraudulent concealment of particular documentscircumstance—paragraph (a) of the penalty applies to the offence
408CFraudcircumstance—the circumstance of aggravation mentioned in subsection (2), (2A) or (2B) does not apply to the offence
408D(1) or (1A)Obtaining or dealing with identification information
408EComputer hacking and misusecircumstance—no circumstance of aggravation, or the circumstance of aggravation mentioned in subsection (2), applies to the offence
414Demanding property with menaces with intent to steal
488(1)Forgery and utteringcircumstance—paragraph (c) of the penalty applies to the offence
541(1)Conspiracy to commit crimecircumstance—the maximum penalty for the crime in question is less than 7 years imprisonment
Electoral Act307A(1)Offence about prohibited donations
307C(1)False or misleading information relating to determinations
427(2)Obligation to repay particular political donations
Local Government Electoral Act171Assisting illegal payments
186Influencing voting by violence or intimidation
189Voting if not entitled
194A(1)Offence about prohibited donations
194C(1)False or misleading information relating to determinations
212(2)Obligation to repay particular political donations
sch 1 ins 2018 No. 9 s 8ASchedule 2Dictionarysection 6acceptable requests guidelines see section 244(1).def acceptable requests guidelines amd 2012 No. 33 s 72(3)adopt, by the council, means adopt by resolution of the council.advice guidelines ...def advice guidelines om 2012 No. 33 s 72(1)ancillary works and encroachments means—(a)cellars; or(b)gates; or(c)temporary rock anchors for building support; or(d)ancillary works and encroachments under the Transport Infrastructure Act.
anti-competitive provision means a provision that a regulation identifies as creating barriers to—(a)entry to a market; or(b)competition within a market.
appropriately qualified, for a delegated power, includes having the qualifications, experience or standing to exercise the power.Example of standing—a person’s classification level in the public serviceapproved form means a form approved 248.approved inspection program see section 122(2)auditor-general means the Queensland Auditor-General under the Auditor-General Act 2009.authorised officer means a person who holds office under the Local Government Act, section 204D.authorised person means a person who holds office under section 199.BCC councillor conduct review panel see section 178(6).def BCC councillor conduct review panel amd 2012 No. 33 s 72(4)BCC councillors code of conduct ...def BCC councillors code of conduct om 2012 No. 33 s 72(1)beginning, of the council’s term, see section 161(3).beneficial enterprise see section 43(3).boundary change see section 19(2).Brisbane means the City of Brisbane.Building Act means the Building Act 1975.building certifying activity see section 51(4).building unit means a lot under—(a)the Body Corporate and Community Management Act 1997; or(b)the Building Units and Group Titles Act 1980; or(c)the Integrated Resort Development Act 1987; or(d)the Mixed Use Development Act 1993; or(e)another Act prescribed under a regulation.
business activity, of the council, means trading in goods and services by the council.business unit, of the council, means a part of the council that conducts a business activity of the council.caretaker period, for the council, see section 92A(1).def caretaker period ins 2011 No. 27 s 256(2)cause detriment to the council—1To cause detriment to the council includes—(a)to sabotage a lawful process of the council (including adopting a budget or conducting a tender process, for example); or(b)to cause the council to suffer a loss in its lawful performance of a function or commercial activity (including the loss of a future contractual arrangement, for example).
2To cause detriment to the council does not include—(a)merely embarrassing the council; or(b)merely causing disagreement between councillors.
CCC means the Crime and Corruption Commission.def CCC ins 2014 No. 21 s 94(2)sch 2chairperson of the council means the councillor appointed by the council under section 25(1).change commission means the change commission established under the Local Government Act.charges includes any interest accrued, or premium owing, on the charges.chief executive officer means the person who holds an appointment under section 190.code of competitive conduct see section 51(2).commercialisation, of a significant business activity, see section 48(2).committee chairperson, for a committee of the council, means the councillor appointed by members of the committee as chairperson of the committee.Commonwealth Super Act means the Superannuation Industry (Supervision) Act 1993 (Cwlth).competitive neutrality principle see section 47(3).component local government see the Local Government Act, section 25A(4).def component local government ins 2012 No. 33 s 72(2)conclusion, of the election of a councillor, see the Local Government Electoral Act 2011, section 7.def conclusion sub 2014 No. 44 s 6conflict of interest see section 177D.def conflict of interest amd 2012 No. 33 s 72(5); 2018 No. 9 s 8(2)consolidated version, of a local law, see section 35(2).contractor, of the council, means—(a)a person who provides services under a contract with the council; or(b)a person prescribed under a regulation.
conviction includes a finding of guilt, and the acceptance of a plea of guilty, by a court, whether or not a conviction is recorded.corporate entity means an entity that has been corporatised under this Act and to which the Corporations Act does not apply.corporatisation ...def corporatisation om 2012 No. 33 s 72(1)cost-recovery fee see section 99(2).council see section 9.council employee means any of the following of or relating to the council—(a)the chief executive officer;(b)a senior contract employee;(c)a person holding an appointment under section 193.
councillor, for the council, includes the mayor.council worker see section 127(4).def council worker amd 2012 No. 33 s 72(6)court means a court of competent jurisdiction.Crime and Corruption Act means the Crime and Corruption Act 2001.def Crime and Corruption Act ins 2014 No. 21 s 94(2)sch 2Crime and Misconduct Act ...def Crime and Misconduct Act om 2014 No. 21 s 94(2)sch 2criminal history, of a person, means all convictions, other than spent convictions, recorded against the person for offences, in Queensland or elsewhere, whether before or after the commencement of this Act.department’s chief executive means the chief executive of the department.disqualifying offence see section 153(6).def disqualifying offence ins 2018 No. 9 s 8(1)distribution, of a how-to-vote card—(a)includes make the card available to other persons; but(b)does not include merely display the card.
Examples—1A person distributes how-to-vote cards if the person hands the cards to other persons or leaves them at a place for other persons to take away.2A person does not distribute how-to-vote cards if the person attaches the cards to walls and other structures, merely for display.
drafting certificate ...def drafting certificate om 2012 No. 33 s 72(1)drafting standards ...def drafting standards om 2012 No. 33 s 72(1)elected includes re-elected.elector means a person entitled to vote in an election of councillors.Electoral Act means the Electoral Act 1992.electoral commission means the Electoral Commission of Queensland under the Electoral Act.electoral commissioner means the electoral commissioner under the Electoral Act.encumbrance includes any of the following that affects land—(a)a mortgage, lien or charge;(b)a caveat;(c)an agreement;(d)a judgment, writ or process;(e)an interest adverse to the interest of the land’s owner;
but does not include an easement.establish, a superannuation scheme, includes join in establishing a superannuation scheme.Establishment and Coordination Committee means the council’s Establishment and Coordination Committee continued under section 24.final part, of the council’s term, see section 161(5).Forestry Act means the Forestry Act 1959.fresh election means an election of all the councillors of the council that is not a quadrennial election.full cost pricing, of a significant business activity, see section 48(3).def full cost pricing amd 2012 No. 33 s 72(7)full-time government job ...def full-time government job om 2012 No. 33 s 72(1)general rates see section 94(2).government entity has the same meaning as in the Government Owned Corporations Act 1993.grants commission means the grants commission established under the Local Government Act.head of the council ...def head of the council om 2012 No. 33 s 72(1)home includes—(a)a room in a boarding house; and(b)a caravan; and(c)a manufactured home within the meaning of the Manufactured Homes (Residential Parks) Act 2003, section 10.
Housing Act contract means a contract of sale—(a)that was entered into under—(i)the State Housing Act 1945, section 24, before the repeal of that Act; or(ii)the Housing Act 2003, section 113; or
(b)under which—(i)the purchase price, other than the deposit, is payable in 2 or more instalments; or(ii)the sale is of a share in a house and land.
how-to-vote card see the Local Government Electoral Act 2011, schedule.def how-to-vote card sub 2011 No. 27 s 256(1)identity card, of a person, means a card that—(a)identifies the person as an authorised person, council worker or authorised officer; and(b)contains a recent photo of the person; and(c)contains a copy of the person’s signature; and(d)states the expiry date for the identity card.
inappropriate conduct see section 178(4).industrial instrument means an industrial instrument under the Industrial Relations Act 2016.def industrial instrument amd 2016 No. 63 s 1157sch 6Industrial Relations Act ...def Industrial Relations Act om 2016 No. 63 s 1157sch 6interim local law see section 27(4).investigator see section 195(2).joint government activity see section 12(2).joint local government see the Local Government Act, section 25A(2).def joint local government ins 2012 No. 33 s 72(2)joint local government area see the Local Government Act, section 25A(3).def joint local government area ins 2012 No. 33 s 72(2)judicial review means a review under the Judicial Review Act.Judicial Review Act means the Judicial Review Act 1991.land includes—(a)freehold land; and(b)land held from the State for a leasehold interest; and(c)a mining claim.
Land Act means the Land Act 1994.Land Title Act means the Land Title Act 1994.Local Government Act means the Local Government Act 2009.local government area see the Local Government Act, section 8(2).Local Government (Financial Assistance) Act means the Local Government (Financial Assistance) Act 1995 (Cwlth).local government principles see section 4(2).local government related law means a law under which the council performs the council’s responsibilities, including, for example—(a)this Act; and(b)the Local Government Act; and(c)a local law; and(d)the Building Act; and(e)the Planning Act; and(f)a planning scheme, under the Planning Act; and(g)the Plumbing and Drainage Act; and(h)the Water Act 2000; and(i)the Water Supply (Safety and Reliability) Act 2008.
def local government related law amd 2013 No. 60 s 8(1)–(2)local law see section 27(2).major policy decision, of the council, means a decision—(a)about the appointment of a chief executive officer; or(b)about the remuneration of the chief executive officer; or(c)to terminate the employment of the chief executive officer; or(d)to enter into a contract the total value of which is more than the greater of the following—(i)$200,000;(ii)1% of the council’s net rate and utility charges as stated in the council’s audited financial statements included in the council’s most recently adopted annual report.
def major policy decision ins 2011 No. 27 s 256(2)amd 2013 No. 60 s 8(3)material personal interest see section 177B.def material personal interest amd 2018 No. 9 s 8(3)middle, of the council’s term, see section 161(4).mining claim means a mining claim under the Mineral Resources Act 1989.misconduct see section 178(3).model local law see section 27(7).National Competition Policy Agreements means the following agreements (made between the Commonwealth and the States on 11 April 1995), as in force for the time being—(a)the Conduct Code Agreement;(b)the Competition Principles Agreement;(c)the Agreement to Implement National Competition Policy and Related Reforms.
notice of intention to acquire land see section 67(2).occupier, of property, see section 114(6).ordinary business matter means—(a)the remuneration of councillors or members of a council committee; or(b)the provision of superannuation entitlements or accident insurance for councillors or council employees; or(c)the terms on which goods, services or facilities are to be offered by the council for use or enjoyment of the public in Brisbane; or(d)the making or levying of rates and charges, or the fixing of a cost-recovery fee, by the council; or(e)a planning scheme, or amendment of a planning scheme, for Brisbane; or(f)a resolution required for the adoption of a budget for the council; or(g)a matter that is of interest to a person merely as—(i)an employee of the State or a government entity; or(ii)an elector, ratepayer or resident of Brisbane; or(iii)a beneficiary under a policy of accident insurance, public liability or professional indemnity insurance held, or to be held, by the council; or(iv)a user of goods, services or facilities supplied, or to be supplied, by the council (whether under a contract or otherwise) as a member of the public in common with other members of the public; or(v)a candidate for election or appointment as a mayor, deputy mayor or member of a committee of the council; or(vi)a member of a non-profit, charitable or religious organisation involving no personal financial gain or loss to the person.
def ordinary business matter amd 2012 No. 33 s 72(8)overall State interest is—(a)an interest that the Minister considers affects the economic, environmental or social interest of all or part of the State; or(b)an interest that the Minister considers affects the interest of ensuring there is an accountable, effective and efficient system of local government; or(c)an interest prescribed under a regulation.
owner of land—1An owner of land is—(a)a registered proprietor of freehold land; or(b)a purchaser of freehold land from the State under an Act; or(c)a purchaser of land under a Housing Act contract; or(d)a person who has a share in land that the person bought under a Housing Act contract; or(e)a lessee of land held from the State, and a manager, overseer or superintendent of the lessee who lives on the land; or(f)the holder of a mining claim or lease; or(g)the holder of land mentioned in the Mineral Resources Act 1989, schedule 2, definition owner; or(h)a lessee under the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act 2004; or(i)a lessee of land held from a government entity or the council; or(j)the holder of an occupation permit or stock grazing permit under the Forestry Act or of a permit prescribed under a regulation; or(k)the holder of a permission to occupy from the chief executive of the department responsible for the administration of the Forestry Act; or(l)the holder of a permit to occupy under the Land Act; or(m)a licensee under the Land Act; or(n)for land on which there is a structure subject to a timeshare scheme—the person notified to the council as the person responsible for the administration of the scheme as between the participants in the scheme; or(o)another person who is entitled to receive rent for the land; or(p)another person who would be entitled to receive rent for the land if it were leased at a full commercial rent.
2However, an owner of land does not include the State, or a government entity, except as far as the State or government entity is liable under an Act to pay rates.
def owner amd 2012 No. 20 s 323sch 3perceived conflict of interest see section 177E(1)(c)(ii).def perceived conflict of interest ins 2018 No. 9 s 8(1)Planning Act means the Planning Act 2016.def Planning Act sub 2016 No. 27 s 132Planning and Environment Court ...def Planning and Environment Court om 2016 No. 27 s 132(1)planning scheme means a planning scheme under the Planning Act.def planning scheme sub 2016 No. 27 s 132Plumbing and Drainage Act means the Plumbing and Drainage Act 2002.police commissioner means the commissioner of the police service under the Police Service Administration Act 1990.political party means an organisation registered as a political party under the Electoral Act.preliminary assessment see section 179(4).def preliminary assessment ins 2012 No. 33 s 72(2)amd 2013 No. 60 s 8(4)private property see section 114(4).private sector means an entity that is not—(a)the Commonwealth or a State; or(b)a State authority; or(c)a local government.
property means land, any structure on the land, and a vehicle.public office, of the council, see section 241.public place, for chapter 5, part 2, division 1, see section 114(5).def public place, for chapter 5, part 2, division 1, ins 2012 No. 33 s 72(2)public place see section 114(5).public thoroughfare easement is an easement created under—(a)the Land Act, chapter 6, part 4, division 8; or(b)the Land Title Act, part 6, division 4.
public utilities means—(a)works for the supply of drainage, electricity, gas, sewerage, telecommunications or water; or(b)works for an infrastructure corridor under the State Development and Public Works Organisation Act 1971, section 82; or(c)works for a purpose mentioned in the State Development and Public Works Organisation Act 1971, section 125; or(d)other works declared under a regulation to be a public utility.
quadrennial elections means the elections for local governments that are held in 2012, and every fourth year after 2012.rateable land see section 95(2).rates includes any interest accrued, or premium owing, on the rates.rates and charges see section 93(2).real conflict of interest see section 177E(1)(c)(i). def real conflict of interest ins 2018 No. 9 s 8(1)reasonable entry notice see section 127A(3).def reasonable entry notice ins 2012 No. 33 s 72(2)reasonable proportion of electors see section 17(4).reasonable written notice ...def reasonable written notice om 2012 No. 33 s 72(1)registered officer, of a political party, means the registered officer of the political party under the Electoral Act.registrar of titles means the public authority responsible for registering title to land and dealings affecting land.regulated pool see the Building Act, section 231B.def regulated pool ins 2010 No. 35 s 37remedial notice see section 127A(1).def remedial notice sub 2012 No. 33 s 72(1)–(2)repealed Business and Procedure Act means the repealed Brisbane City Council Business and Procedure Act 1939.repealed City of Brisbane Act means the repealed City of Brisbane Act 1924.repealed mall Act means—(a)the repealed Local Government (Chinatown and The Valley Malls) Act 1984; or(b)the repealed Local Government (Queen Street Mall) Act 1981.
resolution, of the council, means the formal decision of the council at a council meeting.responsibility includes a function.reward does not include—(a)a councillor’s remuneration as a councillor; or(b)an amount decided under the deed under the Superannuation (State Public Sector) Act 1990 in relation to a transferring member within the meaning of section 32A of that Act; or(c)reasonable expenses actually incurred for any 1 or more of the following—(i)accommodation;(ii)meals;(iii)domestic air travel;(iv)taxi fares or public transport charges;(v)motor vehicle hire; or
(d)an amount paid as a pension or otherwise for past service in a full-time government job.
road see section 65(2).roads activity see section 51(5).rules of procedure see section 186A(4).def rules of procedure sub 2012 No. 33 s 72(1)–(2)sanitary drain—(a)means a drain that is immediately connected to, and used to carry discharges from, a soil or waste pipe; but(b)does not include a pipe that is a part of a drain for carrying off effluent from a property after treatment in an on-site sewerage facility.
senior contract employee means a council employee who is—(a)employed on a contractual basis; and(b)is classified by the council as ‘senior executive service’.
separate rates and charges see section 94(5).sewerage treatment system means the infrastructure used to receive, transport and treat sewage or effluent (including sewers, access chambers, machinery, outfalls, pumps, structures and vents, for example).sign, a thing, includes the making of a mark on the thing in front of someone else who signs the thing as witness.significant business activity see section 47(4).special rates and charges see section 94(3).spent conviction means a conviction—(a)for which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired; and(b)that is not revived as prescribed by section 11 of that Act.
standing committee, of the council, means a committee of its councillors that meets to discuss the topics decided by the council when establishing the committee.State-controlled road see the Transport Infrastructure Act, schedule 6.State office, of the department, means the office of the department at the address prescribed under a regulation.Statutory Bodies Financial Arrangements Act means the Statutory Bodies Financial Arrangements Act 1982.statutory committee, of the council, means a committee of the council that is required under this Act and may not be dissolved by the council.stormwater drain see section 83(2).stormwater installation see section 83(3).structure means anything that is built or constructed, whether or not it is attached to land.subordinate local law see section 27(5).super board ...def super board om 2011 No. 8 s 14sustainable development is development that is designed to meet present needs while also taking into account future costs (including costs to the environment and the depletion of natural resources, for example).timeshare scheme, for a structure, means a scheme that is to operate for at least 3 years during which time the participants in the scheme are, or may become, entitled to use, occupy or possess the structure, or part of the structure, for 2 or more periods.Transport Infrastructure Act means the Transport Infrastructure Act 1994.tribunal ...def tribunal om 2012 No. 33 s 72(1)trust deed ...def trust deed om 2011 No. 8 s 14utility charges see section 94(4).ward, of Brisbane, see section 17(1).sch 2 (prev sch 1 (prev sch (orig sch 2))) renum 2010 No. 23 s 352sch 1; 2013 No. 60 s 33sch 1; 2018 No. 9 s 8(4)