City of Brisbane Act 2010

Queensland

Current as at 28 June 2023

This work is licensed under a Creative Commons Attribution 4.0 International License.

Queensland

City of Brisbane Act 2010

Contents

Page

Chapter 1 Preliminary

1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

3 Purpose of this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

4 Local government principles underpin this Act . . . . . . . . . . . . . . 16

5 Relationship with Local Government Act . . . . . . . . . . . . . . . . . . . 17

6 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

Chapter 2 Brisbane City Council

Part 1 City of Brisbane

7 City of Brisbane . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

Part 2 Council constitution, responsibilities and powers

8 What this part is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

9 The Brisbane City Council’s responsibility for Brisbane . . . . . . . 19

10 Brisbane City Council is a body corporate . . . . . . . . . . . . . . . . . 19

11 Powers of council generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

12 Power includes power to conduct joint government activities . . . 20

13 Who the council is constituted by . . . . . . . . . . . . . . . . . . . . . . . . 21

14 Responsibilities of councillors . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

15 Responsibilities of council employees . . . . . . . . . . . . . . . . . . . . . 23

Part 3 Wards of Brisbane

16 What this part is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

17 Wards of Brisbane . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

18 Review of wards of Brisbane . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

Part 4 Changing Brisbane area or representation

Division 1 Introduction

19 What this part is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

Division 2 The process for change

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20 Who may start the change process . . . . . . . . . . . . . . . . . . . . . . . 26

21 Assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

22 Implementation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

23 Decisions under this division are not subject to appeal . . . . . . . . 28

Chapter 3 The business of the council

Part 1 Statutory committees and council meetings

Division 1 Statutory committees of the council

24 Establishment and Coordination Committee . . . . . . . . . . . . . . . . 29

Division 2 Meetings of the council or its committees

25 Chairperson of the council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

26 Mayor as member of standing committees of the council . . . . . . 30

Part 2 Local laws

Division 1 Introduction

27 What this part is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

28 Interaction with State laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

Division 2 Making, recording and reviewing local laws

29 Power to make a local law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

30 Local law making process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

31 State interest check . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

32 Publication of local laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

33 Expiry of interim local law revives previous law . . . . . . . . . . . . . 34

34 Local law register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

35 Consolidated versions of local laws . . . . . . . . . . . . . . . . . . . . . . 35

Division 3 Local laws that can not be made

37 What this division is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

38 Network connections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

39 Election advertising . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

40 Development processes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

41 Anti-competitive provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

41A Swimming pool safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

Division 4 Action by the Minister about particular local laws

42 Suspending or revoking particular local laws . . . . . . . . . . . . . . . 39

Division 5 Miscellaneous

42A Local law about seizing and disposing of personal property . . . . 40

42B Owners’ liability for party houses . . . . . . . . . . . . . . . . . . . . . . . . . 41

Part 3 Beneficial enterprises and business activities

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Division 1 Beneficial enterprises

43 What this division is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

44 Conducting beneficial enterprises . . . . . . . . . . . . . . . . . . . . . . . . 43

45 Identifying beneficial enterprises . . . . . . . . . . . . . . . . . . . . . . . . . 44

Division 2 Business reform, including competitive neutrality

47 What this division is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44

48 Ways to apply the competitive neutrality principle . . . . . . . . . . . . 45

49 Identifying significant business activities . . . . . . . . . . . . . . . . . . . 45

50 Assessing public benefit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

51 Code of competitive conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47

52 Competitive neutrality complaints . . . . . . . . . . . . . . . . . . . . . . . . 48

Part 4 Roads and other infrastructure

Division 1 Roads

65 What this division is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49

66 Control of roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50

67 Notice of intention to acquire land to widen a road . . . . . . . . . . . 51

68 Compensation for a notice of intention to acquire land . . . . . . . . 52

69 Appeal on a claim for compensation . . . . . . . . . . . . . . . . . . . . . . 53

70 Acquisition of land instead of compensation . . . . . . . . . . . . . . . . 54

71 What is to happen if a realignment is not carried out . . . . . . . . . 54

72 Compensation if realignment not carried out . . . . . . . . . . . . . . . . 55

73 Acquiring land for use as a footpath . . . . . . . . . . . . . . . . . . . . . . 56

74 Notice to the council of opening or closing of roads . . . . . . . . . . 56

75 Closing roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57

76 Temporary roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58

77 The Brisbane River . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59

78 Road levels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59

79 Assessment of impacts on roads from certain activities . . . . . . . 60

80 Categorisation of roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61

81 Roads map and register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61

82 Unauthorised works on roads . . . . . . . . . . . . . . . . . . . . . . . . . . . 62

Division 2 Stormwater drains

83 What this division is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63

84 Connecting stormwater installation to stormwater drain . . . . . . . 63

85 No connecting sewerage to stormwater drain . . . . . . . . . . . . . . . 64

86 No trade waste or prohibited substances in stormwater drain . . 66

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87 Interference with path of stormwater . . . . . . . . . . . . . . . . . . . . . . 68

Division 3 Other infrastructure

88 Malls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68

89 City Botanic Gardens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69

90 Resumption of prescribed land by council . . . . . . . . . . . . . . . . . . 69

91 Ferry services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70

92 Materials in infrastructure are council property . . . . . . . . . . . . . . 71

Part 5 Caretaker period arrangements

92A Caretaker period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72

92B Prohibition on major policy decision in caretaker period . . . . . . . 72

92C Invalidity of major policy decision in caretaker period without approval

92D Prohibition on election material in caretaker period . . . . . . . . . . 73

Chapter 4 Finances and accountability

Part 1 Rates and charges

93 What this part is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74

94 Types of rates and charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74

95 Land on which rates are levied . . . . . . . . . . . . . . . . . . . . . . . . . . 76

96 Power to levy rates and charges . . . . . . . . . . . . . . . . . . . . . . . . . 77

97 Overdue rates and charges are a charge over rateable land . . . 77

98 Regulations for rates and charges . . . . . . . . . . . . . . . . . . . . . . . 78

Part 2 Fees

99 Cost-recovery fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78

100 Register of cost-recovery fees . . . . . . . . . . . . . . . . . . . . . . . . . . . 80

101 Fees on occupiers of land below the high-water mark . . . . . . . . 80

Part 3 Financial planning and accountability

102 Statutory Bodies Financial Arrangements Act applies to council 81

103 Systems of financial management . . . . . . . . . . . . . . . . . . . . . . . 81

104 Approval of budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82

Part 4 Councillors’ financial accountability

105 What this part is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82

106 Councillor’s discretionary funds . . . . . . . . . . . . . . . . . . . . . . . . . . 82

107 Councillors liable for improper disbursements . . . . . . . . . . . . . . 83

108 Councillors liable for loans to individuals . . . . . . . . . . . . . . . . . . . 83

109 Councillors liable for improper borrowings . . . . . . . . . . . . . . . . . 84

Chapter 5 Monitoring and enforcing the local government related laws

Contents

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Part 2 Monitoring and enforcement powers

Division 1 Powers of authorised persons

Subdivision 1 Introduction

114 What this division is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85

115 Producing authorised person’s identity card . . . . . . . . . . . . . . . . 86

Subdivision 2 Power to require a person’s name and address

116 Power to require a person’s name and address . . . . . . . . . . . . . 86

Subdivision 3 Powers to enter property etc.

117 Entering a public place that is open without the need for permission 87

118 Entering private property with, and in accordance with, the occupier’s

permission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88

119 Entering private property with, and in accordance with, a warrant 89

120 Warrants—applications made electronically . . . . . . . . . . . . . . . . 91

121 Entering under an application, permit or notice . . . . . . . . . . . . . . 93

122 Entering property under an approved inspection program . . . . . 94

123 Approving an inspection program . . . . . . . . . . . . . . . . . . . . . . . . 95

123A Entry by authorised person, at reasonable times, to inspect regulated

pools . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97

124 General powers after entering a property . . . . . . . . . . . . . . . . . . 98

125 Authorised person to give notice of damage . . . . . . . . . . . . . . . . 99

126 Compensation for damage or loss caused after entry . . . . . . . . . 99

Division 2 Powers of other persons

127 What this division is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100

127A Notices for this division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101

128 Identity card for use under this division . . . . . . . . . . . . . . . . . . . . 102

129 Entry with, and in accordance with, permission of occupier . . . . 102

130 Entry by an owner, with reasonable entry notice, under a remedial notice

103

131 Occupier may discharge owner’s obligations . . . . . . . . . . . . . . . 103

132 Entry by a council worker, with reasonable entry notice, under a remedial

notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104

133 Entry by a council worker, with reasonable entry notice, to take materials

105

134 Entry by a council worker, at reasonable times, to repair etc. facilities

106

135 Entry by a council worker, at any time, for urgent action . . . . . . . 107

136 Entry with, and in accordance with, a court order . . . . . . . . . . . . 108

137 Compensation for damage or loss caused . . . . . . . . . . . . . . . . . 109

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138 Limitation of time in absence of notice of work done . . . . . . . . . . 110

Part 3 Investigation of council records

Division 1 Introduction

139 What this part is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110

Division 2 Investigations by department

140 Producing authorised officer’s identity card . . . . . . . . . . . . . . . . . 110

141 Making of inquiries for department . . . . . . . . . . . . . . . . . . . . . . . 111

142 Power to require information or document for department investigation

111

Division 3 Investigations by council

143 Producing authorised person’s identity card . . . . . . . . . . . . . . . . 112

144 Making of inquiries for council . . . . . . . . . . . . . . . . . . . . . . . . . . . 113

145 Power to require information or document for council investigation 113

146 Referral to department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114

147 Chief executive officer not subject to direction . . . . . . . . . . . . . . 115

Part 4 Offences

148 Obstructing enforcement of this Act or local laws etc. . . . . . . . . . 115

149 Impersonating an authorised person . . . . . . . . . . . . . . . . . . . . . . 116

150 Duty to make documents available . . . . . . . . . . . . . . . . . . . . . . . 116

Chapter 6 Administration

Part 1 Introduction

151 What this chapter is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117

Part 2 Councillors

Division 1 Qualifications of councillors

152 Qualifications of councillors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117

153 Disqualification for certain offences or if dismissed . . . . . . . . . . . 118

154 Disqualification of prisoners . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119

155 Disqualification because of other high office . . . . . . . . . . . . . . . . 120

156 Disqualification during bankruptcy . . . . . . . . . . . . . . . . . . . . . . . . 120

157 Judicial review of qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . 121

158 Acting as councillor without authority . . . . . . . . . . . . . . . . . . . . . 121

158A Councillor must give notice of disqualification . . . . . . . . . . . . . . . 121

Division 2 Councillor’s term of office

159 When a councillor’s term starts . . . . . . . . . . . . . . . . . . . . . . . . . . 122

160 When a councillor’s term ends . . . . . . . . . . . . . . . . . . . . . . . . . . 122

160AA Extension of term of councillors elected at fresh elections . . . . . 123

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160A Compulsory leave without pay . . . . . . . . . . . . . . . . . . . . . . . . . . 123

Division 3 Vacancies in councillor’s office

161 What this division is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123

162 When a councillor’s office becomes vacant . . . . . . . . . . . . . . . . 124

163 When a vacancy in an office must be filled . . . . . . . . . . . . . . . . . 125

164 Filling a vacancy in the office of mayor . . . . . . . . . . . . . . . . . . . . 125

165 Acting mayor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126

166 Filling a vacancy in the office of another councillor . . . . . . . . . . . 126

Division 4 Councillors with other jobs

167 Councillors and council jobs . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128

Division 5 Obligations of councillors

169 Obligations of councillors before acting in office . . . . . . . . . . . . . 128

170 Giving directions to council staff . . . . . . . . . . . . . . . . . . . . . . . . . 128

171 Requests for assistance or information . . . . . . . . . . . . . . . . . . . . 129

171A Guidelines about provision of administrative support to councillors 131

172 Inspection of particular records by councillors . . . . . . . . . . . . . . 131

173 Use of information by councillors . . . . . . . . . . . . . . . . . . . . . . . . 132

174 Failure to give particular returns under Local Government Electoral Act

2011 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133

175 Extension of time for giving summary return . . . . . . . . . . . . . . . . 134

177 Post-election meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135

Division 5A Councillors’ conflicts of interest

Subdivision 1 Preliminary

177A Purpose of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135

177B When does a person participate in a decision . . . . . . . . . . . . . . . 135

177C Personal interests in ordinary business matters of council . . . . . 136

Subdivision 2 Prescribed conflicts of interest

177D When councillor has prescribed conflict of interest—particular gifts or

loans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138

177E When councillor has prescribed conflict of interest—sponsored travel or

accommodation benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139

177F When councillor has prescribed conflict of interest—other . . . . . 141

177G Who is a close associate of a councillor . . . . . . . . . . . . . . . . . . . 142

177H Councillor must not participate in decisions . . . . . . . . . . . . . . . . 142

177I Obligation of councillor with prescribed conflict of interest . . . . . 143

177J Dealing with prescribed conflict of interest at a meeting . . . . . . . 144

Subdivision 3 Declarable conflicts of interest

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177K What is a declarable conflict of interest . . . . . . . . . . . . . . . . . . . . 144

177L Interests that are not declarable conflicts of interest . . . . . . . . . . 145

177M Who is a related party of a councillor . . . . . . . . . . . . . . . . . . . . . 147

177N Obligation of councillor with declarable conflict of interest . . . . . 147

177O Procedure if meeting informed of councillor’s personal interests 149

177P Procedure if councillor has declarable conflict of interest . . . . . . 149

177Q Decisions of eligible councillors . . . . . . . . . . . . . . . . . . . . . . . . . . 151

Subdivision 4 Other matters

177R Procedure if no quorum for deciding matter because of prescribed

conflicts of interest or declarable conflicts of interest . . . . . . . . . 152

177S Minister’s approval for councillor to participate or be present to decide

matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153

177T Duty to report another councillor’s prescribed conflict of interest or

declarable conflict of interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153

177U Obligation of councillor if conflict of interest reported under s 177T 154

177V Offence to take retaliatory action . . . . . . . . . . . . . . . . . . . . . . . . . 155

177W Councillor with prescribed conflict of interest or declarable conflict of

interest must not influence others . . . . . . . . . . . . . . . . . . . . . . . . 155

177X Records about prescribed conflicts of interest or declarable conflicts of

interest—meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156

Division 8 Automatic suspension of councillors

186B Automatic suspension for certain offences . . . . . . . . . . . . . . . . . 157

186C When a person is charged with disqualifying offence and proceeding is

started . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158

186D Obligation to give notice if charged with disqualifying offence . . 158

186E Effect of councillor’s suspension . . . . . . . . . . . . . . . . . . . . . . . . . 159

186F When suspension of councillor ends . . . . . . . . . . . . . . . . . . . . . . 159

Division 9 Criminal history information

186G Criminal history report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160

186H Confidentiality of criminal history information . . . . . . . . . . . . . . . 161

Part 4 Council employees, councillor advisors etc.

Division 1 Chief executive officer

190 Appointing a chief executive officer . . . . . . . . . . . . . . . . . . . . . . . 162

191 Appointing an acting chief executive officer . . . . . . . . . . . . . . . . 163

Division 2 Other council employees

192 Appointing senior executive employees . . . . . . . . . . . . . . . . . . . 163

193 Appointing other council employees . . . . . . . . . . . . . . . . . . . . . . 163

194 Disciplinary action against council employees . . . . . . . . . . . . . . 164

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Division 2A Councillor advisors

194A Appointment and functions of councillor advisors . . . . . . . . . . . . 164

194B When appointment ends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165

194C Regulation may prescribe particular matters relating to councillor

advisors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166

Division 3 Common provisions

195 Concurrent employment of council employees . . . . . . . . . . . . . . 166

196 Improper conduct by council employees . . . . . . . . . . . . . . . . . . . 167

197 Use of information by council employees and councillor advisors 167

198 Annual report must detail particular information about council employees

and councillor advisors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168

Part 4A Obligations of councillors and councillor advisors

198A Obligation of councillor or councillor advisor to inform chief executive

officer of particulars of interests at start of term or on appointment 169

198B Obligation of councillor or councillor advisor to correct register of

interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170

198C Obligation of councillor or councillor advisor to inform chief executive

officer annually about register of interests . . . . . . . . . . . . . . . . . . 171

198D Dishonest conduct of councillor or councillor advisor . . . . . . . . . 172

198E Proceeding for offence against s 198D . . . . . . . . . . . . . . . . . . . . 173

198F Prohibited conduct by councillor or councillor advisor in possession of

inside information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174

Part 5 Authorised persons

199 Appointing authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . . 176

200 End of appointment of authorised persons . . . . . . . . . . . . . . . . . 176

201 Identity card for authorised persons . . . . . . . . . . . . . . . . . . . . . . 177

202 Authorised persons must disclose change in criminal history . . . 177

203 Chief executive officer may obtain report from police commissioner 178

204 Use of criminal history information . . . . . . . . . . . . . . . . . . . . . . . 178

Chapter 7 Other provisions

Part 1 Way to hold a hearing

205 What this part is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179

206 Procedures at hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179

207 Witnesses at hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180

208 Contempt at hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181

Part 2 Superannuation

209 What this part is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181

210 Super scheme for councillors . . . . . . . . . . . . . . . . . . . . . . . . . . . 181

Contents

City of Brisbane Act 2010

Page 10

211 Superannuation scheme for council employees and associated persons

182

212 Super schemes to be audited by auditor-general . . . . . . . . . . . . 183

Part 3 Allocating Commonwealth funding to council

213 Allocating Commonwealth funding . . . . . . . . . . . . . . . . . . . . . . . 183

214 Decisions under this part are not subject to appeal . . . . . . . . . . 183

Part 4 Legal provisions

215 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . 184

216 Administrators who act honestly and without negligence are protected

from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185

217 Who is authorised to sign council documents . . . . . . . . . . . . . . . 186

218 Name in proceedings by or against council . . . . . . . . . . . . . . . . . 186

219 Service of documents on council . . . . . . . . . . . . . . . . . . . . . . . . . 186

220 Substituted service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187

221 Local government related laws requiring a statement of a law . . 187

222 Acting for council in legal proceedings . . . . . . . . . . . . . . . . . . . . 188

223 Attempt to commit offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188

225 Time to start proceedings in a summary way . . . . . . . . . . . . . . . 188

226 Decisions not subject to appeal . . . . . . . . . . . . . . . . . . . . . . . . . . 188

227 Judges and other office holders not disqualified from adjudicating 189

228 Where fines are to be paid to . . . . . . . . . . . . . . . . . . . . . . . . . . . 189

229 Evidence of local laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190

230 Evidence of proceedings of council . . . . . . . . . . . . . . . . . . . . . . . 190

231 Evidentiary value of copies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191

232 Evidentiary value of certificates . . . . . . . . . . . . . . . . . . . . . . . . . . 191

233 Evidence of directions given to council . . . . . . . . . . . . . . . . . . . . 191

234 Evidence of complainant’s knowledge of matter . . . . . . . . . . . . . 192

235 Constitution and limits of council need not be proved . . . . . . . . . 192

Part 5 Delegation of powers

236 Delegation of Minister’s powers . . . . . . . . . . . . . . . . . . . . . . . . . 192

237 Delegation of department’s chief executive’s powers . . . . . . . . . 192

238 Delegation of council powers . . . . . . . . . . . . . . . . . . . . . . . . . . . 192

239 Delegation of chief executive officer’s powers . . . . . . . . . . . . . . 193

240 Council delegations register . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193

Part 5A Provisions for 2020 quadrennial election

240A Minister may give directions about filling vacancies in office of councillors

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194

Contents

City of Brisbane Act 2010

Page 11

Part 6 Other provisions

241 Public office of the council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195

242 Powers in support of responsibilities . . . . . . . . . . . . . . . . . . . . . . 195

243 Validity of council proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . 195

244 Acceptable requests guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . 196

245 Insurance to cover councillors . . . . . . . . . . . . . . . . . . . . . . . . . . . 196

246 Special entertainment precincts . . . . . . . . . . . . . . . . . . . . . . . . . 196

247 Land registry searches free of charge . . . . . . . . . . . . . . . . . . . . . 197

248 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198

250 Process for administrative action complaints . . . . . . . . . . . . . . . 198

250A Advisory polls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199

251 Information for the Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199

252 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199

Chapter 8 Repeal, transitional, savings and validation provisions

Part 1 Repeals

253 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200

Part 2 Transitional and savings provisions for Act No. 23 of 2010

254 What this part is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201

255 Brisbane City Council continued . . . . . . . . . . . . . . . . . . . . . . . . . 201

256 Local laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201

257 Decisions under repealed Acts . . . . . . . . . . . . . . . . . . . . . . . . . . 202

258 Established malls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 203

259 Proceedings and evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 203

260 Super trust deed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 203

261 Registers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204

262 References to repealed Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204

Part 4 Transitional provision for Revenue and Other Legislation

Amendment Act 2011

266 Continued superannuation scheme for council employees . . . . . 204

Part 5 Transitional provisions for Local Government and Other

Legislation Amendment Act 2012

267 Change in dealing with complaints . . . . . . . . . . . . . . . . . . . . . . . 205

268 Change in process for making local laws . . . . . . . . . . . . . . . . . . 206

Part 6 Validation provision for Sustainable Planning (Infrastructure

Charges) and Other Legislation Amendment Act 2014

269 Validation of rates charged . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 206

Part 7 Transitional provisions for Planning (Consequential) and Other

Contents

City of Brisbane Act 2010

Page 12

Legislation Amendment Act 2016

270 Definitions for part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 206

271 Existing development application—resumption of particular land 207

272 Entry under existing application, permit or notice . . . . . . . . . . . . 207

273 Existing remedial notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207

274 Existing inside information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208

275 Existing unpaid fine—where fine to be paid to . . . . . . . . . . . . . . 208

Part 8 Validation provision for particular rates and charges

276 Validation of rates and charges . . . . . . . . . . . . . . . . . . . . . . . . . . 209

Part 9 Transitional provisions for Local Government Electoral

(Implementing Stage 1 of Belcarra) and Other Legislation

Amendment Act 2018

277 Disqualifying offence committed before commencement . . . . . . 210

278 Existing charge for disqualifying offence . . . . . . . . . . . . . . . . . . . 210

279 Existing conviction for new disqualifying offence . . . . . . . . . . . . 211

Part 10 Transitional provisions for Local Government Electoral

(Implementing Stage 2 of Belcarra) and Other Legislation

Amendment Act 2019

Division 1 Transitional provisions for new disqualifying offences

280 Definitions for division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212

281 New disqualifying offence committed before commencement . . 213

282 Existing charge for new disqualifying offence . . . . . . . . . . . . . . . 213

283 Existing conviction for new disqualifying offence . . . . . . . . . . . . 214

Division 2 Transitional provisions for councillor conduct

286 Definitions for division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215

287 Existing complaints not assessed . . . . . . . . . . . . . . . . . . . . . . . . 215

288 Existing inappropriate conduct and misconduct complaints . . . . 216

289 Existing orders taken into account . . . . . . . . . . . . . . . . . . . . . . . 216

290 Dealing with particular pre-commencement complaints or conduct 217

291 Model procedures apply until procedures adopted . . . . . . . . . . . 218

292 Process if no investigation policy . . . . . . . . . . . . . . . . . . . . . . . . 218

293 Offences against s 215 charged before commencement . . . . . . 219

Part 11 Transitional provisions for Electoral and Other Legislation

(Accountability, Integrity and Other Matters) Amendment Act 2020

294 Existing senior contract employees . . . . . . . . . . . . . . . . . . . . . . . 219

295 Proceedings for repealed integrity offences . . . . . . . . . . . . . . . . 220

296 Continuation of Minister’s approval for councillor to participate or be

present to decide matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221

Contents

City of Brisbane Act 2010

Page 13

297 Remuneration commission’s recommendation not required for initial

regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221

298 Application of s 198A for councillors . . . . . . . . . . . . . . . . . . . . . . 221

Part 12 Transitional provision for Local Government Electoral and Other

Legislation (Expenditure Caps) Amendment Act 2023

299 Application of s 174—elections held on or after introduction day and

before 2024 quadrennial election . . . . . . . . . . . . . . . . . . . . . . . . 222

Schedule 1 Serious integrity offences and integrity offences . . . . . . . . . 223

Schedule 2 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 230

[s 1]

City of Brisbane Act 2010

Chapter 1 Preliminary

Current as at 28 June 2023 Page 15

Authorised by the Parliamentary Counsel

City of Brisbane Act 2010

An Act to provide a system of local government in the City of

Brisbane

Chapter 1 Preliminary

1 Short title

This Act may be cited as the City of Brisbane Act 2010.

2 Commencement

(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.

3 Purpose 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—

[s 4]

City of Brisbane Act 2010

Chapter 1 Preliminary

Page 16 Current as at 28 June 2023

Authorised by the Parliamentary Counsel

(a) Brisbane is the capital city of Queensland;

(b) the council is the largest provider of local government

services in Queensland;

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 the council’s

procedures for the conduct of its meetings are observed

and enforced.

4 Local 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

[s 5]

City of Brisbane Act 2010

Chapter 1 Preliminary

Current as at 28 June 2023 Page 17

Authorised by the Parliamentary Counsel

(b) sustainable development and management of assets and

infrastructure, and delivery of effective services; and

meaningful community engagement; and

(d) good governance of, and by, local government; and

(e) ethical and legal behaviour of councillors, council

employees and councillor advisors.

5 Relationship 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—

1 The 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.

2 The Local Government Act, chapter 2A would apply to the council

if the council were a component local government for a joint local

government.

3 The Local Government Act, chapter 5, part 1 applies to the council

as a local government for the purpose of providing for powers of

the State to monitor and evaluate the council and its councillors

and to take remedial action, including suspending or dismissing a

councillor or dissolving the council.

[s 6]

City of Brisbane Act 2010

Chapter 2 Brisbane City Council

Page 18 Current as at 28 June 2023

Authorised by the Parliamentary Counsel

4 The Local Government Act, chapter 5A applies to the council as a

local government for the purpose of dealing with the conduct of

councillors, including at a meeting of the council or its committees.

5 The Local Government Act, chapter 6, part 7 applies to the council

as a local government if an interim administrator is appointed to

act in place of its councillors under the Local Government Act,

chapter 5, part 1.

6 Definitions

The dictionary in schedule 2 defines particular words used in

this Act.

Chapter 2 Brisbane City Council

Part 1 City of Brisbane

7 City 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 2 Council constitution,

responsibilities and powers

8 What this part is about

This part explains—

[s 9]

City of Brisbane Act 2010

Chapter 2 Brisbane City Council

Current as at 28 June 2023 Page 19

Authorised by the Parliamentary Counsel

(a) what the Brisbane City Council is; and

(b) who constitutes the council; and

councillors and its employees.

9 The Brisbane City Council’s responsibility for Brisbane

The Brisbane City Council (the council) is the elected body

that is responsible for the good rule and local government of

Brisbane.

10 Brisbane City Council is a body corporate

The council—

(a) is a body corporate with perpetual succession; and

(b) has a common seal; and

under the name ‘Brisbane City Council’.

11 Powers 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

[s 12]

City of Brisbane Act 2010

Chapter 2 Brisbane City Council

Page 20 Current as at 28 June 2023

Authorised by the Parliamentary Counsel

(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.

12 Power 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

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.

[s 13]

City of Brisbane Act 2010

Chapter 2 Brisbane City Council

Current as at 28 June 2023 Page 21

Authorised by the Parliamentary Counsel

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.

13 Who 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—

(a) if all of the councillors have been suspended or the

council has been dissolved under the Local Government

Act, section 123 and an interim administrator is

appointed—the council is constituted by the interim

administrator; or

(b) if there are no councillors for any other reason and an

interim administrator has not been appointed—the

council is constituted by its chief executive officer.

14 Responsibilities 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—

[s 14]

City of Brisbane Act 2010

Chapter 2 Brisbane City Council

Page 22 Current as at 28 June 2023

Authorised by the Parliamentary Counsel

(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;

(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;

(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 executive

employees of the council under section 170.

[s 15]

City of Brisbane Act 2010

Chapter 2 Brisbane City Council

Current as at 28 June 2023 Page 23

Authorised by the Parliamentary Counsel

(5) When performing a responsibility, a councillor must serve the

overall public interest of the whole of Brisbane.

15 Responsibilities 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;

(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—

[s 16]

City of Brisbane Act 2010

Chapter 2 Brisbane City Council

Page 24 Current as at 28 June 2023

Authorised by the Parliamentary Counsel

(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;

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.

Part 3 Wards of Brisbane

16 What this part is about

This part is about the number of electors that are to be in each

ward of Brisbane to ensure democratic representation.

[s 17]

City of Brisbane Act 2010

Chapter 2 Brisbane City Council

Current as at 28 June 2023 Page 25

Authorised by the Parliamentary Counsel

17 Wards 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.

18 Review of wards of Brisbane

The 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.

[s 19]

City of Brisbane Act 2010

Chapter 2 Brisbane City Council

Page 26 Current as at 28 June 2023

Authorised by the Parliamentary Counsel

Part 4 Changing Brisbane area or

representation

Division 1 Introduction

19 What 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 2 The process for change

20 Who may start the change process

For a boundary change—

(a) the council; or

(b) the Minister; or

may apply to the change commission to assess whether the

change should be made.

[s 21]

City of Brisbane Act 2010

Chapter 2 Brisbane City Council

Current as at 28 June 2023 Page 27

Authorised by the Parliamentary Counsel

21 Assessment

(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

(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

(7) The change commission must also give the results of its

assessment to the Minister.

[s 22]

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(8) The change commission may recommend that the Governor in

Council implement the change commission’s assessment.

22 Implementation

(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.

23 Decisions under this division are not subject to appeal

A decision of the change commission under this division is

not subject to appeal.

Note—

See section 226 for more information.

[s 24]

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Chapter 3 The business of the council

Part 1 Statutory committees and

council meetings

Division 1 Statutory committees of the council

24 Establishment 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.

Division 2 Meetings of the council or its

committees

25 Chairperson 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 the council’s

procedures for the conduct of its meetings are observed and

enforced.

[s 26]

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Note—

The chairperson of the council also has powers under the Local

Government Act, section 150I in relation to particular conduct of

councillors at 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.

26 Mayor 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 2 Local laws

Division 1 Introduction

27 What 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

(4) An interim local law is a local law that has effect for 6 months

or less.

[s 28]

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(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.

28 Interaction with State laws

If 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 2 Making, recording and reviewing

local laws

29 Power 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

[s 30]

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30 Local 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.

31 State 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;

[s 32]

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(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.

32 Publication 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

(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

[s 33]

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(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.

33 Expiry 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

[s 34]

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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.

34 Local 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.

35 Consolidated 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.

[s 37]

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(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.

Division 3 Local laws that can not be made

37 What this division is about

This division specifies the subjects that the council must not

make a local law about.

38 Network 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.

39 Election 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—

[s 40]

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(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.

40 Development 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;

41 Anti-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.

[s 41A]

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(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.

41A Swimming 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;

pool safety standard under the Building Act.

[s 42]

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Current as at 28 June 2023 Page 39

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Division 4 Action by the Minister about

particular local laws

42 Suspending 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

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

[s 42A]

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(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.

Division 5 Miscellaneous

42A Local 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;

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).

[s 42B]

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Current as at 28 June 2023 Page 41

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(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.

42B Owners’ 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.

[s 43]

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(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.

Part 3 Beneficial enterprises and

business activities

Division 1 Beneficial enterprises

43 What 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.

[s 44]

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Current as at 28 June 2023 Page 43

Authorised by the Parliamentary Counsel

44 Conducting 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

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

unlimited corporation; or

(d) acquires or disposes of shares, debentures or securities

of an association or unlimited corporation.

[s 45]

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Page 44 Current as at 28 June 2023

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45 Identifying beneficial enterprises

The 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.

Division 2 Business reform, including

competitive neutrality

47 What 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

[s 48]

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Current as at 28 June 2023 Page 45

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Note—

A building certifying activity or roads activity is dealt with under

section 51.

48 Ways 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.

49 Identifying significant business activities

The 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

was applied to the significant business activities, and if

the principle was not applied, the reason why it was not

applied; and

[s 50]

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(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.

50 Assessing 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.

[s 51]

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(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.

51 Code 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.

[s 52]

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(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.

52 Competitive 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—

[s 65]

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Current as at 28 June 2023 Page 49

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(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.

Part 4 Roads and other infrastructure

Division 1 Roads

65 What 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;

(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

(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

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66 Control 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

(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.

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(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.

67 Notice 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 a 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.

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68 Compensation 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;

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—

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(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.

69 Appeal 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

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a structure, on the land—the permission was applied for

in good faith.

70 Acquisition 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.

71 What 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—

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(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.

72 Compensation 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.

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73 Acquiring 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;

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.

74 Notice 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.

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(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.

75 Closing 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

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.

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76 Temporary 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.

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(7) The compensation equals—

(a) the amount agreed between the person and the council;

(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.

77 The 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

(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.

78 Road 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

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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.

79 Assessment 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

(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

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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.

80 Categorisation of roads

The council must categorise the roads in Brisbane according

to the surface of the road.

81 Roads 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

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(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

(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.

82 Unauthorised 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.

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(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 2 Stormwater drains

83 What 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.

84 Connecting 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

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(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).

85 No 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 sewage facility within the meaning given in

the Plumbing and Drainage Act;

(b) a sewer for a property or building unit;

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

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(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

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(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.

86 No 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; or

Examples for paragraph (a)—

• ash, cinders, mud, sand, shavings and straw

• glass, metal and plastics

• cups, milk containers and paper and plastic dishes

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• 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

(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;

(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

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(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.

87 Interference 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 3 Other infrastructure

88 Malls

(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

(4) A person is not entitled to compensation on account of

injurious affection to any right or interest of a business,

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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.

89 City 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

or (b).

90 Resumption 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

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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;

(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.

91 Ferry 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.

[s 92]

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(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).

92 Materials 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;

(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.

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Part 5 Caretaker period arrangements

92A Caretaker 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.

92B Prohibition 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.

92C Invalidity 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

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(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.

92D Prohibition on election material in caretaker period

(1) The council or a controlled entity of 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.

Examples—

a fact sheet or newsletter that raises the profile of a councillor

(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).

(4) In this section—

control means the capacity of an entity to dominate

decision-making, directly or indirectly, in relation to the

financial and operating policies of another entity so as to

enable the other entity to operate with the first entity in

pursuing the first entity’s objectives.

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controlled entity, of the council, means an entity subject to the

control of either or both of the following—

(a) the council;

(b) another entity subject to the control of the council.

Chapter 4 Finances and accountability

Part 1 Rates and charges

93 What 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).

94 Types 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

(d) separate rates and charges.

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(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

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;

(5) Separate rates and charges are for any other service, facility

or activity.

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95 Land 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;

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;

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(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.

96 Power 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.

97 Overdue 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;

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(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).

98 Regulations for rates and charges

A 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

including by the sale of the land to which the rates and

charges relate.

Part 2 Fees

99 Cost-recovery fees

(1) The council may, under a local law or a resolution, fix a

cost-recovery fee.

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(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

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.

[s 100]

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100 Register 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

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.

101 Fees 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

(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.

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(4) For subsection (3), fee includes a tax.

Part 3 Financial planning and

accountability

102 Statutory 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.

103 Systems 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—

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(a) value for money; and

(b) open and effective competition; 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.

104 Approval 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 4 Councillors’ financial

accountability

105 What this part is about

This part is about councillors’ financial accountability.

106 Councillor’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—

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(a) budgeted for community purposes; and

(b) allocated by a councillor at the councillor’s discretion.

107 Councillors 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

by the council in relation to the disbursement.

(4) Those amounts may be recovered as a debt payable to the

council.

108 Councillors liable for loans to individuals

(1) The council must not, either directly or indirectly, make or

guarantee a loan to an individual.

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(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

by the council in relation to the loan.

(4) Those amounts may be recovered as a debt payable to the

council.

109 Councillors 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

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.

[s 114]

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Chapter 5 Monitoring and enforcing

the local government

related laws

Part 2 Monitoring and enforcement

powers

Division 1 Powers of authorised persons

Subdivision 1 Introduction

114 What 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

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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.

115 Producing 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 2 Power to require a person’s name

and address

116 Power 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

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person has just committed an infringement notice

offence; or

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 3 Powers to enter property etc.

117 Entering 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.

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(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).

118 Entering 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

(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

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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.

119 Entering 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

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(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

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—

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(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.

120 Warrants—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.

[s 120]

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(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—

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(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.

121 Entering 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

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.

[s 122]

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(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.

122 Entering 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;

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—

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(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.

123 Approving 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

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

[s 123]

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(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;

(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

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(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.

123A Entry 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 124]

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124 General 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

(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;

(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 125]

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125 Authorised 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.

126 Compensation 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;

(b) if the person and the council can not agree, the amount

that is decided by a court.

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(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 2 Powers of other persons

127 What 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

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.

[s 127A]

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(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.

127A Notices 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

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(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.

128 Identity 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.

129 Entry 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.

[s 130]

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130 Entry 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.

131 Occupier 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

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(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.

132 Entry 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.

[s 133]

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(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.

133 Entry 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

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

plantation, for example); or

(d) a State forest or timber reserve under the Forestry Act;

(e) a protected area under the Nature Conservation Act

1992.

[s 134]

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(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

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).

134 Entry 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

[s 135]

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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.

135 Entry 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.

[s 136]

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136 Entry 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

(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

made) when the court order ends.

[s 137]

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(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.

137 Compensation 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—

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(a) the amount agreed between the person and the council;

(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.

138 Limitation 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 3 Investigation of council records

Division 1 Introduction

139 What this part is about

This 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 or the Local

Government Act, chapter 5A.

Division 2 Investigations by department

140 Producing 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.

[s 141]

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(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.

141 Making 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.

142 Power 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, or the Local

Government Act, chapter 5A, 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.

[s 143]

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(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 3 Investigations by council

143 Producing 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.

[s 144]

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(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.

144 Making 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.

145 Power 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, or the Local

Government Act, chapter 5A, 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

[s 146]

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(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.

146 Referral 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, or

the Local Government Act, chapter 5A, relating to a register

or record.

[s 147]

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(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.

147 Chief executive officer not subject to direction

The chief executive officer is not subject to direction by the

mayor in acting under this division.

Part 4 Offences

148 Obstructing 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;

(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 part 2, division 2, unless the person has a

reasonable excuse.

[s 149]

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Maximum penalty—50 penalty units.

Notes—

1 Council workers are only those employees and agents of the

council who are authorised to act under part 2, division 2.

2 In particular circumstances a council worker may enter a property

and carry out work or obtain materials in compliance with 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.

149 Impersonating an authorised person

A person must not pretend to be an authorised person.

Maximum penalty—50 penalty units.

150 Duty to make documents available

A 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 or the Local Government

Act.

Example—

preventing a councillor from copying a council record under

section 172

Maximum penalty—10 penalty units.

[s 151]

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Chapter 6 Administration

Part 1 Introduction

151 What 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

(d) ending appointments.

Part 2 Councillors

Division 1 Qualifications of councillors

152 Qualifications of councillors

A 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

for an electoral district in Brisbane; and

(d) is not disqualified from being a councillor because of a

section in this division.

[s 153]

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Note—

See the Local Government Electoral Act 2011, section 26 about

who may be nominated as a candidate, or for appointment, as a

councillor.

153 Disqualification for certain offences or if dismissed

(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

integrity offence; or

(d) for 4 years after the person is convicted of an integrity

offence; or

(e) for the remainder of the term before the next

quadrennial elections, if the person has been dismissed.

(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

[s 154]

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(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

(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.

(8) In this section—

dismissed means dismissed as a councillor—

(a) under the Local Government Act, section 122; or

(b) because of the dissolution of the council under the Local

Government Act, section 123.

154 Disqualification 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

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(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

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.

155 Disqualification 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.

156 Disqualification 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

a final payment has not been made under the

composition.

(3) A bankruptcy law is—

(a) the Bankruptcy Act 1966 (Cwlth); or

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(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.

157 Judicial 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.

158 Acting as councillor without authority

A 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

Maximum penalty—85 penalty units.

158A 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;

Maximum penalty—100 penalty units.

[s 159]

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(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.

Division 2 Councillor’s term of office

159 When a councillor’s term starts

A 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.

160 When a councillor’s term ends

A 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 under

section 160AA—at the conclusion of the quadrennial

elections after the next quadrennial elections; or

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.

[s 160AA]

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160AA Extension of term of councillors elected at fresh

elections

A regulation may declare that the councillors elected at a fresh

election are elected for a term ending at the conclusion of the

quadrennial elections after the next quadrennial elections.

160A Compulsory leave without pay

A 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.

Division 3 Vacancies in councillor’s office

161 What 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—

[s 162]

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(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.

162 When a councillor’s office becomes vacant

A 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

(d) is absent from 2 or more consecutive ordinary meetings

of the council over a period of at least 2 months, unless

the councillor is absent—

(i) in compliance with an order made by the conduct

tribunal, the council or the chairperson of the

council or a committee of the council; or

(ii) with the council’s leave; or

(iii) while the councillor is suspended under

section 186B or the Local Government Act,

section 122 or 123; or

(e) is absent, without the council’s leave, for 2 or more

consecutive ordinary meetings of the council over at

least 2 months, unless the councillor is absent while the

councillor is suspended under section 186B; or

(f) resigns as a councillor by signed notice of resignation

given to the chief executive officer; or

[s 163]

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(g) dies; or

(h) becomes a council employee.

163 When 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.

164 Filling 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 165]

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165 Acting 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

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.

166 Filling 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—

[s 166]

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(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 167]

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Division 4 Councillors with other jobs

167 Councillors and council jobs

If 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.

Division 5 Obligations of councillors

169 Obligations 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) 30 days after being appointed or elected; or

(b) a longer period allowed by the Minister.

170 Giving directions to council staff

(1) The mayor may give a direction to the chief executive officer

or senior executive employees.

(2) However, a direction under subsection (1)—

(a) must not be given if it is inconsistent with a resolution,

or a document adopted by resolution, of the council; and

(b) must not be given to the chief executive officer if it

relates to—

[s 171]

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(i) the appointment of a council employee under

section 193(3); or

(ii) disciplinary action by the chief executive officer in

relation to a council employee under section 194 or

a councillor advisor; and

senior executive employee if it would result in the chief

executive officer or senior executive employee

contravening a provision of an Act.

(3) No councillor, including the mayor, may give a direction to

any other council employee except in accordance with

guidelines made under section 171A about the provision of

administrative support to councillors.

Note—

Contravention of subsection (3) is misconduct under the Local

Government Act that could result in disciplinary action being taken

against a councillor under that Act. See the Local Government Act,

sections 150L(1)(c)(v), 150AQ and 150AR.

171 Requests 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, relating to the

council.

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) If the advice or information requested under subsection (1) or

(2) relates to a document, the requirement under

subsection (8) to comply with the request includes a

requirement to provide a copy of the document.

[s 171]

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(4) Subsections (2) and (3) do not apply to information or a

document—

(a) that is a record of the conduct tribunal; or

(b) that was a record of the former conduct review panel; or

councillor would be contrary to an order of a court or

tribunal; or

(d) that would be privileged from production in a legal

proceeding on the ground of legal professional privilege.

(5) A request of a councillor under subsection (1) or (2) is of no

effect if the request does not comply with the acceptable

requests guidelines.

(6) Subsection (5) 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

request relates to the role of the chairperson.

(7) In this section a council employee includes a person

prescribed under a regulation.

(8) The chief executive officer must comply with a request made

to the chief executive officer under subsection (1) or (2)—

(a) within 10 business days after receiving the request; or

(b) if the chief executive officer reasonably believes it is not

practicable to comply with the request within 10

business days—within 20 business days after receiving

the request.

Maximum penalty—20 penalty units.

(9) If the chief executive officer forms the belief mentioned in

subsection (8)(b), the chief executive officer must give the

councillor written notice about the belief and the reasons for

the belief within 10 business days after receiving the request.

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(10) In this section—

former conduct review panel means the BCC councillor

conduct review panel under this Act as in force before the

commencement of the Local Government Electoral

(Implementing Stage 2 of Belcarra) and Other Legislation

Amendment Act 2019, section 34.

171A Guidelines about provision of administrative support to

councillors

(1) The chief executive officer may make guidelines about the

provision of administrative support by council employees to a

councillor.

(2) The guidelines must include—

(a) when a councillor may be provided with administrative

support by a council employee; and

(b) how and when a councillor may give a direction to a

council employee in relation to the provision of

administrative support; and

council employee only if the direction relates directly to

administrative support to be provided by the council

employee to the councillor under the guidelines.

(3) A direction purportedly given by a councillor to a council

employee is of no effect if the direction does not comply with

the guidelines.

172 Inspection 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.

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(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 conduct tribunal;

(b) a record of the former conduct review panel;

legal proceeding on the ground of legal professional

privilege;

(d) another record if disclosure of the record would be

contrary to an order of a court or tribunal.

(4) In this section—

former conduct review panel means the BCC councillor

conduct review panel under this Act as in force before the

commencement of the Local Government Electoral

(Implementing Stage 2 of Belcarra) and Other Legislation

Amendment Act 2019, section 34.

173 Use 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.

[s 174]

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Note—

Contravention of subsection (3) is misconduct under the Local

Government Act that could result in disciplinary action being taken

against a councillor under that Act. See the Local Government Act,

sections 150L(1)(c)(v), 150AQ and 150AR.

174 Failure to give particular returns under Local

Government Electoral Act 2011

(1) If a person who is elected as a councillor fails to give a

summary return within the required period or a longer period

allowed by the Minister, the person ceases to be a councillor

on the day immediately after the required period or the longer

period ends.

Note—

In particular circumstances, the required period may be taken to be

extended—see section 175.

(2) However, subsections (3) to (5) apply if—

(a) under the Local Government Electoral Act 2011, an

agent was required to give the summary return for—

(i) the person; or

(ii) a group of candidates of which the person was a

member; or

(iii) a political party that endorsed the candidature of

the person; and

(b) the agent fails to give the summary return within the

required period.

(3) As soon as practicable after the date of the notice given to the

person under the Local Government Electoral Act 2011,

section 130C that the agent has failed to give the summary

return, the person must give the Minister a notice stating

that—

(a) the agent failed to give the summary return within the

required period; and

(b) the person intends to give the return under

subsection (4).

[s 175]

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(4) The person must give the summary return within—

(a) 30 days after the date of the notice of the agent’s failure;

(b) a longer period allowed by the Minister.

Note—

In particular circumstances, the period mentioned in paragraph (a) may

be taken to be extended—see section 175.

(5) The person ceases to be a councillor if the person does not

comply with subsection (4).

(6) In this section—

required period, for a summary return, means the period

within which the summary return must be given under the

Local Government Electoral Act 2011.

summary return means a return required to be given under

the following provisions of the Local Government Electoral

Act 2011—

(a) section 117(4);

(b) section 118(4);

(d) section 125(2).

175 Extension of time for giving summary return

(1) For section 174(1) or (4), a person who is elected as a

councillor may make a written request to the Minister to allow

a longer period for giving a summary return.

(2) The request must be made before the following period (the

relevant period) ends—

(a) for section 174(1), the required period;

(b) for section 174(4), the period mentioned in

section 174(4)(a).

[s 177]

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(3) If, when the relevant period ends, the Minister has not decided

the request, the relevant period is taken to be extended until

the date of the notice of the Minister’s decision on the request.

(4) In this section—

required period see section 174(6).

summary return see section 174(6).

177 Post-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 5A Councillors’ conflicts of interest

Subdivision 1 Preliminary

177A Purpose of division

The purpose of this division is to ensure that if a councillor

has a personal interest in a matter, the council deals with the

matter in an accountable and transparent way that meets

community expectations.

177B When does a person participate in a decision

Without limiting when a person participates in a decision, in

this division, a reference to a councillor or other person

[s 177C]

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participating in a decision includes a reference to the

councillor or other person—

(aa) if the councillor or other person is wholly or partly

responsible for making the decision—considering or

discussing the matter to which the decision relates

before the decision is made; and

(a) considering, discussing or voting on the decision in a

council meeting; and

(b) considering or making the decision under—

(i) an Act; or

(ii) a delegation; or

(iii) another authority.

177C Personal interests in ordinary business matters of

council

(1) This division does not apply in relation to a conflict of interest

in a matter if the matter—

(a) is solely, or relates solely to, the making or levying of

rates and charges, or the fixing of a cost-recovery fee, by

the council; or

(b) is solely, or relates solely to—

(i) making a planning scheme that applies to the

whole of Brisbane; or

(ii) amending a planning scheme, if the amendment

applies to the whole of Brisbane; or

the adoption or amendment of a budget for the council;

(d) is solely, or relates solely to—

(i) the remuneration or reimbursement of expenses of

councillors or members of a committee of the

council; or

[s 177C]

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(ii) the provision of superannuation entitlements or

insurance for councillors; or

(iii) a matter of interest to the councillor solely as a

candidate for election or appointment as mayor,

deputy mayor, councillor or member of a

committee of the council.

(2) Also, this division does not apply in relation to a councillor’s

conflict of interest in a matter relating to a corporation or

association that arises solely because of a nomination or

appointment of the councillor by the council to be a member

of the board of the corporation or association.

(2A) In addition, this division does not apply in relation to a

councillor’s conflict of interest in a matter if the councillor,

close associate or related party of the councillor, or the donor

mentioned in section 177D(1)(a) or 177E(1)(a) stands to gain

a benefit or suffer a loss in relation to the matter that is no

greater than the benefit or loss that a significant proportion of

persons in Brisbane stand to gain or lose.

(3) However, if a councillor decides to voluntarily comply with

this division in relation to personal interests of the councillor

in the matter—

(a) the personal interests are taken to be a declarable

conflict of interest; and

(b) this division applies as if eligible councillors had, under

section 177O(2), decided the councillor has a declarable

conflict of interest in the matter.

Note—

See section 177P for requirements for dealing with a conflict of interest

mentioned in this subsection.

[s 177D]

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Subdivision 2 Prescribed conflicts of interest

177D When councillor has prescribed conflict of

interest—particular gifts or loans

(1) A councillor has a prescribed conflict of interest in a matter

if—

(a) a gift or loan is given by an entity (the donor) that has an

interest in the matter in a circumstance mentioned in

subsection (2); and

(b) the gift or loan is given during the relevant term for the

councillor; and

benefits under section 177E given by the donor to the

councillor, or a close associate of the councillor, during

the councillor’s relevant term total $2,000 or more.

(2) For subsection (1)(a), the circumstances are—

(a) where—

(i) the donor gives the gift or loan to the councillor;

and

(ii) the gift or loan is required to be the subject of a

return under the Local Government Electoral Act

2011, part 6; or

(b) where—

(i) the donor gives the gift or loan to a group of

candidates for an election when the councillor is a

member of the group, or a political party that

endorses the councillor for an election; and

(ii) the councillor is a candidate in the election; and

(iii) the gift or loan is required to be the subject of a

return under the Local Government Electoral Act

2011, part 6 or the Electoral Act, part 11,

division 11; or

[s 177E]

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associate of the councillor, other than in a circumstance

mentioned in paragraph (a) or (b).

(2A) Subsection (3) applies for gifts or loans given by a donor—

(a) to a group of candidates when the councillor is a

member of the group; or

(b) to a political party that endorses the councillor.

(3) For working out the total gifts or loans given by the donor for

subsection (1)(c), the amount of each gift or loan given to the

group or political party must first be divided by—

(a) for a group of candidates for an election—the total

number of candidates who are members of the group; or

(b) for a political party endorsing the candidate for an

election—the total number of candidates endorsed by

the political party in Queensland on the nomination day

for the election under the Local Government Electoral

Act 2011.

177E When councillor has prescribed conflict of

interest—sponsored travel or accommodation benefits

(1) A councillor has a prescribed conflict of interest in a matter

if—

(a) a sponsored travel or accommodation benefit is given by

an entity (the donor) that has an interest in the matter

to—

(i) the councillor; or

(ii) a close associate of the councillor; and

(b) the sponsored travel or accommodation benefit is

given—

(i) during the relevant term for the councillor; and

(ii) while the councillor holds office as councillor; and

benefits given by the donor to the councillor or close

[s 177E]

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associate during the councillor’s relevant term total

$2,000 or more.

(1A) Section 177D(2A) and (3) applies for working out the total

gifts or loans given by the donor for subsection (1)(c).

(2) In this section—

employment-related or upgraded, in relation to a person’s

travel or accommodation, means—

(a) the travel or accommodation is paid for by the State or a

local government; or

(b) the travel or accommodation—

(i) is undertaken or used by the person in the course of

the person’s employment; and

(ii) is contributed to, whether financially or

non-financially, by the person’s employer; or

accommodation—

(i) is undertaken or used by the person in the course of

carrying out the person’s duties as a director; and

(ii) is contributed to, whether financially or

non-financially, by the corporation; or

(d) if the travel is airline travel—an upgrade to the travel is

given by the provider of the travel for no charge; or

Example—

a free air travel upgrade to business class

(e) an upgrade to the accommodation is given by the

provider of the accommodation for no charge.

Example—

a free accommodation upgrade to a larger room

sponsored travel or accommodation benefit, received by a

person, means travel or accommodation undertaken or used

by the person, other than employment-related or upgraded

travel or accommodation, if—

[s 177F]

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(a) another entity contributes, whether financially or

non-financially, to the cost of the travel or

accommodation; and

(b) the other entity is not the person’s spouse, other family

member or friend.

177F When councillor has prescribed conflict of

interest—other

A councillor has a prescribed conflict of interest in a matter

if—

(a) the matter is or relates to a contract between the council

and the councillor, or a close associate of the councillor,

for—

(i) the supply of goods or services to the council; or

(ii) the lease or sale of assets by the council; or

(aa) a person who is being considered for appointment as

chief executive officer is a close associate of the

councillor and the matter is or relates to the appointment

of the person; or

(b) the chief executive officer is a close associate of the

councillor and the matter is or relates to the

appointment, discipline, termination, remuneration or

other employment conditions of the chief executive

officer; or

council for the grant of a licence, permit, registration or

approval or consideration of another matter under a

local government related law, if—

(i) the application was made to the council by the

councillor or a close associate of the councillor; or

(ii) the councillor or a close associate of the councillor

makes or has made a written submission to the

council in relation to the application before it is or

was decided.

[s 177G]

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177G Who is a close associate of a councillor

(1) A person is a close associate of a councillor if the person is

any of the following in relation to the councillor—

(a) a spouse;

(b) a parent, child or sibling;

(d) an employer, other than a government entity;

(e) an entity, other than a government entity, for which the

councillor is an executive officer or board member;

(f) an entity in which the councillor or a person mentioned

in any of paragraphs (a) to (e) for the councillor has an

interest, other than an interest of less than 5% in an

entity that is a listed corporation under the Corporations

Act, section 9.

(2) However, a parent, child or sibling is a close associate of the

councillor in relation to a matter only if the councillor knows,

or ought reasonably to know, about the parent’s, child’s or

sibling’s involvement in the matter.

177H Councillor must not participate in decisions

(1) If a councillor has a prescribed conflict of interest in a matter,

the councillor must not participate in a decision relating to the

matter.

Note—

Contravention of this section is misconduct under the Local

Government Act that could result in disciplinary action being taken

against a councillor—see section 150L(1)(c)(v) of that Act. Also, this

section is a relevant integrity provision for the offence against

section 198D—see section 198D(2), definition relevant integrity

provision.

(2) However, the councillor does not contravene subsection (1) by

participating in a decision under an approval given under

section 177S.

[s 177I]

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177I Obligation of councillor with prescribed conflict of

interest

(1) This section applies to a councillor if—

(a) the councillor may participate, or is participating, in a

decision about a matter; and

(b) the councillor becomes aware the councillor has a

prescribed conflict of interest in the matter.

(2) If the councillor first becomes aware the councillor has the

prescribed conflict of interest in the matter at a council

meeting, the councillor must immediately inform the meeting

of the prescribed conflict of interest, including the particulars

stated in subsection (4).

(3) If subsection (2) does not apply, the councillor must—

(a) as soon as practicable, give the chief executive officer

written notice of the prescribed conflict of interest,

including the particulars stated in subsection (4); and

(b) give notice of the prescribed conflict of interest,

including the particulars stated in subsection (4), at—

(i) the next meeting of the council; or

(ii) if the matter is to be considered and decided at a

meeting of a committee of the council—the next

meeting of the committee.

Note—

Contravention of subsection (2) or (3) is misconduct under the Local

Government Act that could result in disciplinary action being taken

against a councillor—see section 150L(1)(c)(v) of that Act. Also, this

section is a relevant integrity provision for the offence against

section 198D—see section 198D(2), definition relevant integrity

provision.

(4) For subsections (2) and (3), the particulars for the prescribed

conflict of interest are the following—

(a) for a gift, loan or contract—the value of the gift, loan or

contract;

[s 177J]

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(b) for an application for which a submission has been

made—the matters the subject of the application and

submission;

an interest in the matter;

(d) the nature of the councillor’s relationship with the entity

mentioned in paragraph (c);

(e) details of the councillor’s, and any other entity’s, interest

in the matter.

177J Dealing with prescribed conflict of interest at a meeting

(1) This section applies if a councillor gives a notice at, or

informs, a meeting of the councillor’s prescribed conflict of

interest in a matter.

(2) The councillor 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.

Maximum penalty—200 penalty units or 2 years

imprisonment.

(3) However, the councillor does not contravene subsection (2) by

participating in a decision or being present under an approval

given under section 177S.

Subdivision 3 Declarable conflicts of interest

177K What is a declarable conflict of interest

Subject to section 177L, a councillor has a declarable conflict

of interest in a matter if—

(a) the councillor has, or could reasonably be presumed to

have, a conflict between the councillor’s personal

interests, or the personal interests of a related party of

the councillor, and the public interest; and

[s 177L]

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(b) because of the conflict, the councillor’s participation in

a decision about the matter might lead to a decision that

is contrary to the public interest.

177L Interests that are not declarable conflicts of interest

(1) A councillor who has a conflict of interest in a matter does not

have a declarable conflict of interest in the matter if—

(a) the conflict of interest is a prescribed conflict of interest

in the matter; or

(b) the conflict of interest arises solely because—

(i) the councillor undertakes an engagement in the

capacity of councillor for a community group,

sporting club or similar organisation, and is not

appointed as an executive officer of the

organisation; or

(ii) the councillor, or a related party of the councillor,

is a member or patron of a community group,

sporting club or similar organisation, and is not

appointed as an executive officer of the

organisation; or

(iii) the councillor, or a related party of the councillor,

is a member of a political party; or

(iv) the councillor, or a related party of the councillor,

has an interest in an educational facility or provider

of a child care service as a student or former

student, or a parent or grandparent of a student, of

the facility or service; or

religious beliefs of the councillor or a related party of

the councillor; or

(e) the conflict of interest arises solely because the

councillor, or a related party of the councillor, receives a

gift, loan or sponsored travel or accommodation benefit

from an entity, if—

[s 177L]

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(i) the gift, loan or benefit is given in circumstances

that would constitute a prescribed conflict of

interest under section 177D or 177E if the total

gifts, loans and benefits given by the entity totalled

$2,000 or more; and

(ii) the total gifts, loans and benefits given by the

entity to the councillor or related party total less

than $500 during the councillor’s relevant term; or

(f) the conflict of interest relates to the appointment,

discipline, termination, remuneration or other

employment conditions of a councillor advisor for the

councillor, if the conflict of interest arises solely

because the councillor advisor is a related party, other

than a close associate, of the councillor.

(2) For subsection (1)(e), for assessing whether the receipt of a

gift, loan or sponsored travel or accommodation benefit in

particular circumstances by a councillor or a related party of a

councillor constitutes a declarable conflict of interest, a

reference in section 177D or 177E to a close associate of a

councillor is taken to be a reference to a related party of the

councillor.

(2A) Section 177D(2A) and (3) applies for working out, under

subsection (1)(e)(ii), the total gifts, loans and sponsored travel

or accommodation benefits given by the entity as if a

reference in that section to a donor were a reference to the

entity.

(3) In this section—

patron, of a community group, sporting club or similar

organisation, means a person who, under a formal

arrangement, provides public support to the group, club or

organisation as its ambassador or representative.

sponsored travel or accommodation benefit see

section 177E.

[s 177M]

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177M Who is a related party of a councillor

(1) A person is a related party of a councillor if the person is any

of the following in relation to the councillor—

(a) an entity in which the councillor, or a person mentioned

in paragraph (b), (c) or (d), has an interest;

(b) a close associate of the councillor, other than an entity

mentioned in section 177G(1)(f);

(d) a person who has a close personal relationship with the

councillor.

(2) However, a parent, child or sibling of the councillor’s spouse,

or a person who has a close personal relationship with the

councillor, is a related party of the councillor in relation to a

matter only if the councillor knows, or ought reasonably to

know, about the parent’s, child’s, sibling’s or person’s

involvement in the matter.

177N Obligation of councillor with declarable conflict of

interest

(1) This section applies to a councillor if—

(a) the councillor may participate, or is participating, in a

decision about a matter; and

(b) the councillor becomes aware the councillor has a

declarable conflict of interest in the matter.

(2) If the councillor first becomes aware the councillor has the

declarable conflict of interest at a council meeting, the

councillor—

(a) must stop participating, and must not further participate,

in a decision relating to the matter; and

(b) must immediately inform the meeting of the declarable

conflict of interest, including the particulars stated in

subsection (4).

(3) If subsection (2) does not apply, the councillor—

[s 177N]

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(a) must stop participating, and must not further participate,

in a decision relating to the matter; and

(b) as soon as practicable, must give the chief executive

officer notice of the councillor’s declarable conflict of

interest in the matter, including the particulars stated in

subsection (4); and

including the particulars stated in subsection (4), at—

(i) the next meeting of the council; or

(ii) if the matter is to be considered and decided at a

meeting of a committee of the council—the next

meeting of the committee.

Note—

Contravention of subsection (2) or (3) is misconduct under the Local

Government Act that could result in disciplinary action being taken

against a councillor—see section 150L(1)(c)(v) of that Act. Also, this

section is a relevant integrity provision for the offence against

section 198D—see section 198D(2), definition relevant integrity

provision.

(4) For subsections (2) and (3), the particulars for the declarable

conflict of interest are the following—

(a) the nature of the declarable conflict of interest;

(b) if the declarable conflict of interest arises because of the

councillor’s relationship with a related party—

(i) the name of the related party; and

(ii) the nature of the relationship of the related party to

the councillor; and

(iii) the nature of the related party’s interests in the

matter;

arise because of the receipt of a gift or loan from another

person—

(i) the name of the other person; and

[s 177O]

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(ii) the nature of the relationship of the other person to

the councillor or related party; and

(iii) the nature of the other person’s interests in the

matter; and

(iv) the value of the gift or loan, and the date the gift

was given or loan was made.

(5) A councillor does not contravene subsection (2)(a) or (3)(a)

if—

(a) the councillor has otherwise complied with this section;

and

(b) either—

(i) a decision has been made under

section 177P(3)(a)(i) or (b)(i) that the councillor

may participate in the decision despite having a

declarable conflict of interest in the matter; or

(ii) the councillor is participating in the decision under

an approval given under section 177S.

177O Procedure if meeting informed of councillor’s personal

interests

(1) This section applies if a council meeting is informed that a

councillor has personal interests in a matter by a person other

than the councillor.

(2) The eligible councillors at the meeting must decide whether

the councillor has a declarable conflict of interest in the

matter.

177P Procedure if councillor has declarable conflict of interest

(1) This section applies if a councillor has a declarable conflict of

interest in a matter as notified at a meeting under

section 177N(2) or (3) or decided by eligible councillors at a

meeting under section 177O(2).

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(2) However, this section does not apply in relation to a decision

about the matter if the councillor who has the declarable

conflict of interest voluntarily decides not to participate in the

decision.

(3) The eligible councillors at the meeting must, by resolution,

decide—

(a) for a matter that would, other than for the councillor’s

declarable conflict of interest, have been decided by the

councillor under an Act, delegation or other authority,

whether the councillor—

(i) may participate in the decision despite the

councillor’s conflict of interest; or

(ii) must not participate in the decision, and 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 eligible councillors

discuss and vote on the matter; or

(b) for another matter, whether the councillor—

(i) may participate in a decision about the matter at

the meeting, including by voting on the matter; or

(ii) 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 eligible

councillors discuss and vote on the matter.

(4) The eligible councillors may impose conditions on the

councillor under a decision mentioned in subsection (3)(a)(i)

or (b)(i).

Example—

The eligible councillors may decide that the councillor may participate

in a decision about the matter by discussing it at the meeting under

subsection (3)(b)(i), but may impose the condition that the councillor

must leave the place at which the meeting is being held while the matter

is voted on.

(5) The councillor must comply with—

(a) a decision under subsection (3)(a)(ii) or (b)(ii); or

[s 177Q]

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(b) any conditions imposed on a decision under

subsection (4).

Maximum penalty—100 penalty units or 1 year’s

imprisonment.

(6) However, the councillor does not contravene subsection (5) by

participating in a decision or being present under an approval

given under section 177S.

177Q Decisions of eligible councillors

(1) A decision by eligible councillors may be made under

section 177O or 177P, other than in relation to a matter

mentioned in section 177R, even if—

(a) the number of eligible councillors is less than a

majority; or

(b) the eligible councillors do not form a quorum for the

meeting.

(2) The councillor who is the subject of the decision may remain

at the meeting while the decision is made, but can not vote or

otherwise participate in the making of the decision, other than

by answering a question put to the councillor necessary to

assist the eligible councillors to make the decision.

(3) If the eligible councillors can not make a decision under

section 177O or 177P, the eligible councillors are taken to

have decided under section 177P(3)(a)(ii) or (b)(ii) that the

councillor must leave, and stay away from, the place where

the meeting is being held while the eligible councillors

discuss and vote on the matter.

(4) A decision about a councillor under section 177O or 177P for

a matter applies in relation to the councillor for participating

in the decision, and all subsequent decisions, about the matter.

[s 177R]

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Subdivision 4 Other matters

177R Procedure if no quorum for deciding matter because of

prescribed conflicts of interest or declarable conflicts of

interest

(1) This section applies in relation to a meeting if—

(a) a matter in which 1 or more councillors have a

prescribed conflict of interest or declarable conflict of

interest is to be decided at the meeting; and

(b) there is less than a quorum remaining at the meeting

after any of the councillors mentioned in paragraph (a)

leave, and stay away from, the place where the meeting

is being held.

(2) The council must do 1 of the following—

(a) delegate deciding the matter under section 238, unless

the matter can not be delegated under that section;

(b) decide, by resolution, to defer the matter to a later

meeting;

no further action in relation to the matter.

(3) The council must not delegate deciding the matter to an entity

if the entity, or a majority of its members, have personal

interests that are, or are equivalent in nature to, a prescribed

conflict of interest or declarable conflict of interest in the

matter.

(4) A councillor does not contravene section 177H(1), 177J(2),

177N(2)(a) or (3)(a) or 177P(5) by participating in a decision,

or being present while the matter is discussed and voted on,

for the purpose of delegating the matter or making a decision

under subsection (2)(b) or (c).

[s 177S]

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177S 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 deciding a matter in a

meeting, including being present while the matter is discussed

and voted on, if—

(a) the matter could not otherwise be decided at the meeting

because of a circumstance mentioned in

section 177R(1); and

(b) deciding the matter can not be delegated under

section 238.

(2) The Minister may give the approval subject to the conditions

stated in the notice.

177T Duty to report another councillor’s prescribed conflict of

interest or declarable conflict of interest

(1) This section applies if a councillor reasonably believes or

reasonably suspects—

(a) another councillor who has a prescribed conflict of

interest in a matter is participating in a decision in

contravention of section 177H(1); or

(b) another councillor who has a declarable conflict of

interest in a matter is participating in a decision in

contravention of section 177N(2)(a) or (3)(a).

(2) The councillor who has the belief or suspicion must—

(a) if the belief or suspicion arises in a council

meeting—immediately inform the person who is

presiding at the meeting about the belief or suspicion; or

(b) otherwise—as soon as practicable, inform the chief

executive officer of the belief or suspicion.

(3) The councillor must also inform the person presiding, or the

chief executive officer, of the facts and circumstances forming

the basis of the belief or suspicion.

[s 177U]

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Note—

Contravention of subsection (2) or (3) is misconduct under the Local

Government Act that could result in disciplinary action being taken

against a councillor—see section 150L(1)(c)(v) of that Act.

177U Obligation of councillor if conflict of interest reported

under s 177T

(1) If, under section 177T, a councillor (the informing

councillor) informs the person presiding at a council meeting

of a belief or suspicion about another councillor (the relevant

councillor), the relevant councillor must do 1 of the

following—

(a) if the relevant councillor has a prescribed conflict of

interest—comply with section 177I(2);

(b) if the relevant councillor has a declarable conflict of

interest—comply with section 177N(2);

conflict of interest or declarable conflict of

interest—inform the meeting of the relevant councillor’s

belief, including reasons for the belief.

(2) If subsection (1)(c) applies—

(a) the informing councillor must inform the meeting about

the particulars of the informing councillor’s belief or

suspicion; and

(b) the eligible councillors at the meeting must decide

whether or not the relevant councillor has a prescribed

conflict of interest or declarable conflict of interest in

the matter.

(3) If the eligible councillors at the meeting decide the relevant

councillor has a prescribed conflict of interest in the matter,

section 177J is taken to apply to the relevant councillor for the

matter.

(4) If the eligible councillors decide the relevant councillor has a

declarable conflict of interest in the matter, sections 177N(2)

[s 177V]

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and 177P are taken to apply in relation to the relevant

councillor for the matter.

177V Offence to take retaliatory action

A person must not, because a councillor complied with

section 177T—

(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

the councillor or another person.

Maximum penalty—167 penalty units or 2 years

imprisonment.

177W Councillor with prescribed conflict of interest or

declarable conflict of interest must not influence others

(1) This section applies to a councillor who has a prescribed

conflict of interest or declarable conflict of interest in a

matter.

(2) The councillor must not direct, influence, attempt to

influence, or discuss the matter with, another person who is

participating in a decision of the council relating to the matter.

Note—

Contravention of this section is misconduct under the Local

Government Act that could result in disciplinary action being taken

against a councillor—see section 150L(1)(c)(v) of that Act. Also, this

section is a relevant integrity provision for the offence against

section 198D—see section 198D(2), definition relevant integrity

provision.

(3) A councillor does not contravene subsection (2) solely by

participating in a decision relating to the matter, including by

voting on the matter, if the participation is—

[s 177X]

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(a) permitted under a decision mentioned in

section 177P(3)(a)(i) or (b)(i); or

(b) approved under section 177S.

(4) A councillor does not contravene subsection (2) solely

because the councillor gives the chief executive officer the

following information in compliance with this division—

(a) factual information about a matter;

(b) information that is required to be given to the council

about a matter, including in an application, to enable the

council to decide the matter.

177X Records about prescribed conflicts of interest or

declarable conflicts of interest—meetings

(1) Subsection (2) applies if a councillor gives notice to, or

informs, a council meeting that the councillor, or another

councillor, has a prescribed conflict of interest or declarable

conflict of interest in a matter.

(2) The following information must be recorded in the minutes of

the meeting or, if minutes are not required for the meeting, in

another way prescribed by regulation—

(a) the names of the councillor and any other councillor

who may have a prescribed conflict of interest or

declarable conflict of interest;

(b) the particulars of the prescribed conflict of interest or

declarable conflict of interest;

(i) the action the councillor takes under

section 177U(1); and

(ii) any decision made by the eligible councillors

under section 177U(2);

(d) whether the councillor participated in deciding the

matter, or was present for deciding the matter, under an

approval under section 177S;

[s 186B]

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(e) for a matter to which the prescribed conflict of interest

or declarable conflict of interest relates—the name of

each eligible councillor who voted on the matter, and

how each eligible councillor voted.

(3) Subsection (4) applies if the councillor has a declarable

conflict of interest.

(4) In addition to the information mentioned in subsection (2), the

following information must be recorded in the minutes of the

meeting or, if minutes are not required for the meeting, in

another way prescribed by regulation—

(a) for a decision under section 177O(2)—the name of each

eligible councillor who voted in relation to whether the

councillor has a declarable conflict of interest, and how

each eligible councillor voted;

(b) for a decision under section 177P—

(i) the decision, and reasons for the decision; and

(ii) the name of each eligible councillor who voted on

the decision, and how each eligible councillor

voted.

Division 8 Automatic suspension of

councillors

186B 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 186C]

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186C When a person is charged with disqualifying offence and

proceeding is started

For 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.

186D 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;

[s 186E]

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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.

186E 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.

186F When suspension of councillor ends

If 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

[s 186G]

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(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;

section 162.

Division 9 Criminal history information

186G 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—

[s 186H]

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(a) spent convictions; and

(b) every charge made against the councillor for an offence,

in Queensland or elsewhere.

186H 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

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—

[s 190]

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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.

Part 4 Council employees, councillor

advisors etc.

Division 1 Chief executive officer

190 Appointing 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).

[s 191]

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191 Appointing an acting chief executive officer

The 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.

Division 2 Other council employees

192 Appointing senior executive employees

(1) The council must appoint qualified persons to be the council’s

senior executive employees.

(2) A person is qualified to be a senior executive employee if the

person has the ability, experience, knowledge and skills that

the council considers appropriate, having regard to the

responsibilities of the senior executive employee.

193 Appointing 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 executive 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.

[s 194]

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194 Disciplinary 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.

Division 2A Councillor advisors

194A Appointment and functions of councillor advisors

(1) A councillor may appoint 1 or more appropriately qualified

persons (each a councillor advisor) to assist the councillor in

performing responsibilities under this Act.

Examples of assistance—

administrative support, coordinating media activities, event

management functions, policy development, office management

(2) However, the councillor must not—

(a) appoint a close associate of the councillor as a

councillor advisor; or

(b) appoint more than the number of councillor advisors

prescribed under section 194C(1)(a).

(3) If the councillor appoints a councillor advisor, the councillor

advisor must enter into a written contract of employment with

the council.

(4) The contract of employment must provide for—

(a) the councillor advisor’s conditions of employment,

including remuneration, leave and superannuation

entitlements; and

(b) the councillor advisor’s functions and key

responsibilities; and

[s 194B]

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the councillor advisor code of conduct made by the

Minister under the Local Government Act,

section 197C; and

(d) when disciplinary action may be taken, and the types of

disciplinary action that may be taken, against the

councillor advisor.

(5) The councillor advisor’s functions and responsibilities can not

include—

(a) carrying out or assisting in an activity relating to a

councillor’s campaign for re-election; or

Note—

A person who is appointed as a councillor advisor may carry out

or assist in an activity mentioned in paragraph (a) other than in

the person’s capacity as a councillor advisor.

(b) directing a council employee.

(6) The councillor who appointed the councillor advisor may give

a direction to the councillor advisor.

194B When appointment ends

(1) A councillor advisor’s appointment automatically ends on the

day the councillor advisor is convicted of an offence against

any of the following provisions—

(a) section 197(2) or (4);

(b) section 198D;

(d) section 215(1).

(2) Also, a councillor advisor’s appointment automatically ends 2

weeks after the day either of the following happens—

(a) the term of the councillor who appointed the councillor

advisor ends;

(b) the councillor who appointed the councillor advisor is

suspended.

[s 194C]

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194C Regulation may prescribe particular matters relating to

councillor advisors

(1) A regulation may—

(a) prescribe the maximum number of councillor advisors

each councillor may appoint; and

(b) limit the functions and key responsibilities that may be

provided for in a councillor advisor’s contract of

employment.

(2) Before recommending to the Governor in Council the making

of a regulation under subsection (1)(a), the Minister must ask

the remuneration commission for its recommendation about

the proposed regulation.

(3) The Minister must have regard to the recommendation of the

remuneration commission in recommending the making of the

regulation to the Governor in Council.

(4) The maximum number of councillor advisors prescribed

under subsection (1)(a)—

(a) is the number of full-time equivalent councillor advisors

a councillor may appoint; and

(b) does not prevent a councillor appointing more than 1

part-time councillor advisor to perform the role of 1

full-time councillor advisor.

(5) In this section—

remuneration commission see the Local Government Act,

section 176.

Division 3 Common provisions

195 Concurrent employment of council employees

(1) This section applies to all council employees, including the

chief executive officer.

[s 196]

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(2) A council employee may be employed by more than 1 local

government at the same time, if each of the local governments

agree.

196 Improper conduct by council employees

(1) This section applies to the following persons—

(a) a council employee;

(b) a contractor of the council;

(2) The person must not ask for, or accept, a fee or other benefit

for doing something as a person mentioned in

subsection (1)(a), (b) or (c).

Maximum penalty—100 penalty units or 2 years

imprisonment.

(3) However, subsection (2) does not apply to—

(a) remuneration paid by the council; or

(b) a benefit that has only a nominal value.

(4) The person must not unlawfully destroy or damage property

of the council.

Maximum penalty—100 penalty units or 2 years

imprisonment.

197 Use of information by council employees and councillor

advisors

(1) This section applies to a person who is, or has been, any of the

following—

(a) a council employee;

(b) a councillor advisor;

(d) another type of person prescribed by regulation.

[s 198]

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(2) The person must not use information acquired as a person

mentioned in subsection (1)(a), (b), (c) or (d) 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.

(3) Subsection (2) does not apply to information that is lawfully

available to the public.

(4) The person 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—100 penalty units or 2 years

imprisonment.

198 Annual report must detail particular information about

council employees and councillor advisors

(1) The annual report of the council must state—

(a) the total of all remuneration packages that are payable

for the year to the senior management; and

(b) the number of employees in senior management who are

being paid each band of remuneration; and

(i) the number of councillor advisors appointed by the

councillor for the year; and

(ii) the total remuneration payable to all councillor

advisors appointed by the councillor for the year.

(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.

[s 198A]

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(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.

Part 4A Obligations of councillors and

councillor advisors

198A Obligation of councillor or councillor advisor to inform

chief executive officer of particulars of interests at start

of term or on appointment

(1) This section applies if—

(a) a councillor, at the start of the councillor’s term, has an

interest that must, under a regulation, be recorded in a

related to the councillor; or

(b) a councillor advisor, when the advisor is appointed, has

an interest that must, under a regulation, be recorded in a

related to the advisor.

(2) The councillor or councillor advisor must, in the approved

form, inform the chief executive officer of the particulars

required to be included in a register of interests under a

regulation within 30 days after the day the councillor’s term

starts or the advisor is appointed.

Note—

Contravention of this section by a councillor is misconduct under the

Local Government Act that could result in disciplinary action being

taken against the councillor—see section 150L(1)(c)(v) of that Act.

Also, this section is a relevant integrity provision for the offence against

section 198D—see section 198D(2), definition relevant integrity

provision.

(3) 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—

[s 198B]

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(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.

(4) A person is related to a councillor advisor if—

(a) the person is the advisor’s spouse; or

(b) the person is totally or substantially dependent on the

advisor and—

(i) the person is the advisor’s child; or

(ii) the person’s affairs are so closely connected with

the affairs of the advisor that a benefit derived by

the person, or a substantial part of it, could pass to

the advisor.

198B Obligation of councillor or councillor advisor to correct

(1) This section applies if—

(a) a councillor or councillor advisor, or a person who is

related to the councillor or councillor advisor, acquires

an interest that must be, but is not, recorded in a register

of interests under a regulation; or

(b) there is a change to the particulars required to be

included in a register of interests under a regulation

for—

(i) a councillor or councillor advisor; or

(ii) a person who is related to the councillor or advisor.

(2) The councillor or councillor advisor must, in the approved

form, inform the chief executive officer of the particulars

required to be included in a register of interests under a

regulation for the new interest or the change to the particulars

within 30 days after the interest is acquired or the change

happens.

[s 198C]

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Note—

Contravention of this section by a councillor is misconduct under the

Local Government Act that could result in disciplinary action being

taken against the councillor—see section 150L(1)(c)(v) of that Act.

Also, this section is a relevant integrity provision for the offence against

section 198D—see section 198D(2), definition relevant integrity

provision.

198C Obligation of councillor or councillor advisor to inform

chief executive officer annually about register of interests

Each councillor and councillor advisor must, within 30 days

after the end of each financial year, inform the chief executive

officer, in the approved form, of the following—

(a) if the councillor or councillor advisor, or a person

related to the councillor or councillor advisor, has

acquired an interest that must be, but is not, recorded in

a register of interests under a regulation—the particulars

of the interest that must be recorded in the register of

interests under a regulation;

(b) if there has been a change to the particulars required to

be included in a register of interests under a regulation

for the councillor or councillor advisor, or a person who

is related to the councillor or advisor—the change to the

particulars;

been no interest acquired or change to the particulars for

an interest.

Note—

Contravention of this section by a councillor is misconduct under the

Local Government Act that could result in disciplinary action being

taken against the councillor—see section 150L(1)(c)(v) of that Act.

Also, this section is a relevant integrity provision for the offence against

section 198D—see section 198D(2), definition relevant integrity

provision.

[s 198D]

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198D Dishonest conduct of councillor or councillor advisor

(1) A person who is a councillor or councillor advisor must not

contravene a relevant integrity provision with intent to—

(a) dishonestly obtain a benefit for the person or someone

else; or

(b) dishonestly cause a detriment to someone else.

Maximum penalty—200 penalty units or 2 years

imprisonment.

(2) In this section—

benefit includes property, advantage, service, entertainment,

the use of or access to property or facilities, and anything of

benefit to a person whether or not it has any inherent or

tangible value, purpose or attribute.

detriment, caused to a person, includes detriment caused to

the person’s property.

relevant integrity provision—

(a) for a councillor, means each of the following

provisions—

(i) section 177H;

(ii) section 177I;

(iii) section 177N;

(iv) section 177W;

(v) section 198A;

(vi) section 198B;

(vii) section 198C;

(viii)section 215, if the information mentioned in that

section is given under section 198A, 198B or

198C; or

(b) for a councillor advisor, means each of the following

provisions—

(i) section 198A;

[s 198E]

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(ii) section 198B;

(iii) section 198C;

(iv) section 215, if the information mentioned in that

section is given under section 198A, 198B or

198C.

198E Proceeding for offence against s 198D

(1) An offence against section 198D is a misdemeanour.

(2) A proceeding for an offence against section 198D may be

started only with the written consent of the director of public

prosecutions.

(3) A proceeding for an offence against section 198D may be

taken, at the election of the prosecution—

(a) by way of summary proceeding under the Justices Act

1886; or

(b) on indictment.

(4) However, a magistrate must not hear an indictable offence

against section 198D summarily if the magistrate is satisfied,

on an application made by the defence, that because of

exceptional circumstances the offence should not be heard and

decided summarily.

Note—

For examples of exceptional circumstances, see the examples stated in

the Criminal Code, section 552D(2).

(5) If subsection (4) applies—

(a) the court must stop treating the proceeding as a

proceeding to hear and decide the charge summarily;

and

(b) the proceeding for the charge must be conducted as a

committal proceeding; and

disregarded; and

[s 198F]

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(d) the evidence already heard by the court is taken to be

evidence in the committal proceeding; and

(e) the Justices Act 1886, section 104 must be complied

with for the committal proceeding.

(6) A Magistrates Court that summarily deals with a charge of an

offence against section 198D—

(a) must be constituted by a magistrate; and

(b) has jurisdiction despite the time that has elapsed from

the time when the matter of complaint of the charge

arose.

(7) In this section—

director of public prosecutions means the Director of Public

Prosecutions appointed under the Director of Public

Prosecutions Act 1984.

198F Prohibited conduct by councillor or councillor advisor in

possession of inside information

(1) This section applies to a person (the insider) who is, or has

been, a councillor or councillor advisor if the insider—

(a) acquired inside information as a councillor or councillor

advisor; and

(b) knows, or ought reasonably to know, 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.

[s 198F]

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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;

out or instigate the action.

corporate entity means a corporation owned by the council.

inside information 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;

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 199]

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Part 5 Authorised persons

199 Appointing 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;

(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

200 End 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

[s 201]

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(b) if the authorised person gives the council a signed notice

of resignation; or

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.

201 Identity 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.

202 Authorised 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.

[s 203]

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203 Chief 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.

204 Use 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

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.

[s 205]

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(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 7 Other provisions

Part 1 Way to hold a hearing

205 What 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.

206 Procedures 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

practitioner; or

(d) disregard the rules of evidence; or

[s 207]

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(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.

207 Witnesses 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

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—

[s 208]

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(a) the witness fees that are prescribed under a regulation;

(b) if no witness fees are prescribed, the reasonable witness

fees decided by the investigator.

208 Contempt at hearing

A person must not—

(a) insult the investigator in a hearing; or

(b) deliberately interrupt a hearing; or

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 2 Superannuation

209 What this part is about

This part is about superannuation for certain persons who are

connected to the council.

210 Super 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.

[s 211]

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(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.

211 Superannuation 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;

[s 212]

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212 Super 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.

Part 3 Allocating Commonwealth

funding to council

213 Allocating 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.

214 Decisions under this part are not subject to appeal

A decision of the grants commission or the Minister is not

subject to appeal.

[s 215]

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Note—

See section 226 for more information.

Part 4 Legal provisions

215 False 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;

(d) an authorised person;

(e) the change commission;

(f) the grants commission.

Maximum penalty—100 penalty units.

Note—

In certain circumstances this section is a relevant integrity provision for

the offence against section 198D—see section 198D(2), definition

relevant integrity provision.

(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 216]

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216 Administrators 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

(d) a member of the change commission; or

(e) a member of the grants commission; or

(f) 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

(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, for

example, the Public Interest Disclosure Act 2010 and the

Public Sector Act 2022.

Note—

For protection from civil liability in relation to prescribed persons

under the Public Sector Act 2022, section 267, see the Public Sector Act

2022, section 269.

[s 217]

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217 Who 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;

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 all of the councillors have been suspended or the

council has been dissolved under the Local Government

Act, section 123 and an interim administrator is

appointed—the interim administrator; or

interim administrator has not been appointed—the chief

executive officer.

218 Name 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.

219 Service of documents on council

A document is properly served on the council if it is given to

the chief executive officer in a way that is authorised by law.

[s 220]

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220 Substituted 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.

221 Local government related laws requiring a statement of a

law

A 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.

[s 222]

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222 Acting 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.

223 Attempt to commit offence

A 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.

225 Time to start proceedings in a summary way

Proceedings 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.

226 Decisions not subject to appeal

(1) This section applies if a provision of this Act declares a

decision to be not subject to appeal.

(2) Unless the Supreme Court decides the decision is affected by

jurisdictional error, the decision—

[s 227]

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(a) is final and conclusive; and

(b) can not be challenged, appealed against, reviewed,

quashed, set aside or called into question in another way,

under the Judicial Review Act 1991 or otherwise

(whether by the Supreme Court, another court, a tribunal

or another entity); and

order of the Supreme Court, another court, a tribunal or

another entity on any ground.

(3) The Judicial Review Act 1991, part 5 applies to the decision to

the extent it is affected by jurisdictional error.

(4) A person who, but for subsection (2), could have made an

application under the Judicial Review Act 1991 in relation to

the decision may apply under part 4 of that Act for a statement

of reasons in relation to the decision.

(5) In this section—

decision includes—

(a) conduct related to making the decision; and

(b) a failure to make a decision.

227 Judges and other office holders not disqualified from

adjudicating

A 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.

228 Where 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.

[s 229]

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229 Evidence 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.

230 Evidence 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

copy of the document.

(2) The document is evidence—

(a) of the proceedings; and

[s 231]

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(b) that the proceedings were properly held.

231 Evidentiary 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.

232 Evidentiary 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.

233 Evidence 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 or the Local Government 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.

[s 234]

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234 Evidence of complainant’s knowledge of matter

In 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.

235 Constitution and limits of council need not be proved

It 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

Part 5 Delegation of powers

236 Delegation 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.

237 Delegation of department’s chief executive’s powers

The department’s chief executive may delegate the chief

executive’s powers under this Act, or a local law, to an

appropriately qualified person.

238 Delegation 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

[s 239]

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Chapter 7 Other provisions

Current as at 28 June 2023 Page 193

Authorised by the Parliamentary Counsel

(d) another local government, for the purposes of a joint

government activity; or

(e) the Establishment and Coordination Committee.

(2) However, the council may only delegate a power to make a

decision about a councillor’s conduct under the Local

Government Act, section 150AG to—

(a) the mayor; or

(b) the Establishment and Coordination Committee; or

(3) Also, the council must not delegate a power that an Act states

must be exercised by resolution.

(4) A joint standing committee is a committee consisting of

councillors of the council and other local governments.

239 Delegation 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.

240 Council delegations register

(1) The chief executive officer must establish a register of

delegations that contains the particulars prescribed under a

regulation.

[s 240A]

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Authorised by the Parliamentary Counsel

(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 5A Provisions for 2020

quadrennial election

240A Minister may give directions about filling vacancies in

office of councillors

(1) This section applies—

(a) if the 2020 quadrennial election is not held in March

2020 under the Local Government Electoral Act 2001,

part 9A; and

(b) until the day before the 2020 quadrennial election is

held.

(2) Section 163(2), (3) and (6) does not apply to the council.

(3) The Minister may give a direction to the council about

whether or not a vacant office of a councillor (including the

mayor) must be filled.

(4) If the vacant office must be filled, the Minister may, by notice

to the council, extend the period within which the council

must fill the vacancy under section 163(4).

(5) If the Minister extends the period under subsection (4), the

Governor in Council may appoint a qualified person under

section 163(5) to fill the vacant office only if the council has

not filled the vacancy within the extended period.

[s 241]

City of Brisbane Act 2010

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Current as at 28 June 2023 Page 195

Authorised by the Parliamentary Counsel

Part 6 Other provisions

241 Public office of the council

(1) The council must keep premises for use as a public office.

(2) The public office must be in Brisbane.

242 Powers 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

service or facility for which a cost-recovery fee may be

fixed.

243 Validity of council proceedings

The 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

member from acting as a councillor or committee

member.

[s 244]

City of Brisbane Act 2010

Chapter 7 Other provisions

Page 196 Current as at 28 June 2023

Authorised by the Parliamentary Counsel

244 Acceptable 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) the reasonable limits on requests that a councillor may

make.

(2) The acceptable requests guidelines are made by the

Establishment and Coordination Committee.

245 Insurance 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

which the councillor’s attendance is permitted by the

council; and

(d) official functions organised for the council.

246 Special 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.

[s 247]

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Current as at 28 June 2023 Page 197

Authorised by the Parliamentary Counsel

(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.

247 Land 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;

[s 248]

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Page 198 Current as at 28 June 2023

Authorised by the Parliamentary Counsel

(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.

248 Approved forms

The department’s chief executive may approve forms for use

under this Act.

250 Process 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.

[s 250A]

City of Brisbane Act 2010

Chapter 7 Other provisions

Current as at 28 June 2023 Page 199

Authorised by the Parliamentary Counsel

250A Advisory polls

The 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.

251 Information 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.

252 Regulation-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

(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

[s 253]

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(f) matters relating to a statutory committee of the council;

(g) a process for the scrutiny of the council’s budget; or

(h) meetings of the council, its committees or other

meetings of councillors (including informal meetings at

which councillors discuss council matters); or

(i) empowering the council to make and adopt a policy

about meetings mentioned in paragraph (h), other than

meetings of the council or its committees; or

(j) the financial sustainability and accountability of the

council, including the systems of financial management;

(k) matters relating to discretionary funds.

Chapter 8 Repeal, transitional,

savings and validation

provisions

Part 1 Repeals

253 Repeal

The 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

[s 254]

City of Brisbane Act 2010

Chapter 8 Repeal, transitional, savings and validation provisions

Current as at 28 June 2023 Page 201

Authorised by the Parliamentary Counsel

• Local Government (Queen Street Mall) Act 1981, No.

104.

Part 2 Transitional and savings

provisions for Act No. 23 of

2010

254 What this part is about

This 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;

(d) a repealed mall Act.

255 Brisbane City Council continued

The Brisbane City Council under the repealed City of

Brisbane Act continues in existence as the council under this

Act.

256 Local 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—

[s 257]

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(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.

257 Decisions 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;

(d) a repealed mall Act.

(2) A decision includes an agreement, appointment, approval,

authorisation, certificate, charge, consent, declaration,

delegation, determination, direction, dismissal, exemption,

[s 258]

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Current as at 28 June 2023 Page 203

Authorised by the Parliamentary Counsel

immunity, instruction, licence, memorandum of

understanding, order, permit, plan, policy, protocol, rates,

release, resolution, restriction, settlement, suspension and

warrant.

258 Established 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).

259 Proceedings 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.

260 Super trust deed

A 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

[s 261]

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Page 204 Current as at 28 June 2023

Authorised by the Parliamentary Counsel

of this section, continues in force as a trust deed under this

Act.

261 Registers

A register maintained under the repealed City of Brisbane Act

continues as if it were made under this Act.

262 References to repealed Acts

A 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;

Part 4 Transitional provision for

Revenue and Other Legislation

Amendment Act 2011

266 Continued 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.

[s 267]

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Chapter 8 Repeal, transitional, savings and validation provisions

Current as at 28 June 2023 Page 205

Authorised by the Parliamentary Counsel

(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.

Part 5 Transitional provisions for

Local Government and Other

Legislation Amendment Act

2012

267 Change 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 268]

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Page 206 Current as at 28 June 2023

Authorised by the Parliamentary Counsel

268 Change 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).

Part 6 Validation provision for

Sustainable Planning

(Infrastructure Charges) and

Other Legislation Amendment

Act 2014

269 Validation of rates charged

It 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).

Part 7 Transitional provisions for

Planning (Consequential) and

Other Legislation Amendment

Act 2016

270 Definitions for part

In this part—

[s 271]

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Current as at 28 June 2023 Page 207

Authorised by the Parliamentary Counsel

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.

271 Existing 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.

272 Entry 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.

273 Existing remedial notice

(1) This section applies to a remedial notice—

(a) given under former section 127A; and

[s 274]

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Page 208 Current as at 28 June 2023

Authorised by the Parliamentary Counsel

(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.

274 Existing 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;

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.

275 Existing 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.

[s 276]

City of Brisbane Act 2010

Chapter 8 Repeal, transitional, savings and validation provisions

Current as at 28 June 2023 Page 209

Authorised by the Parliamentary Counsel

(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.

Part 8 Validation provision for

particular rates and charges

276 Validation 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 277]

City of Brisbane Act 2010

Chapter 8 Repeal, transitional, savings and validation provisions

Page 210 Current as at 28 June 2023

Authorised by the Parliamentary Counsel

Part 9 Transitional provisions for

Local Government Electoral

(Implementing Stage 1 of

Belcarra) and Other Legislation

Amendment Act 2018

277 Disqualifying offence committed before commencement

Chapter 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.

278 Existing 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;

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

[s 279]

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Current as at 28 June 2023 Page 211

Authorised by the Parliamentary Counsel

(b) the day the councillor was charged.

(6) The information contained in the notice is taken to be criminal

history information for section 186H.

279 Existing 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;

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.

[s 280]

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Page 212 Current as at 28 June 2023

Authorised by the Parliamentary Counsel

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.

Part 10 Transitional provisions for

Local Government Electoral

(Implementing Stage 2 of

Belcarra) and Other Legislation

Amendment Act 2019

Division 1 Transitional provisions for new

disqualifying offences

280 Definitions for division

In this division—

amending provision means a provision of the Local

Government Electoral (Implementing Stage 2 of Belcarra)

and Other Legislation Amendment Act 2019, other than

section 42, that amends section 153 or schedule 1.

new disqualifying offence means an offence that—

(a) is a disqualifying offence after the commencement of an

amending provision; but

(b) was not a disqualifying offence before the amending

provision commenced.

[s 281]

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Current as at 28 June 2023 Page 213

Authorised by the Parliamentary Counsel

281 New disqualifying offence committed before

commencement

Chapter 6, part 2 applies in relation to a new disqualifying

offence, even if the act or omission constituting the offence

was committed before the commencement.

282 Existing charge for new disqualifying offence

(1) This section applies if a proceeding for a new 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 about the proceeding for the new

disqualifying offence 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;

Maximum penalty—100 penalty units.

(5) For subsection (4), the notice must state—

(a) the provision of the law to which the proceeding for the

new disqualifying offence relates; and

(b) the day the councillor was charged with the offence.

(6) The notice is taken to be a notice mentioned in

section 186G(1)(a).

(7) The information contained in the notice is taken to be criminal

history information for section 186H.

[s 283]

City of Brisbane Act 2010

Chapter 8 Repeal, transitional, savings and validation provisions

Page 214 Current as at 28 June 2023

Authorised by the Parliamentary Counsel

283 Existing 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;

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 notice is taken to be a notice mentioned in

section 186G(1)(a).

(7) The information contained in the notice is taken to be criminal

history information for section 186H.

(8) 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.

[s 286]

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Division 2 Transitional provisions for

councillor conduct

286 Definitions for division

In this division—

assessed, in relation to a complaint about the conduct or

performance of a councillor, means a preliminary assessment

of the complaint was conducted under former section 179.

assessor see the Local Government Act, section 150C.

existing complaint means a complaint about the conduct or

performance of a councillor made to any of the following

entities before the commencement—

(a) the council;

(b) the department’s chief executive;

former, for a provision of this Act, means as in force

immediately before the commencement of the section in

which the provision is mentioned.

local government official see the Local Government Act,

section 150R(4).

287 Existing complaints not assessed

(1) This section applies if, immediately before the

commencement, an existing complaint about a councillor’s

conduct had not been assessed.

(2) The assessor must deal with the existing complaint under the

Local Government Act, chapter 5A as if the existing

complaint was made or referred to the assessor under

chapter 5A of that Act.

(3) An entity holding information relating to the existing

complaint must, as soon as practicable after the

commencement, give the information to the assessor.

[s 288]

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(4) This section is subject to section 290.

288 Existing inappropriate conduct and misconduct

complaints

(1) This section applies if, immediately before the

commencement—

(a) an existing complaint about a councillor was assessed to

be about inappropriate conduct or misconduct; and

(b) a final decision dealing with the complaint had not been

made.

(2) The assessor must deal with the existing complaint under the

Local Government Act, chapter 5A as if the existing

complaint was made or referred to the assessor under

chapter 5A of that Act.

(3) An entity holding relevant information relating to the existing

complaint must, as soon as practicable after the

commencement, give the information to the assessor.

(4) This section is subject to section 290.

289 Existing orders taken into account

(1) This section applies if, before the commencement—

(a) an order was made against a councillor under

section 183 as in force from time to time before the

commencement; and

(b) the order is substantially the same as an order that may

be made under the Local Government Act, chapter 5A.

(2) The order may be taken into account for the following

purposes—

(a) the council or a local government official deciding

whether—

(i) to notify the assessor about a councillor’s conduct

under the Local Government Act, chapter 5A,

part 3, division 3; or

[s 290]

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(ii) to give information about a councillor’s conduct to

the assessor under the Local Government Act,

section 150AF;

(b) the assessor deciding how to deal with the conduct of a

councillor, or a complaint about the conduct of a

councillor, under the Local Government Act,

section 150W;

take in relation to any inappropriate conduct or

misconduct of the councillor under the Local

Government Act.

290 Dealing with particular pre-commencement complaints

or conduct

(1) This section applies in relation to conduct engaged in by a

councillor before the commencement, including conduct that

is the subject of an existing complaint mentioned in

section 287(1) or 288(1).

(2) In deciding how to deal with the conduct, the assessor, a local

government official, the council and the conduct tribunal

must—

(a) apply the former conduct definitions to the conduct; and

(b) only make an order that is substantially the same as an

order that could have been made under former

section 183.

(3) To remove any doubt, it is declared that the Local Government

Act, chapter 5A otherwise applies in relation to an order

mentioned in subsection (2).

(4) In this section—

former conduct definitions means—

(a) the definition of misconduct under former

section 178(3); and

(b) the definition of inappropriate conduct under former

section 178(4); and

[s 291]

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section 180A(5) and (6); and

(d) the extension of the definition of misconduct under

former section 183(5) and (6).

291 Model procedures apply until procedures adopted

(1) If, immediately before the commencement, the council has

not adopted the model procedures or other procedures under

the Local Government Act, section 150G, on the

commencement the council is taken to have adopted the

model procedures.

(2) Subsection (1) applies until the council adopts the model

procedures or other procedures under the Local Government

Act, section 150G.

(3) In this section—

model procedures see the Local Government Act,

section 150F.

292 Process if no investigation policy

(1) This section applies if, on or after the commencement—

(a) the council is required to deal with the inappropriate

conduct of a councillor under the Local Government

Act, chapter 5A, part 3, division 5; and

(b) the council has not adopted an investigation policy

under section 150AE of that Act.

(2) The council must decide, by resolution, the procedure for

investigating the conduct.

(3) However, subsections (4) and (5) apply if the assessor has

recommended, under the Local Government Act,

section 150AC(3), how the conduct may be dealt with.

(4) The council must follow the process recommended by the

assessor or decide, by resolution, to deal with the complaint in

another way.

[s 293]

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(5) The council must state the reasons for its decision in the

resolution.

293 Offences against s 215 charged before commencement

(1) This section applies if—

(a) a person was charged with an offence against

section 215(1)(f) as in force before the commencement;

and

(b) on the commencement, the proceeding for the offence

had not been finally decided.

(2) The proceeding for the offence may be continued, and the

person may be punished for the offence, as if the Local

Government Electoral (Implementing Stage 2 of Belcarra)

and Other Legislation Amendment Act 2019, section 36 had

not commenced.

(3) Subsection (2) applies despite the Criminal Code, section 11.

Part 11 Transitional provisions for

Electoral and Other Legislation

(Accountability, Integrity and

Other Matters) Amendment Act

2020

294 Existing senior contract employees

(1) Subsection (2) applies to a person who, immediately before

the commencement, was a senior contract employee of the

council if the person—

(a) reported directly to the chief executive officer; and

(b) held a position that would ordinarily be considered to be

a senior position in the council’s corporate structure.

(2) On the commencement—

[s 295]

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(a) the person’s contract and conditions of employment

continue; and

(b) the person is taken to have been appointed by the

council as a senior executive employee under

section 192.

(3) Subsection (4) applies to a person who, immediately before

the commencement, was a senior contract employee of the

council other than a person mentioned in subsection (1).

(4) On the commencement—

(a) the person’s contract and conditions of employment

continue; and

(b) the person is taken to have been appointed by the chief

executive officer as a council employee under

section 193; and

employment.

295 Proceedings for repealed integrity offences

(1) This section applies in relation to an offence against a

repealed integrity offence provision committed by a person

before the commencement.

(2) Without limiting the Acts Interpretation Act 1954, section 20,

a proceeding for the offence may be continued or started, and

the person may be convicted of and punished for the offence,

as if the Electoral and Other Legislation (Accountability,

Integrity and Other Matters) Amendment Act 2020,

sections 80 and 81 had not commenced.

(3) From the commencement, an offence against a repealed

integrity offence provision continues, despite the repeal of the

provision, to be—

(a) an integrity offence for section 153(5); and

(b) a disqualifying offence for section 153(6).

(4) In this section—

[s 296]

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repealed integrity offence provision means the following

provisions as in force from time to time before the

commencement—

(a) section 173A(2) and (3);

(b) section 173B(2);

(d) section 177E(2) and (5);

(e) section 177H;

(f) section 177I(2) and (3).

296 Continuation of Minister’s approval for councillor to

participate or be present to decide matter

(1) This section applies to a notice given before the

commencement by the Minister to a councillor under

section 177F, if the notice is in force immediately before the

commencement.

(2) The notice is taken to be a notice given to the councillor under

section 177S.

297 Remuneration commission’s recommendation not

required for initial regulation

Section 194C(2) and (3) does not apply to the regulation first

made after the commencement under section 194C(1)(a).

298 Application of s 198A for councillors

(1) This section applies if, on the commencement, a councillor

has an interest mentioned in section 198A(1).

(2) Despite section 198A(2), the councillor must comply with

section 198A in relation to the interest within 30 days after the

commencement.

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Part 12 Transitional provision for Local

Government Electoral and

Other Legislation (Expenditure

Caps) Amendment Act 2023

299 Application of s 174—elections held on or after

introduction day and before 2024 quadrennial election

(1) This section applies in relation to an election under the Local

Government Electoral Act 2011 held on or after the

introduction day and before the 2024 quadrennial election.

(2) Section 174 as in force immediately before the

commencement applies in relation to the election as if the

amending Act had not been enacted.

(3) In this section—

2024 quadrennial election means the quadrennial election to

be held in 2024.

amending Act means the Local Government Electoral and

Other Legislation (Expenditure Caps) Amendment Act 2023.

introduction day means the day the Bill for the amending Act

was introduced into the Legislative Assembly.

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Schedule 1 Serious integrity offences and

integrity offences

section 153

Part 1 Serious integrity offences

This Act

Criminal Code

198D Dishonest conduct of councillor or councillor advisor

54A(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

110 Stuffing 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

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127(1) Corruption of witnesses

129 Damaging evidence with intent

131(1) Conspiracy to bring false accusation

132(1) Conspiring to defeat justice

133(1) Compounding an indictable offence

circumstance—the penalty in subsection (2) applies to

the offence

140(1) Attempting to pervert justice

193(1) False verified statements

398(1) Punishment of stealing

circumstance—a circumstance of aggravation with a

maximum penalty of 7 years or more imprisonment

applies to the offence

399 Fraudulent concealment of particular documents

circumstance—paragraph (b) of the penalty applies to the

offence

408C(1) Fraud

circumstance—a circumstance of aggravation mentioned

in subsection (2), (2A) or (2B) applies to the offence

408E(1) Computer hacking and misuse

circumstance—a circumstance of aggravation mentioned

in subsection (3) applies to the offence

415(1) Extortion

430 Fraudulent falsification of records

433(1) Receiving tainted property

442B Receipt or solicitation of secret commission by an agent

442BA Gift or offer of secret commission to an agent

442D False or misleading receipt or account

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Crime and Corruption Act

Criminal Proceeds Confiscation Act 2002

Electoral Act

Local Government Electoral Act

442E Secret commission for advice given

442EA Offer or solicitation of secret commission in return for

advice given or to be given

442F Secret commission to trustee in return for substituted

appointment

442G Liability of director etc. acting without authority

488(1) Forgery and uttering

circumstance—paragraph (a) or (b) of the penalty applies

to the offence

541(1) Conspiracy to commit crime

circumstance—a maximum penalty of 7 years

imprisonment or more applies to the offence

198(1) Contempt of person conducting commission hearing

250(1) Money laundering

307B(1) Schemes to circumvent prohibition on particular political

donations or electoral expenditure

112B(5) Application to unincorporated bodies

circumstance—the provision contravened is

section 123N(2)

123N(2) Compliance with expenditure cap generally

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Part 2 Integrity offences

This Act

Criminal Code

169(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 or electoral expenditure

173(1) Use of information by councillors

177J(2) Dealing with prescribed conflict of interest at a meeting

177V Offence to take retaliatory action

198F(2) or (3) Prohibited conduct by councillor or councillor advisor in

possession of inside information

215(1) False or misleading information

54(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

85 Disclosure of official secrets

98E(1) Influencing voting

98F Providing money for illegal payments

98G Voting if not entitled

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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

102 Publishing false information about a candidate

113(2), (3), (4)

or (5)

Interfering with secrecy at elections

128 Deceiving witnesses

130 Preventing witnesses from attending

133(1) Compounding an indictable offence

circumstance—the penalty in subsection (3) applies to

the offence

194(1) False declarations

204(1) Disobedience to statute law

398(1) Punishment of stealing

circumstance—no circumstance of aggravation applies to

the offence

399 Fraudulent concealment of particular documents

circumstance—paragraph (a) of the penalty applies to the

offence

408C Fraud

circumstance—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

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Electoral Act

Local Government Act

Local Government Electoral Act

408E Computer hacking and misuse

circumstance—no circumstance of aggravation, or the

circumstance of aggravation mentioned in subsection (2),

applies to the offence

414 Demanding property with menaces with intent to steal

488(1) Forgery and uttering

circumstance—paragraph (c) of the penalty applies to the

offence

541(1) Conspiracy to commit crime

circumstance—the maximum penalty for the crime in

question is less than 7 years imprisonment

307A(1) Offence about prohibited donations

307C(1) False or misleading information relating to

determinations

427(2) Obligation to repay particular political donations

150AW(1) Protection from reprisal

234(1) False or misleading information

112B(5) Application to unincorporated bodies

circumstance—the provision contravened is

section 123O(2)

116G(1) or (2) Agent’s obligation to ensure compliance

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123O(2) Compliance with expenditure cap—unregistered third

party

126(8) Requirement for candidate to operate dedicated account

127(8) Requirement for group of candidates to operate dedicated

account

127AA(7) Requirement for registered political party to operate

dedicated account

127AB(7) Requirement for relevant third party to operate dedicated

account

127V(2) Participant in election must assist appointed auditor

135E(2) Auditor preparing audit certificate to give notice of

contravention

171 Assisting illegal payments

183 Engaging in group campaign activities

186 Influencing voting by violence or intimidation

189 Voting if not entitled

194A(1) Offence about prohibited donations

194C(1) False or misleading information relating to

determinations

195(2) Offences about returns

195(3) Offences about returns

212(2) Obligation to repay particular political donations

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Schedule 2 Dictionary

section 6

2020 quadrennial election means the quadrennial election for

2020.

acceptable requests guidelines see section 244(1).

adopt, by the council, means adopt by resolution of the

council.

ancillary works and encroachments means—

(a) cellars; or

(b) gates; 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 service

approved 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.

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authorised person means a person who holds office under

section 199.

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

(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).

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

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(b) merely causing disagreement between councillors.

CCC means the Crime and Corruption Commission.

chairperson 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.

close associate, of a councillor, see section 177G.

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).

conclusion, of the election of a councillor, see the Local

Government Electoral Act 2011, section 7.

conduct tribunal see the Local Government Act,

section 150DK.

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.

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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.

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 executive employee;

councillor, for the council, includes the mayor.

councillor advisor see section 194A(1).

council meeting means a meeting of—

(a) the council; or

(b) a committee of the council.

council worker see section 127(4).

court means a court of competent jurisdiction.

Crime and Corruption Act means the Crime and Corruption

Act 2001.

criminal 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.

declarable conflict of interest see sections 177K and 177L.

department’s chief executive means the chief executive of the

department.

discretionary funds see section 106(2).

disqualifying offence see section 153(6).

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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—

1 A 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.

2 A person does not distribute how-to-vote cards if the person

attaches the cards to walls and other structures, merely for display.

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.

eligible councillor, for a matter at a council meeting, means a

councillor at the meeting who does not have a prescribed

conflict of interest or declarable conflict of interest in the

matter.

encumbrance includes any of the following that affects

land—

(a) a mortgage, lien or charge;

(b) a caveat;

(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.

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Establishment and Coordination Committee means the

council’s Establishment and Coordination Committee

continued under section 24.

executive officer, of an entity, means—

(a) if the entity has a board or management

committee—each member of the board or committee; or

(b) each person, by whatever name called, who is

concerned, or takes part, in the management of the

entity.

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).

general rates see section 94(2).

gift includes—

(a) a gift under the Local Government Electoral Act 2011,

section 107; and

(b) a gift that is required, under a regulation, to be recorded

in a register of interests.

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.

group of candidates, for an election, see the Local

Government Electoral Act 2011, section 42(3).

home includes—

(a) a room in a boarding house; and

(b) a caravan; and

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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 2.

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

(d) states the expiry date for the identity card.

industrial instrument means an industrial instrument under

the Industrial Relations Act 2016.

interest means a financial or other interest.

interim administrator see the Local Government Act,

schedule 4.

interim local law see section 27(4).

investigator see section 205(2).

joint government activity see section 12(2).

joint local government see the Local Government Act,

section 25A(2).

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joint local government area see the Local Government Act,

section 25A(3).

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

Land Act means the Land Act 1994.

Land Title Act means the Land Title Act 1994.

loan includes—

(a) a loan under the Local Government Electoral Act 2011,

section 106; and

(b) a loan that is required, under a regulation, to be recorded

in a register of interests.

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

(d) the Building Act; and

(e) the Planning Act; and

(f) a planning scheme, under the Planning Act; and

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(g) the Plumbing and Drainage Act; and

(h) the Water Act 2000; and

(i) the Water Supply (Safety and Reliability) Act 2008.

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

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; or

(e) relating to making or preparing an arrangement, list,

plan or register in the way provided under a regulation

made under this Act that can be used to establish an

exception to obtaining quotes or tenders when entering

into a contract; or

(f) to make, amend or repeal a local law; or

(g) to make, amend or repeal a local planning instrument

under the Planning Act; or

(h) under the Planning Act, chapter 3, part 3, division 2 on a

development application that includes a variation

request under that Act if the application proposes to—

(i) vary the category of development or category of

assessment of development; or

(ii) vary the assessment benchmarks or criteria for

accepted development that would apply to

development; or

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(iii) facilitate development that would result in a greater

demand on infrastructure than the demand

anticipated in the council’s local government

infrastructure plan; or

(i) under the Planning Act, chapter 3, part 5, division 2,

subdivision 2 on a change application under that Act

that includes a change to a variation approval if the

application is being assessed under section 82 of that

Act and the application proposes to—

(i) further vary the category of development or

category of assessment of development; or

(ii) further vary the assessment benchmarks or criteria

for accepted development that would apply to

development; or

(iii) facilitate development that would result in a greater

demand on infrastructure than the demand

anticipated in the council’s local government

infrastructure plan.

Note—

Change application assessments for minor changes under the

Planning Act, section 81 are not subject to paragraph (i).

middle, of the council’s term, see section 161(4).

mining claim means a mining claim under the Mineral

Resources Act 1989.

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;

Policy and Related Reforms.

notice of intention to acquire land see section 67(2).

occupier, of property, see section 114(6).

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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

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

(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;

(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

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(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.

2 However, 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.

Planning Act means the Planning Act 2016.

planning scheme means a planning scheme under the

Planning Act.

Plumbing and Drainage Act means the Plumbing and

Drainage Act 2018.

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.

prescribed conflict of interest see section 177D, 177E or

177F.

private property see section 114(4).

private sector means an entity that is not—

(a) the Commonwealth or a State; or

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(b) a State authority; or

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).

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

and Public Works Organisation Act 1971, section 125;

(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).

reasonable entry notice see section 127A(3).

reasonable proportion of electors see section 17(4).

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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.

related, for chapter 6, part 4A—

(a) to a councillor—see section 198A(3); or

(b) to a councillor advisor—see section 198A(4).

related party, of a councillor, see section 177M.

relevant term, for a councillor, means the councillor’s current

term of office and the period—

(a) starting on the day after the conclusion of the

quadrennial election held before the most recent

quadrennial election; and

(b) ending on the day immediately before the councillor’s

current term of office started.

remedial notice see section 127A(1).

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

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(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

repealed section 32A of that Act; or

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).

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 executive employee means an employee of the

council—

(a) who reports directly to the chief executive officer; and

(b) whose position ordinarily would be considered to be a

senior position in the council’s corporate structure.

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).

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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).

sustainable 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

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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.

utility charges see section 94(4).

ward, of Brisbane, see section 17(1).