Queensland Numbered Acts

CITY OF BRISBANE ACT 2010 NO. 23

TABLE OF PROVISIONS

           Contents

           CHAPTER 1--PRELIMINARY

   1.      Short title
   2.      Commencement
   3.      Purpose of this Act
   4.      Local government principles underpin this Act
   5.      Relationship with Local Government Act
   6.      Definitions

           CHAPTER 2--BRISBANE CITY COUNCIL
           Part 1--City of Brisbane

   7.      City of Brisbane
           Part 2--Council constitution, responsibilities and powers
   8.      What this part is about
   9.      The Brisbane City Council's responsibility for Brisbane
   10.     Brisbane City Council is a body corporate
   11.     Powers of council generally
   12.     Power includes power to conduct joint government activities
   13.     Who the council is constituted by
   14.     Responsibilities of councillors
   15.     Responsibilities of council employees
           Part 3--Wards of Brisbane
   16.     What this part is about
   17.     Wards of Brisbane
   18.     Review of wards of Brisbane
           Part 4--Changing Brisbane area or representation
           Division 1--Introduction
   19.     What this part is about
           Division 2--The process for change
   20.     Who may start the change process
   21.     Assessment
   22.     Implementation
   23.     Decisions under this division are not subject to appeal

           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
           Division 2--Meetings of the council or its committees
   25.     Chairperson of the council
   26.     Mayor as member of standing committees of the council
           Part 2--Local laws
           Division 1--Introduction
   27.     What this part is about
   28.     Interaction with State laws
           Division 2--Making, recording and reviewing local laws
   29.     Power to make a local law
   30.     Local law making process
   31.     State interest check
   32.     Notice of new local law
   33.     Expiry of interim local law revives previous law
   34.     Local law register
   35.     Consolidated versions of local laws
   36.     Regular review of local laws
           Division 3--Local laws that can not be made
   37.     What this division is about
   38.     Network connections
   39.     Election advertising
   40.     Development processes
   41.     Anti-competitive provisions
           Division 4--Action by the Minister about particular local laws
   42.     Suspending or revoking particular local laws
           Part 3--Beneficial enterprises and business activities
           Division 1--Beneficial enterprises
   43.     What this division is about
   44.     Conducting beneficial enterprises
   45.     Register of beneficial enterprises
   46.     Planning for a beneficial enterprise with the private sector
           Division 2--Business reform, including competitive neutrality
   47.     What this division is about
   48.     Ways to apply the competitive neutrality principle
   49.     Identifying significant business activities
   50.     Assessing public benefit
   51.     Code of competitive conduct
   52.     Competitive neutrality complaints
           Division 3--Responsibilities and liabilities of employees of corporate entities
   53.     Director's duty to disclose interest in a matter
   54.     Obligations of a corporate entity's employees
   55.     Corporate entity must not insure against certain liabilities of employees
   56.     When a corporate entity is not to indemnify employees
   57.     Prohibition on loans to directors
   58.     Duty to prevent insolvent trading
   59.     Order for examination of persons concerned with corporate entities
   60.     Examination of persons concerned with corporate entities
   61.     Relief from liability for malpractice
   62.     False or misleading information
           Division 4--Other matters relating to corporate entities
   63.     Application of other Acts to a corporate entity
   64.     State taxes
           Part 4--Roads and other infrastructure
           Division 1--Roads
   65.     What this division is about
   66.     Control of roads
   67.     Notice of intention to acquire land to widen a road
   68.     Compensation for a notice of intention to acquire land
   69.     Appeal on a claim for compensation
   70.     Acquisition of land instead of compensation
   71.     What is to happen if a realignment is not carried out
   72.     Compensation if realignment not carried out
   73.     Acquiring land for use as a footpath
   74.     Notice to the council of opening or closing of roads
   75.     Closing roads
   76.     Temporary roads
   77.     The Brisbane River
   78.     Road levels
   79.     Assessment of impacts on roads from certain activities
   80.     Categorisation of roads
   81.     Roads map and register
   82.     Unauthorised works on roads
           Division 2--Stormwater drains
   83.     What this division is about
   84.     Connecting stormwater installation to stormwater drain
   85.     No connecting sewerage to stormwater drain
   86.     No trade waste or prohibited substances in stormwater drain
   87.     Interference with path of stormwater
           Division 3--Other infrastructure
   88.     Malls
   89.     City Botanic Gardens
   90.     Resumption of prescribed land by council
   91.     Ferry services
   92.     Materials in infrastructure are council property

           CHAPTER 4--FINANCES AND ACCOUNTABILITY
           Part 1--Rates and charges

   93.     What this part is about
   94.     Types of rates and charges
   95.     Land on which rates are levied
   96.     Power to levy rates and charges
   97.     Overdue rates and charges are a charge over rateable land
   98.     Regulations for rates and charges
           Part 2--Fees
   99.     Cost-recovery fees
   100.    Register of cost-recovery fees
   101.    Fees on occupiers of land below the high-water mark
           Part 3--Financial sustainability and accountability
   102.    Statutory Bodies Financial Arrangements Act applies to council
   103.    Systems of financial management
   104.    Approval of budget
           Part 4--Councillors' financial accountability
   105.    What this part is about
   106.    Councillor's discretionary funds
   107.    Councillors liable for improper disbursements
   108.    Councillors liable for loans to individuals
   109.    Councillors liable for improper borrowings

           CHAPTER 5--MONITORING AND ENFORCING THE LOCAL GOVERNMENT RELATED LAWS
           Part 1--The council

   110.    What this part is about
   111.    Decisions under this part are not subject to appeal
   112.    Gathering information
   113.    Acting on the information gathered
           Part 2--The public
           Division 1--Powers of authorised persons
           Subdivision 1--Introduction
   114.    What this division is about
   115.    Producing authorised person's identity card
           Subdivision 2--Power to require a person's name and address
   116.    Power to require a person's name and address
           Subdivision 3--Powers to enter property etc.
   117.    Entering a public place that is open without the need for permission
   118.    Entering private property with, and in accordance with, the occupier's permission
   119.    Entering private property with, and in accordance with, a warrant
   120.    Warrants—applications made electronically
   121.    Entering under an application, permit or notice
   122.    Entering property under an approved inspection program
   123.    Approving an inspection program
   124.    General powers after entering a property
   125.    Authorised person to give notice of damage
   126.    Compensation for damage or loss caused after entry
           Division 2--Powers of other persons
   127.    What this division is about
   128.    Identity card for council workers
   129.    Entry with, and in accordance with, permission of occupier
   130.    Entry by an owner, with reasonable written notice, under a remedial notice
   131.    Occupier may discharge owner's obligations
   132.    Entry by a council worker, with reasonable written notice, under a remedial notice
   133.    Entry by a council worker, with reasonable written notice, to take materials
   134.    Entry by a council worker, at reasonable times, to repair etc. facilities
   135.    Entry by a council worker, at any time, for urgent action
   136.    Entry with, and in accordance with, a court order
   137.    Compensation for damage or loss caused
   138.    Limitation of time in absence of notice of work done
           Part 3--Investigation of council records
           Division 1--Introduction
   139.    What this part is about
           Division 2--Investigations by department
   140.    Producing authorised officer's identity card
   141.    Making of inquiries for department
   142.    Power to require information or document for department investigation
           Division 3--Investigations by council
   143.    Producing authorised person's identity card
   144.    Making of inquiries for council
   145.    Power to require information or document for council investigation
   146.    Referral to department
   147.    Chief executive officer not subject to direction
           Part 4--Offences
   148.    Obstructing enforcement of this Act or local laws etc.
   149.    Impersonating an authorised person
   150.    Duty to make documents available

           CHAPTER 6--ADMINISTRATION
           Part 1--Introduction

   151.    What this chapter is about
           Part 2--Councillors
           Division 1--Qualifications of councillors
   152.    Qualifications of councillors
   153.    Disqualification for certain offences
   154.    Disqualification of prisoners
   155.    Disqualification because of other high office
   156.    Disqualification during bankruptcy
   157.    Judicial review of qualifications
   158.    Acting as councillor without authority
           Division 2--Councillor's term of office
   159.    When a councillor's term starts
   160.    When a councillor's term ends
           Division 3--Vacancies in councillor's office
   161.    What this division is about
   162.    When a councillor's office becomes vacant
   163.    When a vacancy in an office must be filled
   164.    Filling a vacancy in the office of mayor
   165.    Acting mayor
   166.    Filling a vacancy in the office of another councillor
           Division 4--Councillors with other jobs
   167.    Councillors and council jobs
   168.    Councillors and full-time government jobs
           Division 5--Obligations of councillors
   169.    Obligations of councillors before acting in office
   170.    Giving directions to council staff
   171.    Requests for help or advice
   172.    Inspection of particular records by councillors
   173.    Use of information by councillors
   174.    Councillor's material personal interest at a meeting
   175.    Councillor's conflict of interest at a meeting
   176.    Duty to report another councillor's material personal interest, conflict of interest or misconduct
   177.    Post-election meetings
           Division 6--Conduct and performance of councillors
   178.    What this division is about
   179.    BCC councillors code of conduct
   180.    Assessing complaints
   181.    Notifying councillor of the hearing of a complaint
   182.    Hearing and deciding complaints
   183.    Taking disciplinary action
   184.    Costs of tribunal to be paid by council
   185.    Inappropriate conduct in meeting of council
   186.    Application of Crime and Misconduct Act
           Part 3--BCC councillor conduct review panel
   187.    Appointing members of the BCC councillor conduct review panel
   188.    Remuneration and appointment conditions of members
   189.    Conflict of interests
           Part 4--Council employees
           Division 1--Chief executive officer
   190.    Appointing a chief executive officer
   191.    Appointing an acting chief executive officer
           Division 2--Other council employees
   192.    Appointing senior contract employees
   193.    Appointing other council employees
   194.    Disciplinary action against council employees
           Division 3--Common provisions
   195.    Concurrent employment of council employees
   196.    Improper conduct by council employees
   197.    Use of information by council employees
   198.    Annual report must detail remuneration
           Part 5--Authorised persons
   199.    Appointing authorised persons
   200.    End of appointment of authorised persons
   201.    Identity card for authorised persons
   202.    Authorised persons must disclose change in criminal history
   203.    Chief executive officer may obtain report from police commissioner
   204.    Use of criminal history information

           CHAPTER 7--OTHER PROVISIONS
           Part 1--Way to hold a hearing

   205.    What this part is about
   206.    Procedures at hearing
   207.    Witnesses at hearings
   208.    Contempt at hearing
           Part 2--Superannuation
   209.    What this part is about
   210.    Super scheme for councillors
   211.    Superannuation scheme for council employees and associated persons
   212.    Super schemes to be audited by auditor-general
           Part 3--Allocating Commonwealth funding to council
   213.    Allocating Commonwealth funding
   214.    Decisions under this division are not subject to appeal
           Part 4--Legal provisions
   215.    False or misleading information
   216.    Administrators who act honestly and without negligence are protected from liability
   217.    Who is authorised to sign council documents
   218.    Name in proceedings by or against council
   219.    Service of documents on council
   220.    Substituted service
   221.    Local government related laws requiring a statement of a law
   222.    Acting for council in legal proceedings
   223.    Attempt to commit offence
   224.    Types of offences under this Act
   225.    Time to start proceedings in a summary way
   226.    Decisions not subject to appeal
   227.    Judges and other office holders not disqualified from adjudicating
   228.    Where fines are to be paid to
   229.    Evidence of local laws
   230.    Evidence of proceedings of council
   231.    Evidentiary value of copies
   232.    Evidentiary value of certificates
   233.    Evidence of directions given to council
   234.    Evidence of complainant's knowledge of matter
   235.    Constitution and limits of council need not be proved
           Part 5--Delegation of powers
   236.    Delegation of Minister's powers
   237.    Delegation of department's chief executive's powers
   238.    Delegation of council powers
   239.    Delegation of chief executive officer's powers
   240.    Council delegations register
           Part 6--Other provisions
   241.    Public office of the council
   242.    Powers in support of responsibilities
   243.    Validity of council proceedings
   244.    Requirements for particular guidelines
   245.    Insurance to cover councillors
   246.    Special entertainment precincts
   247.    Land registry searches free of charge
   248.    Approved forms
   249.    Review of this Act
   250.    Process for administrative action complaints
   251.    Information for the Minister
   252.    Regulation-making power

           CHAPTER 8--REPEAL, TRANSITIONAL AND SAVINGS PROVISIONS
           Part 1--Repeals

   253.    Repeal
           Part 2--Transitional and savings provisions
   254.    What this part is about
   255.    Brisbane City Council continued
   256.    Local laws
   257.    Decisions under repealed Acts
   258.    Established malls
   259.    Proceedings and evidence
   260.    Super trust deed
   261.    Registers
   262.    References to repealed Acts
   263.    Transitional provisions for elections
   264.    Transitional regulation-making power

           CHAPTER 9--AMENDMENT OF ACTS
           Part 1--Amendment of Electrical Safety Act 2002

   265.    Act amended
   266.    Amendment of s 192A (Definitions for div 2A)
           Part 2--Amendment of Information Privacy Act 2009
   267.    Act amended
   268.    Replacement of s 211 (Acts and practices authorised before commencement)
           Part 3--Amendment of Local Government Act 2009
   269.    Act amended
   270.    Amendment of s 2 (Commencement)
           271. Replacement of s 5 (How this Act applies to the Brisbane City Council)
   272.    Amendment of s 12 (Responsibilities of councillors)
   273.    Amendment of s 13 (Responsibilities of local government employees)
   274.    Amendment of s 14 (What this part is about)
   275.    Replacement of s 16 (Review of divisions of local government areas)
   276.    Amendment of s 23 (Casual commissioners)
   277.    Amendment of s 25 (Annual report of change commission)
   278.    Replacement of s 29 (Local law making process)
   279.    Amendment of s 38 (Anti-competitive provisions)
   280.    Replacement of ch 3, pt 2, hdg (Business enterprises and activities)
   281.    Amendment of s 40 (Conducting beneficial enterprises)
   282.    Amendment of s 45 (Identifying significant business activities)
   283.    Amendment of s 47 (Code of competitive conduct)
   284.    Amendment of s 48 (Competitive neutrality complaints)
   285.    Amendment of s 52 (When a corporate entity is not to indemnify employees)
   286.    Insertion of new ch 3, pt 2, div 4
   287.    Amendment of s 59 (What this division is about)
   288.    Insertion of new ch 3, pt 3, div 3
   289.    Amendment of s 93 (Land on which rates are levied)
   290.    Amendment of s 95 (Overdue rates and charges are a charge over land)
   291.    Amendment of s 97 (Cost-recovery fees)
   292.    Amendment of s 99 (Fees on occupiers of land below the high-water mark)
   293.    Amendment of s 104 (Financial management, planning and accountability documents)
   294.    Amendment of s 105 (Auditing, including internal auditing)
   295.    Replacement of s 108 (Misappropriation offence applies)
   296.    Amendment of s 113 (What this part is about)
   297.    Amendment of s 115 (Gathering information)
   298.    Amendment of s 116 (Acting on the information gathered)
   299.    Amendment of s 118 (Financial controllers)
   300.    Amendment of s 121 (Removing unsound decisions)
   301.    Amendment of s 135 (General powers after entering a property)
   302.    Amendment of s 138 (What this division is about)
   303.    Insertion of new s 138A
           304. Amendment of s 143 (Entry by a local government worker, with reasonable written notice, to take materials)
   305.    Replacement of ch 5, pt 2, div 3 (Offences)
   306.    Amendment of s 152 (Qualifications of councillors)
   307.    Amendment of s 168 (Senior councillors and full-time government jobs)
   308.    Amendment of s 170 (Giving directions to local government staff)
   309.    Insertion of new s 170A
           310. Amendment of s 171 (Use of information by councillors)
   311.    Amendment of s 172 (Councillor's material personal interest at a meeting)
   312.    Amendment of s 175 (Post-election meetings)
   313.    Amendment of s 176 (What this division is about)
   314.    Amendment of s 177 (Assessing complaints)
   315.    Amendment of s 180 (Taking disciplinary action)
   316.    Amendment of s 181 (Inappropriate conduct)
   317.    Amendment of s 184 (Members of tribunal)
   318.    Amendment of s 197 (Disciplinary action against local government employees)
   319.    Amendment of s 200 (Improper use of information by local government employees)
   320.    Insertion of new ss 204A to 204C
           321. Insertion of new ch 6, part 6A
   322.    Amendment of s 209 (Board's responsibilities)
   323.    Amendment of s 210 (Board of directors)
   324.    Amendment of s 218 (Members of LG super scheme)
   325.    Amendment of s 226 (Super scheme for councillors)
   326.    Amendment of s 231 (Members of grants commission)
   327.    Amendment of s 235 (Administrators who act honestly and without negligence are protected from liability)
   328.    Amendment of s 236 (Who is authorised to sign local government documents)
   329.    Amendment of s 239 (Substituted service)
   330.    Insertion of new s 239A
           331. Amendment of s 257 (Delegation of local government powers)
   332.    Amendment of s 260 (Local government delegations register)
   333.    Amendment of s 262 (Powers in support of responsibilities)
   334.    Amendment of s 265 (Materials in infrastructure are local government property)
   335.    Insertion of new s 265A
           336. Amendment of s 270 (Regulation-making power)
   337.    Amendment of s 276 (Local laws)
   338.    Amendment of s 281 (Remuneration schedule)
   339.    Insertion of new s 282A
           340. Amendment of s 284 (Continuation of electoral and related provisions)
   341.    Amendment of s 287 (Local Government Association)
   342.    Renumbering of s 288 (Repeal)
           343. Insertion of new ss 288-290
           344. Amendment of sch 1 (Acts amended)
   345.    Omission of sch 3 (Comparative terms for the Brisbane City Council)
   346.    Amendment of sch 4 (Dictionary)
           Part 4--Amendment of Right to Information Act 2009
   347.    Act amended
   348.    Amendment of s 21 (Requirement for publication scheme)
   349.    Amendment of sch 3 (Exempt information)
           Part 5--Amendment of Workplace Health and Safety Act 1995
   350.    Act amended
   351.    Amendment of s 170 (Definitions for div 3)
           Part 6--Amendment of other Acts
   352.    Minor and consequential amendments
           SCHEDULE 1 -- MINOR AND CONSEQUENTIAL AMENDMENTS
           SCHEDULE 2 -- DICTIONARY