Queensland Numbered Acts Queensland Numbered Actsacceptable requests guidelines see section 171(5).
adopt, by the council, means adopt by resolution of the council.
advice guidelines see section 171(6).
ancillary works and encroachments means--
(a) cellars; or
(b) gates; or
(c) temporary rock anchors for building support; or
(d) ancillary works and encroachments under the Transport Infrastructure Act.
anti-competitive provision means a provision that a regulation identifies as creating barriers to--
(a) entry to a market; or
(b) competition within a market.
appropriately qualified, for a delegated power, includes having the qualifications, experience or standing to exercise the power.
Example of standing--
a person's classification level in the public 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.
authorised person means a person who holds office under section 199.
BCC councillor conduct review panel see section 178(7).
BCC councillors code of conduct see section 179(2).
beginning, of the council's term, see section 161(3).
beneficial enterprise see section 43(3).
boundary change see section 19(2).
Brisbane means the City of Brisbane.
Building Act means the Building Act 1975.
building certifying activity see section 51(4).
building unit means a lot under--
(a) the Body Corporate and Community Management Act 1997; or
(b) the Building Units and Group Titles Act 1980; or
(c) the Integrated Resort Development Act 1987; or
(d) the Mixed Use Development Act 1993; or
(e) another Act prescribed under a regulation.
business activity, of the council, means trading in goods and services by the council.
business unit, of the council, means a part of the council that conducts a business activity of the council.
cause detriment to the council--
1 To 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).
2 To cause detriment to the council does not include--
(a) merely embarrassing the council; or
(b) merely causing disagreement between councillors.
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.
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).
conclusion, of the election of a councillor, means the day--
(a) for quadrennial elections for the election of the councillor--when the names of all elected candidates are published in the gazette; or
(b) for a by-election (whether or not a poll is conducted)--when the name of the elected candidate is published in the gazette.
conflict of interest see section 175(3).
consolidated version, of a local law, see section 35(2).
contractor, of the council, means--
(a) a person who provides services under a contract with the council; or
(b) a person prescribed under a regulation.
conviction includes a finding of guilt, and the acceptance of a plea of guilty, by a court, whether or not a conviction is recorded.
corporate entity means an entity that has been corporatised under this Act and to which the Corporations Act does not apply.
corporatisation, of a significant business activity, see section 48(3).
cost-recovery fee see section 99(2).
council see section 9.
council employee means any of the following of or relating to the council--
(a) the chief executive officer;
(b) a senior contract employee;
(c) a person holding an appointment under section 193.
councillor, for the council, includes the mayor.
council worker see section 127(6).
court means a court of competent jurisdiction.
Crime and Misconduct Act means the Crime and Misconduct 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.
department's chief executive means the chief executive of the department.
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.
drafting certificate, for a local law, means a certificate signed by the chief executive officer stating the local law was drafted in accordance with the drafting standards.
drafting standards, for local laws, means the standards, for drafting local laws, prescribed under a regulation.
elected includes re-elected.
elector means a person entitled to vote in an election of councillors.
Electoral Act means the Electoral Act 1992.
electoral commission means the Electoral Commission of Queensland under the Electoral Act.
electoral commissioner means the electoral commissioner under the Electoral Act.
encumbrance includes any of the following that affects land--
(a) a mortgage, lien or charge;
(b) a caveat;
(c) an agreement;
(d) a judgement, writ or process;
(e) an interest adverse to the interest of the land's owner;
but does not include an easement.
establish, a superannuation scheme, includes join in establishing a superannuation scheme.
Establishment and Coordination Committee means the council's Establishment and Coordination Committee continued under section 24.
final part, of the council's term, see section 161(5).
Forestry Act means the Forestry Act 1959.
fresh election means an election of all the councillors of the council that is not a quadrennial election.
full cost pricing, of a significant business activity, see section 48(4).
full-time government job see section 168(2).
general rates see section 94(2).
government entity has the same meaning as in the Government Owned Corporations Act 1993.
grants commission means the grants commission established under the Local Government Act.
head of the council means--
(a) if the council is constituted by its councillors--the mayor; or
(b) if the council is constituted by its chief executive officer--the chief executive officer.
home includes--
(a) a room in a boarding house; and
(b) a caravan; and
(c) a manufactured home within the meaning of the Manufactured Homes (Residential Parks) Act 2003, section 10.
Housing Act contract means a contract of sale--
(a) that was entered into under--
(i) the State Housing Act 1945, section 24, before the repeal of that Act; or
(ii) the Housing Act 2003, section 113; or
(b) under which--
(i) the purchase price, other than the deposit, is payable in 2 or more instalments; or
(ii) the sale is of a share in a house and land.
how-to-vote card means--
(a) a card, handbill or pamphlet, relating to an election for which optional preferential voting applies, that--
(i) is or includes a representation of a ballot paper or part of a ballot paper; or
(ii) is or includes something apparently intended to represent a ballot paper or part of a ballot paper; or
(iii) lists the names of any or all of the candidates for the election with a number indicating an order of voting preference against the names of any or all of the candidates; or
(iv) otherwise directs or encourages the casting of preference votes, other than first preference votes, in a particular way; or
(b) a card, handbill or pamphlet, relating to an election for which first-past-the-post voting applies, that--
(i) is or includes a representation of a ballot paper or part of a ballot paper; or
(ii) is or includes something apparently intended to represent a ballot paper or part of a ballot paper; or
(iii) directs or encourages the casting of a vote for a number of particular candidates equal to the number of candidates to be elected.
identity card, of a person, means a card that--
(a) identifies the person as an authorised person, council worker or authorised officer; and
(b) contains a recent photo of the person; and
(c) contains a copy of the person's signature; and
(d) states the expiry date for the identity card.
inappropriate conduct see section 178(4).
industrial instrument means an industrial instrument under the Industrial Relations Act.
Industrial Relations Act means the Industrial Relations Act 1999.
interim local law see section 27(4).
investigator see section 195(2).
joint government activity see section 12(2).
judicial review means a review under the Judicial Review Act.
Judicial Review Act means the Judicial Review Act 1991.
land includes--
(a) freehold land; and
(b) land held from the State for a leasehold interest; and
(c) a mining claim.
Land Act means the Land Act 1994.
Land Title Act means the Land Title Act 1994.
Local Government Act means the Local Government Act 2009.
local government area see the Local Government Act, section 8(2).
Local Government (Financial Assistance) Act means the Local Government (Financial Assistance) Act 1995 (Cwlth).
local government principles see section 4(2).
local government related law means a law under which the council performs the council's responsibilities, including, for example--
(a) this Act; and
(b) the Local Government Act; and
(c) a local law; and
(d) the Planning Act; and
(e) a planning scheme, under the Planning Act; and
(f) the Plumbing and Drainage Act; and
(g) the Water Act 2000; and
(h) the Water Supply (Safety and Reliability) Act 2008.
local law see section 27(2).
material personal interest see section 174(2).
middle, of the council's term, see section 161(4).
mining claim means a mining claim under the Mineral Resources Act 1989.
misconduct see section 178(3).
model local law see section 27(7).
National Competition Policy Agreements means the following agreements (made between the Commonwealth and the States on 11 April 1995), as in force for the time being--
(a) the Conduct Code Agreement;
(b) the Competition Principles Agreement;
(c) the Agreement to Implement National Competition Policy and Related Reforms.
notice of intention to acquire land see section 67(2).
occupier, of property, see section 114(6).
ordinary business matter means--
(a) the remuneration of councillors or members of a council committee; or
(b) the provision of superannuation entitlements or accident insurance for councillors or council employees; or
(c) the terms on which goods, services or facilities are to be offered by the council for use or enjoyment of the public in Brisbane; or
(d) the making or levying of rates and charges, or the fixing of a cost-recovery fee, by the council; or
(e) a planning scheme of general application in Brisbane; or
(f) a resolution required for the adoption of a budget for the council; or
(g) a matter that is of interest to a person merely as--
(i) an employee of the State or a government entity; or
(ii) an elector, ratepayer or resident of Brisbane; or
(iii) a beneficiary under a policy of accident insurance, public liability or professional indemnity insurance held, or to be held, by the council; or
(iv) a user of goods, services or facilities supplied, or to be supplied, by the council (whether under a contract or otherwise) as a member of the public in common with other members of the public; or
(v) a candidate for election or appointment as a mayor, deputy mayor or member of a committee of the council; or
(vi) a member of a non-profit, charitable or religious organisation involving no personal financial gain or loss to the person.
overall State interest is--
(a) an interest that the Minister considers affects the economic, environmental or social interest of all or part of the State; or
(b) an interest that the Minister considers affects the interest of ensuring there is an accountable, effective and efficient system of local government; or
(c) an interest prescribed under a regulation.
owner of land--
1 An owner of land is--
(a) a registered proprietor of freehold land; or
(b) a purchaser of freehold land from the State under an Act; or
(c) a purchaser of land under a Housing Act contract; or
(d) a person who has a share in land that the person bought under a Housing Act contract; or
(e) a lessee of land held from the State, and a manager, overseer or superintendent of the lessee who lives on the land; or
(f) the holder of a mining claim or lease; or
(g) the holder of land mentioned in the Mineral Resources Act 1989, schedule, definition owner; or
(h) a lessee under the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act 2004; or
(i) a lessee of land held from a government entity or the council; or
(j) the holder of an occupation permit or stock grazing permit under the Forestry Act or of a permit prescribed under a regulation; or
(k) the holder of a permission to occupy from the chief executive of the department responsible for the administration of the Forestry Act; or
(l) the holder of a permit to occupy under the Land Act; or
(m) a licensee under the Land Act; or
(n) for land on which there is a structure subject to a timeshare scheme--the person notified to the council as the person responsible for the administration of the scheme as between the participants in the scheme; or
(o) another person who is entitled to receive rent for the land; or
(p) another person who would be entitled to receive rent for the land if it were leased at a full commercial rent.
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 Sustainable Planning Act 2009.
Planning and Environment Court see the Planning Act.
planning scheme see the Planning Act, section 82.
Plumbing and Drainage Act means the Plumbing and Drainage Act 2002.
police commissioner means the commissioner of the police service under the Police Service Administration Act 1990.
political party means an organisation registered as a political party under the Electoral Act.
private property see section 114(4).
private sector means an entity that is not--
(a) the Commonwealth or a State; or
(b) a State authority; or
(c) a local government.
property means land, any structure on the land, and a vehicle.
public office, of the council, see section 241.
public place see section 114(5).
public thoroughfare easement is an easement created under--
(a) the Land Act, chapter 6, part 4, division 8; or
(b) the Land Title Act, part 6, division 4.
public utilities means--
(a) works for the supply of drainage, electricity, gas, sewerage, telecommunications or water; or
(b) works for an infrastructure corridor under the State Development and Public Works Organisation Act 1971, section 82; or
(c) works for a purpose mentioned in the State Development and Public Works Organisation Act 1971, section 125; or
(d) other works declared under a regulation to be a public utility.
quadrennial elections means the elections for local governments that are held in 2012, and every fourth year after 2012.
rateable land see section 95(2).
rates includes any interest accrued, or premium owing, on the rates.
rates and charges see section 93(2).
reasonable proportion of electors see section 17(4).
reasonable written notice see section 127(4).
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.
remedial notice see section 127(2).
repealed Business and Procedure Act means the repealed Brisbane City Council Business and Procedure Act 1939.
repealed City of Brisbane Act means the repealed City of Brisbane Act 1924.
repealed mall Act means--
(a) the repealed Local Government (Chinatown and The Valley Malls) Act 1984; or
(b) the repealed Local Government (Queen Street Mall) Act 1981.
resolution, of the council, means the formal decision of the council at a council meeting.
responsibility includes a function.
reward does not include--
(a) a councillor's remuneration as a councillor; or
(b) an amount decided under the deed under the Superannuation (State Public Sector) Act 1990 in relation to a transferring member within the meaning of section 32A of that Act; or
(c) reasonable expenses actually incurred for any 1 or more of the following--
(i) accommodation;
(ii) meals;
(iii) domestic air travel;
(iv) taxi fares or public transport charges;
(v) motor vehicle hire; or
(d) an amount paid as a pension or otherwise for past service in a full-time government job.
road see section 65(2).
roads activity see section 51(5).
rules of procedure see section 25(4).
sanitary drain--
(a) means a drain that is immediately connected to, and used to carry discharges from, a soil or waste pipe; but
(b) does not include a pipe that is a part of a drain for carrying off effluent from a property after treatment in an on-site sewerage facility.
senior contract employee means a council employee who is--
(a) employed on a contractual basis; and
(b) is classified by the council as 'senior executive service'.
separate rates and charges see section 94(5).
sewerage treatment system means the infrastructure used to receive, transport and treat sewage or effluent (including sewers, access chambers, machinery, outfalls, pumps, structures and vents, for example).
sign, a thing, includes the making of a mark on the thing in front of someone else who signs the thing as witness.
significant business activity see section 47(4).
special rates and charges see section 94(3).
spent conviction means a conviction--
(a) for which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired; and
(b) that is not revived as prescribed by section 11 of that Act.
standing committee, of the council, means a committee of its councillors that meets to discuss the topics decided by the council when establishing the committee.
State-controlled road see the Transport Infrastructure Act, schedule 6.
State office, of the department, means the office of the department at the address prescribed under a regulation.
Statutory Bodies Financial Arrangements Act means the Statutory Bodies Financial Arrangements Act 1982.
statutory committee, of the council, means a committee of the council that is required under this Act and may not be dissolved by the council.
stormwater drain see section 83(2).
stormwater installation see section 83(3).
structure means anything that is built or constructed, whether or not it is attached to land.
subordinate local law see section 27(5).
super board see the Local Government Act, section 208(1).
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 in the scheme are, or may become, entitled to use, occupy or possess the structure, or part of the structure, for 2 or more periods.
Transport Infrastructure Act means the Transport Infrastructure Act 1994.
tribunal see the Local Government Act, section 183.
trust deed means a trust deed made by the super board.
utility charges see section 94(4).
ward, of Brisbane, see section 17(1).
