Local Government Act 2009

This section is about the code of competitive conduct.

The code of competitive conduct is the code of competitive conduct prescribed under a regulation.

A local government must apply the code of competitive conduct to the conduct of the following business activities of the local government—

a building certifying activity;

a roads activity, other than a roads activity for which business is conducted only through a sole supplier arrangement.

A building certifying activity is a business activity that—

involves performing building certifying functions (within the meaning of the Building Act, section 10); and

is prescribed under a regulation.

A roads activity is a business activity (other than a business activity prescribed under a regulation) that involves—

constructing or maintaining a State-controlled road, that the State put out to competitive tender; or

submitting a competitive tender in relation to—

constructing or maintaining a road in the local government area, that the local government put out to competitive tender; or

constructing or maintaining a road in another local government area, that the other local government put out to competitive tender.

The local government must start to apply the code of competitive conduct—

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

for a roads activity—from when the roads activity is first conducted.

A local government 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.

If the local government decides not to apply the code of competitive conduct to the business activity, the resolution must state reasons for not doing so.

Subsection (7) does not prevent the local government from applying the code of competitive conduct to any other business activities.