What is an anti-competitive provision?
An anti-competitive provision in a local law is a provision which creates a barrier to entry to a market or to competition within a market. For example:
- a barrier to entry to a market would include where a local government requires a business owner to obtain a licence under a local law to operate
- a barrier to competition within a market would include where a local government may limit the number of businesses that operate or prohibit businesses from operating under a local law.
Legislative requirements in relation to anti-competitive provisions
Section 38 of the Local Government Act 2009 and section 41 of the City of Brisbane Act 2010 provide that a local government must not make a local law that contains an anti-competitive provision unless it has complied with the procedures prescribed by regulation for the review of anti-competitive provisions.
This requirement applies to model local laws, local laws developed independently by a local government and subordinate local laws if it is identified they contain possible anti-competitive provisions.
A local law that is made contrary to this requirement has no effect.
The procedure prescribed by regulation is contained in the National Competition Policy - Guidelines for conducting reviews on anti-competitive provisions in local laws ( 207 KB).
Only an interim local law that contains an anti-competitive provision is excluded from these requirements.