IDENTIFICACIÓN DE LA DEMANDA

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;

(c) if there is an amount owing to an entity under a security 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).

(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.

(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.

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

(c) a corporation limited by guarantee but not listed on a 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

(c) takes part in the management of an association or unlimited corporation; or

(d) acquires or disposes of shares, debentures or securities of an association or unlimited corporation.

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