Local governments can decide the process they use to make local laws. There are, however, specific requirements that all local governments must comply with when undertaking the process that are set out in chapter 3, part 1 of the Local Government Act 2009 and chapter 3, part 2 of the City of Brisbane Act 2010.
Requirements include that local governments must:
- draft their local laws in accordance with guidelines issued by the Parliamentary Counsel under the Legislative Standards Act 1992
- if repealing or amending another local law, the local law must include a provision that repeals or amends an existing local law
- negotiate directly with the state in checking state interests in relation to proposed local laws
- review proposed local laws for anti-competitive provisions
- make local laws by resolution of council
- notify the public and the Minister for Local Government of any new local laws and make copies available for inspection or purchase
- keep a register of local laws in the way prescribed under the regulation.