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This is a Bill, not an Act. For current law, see the Acts databases.
2015
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Economic Development)
Contents
Page
2015
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Economic Development)
Government Procurement (Notifiable Invoices) Amendment Bill 2015
A Bill for
An Act to amend the
and the Government Procurement Regulation 2007
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Government Procurement (Notifiable Invoices) Amendment Act 2015
.
(1) This Act (other than section 4, so far as it inserts section 42C (1) (e)), commences on 1 July 2015.
Note The naming and commencement provisions automatically commence on
the notification day (see
, s 75 (1)).
(2) Section 4, so far as it inserts section 42C (1) (e), commences on—
(a) 1 July 2016; or
(b) if, before 1 July 2016, the Minister fixes another day by written notice—the day fixed.
Note A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act
, s 77 (1)).
(3) The
, section 79 (Automatic commencement of postponed law) does not apply to this Act.
This Act amends the
and the
.
Part 2 Government Procurement Act 2001
insert
Part 3A Notifiable invoices
Division 3A.1 Preliminary
42A What is a notifiable invoice?—pt 3A
(1) For this part, a notifiable invoice is an invoice for the prescribed amount or more, payable by a responsible territory entity for goods, services or works provided to the Territory or a Territory entity.
(2) However, a notifiable invoice does not include—
(a) an invoice for goods, services or works provided by the Territory or a Territory entity; or
(b) an invoice prescribed by regulation.
Division 3A.2 Notifiable invoices register
42B Keeping of notifiable invoice register
(1) The director-general must keep a register of notifiable invoices (the notifiable invoices register).
Note The reference to the director-general is to the director-general of the administrative unit that administers this provision (and not the director-general of each administrative unit), see the Legislation Act
, s 163.
(2) The register must be kept electronically.
Example—how register may be kept
The register may be kept in the form of, or as part of, 1 or more computer databases, and may include data compiled electronically from the databases.
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act
, s 126 and s 132).
(3) The director-general may correct any mistake, error or omission in the register subject to any requirement prescribed by regulation.
42C Contents of notifiable invoice register
(1) The notifiable invoice register must include the following for each notifiable invoice:
(a) the name of the entity invoicing the Territory;
(b) if the entity invoicing the Territory has an ABN—the ABN;
(c) the name of the responsible Territory entity for the invoice;
(d) a brief description of what the invoice is for;
(e) the date the invoice was received;
(f) the date the invoice was paid;
(g) the value of the good, service or work charged for under the invoice;
(h) anything else prescribed by regulation.
(2) The register may include anything else the director-general considers appropriate.
42D Public access to material on notifiable invoice register
(1) The director-general must ensure, as far as practicable, that a copy of the information mentioned in section 42C (1) for a notifiable invoice is accessible on a website approved by the director-general—
(a) at all times; and
(b) for at least 2 years.
(2) Access must be provided without charge by the Territory.
42E Territory entities to provide material for notifiable invoice register
The responsible Territory entity for a notifiable invoice must, within 21 days after the end of the month in which the invoice was paid—
(a) enter the information mentioned in section 42C (1) for the invoice in the register; or
(b) give the information to the director-general for entry in the register.
Division 3A.3 Other matters—notifiable invoices
42F Notice of effect of part to parties issuing invoices
The responsible Territory entity for the payment of a proposed notifiable invoice must ensure that this part is drawn to the attention of parties intending to provide a good, service or work for which an invoice is to be raised.
42G Effect of other disclosure laws etc
This part does not—
(a) affect any other law in force in the Territory about the disclosure of documents or information; or
(b) prevent responsible Territory entities from making available information about, or the text of, a notifiable invoice otherwise than as required by this part if any agency is required under law to do so or can otherwise properly do so.
Note 1 The
and the
provide for access to documents subject to certain exemptions.
Note 2 The Territory privacy principles under the Information Privacy Act 2014
provide for the disclosure of personal information in certain circumstances.
42H No liability for complying with pt 3A
The Territory or a Territory entity is not civilly liable to an entity issuing a notifiable invoice, or to anyone else, for anything done honestly under this part.
insert
notifiable invoice, for part 3A (Notifiable invoices)—see section 42A.
notifiable invoices register, for part 3A (Notifiable
invoices)—see section 42B.
Part 3 Government Procurement Regulation 2007
insert
12C Notifiable invoice threshold—Act, s 42A (1)
The prescribed amount is $25 000.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 19 March 2015.
2 Notification
Notified under the
on 2015.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2015
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