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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003
The Parliament of
the
Commonwealth of
Australia
THE
SENATE
Presented and read a first
time
Financial
Management and Accountability (Anti-Restrictive Software Practices) Amendment
Bill 2003
No. ,
2003
(Senator Greig)
A
Bill for an Act to amend the Financial Management and Accountability Act
1997 to encourage the procurement by public agencies of open source computer
software, and for related purposes
Contents
A Bill for an Act to amend the Financial Management
and Accountability Act 1997 to encourage the procurement by public agencies
of open source computer software, and for related purposes
Preamble
Acknowledging that the Australian
Public Service relies heavily on computer software as an aid to delivering a
wide range of goods and services to the Australian community.
Concerned
that a small number of software manufacturers have a disproportionate and
restrictive hold on the supply, use and development of
software.
Recognising that the removal of certain restrictive software
practices would encourage greater diversity and application of software and
lower costs to consumers.
This Act gives effect to certain measures
intended to encourage the use by Australian Public Service Agencies of open
source software.
The Parliament of Australia enacts:
This Act may be cited as the Financial Management and Accountability
(Anti-Restrictive Software Practices) Amendment Act 2003.
This Act commences on the day on which it receives the Royal
Assent.
The object of this Act is, wherever practicable, to require all agencies
covered by this Act to procure and use open source software or software using
proprietary formats in preference to proprietary software.
In this Act:
open source software has the meaning given in
section 43A of the Financial Management and Accountability Act
1997.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
1 After Part 6
Insert:
(1) An Agency, in making a decision about the procurement of computer
software for its operations, must have regard to the principle that, wherever
practicable, an Agency is to use open source software in preference to
proprietary software.
(2) Where a vendor of computer software wishes to participate in a
government software procurement program, the vendor must:
(a) contract to ensure that its software products follow industry-wide
accepted standards that are open to all vendors and display an open
format;
(b) contract to ensure all computer data which is to be derived, generated
or transferred as part of the procurement will be kept at all times in a format
that is completely documented in public.
(3) Where an Agency, contrary to the principles specified in
subsections (1) and (2), takes a decision to procure proprietary software,
or software which uses proprietary formats, the Agency must include in its
annual report:
(a) a list of all occasions on which it procured proprietary software or
software which uses proprietary formats; and
(b) a statement in relation to each occasion mentioned in
paragraph (a) explaining:
(i) the specific purpose for which the proprietary software or software
using propriety formats was procured;
(ii) what proprietary software or software which uses proprietary formats
was procured;
(iii) why it was not practicable to use open source software or software
which uses proprietary formats;
(iv) what specific features of the procured proprietary software or
software which uses proprietary formats were not available in open source
software;
(v) on whose advice the decision to procure the proprietary software or
software which uses proprietary formats was taken.
(4) In this section:
distribute means distribute for free or on payment of the
reasonable costs of distribution.
open format in relation to computer software, means that
specifications for data representations used by the computer software (including
but not limited to, file formats for data storage, transmission and network
protocols) are completely and accurately documented and available to the public
for use, application or review without restriction.
open source software means computer software the subject of a
licence granting a person a right:
(a) without any limitation or restriction, to use the software for any
purpose; and
(b) without any limitation or restriction, to make copies of the software
for any purpose; and
(c) without any limitation or restriction, to access or modify the source
code of the software for any purpose; and
(d) without payment of a royalty or other fee, to distribute copies
of:
(i) the software (including as a component of an aggregate distribution
containing computer software from several difference sources); or
(ii) a derived or modified form of software (whether in compiled form or
in the form of source code), under the same terms as the licence applying to the
software.
proprietary format, in relation to computer software, means
that specifications for data representations used by the computer software
(including but not limited to, file formats for data storage, transmission and
network protocols) are the proprietary property of a company or companies and as
such are open to limitations, restrictions and usage and licensing costs as
determined by the proprietary owners.
proprietary software means computer software that is not open
source software.