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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015-2016
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Public Governance, Performance and
Accountability Amendment (Procuring
Australian Goods and Services) Bill 2016
No. , 2016
(Mr Katter)
A Bill for an Act to amend the Public Governance,
Performance and Accountability Act 2013, and for
related purposes
No. , 2016
Public Governance, Performance and Accountability Amendment
(Procuring Australian Goods and Services) Bill 2016
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Public Governance, Performance and Accountability Act 2013
3
No. , 2016
Public Governance, Performance and Accountability Amendment
(Procuring Australian Goods and Services) Bill 2016
1
A Bill for an Act to amend the Public Governance,
1
Performance and Accountability Act 2013, and for
2
related purposes
3
The Parliament of Australia enacts:
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1 Short title
5
This Act may be cited as the Public Governance, Performance and
6
Accountability Amendment (Procuring Australian Goods and
7
Services) Act 2016.
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2 Commencement
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(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
2
Public Governance, Performance and Accountability Amendment
(Procuring Australian Goods and Services) Bill 2016
No. , 2016
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
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(2) Any information in column 3 of the table is not part of this Act.
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Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
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3 Schedules
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Legislation that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
concerned, and any other item in a Schedule to this Act has effect
13
according to its terms.
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Amendments Schedule 1
No. , 2016
Public Governance, Performance and Accountability Amendment
(Procuring Australian Goods and Services) Bill 2016
3
Schedule 1--Amendments
1
2
Public Governance, Performance and Accountability Act
3
2013
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1 Section 6
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After:
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Part 3-2 is about planning by, and the accountability of,
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Commonwealth companies. It requires the directors of a
8
Commonwealth company:
9
•
to prepare a corporate plan and, in the case of a wholly-owned
10
Commonwealth company, budget estimates for the company;
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and
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• to prepare an annual report for the company.
13
Insert:
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Chapter 3A--Procuring Australian goods and services
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Part 3A-1--Procuring Australian goods and services
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Part 3A-1 has provisions requiring the Commonwealth, corporate
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Commonwealth entities and wholly-owned Commonwealth
18
companies to procure Australian goods and services.
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2 After Chapter 3
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Insert:
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Schedule 1 Amendments
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Public Governance, Performance and Accountability Amendment
(Procuring Australian Goods and Services) Bill 2016
No. , 2016
Chapter 3A--Procuring Australian goods and
1
services
2
Part 3A-1--Procuring Australian goods and
3
services
4
Division 1--Guide to this Part
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99A Guide to this Part
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This Part has provisions requiring the Commonwealth, corporate
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Commonwealth entities and wholly-owned Commonwealth
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companies to procure Australian goods and services.
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Division 2--Procuring Australian goods and services
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99AA Limitation on entering into arrangements to procure goods or
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services
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(1) A person (the procurer) must not enter into an arrangement with
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another person to procure goods or services if:
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(a) the procurer is:
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(i) entering into the arrangement on behalf of the
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Commonwealth; or
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(ii) a corporate Commonwealth entity; or
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(iii) a wholly-owned Commonwealth company; and
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(b) the goods or services are not Australian; and
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(c) the arrangement, the goods or the services are not covered by
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an exemption under section 99AB or 99AC.
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(2) For the purposes of paragraph (1)(b), goods are Australian if:
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(a) 75% of the cost of the goods is attributable to:
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(i) labour provided by individuals who are residents of
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Australia; or
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Amendments Schedule 1
No. , 2016
Public Governance, Performance and Accountability Amendment
(Procuring Australian Goods and Services) Bill 2016
5
(ii) the use of components, ingredients, produce or other
1
goods that have been manufactured or produced wholly
2
in Australia; or
3
(b) the goods are manufactured or produced wholly by residents
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of Australia.
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(3) For the purposes of paragraph (1)(b), services are Australian if the
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services are provided by residents of Australia.
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(4) In this section:
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Australia, when used in a geographical sense, includes the external
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Territories.
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resident of Australia has the same meaning as in the Income Tax
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Assessment Act 1936.
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99AB Public interest exemptions by Finance Minister
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(1) Section 99AA does not apply in relation to an arrangement to
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procure goods or services if the arrangement, or the goods or
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services, are covered by an exemption under subsection (2).
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(2) The Finance Minister may exempt an arrangement, goods, or
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services, from the operation of section 99AA if the Finance
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Minister believes that it is in the public interest to do so.
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(3) An exemption made under subsection (2) in relation to a particular
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arrangement, or particular goods or services, is not a legislative
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instrument.
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(4) An exemption made under subsection (2) in relation to a class of
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arrangements, goods or services is a legislative instrument.
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99AC Exemption--Australian goods or services not able to be
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procured
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Section 99AA does not apply in relation to an arrangement to
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procure goods or services if:
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(a) the procurer mentioned in that section has taken all
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reasonable steps to procure Australian goods or Australian
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services; and
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Schedule 1 Amendments
6
Public Governance, Performance and Accountability Amendment
(Procuring Australian Goods and Services) Bill 2016
No. , 2016
(b) the Australian goods or Australian services cannot reasonably
1
be procured.
2
3 At the end of section 105B
3
Add:
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(3) An instrument under subsection (1) applies subject to Chapter 3A
5
(Procuring Australian goods and services).
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