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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Queensland Industry
Participation Policy Bill 2010
Queensland
Queensland Industry Participation Policy
Bill 2010
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Contravention of this Act does not create civil cause of action . . 4
5 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Part 2 Local industry policy
6 The local industry policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
7 Local industry policy objectives . . . . . . . . . . . . . . . . . . . . . . . . . . 5
8 Local industry policy principles. . . . . . . . . . . . . . . . . . . . . . . . . . . 6
9 Local industry policy to be consistent with other requirements . . 6
10 Consultation required when developing or reviewing local
industry policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
11 Agencies and GOCs to comply with local industry policy. . . . . . . 7
Part 3 Publication, and reporting on implementation, of local
industry policy
12 Publication and inspection of local industry policy . . . . . . . . . . . . 7
13 Minister to report on implementation of local industry policy . . . . 8
14 Agencies to provide information to Minister . . . . . . . . . . . . . . . . . 8
15 GOCs to provide information to shareholding Ministers . . . . . . . . 8
Part 4 Savings provision
16 Saving of existing local industry policy . . . . . . . . . . . . . . . . . . . . . 9
Schedule Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2010
A Bill
for
An Act to provide for the development and implementation of a
local industry participation policy for the State, and to require
reporting to Parliament on the policy's implementation and
government agencies', and GOCs', compliance with it
Queensland Industry Participation Policy Bill 2010
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
1 Short title 3
This Act may be cited as the Queensland Industry 4
Participation Policy Act 2010. 5
2 Commencement 6
This Act commences on a day to be fixed by proclamation. 7
3 Act binds all persons 8
(1) This Act binds all persons, including the State. 9
(2) Nothing in this Act makes the State liable to be prosecuted for 10
an offence. 11
4 Contravention of this Act does not create civil cause of 12
action 13
No provision of this Act creates a civil cause of action based 14
on a contravention of the provision. 15
5 Definitions 16
The dictionary in the schedule defines particular words used 17
in this Act. 18
Page 4
Queensland Industry Participation Policy Bill 2010
Part 2 Local industry policy
[s 6]
Part 2 Local industry policy 1
6 The local industry policy 2
(1) The Minister must develop and adopt a policy (the local 3
industry policy) about the participation by local industry in 4
projects, developments, procurements and other initiatives 5
undertaken or funded, whether wholly or partially, by the 6
State. 7
(2) The policy may include guidelines about its application and 8
procedures to be followed in complying with it. 9
7 Local industry policy objectives 10
In developing the local industry policy, the Minister must have 11
regard to the following objectives-- 12
(a) maximising employment and business growth in 13
Queensland by expanding market opportunities for local 14
industry; 15
(b) providing agencies and GOCs with access to a wide 16
range of capable local industry in Queensland that can 17
deliver value for money; 18
(c) supporting regional and rural development in 19
Queensland; 20
(d) developing local industry's long-term international 21
competitiveness, and flexibility in responding to 22
changing global markets, by giving local industry a fair 23
opportunity to compete against foreign suppliers of 24
goods and services; 25
(e) promoting local industry's involvement in value-adding 26
activities in Queensland; 27
(f) driving technology transfer, research and development, 28
innovation and improved productivity for local industry 29
in Queensland, to enhance value for money. 30
Page 5
Queensland Industry Participation Policy Bill 2010
Part 2 Local industry policy
[s 8]
8 Local industry policy principles 1
The local industry policy must be consistent with the 2
following principles-- 3
(a) achieving value for money; 4
(b) ensuring probity and accountability for procurement 5
outcomes; 6
(c) minimising the compliance burden on agencies and 7
GOCs by avoiding unnecessary and excessive 8
administration. 9
9 Local industry policy to be consistent with other 10
requirements 11
The local industry policy must be consistent with the 12
following-- 13
(a) the obligations of the State under any conventions, 14
treaties or other international agreements to which the 15
Commonwealth is a party; 16
(b) any policies, standards, notifications, directions or other 17
requirements relevant to the procurement activities of an 18
agency or GOC, including under the following-- 19
(i) the Financial Accountability Act 2009; 20
(ii) the Government Owned Corporations Act 1993; 21
(iii) the Public Service Ethics Act 1994. 22
10 Consultation required when developing or reviewing 23
local industry policy 24
(1) Before adopting the local industry policy, or reviewing the 25
policy after its adoption, the Minister must consult with-- 26
(a) agencies; and 27
(b) GOCs; and 28
(c) industry organisations and trade unions; and 29
(d) any other entities the Minister considers appropriate. 30
Page 6
Queensland Industry Participation Policy Bill 2010
Part 3 Publication, and reporting on implementation, of local industry policy
[s 11]
(2) For subsection (1)(a) and (b), the Minister must consult with 1
the following-- 2
(a) for an agency--the Minister of the agency; 3
(b) for a GOC--the shareholding Ministers of the GOC. 4
11 Agencies and GOCs to comply with local industry policy 5
(1) An agency must comply with the local industry policy. 6
(2) A GOC must comply with the local industry policy only if the 7
shareholding Ministers of the GOC notify the board of the 8
GOC under the Government Owned Corporations Act 1993, 9
section 114 that the local industry policy applies to the GOC. 10
Part 3 Publication, and reporting on 11
implementation, of local 12
industry policy 13
12 Publication and inspection of local industry policy 14
The Minister must ensure that the local industry policy, 15
including any guidelines mentioned in section 6(2), as in force 16
from time to time, is-- 17
(a) published on the department's website; and 18
Editor's note-- 19
The department's website is . 20
(b) available for public inspection, free of charge, at the 21
offices of the department during ordinary office hours. 22
Page 7
Queensland Industry Participation Policy Bill 2010
Part 3 Publication, and reporting on implementation, of local industry policy
[s 13]
13 Minister to report on implementation of local industry 1
policy 2
(1) The Minister must prepare a report for Parliament for each 3
financial year on the implementation of the local industry 4
policy during that financial year. 5
(2) The report is to be in the form, and contain the information, 6
decided by the Minister. 7
(3) The Minister must table a copy of the report for a financial 8
year in the Legislative Assembly on or before 30 November in 9
the following financial year. 10
14 Agencies to provide information to Minister 11
(1) The Minister may, by written notice, ask an agency to provide 12
any information the Minister requires for the purposes of 13
preparing a report under section 13. 14
(2) The notice must state a reasonable period to comply with the 15
request. 16
(3) The agency must comply with the request within the stated 17
period, unless complying with the request would place the 18
agency in contravention of a law. 19
15 GOCs to provide information to shareholding Ministers 20
(1) The Minister may, by written notice (the Minister's notice), 21
ask the shareholding Ministers for a GOC to obtain from the 22
GOC any information the Minister requires for the purposes 23
of preparing a report under section 13. 24
(2) The Minister's notice must state a reasonable period to 25
comply with the request. 26
(3) When asked by the Minister under subsection (1), the 27
shareholding Ministers must, by written notice (the 28
shareholding Ministers' notice), ask the GOC to provide the 29
information requested by the Minister to the shareholding 30
Ministers. 31
Page 8
Queensland Industry Participation Policy Bill 2010
Part 4 Savings provision
[s 16]
(4) The shareholding Ministers' notice must state a reasonable 1
period to comply with the request. 2
(5) The GOC must comply with the request within the stated 3
period, unless complying with the request would place the 4
GOC in contravention of a law. 5
(6) The shareholding Ministers must give the information 6
provided under subsection (5) to the Minister within the 7
period stated in subsection (2). 8
Part 4 Savings provision 9
16 Saving of existing local industry policy 10
The document titled `Local industry policy--fair go for local 11
industry' published on the department's website and in force 12
immediately before the commencement of this section is 13
taken to be the local industry policy for this Act. 14
Editor's note-- 15
This document is available on the department's website at 16
. 17
Page 9
Queensland Industry Participation Policy Bill 2010
Schedule
Schedule Dictionary 1
section 5 2
agency means-- 3
(a) a department; or 4
(b) a statutory body within the meaning of the Financial 5
Accountability Act 2009; or 6
(c) a special purpose vehicle. 7
GOC includes a subsidiary of a GOC. 8
local industry means suppliers of goods produced, or services 9
provided, wholly or partly in Australia or New Zealand. 10
local industry policy see section 6(1). 11
shareholding Ministers, of a GOC, see the Government 12
Owned Corporations Act 1993, section 78. 13
special purpose vehicle-- 14
(a) means a corporation incorporated under the 15
Corporations Act and-- 16
(i) established by the State to undertake a specific 17
project; and 18
(ii) to which the State provides financial support, 19
under a funding arrangement, for the corporation 20
to undertake the project; and 21
(iii) in which the State is a shareholder; 22
(b) but does not include a GOC. 23
© State of Queensland 2010
Page 10
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