2014
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Mr Alistair Coe)
Government Procurement (Transparency in Spending) Amendment Bill 2014

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
Part 2	Government Procurement Act 2001
	4	New part 3A	3
	5	Dictionary, new definitions	7
Part 3	Government Procurement Regulation 2007
	6	New section 12C	8

2014
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Mr Alistair Coe)
Government Procurement (Transparency in Spending) Amendment Bill 2014

A Bill for
An Act to amend the Government Procurement Act 2001 and the Government Procurement Regulation 2007

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1	Preliminary
1	Name of Act
This Act is the Government Procurement (Transparency in Spending) Amendment Act 2014.
2	Commencement
This Act commences on the day after it’s notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This Act amends the Government Procurement Act 2001 and the Government Procurement Regulation 2007.

Part 2	Government Procurement Act 2001
4	New part 3A
insert
Part 3A	Notifiable invoices
Division 3A.1	Preliminary—pt 3A
42A	Definitions—pt 3A
In this part:
notifiable invoice—see section 42B.
notifiable invoices register—see section 42C.
42B	What is a notifiable invoice?
	(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, notifiable invoice does not include an invoice prescribed by regulation.
Division 3A.2	Notifiable invoices register
42C	Keeping of notifiable invoices 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.
42D	Contents of notifiable invoices register
	(1)	The notifiable invoice register must include the following for each notifiable invoice:
	(a)	a copy of the invoice;
	(b)	the following information:
	(i)	the name of the entity invoicing the Territory;
	(ii)	if the entity invoicing the Territory has an ABN—the ABN;
	(iii)	the name of the responsible Territory entity for the invoice; 
	(iv)	a brief description of what the invoice is for;
	(v)	if the invoice relates to a contract—information identifying the contract;
Example
contract number
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).
	(vi)	the date the invoice was raised;
	(vii)	the date the invoice was paid;
	(viii)	the value of the good or service charged for under the invoice;
	(ix)	anything else prescribed by regulation.
	(2)	The register may include anything else the director-general considers appropriate.
42E	Public access to material on notifiable invoices register
	(1)	The director-general must ensure, as far as practicable, that a copy of the information mentioned in section 42D (1) for a notifiable invoice is accessible on a website approved by the director‑general—
(a)	at all times; and
(b)	for at least 5 years.
	(2)	Access must be provided without charge by the Territory.
42F	Territory entities to provide material for notifiable invoices register
The responsible Territory entity for a notifiable invoice must, within 30 days after the day the invoice was paid—
	(a)	enter the information mentioned in section 42D (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
42G	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 or a service for which an invoice is to be raised.
42H	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, government invoices otherwise than as required by this part if any agency is required under law to do or can otherwise properly do so.
Note 1	The Freedom of Information Act 1989 and the Territory Records Act 2002 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.
42I	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.
5	Dictionary, new definitions
insert
notifiable invoice, for part 3A (Notifiable invoices)—see section 42B. 
notifiable invoices register, for part 3A (Notifiable invoices)—see section 42C. 

Part 3	Government Procurement Regulation 2007
6	New section 12C
insert
12C	Notifiable invoice threshold—Act, s 42B (1)
The prescribed amount is $10 000.

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 24 September 2014.
2	Notification
	Notified under the Legislation Act on	2014.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2014