2017
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Alistair Coe)
Government Procurement (Financial Integrity) Amendment Bill 2017

Contents
	Page
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	Section 42A	2
	5	Contents of notifiable invoices register
New section 42C (1) (ga)	3
Schedule 1	Other amendments	4
Part 1.1	Financial Management Act 1996	4
Part 1.2	Government Procurement Regulation 2007	6
Part 1.3	Taxation Administration Act 1999	6
Part 1.4	University of Canberra Act 1989	7

2017
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Alistair Coe)
Government Procurement (Financial Integrity) Amendment Bill 2017

A Bill for
An Act to amend the Government Procurement Act 2001, and for other purposes

    

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

1	Name of Act
This Act is the Government Procurement (Financial Integrity) Amendment Act 2017.
2	Commencement
This Act commences on 1 January 2018.
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.
Note	This Act also amends the following legislation (see sch 1):
·	Financial Management Act 1996
·	Government Procurement Regulation 2007
·	Taxation Administration Act 1999
·	University of Canberra Act 1989.
4	Section 42A
substitute
42A	What is a notifiable invoice?—pt 3A
	(1)	For this part, a notifiable invoice is an invoice for $12 500 or more, payable by a responsible Territory entity for goods, services, works or property provided to, or procured by, the Territory or a Territory entity.
	(2)	A notifiable invoice includes an invoice for reimbursement by the Territory or a Territory entity of the cost for goods, services, works or property provided to, or procured by, a contractor in the course of carrying out the contractor’s work for the Territory or a Territory entity.
Example
the cost of flights to Canberra, and accommodation in Canberra, for the contractor to inspect works
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)	However, a notifiable invoice does not include—
	(a)	an invoice for goods, services, works or property provided by the Territory or a Territory entity; or
	(b)	an invoice for the grant of a licence or lease of land, or the sale of a lease of land, by the Territory; or
	(c)	an invoice prescribed by regulation.
5	Contents of notifiable invoices register
New section 42C (1) (ga)
insert
	(ga)	if the invoice relates to a contract—the contract number and contract name or title;

Schedule 1	Other amendments
(see s 3)
Part 1.1	Financial Management Act 1996
[1.1]	New section 130A
insert
130A	Act of grace payments register
	(1)	The director-general must keep a register of act of grace payments (the act of grace payments register).
Note	The reference to the director-general is to the director-general of the administrative unit that administers this provision (and not to the director-general of each administrative unit), see the Legislation Act, s 163.
	(2)	The register must be kept electronically.
Example
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.
	(4)	The act of grace payments register must include the following for each act of grace payment made:
	(a)	the date the payment was authorised by the Treasurer;
	(b)	the date of the payment;
	(c)	the amount of the payment;
	(d)	the grounds for the payment;
	(e)	the directorate or territory authority that made the payment;
	(f)	anything else prescribed by regulation.
	(5)	The register may include anything else the director-general considers appropriate.
	(6)	The responsible directorate or territory authority for an act of grace payment must, within 21 days after the end of the quarter in which the payment was made—
	(a)	enter the information mentioned in subsection (4) for the payment in the register; or
	(b)	give the information to the director-general for entry in the register.
Note	Quarter—see the Legislation Act, dictionary, pt 1.
	(7)	For subsection (6), the directorate or territory authority must not disclose the identity of a payee for an act of grace payment unless the payee agreed to the disclosure as a condition of authorising the payment.
	(8)	The director-general must ensure, as far as practicable, that a copy of the information mentioned in subsection (4) for an act of grace payment is accessible on a website approved by the director‑general—
	(a)	at all times; and
	(b)	for at least 2 years.
	(9)	Access under subsection (8) must be provided without charge by the Territory.
	(10)	In this section:
act of grace payment means a payment made by a directorate or territory authority under section 130.
[1.2]	Dictionary, note 2
insert
·	quarter
Part 1.2	Government Procurement Regulation 2007
[1.3]	Section 12C
omit
Part 1.3	Taxation Administration Act 1999
[1.4]	Section 97 (d) (v)
after
section 130 (Act of grace payments)
insert
, section 130A (Act of grace payments register)
Part 1.4	University of Canberra Act 1989
[1.5]	Section 35 (4)
after
section 130 (Act of grace payments)
insert
and section 130A (Act of grace payments register)

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 20 September 2017.
2	Notification
	Notified under the Legislation Act on	2017.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2017