2015

THE LEGISLATIVE ASSEMBLY FOR THE
AUSTRALIAN CAPITAL TERRITORY

GOVERNMENT AMENDMENTS TO
GOVERNMENT PROCUREMENT (TRANSPARENCY IN SPENDING) AMENDMENT BILL 2014 

EXPLANATORY STATEMENT

Presented by
Andrew Barr MLA
Minister for Economic Development

INTRODUCTION
This Explanatory Statement addresses Government amendments to the Government Procurement (Transparency in Spending) Amendment Bill 2014 (the Bill).

The Bill was presented as a Private Member’s Bill to the Legislative Assembly in September 2014, by Mr Alistair Coe MLA. The Bill seeks to amend the Government Procurement Act 2001 and the Government Procurement Regulation 2007 to improve transparency and accountability in government spending. 

This Explanatory Statement has been prepared in order to assist those reading Government amendments to the Bill and to help inform debate of the Bill in the Legislative Assembly. 

CLAUSE NOTES

Government Procurement (Transparency in Spending) Bill 2014 (the Bill)
Amendment 1
Clause 4 proposed new sections 42A and 42B
This amendment substitutes sections 42A and 42B of the Bill, with new section 42A. 
•	New Section 42A – What is a notifiable invoice?
This clause identifies a notifiable invoice as being an invoice, for a prescribed amount, payable by the Territory for goods, services or works received.  The clause clarifies that a notifiable invoice does not include an invoice raised by the Territory or a Territory entity or an invoice that may be prescribed by regulation. 
Amendment 2
Clause 4 proposed new sections 42F
This amendment substitutes section 42F of the Bill with a new section 42F.
•	New Section 42F – Territory entities to provide material for notifiable invoices register
This clause sets the timeframe in which a Territory entity must publish information about a notifiable invoice, or provide the information to the director-general for entry in the notifiable register, as being 21 days after the end of the month in which the invoice was paid.  
The 21 day period facilitates administrative simplicity as it provides a single reference point per month for identifying notifiable invoices.  Also, the 21 day period is consistent with the number of days that apply to publishing a notifiable contract or a notifiable amendment, as per section 31 of the Government Procurement Act 2001.
Amendment 3
Clause 5 proposed new dictionary definition of notifiable invoice
This amendment substitutes wording in the dictionary definitions to clarify that definitions for notifiable invoice and notifiable invoices register are in accordance with new section 42A as per these amendments.  
Amendment 4
Clause 6 New proposed new section 12C heading
This amendment changes the heading title of this clause to correspond with the Government amendment to section 42A(1) of the Bill.