2017

THE LEGISLATIVE ASSEMBLY FOR THE
AUSTRALIAN CAPITAL TERRITORY

GOVERNMENT AMENDMENTS TO
GOVERNMENT PROCUREMENT (FINANCIAL INTEGRITY) AMENDMENT BILL 2017 

SUPPLEMENTARY EXPLANATORY STATEMENT

Presented by
Andrew Barr MLA
Treasurer

INTRODUCTION
This Explanatory Statement addresses Government amendments to the Government Procurement (Financial Integrity) Amendment Bill 2017 (the Bill).

The Bill was presented as a Private Member’s Bill to the Legislative Assembly in September 2017, by Mr Alistair Coe MLA. The Bill seeks to amend the Government Procurement Act 2001 and the Financial Management Act 1996 and to make consequential amendments to the Taxation Administration Act 1999, University of Canberra Act 1989 and Government Procurement Regulation 2007 to improve integrity 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 (Financial Integrity) Amendment Bill 2017 (the Bill)
Amendment 1
This amendment substitutes the long title of the Bill with the new title: An Act to amend the Government Procurement Act 2001. Amendment 6 removes Schedule 1, being the other purposes to which the Bill’s long title refers.
Amendment 2
Clause 2 – Commencement 
This amendment substitutes the commencement date of 1 January 2018 with a new commencement date of 1 July 2018. 
Amendment 3
Clause 3, proposed new note Page 2, line 10-14
This amendment omits the note, to reflect Amendment 5. 
Amendment 4
Clause 4 – proposed new sections 42A (1)
This amendment substitutes $12,500 with the prescribed amount. This amendment is to keep the setting of the value of a notifiable invoice by regulation.  The rest of the clause, including inserting property into the definition of a notifiable invoice, is preserved. 
•	New Section 42A (1) – What is a notifiable invoice?
This clause defines a notifiable invoice as being an invoice, for the prescribed amount, payable by a responsible Territory entity for goods, services, works or property provided to, or procured by, the Territory or a Territory entity. 
Amendment 5
Clause 5 – proposed new section 42C (1) (ga)
This amendment opposes the new section, with the result that the contract number and name or title would not be included in the contents of the notifiable invoices register. 
Amendment 6
Schedule 1 Page 4, line 1— 
This amendment opposes the amendments in Schedule 1. The results of this amendment would be that there would be no act of grace payments register, and therefore no consequential amendments to the Taxation Administration Act and University of Canberra Act. This amendment will also remove the amendment to the Government Procurement Regulation 2007, with the result that the value for a notifiable invoice will continue to be set by regulation, as per Amendment 3.