oo y +; AUDAX - AT: FIDELIS + Queensland Queensland Industry Participation Policy Bill 2010 Queensland Queensland Industry Participation Policy Bill 2010 Contents Part 1 af WN = Part 2 Part 3 Part 4 Schedule Preliminary Shorttitle 2.0... eee eee Commencement..........0. 000. c eee eects Act binds all persons ............ 0.000 c cece ee Contravention of this Act does not create civil cause of action . . Definitions. 0.0.0.0... eee eee Local industry policy The local industry policy........ 0.0.0... cece eee eee ee Local industry policy objectives ................00 00002002 Local industry policy principles..................0..00.00- Local industry policy to be consistent with other requirements . . Consultation required when developing or reviewing local industry policy 21.0... eee eee Agencies and GOCs to comply with local industry policy....... Publication, and reporting on implementation, of local industry policy Publication and inspection of local industry policy............ Minister to report on implementation of local industry policy... . Agencies to provide information to Minister................. GOCs to provide information to shareholding Ministers....... . Savings provision Saving of existing local industry policy..................... Dictionary ........... 0... eee eee ARP PRA oOo ounn co co oO N Oo 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 Is 1] The Parliament of Queensland enacts— Part 1 Preliminary Page 4 Short title This Act may be cited as the Queensland Industry Participation Policy Act 2010. Commencement This Act commences on a day to be fixed by proclamation. Act binds all persons (1) This Act binds all persons, including the State. (2) Nothing in this Act makes the State liable to be prosecuted for an offence. Contravention of this Act does not create civil cause of action No provision of this Act creates a civil cause of action based on a contravention of the provision. Definitions The dictionary in the schedule defines particular words used in this Act. ns 11 13 15 18 Part 2 Queensland Industry Participation Policy Bill 2010 Part 2 Local industry policy [s 6] Local industry policy 6 The local industry policy (1) The Minister must develop and adopt a policy (the local industry policy) about the participation by local industry in projects, developments, procurements and other initiatives undertaken or funded, whether wholly or partially, by the State. (2) The policy may include guidelines about its application and procedures to be followed in complying with it. 7 Local industry policy objectives In developing the local industry policy, the Minister must have regard to the following objectives— (a) (b) (c) (d) (e) (f) maximising employment and business growth in Queensland by expanding market opportunities for local industry; providing agencies and GOCs with access to a wide range of capable local industry in Queensland that can deliver value for money; supporting regional and rural development in Queensland; developing local industry's long-term international competitiveness, and flexibility in responding to changing global markets, by giving local industry a fair opportunity to compete against foreign suppliers of goods and services; promoting local industry's involvement in value-adding activities in Queensland; driving technology transfer, research and development, innovation and improved productivity for local industry in Queensland, to enhance value for money. Page 5 OD ADNAHW WN 12 141720 222427 29 Queensland Industry Participation Policy Bill 2010 Part 2 Local industry policy [s 8] Page 6 Local industry policy principles The local industry policy must be consistent with the following principles— (a) (b) (c) achieving value for money; ensuring probity and accountability for procurement outcomes; minimising the compliance burden on agencies and GOCs by avoiding unnecessary and_ excessive administration. Local industry policy to be consistent with other requirements The local industry policy must be consistent with the following— (a) (b) the obligations of the State under any conventions, treaties or other international agreements to which the Commonwealth is a party; any policies, standards, notifications, directions or other requirements relevant to the procurement activities of an agency or GOC, including under the following— (i) | the Financial Accountability Act 2009; (i1) the Government Owned Corporations Act 1993; (ii) the Public Service Ethics Act 1994. Consultation required when developing or reviewing local industry policy (1) Before adopting the local industry policy, or reviewing the policy after its adoption, the Minister must consult with— (a) (b) (c) (d) agencies; and GOCs; and industry organisations and trade unions; and any other entities the Minister considers appropriate. OPN DAN Ff WN 13 15182124 26 2830 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 the following— (a) for an agency—the Minister of the agency; (b) for a GOC—the shareholding Ministers of the GOC. 11 Agencies and GOCs to comply with local industry policy (1) An agency must comply with the local industry policy. (2) A GOC must comply with the local industry policy only if the shareholding Ministers of the GOC notify the board of the GOC under the Government Owned Corporations Act 1993, section 114 that the local industry policy applies to the GOC. Part 3 Publication, and reporting on implementation, of local industry policy 12 Publication and inspection of local industry policy The Minister must ensure that the local industry policy, including any guidelines mentioned in section 6(2), as in force from time to time, is— (a) published on the department's website; and Editor's note— The department's website is <www.deedi.qld.gov.au>. (b) available for public inspection, free of charge, at the offices of the department during ordinary office hours. Page 7 RW Ne FP Oman DAMN 12161922 Queensland Industry Participation Policy Bill 2010 Part 3 Publication, and reporting on implementation, of local industry policy [s 13] Page 8 Minister to report on implementation of local industry policy (1) (2) (3) The Minister must prepare a report for Parliament for each financial year on the implementation of the local industry policy during that financial year. The report is to be in the form, and contain the information, decided by the Minister. The Minister must table a copy of the report for a financial year in the Legislative Assembly on or before 30 November in the following financial year. Agencies to provide information to Minister (1) (2) (3) The Minister may, by written notice, ask an agency to provide any information the Minister requires for the purposes of preparing a report under section 13. The notice must state a reasonable period to comply with the request. The agency must comply with the request within the stated period, unless complying with the request would place the agency in contravention of a law. GOCs to provide information to shareholding Ministers (1) (2) (3) The Minister may, by written notice (the Minister's notice), ask the shareholding Ministers for a GOC to obtain from the GOC any information the Minister requires for the purposes of preparing a report under section 13. The Minister's notice must state a reasonable period to comply with the request. When asked by the Minister under subsection (1), the shareholding Ministers must, by written notice (the shareholding Ministers' notice), ask the GOC to provide the information requested by the Minister to the shareholding Ministers. FOmD ANID ARW NK Co 1316 182224 26 2830 (4) (5) (6) Part 4 Queensland Industry Participation Policy Bill 2010 Part 4 Savings provision [s 16] The shareholding Ministers' notice must state a reasonable period to comply with the request. The GOC must comply with the request within the stated period, unless complying with the request would place the GOC in contravention of a law. The shareholding Ministers must give the information provided under subsection (5) to the Minister within the period stated in subsection (2). Savings provision Saving of existing local industry policy The document titled 'Local industry policy—fair go for local industry' published on the department's website and in force immediately before the commencement of this section is taken to be the local industry policy for this Act. Editor's note— This document is available on the department's website at <www.deedi.qld.gov.au>. Page 9 CAD ABW NK 1214 17 Queensland Industry Participation Policy Bill 2010 Schedule Schedule Dictionary Page 10 section 5 agency means— (a) adepartment; or (b) a statutory body within the meaning of the Financial Accountability Act 2009; or (c) aspecial purpose vehicle. GOC includes a subsidiary of a GOC. local industry means suppliers of goods produced, or services provided, wholly or partly in Australia or New Zealand. local industry policy see section 6(1). shareholding Ministers, of a GOC, see the Government Owned Corporations Act 1993, section 78. special purpose vehicle— (a) means a _ corporation incorporated under the Corporations Act and— (i) established by the State to undertake a specific project; and (ii) to which the State provides financial support, under a funding arrangement, for the corporation to undertake the project; and (ii1) in which the State is a shareholder; (b) _ but does not include a GOC. © State of Queensland 2010 oN OM BW 11 13 16 18 2023