EXPLANATORY STATEMENT
Issued by the Authority of the Minister for Finance
Public Governance, Performance and Accountability Act 2013
Public Governance, Performance and Accountability Rule 2014
Public Governance, Performance and Accountability Amendment (Procurement by Regional Investment Corporation) Rules 2018
Section 105B of the Public Governance, Performance and Accountability Act 2013 (PGPA Act) provides the Finance Minister with the authority to, by written instrument, make provisions about procurement by Commonwealth entities and companies.
Section 105B(1)(b) of the PGPA Act allows the Finance Minister to, by written instrument, make provisions about procurement for corporate Commonwealth entities who are prescribed in the rules. Corporate Commonwealth entities that the Finance Minister has designated as body corporates that are subject to the Commonwealth Procurement Rules are listed in section 30 of the Public Governance, Performance and Accountability Rule 2014 (PGPA Rule).
The Public Governance, Performance and Accountability Amendment (Procurement by Regional Investment Corporation) Rules 2018 (the Amendment Rules) amends section 30 of the PGPA Rule to add one corporate Commonwealth entity as an entity prescribed to adhere to the Commonwealth Procurement Rules. The entity is the Regional Investment Corporation.
Details of the Amendment Rules are set out at Attachment A. A Statement of Compatibility with Human Rights is at Attachment B.
The Amendment Rules are a legislative instrument for the purposes of the Legislation Act 2003.
The Amendment Rules will come into effect the later of; the day after this instrument is registered or the day sections 3 to 54 of the Regional Investment Corporation Act 2018 (RIC Act) commence.
Consultation
The Amendment Rules have been prepared in consultation with the relevant areas within the Department of Finance, Department of Foreign Affairs and Trade, and Department of Agriculture and Water Resources.
Attachment A
Details of the Public Governance, Performance and Accountability Amendment (Procurement by Regional Investment Corporation) Rules 2018
Section 1—Name
This section provides that the title of the Rules is the Public Governance, Performance and Accountability Amendment (Procurement by Regional Investment Corporation) Rules 2018 (the Amendment Rules).
Section 2—Commencement
This section provides that the Amendment Rules will commence the later of; the day after this instrument is registered or the day sections 3 to 54 of the RIC Act commence. Those sections will commence the day after a six-month period from Royal Assent or an earlier date to be set by proclamation.
Section 3—Authority
This section provides that the Amendment Rules are made under the PGPA Act.
Section 4—Schedules
This section provides that each instrument that is specified in a Schedule to the Amendment Rules is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Amendments
Public Governance, Performance and Accountability Rule 2014
Item 1—Section 30
This item adds the Regional Investment Corporation to the list of corporate Commonwealth entities in section 30 of the PGPA Rule. The list in section 30 of the PGPA Rule prescribes the corporate Commonwealth entities that are subject to the Commonwealth Procurement Rules, or any instrument created by the Finance Minister concerning procurement that affects those corporate Commonwealth entities.
Attachment B
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
The Public Governance, Performance and Accountability Amendment (Procurement by Regional Investment Corporation) Rules 2018 (the Amendment Rules) are compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the legislative instrument
The PGPA Act establishes a framework for regulating resource management by the Commonwealth and relevant entities. Section 101 of the PGPA Act provides that the Finance Minister may make rules by legislative instrument to prescribe matters giving effect to the Act.
The Amendment Rules amend the PGPA Rule to list one corporate Commonwealth entity: the Regional Investment Corporation to prescribe it as a corporate Commonwealth entity that must comply with the Commonwealth Procurement Rules.
Human rights implications
The Amendment Rules do not impinge on any applicable rights or freedoms.
Conclusion
The Amendment Rules are compatible with human rights as the rules do not raise any human rights issues.