Public Governance, Performance and Accountability Amendment (Procurement by Regional Investment Corporation) Rules 2018

Administered by Department of Finance

Legislation au F2018L00247 Rules Not in force Legislative Instrument

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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.

 

Overview

The Public Governance, Performance and Accountability Amendment (Procurement by Regional Investment Corporation) Rules 2018 amends the Public Governance, Performance and Accountability Rule 2014 to include the Regional Investment Corporation in the list of corporate Commonwealth entities subject to the Commonwealth Procurement Rules. This legislative instrument was enacted by the Parliament of Australia under the authority granted by the Public Governance, Performance and Accountability Act 2013. The primary objective of these rules is to ensure that the Regional Investment Corporation adheres to the Commonwealth Procurement Rules, thereby maintaining consistency and accountability in procurement practices across all Commonwealth entities. The Amendment Rules were developed in consultation with relevant departments, including the Department of Finance, Department of Foreign Affairs and Trade, and Department of Agriculture and Water Resources. The rules are compatible with human rights as they do not affect any rights or freedoms recognised under the relevant international instruments.

Scope and Application

The Public Governance, Performance and Accountability Amendment (Procurement by Regional Investment Corporation) Rules 2018 amends the Public Governance, Performance and Accountability Rule 2014 to include the Regional Investment Corporation in the list of corporate Commonwealth entities that must adhere to the Commonwealth Procurement Rules. This legislative instrument is made under the authority of the Public Governance, Performance and Accountability Act 2013, which allows the Finance Minister to make rules concerning procurement by Commonwealth entities. The Amendment Rules ensure that the Regional Investment Corporation, as a corporate Commonwealth entity, must comply with the procurement regulations set forth in the Commonwealth Procurement Rules. The Amendment Rules will take effect on the later of the day after they are registered or the commencement of certain sections of the Regional Investment Corporation Act 2018. The changes are designed to integrate the Regional Investment Corporation into the existing framework governing procurement practices for Commonwealth entities, ensuring consistency and compliance with established procurement standards.

Key Provisions

The Public Governance, Performance and Accountability Amendment (Procurement by Regional Investment Corporation) Rules 2018, referred to as the Amendment Rules, introduce specific provisions related to procurement for the Regional Investment Corporation (RIC), a corporate Commonwealth entity. Under Section 105B(1)(b) of the Public Governance, Performance and Accountability Act 2013 (PGPA Act), the Finance Minister has the authority to make rules regarding procurement by Commonwealth entities and companies. The Amendment Rules specifically amend section 30 of the Public Governance, Performance and Accountability Rule 2014 (PGPA Rule) to include the RIC as an entity subject to the Commonwealth Procurement Rules. The Amendment Rules impose obligations on the RIC to comply with the Commonwealth Procurement Rules as outlined in the PGPA Rule. By including the RIC in section 30 of the PGPA Rule, the Amendment Rules ensure that the RIC must adhere to the procurement processes and regulations that apply to other corporate Commonwealth entities. This includes following the principles of openness, transparency, competition, and value for money when engaging in procurement activities. The RIC must ensure that its procurement practices align with the requirements set out in the PGPA Act and any relevant legislative instruments. Failure to comply with the Commonwealth Procurement Rules can result in various consequences. Breaches of the procurement rules may lead to civil or criminal penalties, depending on the nature and severity of the breach. The PGPA Act and associated regulations outline specific penalties for non-compliance, which may include fines or other sanctions. Additionally, individuals or entities involved in corrupt practices or other misconduct related to procurement may face criminal charges, leading to potential imprisonment or other criminal penalties as prescribed by law. The Amendment Rules, therefore, serve to reinforce the importance of adhering to procurement regulations and maintaining integrity in public sector procurement processes.

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Area of Law
Procurement Law
Public Governance, Performance and Accountability
Instrument
Rules
Concepts
Definitions & Interpretation
Regulatory Standards
Licensing & Registration

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.