Public Governance, Performance and Accountability (Procurement) Repeal Instrument 2017

Overview

The Public Governance, Performance and Accountability (Procurement) Repeal Instrument 2017 was enacted to facilitate the repeal of existing Commonwealth Procurement Rules, which were set to be replaced by new rules from 1 March 2017. This instrument was made under section 105B of the Public Governance, Performance and Accountability Act 2013, providing the Finance Minister with the authority to establish provisions about procurement. The purpose of this instrument is to streamline and modernise procurement practices within the Commonwealth by repealing outdated rules and aligning them with the new regulations. As stated in the explanatory statement, the repeal is consequential to the issuance of new Commonwealth Procurement Rules, and no consultation was deemed necessary given this context. The instrument ensures a smooth transition and maintains compliance with the overarching objectives of the PGPA Act.

Scope and Application

The Public Governance, Performance and Accountability (Procurement) Repeal Instrument 2017 applies to the Commonwealth of Australia and its entities, including departments, agencies, statutory authorities, and any entities prescribed under the Public Governance, Performance and Accountability Act 2013. This instrument specifically targets procurement activities, seeking to repeal the Commonwealth Procurement Rules 2014 and 2016 to align with new procurement rules set to be introduced. The repeal instrument does not extend to state or territory procurement activities but is strictly within the Commonwealth’s jurisdiction. There are no exclusions, exemptions, or specific thresholds outlined in this repeal instrument, as its purpose is solely to facilitate the transition to new procurement rules. The instrument may be varied or revoked by the Finance Minister under the powers granted by the Public Governance, Performance and Accountability Act 2013.

Key Provisions

The Public Governance, Performance and Accountability (Procurement) Repeal Instrument 2017 (F2017L00135) operates to repeal two sets of Commonwealth Procurement Rules: the Commonwealth Procurement Rules (F2014L00912) and the Commonwealth Procurement Rules (F2016L01831). The repeal takes effect from 1 March 2017, and the latter from the day following the instrument's registration, respectively. This repeal is made under section 105B of the Public Governance, Performance and Accountability Act 2013 (PGPA Act) (sections 1 and 2). This legislative instrument is consequential to the issuance of a new version of the Commonwealth Procurement Rules, which will take effect on the same dates (section 2). The obligations and requirements imposed by this instrument are primarily procedural, ensuring the smooth transition from the old procurement rules to the new ones. This includes the formal repeal of the specified procurement rules and the alignment of the new rules with the updated legislative framework (section 2). The instrument allows the Finance Minister to make necessary provisions regarding procurement, including the repeal of outdated rules to facilitate the implementation of new regulations (section 105B(1) of the PGPA Act). The repeal instrument itself does not impose new obligations or requirements on parties or entities beyond those specified in the new Commonwealth Procurement Rules, which it facilitates. However, it does set the stage for the application of those new rules by formally repealing the previous ones (section 2). As a result, entities and parties involved in procurement processes must ensure their compliance with the new procurement rules, which will be in effect from the specified dates (section 2). There are no specific offences, penalties, or consequences detailed within the repeal instrument itself. However, failure to comply with the new Commonwealth Procurement Rules, which this instrument facilitates, could result in civil or criminal penalties. These consequences would be outlined in the new procurement rules. Under the PGPA Act, breaches of procurement provisions can lead to disciplinary actions, fines, and other legal consequences, depending on the severity of the breach (section 105B(2) of the PGPA Act). It is essential for parties involved in procurement to familiarize themselves with the new rules to avoid any potential penalties.