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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
SUPPORTING LOCAL BUSINESS AND JOBS (LOCAL BENEFITS
TEST) BILL 2011
________________________
CONTENTS
1. Short title
2. Commencement
3. Definitions
4. Local Benefits Test
5. Local Benefits Test Objectives
6. Local Benefits Test to be Consistent with Other Requirements
7. Consultation
8. Implementation of the Local Benefits Test
9. Binding the Crown
10. Regulations
11. Administration of Act
SUPPORTING LOCAL BUSINESS AND JOBS (LOCAL BENEFITS
TEST) BILL 2011
(Brought in by Adam Richard Brooks)
A BILL FOR
An Act to provide for a local benefits test to apply to Tasmanian
Government tenders and contracts.
Be it enacted by His Excellency the Governor of Tasmania, by and with the
advice and consent of the Legislative Council and House of Assembly, in
Parliament assembled, as follows:
1. Short title
This Act may be cited as the Local Benefits Test Act 2011.
2. Commencement
This Act commences on the day on which it receives the
Royal Assent.
3. Definitions
In this Act, unless the contrary intention appears -
"Government procurement process" includes, but is not
limited to any tender, contract or purchase of goods and/or
services by any:
(a) Government agency referred to in Column 1, Schedule
1 of the Financial Management and Audit Act 1990;
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(b) Government Business Enterprise referred to in Schedule
1 of the Government Business Enterprise Act 1995;
(c) State-owned Company established under any of the
following acts:
Electricity Companies Act 1997
Tasmanian Ports Corporation Act 2005
Metro Tasmania Act 1997
TOTE Tasmania Act 2000
TT-Line Arrangements Act 1993
Racing (Tasracing Pty Ltd) Act 2009
Rail Company Act 2009
"Local Business" means a small or medium business, as
defined by the Australian Bureau of Statistics, that is
substantially based in Tasmania and has a majority of its
workforce based in Tasmania that supplies goods produced,
or services provided, wholly or partly in Tasmania.
4. Local Benefits Test
The Minister must develop and adopt a Local Benefits
Test to enhance the participation of local businesses in
Government procurement processes.
The Local Benefits Test must recognise the contribution
of local businesses to the local economy and
employment within Tasmania.
5. Local Benefits Test objectives
The Local Benefits Test must be consistent with the
following objectives:
(a) Recognise and give consideration to the value of the
contribution made to the local economy of local
businesses when making value for money
considerations as part of any Government procurement
process;
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(b) Recognise and give consideration to the local
employment impacts of Government tenders and
contracts and balancing these impacts with value for
money considerations as part of any Government
procurement process; and
(c) Maximise economic and employment opportunities in
rural and regional Tasmania.
6. Local Benefits Test to be consistent with other requirements
The Local Benefits Test must be consistent with the
obligations of the Crown under any conventions,
treaties and agreements and any international
agreements to which the Commonwealth is a party.
7. Consultation
In developing or amending the Local Benefits Test, the
Minister must consult with Government agencies,
Government Business Enterprises, State-owned
Companies, unions, industry organisations, the Leader
of the State Opposition and any other entity the Minister
considers appropriate.
8. Implementation of the Local Benefits Test
The Minister must develop and implement the Local
Benefits Test within six months of this Act receiving
Royal Assent.
9. Binding the Crown
(a) This Act binds the Crown in right of Tasmania and, in
so far as the legislative power of Parliament permits, the
Crown in all its other capacities.
(b) Nothing in this Act renders the Crown liable to be
prosecuted for an offence.
10. Regulations
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(a) The Governor may make regulations for the purposes of
this Act.
(b) The regulations may be made so as to apply differently
according to matters, limitations or restrictions, whether
as to time, circumstance or otherwise, specified in the
regulations.
11. Administration of Act
Until provision is made in relation to this Act by order under section 4 of
the Administrative Arrangements Act 1990 -
(a) the administration of this Act is assigned to the Treasurer;
and
(b) the department responsible to that Minister in relation to the
administration of this Act is the Department of Treasury and
Finance.
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