Bill
Government Procurement (Judicial Review) Bill 2017
passed, as at 2018-10-19. Finance portfolio.
- Sponsor
- Not recorded
- Portfolio
- Finance
Recorded stages
- introduced — 2017-05-25
- second reading — 2017-05-25
- second reading — 2018-09-19
- second reading — 2018-09-19
- third reading — 2018-09-19
- introduced — 2018-09-20
- second reading — 2018-09-20
- second reading — 2018-10-17
- second reading — 2018-10-17
- committee — 2018-10-18
- third reading — 2018-10-18
- passed — 2018-10-18
- royal assent — 2018-10-19
Divisions
- The majority voted against an [amendment](https://www.openaustralia.org.au/debates/?id=2018-09-19.33.1) to the usual [second reading motion](https://www.peo.gov.au/learning/fact-sheets/making-a-law.html) that the House agree with the main idea of the bill, which was introduced by Labor MP [Jim Chalmers](https://theyvoteforyou.org.au/people/representatives/rankin/jim_chalmers). In parliamentary jargon, he wanted to amend the motion "that the bills be read a second time" with the following: > *That all words after "That" be omitted with a view to substituting the following words:* > *"whilst not declining to give the bill a second reading, the House disapproves of the Government's failure to properly maximise the opportunities for Australian businesses in the Commonwealth Government's $50 billion procurement program".* — 2018-09-19, House of Representatives: negative, ayes 66, noes 71
- The majority voted in favour of a [motion](https://www.openaustralia.org.au/senate/?id=2018-10-17.279.1) to agree with the main idea of the bill. In parliamentary jargon, they voted to read the bill for a [second time](https://peo.gov.au/understand-our-parliament/how-parliament-works/bills-and-laws/making-a-law-in-the-australian-parliament/). ### Bill's main idea According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1819a/19bd026): > *The Government Procurement (Judicial Review) Bill 2017 (the Bill) proposes to fill a gap in the current arrangements in administrative law relating to Commonwealth procurement, and to address obligations under relevant free trade agreements, by creating new rules for making and investigating complaints in relation to the contravention of relevant Commonwealth Procurement Rules (CPRs).* > > *Specifically, the Bill:* > > * *provides domestic and foreign tenders/suppliers with a statutory basis to challenge an actual or apprehended Commonwealth procurement decision for a contravention of relevant parts of the CPRs by providing the Federal Court, and the Federal Circuit Court (the Courts) the power to deal with particular procurement disputes (relating to ‘covered procurements’), and grant injunctions or order compensation to aggrieved suppliers for a breach of the relevant CPRs* > > * *makes it mandatory for the aggrieved supplier at first instance, to refer the complaint for investigation by the accountable authority for the relevant Commonwealth entity, before the supplier can bring a complaint before the Courts and* > > * *requires the accountable authority to suspend the procurement while the complaint is being investigated, unless the secretary of that authority has issued a ‘public interest certificate’ for that procurement.* — 2018-10-17, Senate: affirmative, ayes 30, noes 13
- The majority voted in favour of a [motion](https://www.openaustralia.org.au/senate/?id=2018-10-18.4.2) introduced by Victorian Senator [Mitch Fifield](https://theyvoteforyou.org.au/people/senate/victoria/mitch_fifield) (Liberal), which means it succeeded. ### Motion text > *That on Thursday, 18 October 2018—* > > *(a) the [Government Procurement (Judicial Review) Bill 2017](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5871) and the [Treasury Laws Amendment (Lower Taxes for Small and Medium Businesses) Bill 2018](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r6206) be called on immediately and have precedence over all government business until determined;* > > *(b) if by 11.45 am the bills have not been finally considered, the questions on all remaining stages shall be put without debate; and* > > *(c) paragraph (b) of this order shall operate as a limitation of debate under standing order 142* — 2018-10-18, Senate: affirmative, ayes 35, noes 14
- The majority voted against amendments (1) to (4) on [sheet 8524](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/display.w3p;query=Id%3A%22legislation%2Famend%2Fr5871_amend_ecbeadcd-43d8-47a6-9100-0c8698883cc4%22;rec=0), which were introduced by Centre Alliance. ### Amendment text > *(1) Clause 4, page 3 (after line 14), after the definition of accountable authority, insert:* > >> **Agreement** *means the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, done at Santiago, Chile on 8 March 2018, as amended and in force for Australia from time to time.* >> >> *Note 1: The Agreement could in 2018 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).* >> >> *Note 2: Under Article 1 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (the Santiago Agreement), most of the provisions of the Trans-Pacific Partnership Agreement (the Auckland Agreement), done at Auckland on 4 February 2016, are incorporated, by reference, into and made part of the Santiago Agreement. This means, for example, that Chapters 1 and 3 of the Auckland Agreement are, because of that Article, Chapters 1 and 3 of the Santiago Agreement.* > > *(2) Clause 4, page 4 (after line 2), after the definition of official, insert:* > >> **Party** *has the meaning given by Article 1of Chapter 1 of the Agreement.* > > *(3) Clause 21, page 16 (after line 16), at the end of the clause, add:* > >> *This Act ceases to have effect on 1 January 2020 unless certain bilateral side letters to the Agreement are exchanged and come into force for Australia before that day.* > > *(4) Page 17 (after line 17), at the end of Part 5, add:* > >> *26 Cessation of effect of Act* >> >> *7 This Act ceases to have effect on 1 January 2020 unless all of the following come into force for Australia before that day:* >> >>> *(a) bilateral side letters exchanged between Australia and each other Party agreeing — 2018-10-18, Senate: negative, ayes 14, noes 42
- The majority voted in favour of a [motion](https://www.openaustralia.org.au/senate/?id=2018-10-18.83.1) to pass the [bill](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/r5871). In parliamentary jargon, they voted to read the bill [for a third time](https://www.peo.gov.au/learning/fact-sheets/making-a-law.html). ### What does the bill do? According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1819a/19bd026): > *The Government Procurement (Judicial Review) Bill 2017 (the Bill) proposes to fill a gap in the current arrangements in administrative law relating to Commonwealth procurement, and to address obligations under relevant free trade agreements, by creating new rules for making and investigating complaints in relation to the contravention of relevant Commonwealth Procurement Rules (CPRs).* — 2018-10-18, Senate: affirmative, ayes 46, noes 9
Plain-language summary
Written by a model from the explanatory memorandum; not the record, as at 2017-05-25.
The bill would give the Federal Circuit Court of Australia the power to issue injunctions or order compensation when a supplier breaks the Commonwealth Procurement Rules for a covered procurement.
A supplier would have to lodge a complaint with the relevant Commonwealth entity's accountable authority and have it investigated, and the procurement would be paused unless a public interest certificate is in force, before going to court.
The bill aims to help Australia meet its international trade obligations, such as those under the World Trade Organization Agreement on Government Procurement and the Trans-Pacific Partnership Agreement, and to give regional and small businesses easier access to justice.
- Vests the Federal Circuit Court with jurisdiction to grant injunctions and order compensation for procurement rule breaches.
- Requires suppliers to complain to the accountable authority first and have the procurement suspended during investigation, unless a public interest certificate applies.
- Enables Australia to meet international obligations on government procurement complaints and remedies.
Suppliers, including regional and small and medium enterprises, and Commonwealth entities involved in covered procurements.
Sources
em
em supp
billhome
frl act