2019‑2020

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Public Governance, Performance and Accountability Amendment (Sustainable Procurement Principles) Bill 2020

No.      , 2020

(Mr Wilkie)

A Bill for an Act to amend the Public Governance, Performance and Accountability Act 2013, and for related purposes

Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Schedules............................................................................................ 2

Schedule 1—Amendments                                                                                                3

Public Governance, Performance and Accountability Act 2013                       3

A Bill for an Act to amend the Public Governance, Performance and Accountability Act 2013, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act is the Public Governance, Performance and Accountability Amendment (Sustainable Procurement Principles) Act 2020.

2  Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note:          This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

             (2)  Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

                   Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

Public Governance, Performance and Accountability Act 2013

1  Section 8

Insert:

sustainable procurement principles: see subsection 105B(1A).

2  At the end of Subdivision A of Division 2 of Part 2‑2

Add:

19A  Duty to ensure procurement of recycled goods

                   The accountable authority of a Commonwealth entity has a duty to consider the sustainable procurement principles when making procurement decisions and must ensure that at least 30% of the entity’s procurement of goods for a financial year that begins on or after 1 July 2025 is of recycled goods.

3  After subsection 105B(1)

Insert:

          (1A)  However, the Minister must not make a legislative instrument under subsection (1) unless the Minister is satisfied that the instrument is consistent with the following principles (the sustainable procurement principles):

                     (a)  the purchase of goods or property that can be reused, repaired or recycled should be considered when making procurement decisions;

                     (b)  using goods that include recycled material should be given preference when making procurement decisions;

                     (c)  environmental impacts should be minimised when making procurement decisions by choosing goods or services that have lower adverse impacts associated with any stage of production, use or disposal;

                     (d)  fair and ethical sourcing practices should be applied when making procurement decisions by ensuring that suppliers of goods and services are complying with social and legislative obligations, including obligations to employees.