Victorian Industry Participation Policy Act 2003

Victorian Legislation and Parliamentary Documents i Victorian Industry Participation Policy Act 2003 Act No. 72/2003 TABLE OF PROVISIONS Section Page 1. Purposes 1 2. Commencement 2 3. Definitions 2 4. The Victorian Industry Participation Policy 2 5. VIPP objectives 3 6. VIPP principles 3 7. VIPP to be consistent with other requirements 4 8. Publication of VIPP 4 9. Agencies to report on compliance with VIPP 4 10. Minister to report on implementation of VIPP 5 11. Agencies to provide information to Minister 5 ═══════════════ ENDNOTES 6 INDEX 7 -- 1 of 8 -- Victorian Legislation and Parliamentary Documents 1 Victorian Industry Participation Policy Act 2003† [Assented to 14 October 2003] The Parliament of Victoria enacts as follows: 1. Purposes The purposes of this Act are— (a) to provide for the development and implementation of a Victorian Industry Participation Policy; and (b) to require reports to Parliament on the policy's implementation and government agencies' compliance with it. Victoria No. 72 of 2003 -- 2 of 8 -- Victorian Legislation and Parliamentary Documents Act No. 72/2003 Victorian Industry Participation Policy Act 2003 2 2. Commencement (1) Subject to sub-section (2), this Act comes into operation on a day or days to be proclaimed. (2) If a provision of this Act does not come into operation before 1 January 2004, it comes into operation on that day. 3. Definitions (1) In this Act— "agency" means— (a) a department; or (b) a public body— within the meaning of the Financial Management Act 1994; "Department" means Department of Innovation, Industry and Regional Development; "local industry" means industry and other businesses based in Australia or New Zealand; "VIPP" means Victorian Industry Participation Policy under section 4. (2) If the name of the Department of Innovation, Industry and Regional Development is changed, a reference in the definition of "Department" in sub- section (1) to that Department is taken, after the change, to be a reference to the Department by its new name. 4. The Victorian Industry Participation Policy (1) The Victorian Government must develop and implement a policy with respect to the participation by local industry in projects, developments, procurements and other initiatives undertaken or funded (whether wholly or partially) by the State. s. 2 -- 3 of 8 -- Victorian Legislation and Parliamentary Documents Act No. 72/2003 Victorian Industry Participation Policy Act 2003 3 (2) The policy is to be known as the Victorian Industry Participation Policy. (3) The policy may include guidelines as to its application and procedures to be followed in complying with it. 5. VIPP objectives In developing the VIPP, regard must be had to the following objectives— (a) promoting employment and business growth by expanding market opportunities for local industry; (b) providing contractors with increased access to, and raised awareness of, local industry capability; (c) exposing local industry to world's best practice in workplace innovation, e-commerce and use of new technologies and materials; (d) developing local industry's international competitiveness and flexibility in responding to changing global markets by giving local industry a fair opportunity to compete against foreign suppliers. 6. VIPP principles The VIPP is to take into account and be consistent with the following principles relating to procurement, tendering and the provision of financial assistance by the State— (a) value for money should be the primary consideration in purchasing and supply decisions; (b) tendering mechanisms and processes should be open, clear and accountable. s. 5 -- 4 of 8 -- Victorian Legislation and Parliamentary Documents Act No. 72/2003 Victorian Industry Participation Policy Act 2003 4 7. VIPP to be consistent with other requirements The VIPP must be consistent with— (a) any supply policies under section 54L of the Financial Management Act 1994; and (b) any standards or directions under Part 4 of the Project Development and Construction Management Act 1994; and (c) the obligations of the State under any conventions, treaties or other international agreements to which Australia is a party. 8. Publication of VIPP The Minister must ensure that the VIPP, including any guidelines referred to in section 4(3), as in force from time to time, is— (a) available for public inspection, free of charge, at the principal offices of the Department and the Victorian Government Purchasing Board during ordinary office hours; and (b) published on an Internet site. 9. Agencies to report on compliance with VIPP (1) Each agency must include in its report of operations under Part 7 of the Financial Management Act 1994 a report on the agency's compliance with the VIPP in the financial year to which the report of operations relates. (2) Directions under section 8 of the Financial Management Act 1994 may include directions as to the form and content of the report required by sub-section (1). s. 7 -- 5 of 8 -- Victorian Legislation and Parliamentary Documents Act No. 72/2003 Victorian Industry Participation Policy Act 2003 5 10. Minister to report on implementation of VIPP (1) The Minister must make a report to Parliament for each financial year on the implementation of the VIPP during that year. (2) The report is to be in the form, and contain the information, determined by the Minister. (3) The Minister must cause the report for a financial year to be laid before each House of Parliament on or before 30 November next following that financial year. 11. Agencies to provide information to Minister An agency must, on request, provide the Minister with any information the Minister requires for the purpose of making a report under section 10. ═══════════════ s. 10 -- 6 of 8 -- Victorian Legislation and Parliamentary Documents Act No. 72/2003 Victorian Industry Participation Policy Act 2003 6 ENDNOTES † Minister's second reading speech— Legislative Assembly: 5 June 2003 Legislative Council: 7 October 2003 The long title for the Bill for this Act was "to provide for the development and implementation of a Victorian Industry Participation Policy and require reports to Parliament on the policy's implementation and government agencies' compliance with it and for other purposes." Endnotes -- 7 of 8 -- Victorian Legislation and Parliamentary Documents Act No. 72/2003 Victorian Industry Participation Policy Act 2003 7 INDEX Subject Section Actcommencement 2 purposes 1 Agencies definition 3 information for Minister 11 reports on compliance with VIPP 9 Definitions 3 Financial Management Act 1994 7, 9 Guidelines 4, 8 Local industry (def.) 3 Minister publication of VIPP and guidelines 8 reports by 10–11 Project Development and Construction Management Act 1994 7 Reports on agencies' compliance 9 on implementation of VIPP 10–11 Victorian Industry Participation Policy consistency with other requirements 7 definition of VIPP 3 development and implementation 4 objectives 5 principles 6 publication 8 reports 9–11 -- 8 of 8 --