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Government Procurement (Judicial Review) Bill 2017

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8524

2016-2017-2018

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

 

Government Procurement (Judicial Review) Bill 2017

 

 

( 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.

[definition of Agreement]

( 2 )     Clause 4, page 4 (after line 2) , after the definition of official , insert:

Party has the meaning given by Article 1.3 of Chapter 1 of the Agreement.

[definition of Party]

( 3 )     Clause  21 , page 16 (after line 16) , at the end of the clause, add:

ยท          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.

[sunsetting]

( 4 )     Page 17 (after line 17) , at the end of Part  5 , add:

26   Cessation of effect of Act

                   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 that Chapter 9 of the Agreement, which deals with investor-State disputes, does not apply in relation to an investment in Australia by an investor of the other Party;

                     (b)  bilateral side letters exchanged between Australia and each other Party agreeing that labour market testing must occur in relation to contractual service suppliers entering, or proposing to enter, Australia from the other Party.

[sunsetting]