Queensland Industry Participation Policy Act 2011

This Act may be cited as the Queensland Industry Participation Policy Act 2011.

This Act commences on a day to be fixed by proclamation.

This Act binds all persons, including the State.

Nothing in this Act makes the State liable to be prosecuted for an offence.

No provision of this Act creates a civil cause of action based on a contravention of the provision.

The dictionary in the schedule defines particular words used in this Act.

The Minister must develop and adopt a policy (the local industry policy) about the participation by local industry in projects, developments, procurements and other initiatives undertaken or funded, whether wholly or partially, by the State.

The policy may include guidelines about its application and procedures to be followed in complying with it.

In developing the local industry policy, the Minister must have regard to the following objectives—

maximising employment and business growth in Queensland by expanding market opportunities for local industry;

providing agencies and GOCs with access to a wide range of capable local industry in Queensland that can deliver value for money;

supporting regional and rural development in Queensland;

developing local industry’s long-term international competitiveness, and flexibility in responding to changing global markets, by giving local industry a fair opportunity to compete against foreign suppliers of goods and services;

promoting local industry’s involvement in value-adding activities in Queensland;

driving technology transfer, research and development, innovation and improved productivity for local industry in Queensland, to enhance value for money.

The local industry policy must be consistent with the following principles—

achieving value for money;

ensuring probity and accountability for procurement outcomes;

minimising the compliance burden on agencies and GOCs by avoiding unnecessary and excessive administration.

The local industry policy must be consistent with the following—

the obligations of the State under any conventions, treaties or other international agreements to which the Commonwealth is a party;

any policies, standards, notifications, directions or other requirements relevant to the procurement activities of an agency or GOC, including under the following—

the Financial Accountability Act 2009;

the Government Owned Corporations Act 1993;

the Public Service Ethics Act 1994.

Before adopting the local industry policy, or reviewing the policy after its adoption, the Minister must consult with—

agencies; and

GOCs; and

industry organisations and trade unions; and

any other entities the Minister considers appropriate.

For subsection (1)(a) and (b), the Minister must consult with the following—

for an agency—the Minister of the agency;

for a GOC—the shareholding Ministers of the GOC.

An agency must comply with the local industry policy.

A GOC must comply with the local industry policy only if the shareholding Ministers of the GOC notify the board of the GOC under the Government Owned Corporations Act 1993, section 114 that the local industry policy applies to the GOC.

If the responsible Ministers give a rail government entity’s board written notice that the local industry policy applies to the rail government entity or a subsidiary of the entity, the rail government entity or subsidiary must comply with the local industry policy.

If the local industry policy applies to a rail government entity, its board must ensure the entity complies with the local industry policy.

If the local industry policy applies to a subsidiary of a rail government entity, the entity’s board must, as far as practicable, ensure the subsidiary complies with the local industry policy.

Before giving a notice under subsection (3) to a rail government entity, the responsible Ministers must consult with the entity’s board.

In this section—

rail government entity means a government entity under the Public Sector Act 2022, section 276(1)(b) whose principal business is doing either or both of the following directly, or indirectly through its subsidiaries—

managing a railway;

operating rolling stock on a railway.

responsible Ministers means—

the Treasurer; and

the Minister administering the Queensland Rail Transit Authority Act 2013.

The Minister must ensure that the local industry policy, including any guidelines mentioned in section 6(2), as in force from time to time, is—

published on the department’s website; and

available for public inspection, free of charge, at the offices of the department during ordinary office hours.