Anne Ruston (SA, Liberal Party, Shadow Minister for Health and Aged Care) Share this | Hansard source

by leave—I move opposition amendments (1) to (5) on sheet 2639 together:

(1) Schedule 1, item 12, page 5 (after line 25), after the definition of exempt entity in section 5, insert:

fast small business payer: see subsection 22J(1).

(2) Schedule 1, page 6 (after line 4), after item 13, insert:

13A Section 5

Insert:

list of fast small business payers means the list maintained and published on the register in accordance with section 22K.

(3) Schedule 1, item 29, page 27 (after line 25), at the end of section 11, add:

Division 5 requires the Regulator to maintain and publish a list of fast small business payers on the register. The Regulator can exclude an entity from the list of fast small business payers for a period in certain circumstances.

Civil penalties apply to entities that make representations about being a fast small business payer when the entity is not included in the list of fast small business payers.

(4) Schedule 1, item 41, page 41 (after line 13), after Division 4, insert:

Division 5 — Fast small business payers

22J Fast small business payers

(1) An entity is a fast small business payer, at a particular time, if:

(a) at that particular time, the entity is a reporting entity or reporting nominee; and

(b) at that particular time, the entity has given the Regulator payment times reports for 2 consecutive reporting periods and both of the payment times reports for the 2 consecutive reporting periods have a qualifying payment time of 20 days or less; and

(c) at that particular time, the period of 9 months, starting on the day after the end of the later of the 2 consecutive reporting periods, has not ended; and

(d) in the case that, at that particular time, the entity has given the Regulator a payment times report for the next reporting period starting immediately after the end of the later of the 2 consecutive reporting periods—that payment times report also has a qualifying payment time of 20 days or less.

(2) For the purposes of this Division, qualifying payment time of 20 days or less has the meaning given by the rules.

22K List of fast small business payers

List of fast small business payers

(1) The Regulator must maintain and publish on the register a list of entities that are fast small business payers, to be known as the list of fast small business payers.

(2) The Regulator must update the list as soon as practicable after an entity becomes, or ceases to be, a fast small business payer.

Regulator can exclude entities

(3) Despite subsections (1) and (2), the Regulator may decide to exclude an entity from the list for a period if the Regulator reasonably believes (or is considering whether):

(a) the entity has engaged in procurement practices that limit, reduce or restrict small business participation; or

(b) the entity has engaged in payment practices that are contrary to the objects of this Act; or

(c) the entity has given the Regulator a payment times report for a reporting period that has a misleading qualifying payment time of 20 days or less.

(4) If the Regulator makes a decision under subsection (3) to exclude an entity from the list, the Regulator must give the entity written notice of the decision.

(5) The notice must:

(a) set out the reasons for the Regulator's decision; and

(b) specify the period in which the entity is excluded from the list.

22L False representations in relation to fast small business payers

An entity that is a reporting entity or a reporting nominee is liable to a civil penalty if:

(a) the entity does an act or omits to do an act; and

(b) the act or omission results in, or is reasonably capable of resulting in, a representation that the entity:

(i) is a fast small business payer; or

(ii) has a qualifying payment time of 20 days or less; and

(c) at the time the act or omission results in, or is reasonably capable of resulting in, the representation, the entity is not included in the list of fast small business payers.

Civil penalty: 200 penalty units.

(5) Schedule 1, item 72, page 50 (at the end of the table), add:

I commend these amendments to the chamber.