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Legislative Assembly for the ACT: 2000 Week 12 Hansard (7 December) . . Page.. 3807..


(a) the public accounts committee of the Legislative Assembly; or

(b) another Legislative Assembly committee nominated by the Speaker for the purpose, from time to time.".

I note that Mr Moore's amendment inserting a new clause 7A picks up the provision from his own bill that government agencies should provide the Auditor - General with a copy of any contract containing a confidentiality clause. That is fine. However, Mr Moore's amendments have not transferred the next clause in his bill, which relates to the Assembly being informed of confidentiality clauses. Mr Moore proposed in his bill that the Auditor - General immediately provide a copy of these contracts to an Assembly committee, presumably the Finance and Public Administration Committee in its role as public accounts committee. The round table meeting discussed this point, and I understand that the general feeling was that this might be a bit excessive.

However, there was talk of accepting Mr Stanhope's proposal that the Auditor - General provide a six monthly report to the Assembly committee on the contracts he had received. My amendment puts that proposal into the bill. My amendment also provides that the Assembly committee may seek further information on the contract from the government agency, as originally proposed by Mr Moore.

MR MOORE (Minister for Health, Housing and Community Care) (11.02): I am comfortable with the amendment.

Amendment agreed to.

Amendments 8 to 13 (by Mr Moore ), by leave, taken together and agreed to:

Nos 8 to 13 -

New clause -

Page 5, line 2, before clause 9 insert the following new clause in the Bill:

"8A  Notice of Act to other parties

If a confidentiality clause is proposed during the negotiation of a government contract, the government agency must ensure that the effect of this Act is drawn to the attention of the other party.".

Amendments -

Clause 9, page 5, line 6, paragraph (a), omit "model clause and definition", substitute "model confidentiality clause".

Clause 10, page 5, line 23, subclause (2), omit "may not", substitute "must not".

New clause and new Part -

Page 5, line 32, after clause 10 insert the following new clause and Part in the Bill:

"10A Invalidity of non - complying confidentiality clauses

A confidentiality clause has no effect if -

(a) it does not comply with section 9 (Confidentiality clause in a government contract); or


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