Reporting in Parliament - Domestic Acquisitions by Agreement
- When an interest which is not available in the market under section 40 of the LAA is acquired by agreement, the LAA requires the Finance Minister to table a statement in both Houses of Parliament detailing the nature of acquisitions by agreement by an acquiring authority within 15 sitting days of the agreement being entered into (see section 40(3) of the LAA).
- The statement must describe:
- the interest;
- the situation of the land;
- the price at which the interest is being, or has been, acquired; and
- the public purpose for which the interest is being, or has been, acquired.
- Acquiring authorities are responsible for ensuring that applicable acquisitions are reported to Finance in a timely manner, in order for the Finance Minister to meet the 15 sitting day timeframe for tabling.
- Entities should develop a statement covering the points listed in paragraph 134 above and provide to Finance at LAA@finance.gov.au for tabling.
Reporting in Parliament - Overseas Acquisitions by Agreement
- As detailed above, acquiring authorities are required to report their acquisition of an interest in overseas land (See section titled Overseas Land above).
- Entities should report the acquisition of an interest in overseas land to Finance at LAA@finance.gov.au. Following the receipt of reports, Finance will arrange tabling of a statement of overseas acquisitions in both Houses of Parliament. Acquiring authorities are responsible for ensuring that acquisitions are reported to Finance in a timely manner in order to support the 15 sitting day timeframe in the LAA.
Reporting to Finance
- Delegated officials are required to submit a statement to Finance within 14 days of exercising a delegation under the LAA (see the Finance Minister’s directions under section 8 of the LAA Delegations).
- Exercise of delegations can be reported to Finance in two ways depending on the nature of the transaction:
- either through the use of a LAA Forms for Acquisition (A), Lease (L) or Disposal (D) available on request from LAA@finance.gov.au; or
- through the Report of exercise of delegated powers under the Lands Acquisition Act 1989 located under Tools and Templates in the right hand menu.
- The forms set out above are the approved forms for the purposes of section 8(3) of the Delegations.
- Once completed, the appropriate form or LAA Delegation Spreadsheet must be returned to Finance via email (LAA@finance.gov.au) for delegate authorisation and registration purposes.
- Acquiring authorities that are unsure about their reporting obligations or require access to the LAA Form A, L or D should contact LAA@finance.gov.au for advice.
Australian Government Property Register (AGPR)
- The Australian Government Property Register (AGPR) collects information about leased and owned Commonwealth land and property. This data assists Finance and NCEs to identify opportunities to adopt best practice, progressively improve the management of property, achieve efficiencies, and inform whole of government property decision making.
- Once an acquisition or disposal has taken effect, NCEs must report the acquisition or disposal to Finance through the AGPR. The requirements for reporting all acquisitions, disposals or leases on Commonwealth owned land are contained in the CPMF. This includes:
- For acquisition or disposal of land, the details collected are generally around the land parcel, and acquisition/disposal details of the property. Entities will be reminded to update their data annually, generally as part of an update for mirror tax purposes.
- For office accommodation leases by Commonwealth entities, the information required is set out in the Data Collection Manual. Entities and their PSPs can update this information in the AGPR at any time and do not need to wait until the formal collection.
- Details of information to be reported in the AGPR are contained in the most recent Collection Manual. Finance can provide a copy of this upon request. NCEs, and Property Service Providers (PSPs) where applicable, must contribute to the AGPR, in addition to the accountability and transparency requirements of Section 7 of the CPRs (see CPRs). See CPMF for more information.
- For assistance, with the AGPR please contact email@example.com.
- AusTender, the Australian Government’s procurement information system, is a centralised web-based facility that publishes a range of information, including relevant entities’ planned procurements, open tenders and key details of contracts awarded. It also supports secure electronic tendering to deliver integrity and efficiency for relevant entities and potential suppliers.
- Acquisitions (including leases) are considered a procurement and therefore must follow the CPRs, including the reporting requirements on AusTender. While some property procurements may be exempt from Division 2 of the CPRs, these procurements remain subject to the requirements of Division 1 of the CPRs, especially the core principle of value for money and the AusTender reporting requirements.
- Officials from NCEs and prescribed CCEs listed in section 30 of the PGPA Rule 2014 must comply with the CPRs when performing duties related to procurement.
- Contracts resulting from the procurement of goods or services (such as valuations and including ‘real property’) are to be reported on AusTender. Reporting must occur within 42 days of entering (or amending) a contract, if valued at or above the reporting threshold (see the CPRs for threshold requirements).
- For more information on AusTender reporting please see Procurement Publishing and Reporting Obligations (RMG 423).