PART 6
-
MISCELLANEOUS
Division 4
-
Other matters
SECTION 57B
57B
REQUIREMENTS FOR REVIEW
Without limiting section
57A
, the review must consider the following:
(a)
whether the operation of this Act is meeting the objects set out in section
3
;
(b)
whether related government policies, including policies relating to electronic invoicing, have improved the payment terms, times and practices of reporting entities in relation to their small business suppliers;
(c)
whether other measures such as mandating one or more maximum periods (the
mandated maximum payment periods
) for the payment of small business invoices by reporting entities would be more effective in improving those payment terms, times and practices.
History
S 57B(1) amended by No 65 of 2024, s 3 and Sch 1 items 82 and 83, by omitting
"
(1)
"
before
"
Without limiting
"
and inserting
"
, times
"
in para (b) and (c), effective 7 September 2024. For application and transitional provisions, see note under s
3
.
57B(2)
(Repealed by No 65 of 2024)
History
S 57B(2) repealed by No 65 of 2024, s 3 and Sch 1 item 84, effective 7 September 2024. For application and transitional provisions, see note under s
3
. S 57B(2) formerly read:
57B(2)
In considering mandated maximum payment periods, the review must consider the following:
(a)
how mandated maximum payment periods could best be implemented, taking into account:
(i)
potential regulatory burdens on reporting entities; and
(ii)
the need to avoid unintended consequences for small businesses;
(b)
the mandated maximum payment periods that would be appropriate to improve payment terms and practices, including:
(i)
whether mandated maximum payment periods of 30 days, 20 days, or 10 days or less would be appropriate; and
(ii)
whether mandated maximum payment periods of 5 days would be appropriate if electronic invoicing were used;
(c)
the impact of sector or industry-specific differences, including how mandated maximum payment periods could be imposed on sectors and industries with differing payment terms and practices;
(d)
the compliance or enforcement arrangements that would be appropriate to support mandated maximum payment periods, including whether a penalty regime should be established for the following purposes:
(i)
to require a reporting entity to pay small business invoices issued to the entity within a specified period, if the entity has a median payment period for small business invoices issued to the entity that is longer than the mandated maximum payment period;
(ii)
to require a reporting entity that has failed to pay a small business invoice issued to the entity within the period specified in the terms of the relevant contract to pay interest on that payment.