The Government of Papua New Guinea with assistance from the ADB Legal Team has already drafted a Public Private Partnership Bill (PPP Bill). The purpose of this Bill is to provide for the procurement and delivery of infrastructure facilities and services through public private partnership arrangements. The PPP Bill has several functions, which include but are not limited to:
• confirmation that State authorities have the statutory powers to enter into new procurement arrangements. These powers supplement the existing powers of State authorities under relevant existing legislation. Traditional public procurement or out-sourcing under contracting out arrangements for periods of less than five years are not covered in the PPP Bill;
• provision for State authorities to form companies and to enter into joint ventures for the purpose of a public private partnership, including giving State authorities the legal capacity necessary to contract direct agreements with the private financiers of public private partnerships;
• provision that the functions of a State Authority may be conferred under the public private partnership arrangement to the private sector, subject to the general control of the State Authority; and
• provision for reporting, accountability and transparency in implementing the PPP program and managing the PPP Centre.
This Bill will serve as the legal framework for the PPP Centre. The draft Bill is currently with the PNG State Solicitor's Office for review and comments.