Bayly Andrew; Andersen GinnyANDREW BAYLY (National—Port Waikato): I'm just wanting to give the Minister every opportunity to stand up so I will yield at the earliest opportunity. Still looking at it—OK well let's carry on. I note a reference to the definitions in the interpretation clause; the reference to the payment threshold test—and this is quite a genuine point. In the Minister's Supplementary Order Paper (SOP) 363 I see that she has proposed in clause 10 (1B)—I know this is the next part but I think it's relevant to this what I'm about to say—CHAIRPERSON (Hon Jacqui Dean): Order! Order! SOP 363?ANDREW BAYLY: Yes.CHAIRPERSON (Hon Jacqui Dean): I'm not sure that's in Part 1.ANDREW BAYLY: I must have an old version.CHAIRPERSON (Hon Jacqui Dean): Hang on.ANDREW BAYLY (National—Port Waikato): But we have got a—have I got the correct number?Hon Member: Have you got the older version there?ANDREW BAYLY: Maybe not.Hon Member: That's been updated.Chlöe Swarbrick: Do you want to sit down and I help you?ANDREW BAYLY: Do you want to stand up and give a contribution?Chlöe Swarbrick: Or I'll stand up.CHAIRPERSON (Hon Jacqui Dean): Order! I'm just trying to clarify things for the committee. So the member was referring to clause 10?ANDREW BAYLY: Yes but it's 363 isn't it.Member: It's in under the SOP.ANDREW BAYLY: Yes as I said—and the reason as I was quite careful to say in clause 10 in SOP 363 we've got this proposed change to talk about both invoice" and "payment" and I am now wondering whether in fact coming back into Part 1 on which we were focused where we talk about a "payment threshold test" in 8A—and I'm looking at officials here—whether we might in fact actually also be thinking about both invoice and payment thresholds because there is a difference that is deliberately introduced in the SOP and I'm wondering whether in fact we should now replicate that in the definitional part of Part 1 of this bill. It would be interesting to see whether the officials have a view on that. In the meantime you might have the opportunity to respond to some of our other questions. Hon GINNY ANDERSEN (Minister for Small Business): Thank you Madam Chair. So there's a number of points being made. The question around the meaning of carrying on business; that is set out in the Companies Act 1993. So for the purpose of that Part reference to an overseas company carrying on business in New Zealand includes a reference to the overseas company it lists under provisions (a) and (b) 10 different specific areas that can be found in the Companies Act. So that's laid out that question in relation to the meaning of "carrying on business". It specifies there—I'm not going to read it out; it would take ages—so it's specified already in legislation. In terms of the next question. The one you just mentioned now was the Government Supplementary Order Paper (SOP) clarifies the wording of clause 10(2)—I'm not sure that is in Part 1 but I will answer it. I think we should probably be doing the bill as a whole but never mind. To make it clear that if reporting entities need to report on how many invoices they pay late they should also be able to set disputed invoices aside from this count and so that's what clause 10(2) of the SOP does—it enables them to be reported on separately—and the proposed wording change will remove the uncertainty as to the legal interpretation of this clause but it doesn't change its purpose. The other point that I think the member made was it also enables a definition of "invoice" to be included in the regulations. Businesses did tell us that they want a clear definition of "invoice" to be included so that they would be sure what is in and what is effectively out. That definition may well need to adapt and change over time and therefore the best way forward would be to put that in the regulations. The provision will sit in clause 10 which requires payment practice information to be defined within those regulations. I did have another point that I had out. It may have been—no I've lost it sorry there was a lot in there.CHAIRPERSON (Hon Jacqui Dean): Just before I take the next call just to clarify for the member that clause 10 is in Part 2 so the member can—and any member in fact can prosecute that but when we get to Part 2. So Chlöe Swarbrick."