Government Procurement Act 2001 (ACT)
Government Procurement Act 2001
A2001-28
Republication No 36
Effective: 9 July 2025
Republication date: 9 July 2025
Last amendment made by A2025‑18
About this republication
The republished law
This is a republication of the Government Procurement Act 2001 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 9 July 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 9 July 2025.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Government Procurement Act 2001
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Dictionary 2
3 Notes 2
4Offences against Act—application of Criminal Code etc 2
Part 1A Important concepts
5 Meaning of procurement 3
6 Meaning of Territory entity 4
7 Probity 5
8 Value for money 5
9 Meaning of procurement contract 6
10 Form of procurement contracts and amendments 7
Part 2 Notifiable contracts and notifiable invoices
Division 2.1 Preliminary
11 Application—pt 2 8
12 Meaning of notifiable contract—pt 2 8
13 Meaning of notifiable invoice—pt 2 9
Division 2.2 Register
14 Keeping of register 10
15 Contents of register 10
Division 2.3 Confidential text in notifiable contracts
16 Meaning of confidential text—pt 2 11
17 Notice of effect of div 2.3 to contracting parties 12
18 Grounds for confidentiality of information 12
19 Model confidentiality clause required for confidential text 15
20 Invalidity of non-complying confidentiality clauses 15
21 Auditor-general’s requests for contracts and information, reporting obligations etc 16
Division 2.4 Other matters
22 Effect of disclosure of confidential text 16
22A Notice of effect of pt 2 to parties issuing invoices 16
22B Effect of other disclosure laws etc 17
22C No liability for complying with pt 2 17
Part 2B Secure local jobs code
Division 2B.1 Application and definitions—pt 2B
22D Application—div 2B.2 18
22E Definitions—pt 2B 19
22F Meaning of territory-funded work—pt 2B 20
Division 2B.2 Requirements for procurement by Territory entities
22G Requirements for procurement—secure local jobs code certificates etc 21
22H Exemption from requirements—secure local jobs code certificates etc 23
Division 2B.3 Secure local jobs code certificates and code
22I Application for secure local jobs code certificate 25
22J Decision on application 25
22K Conditions on secure local jobs code certificate 25
22L Surrender of secure local jobs code certificate 26
22M Secure local jobs code 26
22N Secure local jobs code register 27
22O Approved auditors 27
22P Exemption from code 28
Division 2B.4 Ensuring compliance with code
Subdivision 2B.4.1 Compliance measures
22Q Complaints 28
22R Audits 29
22S Requests for information 30
22SA Suspension etc pending registrar’s decision 31
22T Compliance 31
22U Compliance guidelines 32
Subdivision 2B.4.2 Access to premises
22UA Definitions—sdiv 2B.4.2 32
22UB Authorised people and identity cards 33
22UC Entry to premises 33
22UD Production of identity card 34
22UE Consent to entry 34
22UF General powers on entry to premises 35
22UG Disclosure of information 36
22UH Damage etc to be minimised 37
22UI Protection from liability 37
Division 2B.5 Secure local jobs code registrar
22V Appointment of secure local jobs code registrar 38
22W Functions of registrar 38
22X Ministerial directions to registrar 39
22Y Delegation by registrar 39
Division 2B.6 Secure local jobs code advisory council
22Z Establishment of council 40
22ZA Functions of council 40
22ZB Membership of council 40
22ZC Procedures of council 41
22ZD Review of pt 2B 41
Part 3 Interest on commercial accounts
23 Application—pt 3 42
24 Definitions—pt 3 42
25 Interest on unpaid accounts 42
26 Exclusion of inconsistent contractual terms 43
27 Availability of funds to pay interest 43
Part 4 Government procurement board
28 Government Procurement Board 44
29 Purpose and functions of board 44
30 Recommendations of board 45
31 Ministerial directions to board 46
32 Constitution of board 47
33 Board members—appointment 47
34 Board members—conditions of appointment 47
35 Board members—abuse of position 48
36 Board members—ending appointment 48
Part 5 Notification and review of decisions
37 Meaning of reviewable decision—pt 5 50
38 Reviewable decision notices 50
39 Applications for review 50
40 Applications for review by complainant 50
Part 7 Miscellaneous
41 Amounts inclusive of GST 52
42 Government procurement rules 52
43 Government procurement practices 52
44 Compliance with Act—annual reporting 53
45 Regulation-making power 54
Part 12 Transitional—Government Procurement Amendment Act 2024
105 Instruments under pre-amendment Act and regulation 55
106 Transitional regulations 56
107 Expiry—pt 12 56
Schedule 1 Model confidentiality clause 57
Schedule 2 Reviewable decisions 59
Dictionary62
Endnotes
1 About the endnotes 67
2 Abbreviation key 67
3 Legislation history 68
4 Amendment history 73
5 Earlier republications 90
6 Expired transitional or validating provisions 92
Government Procurement Act 2001
An Act about procurement by Territory entities for the Territory, and for other purposes
Part 1Preliminary
Name of Act
This Act is the Government Procurement Act 2001.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain words and expressions used in this Act, and includes references (signpost definitions) to other words and expressions defined elsewhere in this Act.
For example, the signpost definition ‘Territory entity—see section 6.’ means that the expression ‘Territory entity’ is defined in that section.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee Legislation Act 2001, s 127 (1), (4) and (5) for the legal status of notes.
Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
Part 1AImportant concepts
Meaning of procurement
(1)In this Act:
procurement—
(a)means the process by which a Territory entity—
(i)acquires goods or services by any contractual means, including purchase, lease or rent (with or without an option to buy), or exchange; or
(ii)deals in any legal or equitable estate or interest in land or deals in a right, power or privilege over, or in relation to, land as a sublease or licence over land, or part of land, in which the Territory or the Territory entity is the sublessee or licensee; and
(b)includes the process by which a Territory entity disposes of goods by any contractual means, including sale.
NoteInterest, in relation to land—see the Legislation Act, dictionary, pt 1.
(2)Also, procurement includes a procurement by—
(a)a Territory entity acting solely on behalf of another entity; or
(b)another entity acting solely on behalf of a Territory entity.
Example—par (a)
Canberra Institute of Technology acting solely on behalf of CIT Solutions
(3)However, procurement does not include—
(a)acquiring goods or services for—
(i)resale; or
(ii)use in the production of goods for resale; or
(b)an acquisition of goods or services by a Territory entity from another Territory entity; or
(c)a dealing mentioned in subsection (1), definition of procurement, paragraph (a) (ii) between Territory entities; or
(d)a dealing in any legal or equitable estate or interest in land or a dealing in a right, power or privilege over, or in relation to, land other than as mentioned in subsection (1), definition of procurement, paragraph (a) (ii).
Examples—par (d)
1the grant of a lease or licence of land under the Planning Act 2023
2the purchase of land by the Territory or a Territory entity
3the grant of a sublease or licence by the Territory or a Territory entity as sublessor or licensor
(4)A regulation may prescribe that something is, or is not, procurement for this Act.
(5)In this section:
sublease includes an underlease.
Meaning of Territory entity
(1)In this Act:
Territory entity means—
(a)a directorate; or
(b)the Office of the Legislative Assembly; or
(c)an officer of the Assembly; or
(d)a territory authority or any other entity prescribed by regulation.
(2)However, Territory entity does not include an entity prescribed by regulation not to be a Territory entity.
Probity
(1)In undertaking a procurement, a Territory entity must ensure that the procurement is undertaken with probity.
(2)For this Act, a procurement undertaken by a Territory entity is undertaken with probity if—
(a)the Territory entity’s behaviour is ethical and there is evidence of this behaviour; and
(b)the procurement is undertaken with integrity, uprightness and honesty.
Value for money
(1)For this Act, value for money, in relation to a procurement, means the best available outcome for the procurement that maximises the overall benefit to the Territory.
(2)Any decisions made or functions exercised in relation to the following must achieve value for money:
(a)selecting an entity to supply goods or services;
(b)authorising, or committing the Territory to, the expenditure of any money;
(c)entering into a procurement contract for the procurement;
(d)spending any money;
(e)amending a procurement contract;
(f)anything else prescribed by regulation.
(3)To achieve value for money, the responsible chief executive officer for a Territory entity must be satisfied that the decision or exercise of the function—
(a)uses public resources in an efficient and effective manner; and
(b)manages any risks appropriately; and
(c)is undertaken by the Territory entity with probity; and
(d)complies with this Act, including any direction about government procurement practices given by the Minister under section 43.
Example—par (d)
a direction to consider a charter of procurement values in undertaking a procurement
NoteA direction is a notifiable instrument, see s 43.
(4)A regulation may prescribe any other matter the responsible chief executive officer for a Territory entity must be satisfied of or take into account to achieve value for money.
(5)Any decision made under subsection (3) in relation to achieving value for money must be recorded in writing as soon as practicable after making the decision.
(6)In particular, the written record must include the matters mentioned in subsections (3) and (4) of which the responsible chief executive officer was satisfied or took into account.
NoteUnder the Financial Management Act 1996, s 31A (1), the responsible director-general of a directorate may enter into, vary and administer a contract relating to the operations of the directorate if the director-general acts in accordance with that Act, s 31. Under s 31 (1), the responsible director-general of a directorate is accountable for the efficient and effective financial management of the public resources for which the directorate is responsible.
Meaning of procurement contract
In this Act:
procurement contract—
(a)means a contract entered into by a Territory entity and another entity for procurement under this Act; and
(b)includes a document prescribed by regulation.
NoteContract includes a contract as amended (see dict).
Form of procurement contracts and amendments
A procurement contract, including any amendment of the contract, must be in writing.
Part 2Notifiable contracts and notifiable invoices
Division 2.1 Preliminary
Application—pt 2
(1)To remove any doubt, this part applies in relation to a procurement contract entered into by—
(a)a Territory entity with an excluded body; or
(b)an excluded body acting on behalf of a Territory entity with another excluded body.
Example
The Territory represented by a Territory entity enters into a procurement contract with a territory-owned corporation. The Territory entity, but not the territory-owned corporation, is required to notify the contract under this part.
(2)In this section:
excluded body means a body that is not a Territory entity.
Meaning of notifiable contract—pt 2
(1)In this part:
notifiable contract—
(a)means a procurement contract with a total consideration, or estimated total consideration, of at least the amount mentioned in subsection (2) (the consideration amount); and
NoteContract includes a contract as amended (see dict).
(b)includes—
(i)a standing-offer arrangement; and
(ii)a contract entered into under a standing-offer arrangement; but
Examples—par (ii)
an order or a work order
(c)does not include a procurement contract of a kind prescribed by regulation.
(2)For this section, the consideration amount is—
(a)for a standing-offer arrangement—any amount; or
(b)for any other procurement contract (including a contract entered into under a standing-offer arrangement)—the amount prescribed by regulation.
Meaning of notifiable invoice—pt 2
In this part:
notifiable invoice—
(a)means an invoice for—
(i)goods or services procured by, or provided to, a Territory entity under a procurement contract payable by a responsible Territory entity; and
(ii)the amount prescribed by regulation or more; and
(b)includes an invoice for reimbursement of costs payable by a responsible Territory entity for the goods or services provided by a contractor in the course of carrying out the contractor’s work for a Territory entity; but
Example
the cost of flights to Canberra, and accommodation in Canberra, for the contractor to inspect works
(c)does not include an invoice—
(i)for goods or services provided by a Territory entity; or
(ii)prescribed by regulation.
Division 2.2 Register
Keeping of register
(1)The director-general must keep a register of notifiable contracts and notifiable invoices (the register).
(2)The register must be kept electronically.
Example—how register may be kept
The register may be kept in the form of, or as part of, 1 or more computer databases, and may include data compiled electronically from the databases.
(3)The director-general may correct any mistake, error or omission in the register, subject to any requirements prescribed by regulation.
NoteThe responsible Territory entity for a notifiable contract or a notifiable invoice must enter into the register any information prescribed for s 15 for the contract or invoice and, if the information changes, update the information in the register (see regulation, s 12C).
Contents of register
(1)A regulation may prescribe information that must be included in the register for each notifiable contract and each notifiable invoice.
(2)The register may include anything else the director‑general considers appropriate.
Example
information about and links to contracts that are not notifiable contracts
(3)If any part of a notifiable contract to which a notifiable invoice relates is confidential text, any entry in the register for the invoice must not contain any information that would disclose the confidential text, other than as provided in the confidentiality clause included in the contract.
(4)A regulation may prescribe the way in which documents are to be entered in the register.
Example—s (4)
requiring a document to be in portable document format or in rich text format
Division 2.3 Confidential text in notifiable contracts
Meaning of confidential text—pt 2
(1)In this part:
confidential text, of a notifiable contract—
(a)means that part of the notifiable contract that a party to the contract (including the Territory entity) is required to keep confidential under—
(i)a provision of any contract that requires a party to the notifiable contract to keep any part of the notifiable contract confidential; or
(ii)any other requirement imposed by law that has the effect of requiring a party to the notifiable contract to keep any part of the notifiable contract confidential; and
(b)includes any personal information about a person.
NoteThe Territory privacy principles apply to a Territory entity (see Information Privacy Act 2014 , sch 1).
(2)All text in the following notifiable contracts is taken to be confidential text:
(a)a notifiable contract that relates to the provision of legal services;
(b)a notifiable contract for the employment of an individual.
(3)In this section:
personal information—see the Information Privacy Act 2014, section 8.
Notice of effect of div 2.3 to contracting parties
(1)This section applies in relation to a proposed notifiable contract if—
(a)a party to the contract (including the Territory entity), proposes that any part of the contract be confidential text; or
(b)any part of the contract will be confidential text because of a requirement imposed by law that requires a party to the contract to keep the part confidential.
(2)The responsible Territory entity for the notifiable contract must ensure that this division is drawn to the attention of all the proposed parties to the contract (other than a Territory entity).
Grounds for confidentiality of information
(1)Any part of the text of a notifiable contract will be confidential text if a requirement imposed by law requires a party to the contract to keep the text confidential.
Example
a failure to comply with the requirement would create an action for breach of confidence
(2)The responsible Territory entity for a notifiable contract to which section 17 applies must not—
(a)propose that any part of the text of the contract be confidential text unless reasonably satisfied that any disclosure of the text—
(i)would cause unreasonable detriment to the Territory or another party to the contract; or
(ii)may put personal or public safety, or the security of the Territory, at risk; or
Examples
1construction plans for a correctional facility or law enforcement facility
2information about design, construction or operation of major infrastructure or public works
(iii)would have a significant adverse effect on the financial, legal or property interests of the Territory or a Territory entity; or
(iv)would unreasonably constrain the development or consideration of policy alternatives by the Territory; or
(v)would disclose information prescribed by regulation for this section; or
(b)agree to any part of the text of the contract being confidential text unless reasonably satisfied that any disclosure of the text would—
(i)disclose a trade secret; or
Example
intellectual property, including software source codes
(ii)disclose an artistic, literary or cultural secret; or
Examples
1details about a photographic shoot
2text of an historic manuscript
3a secret indigenous cultural practice
(iii)disclose information (other than a trade, artistic, literary or cultural secret) having a commercial value that would be, or could reasonably be expected to be, destroyed or diminished if the information were disclosed; or
Example
information on the design and operation of goods
(iv)be an unreasonable disclosure of information about internal costings or profit margins; or
Examples
1hourly rates, on-costs and management fees
2individual components of the contract’s total consideration
(v)disclose information that may put personal or public safety, or the security of the Territory, at risk; or
(vi)disclose information prescribed by regulation for this section.
(3)Also, the responsible Territory entity for the notifiable contract must not propose that any part of the text of the contract be confidential text, or agree to any part of the text of the contract being confidential text, if—
(a)the substance of the information to which the text relates is public knowledge; or
(b)the effect of the proposal or agreement—
(i)would be to inappropriately restrict a Territory entity in the management or use of Territory assets; or
(ii)would not be in the public interest; or
(iii)would be to require the obligation of confidentiality to apply for longer than is reasonably necessary to protect the interest to which it relates.
(4)If the responsible Territory entity for the notifiable contract agrees to a part of the text of the contract being confidential text, it must be noted in the contract that the text is confidential text.
(5)The responsible Territory entity for the notifiable contract may delegate the Territory entity’s functions under this section to a public employee.
Model confidentiality clause required for confidential text
(1)The text of a notifiable contract must not be made confidential text unless—
(a)a confidentiality clause that incorporates the substance of the model confidentiality clause, as far as is applicable, is included in the contract; and
(b)the confidentiality clause does not limit disclosure of information to a greater extent than provided in the model confidentiality clause.
(2)In this section:
model confidentiality clause means the model confidentiality clause set out in schedule 1.
Invalidity of non-complying confidentiality clauses
Any confidentiality clause in, or applying to, a notifiable contract is void if the clause—
(a)was included in the contract in contravention of section 18; or
(b)does not comply with section 19.
Auditor-general’s requests for contracts and information, reporting obligations etc
(1)The responsible Territory entity for a notifiable contract that contains confidential text must, if requested by the auditor-general, give the auditor-general—
(a)a copy of the contract; and
(b)any other contract or information requested.
(2)If the auditor-general requests a copy of a notifiable contract that contains confidential text, the auditor-general must report to the relevant Assembly committee on whether the auditor-general is satisfied that confidential text in the contract complies with section 18 (1) or (2).
(3)In this section:
confidential text includes text that purports to be confidential text.
Division 2.4 Other matters
Effect of disclosure of confidential text
If confidential text, or information about confidential text, is disclosed under this part, the disclosure does not affect the continuing force of the obligation of confidence.
22ANotice of effect of pt 2 to parties issuing invoices
The responsible Territory entity for the payment of a proposed notifiable invoice must ensure that this part is drawn to the attention of parties intending to provide a good or service for which an invoice is to be raised.
22BEffect of other disclosure laws etc
This part does not—
(a)affect any other law applying in the ACT about the disclosure of documents or information; or
(b)prevent responsible Territory entities from making available information about, or the text of, a notifiable contract or a notifiable invoice otherwise than as required by this part if any agency is required under law to do so or can otherwise properly do so.
Note 1The Freedom of Information Act 2016 and the Territory Records Act 2002 provide for how government information and Territory records may be accessed.
Note 2The Territory privacy principles under the Information Privacy Act 2014, sch 1 provide for the disclosure of personal information in certain circumstances.
22CNo liability for complying with pt 2
The Territory or a Territory entity is not civilly liable to any of the following, or to anyone else, for anything done honestly under this part:
(a)an entity that is a party to a notifiable contract;
(b)an entity issuing a notifiable invoice.
Part 2BSecure local jobs code
Division 2B.1 Application and definitions—pt 2B
22DApplication—div 2B.2
(1)This section applies to a procurement by a Territory entity if the Territory entity receives a quote, tender or other response in relation to the procurement from any of the following (a tenderer):
(a)the Commonwealth or a State;
(b)an entity of the Commonwealth or a State;
(c)a territory-owned corporation;
(d)a territory authority that is not a Territory entity;
(e)a territory instrumentality.
Example
a procurement of police services for the Territory from the Australian Federal Police
(2)The requirements for a procurement under division 2B.2 do not apply to the following in relation to the procurement:
(a)the Territory entity;
(b)the tenderer.
(3)In this section:
entity of the Commonwealth or a State means an entity of the Commonwealth or a State that exercises functions that correspond, or substantially correspond, to the functions of—
(a)an entity mentioned in section 6 (1), definition of Territory entity; or
(b)a territory-owned corporation; or
(c)a territory authority that is not a Territory entity; or
(d)a territory instrumentality.
NoteState includes the Northern Territory (see Legislation Act, dict, pt 1).
22EDefinitions—pt 2B
In this part:
approved auditor—see section 22O.
audit guidelines means the guidelines made by the Minister under section 22U (1) (a).
code means the secure local jobs code.
council means the Secure Local Jobs Code Advisory Council established under section 22Z.
registrar means the secure local jobs code registrar appointed under section 22V.
secure local jobs code—see section 22M.
secure local jobs code certificate means a certificate granted to an entity under section 22J.
secure local jobs code register—see section 22N.
territory-funded work—see section 22F.
workplace standards, of an entity, means the obligations and practices of the entity associated with the entity’s workplaces, including in relation to the following:
(a)collective bargaining;
(b)freedom of association;
(c)health and safety;
(d)human rights;
(e)inductions;
(f)leave;
(g)tax and superannuation;
(h)training;
(i)workers compensation;
(j)workplace delegates of unions.
22FMeaning of territory-funded work—pt 2B
(1)In this part:
territory-funded work means services that are for a Territory entity and are any of the following:
(a)services that—
(i)are primarily for labour (other than excluded services); and
(ii)have an estimated value equal to or greater than an amount prescribed by regulation;
(b)services that are primarily for construction work (other than excluded services);
(c)services that are primarily for any of the following:
(i)building or other industrial cleaning services within the meaning of the ANZSIC, Class 7311, Building and Other Industrial Cleaning Services;
(ii)traffic control services to redirect vehicles around a temporary disruption to a public road for the purpose of ensuring safety to workers or the public;
(iii)security services by a person who carries on a security activity within the meaning of the Security Industry Act 2003, section 7.
(2)The Legislation Act, section 47 (3) and (6) does not apply to the ANZSIC applied, adopted or incorporated in a regulation under this section.
NoteThe ANZSIC does not need to be notified under the Legislation Act because s 47 (6) does not apply (see Legislation Act, s 47 (7)). The ANZSIC is available free of charge at
(3)In this section:
ANZSIC means the Australian and New Zealand Standard Industrial Classification 2006 as in force from time to time.
excluded services means services prescribed by regulation.
Division 2B.2 Requirements for procurement by Territory entities
22GRequirements for procurement—secure local jobs code certificates etc
(1)A Territory entity must not accept a response in relation to a procurement for territory-funded work from a tenderer unless the tenderer—
(a)holds a secure local jobs code certificate and any conditions on the certificate are appropriate for the procurement; and
(b)if the tenderer is required under subsection (2) to submit a labour relations, training and workplace equity plan—submits the plan.
(2)For subsection (1) (b), a tenderer is required to submit a labour relations, training and workplace equity plan if—
(a)for territory-funded work mentioned in section 22F (1), definition of territory-funded work, paragraphs (a) and (b)—the procurement has an estimated value of—
(i)$200 000 or more; or
(ii)if another value is prescribed by regulation—the prescribed value; or
(b)for territory-funded work mentioned in section 22F (1), definition of territory-funded work, paragraph (c)—the procurement has an estimated value of—
(i)$25 000 or more; or
(ii)if another value is prescribed by regulation—the prescribed value.
(3)A Territory entity must consider a labour relations, training and workplace equity plan submitted by a tenderer under subsection (1) (b) when assessing responses in relation to a procurement.
(4)A Territory entity must not enter into a procurement contract for territory-funded work with another entity unless—
(a)the other entity holds a secure local jobs code certificate and any conditions on the certificate are appropriate for the procurement; and
(b)the contract includes terms that incorporate, as far as applicable, the substance of any model terms determined under subsection (5).
(5)The Minister may determine model terms for incorporation into procurement contracts for territory-funded work that relate to the requirements of this part or the code.
Examples—model terms
1 contractor must hold a secure local jobs code certificate for the duration of the contract
2 contractor must tell the Territory about any adverse ruling that is made against the contractor and that relates to the code
3 contractor must carry out staff inductions
4 contractor must allow registrar to enter workplaces to carry out educational activities regarding the code
5 contractor must allow approved auditors to enter workplaces to examine compliance with the code
6 contractor must provide contact details and working hours for workplaces
(6)A determination under subsection (5) is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
(7)In this section:
labour relations, training and workplace equity plan means a plan made by a tenderer that—
(a)relates to the tenderer’s, and any subcontractor’s, workplaces in relation to workplace standards, diversity and equity; and
(b)complies with any requirements prescribed by regulation.
22HExemption from requirements—secure local jobs code certificates etc
(1)The responsible chief executive officer for a Territory entity may exempt the entity from the requirements under section 22G for a procurement—
(a)if it is for emergency works—
(i)to critical services that have been disrupted; or
(ii)to prevent an imminent danger to health and safety; and
(b)the requirements mentioned in section 22G cannot be complied with because of the emergency.
(2)The responsible chief executive officer must notify the registrar and the council of the exemption within 7 days after granting the exemption.
(3)The registrar may exempt a Territory entity from 1 or more of the requirements under section 22G for a procurement if the registrar considers there is no suitable entity available at a reasonable cost to tender or contract for the procurement that would enable the requirements to be met.
(4)The registrar must notify the council of the exemption within 7 days after granting the exemption.
(5)An exemption under this section must be in writing.
Division 2B.3 Secure local jobs code certificates and code
22IApplication for secure local jobs code certificate
(1)An entity may apply to the registrar for a secure local jobs code certificate.
(2)The application must—
(a)include a current report from an approved auditor stating that the entity meets the requirements mentioned in the code; and
(b)comply with any requirements prescribed by regulation.
(3)A report mentioned in subsection (2) (a) must be in accordance with the audit guidelines.
22JDecision on application
(1)The registrar may grant a secure local jobs code certificate to an applicant if satisfied that the applicant—
(a)is not prohibited from applying for a certificate under section 22T; and
(b)meets the requirements mentioned in the code.
(2)The registrar may grant a certificate under subsection (1) for up to 30 months.
22KConditions on secure local jobs code certificate
(1)A secure local jobs code certificate is subject to any conditions—
(a)prescribed by regulation; or
(b)imposed by the registrar.
(2)The registrar may amend or remove any conditions imposed under subsection (1) (b).
22LSurrender of secure local jobs code certificate
(1)An entity that holds a secure local jobs code certificate may surrender the entity’s certificate to the registrar by notifying the registrar in writing.
(2)However, an entity may surrender a certificate only if it is not required to hold the certificate under a procurement contract with a Territory entity.
(3)The registrar may request information from a Territory entity to enable the registrar to decide whether the entity that holds a secure local jobs code certificate is required to do so under a procurement contract with the Territory entity.
(4)A Territory entity must give the registrar the information requested under subsection (3).
22MSecure local jobs code
(1)The Minister may make a code (the secure local jobs code) that sets out workplace standards and related requirements and that applies to an entity that holds a secure local jobs code certificate.
(2)The code may include—
(a)requirements for the entity to give a Territory entity and the registrar—
(i)the names of each of the entity’s subcontractors; and
(ii)physical addresses, working hours, and contact details of a contact person for each of the entity’s work sites, and its subcontractor’s work sites; and
(b)requirements for the entity to ensure that its subcontractors comply with the requirements of the code for territory-funded work as if the subcontractors were the entity; and
(c)any other relevant matters.
(3)The code may also include requirements for the registrar—
(a)to keep records of the details mentioned in subsection (2) (a); and
(b)to grant access to those records on request by an entity for the purpose of allowing the entity to exercise any right of entry the entity has under a law in force in the ACT.
(4)The standards and requirements in the code must not be inconsistent with the Fair Work Act 2009 (Cwlth) or any other Commonwealth law.
(5)The code is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
22NSecure local jobs code register
(1)The registrar must keep a register (the secure local jobs code register) that lists the following:
(a)the names of entities that hold secure local jobs code certificates and any conditions or exemptions on the certificates;
(b)any action taken by the registrar under section 22T;
(c)any other details prescribed by regulation.
(2)The register must be accessible and searchable by the public.
22OApproved auditors
(1)The registrar may approve an entity to be an auditor for this part (an approved auditor).
(2)The registrar must not approve an entity under subsection (1) unless satisfied that—
(a)the entity has appropriate qualifications and experience to enable the entity to exercise the functions of an approved auditor under this part, including to conduct audits to check compliance with the requirements in the code; and
(b)the approval is in accordance with the audit guidelines.
(3)The registrar must revoke the approval of an auditor if satisfied that the auditor no longer meets the requirements under subsection (2).
(4)The registrar must prepare and maintain a publicly-available list of approved auditors.
22PExemption from code
The registrar may, on application by an entity, exempt the entity from a requirement of the code if the entity satisfies the registrar that complying with the requirement would result in the entity not complying with a Commonwealth law.
Division 2B.4 Ensuring compliance with code
Subdivision 2B.4.1 Compliance measures
22QComplaints
(1)Anyone who believes on reasonable grounds that an entity that holds a secure local jobs code certificate has failed to comply with the code may make a complaint about the entity to the registrar.
(2)A complaint must—
(a)be in writing; and
(b)comply with any guidelines made under section 22U (1) (b).
(3)If a complaint also concerns a failure to comply with a law other than this Act, the registrar may—
(a)tell the complainant that they may make the complaint to the authority responsible for administering the law; or
(b)refer the complaint to that authority.
(4)The registrar must not take further action on a complaint if satisfied that the complaint—
(a)lacks substance; or
(b)is frivolous, vexatious or was not made in good faith; or
(c)has been adequately dealt with.
(5)The registrar must—
(a)if the registrar decides to take no action on a complaint—tell the complainant about the registrar’s decision within 14 days after making the decision; and
(b)if the registrar is satisfied that an entity the subject of the complaint has failed to comply with the code—tell the complainant about what action under section 22T (1) (a) to (e) the registrar has taken against the entity the subject of the complaint within 14 days after taking the action.
(6)Subsections (3) (a) and (5) do not apply if the complaint is made anonymously.
22RAudits
(1)The registrar may appoint an approved auditor to conduct an audit of an entity that holds a secure local jobs code certificate if—
(a)a complaint about the entity has been made under section 22Q; or
(b)the registrar has reasonable grounds to suspect the entity has failed to comply with the code.
(2)The approved auditor must conduct an audit and give a report about whether the entity meets the requirements under the code to the registrar.
(3)The audit and report must be in accordance with the audit guidelines.
22SRequests for information
(1)The registrar may make a written request for relevant information from an entity that holds a secure local jobs code certificate in any of the following circumstances:
(a)the registrar is considering imposing a condition under section 22K on the entity’s certificate;
(b)the registrar has received a complaint under section 22Q about the entity;
(c)the registrar has appointed an auditor under section 22R (1) to audit the entity;
(d)the registrar is considering a notification the registrar has received under section 22L;
(e)the registrar is reviewing or considering the entity’s compliance with the code.
(2)The request must be in accordance with any guidelines made by the Minister under section 22U (1) (c).
(3)An entity that holds a secure local jobs code certificate must comply with a request for information under subsection (1) within 7 days after the day of the request or within a longer time allowed by the registrar.
(4)If an entity fails to comply with a request under subsection (1), the registrar may take an action mentioned in section 22T (1) (a) to (e) against the entity.
22SASuspension etc pending registrar’s decision
(1)This section applies if the registrar has reasonable grounds to suspect that an entity that holds a secure local jobs code certificate may have failed to comply with the code.
(2)The registrar may, for a stated reasonable period—
(a)suspend the entity’s certificate; or
(b)impose or amend conditions on the entity’s certificate.
22TCompliance
(1)If the registrar is satisfied that an entity that holds a secure local jobs code certificate has failed to comply with the code, the registrar may do any of the following:
(a)take no action;
(b)cancel the entity’s secure local jobs code certificate immediately or from a stated date;
(c)suspend the entity’s secure local jobs code certificate;
(d)prohibit the entity from applying for a secure local jobs code certificate for a period of up to 12 months;
(e)impose or amend conditions on the entity’s secure local jobs code certificate.
(2)In deciding whether there has been a failure to comply with the code or whether to take any action under subsection (1), the registrar must take into account any of the following:
(a)an audit report under section 22R;
(b)any relevant information from an authority mentioned in section 22Q (3);
(c)any relevant information referred to in section 22S (1);
(d)any information, document or other thing obtained under subdivision 2B.4.2 (Access to premises).
22UCompliance guidelines
(1)The Minister may make guidelines about any of the following:
(a)matters relating to audits, including the following:
(i)approval of auditors;
(ii)appointment and allocation of auditors;
(iii)the conduct of audits;
(iv)the content of audit reports;
(b)the making and handling of complaints about noncompliance with the code;
(c)requests for information under section 22S;
(d)an authorised person’s access to premises under subdivision 2B.4.2.
(2)A guideline is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Subdivision 2B.4.2 Access to premises
22UADefinitions—sdiv 2B.4.2
In this subdivision:
authorised person means a person appointed under section 22UB.
occupier, of premises, means a person having the management or control, or otherwise being in charge, of the premises.
premises means any place at which an entity that holds a secure local jobs code certificate—
(a)carries out territory-funded work, including administrative work; or
(b)keeps records that relate to the territory-funded work.
22UBAuthorised people and identity cards
(1)The registrar may appoint a public servant as an authorised person for this subdivision.
NoteFor laws about appointments, see the Legislation Act, pt 19.3.
(2)The registrar must give an authorised person an identity card that states the person’s name and appointment as an authorised person.
(3)The identity card must show—
(a)a recent photograph of the person; and
(b)the card’s date of issue and expiry; and
(c)anything else prescribed by regulation.
22UCEntry to premises
(1)For this division, an authorised person may—
(a)at any reasonable time, enter premises that the public is entitled to use or that are open to the public; or
(b)at any time, enter premises with the occupier’s consent; or
(c)at any time, enter premises if the registrar suspects on reasonable grounds that—
(i)an entity has failed to comply with its obligations under the code; and
(ii)immediate entry to the premises is necessary to investigate if the entity has failed to comply.
(2)However, subsection (1) (a) and (c) does not authorise entry into premises, or a part of the premises, that are used for residential purposes.
(3)An authorised person may, without the occupier’s consent, enter the land around premises to ask for consent to enter premises.
(4)To remove any doubt, an authorised person may enter premises under subsection (1) without payment of an entry fee or other charge.
22UDProduction of identity card
An authorised person must not remain at premises entered under this subdivision if the authorised person does not show their identity card when asked by the occupier.
22UEConsent to entry
(1)This section applies if an authorised person intends to ask the occupier of premises to consent to the authorised person entering the premises under section 22UC (1) (b).
(2)Before asking for the consent, the authorised person must—
(a)show the occupier the person’s identity card; and
(b)tell the occupier—
(i)the purpose of the entry; and
(ii)that any information, document or other thing obtained under this subdivision may be—
(A)used as evidence for action to be taken under section 22T; or
(B)given to another authority under section 22UG and that authority may use the information, document or other thing as evidence in court; and
(iii)that consent may be refused.
(3)If the occupier consents, the authorised person must ask the occupier to sign a written acknowledgment (an acknowledgment of consent)—
(a)that the occupier was told the matters mentioned in subsection (2) (b); and
(b)that the occupier consents to the entry; and
(c)stating the time and date when consent was given.
(4)If the occupier signs an acknowledgment of consent, the authorised person must, as soon as practicable, give a copy to the occupier.
(5)If information, a document or any other thing obtained under this subdivision is used in a proceeding under a law in force in the Territory, a court must find that an occupier did not consent to entry to premises by an authorised person if—
(a)a question arises, in a proceeding in the court, whether the occupier consented to the entry; and
(b)an acknowledgment of consent for the entry is not produced in evidence; and
(c)it is not proved that the occupier consented to the entry.
22UFGeneral powers on entry to premises
(1)An authorised person who enters premises under this subdivision may, for this division, do 1 or more of the following in relation to the premises or anything at the premises:
(a)inspect or examine;
(b)copy, or take an extract from, any document relating to noncompliance, or suspected noncompliance, with the code by an entity;
(c)take photographs, films, or audio, video or other recordings;
(d)require the occupier, or anyone else at the premises, to give information or answer questions;
(e)require the occupier to produce a document or any other thing (whether the document or other thing is at the premises or elsewhere) that the occupier has, or has access to, reasonably needed to exercise the authorised person’s powers under this subdivision;
NoteIt is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).
(f)require the occupier to give the authorised person copies of documents produced under paragraph (e);
(g)require the occupier to give the authorised person reasonable help (at no cost) to exercise a power under this subdivision.
(2)The registrar may take an action mentioned in
section 22T (1) (a) to (e) against an entity that holds a secure local jobs code certificate if the entity—
(a)fails to comply with a requirement made under subsection (1) (d), (e), (f) or (g); or
(b)obstructs or hinders an authorised person exercising a power under this subdivision.
22UGDisclosure of information
(1)The registrar may give any information, document or other thing obtained under this subdivision to a responsible authority if the registrar considers that—
(a)the information, document or other thing is relevant to the exercise of the functions of the responsible authority; and
(b)the disclosure of the information, document or other thing to the responsible authority is appropriate.
(2)In this section:
responsible authority means an entity responsible for the administration of a workplace law.
workplace law means—
(a)a law of the Commonwealth, a State or the Territory that relates to workplace standards; and
(b)any other law prescribed by regulation.
22UHDamage etc to be minimised
In the exercise, or purported exercise, of a power under this subdivision, an authorised person must take all reasonable steps to ensure that the authorised person causes as little inconvenience, detriment and damage as is practicable.
22UIProtection from liability
(1)An official is not civilly liable for anything done, or omitted to be done, honestly and without recklessness—
(a)in the exercise of a function under this division; or
(b)in the reasonable belief that the act of omission was in the exercise of a function under this division.
(2)Any civil liability that would, apart from this section, attach to the official attaches instead to the Territory.
(3)In this section:
official means—
(a)the registrar; or
(b)an authorised person.
Division 2B.5 Secure local jobs code registrar
22VAppointment of secure local jobs code registrar
(1)The Minister must appoint a public servant as the secure local jobs code registrar.
Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
(2)The registrar must be appointed for a term of not longer than 3 years.
Note 1A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).
Note 2A person’s appointment also ends if the person resigns (see Legislation Act, s 210).
(3)An appointment is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
22WFunctions of registrar
(1)The registrar has the following functions:
(a)to promote an understanding and acceptance of, and compliance with, this part;
(b)to undertake research, and develop educational and other programs, for the purpose of enabling holders of secure local jobs code certificates to comply with the code;
(c)to advise the Minister on any matter relevant to the operation of this part;
(d)to provide secretariat support to the council;
(e)any other function given to the registrar under this Act or another territory law.
NoteA provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).
(2)In exercising the registrar’s functions, the registrar is not subject to direction by the director-general.
22XMinisterial directions to registrar
(1)The Minister may give written directions to the registrar in relation to the exercise of the registrar’s functions.
(2)The registrar must comply with a direction given under subsection (1).
(3)The Minister must present a copy of any direction to the Legislative Assembly within 5 sitting days after the day the direction is given to the registrar.
22YDelegation by registrar
The registrar may delegate the registrar’s functions under this Act to another public servant.
NoteFor the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
Division 2B.6 Secure local jobs code advisory council
22ZEstablishment of council
The Secure Local Jobs Code Advisory Council is established.
22ZAFunctions of council
The council has the following functions:
(a)to advise the Minister about—
(i)matters relating to the operation of this part; and
(ii)anything else in relation to local jobs and procurement by Territory entities requested by the Minister;
(b)any other function given to the council under this Act.
NoteA provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).
22ZBMembership of council
(1)The council consists of—
(a)the registrar; and
(b)3 members appointed by the Minister after consultation with the people or bodies that the Minister considers represent the interests of employees; and
(c)3 other members appointed by the Minister, who the Minister considers have the appropriate qualifications or experience to assist the council to exercise its functions.
NoteFor laws about appointments, see the Legislation Act, pt 19.3.
(2)A person must be appointed to the council for not longer than 3 years.
(3)The registrar is—
(a)the chair of the council; and
(b)a non-voting member of the council.
22ZCProcedures of council
(1)Meetings of the council are to be held when and where the council decides.
(2)The council may conduct its proceedings (including its meetings) as it considers appropriate.
(3)The council may publish its considerations as the council considers appropriate.
22ZDReview of pt 2B
(1)The council must review the operation of this part before the end of its 2nd year of operation.
(2)In the review, the council must consider—
(a)compliance with the code and other requirements; and
(b)the coverage of the provisions including the procurements subject to the provisions; and
(c)complaints and disputes.
(3)The council must present a report of the review to the Minister within 6 months after the day the review was started.
Part 3Interest on commercial accounts
Application—pt 3
This part applies to a procurement contract, other than a contract—
(a)with a consideration of at least $10 000 (or, if another amount is prescribed by regulation, the other amount); and
(b)that states that this part does not apply to it.
Definitions—pt 3
In this part:
commercial account means an account given to a Territory entity for the payment of money under a procurement contract.
Examples of payments
a deposit, part payment, instalment payment or a bond or other refundable money
payment date, for a commercial account, means—
(a)the day worked out in accordance with the contract as the day when the account is payable; or
(b)in any other case—the day on which the account is received by the Territory entity.
relevant date, for the payment of a commercial account, means the 25th day of the calendar month after the calendar month in which the payment date for payment of the account happens.
NoteCalendar month—see the Legislation Act, dictionary, pt 1.
Interest on unpaid accounts
(1)This section applies if—
(a)a Territory entity does not pay a commercial account in full by the relevant date for the account; and
(b)the person to whom the account is payable requests, in writing, that the Territory entity pay interest on the amount of the account that remains unpaid from time to time after the payment date.
(2)The Territory entity is liable to pay the creditor a further amount by way of interest on the amount of the account that remains unpaid from time to time.
(3)Interest is payable at the rate worked out in accordance with the rules under the Court Procedures Act 2004 applying to the Supreme Court as if the unpaid amount were a judgment of the Supreme Court.
(4)If payment of the account is made by mail, the payment is taken to be made when it is posted.
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No and date Effective Last amendment made by Republication for R1
12 Sept 200124 May 2001–
16 Sept 2002not amended new Act R2
10 Oct 200217 Sept 2002–
30 June 2003A2002‑30 amendments by A2002‑30 R3*
1 July 20031 July 2003–
12 Apr 2004A2003‑22 amendments by A2003‑22 R4
13 Apr 200413 Apr 2004–
1 July 2004A2004‑9 amendments by A2004‑9 R5
2 July 20042 July 2004–
9 Jan 2005A2004‑9 commenced expiry R6
10 Jan 200510 Jan 2005–
22 Feb 2005A2004‑60 amendments by A2004‑60 R7
23 Feb 200523 Feb 2005–
31 Dec 2006A2005‑1 amendments by A2005‑1 R8
1 Jan 20071 Jan 2007–
30 Sept 2007A2005‑1 commenced expiry R9
1 Oct 20071 Oct 2007–
1 Oct 2007A2007‑11 amendments by A2007‑11 R10
2 Oct 20072 Oct 2007–
25 Aug 2008A2007‑11 commenced expiry R11
26 Aug 200826 Aug 2008–
1 Oct 2008A2008‑28 amendments by A2008‑28 R12
2 Oct 20082 Oct 2008–
16 Dec 2009A2008‑28 commenced expiry R13
17 Dec 200917 Dec 2009–
31 Dec 2010A2009‑49 amendments by A2009‑49 R14
1 Jan 20111 Jan 2011–
30 June 2011A2010‑54 amendments by A2010‑54 R15
1 July 20111 July 2011–
4 Apr 2012A2011‑22 amendments by A2011‑22 R16
5 Apr 20125 Apr 2012–
30 June 2012A2012‑11 amendments by A2012‑11 R17
1 July 20121 July 2012–
30 June 2014A2012‑26 amendments by A2012‑26 R18
1 July 20141 July 2014–
16 Nov 2014A2013‑41 amendments by A2013‑41 R19
17 Nov 201417 Nov 2014–
18 Nov 2014A2014‑49 amendments by A2014‑49 R20
19 Nov 201419 Nov 2014–
2 June 2015A2014‑49 amendments by A2014-44 R21
3 June 20153 June 2015–
30 June 2015A2015‑16 amendments by A2015‑16 R22
1 July 20151 July 2015–
30 June 2016A2015‑16 amendments by A2015‑14 R23
1 July 20161 July 2016–
31 Aug 2016A2015‑16 updated commencement by CN2016-12 R24
1 Sept 20161 Sept 2016–
30 June 2017A2016-52 amendments by A2016-52 R25
1 July 20171 July 2017–
31 Dec 2017A2016‑52 amendments by A2015-14 R26
1 Jan 20181 Jan 2018–
30 June 2018A2017‑14 amendments by A2016-55 as amended by A2017‑14 R27
1 July 20181 July 2018–
14 Jan 2019A2017‑40 amendments by A2017‑40 R28
15 Jan 201915 Jan 2019–
30 June 2019A2018‑41 amendments by A2018‑41 R29
1 July 20191 July 2019–
6 Nov 2019A2019‑18 amendments by A2018-52 as amended by A2019‑18 R30
7 Nov 20197 Nov 2019–
15 July 2021A2019‑18 amendments by A2018‑41 R31
16 July 202116 July 2021–
28 Feb 2022A2019‑18 expiry of transitional provisions (pt 11) R32
1 Mar 20221 Mar 2022–
5 Apr 2022A2022‑1 amendments by A2022‑1 R33
6 Apr 20226 Apr 2022–
26 Nov 2023A2022‑4 amendments by A2022‑4 R34
27 Nov 202327 Nov 2023–
30 June 2024A2023‑36 amendments by A2023‑36 R35
1 July 20241 July 2024–
8 July 2025A2024‑2 amendments by A2024‑2
Expired transitional or validating provisions
This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).
Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.
To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act.
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