Government Procurement Amendment Act 2012 (ACT)

Government Procurement Amendment Act 2012

A2012-11

Contents

Page

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

4            What is a notifiable contractSection 25 (2) (a), except note  2

5            Section 25 (2), example, except note  2

6            Meaning of notifiable amendmentSection 26 (a) (ii)  2

7           Section 26, example, except note  3

8            Public access to material on registerSection 29 (1) (b)  3

9            Public text of contracts to be made availableSection 31 (3)  4

10          Contracts and information to be given to auditor-generalNew section 38 (2)  4

11          Responsible territory entity’s reporting obligations for contracts etcSection 39 (6), definitions of confidential text, reportable contract and reporting period  4

12          Auditor-general’s reporting obligations for contracts etcSection 39A (3), definition of confidential text  5

13          No liability for complying with pt 3Section 42 (2), definition of reportable contract  5

Government Procurement Amendment Act 2012

A2012-11

An Act to amend the Government Procurement Act 2001

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1. Name of Act

   This Act is the Government Procurement Amendment Act 2012.

2. Commencement

   This Act commences on the day after its notification day.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3. Legislation amended

   This Act amends the Government Procurement Act 2001.

4. What is a notifiable contract
   Section 25 (2) (a), except note

   substitute

   (a)a contract with a total consideration, or estimated total consideration, that is less than the prescribed amount;

5. Section 25 (2), example, except note

   substitute

   Example—par (a)

   The total consideration for a contract for the purchase of swings by the Territory is $23 500.  The contract is later amended to increase the total consideration to $27 500.  If for example, a regulation prescribes an amount of $25 000 for par (a), the contract, as later amended, would be a notifiable contract.

6. Meaning of notifiable amendment
   Section 26 (a) (ii)

   substitute

   (ii)the prescribed amount; or

7. Section 26, example, except note

   substitute

   Example

   The consideration for a contract between the Territory and Acme Pty Ltd for the supply of road runner retention devices is $240 000.

   If, for example, a regulation prescribes an amount of $25 000 for par (a) (ii), the minimum value for notification of an amendment, or a series of amendments, of the contract is $25 000 because this amount, under par (a), is greater than 10% of the value of the contract.  The contract is amended on 1 January, 1 March and 1 June.

   The 1st and 2nd amendments are for $23 500 each.  While neither amendment is separately notifiable, the total of the 2 amendments is $47 000 and after the 2nd amendment (ie 1 March) each of them becomes a notifiable amendment.  When the 2 amendments are notified on the register, the 2 amendments cannot be counted towards any other notifiable amendment.  They increase the total consideration for the contract to $287 000.

   The 3rd amendment is for $27 000.  It is not a notifiable amendment because, even though it is more than $25 000, it is less than 10% of the total consideration for the contract as amended by all previous notifiable amendments, ie $28 700.

8. Public access to material on register
   Section 29 (1) (b)

   omit

   expires

   substitute

   ends

9. Public text of contracts to be made available
   Section 31 (3)

   omit

   when

   substitute

   2 years after the day

10. Contracts and information to be given to auditor-general
    New section 38 (2)

    insert

    (2)In this section:

    confidential text includes text that purports to be confidential text.

    reportable contract means a notifiable contract that contains confidential text.

11. Responsible territory entity’s reporting obligations for contracts etc
    Section 39 (6), definitions of confidential text, reportable contract and reporting period

    substitute

    confidential text—see section 38 (2).

    reportable contract—see section 38 (2).

    reporting period means a 12-month period ending on 31 March.

12. Auditor-general’s reporting obligations for contracts etc
    Section 39A (3), definition of confidential text

    substitute

    confidential text—see section 38 (2).

13. No liability for complying with pt 3
    Section 42 (2), definition of reportable contract

    substitute

    reportable contract—see section 38 (2) (Contracts and information to be given to auditor-general).

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on 8 December 2011.

2. Notification

   Notified under the Legislation Act on 4 April 2012.

3. Republications of amended laws

   For the latest republication of amended laws, see certify that the above is a true copy of the Government Procurement Amendment Bill 2012, which originated in the Legislative Assembly as the Government Procurement Amendment Bill 2011 and was passed by the Assembly on 22 March 2012.

   Clerk of the Legislative Assembly

   © Australian Capital Territory 2012