Public Access to Government Contracts Amendment Act 2002 (ACT)

Public Access to Government Contracts Amendment Act 2002

Act 2002 No 41

Contents

Page

1. Name of Act  2

2. Commencement  2

3. Act amended  2

4. New sections 8A, 8B and 8C  2

Schedule 1        Technical amendments  4

Public Access to Government Contracts Amendment Act 2002

Act 2002 No 41

An Act to amend the Public Access to Government Contracts Act 2000

Notified under the Legislation Act 2001 on 2 December 2002

(see Legislative Assembly for the Australian Capital Territory enacts as follows:

1. Name of Act

   This Act is the Public Access to Government Contracts Amendment Act 2002.

2. Commencement

   This Act commences on the day after its notification day.

3. Act amended

   This Act amends the Public Access to Government Contracts Act 2000.

   NoteThis Act is amended in the body of this Act and in sch 1.

4. New sections 8A, 8B and 8C

   insert

8AList of government contracts or statement

1. Within 14 days after the end of each 6 month period, a government agency must give the auditor-general either—

   (a)a list of all government contracts containing a confidentiality clause entered into by the agency during the 6 month period; or

   (b)a statement that the agency did not enter into a government contract containing a confidentiality clause during the 6 month period.

2. In this section:

   6 month period means the 6 month period ending on 21 December 2002, and each 6 month period after that.

8BChief executive officers must ensure compliance with Act

1. The chief executive officer of a government agency must ensure that the agency complies with this Act.

2. In this section:

   chief executive officer, of a government agency, includes—

   (a)for an administrative unit—the person employed under the Public Sector Management Act 1994, section 28 (Engagement) or section 30 (Temporary performance of duties) to perform the duties of the office of chief executive of the unit; and

   NoteAdministrative unit is defined in the Legislation Act 2001, dict, pt 1.

   (b)for a Territory instrumentality—the person responsible for managing the instrumentality.

8CApplication of s 8A and s 8B

1. Sections 8A and 8B apply to the first 6 month period and each 6 month period after that.

2. This section expires 1 year after the day the Public Access to Government Contracts Amendment Act 2002 commences.

3. In this section:

   first 6 month period means the period from 22 June 2002 to 21 December 2002.

Schedule 1Technical amendments

(see s 3)

[1.1]Section 3, definition of government agency, new note

insert

NoteTerritory instrumentality and Territory owned corporation are defined in the Legislation Act 2001, dict, pt 1.

Explanatory note

This amendment inserts a note about where to find the definitions of these terms.

[1.2]Section 3, definition of Territory owned corporation

omit

Explanatory note

This definition is being omitted because the term is now defined in the Legislation Act 2001, dictionary, part 1.

Endnote

Republications of amended laws

For the latest republication of amended laws, see align="center">[Presentation speech made in Assembly on 22 August 2002]

I certify that the above is a true copy of the Public Access to Government Contracts Amendment Bill 2002 which was passed by the Legislative Assembly on 12 November 2002.

Clerk of the Legislative Assembly

© Australian Capital Territory 2002