Explanatory Statement
Revocation of the Commonwealth Procurement Guidelines – January 2005
Issued by the authority of the Minister for Finance and Deregulation
The legislative authority under which the instrument is made
Section 64(1) of the Financial Management and Accountability Act 1997 (FMA Act) enables the regulations to authorise a Minister to issue guidelines to officials on matters within the Minister’s responsibility. Regulation 7(1) of the Financial Management and Accountability Regulations 1997 enables the Finance Minister to issue guidelines (to be called the Commonwealth Procurement Guidelines) about matters relating to the procurement of property and services.
Section 33(3) of the Acts Interpretation Act 1901 confers the power to repeal, rescind, revoke, amend or vary an instrument that has been issued.
Purposes of the instrument
The Minister for Finance and Deregulation released the Commonwealth Procurement Guidelines – December 2008 (2008 CPGs) which was registered on the Federal Register of Legislative Instruments on 28 November 2008.
The 2008 CPGs provided updated guidelines to the Commonwealth Procurement Guidelines – January 2005 (2005 CPGs) on the procurement policy framework along with the Government’s expectations for all departments and agencies subject to the FMA Act when performing procurement related duties.
The 2008 CPGs did not specifically revoke the 2005 CPGs.
As a result, in order to avoid any ambiguity between the 2005 CPGs and 2008 CPGs, the 2005 CPGs are to be revoked.
During the development of the 2008 CPGs, Chief Finance Officers of Australian Government departments and agencies were consulted. Throughout that consultation process agencies were made aware that the 2008 CPGs would replace the 2005 CPGs.