Australian Capital Territory
Government Procurement Act 2001     No 28
Republication No 1
Republication date: 12 September 2001
Act not amended up to this date
Provisions effective to 24 May 2001

Unauthorised version prepared by ACT Parliamentary Counsel's Office
About this republication
The republished law
This is a republication of the Government Procurement Act 2001 as in force on 12 September 2001.  It includes any commencement, amendment, repeal or expiry affecting the republished law up to 24 May 2001 and any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes).  
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 www.legislation.act.gov.au):
•	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.  
When preparing the authorised version of this republication amendments were made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
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 Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Provisions effective to
24 May 2001

Australian Capital Territory
Government Procurement Act 2001

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	3	Dictionary	2
	4	Notes	2
Part 2	Government procurement board
Division 2.1	Establishment and functions
	5	Government Procurement Board	3
	6	Functions	3
	7	Procurement guidelines	4
	8	Ministerial directions to board	5
	9	Reports to Minister	5
	10	Providing information to Minister	6
Division 2.2	Members of board
	11	Constitution of board	6
	12	Appointment of members	6
	13	Term of appointment of members	6
	14	Honesty, care and diligence of members	7
	15	Improper use of information	7
	16	Ending of appointment of members	7
	17	Conditions of appointment generally	8
Division 2.3	Proceedings of board
	18	Time and place of meetings	8
	19	Procedure governing proceedings of board	8
	20	Disclosure of interests by members	9
Division 2.4	Staff
	21	Arrangements for staff	10
Part 3	Miscellaneous
	22	Responsible chief executive must ensure Act complied with	11
	23	Power to obtain information and documents	11
	24	Regulation-making power	11
	25	Review of Act	12
Dictionary		13
Endnotes
	1	About the endnotes	14
	2	Abbreviation key	14
	3	Legislation history	15
	4	Amendment history	15

Provisions effective to
24 May 2001

Australian Capital Territory
Government Procurement Act 2001

An Act to establish a government procurement board and make provision about the procurement of goods and services by Territory entities, and for other purposes

    

Part 1	Preliminary
1	Name of Act
This Act is the Government Procurement Act 2001.
3	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The 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 or other legislation.
	For example, the signpost definition ‘responsible chief executive—see the Auditor-General Act 1996, section 3 (1).’ means that the expression ‘responsible chief executive’ is defined in that subsection and the definition applies to this Act.
Note 2	A 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 2001, s 155 and s 156 (1)).
4	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See Legislation Act 2001, s 127 (1), (4) and (5) for the legal status of notes.

Part 2	Government procurement board
Division 2.1	Establishment and functions
5	Government Procurement Board
There is an Australian Capital Territory Government Procurement Board.
6	Functions
The functions of the board are—
	(a)	to develop, implement and review policies and practices for the procurement of goods, services and works by Territory entities; and
	(b)	to establish an accreditation system for the procurement activities of Territory entities; and
	(c)	to develop and make guidelines for the procurement of goods, services and works by Territory entities; and
	(d)	to monitor the procurement activities, competencies and systems of Territory entities; and
	(e)	to give advice to Territory entities on procurement issues; and
	(f)	to review procurement proposals of Territory entities in accordance with the procurement guidelines; and
	(g)	to assist in the development of training and development courses and activities relevant to the procurement activities of Territory entities; and
	(h)	to provide advice to the Minister on any matter relevant to the procurement activities of Territory entities or the operation of this Act; and
	(i)	to exercise any other function given to the board under this Act or any other Territory law; and
	(j)	to do anything else—
	(i)	incidental, complementary or helpful to the board’s other functions; or
	(ii)	likely to improve the effective and efficient exercise of the board’s other functions.
7	Procurement guidelines
	(1)	The board may make guidelines, not inconsistent with this Act or the regulations, prescribing matters—
	(a)	required or permitted by this Act to be prescribed by procurement guidelines; or
	(b)	necessary or convenient to be prescribed for carrying out or giving effect to this Act.
	(2)	Without limiting subsection (1), the procurement guidelines may make provision about the procurement of goods, services and works by Territory entities, including, for example—
	(a)	the policies and practices that must, or may be, observed; and
	(b)	the procedures that must, or may be, followed; and
	(c)	the accreditation of people involved, and procedures followed, in procurement activities; and
	(d)	reporting on procurement activities; and
	(e)	procurement proposals that are to be reviewed by the board.
	(3)	The procurement guidelines may apply, adopt or incorporate an instrument, or anything in an instrument, as in force at a particular time or from time to time.
	(4)	A procurement guideline is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
8	Ministerial directions to board
	(1)	The Minister may give written directions to the board about the exercise of its functions.
	(2)	Before giving a direction, the Minister must—
	(a)	tell the board of the intent of the proposed direction; and
	(b)	give the board a reasonable opportunity to comment on the proposed direction; and
	(c)	consider any comments made by the board.
	(3)	The Minister must present a copy of a direction given under this section to the Legislative Assembly within 6 sitting days after it is given.
	(4)	The board must comply with a direction given to it under this section.
	(5)	For the Trade Practices Act 1974 (Cwlth), this Act authorises—
	(a)	the giving of a direction under this section; and
	(b)	the doing of, or the failure to do, anything by the board to comply with a direction under this section.
9	Reports to Minister
	(1)	In addition to any other reports that the board is required to make under this Act or any other law, the board must give the Minister the reports the Minister requires.
	(2)	A report under this section must be prepared in the form, and be based on the accounting or other policies or practices, (if any) that the Minister requires.
10	Providing information to Minister
The board must give the Minister any information about its operations that the Minister requires.
Division 2.2	Members of board
11	Constitution of board
The board consists of the following 7 part-time members:
	(a)	the chairperson;
	(b)	3 public employee members;
	(c)	3 non-public employee members.
12	Appointment of members
	(1)	The members are to be appointed by the Minister.
Note 1	A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act 2001, s 208 and dict, pt 1, def of appoint).
Note 2	A power to appoint a person to a position includes power to appoint a person to act in the position (see Legislation Act 2001, s 209).
	(2)	A person appointed as chairperson, or as a public employee member, must be a public employee.
Note	Public employee is defined in the Legislation Act 2001, dict, pt 1.
	(3)	A person appointed as a non-public employee member must not be a public employee.
	(4)	The instrument appointing, or evidencing the appointment of, a member must state whether the member is appointed as chairperson, a public employee member or a non-public employee member.
13	Term of appointment of members
	(1)	A member is to be appointed for a term of not longer than 3 years.
	(2)	The instrument appointing, or evidencing the appointment of, a member must state the term for which the member is appointed.
14	Honesty, care and diligence of members
In exercising the functions of member, a member must exercise the degree of honesty, care and diligence required to be exercised by a director of a company in relation to the affairs of the company.
15	Improper use of information 
A person who is, or has been, a member of the board must not make improper use of any information acquired in the course of the person’s duties to obtain directly or indirectly any financial or other advantage for the person or anyone else.
Maximum penalty:  200 penalty units, imprisonment for 5 years or both.
16	Ending of appointment of members
	(1)	The Minister must end the appointment of the chairperson, or a public employee member, if the person ceases to be a public employee.
	(2)	The Minister must end the appointment of a non-public employee member if the member becomes a public employee.
	(3)	The Minister may end the appointment of any member—
	(a)	for misbehaviour or physical or mental incapacity; or
	(b)	if the member—
	(i)	becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment or remuneration for their benefit; or
	(ii)	is absent, other than on leave approved by the Minister, from 3 consecutive meetings of the board; or
	(iii)	contravenes section 14 (Honesty, care and diligence of members) or 20 (Disclosure of interests by members) without reasonable excuse; or
	(iv)	commits an offence against section 15 (Improper use of information) or an indictable offence.
Note	The appointment of a member also ends if the member resigns (see Legislation Act 2001, s 210).
17	Conditions of appointment generally
A member holds the position on the conditions not provided by this Act or any other Territory law that are decided by the Minister.
Division 2.3	Proceedings of board
18	Time and place of meetings
	(1)	Meetings of the board are to be held at the times and places it decides.
	(2)	However, the board must meet at least at once every month.
	(3)	The chairperson—
	(a)	may at any time call a meeting of the board; and
	(b)	must call a meeting if asked by the Minister or at least 
3 members.
	(4)	The chairperson must give the other members reasonable notice of the time and place of a meeting called by the chairperson.
19	Procedure governing proceedings of board
	(1)	The chairperson presides at all meetings at which the chairperson is present.
	(2)	If the chairperson is absent, the member chosen by the members present presides.
	(3)	Business may be carried out at a meeting of the board only if 
4 members are present including 1 non-public employee member.
	(4)	At a meeting of the board each member has a vote on each question to be decided.
	(5)	A question is to be decided by a majority of the votes of the members present and voting but, if the votes are equal, the member presiding has a casting vote.
	(6)	The board may conduct its proceedings (including its meetings) as it considers appropriate.
	(7)	The board may hold meetings, or allow members to take part in meetings, by telephone, closed-circuit communication or another form of communication.
	(8)	A member who takes part in a meeting conducted under subsection (7) is taken to be present at the meeting.
	(9)	If—
	(a)	all members agree, in writing, to a proposed resolution; and
	(b)	notice of the resolution is given under procedures decided by the board;
the resolution is a valid resolution of the board, even though it was not passed at a meeting of the board.
	(10)		The board must keep minutes of its meetings.
20	Disclosure of interests by members
	(1)	This section applies to a member if—
	(a)	the member has a direct or indirect financial interest, or a direct or indirect interest of any other kind, in an issue being considered, or about to be considered, by the board; and
	(b)	the interest could conflict with the proper exercise of the member’s functions in relation to the board’s consideration of the issue.
	(2)	As soon as practicable after the relevant facts come to the member’s knowledge, the member must disclose the nature of the interest to a meeting of the board.
	(3)	The disclosure must be recorded in the board’s minutes and, unless the board otherwise decides, the member must not—
	(a)	be present when the board considers the issue; or
	(b)	take part in a decision of the board on the issue.
	(4)	Any other member who also has a direct or indirect financial interest in the issue must not—
	(a)	be present when the board is considering its decision under subsection (3); or
	(b)	take part in making the decision.
Division 2.4	Staff
21	Arrangements for staff
	(1)	The board may arrange with the chief executive to use public servants in the administrative unit under the chief executive’s control.
	(2)	The Public Sector Management Act 1994 applies to the management by the board of public servants the subject of an arrangement under subsection (1).

Part 3	Miscellaneous
    
22	Responsible chief executive must ensure Act complied with
The responsible chief executive of a Territory entity must ensure that the entity complies with this Act.
23	Power to obtain information and documents
	(1)	In relation to the exercise of its functions, the board may ask a Territory entity in writing to give stated information or a stated document to the board within a stated time and in a stated way.
	(2)	The Territory entity must comply with the request.
24	Regulation-making power
	(1)	The Executive may make regulations for this Act.
Note	Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
	(2)	The regulations may make provision for or in relation to any matter about which provision may be made by the procurement guidelines.
	(3)	The regulations may provide that—
	(a)	prescribed things are, or are not, to be regarded as goods, services or works for this Act; and
	(b)	prescribed activities are, or are not, to be regarded as procurement or procurement activities for this Act.
	(4)	The regulations may also prescribe offences for contraventions of the regulations and prescribe maximum penalties of not more than 
10 penalty units for offences against the regulations.
25	Review of Act
	(1)	The Minister must review the operation of this Act as soon as practicable after 5 years after the commencement of this section.
	(2)	A report on the outcome of the review must be presented by the Minister to the Legislative Assembly within 6 months after the end of the 5 years.
	(3)	This section expires 6 years after it commences.

Dictionary
(see s 3)
board means the Australian Capital Territory Government Procurement Board.
chairperson means the chairperson of the board.
member means—
	(a)	the chairperson; or
	(b)	a public employee member; or
	(c)	a non-public employee member.
procurement guidelines means the procurement guidelines under this Act.
responsible chief executive—see the Auditor-General Act 1996, section 3 (1).
Territory entity means—
	(a)	an administrative unit; or
	(b)	a Territory entity under the Auditor-General Act 1996.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnotes.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
If the republished law includes penalties, current information about penalty unit values appears on the republication inside front cover.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	p = page	
cl = clause	par = paragraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	prov = provision	
div = division	pt = part	
exp = expires/expired	r = rule/subrule	
Gaz = Gazette	reg = regulation/subregulation	
hdg = heading	renum = renumbered	
ins = inserted/added	reloc = relocated	
LA = Legislation Act 2001	R[X] = Republication No	
LR = legislation register	s = section/subsection	
LRA = Legislation (Republication) Act 1996	sch = schedule	
mod = modified / modification	sdiv = subdivision	
No = number	sub = substituted	
o = order	SL  = Subordinate Law	
om = omitted/repealed	underlining = whole or part not commenced	
3	Legislation history
Government Procurement Act 2001 No 28
notified 24 May 2001 (Gaz 2001 No 21)
commenced 24 May 2001 (s 2)
4	Amendment history
Commencement
s 2	om R1 (LA s 89 (4))
Review of Act
s 25 	exp 24 May 2007 (s 25 (3))

Unauthorised version prepared by ACT Parliamentary Counsel's Office

©  Australian Capital Territory 2001