2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Ms Roslyn Dundas)
Government Procurement (Principles) Guideline Amendment Bill 2003

A Bill for
An Act to amend the Government Procurement (Principles) Guideline 2002 (No 2) DI2002-58 

    

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

1	Name of Act
This Act is the Government Procurement (Principles) Guideline Amendment Act 2003.
2	Commencement
This Act commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Instrument amended
This Act amends the Government Procurement (Principles) Guideline 2002 (No 2) DI2002-58.
4	New clause 6A
insert
6A	Principle about procurement of computer software
	(1)	In the procurement of computer software, a Territory entity should, as far as practicable, prefer open source software to proprietary software. 
	(2)	This is in addition to the procurement principles to be applied under clause 6.
	(3)	In this clause:
distribute means distribute without charge or on payment of the reasonable costs of distribution.
open source software means computer software that is the subject of a licence granting a person—
	(a)	a right, without any limitation or restriction, to—
	(i)	use the software for any purpose; and
	(ii)	make copies of the software for any purpose; and
	(iii)	access or modify the source code of the software for any purpose; and
	(b)	a right, without payment of a royalty or other fee, to distribute copies of—
	(i)	the software (including as part of a total distribution of computer software from several different sources); or
	(ii)	a derived or modified form of the software.
proprietary software means computer software that is not open source software. 

© Australian Capital Territory 2003