{"id":"a-2001-28","name":"Government Procurement Act 2001","slug":"government-procurement-act-2001","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"28 of 2001","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23676,"registerId":"act-a-2001-28-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"16","sectionType":"section","heading":"December 2025. It also includes any commencement, amendment, repeal or expiry affecting","content":"16 December 2025. It also includes any commencement, amendment, repeal or expiry affecting\nthis republished law to 16 December 2025.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\ncontents 1\nPage\n1 Name of Act 2\n2 Dictionary 2\n3 Notes 2\n4 Offences against Act—application of Criminal Code etc 2\n5 Meaning of procurement 3\n6 Meaning of Territory entity 4\n7 Probity 5\n8 Value for money 5\n9 Meaning of procurement contract 6\n10 Form of procurement contracts and amendments 7\n\nPage\ncontents 2 Government Procurement Act 2001\n11 Application—pt 2 8\n12 Meaning of notifiable contract—pt 2 8\n13 Meaning of notifiable invoice—pt 2 9\n14 Keeping of register 10\n15 Contents of register 10\n16 Meaning of confidential text—pt 2 11\n17 Notice of effect of div 2.3 to contracting parties 12\n18 Grounds for confidentiality of information 12\n19 Model confidentiality clause required for confidential text 15\n20 Invalidity of non-complying confidentiality clauses 15\n21 Auditor-general’s requests for contracts and information, reporting\nobligations etc 16\n22 Effect of disclosure of confidential text 16\n22A Notice of effect of pt 2 to parties issuing invoices 16\n22B Effect of other disclosure laws etc 17\n22C No liability for complying with pt 2 17\n22D Application—div 2B.2 18\n22E Definitions—pt 2B 19\n22F Meaning of territory-funded work—pt 2B 20\n22G Requirements for procurement—secure local jobs code certificates etc 21\n22H Exemption from requirements—secure local jobs code certificates etc 23\nDivision 2B.3 Secure local jobs code certificates and code\n22I Application for secure local jobs code certificate 25\n22J Decision on application 25\n22K Conditions on secure local jobs code certificate 25\n\nPage\ncontents 3\n22L Surrender of secure local jobs code certificate 26\n22M Secure local jobs code 26\n22N Secure local jobs code register 27\n22O Approved auditors 27\n22P Exemption from code 28\nSubdivision 2B.4.1 Compliance measures\n22Q Complaints 28\n22R Audits 29\n22S Requests for information 30\n22SA Suspension etc pending registrar’s decision 30\n22T Compliance 31\n22U Compliance guidelines 32\nSubdivision 2B.4.2 Access to premises\n22UA Definitions—sdiv 2B.4.2 32\n22UB Authorised people and identity cards 33\n22UC Entry to premises 33\n22UD Production of identity card 34\n22UE Consent to entry 34\n22UF General powers on entry to premises 35\n22UG Disclosure of information 36\n22UH Damage etc to be minimised 37\n22UI Protection from liability 37\n22V Appointment of secure local jobs code registrar 38\n22W Functions of registrar 38\n22X Ministerial directions to registrar 39\n22Y Delegation by registrar 39\nDivision 2B.6 Secure local jobs code advisory council\n22Z Establishment of council 40\n22ZA Functions of council 40\n22ZB Membership of council 40\n22ZC Procedures of council 41\n22ZD Review of pt 2B 41\n\nPage\ncontents 4 Government Procurement Act 2001\n23 Application—pt 3 42\n24 Definitions—pt 3 42\n25 Interest on unpaid accounts 42\n26 Exclusion of inconsistent contractual terms 43\n27 Availability of funds to pay interest 43\n28 Government Procurement Board 44\n29 Purpose and functions of board 44\n30 Recommendations of board 45\n31 Ministerial directions to board 46\n32 Constitution of board 47\n33 Board members—appointment 47\n34 Board members—conditions of appointment 47\n35 Board members—abuse of position 48\n36 Board members—ending appointment 48\nPart 5 Notification and review of decisions\n37 Meaning of reviewable decision—pt 5 50\n38 Reviewable decision notices 50\n39 Applications for review 50\n40 Applications for review by complainant 50\n41 Amounts inclusive of GST 52\n42 Government procurement rules 52\n43 Government procurement practices 52\n44 Compliance with Act—annual reporting 53\n45 Regulation-making power 54\nPart 12 Transitional—Government Procurement\nAmendment Act 2024\n105 Instruments under pre-amendment Act and regulation 55\n106 Transitional regulations 56\n\nPage\ncontents 5\n107 Expiry—pt 12 56\nSchedule 1 Model confidentiality clause 57\nSchedule 2 Reviewable decisions 59\nDictionary 62\n1 About the endnotes 67\n2 Abbreviation key 67\n3 Legislation history 68\n4 Amendment history 73\n5 Earlier republications 90\n6 Expired transitional or validating provisions 93\n\nAn Act about procurement by Territory entities for the Territory, and for other\npurposes\n\n","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Government Procurement Act 2001.\n","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Dictionary","content":"2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain words and\nexpressions used in this Act, and includes references (signpost\ndefinitions) to other words and expressions defined elsewhere in this Act.\nFor example, the signpost definition ‘Territory entity—see section 6.’\nmeans that the expression ‘Territory entity’ is defined in that section.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Notes","content":"3 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See Legislation Act 2001, s 127 (1), (4) and (5) for the legal status of\nnotes.\n","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"4 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\n","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Meaning of procurement","content":"5 Meaning of procurement\n(1) In this Act:\nprocurement—\n(a) means the process by which a Territory entity—\n(i) acquires goods or services by any contractual means,\nincluding purchase, lease or rent (with or without an option\nto buy), or exchange; or\n(ii) deals in any legal or equitable estate or interest in land or\ndeals in a right, power or privilege over, or in relation to,\nland as a sublease or licence over land, or part of land, in\nwhich the Territory or the Territory entity is the sublessee\nor licensee; and\n(b) includes the process by which a Territory entity disposes of\ngoods by any contractual means, including sale.\nNote Interest, in relation to land—see the Legislation Act, dictionary, pt 1.\n(2) Also, procurement includes a procurement by—\n(a) a Territory entity acting solely on behalf of another entity; or\n(b) another entity acting solely on behalf of a Territory entity.\nExample—par (a)\nCanberra Institute of Technology acting solely on behalf of CIT Solutions\n(3) However, procurement does not include—\n(a) acquiring goods or services for—\n(i) resale; or\n(ii) use in the production of goods for resale; or\n\n(b) an acquisition of goods or services by a Territory entity from\nanother Territory entity; or\n(c) a dealing mentioned in subsection (1), definition of\nprocurement, paragraph (a) (ii) between Territory entities; or\n(d) a dealing in any legal or equitable estate or interest in land or a\ndealing in a right, power or privilege over, or in relation to, land\nother than as mentioned in subsection (1), definition of\nprocurement, paragraph (a) (ii).\nExamples—par (d)\n1 the grant of a lease or licence of land under the Planning Act 2023\n2 the purchase of land by the Territory or a Territory entity\n3 the grant of a sublease or licence by the Territory or a Territory entity\nas sublessor or licensor\n(4) A regulation may prescribe that something is, or is not, procurement\nfor this Act.\n(5) In this section:\nsublease includes an underlease.\n","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Meaning of Territory entity","content":"6 Meaning of Territory entity\n(1) In this Act:\nTerritory entity means—\n(a) a directorate; or\n(b) the Office of the Legislative Assembly; or\n(c) an officer of the Assembly; or\n(d) a territory authority or any other entity prescribed by regulation.\n(2) However, Territory entity does not include an entity prescribed by\nregulation not to be a Territory entity.\n\n","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Probity","content":"7 Probity\n(1) In undertaking a procurement, a Territory entity must ensure that the\nprocurement is undertaken with probity.\n(2) For this Act, a procurement undertaken by a Territory entity is\nundertaken with probity if—\n(a) the Territory entity’s behaviour is ethical and there is evidence\nof this behaviour; and\n(b) the procurement is undertaken with integrity, uprightness and\nhonesty.\n","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Value for money","content":"8 Value for money\n(1) For this Act, value for money, in relation to a procurement, means\nthe best available outcome for the procurement that maximises the\noverall benefit to the Territory.\n(2) Any decisions made or functions exercised in relation to the\nfollowing must achieve value for money:\n(a) selecting an entity to supply goods or services;\n(b) authorising, or committing the Territory to, the expenditure of\nany money;\n(c) entering into a procurement contract for the procurement;\n(d) spending any money;\n(e) amending a procurement contract;\n(f) anything else prescribed by regulation.\n(3) To achieve value for money, the responsible chief executive officer\nfor a Territory entity must be satisfied that the decision or exercise of\nthe function—\n(a) uses public resources in an efficient and effective manner; and\n(b) manages any risks appropriately; and\n\n(c) is undertaken by the Territory entity with probity; and\n(d) complies with this Act, including any direction about\ngovernment procurement practices given by the Minister under\nsection 43.\nExample—par (d)\na direction to consider a charter of procurement values in undertaking a\nprocurement\nNote A direction is a notifiable instrument, see s 43.\n(4) A regulation may prescribe any other matter the responsible chief\nexecutive officer for a Territory entity must be satisfied of or take into\naccount to achieve value for money.\n(5) Any decision made under subsection (3) in relation to achieving value\nfor money must be recorded in writing as soon as practicable after\nmaking the decision.\n(6) In particular, the written record must include the matters mentioned\nin subsections (3) and (4) of which the responsible chief executive\nofficer was satisfied or took into account.\nNote Under the Financial Management Act 1996, s 31A (1), the responsible\ndirector-general of a directorate may enter into, vary and administer a\ncontract relating to the operations of the directorate if the director-general\nacts in accordance with that Act, s 31. Under s 31 (1), the responsible\ndirector-general of a directorate is accountable for the efficient and\neffective financial management of the public resources for which the\ndirectorate is responsible.\n","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Meaning of procurement contract","content":"9 Meaning of procurement contract\nIn this Act:\nprocurement contract—\n(a) means a contract entered into by a Territory entity and another\nentity for procurement under this Act; and\n(b) includes a document prescribed by regulation.\nNote Contract includes a contract as amended (see dict).\n\n","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Form of procurement contracts and amendments","content":"10 Form of procurement contracts and amendments\nA procurement contract, including any amendment of the contract,\nmust be in writing.\n\n","sortOrder":10},{"sectionNumber":"Part 2","sectionType":"part","heading":"Notifiable contracts and","content":"Part 2 Notifiable contracts and\nnotifiable invoices\n","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Application—pt 2","content":"11 Application—pt 2\n(1) To remove any doubt, this part applies in relation to a procurement\ncontract entered into by—\n(a) a Territory entity with an excluded body; or\n(b) an excluded body acting on behalf of a Territory entity with\nanother excluded body.\nThe Territory represented by a Territory entity enters into a procurement contract\nwith a territory-owned corporation. The Territory entity, but not the territory-owned\ncorporation, is required to notify the contract under this part.\nexcluded body means a body that is not a Territory entity.\n","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Meaning of notifiable contract—pt 2","content":"12 Meaning of notifiable contract—pt 2\nnotifiable contract—\n(a) means a procurement contract with a total consideration, or\nestimated total consideration, of at least the amount mentioned\nin subsection (2) (the consideration amount); and\nNote Contract includes a contract as amended (see dict).\n(b) includes—\n(i) a standing-offer arrangement; and\n\nPreliminary Division 2.1\n(ii) a contract entered into under a standing-offer arrangement;\nbut\nExamples—par (ii)\nan order or a work order\n(c) does not include a procurement contract of a kind prescribed by\nregulation.\n(2) For this section, the consideration amount is—\n(a) for a standing-offer arrangement—any amount; or\n(b) for any other procurement contract (including a contract entered\ninto under a standing-offer arrangement)—the amount\nprescribed by regulation.\n","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Meaning of notifiable invoice—pt 2","content":"13 Meaning of notifiable invoice—pt 2\nnotifiable invoice—\n(a) means an invoice for—\n(i) goods or services procured by, or provided to, a Territory\nentity under a procurement contract payable by a\nresponsible Territory entity; and\n(ii) the amount prescribed by regulation or more; and\n(b) includes an invoice for reimbursement of costs payable by a\nresponsible Territory entity for the goods or services provided\nby a contractor in the course of carrying out the contractor’s\nwork for a Territory entity; but\nthe cost of flights to Canberra, and accommodation in Canberra, for the\ncontractor to inspect works\n\n(c) does not include an invoice—\n(i) for goods or services provided by a Territory entity; or\n(ii) prescribed by regulation.\n","sortOrder":14},{"sectionNumber":"14","sectionType":"section","heading":"Keeping of register","content":"14 Keeping of register\n(1) The director-general must keep a register of notifiable contracts and\nnotifiable invoices (the register).\n(2) The register must be kept electronically.\nExample—how register may be kept\nThe register may be kept in the form of, or as part of, 1 or more computer databases,\nand may include data compiled electronically from the databases.\n(3) The director-general may correct any mistake, error or omission in\nthe register, subject to any requirements prescribed by regulation.\nNote The responsible Territory entity for a notifiable contract or a notifiable\ninvoice must enter into the register any information prescribed for s 15\nfor the contract or invoice and, if the information changes, update the\ninformation in the register (see regulation, s 12C).\n","sortOrder":15},{"sectionNumber":"15","sectionType":"section","heading":"Contents of register","content":"15 Contents of register\n(1) A regulation may prescribe information that must be included in the\nregister for each notifiable contract and each notifiable invoice.\n(2) The register may include anything else the director-general considers\nappropriate.\ninformation about and links to contracts that are not notifiable contracts\n\n(3) If any part of a notifiable contract to which a notifiable invoice relates\nis confidential text, any entry in the register for the invoice must not\ncontain any information that would disclose the confidential text,\nother than as provided in the confidentiality clause included in the\ncontract.\n(4) A regulation may prescribe the way in which documents are to be\nentered in the register.\nExample—s (4)\nrequiring a document to be in portable document format or in rich text format\n","sortOrder":16},{"sectionNumber":"Div 2","sectionType":"division","heading":"3 Confidential text in notifiable","content":"Division 2.3 Confidential text in notifiable\ncontracts\n16 Meaning of confidential text—pt 2\nconfidential text, of a notifiable contract—\n(a) means that part of the notifiable contract that a party to the\ncontract (including the Territory entity) is required to keep\nconfidential under—\n(i) a provision of any contract that requires a party to the\nnotifiable contract to keep any part of the notifiable\ncontract confidential; or\n(ii) any other requirement imposed by law that has the effect\nof requiring a party to the notifiable contract to keep any\npart of the notifiable contract confidential; and\n(b) includes any personal information about a person.\nNote The Territory privacy principles apply to a Territory entity (see\nInformation Privacy Act 2014 , sch 1).\n\n(2) All text in the following notifiable contracts is taken to be confidential\ntext:\n(a) a notifiable contract that relates to the provision of legal\nservices;\n(b) a notifiable contract for the employment of an individual.\npersonal information—see the Information Privacy Act 2014,\nsection 8.\n","sortOrder":17},{"sectionNumber":"17","sectionType":"section","heading":"Notice of effect of div 2.3 to contracting parties","content":"17 Notice of effect of div 2.3 to contracting parties\n(1) This section applies in relation to a proposed notifiable contract if—\n(a) a party to the contract (including the Territory entity), proposes\nthat any part of the contract be confidential text; or\n(b) any part of the contract will be confidential text because of a\nrequirement imposed by law that requires a party to the contract\nto keep the part confidential.\n(2) The responsible Territory entity for the notifiable contract must\nensure that this division is drawn to the attention of all the proposed\nparties to the contract (other than a Territory entity).\n","sortOrder":18},{"sectionNumber":"18","sectionType":"section","heading":"Grounds for confidentiality of information","content":"18 Grounds for confidentiality of information\n(1) Any part of the text of a notifiable contract will be confidential text if\na requirement imposed by law requires a party to the contract to keep\nthe text confidential.\na failure to comply with the requirement would create an action for breach of\nconfidence\n\n(2) The responsible Territory entity for a notifiable contract to which\nsection 17 applies must not—\n(a) propose that any part of the text of the contract be confidential\ntext unless reasonably satisfied that any disclosure of the text—\n(i) would cause unreasonable detriment to the Territory or\nanother party to the contract; or\n(ii) may put personal or public safety, or the security of the\nTerritory, at risk; or\n1 construction plans for a correctional facility or law enforcement\nfacility\n2 information about design, construction or operation of major\ninfrastructure or public works\n(iii) would have a significant adverse effect on the financial,\nlegal or property interests of the Territory or a Territory\nentity; or\n(iv) would unreasonably constrain the development or\nconsideration of policy alternatives by the Territory; or\n(v) would disclose information prescribed by regulation for\nthis section; or\n(b) agree to any part of the text of the contract being confidential\ntext unless reasonably satisfied that any disclosure of the text\nwould—\n(i) disclose a trade secret; or\nintellectual property, including software source codes\n\n(ii) disclose an artistic, literary or cultural secret; or\n1 details about a photographic shoot\n2 text of an historic manuscript\n3 a secret indigenous cultural practice\n(iii) disclose information (other than a trade, artistic, literary or\ncultural secret) having a commercial value that would be,\nor could reasonably be expected to be, destroyed or\ndiminished if the information were disclosed; or\ninformation on the design and operation of goods\n(iv) be an unreasonable disclosure of information about internal\ncostings or profit margins; or\n1 hourly rates, on-costs and management fees\n2 individual components of the contract’s total consideration\n(v) disclose information that may put personal or public safety,\nor the security of the Territory, at risk; or\n(vi) disclose information prescribed by regulation for this\nsection.\n(3) Also, the responsible Territory entity for the notifiable contract must\nnot propose that any part of the text of the contract be confidential\ntext, or agree to any part of the text of the contract being confidential\ntext, if—\n(a) the substance of the information to which the text relates is\npublic knowledge; or\n(b) the effect of the proposal or agreement—\n(i) would be to inappropriately restrict a Territory entity in the\nmanagement or use of Territory assets; or\n(ii) would not be in the public interest; or\n\n(iii) would be to require the obligation of confidentiality to\napply for longer than is reasonably necessary to protect the\ninterest to which it relates.\n(4) If the responsible Territory entity for the notifiable contract agrees to\na part of the text of the contract being confidential text, it must be\nnoted in the contract that the text is confidential text.\n(5) The responsible Territory entity for the notifiable contract may\ndelegate the Territory entity’s functions under this section to a public\nemployee.\n","sortOrder":19},{"sectionNumber":"19","sectionType":"section","heading":"Model confidentiality clause required for confidential text","content":"19 Model confidentiality clause required for confidential text\n(1) The text of a notifiable contract must not be made confidential text\nunless—\n(a) a confidentiality clause that incorporates the substance of the\nmodel confidentiality clause, as far as is applicable, is included\nin the contract; and\n(b) the confidentiality clause does not limit disclosure of\ninformation to a greater extent than provided in the model\nconfidentiality clause.\nmodel confidentiality clause means the model confidentiality clause\nset out in schedule 1.\n","sortOrder":20},{"sectionNumber":"20","sectionType":"section","heading":"Invalidity of non-complying confidentiality clauses","content":"20 Invalidity of non-complying confidentiality clauses\nAny confidentiality clause in, or applying to, a notifiable contract is\nvoid if the clause—\n(a) was included in the contract in contravention of section 18; or\n(b) does not comply with section 19.\n\n","sortOrder":21},{"sectionNumber":"21","sectionType":"section","heading":"Auditor-general’s requests for contracts and information,","content":"21 Auditor-general’s requests for contracts and information,\nreporting obligations etc\n(1) The responsible Territory entity for a notifiable contract that contains\nconfidential text must, if requested by the auditor-general, give the\nauditor-general—\n(a) a copy of the contract; and\n(b) any other contract or information requested.\n(2) If the auditor-general requests a copy of a notifiable contract that\ncontains confidential text, the auditor-general must report to the\nrelevant Assembly committee on whether the auditor-general is\nsatisfied that confidential text in the contract complies with\nsection 18 (1) or (2).\nconfidential text includes text that purports to be confidential text.\n","sortOrder":22},{"sectionNumber":"22","sectionType":"section","heading":"Effect of disclosure of confidential text","content":"22 Effect of disclosure of confidential text\nIf confidential text, or information about confidential text, is\ndisclosed under this part, the disclosure does not affect the continuing\nforce of the obligation of confidence.\n","sortOrder":23},{"sectionNumber":"22A","sectionType":"section","heading":"Notice of effect of pt 2 to parties issuing invoices","content":"22A Notice of effect of pt 2 to parties issuing invoices\nThe responsible Territory entity for the payment of a proposed\nnotifiable invoice must ensure that this part is drawn to the attention\nof parties intending to provide a good or service for which an invoice\nis to be raised.\n\nOther matters Division 2.4\n","sortOrder":24},{"sectionNumber":"22B","sectionType":"section","heading":"Effect of other disclosure laws etc","content":"22B Effect of other disclosure laws etc\nThis part does not—\n(a) affect any other law applying in the ACT about the disclosure of\ndocuments or information; or\n(b) prevent responsible Territory entities from making available\ninformation about, or the text of, a notifiable contract or a\nnotifiable invoice otherwise than as required by this part if any\nagency is required under law to do so or can otherwise properly\ndo so.\nNote 1 The Freedom of Information Act 2016 and the Territory Records\nAct 2002 provide for how government information and Territory records\nmay be accessed.\nNote 2 The Territory privacy principles under the Information Privacy Act 2014,\nsch 1 provide for the disclosure of personal information in certain\ncircumstances.\n","sortOrder":25},{"sectionNumber":"22C","sectionType":"section","heading":"No liability for complying with pt 2","content":"22C No liability for complying with pt 2\nThe Territory or a Territory entity is not civilly liable to any of the\nfollowing, or to anyone else, for anything done honestly under this\npart:\n(a) an entity that is a party to a notifiable contract;\n(b) an entity issuing a notifiable invoice.\n\n","sortOrder":26},{"sectionNumber":"22D","sectionType":"section","heading":"Application—div 2B.2","content":"22D Application—div 2B.2\n(1) This section applies to a procurement by a Territory entity if the\nTerritory entity receives a quote, tender or other response in relation\nto the procurement from any of the following (a tenderer):\n(a) the Commonwealth or a State;\n(b) an entity of the Commonwealth or a State;\n(c) a territory-owned corporation;\n(d) a territory authority that is not a Territory entity;\n(e) a territory instrumentality.\na procurement of police services for the Territory from the Australian Federal\nPolice\n(2) The requirements for a procurement under division 2B.2 do not apply\nto the following in relation to the procurement:\n(a) the Territory entity;\n(b) the tenderer.\nentity of the Commonwealth or a State means an entity of the\nCommonwealth or a State that exercises functions that correspond, or\nsubstantially correspond, to the functions of—\n(a) an entity mentioned in section 6 (1), definition of Territory\nentity; or\n(b) a territory-owned corporation; or\n(c) a territory authority that is not a Territory entity; or\n\nApplication and definitions—pt 2B Division 2B.1\n(d) a territory instrumentality.\nNote State includes the Northern Territory (see Legislation Act, dict, pt 1).\n","sortOrder":27},{"sectionNumber":"22E","sectionType":"section","heading":"Definitions—pt 2B","content":"22E Definitions—pt 2B\napproved auditor—see section 22O.\naudit guidelines means the guidelines made by the Minister under\nsection 22U (1) (a).\ncode means the secure local jobs code.\ncouncil means the Secure Local Jobs Code Advisory Council\nestablished under section 22Z.\nregistrar means the secure local jobs code registrar appointed under\nsection 22V.\nsecure local jobs code—see section 22M.\nsecure local jobs code certificate means a certificate granted to an\nentity under section 22J.\nsecure local jobs code register—see section 22N.\nterritory-funded work—see section 22F.\nworkplace standards, of an entity, means the obligations and\npractices of the entity associated with the entity’s workplaces,\nincluding in relation to the following:\n(a) collective bargaining;\n(b) freedom of association;\n(c) health and safety;\n(d) human rights;\n(e) inductions;\n\n(f) leave;\n(g) tax and superannuation;\n(h) training;\n(i) workers compensation;\n(j) workplace delegates of unions.\n","sortOrder":28},{"sectionNumber":"22F","sectionType":"section","heading":"Meaning of territory-funded work—pt 2B","content":"22F Meaning of territory-funded work—pt 2B\nterritory-funded work means services that are for a Territory entity\nand are any of the following:\n(a) services that—\n(i) are primarily for labour (other than excluded services); and\n(ii) have an estimated value equal to or greater than an amount\nprescribed by regulation;\n(b) services that are primarily for construction work (other than\nexcluded services);\n(c) services that are primarily for any of the following:\n(i) building or other industrial cleaning services within the\nmeaning of the ANZSIC, Class 7311, Building and Other\nIndustrial Cleaning Services;\n(ii) traffic control services to redirect vehicles around a\ntemporary disruption to a public road for the purpose of\nensuring safety to workers or the public;\n(iii) security services by a person who carries on a security\nactivity within the meaning of the Security Industry\nAct 2003, section 7.\n\nRequirements for procurement by Territory entities Division 2B.2\n(2) The Legislation Act, section 47 (3) and (6) does not apply to the\nANZSIC applied, adopted or incorporated in a regulation under this\nsection.\nNote The ANZSIC does not need to be notified under the Legislation Act\nbecause s 47 (6) does not apply (see Legislation Act, s 47 (7)). The\nANZSIC is available free of charge at www.abs.gov.au.\nANZSIC means the Australian and New Zealand Standard Industrial\nClassification 2006 as in force from time to time.\nexcluded services means services prescribed by regulation.\n","sortOrder":29},{"sectionNumber":"Div 2B","sectionType":"division","heading":"2 Requirements for procurement by","content":"Division 2B.2 Requirements for procurement by\nTerritory entities\n","sortOrder":30},{"sectionNumber":"22G","sectionType":"section","heading":"Requirements for procurement—secure local jobs code","content":"22G Requirements for procurement—secure local jobs code\ncertificates etc\n(1) A Territory entity must not accept a response in relation to a\nprocurement for territory-funded work from a tenderer unless the\ntenderer—\n(a) holds a secure local jobs code certificate and any conditions on\nthe certificate are appropriate for the procurement; and\n(b) if the tenderer is required under subsection (2) to submit a labour\nrelations, training and workplace equity plan—submits the plan.\n(2) For subsection (1) (b), a tenderer is required to submit a labour\nrelations, training and workplace equity plan if—\n(a) for territory-funded work mentioned in section 22F (1),\ndefinition of territory-funded work, paragraphs (a) and (b)—the\nprocurement has an estimated value of—\n(i) $200 000 or more; or\n\n(ii) if another value is prescribed by regulation—the prescribed\nvalue; or\n(b) for territory-funded work mentioned in section 22F (1),\ndefinition of territory-funded work, paragraph (c)—the\nprocurement has an estimated value of—\n(i) $25 000 or more; or\n(ii) if another value is prescribed by regulation—the prescribed\nvalue.\n(3) A Territory entity must consider a labour relations, training and\nworkplace equity plan submitted by a tenderer under\nsubsection (1) (b) when assessing responses in relation to a\nprocurement.\n(4) A Territory entity must not enter into a procurement contract for\nterritory-funded work with another entity unless—\n(a) the other entity holds a secure local jobs code certificate and any\nconditions on the certificate are appropriate for the procurement;\nand\n(b) the contract includes terms that incorporate, as far as applicable,\nthe substance of any model terms determined under\nsubsection (5).\n(5) The Minister may determine model terms for incorporation into\nprocurement contracts for territory-funded work that relate to the\nrequirements of this part or the code.\nExamples—model terms\n1 contractor must hold a secure local jobs code certificate for the duration of the\ncontract\n2 contractor must tell the Territory about any adverse ruling that is made against\nthe contractor and that relates to the code\n3 contractor must carry out staff inductions\n4 contractor must allow registrar to enter workplaces to carry out educational\nactivities regarding the code\n\nRequirements for procurement by Territory entities Division 2B.2\n5 contractor must allow approved auditors to enter workplaces to examine\ncompliance with the code\n6 contractor must provide contact details and working hours for workplaces\n(6) A determination under subsection (5) is a disallowable instrument.\n(7) In this section:\nlabour relations, training and workplace equity plan means a plan\nmade by a tenderer that—\n(a) relates to the tenderer’s, and any subcontractor’s, workplaces in\nrelation to workplace standards, diversity and equity; and\n(b) complies with any requirements prescribed by regulation.\n","sortOrder":31},{"sectionNumber":"22H","sectionType":"section","heading":"Exemption from requirements—secure local jobs code","content":"22H Exemption from requirements—secure local jobs code\ncertificates etc\n(1) The responsible chief executive officer for a Territory entity may\nexempt the entity from the requirements under section 22G for a\nprocurement—\n(a) if it is for emergency works—\n(i) to critical services that have been disrupted; or\n(ii) to prevent an imminent danger to health and safety; and\n(b) the requirements mentioned in section 22G cannot be complied\nwith because of the emergency.\n(2) The responsible chief executive officer must notify the registrar and\nthe council of the exemption within 7 days after granting the\nexemption.\n(3) The registrar may exempt a Territory entity from 1 or more of the\nrequirements under section 22G for a procurement if the registrar\nconsiders there is no suitable entity available at a reasonable cost to\ntender or contract for the procurement that would enable the\nrequirements to be met.\n\n(4) The registrar must notify the council of the exemption within 7 days\nafter granting the exemption.\n(5) An exemption under this section must be in writing.\n\nSecure local jobs code certificates and code Division 2B.3\nDivision 2B.3 Secure local jobs code certificates\nand code\n","sortOrder":32},{"sectionNumber":"22I","sectionType":"section","heading":"Application for secure local jobs code certificate","content":"22I Application for secure local jobs code certificate\n(1) An entity may apply to the registrar for a secure local jobs code\ncertificate.\n(2) The application must—\n(a) include a current report from an approved auditor stating that the\nentity meets the requirements mentioned in the code; and\n(b) comply with any requirements prescribed by regulation.\n(3) A report mentioned in subsection (2) (a) must be in accordance with\nthe audit guidelines.\n","sortOrder":33},{"sectionNumber":"22J","sectionType":"section","heading":"Decision on application","content":"22J Decision on application\n(1) The registrar may grant a secure local jobs code certificate to an\napplicant if satisfied that the applicant—\n(a) is not prohibited from applying for a certificate under\nsection 22T; and\n(b) meets the requirements mentioned in the code.\n(2) The registrar may grant a certificate under subsection (1) for up to\n30 months.\n","sortOrder":34},{"sectionNumber":"22K","sectionType":"section","heading":"Conditions on secure local jobs code certificate","content":"22K Conditions on secure local jobs code certificate\n(1) A secure local jobs code certificate is subject to any conditions—\n(a) prescribed by regulation; or\n(b) imposed by the registrar.\n(2) The registrar may amend or remove any conditions imposed under\nsubsection (1) (b).\n\nDivision 2B.3 Secure local jobs code certificates and code\n","sortOrder":35},{"sectionNumber":"22L","sectionType":"section","heading":"Surrender of secure local jobs code certificate","content":"22L Surrender of secure local jobs code certificate\n(1) An entity that holds a secure local jobs code certificate may surrender\nthe entity’s certificate to the registrar by notifying the registrar in\nwriting.\n(2) However, an entity may surrender a certificate only if it is not\nrequired to hold the certificate under a procurement contract with a\nTerritory entity.\n(3) The registrar may request information from a Territory entity to\nenable the registrar to decide whether the entity that holds a secure\nlocal jobs code certificate is required to do so under a procurement\ncontract with the Territory entity.\n(4) A Territory entity must give the registrar the information requested\nunder subsection (3).\n","sortOrder":36},{"sectionNumber":"22M","sectionType":"section","heading":"Secure local jobs code","content":"22M Secure local jobs code\n(1) The Minister may make a code (the secure local jobs code) that sets\nout workplace standards and related requirements and that applies to\nan entity that holds a secure local jobs code certificate.\n(2) The code may include—\n(a) requirements for the entity to give a Territory entity and the\nregistrar—\n(i) the names of each of the entity’s subcontractors; and\n(ii) physical addresses, working hours, and contact details of a\ncontact person for each of the entity’s work sites, and its\nsubcontractor’s work sites; and\n(b) requirements for the entity to ensure that its subcontractors\ncomply with the requirements of the code for territory-funded\nwork as if the subcontractors were the entity; and\n(c) any other relevant matters.\n\nSecure local jobs code certificates and code Division 2B.3\n(3) The code may also include requirements for the registrar—\n(a) to keep records of the details mentioned in subsection (2) (a);\nand\n(b) to grant access to those records on request by an entity for the\npurpose of allowing the entity to exercise any right of entry the\nentity has under a law in force in the ACT.\n(4) The standards and requirements in the code must not be inconsistent\nwith the Fair Work Act 2009 (Cwlth) or any other Commonwealth\nlaw.\n(5) The code is a disallowable instrument.\n","sortOrder":37},{"sectionNumber":"22N","sectionType":"section","heading":"Secure local jobs code register","content":"22N Secure local jobs code register\n(1) The registrar must keep a register (the secure local jobs code register)\nthat lists the following:\n(a) the names of entities that hold secure local jobs code certificates\nand any conditions or exemptions on the certificates;\n(b) any action taken by the registrar under section 22T;\n(c) any other details prescribed by regulation.\n(2) The register must be accessible and searchable by the public.\n","sortOrder":38},{"sectionNumber":"22O","sectionType":"section","heading":"Approved auditors","content":"22O Approved auditors\n(1) The registrar may approve an entity to be an auditor for this part (an\napproved auditor).\n(2) The registrar must not approve an entity under subsection (1) unless\nsatisfied that—\n(a) the entity has appropriate qualifications and experience to\nenable the entity to exercise the functions of an approved auditor\nunder this part, including to conduct audits to check compliance\nwith the requirements in the code; and\n\n(b) the approval is in accordance with the audit guidelines.\n(3) The registrar must revoke the approval of an auditor if satisfied that\nthe auditor no longer meets the requirements under subsection (2).\n(4) The registrar must prepare and maintain a publicly-available list of\napproved auditors.\n","sortOrder":39},{"sectionNumber":"22P","sectionType":"section","heading":"Exemption from code","content":"22P Exemption from code\nThe registrar may, on application by an entity, exempt the entity from\na requirement of the code if the entity satisfies the registrar that\ncomplying with the requirement would result in the entity not\ncomplying with a Commonwealth law.\n","sortOrder":40},{"sectionNumber":"Subdiv 2B","sectionType":"subdivision","heading":"4.1 Compliance measures","content":"Subdivision 2B.4.1 Compliance measures\n","sortOrder":41},{"sectionNumber":"22Q","sectionType":"section","heading":"Complaints","content":"22Q Complaints\n(1) Anyone who believes on reasonable grounds that an entity that holds\na secure local jobs code certificate has failed to comply with the code\nmay make a complaint about the entity to the registrar.\n(2) A complaint must—\n(a) be in writing; and\n(b) comply with any guidelines made under section 22U (1) (b).\n(3) If a complaint also concerns a failure to comply with a law other than\nthis Act, the registrar may—\n(a) tell the complainant that they may make the complaint to the\nauthority responsible for administering the law; or\n(b) refer the complaint to that authority.\n\n(4) The registrar must not take further action on a complaint if satisfied\nthat the complaint—\n(a) lacks substance; or\n(b) is frivolous, vexatious or was not made in good faith; or\n(c) has been adequately dealt with.\n(5) The registrar must—\n(a) if the registrar decides to take no action on a complaint—tell the\ncomplainant about the registrar’s decision within 14 days after\nmaking the decision; and\n(b) if the registrar is satisfied that an entity the subject of the\ncomplaint has failed to comply with the code—tell the\ncomplainant about what action under section 22T (1) (a) to (e)\nthe registrar has taken against the entity the subject of the\ncomplaint within 14 days after taking the action.\n(6) Subsections (3) (a) and (5) do not apply if the complaint is made\nanonymously.\n","sortOrder":42},{"sectionNumber":"22R","sectionType":"section","heading":"Audits","content":"22R Audits\n(1) The registrar may appoint an approved auditor to conduct an audit of\nan entity that holds a secure local jobs code certificate if—\n(a) a complaint about the entity has been made under section 22Q;\nor\n(b) the registrar has reasonable grounds to suspect the entity has\nfailed to comply with the code.\n(2) The approved auditor must conduct an audit and give a report about\nwhether the entity meets the requirements under the code to the\nregistrar.\n(3) The audit and report must be in accordance with the audit guidelines.\n\n","sortOrder":43},{"sectionNumber":"22S","sectionType":"section","heading":"Requests for information","content":"22S Requests for information\n(1) The registrar may make a written request for relevant information\nfrom an entity that holds a secure local jobs code certificate in any of\nthe following circumstances:\n(a) the registrar is considering imposing a condition under\nsection 22K on the entity’s certificate;\n(b) the registrar has received a complaint under section 22Q about\nthe entity;\n(c) the registrar has appointed an auditor under section 22R (1) to\naudit the entity;\n(d) the registrar is considering a notification the registrar has\nreceived under section 22L;\n(e) the registrar is reviewing or considering the entity’s compliance\nwith the code.\n(2) The request must be in accordance with any guidelines made by the\nMinister under section 22U (1) (c).\n(3) An entity that holds a secure local jobs code certificate must comply\nwith a request for information under subsection (1) within 7 days after\nthe day of the request or within a longer time allowed by the registrar.\n(4) If an entity fails to comply with a request under subsection (1), the\nregistrar may take an action mentioned in section 22T (1) (a) to (e)\nagainst the entity.\n22SA Suspension etc pending registrar’s decision\n(1) This section applies if the registrar has reasonable grounds to suspect\nthat an entity that holds a secure local jobs code certificate may have\nfailed to comply with the code.\n\n(2) The registrar may, for a stated reasonable period—\n(a) suspend the entity’s certificate; or\n(b) impose or amend conditions on the entity’s certificate.\n","sortOrder":44},{"sectionNumber":"22T","sectionType":"section","heading":"Compliance","content":"22T Compliance\n(1) If the registrar is satisfied that an entity that holds a secure local jobs\ncode certificate has failed to comply with the code, the registrar may\ndo any of the following:\n(a) take no action;\n(b) cancel the entity’s secure local jobs code certificate immediately\nor from a stated date;\n(c) suspend the entity’s secure local jobs code certificate;\n(d) prohibit the entity from applying for a secure local jobs code\ncertificate for a period of up to 12 months;\n(e) impose or amend conditions on the entity’s secure local jobs\ncode certificate.\n(2) In deciding whether there has been a failure to comply with the code\nor whether to take any action under subsection (1), the registrar must\ntake into account any of the following:\n(a) an audit report under section 22R;\n(b) any relevant information from an authority mentioned in\nsection 22Q (3);\n(c) any relevant information referred to in section 22S (1);\n(d) any information, document or other thing obtained under\nsubdivision 2B.4.2 (Access to premises).\n\n","sortOrder":45},{"sectionNumber":"22U","sectionType":"section","heading":"Compliance guidelines","content":"22U Compliance guidelines\n(1) The Minister may make guidelines about any of the following:\n(a) matters relating to audits, including the following:\n(i) approval of auditors;\n(ii) appointment and allocation of auditors;\n(iii) the conduct of audits;\n(iv) the content of audit reports;\n(b) the making and handling of complaints about noncompliance\nwith the code;\n(c) requests for information under section 22S;\n(d) an authorised person’s access to premises under\nsubdivision 2B.4.2.\n(2) A guideline is a disallowable instrument.\nSubdivision 2B.4.2 Access to premises\n22UA Definitions—sdiv 2B.4.2\nIn this subdivision:\nauthorised person means a person appointed under section 22UB.\noccupier, of premises, means a person having the management or\ncontrol, or otherwise being in charge, of the premises.\npremises means any place at which an entity that holds a secure local\njobs code certificate—\n(a) carries out territory-funded work, including administrative\nwork; or\n(b) keeps records that relate to the territory-funded work.\n\n22UB Authorised people and identity cards\n(1) The registrar may appoint a public servant as an authorised person for\nthis subdivision.\n(2) The registrar must give an authorised person an identity card that\nstates the person’s name and appointment as an authorised person.\n(3) The identity card must show—\n(a) a recent photograph of the person; and\n(b) the card’s date of issue and expiry; and\n(c) anything else prescribed by regulation.\n22UC Entry to premises\n(1) For this division, an authorised person may—\n(a) at any reasonable time, enter premises that the public is entitled\nto use or that are open to the public; or\n(b) at any time, enter premises with the occupier’s consent; or\n(c) at any time, enter premises if the registrar suspects on reasonable\ngrounds that—\n(i) an entity has failed to comply with its obligations under the\ncode; and\n(ii) immediate entry to the premises is necessary to investigate\nif the entity has failed to comply.\n(2) However, subsection (1) (a) and (c) does not authorise entry into\npremises, or a part of the premises, that are used for residential\npurposes.\n(3) An authorised person may, without the occupier’s consent, enter the\nland around premises to ask for consent to enter premises.\n\n(4) To remove any doubt, an authorised person may enter premises under\nsubsection (1) without payment of an entry fee or other charge.\n22UD Production of identity card\nAn authorised person must not remain at premises entered under this\nsubdivision if the authorised person does not show their identity card\nwhen asked by the occupier.\n22UE Consent to entry\n(1) This section applies if an authorised person intends to ask the\noccupier of premises to consent to the authorised person entering the\npremises under section 22UC (1) (b).\n(2) Before asking for the consent, the authorised person must—\n(a) show the occupier the person’s identity card; and\n(b) tell the occupier—\n(i) the purpose of the entry; and\n(ii) that any information, document or other thing obtained\nunder this subdivision may be—\n(A) used as evidence for action to be taken under\nsection 22T; or\n(B) given to another authority under section 22UG and\nthat authority may use the information, document or\nother thing as evidence in court; and\n(iii) that consent may be refused.\n(3) If the occupier consents, the authorised person must ask the occupier\nto sign a written acknowledgment (an acknowledgment of\nconsent)—\n(a) that the occupier was told the matters mentioned in\nsubsection (2) (b); and\n\n(b) that the occupier consents to the entry; and\n(c) stating the time and date when consent was given.\n(4) If the occupier signs an acknowledgment of consent, the authorised\nperson must, as soon as practicable, give a copy to the occupier.\n(5) If information, a document or any other thing obtained under this\nsubdivision is used in a proceeding under a law in force in the\nTerritory, a court must find that an occupier did not consent to entry\nto premises by an authorised person if—\n(a) a question arises, in a proceeding in the court, whether the\noccupier consented to the entry; and\n(b) an acknowledgment of consent for the entry is not produced in\nevidence; and\n(c) it is not proved that the occupier consented to the entry.\n22UF General powers on entry to premises\n(1) An authorised person who enters premises under this subdivision\nmay, for this division, do 1 or more of the following in relation to the\npremises or anything at the premises:\n(a) inspect or examine;\n(b) copy, or take an extract from, any document relating to\nnoncompliance, or suspected noncompliance, with the code by\nan entity;\n(c) take photographs, films, or audio, video or other recordings;\n(d) require the occupier, or anyone else at the premises, to give\ninformation or answer questions;\n\n(e) require the occupier to produce a document or any other thing\n(whether the document or other thing is at the premises or\nelsewhere) that the occupier has, or has access to, reasonably\nneeded to exercise the authorised person’s powers under this\nsubdivision;\nNote It is an offence to make a false or misleading statement, give false\nor misleading information or produce a false or misleading\ndocument (see Criminal Code, pt 3.4).\n(f) require the occupier to give the authorised person copies of\ndocuments produced under paragraph (e);\n(g) require the occupier to give the authorised person reasonable\nhelp (at no cost) to exercise a power under this subdivision.\n(2) The registrar may take an action mentioned in\nsection 22T (1) (a) to (e) against an entity that holds a secure local\njobs code certificate if the entity—\n(a) fails to comply with a requirement made under\nsubsection (1) (d), (e), (f) or (g); or\n(b) obstructs or hinders an authorised person exercising a power\nunder this subdivision.\n22UG Disclosure of information\n(1) The registrar may give any information, document or other thing\nobtained under this subdivision to a responsible authority if the\nregistrar considers that—\n(a) the information, document or other thing is relevant to the\nexercise of the functions of the responsible authority; and\n(b) the disclosure of the information, document or other thing to the\nresponsible authority is appropriate.\n\nresponsible authority means an entity responsible for the\nadministration of a workplace law.\nworkplace law means—\n(a) a law of the Commonwealth, a State or the Territory that relates\nto workplace standards; and\n(b) any other law prescribed by regulation.\n22UH Damage etc to be minimised\nIn the exercise, or purported exercise, of a power under this\nsubdivision, an authorised person must take all reasonable steps to\nensure that the authorised person causes as little inconvenience,\ndetriment and damage as is practicable.\n22UI Protection from liability\n(1) An official is not civilly liable for anything done, or omitted to be\ndone, honestly and without recklessness—\n(a) in the exercise of a function under this division; or\n(b) in the reasonable belief that the act of omission was in the\nexercise of a function under this division.\n(2) Any civil liability that would, apart from this section, attach to the\nofficial attaches instead to the Territory.\nofficial means—\n(a) the registrar; or\n(b) an authorised person.\n\n","sortOrder":46},{"sectionNumber":"22V","sectionType":"section","heading":"Appointment of secure local jobs code registrar","content":"22V Appointment of secure local jobs code registrar\n(1) The Minister must appoint a public servant as the secure local jobs\ncode registrar.\nNote 1 For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\nNote 2 In particular, a person may be appointed for a particular provision of a\nlaw (see Legislation Act, s 7 (3)) and an appointment may be made by\nnaming a person or nominating the occupant of a position (see Legislation\nAct, s 207).\n(2) The registrar must be appointed for a term of not longer than 3 years.\nNote 1 A person may be reappointed to a position if the person is eligible to be\nappointed to the position (see Legislation Act, s 208 and dict, pt 1,\ndef appoint).\nNote 2 A person’s appointment also ends if the person resigns (see Legislation\nAct, s 210).\n(3) An appointment is a notifiable instrument.\n","sortOrder":47},{"sectionNumber":"22W","sectionType":"section","heading":"Functions of registrar","content":"22W Functions of registrar\n(1) The registrar has the following functions:\n(a) to promote an understanding and acceptance of, and compliance\nwith, this part;\n(b) to undertake research, and develop educational and other\nprograms, for the purpose of enabling holders of secure local\njobs code certificates to comply with the code;\n(c) to advise the Minister on any matter relevant to the operation of\nthis part;\n(d) to provide secretariat support to the council;\n\nSecure local jobs code registrar Division 2B.5\n(e) any other function given to the registrar under this Act or another\nterritory law.\nNote A provision of a law that gives an entity (including a person) a function\nalso gives the entity powers necessary and convenient to exercise the\nfunction (see Legislation Act, s 196 and dict, pt 1, def entity).\n(2) In exercising the registrar’s functions, the registrar is not subject to\ndirection by the director-general.\n","sortOrder":48},{"sectionNumber":"22X","sectionType":"section","heading":"Ministerial directions to registrar","content":"22X Ministerial directions to registrar\n(1) The Minister may give written directions to the registrar in relation to\nthe exercise of the registrar’s functions.\n(2) The registrar must comply with a direction given under\nsubsection (1).\n(3) The Minister must present a copy of any direction to the Legislative\nAssembly within 5 sitting days after the day the direction is given to\nthe registrar.\n","sortOrder":49},{"sectionNumber":"22Y","sectionType":"section","heading":"Delegation by registrar","content":"22Y Delegation by registrar\nThe registrar may delegate the registrar’s functions under this Act to\nanother public servant.\nNote For the making of delegations and the exercise of delegated functions,\nsee the Legislation Act, pt 19.4.\n\nDivision 2B.6 Secure local jobs code advisory council\nDivision 2B.6 Secure local jobs code advisory\ncouncil\n22Z Establishment of council\nThe Secure Local Jobs Code Advisory Council is established.\n22ZA Functions of council\nThe council has the following functions:\n(a) to advise the Minister about—\n(i) matters relating to the operation of this part; and\n(ii) anything else in relation to local jobs and procurement by\nTerritory entities requested by the Minister;\n(b) any other function given to the council under this Act.\nNote A provision of a law that gives an entity (including a person) a function\nalso gives the entity powers necessary and convenient to exercise the\nfunction (see Legislation Act, s 196 and dict, pt 1, def entity).\n22ZB Membership of council\n(1) The council consists of—\n(a) the registrar; and\n(b) 3 members appointed by the Minister after consultation with the\npeople or bodies that the Minister considers represent the\ninterests of employees; and\n(c) 3 other members appointed by the Minister, who the Minister\nconsiders have the appropriate qualifications or experience to\nassist the council to exercise its functions.\n(2) A person must be appointed to the council for not longer than 3 years.\n\nSecure local jobs code advisory council Division 2B.6\n(3) The registrar is—\n(a) the chair of the council; and\n(b) a non-voting member of the council.\n22ZC Procedures of council\n(1) Meetings of the council are to be held when and where the council\ndecides.\n(2) The council may conduct its proceedings (including its meetings) as\nit considers appropriate.\n(3) The council may publish its considerations as the council considers\nappropriate.\n22ZD Review of pt 2B\n(1) The council must review the operation of this part before the end of\nits 2nd year of operation.\n(2) In the review, the council must consider—\n(a) compliance with the code and other requirements; and\n(b) the coverage of the provisions including the procurements\nsubject to the provisions; and\n(c) complaints and disputes.\n(3) The council must present a report of the review to the Minister within\n6 months after the day the review was started.\n\n","sortOrder":50},{"sectionNumber":"23","sectionType":"section","heading":"Application—pt 3","content":"23 Application—pt 3\nThis part applies to a procurement contract, other than a contract—\n(a) with a consideration of at least $10 000 (or, if another amount is\nprescribed by regulation, the other amount); and\n(b) that states that this part does not apply to it.\n","sortOrder":51},{"sectionNumber":"24","sectionType":"section","heading":"Definitions—pt 3","content":"24 Definitions—pt 3\ncommercial account means an account given to a Territory entity for\nthe payment of money under a procurement contract.\nExamples of payments\na deposit, part payment, instalment payment or a bond or other refundable money\npayment date, for a commercial account, means—\n(a) the day worked out in accordance with the contract as the day\nwhen the account is payable; or\n(b) in any other case—the day on which the account is received by\nthe Territory entity.\nrelevant date, for the payment of a commercial account, means the\n25th day of the calendar month after the calendar month in which the\npayment date for payment of the account happens.\nNote Calendar month—see the Legislation Act, dictionary, pt 1.\n","sortOrder":52},{"sectionNumber":"25","sectionType":"section","heading":"Interest on unpaid accounts","content":"25 Interest on unpaid accounts\n(1) This section applies if—\n(a) a Territory entity does not pay a commercial account in full by\nthe relevant date for the account; and\n\nInterest on commercial accounts Part 3\n(b) the person to whom the account is payable requests, in writing,\nthat the Territory entity pay interest on the amount of the account\nthat remains unpaid from time to time after the payment date.\n(2) The Territory entity is liable to pay the creditor a further amount by\nway of interest on the amount of the account that remains unpaid from\ntime to time.\n(3) Interest is payable at the rate worked out in accordance with the rules\nunder the Court Procedures Act 2004 applying to the Supreme Court\nas if the unpaid amount were a judgment of the Supreme Court.\n(4) If payment of the account is made by mail, the payment is taken to be\nmade when it is posted.\n","sortOrder":53},{"sectionNumber":"26","sectionType":"section","heading":"Exclusion of inconsistent contractual terms","content":"26 Exclusion of inconsistent contractual terms\nA term in a procurement contract is void if—\n(a) for a contract with a total consideration worth less than the\nprescribed amount for section 23—the term excludes the\napplication of this part to the contract; or\n(b) the term provides for the payment of interest on an unpaid\ncommercial account that has been rendered under the contract.\n","sortOrder":54},{"sectionNumber":"27","sectionType":"section","heading":"Availability of funds to pay interest","content":"27 Availability of funds to pay interest\n(1) Interest payable under this part is payable whether or not there is an\nappropriation available for the purpose.\n(2) If a commercial account is payable out of a trust banking account\nunder the Financial Management Act 1996, section 51 (Directorate\ntrust banking accounts), any interest payable under this part for the\naccount is also payable out of the account.\n\n","sortOrder":55},{"sectionNumber":"28","sectionType":"section","heading":"Government Procurement Board","content":"28 Government Procurement Board\nThere is an Australian Capital Territory Government Procurement\nBoard.\n","sortOrder":56},{"sectionNumber":"29","sectionType":"section","heading":"Purpose and functions of board","content":"29 Purpose and functions of board\n(1) The purpose of the board, through the exercise of its functions, is to\nprovide strategic direction in relation to procurement for the\nTerritory.\n(2) The functions of the board are—\n(a) to review—\n(i) procurements of a kind prescribed by regulation; and\n(ii) government procurement practices; and\nNote Government procurement practices are practices, policies\nor procedures to be used by Territory entities for\nundertaking procurements (see s 43 (1)).\n(b) if required, to make recommendations, in writing, to Territory\nentities in relation to procurements reviewed under\nparagraph (a) (i);\n(c) if appropriate, endorse government procurement practices\nreviewed under paragraph (a) (ii); and\n(d) to recommend that the Minister give a direction about\ngovernment procurement practices to Territory entities under\nsection 43; and\n(e) to provide advice to the Minister on any issue relevant to\nprocurements by Territory entities or the operation of this Act;\nand\n\n(f) to exercise any other function given to the board under this Act\nor any other territory law.\nNote A provision of a law that gives an entity a function also gives the entity\npowers necessary and convenient to exercise the function (see Legislation\nAct, s 196).\n","sortOrder":57},{"sectionNumber":"30","sectionType":"section","heading":"Recommendations of board","content":"30 Recommendations of board\n(1) If the board makes a recommendation under section 29 (2) (b) to a\nTerritory entity in relation to a procurement, the Territory entity must\nexplain to the board, in writing, how the Territory entity has, or\nintends to, address the board’s recommendation.\n(2) If the board considers that the Territory entity has not addressed, or\nnot adequately addressed, the board’s recommendation, the board\nmust make a further recommendation in relation to the matter to the\nresponsible chief executive officer for the Territory entity.\n(3) If the board makes a further recommendation to the responsible chief\nexecutive officer for the Territory entity under subsection (2), the\nofficer must explain to the board, in writing, how the board’s further\nrecommendation has been, or will be, addressed before the\nprocurement is undertaken or, if the procurement has commenced,\ncontinues to be undertaken.\n(4) If the procurement is in the planning period and the board considers\nthat its further recommendation has not been addressed, or not been\nadequately addressed, the board must refer the matter to the\nresponsible Minister for the Territory entity.\n(5) In this section:\nplanning period, in relation to a procurement, means the period\nbefore a Territory entity seeks quotations or invites tenders for the\nprocurement.\n\nresponsible Minister, for a Territory entity, means—\n(a) for a Territory entity that is a directorate or a territory\nauthority—see the Financial Management Act 1996, dictionary;\nor\n(b) in any other case—a Minister nominated by the Minister\nadministering this Act.\n","sortOrder":58},{"sectionNumber":"31","sectionType":"section","heading":"Ministerial directions to board","content":"31 Ministerial directions to board\n(1) The Minister may give written directions to the board about the\nexercise of its functions.\n(2) However, the Minister must not give written directions to the board\nabout the exercise of its functions in relation to the following\nTerritory entities:\n(a) the Office of the Legislative Assembly;\n(b) an officer of the Assembly.\n(3) Before giving a direction, the Minister must—\n(a) tell the board of the intent of the proposed direction; and\n(b) give the board a reasonable opportunity to comment on the\nproposed direction; and\n(c) consider any comments made by the board.\n(4) The Minister must present a copy of a direction given under this\nsection to the Legislative Assembly within 6 sitting days after it is\ngiven.\n(5) The board must comply with a direction given to it under this section.\n(6) For the Competition and Consumer Act 2010 (Cwlth), this Act\nauthorises—\n(a) the giving of a direction under this section; and\n\n(b) the doing of, or the failure to do, anything by the board to\ncomply with a direction under this section.\n","sortOrder":59},{"sectionNumber":"32","sectionType":"section","heading":"Constitution of board","content":"32 Constitution of board\nThe board consists of the following 9 part-time members:\n(a) the chairperson;\n(b) the deputy chairperson;\n(c) 3 public employee members;\n(d) 4 non-public employee members.\n","sortOrder":60},{"sectionNumber":"33","sectionType":"section","heading":"Board members—appointment","content":"33 Board members—appointment\n(1) The members are to be appointed by the Minister.\n(2) A person appointed as chairperson or as a non-public employee\nmember must not be a public employee.\n(3) A person appointed as deputy chairperson or as a public employee\nmember must be a public employee.\n(4) The instrument appointing, or evidencing the appointment of, a\nmember must state whether the member is appointed as chairperson,\ndeputy chairperson, a public employee member or a non-public\nemployee member.\n","sortOrder":61},{"sectionNumber":"34","sectionType":"section","heading":"Board members—conditions of appointment","content":"34 Board members—conditions of appointment\nA regulation may prescribe—\n(a) a member’s term of appointment; and\n(b) any conditions on which a member is appointed in relation to\nmatters not provided for by this part.\n\n","sortOrder":62},{"sectionNumber":"35","sectionType":"section","heading":"Board members—abuse of position","content":"35 Board members—abuse of position\n(1) A person commits an offence if—\n(a) the person uses information gained because of being a member\nof the board; and\n(b) the person does so with the intention of dishonestly obtaining a\nbenefit for the person or someone else.\nMaximum penalty: imprisonment for 5 years.\n(2) A person commits an offence if—\n(a) the person has stopped being a member of the board; and\n(b) the person uses information that the person obtained because of\nbeing a member; and\n(c) the person does so with the intention of dishonestly obtaining a\nbenefit for the person or someone else.\nMaximum penalty: imprisonment for 5 years.\ndishonestly—a person acts dishonestly if—\n(a) the person’s conduct is dishonest according to the standards of\nordinary people; and\n(b) the person knows that the conduct is dishonest according to\nthose standards.\n","sortOrder":63},{"sectionNumber":"36","sectionType":"section","heading":"Board members—ending appointment","content":"36 Board members—ending appointment\n(1) The Minister must end the appointment of the chairperson or a non-\npublic employee member if the member becomes a public employee.\n(2) The Minister must end the appointment of the deputy chairperson or\na public employee member if the person stops being a public\nemployee.\n\n(3) The Minister may end the appointment of any member—\n(a) for misbehaviour or physical or mental incapacity; or\n(b) if the member—\n(i) becomes bankrupt or personally insolvent; or\n(ii) is absent, other than on leave approved by the Minister,\nfrom 3 consecutive meetings of the board; or\n(iii) commits an offence against section 35 (Board members—\nabuse of position) or an indictable offence; or\n(c) for a reason prescribed by regulation.\n\nPart 5 Notification and review of decisions\nPart 5 Notification and review of\ndecisions\n37 Meaning of reviewable decision—pt 5\nreviewable decision means a decision mentioned in schedule 2,\ncolumn 3 under a provision of this Act mentioned in column 2 in\nrelation to the decision.\n","sortOrder":64},{"sectionNumber":"38","sectionType":"section","heading":"Reviewable decision notices","content":"38 Reviewable decision notices\nIf the registrar makes a reviewable decision, the registrar must give a\nreviewable decision notice to each entity mentioned in schedule 2,\ncolumn 4 in relation to the decision.\n","sortOrder":65},{"sectionNumber":"39","sectionType":"section","heading":"Applications for review","content":"39 Applications for review\nAn entity mentioned in schedule 2, column 4 in relation to a\nreviewable decision may apply to the ACAT for review of the\ndecision.\n","sortOrder":66},{"sectionNumber":"40","sectionType":"section","heading":"Applications for review by complainant","content":"40 Applications for review by complainant\n(1) This section applies if a complainant applies to the ACAT for review\nof a reviewable decision in relation to an entity that holds a secure\nlocal jobs code certificate (the affected entity).\n(2) The registrar must, within 7 days after receiving the complainant’s\napplication for review, give the affected entity—\n(a) written notice stating that—\n(i) the complainant has made an application to the ACAT; and\n(ii) the affected entity may, within 7 days after the registrar’s\nnotice is given, apply to the ACAT to be joined as a new\nparty to the application; and\n\nNotification and review of decisions Part 5\n(b) a copy of the application; and\n(c) any notice given by the ACAT in relation to the application.\n(3) If an affected entity makes an application under subsection (2) (b),\nthe ACAT must join the entity as a new party to the complainant’s\napplication.\n\n","sortOrder":67},{"sectionNumber":"41","sectionType":"section","heading":"Amounts inclusive of GST","content":"41 Amounts inclusive of GST\nAn amount mentioned in this Act is inclusive of any GST payable in\nrelation to the amount.\nNote A reference to an Act includes a reference to any regulation or other\nstatutory instrument made or in force under the Act (see Legislation Act,\ns 104).\n","sortOrder":68},{"sectionNumber":"42","sectionType":"section","heading":"Government procurement rules","content":"42 Government procurement rules\n(1) The Minister may make rules in relation to procurements undertaken\nby Territory entities (the government procurement rules).\nrules to ensure a procurement is undertaken with probity\n(2) A Territory entity must comply with any government procurement\nrules when exercising a function in relation to procurement.\n(3) The government procurement rules are a disallowable instrument.\nTerritory entity does not include—\n(a) the Office of the Legislative Assembly; and\n(b) an officer of the Assembly.\n","sortOrder":69},{"sectionNumber":"43","sectionType":"section","heading":"Government procurement practices","content":"43 Government procurement practices\n(1) The Minister may give directions about practices, policies or\nprocedures to be used by Territory entities for undertaking\nprocurements (government procurement practices).\n(2) A Territory entity must comply with any direction when exercising a\nfunction in relation to procurement.\n\nMiscellaneous Part 7\n(3) A direction is a notifiable instrument.\nTerritory entity—see section 42 (4).\n","sortOrder":70},{"sectionNumber":"44","sectionType":"section","heading":"Compliance with Act—annual reporting","content":"44 Compliance with Act—annual reporting\n(1) The responsible chief executive officer for a Territory entity must\nensure that the Territory entity complies with this Act.\n(2) A Territory entity must, for each reporting year, prepare a report\n(a compliance report) about the Territory entity’s compliance with\nthis Act during the year, including—\n(a) a statement about whether the Territory entity has complied with\nthis Act during the year; and\n(b) if the Territory entity has not complied with this Act during the\nyear—details about how and why the entity has not complied\nwith this Act.\n(3) The Territory entity must—\n(a) if the Territory entity is required to prepare an annual report\nunder the Annual Reports (Government Agencies) Act 2004—\ninclude the compliance report in the entity’s annual report for\nthe reporting year; or\n(b) in any other case—make the report publicly available.\nExample—publicly available\npublished on the entity’s website\nannual report—see the Annual Reports (Government Agencies)\nAct 2004, dictionary.\n\nreporting year—\n(a) if a Territory entity is required to prepare an annual report under\nthe Annual Reports (Government Agencies) Act 2004—see that\nAct, dictionary; or\n(b) in any other case—means a financial year.\n","sortOrder":71},{"sectionNumber":"45","sectionType":"section","heading":"Regulation-making power","content":"45 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) A regulation may provide that—\n(a) prescribed things are, or are not, goods or services for this Act;\nand\n(b) prescribed kinds of procurements or procurement matters are\nexempt from this Act.\n(3) A regulation may create offences and fix maximum penalties of not\nmore than 10 penalty units for the offences.\n\nTransitional—Government Procurement Amendment Act 2024 Part 12\n","sortOrder":72},{"sectionNumber":"Part 12","sectionType":"part","heading":"Transitional—Government","content":"Part 12 Transitional—Government\nProcurement Amendment\nAct 2024\n","sortOrder":73},{"sectionNumber":"105","sectionType":"section","heading":"Instruments under pre-amendment Act and regulation","content":"105 Instruments under pre-amendment Act and regulation\n(1) An appointment under the pre-amendment Act, section 12\n(Appointment of members) that is in force immediately before the\ncommencement day—\n(a) is taken to be an appointment under this Act, section 33; and\n(b) continues in force after the commencement day as if it were an\nappointment made under section 33 until the end of the term of\nthe appointment, unless ended earlier.\n(2) A delegation under the pre-amendment Act, section 35 (Grounds for\nconfidentiality of information), that is in force immediately before the\ncommencement day, is taken to be a delegation under this Act,\nsection 18.\n(3) A direction made under the pre-amendment regulation, section 13\n(Procurement procedure), that is in force immediately before the\ncommencement day, is taken to be a direction under this Act,\nsection 43.\ncommencement day means the day the Government Procurement\nAmendment Act 2024, section 3 commences.\npre-amendment Act means this Act as in force immediately before\nthe commencement day.\npre-amendment regulation means the regulation for this Act as in\nforce immediately before the commencement day.\n\nPart 12 Transitional—Government Procurement Amendment Act 2024\n","sortOrder":74},{"sectionNumber":"106","sectionType":"section","heading":"Transitional regulations","content":"106 Transitional regulations\nA regulation may prescribe transitional matters necessary or\nconvenient to be prescribed because of the enactment of the\nGovernment Procurement Amendment Act 2024.\n","sortOrder":75},{"sectionNumber":"107","sectionType":"section","heading":"Expiry—pt 12","content":"107 Expiry—pt 12\nThis part expires 2 years after the day it commences.\nNote A transitional provision is repealed on its expiry but continues to have\neffect after its repeal (see Legislation Act, s 88).\n\nModel confidentiality clause Schedule 1\n","sortOrder":76},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Model confidentiality clause","content":"Schedule 1 Model confidentiality clause\n(see s 19)\nM Confidentiality obligations of Territory\n(1) In this contract, confidential information means [list of the kinds of\ninformation to be kept confidential].\n(2) In giving effect to the principles of open and accountable government,\nthe Territory may disclose documents and information unless it has\notherwise agreed, or is otherwise required under law, to keep the\ninformation confidential.\n(3) Except as provided in this contract, the Territory must not disclose\nthe confidential information to anyone without the prior written\nconsent [insert the name of the party or the party’s representative]\n(which consent will not be unreasonably withheld) except if the\nconfidential information—\n(a) is required or authorised to be disclosed under law; or\n(b) is reasonably necessary for the enforcement of the criminal law;\nor\n(c) is disclosed to the Territory’s solicitors, auditors, insurers or\nadvisers; or\n(d) is generally available to the public; or\n(e) is in the possession of the Territory without restriction in relation\nto disclosure before the date of receipt from [insert the name of\nthe party or the party’s representative]; or\n(f) is disclosed by the responsible Minister in reporting to the\nLegislative Assembly or its committees; or\n(g) is disclosed to the ombudsman or for a purpose in relation to the\nprotection of the public revenue; or\n(h) is disclosed to the integrity commissioner.\n\nSchedule 1 Model confidentiality clause\n(4) The Government Procurement Act 2001, part 2 (Notifiable contracts\nand notifiable invoices) applies to this contract.\n(5) The following grounds mentioned in that Act, section 18 (1) and (2)\napply to this clause: [list relevant grounds].\n\nReviewable decisions Schedule 2\n","sortOrder":77},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Reviewable decisions","content":"Schedule 2 Reviewable decisions\n(see pt 5)\nitem\n1 22J decision not to grant secure\napplicant\n2 22K (1) (b)\nand (2)\ndecision to impose, amend or\nremove condition on secure\n3 22SA (2) (a) decision to suspend secure\nincluding decision to suspend\n22Q\n4 22SA (2) (a) decision to suspend secure\n22Q\n5 22SA (2) (a) decision not to suspend secure\n22Q\n6 22SA (2) (b) decision to impose conditions\non secure local jobs code\ncertificate including decision\nto impose conditions\n22Q\n7 22SA (2) (b) decision to impose, amend or\nremove conditions on secure\n22Q\n\nSchedule 2 Reviewable decisions\nitem\n8 22SA (2) (b) decision not to impose or\namend conditions on secure\n22Q\n9 22T (1) (a) decision to take no action\n22Q\n10 22T (1) (b) decision to cancel secure local\njobs code certificate including\ndecision to cancel following\n11 22T (1) (b) decision to cancel secure local\n12 22T (1) (b) decision not to cancel secure\n22Q\n13 22T (1) (c) decision to suspend secure\nincluding decision to suspend\n22Q\n14 22T (1) (c) decision to suspend secure\n22Q\n15 22T (1) (c) decision not to suspend secure\n22Q\n\nReviewable decisions Schedule 2\nitem\n16 22T (1) (d) decision to prohibit\njobs code certificate including\ndecision to prohibit following\nentity that is prohibited from\nmaking application\n17 22T (1) (d) decision to prohibit\n18 22T (1) (d) decision not to prohibit\n19 22T (1) (e) decision to impose or amend\nconditions on secure local jobs\ncode certificate including\ndecision to impose or amend\nconditions following\n20 22T (1) (e) decision to impose, amend or\nremove conditions on secure\n22Q\n21 22T (1) (e) decision not to impose or\namend conditions on secure\n22Q\n\n(see s 2)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 In particular, the Legislation Act, dict, pt 1, defines the following terms:\n• ACT\n• administrative unit\n• appoint\n• auditor-general\n• bankrupt or personally insolvent\n• body\n• Commonwealth\n• Corporations Act\n• director-general (see s 163)\n• entity\n• establish\n• fail\n• GST\n• head of service\n• integrity commissioner\n• may (see s 146)\n• Minister (see s 162)\n• must (see s 146)\n• Office of the Legislative Assembly\n• officer of the Assembly\n• public employee\n• public servant\n• State\n• territory instrumentality\n• territory-owned corporation\n• the Territory.\n\napproved auditor, for part 2B (Secure local jobs code)—see\nsection 22O.\naudit guidelines, for part 2B (Secure local jobs code)—see\nsection 22E.\nauthorised person, for subdivision 2B.4.2 (Access to premises)—see\nsection 22UA.\nboard means the Australian Capital Territory Government\nProcurement Board established under section 28.\nchairperson means the chairperson of the board.\ncode, for part 2B (Secure local jobs code)—see section 22E.\ncommercial account, for part 3 (Interest on commercial accounts)—\nsee section 24.\ncomplainant means a person who makes a complaint under\nsection 22Q (1) in relation to an entity that holds a secure local jobs\ncode certificate.\nconfidential text, of a notifiable contract, for part 2 (Notifiable\ncontracts and notifiable invoices)—see section 16.\nconstruction work—see the Work Health and Safety\nRegulation 2011, section 289.\ncontract includes a contract as amended.\ncouncil, for part 2B (Secure local jobs code)—see section 22E.\ndeputy chairperson means the deputy chairperson of the board.\ndirectorate––see the Financial Management Act 1996, dictionary.\ngoods includes intellectual property.\ngoods or services includes goods or services related to construction\nwork.\nNote A regulation may provide that prescribed things are, or are not, goods or\nservices for this Act (see s 45 (2) (b)).\n\ngovernment procurement rules—see section 42 (1).\ngovernment procurement practices—see section 43 (1).\nmember means—\n(a) the chairperson; or\n(b) the deputy chairperson; or\n(c) a public employee member; or\n(d) a non-public employee member.\nnotifiable contract, for part 2 (Notifiable contracts and notifiable\ninvoices)—see section 12.\nnotifiable invoice, for part 2 (Notifiable contracts and notifiable\ninvoices)—see section 13.\noccupier, of premises, for subdivision 2B.4.2 (Access to premises)—\nsee section 22UA.\npayment date, for a commercial account, for part 3 (Interest on\ncommercial accounts)—see section 24.\npremises, for subdivision 2B.4.2 (Access to premises)—see\nsection 22UA.\nprobity—see section 7.\nprocurement—see section 5.\nprocurement contract—see section 9.\nregister—see section 14 (1).\nregistrar, for part 2B (Secure local jobs code)—see section 22E.\nrelevant Assembly committee, for a provision, means a standing\ncommittee of the Legislative Assembly nominated, in writing, by the\nSpeaker for the provision.\nrelevant date, for the payment of a commercial account, for part 3\n(Interest on commercial accounts)—see section 24.\n\nresponsible chief executive officer, for a Territory entity, means––\n(a) if the entity is a directorate—the responsible director-general of\nthe directorate under the Financial Management Act 1996; or\n(b) if the entity is the Office of the Legislative Assembly—the clerk\nof the Legislative Assembly; or\n(c) if the entity is an officer of the Assembly—the officer; or\n(d) if the entity is a territory authority—the chief executive officer\nof the authority under the Financial Management Act 1996; or\n(e) if the entity is prescribed by regulation—the person prescribed\nby regulation.\nresponsible Territory entity, for a procurement contract, means—\n(a) the Territory entity that is, or will be, responsible for the\nadministration of the contract; or\n(b) if a Territory entity administers, or will administer, the contract\nfor another Territory entity—the other Territory entity.\nreviewable decision, for part 5 (Notification and review of\ndecisions)—see section 37.\nsecure local jobs code, for part 2B (Secure local jobs code)—see\nsection 22M.\nsecure local jobs code certificate, for part 2B (Secure local jobs\ncode)—see section 22E.\nsecure local jobs code register, for part 2B (Secure local jobs code)—\nsee section 22N.\nstanding-offer arrangement means an arrangement or agreement to\nsupply stated goods or services on agreed terms, including pricing,\nthat may be procured from time to time during a period stated in the\narrangement or agreement.\ncommon use arrangement, deed of standing offer, head agreement\n\ntenderer, in relation to a procurement, means an entity that submits a\nquote, tender or other response in relation to the procurement.\nTerritory entity—see section 6.\nterritory-funded work, for part 2B (Secure local jobs code)—see\nsection 22F.\nvalue for money—see section 8 (1).\nworkplace standards, of an entity, for part 2B (Secure local jobs\ncode)—see section 22E.\n\nAbout the endnotes 1\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nGovernment Procurement Act 2001 A2001-28\nnotified 24 May 2001 (Gaz 2001 No 21)\ncommenced 24 May 2001 (s 2)\nas amended by\nStatute Law Amendment Act 2002 A2002-30 pt 3.33\nnotified LR 16 September 2002\ns 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))\npt 3.33 commenced 17 September 2002\nGovernment Procurement Amendment Act 2003 A2003-22\nnotified LR 19 May 2003\ns 1, s 2 commenced 19 May 2003 (LA s 75 (1))\nremainder commenced 1 July 2003 (s 2 and CN2003-4)\nAnnual Reports Legislation Amendment Act 2004 A2004-9 sch 1\npt 1.17\nnotified LR 19 March 2004\ns 1, s 2 commenced 19 March 2004 (LA s 75 (1))\nsch 1 pt 1.17 commenced 13 April 2004 (s 2 and see Annual Reports\n(Government Agencies) Act 2004 A2004-8, s 2 and CN2004-5)\nCourt Procedures (Consequential Amendments) Act 2004 A2004-60\nsch 1 pt 1.27\nnotified LR 2 September 2004\ns 1, s 2 commenced 2 September 2004 (LA s 75 (1))\nsch 1 pt 1.27 commenced 10 January 2005 (s 2 and see Court\nProcedures Act 2004 A2004-59, s 2 and CN2004-29)\nGovernment Procurement Amendment Act 2005 A2005-1\nnotified LR 22 February 2005\ns 1, s 2 commenced 22 February 2005 (LA s 75 (1))\nremainder commenced 23 February 2005 (s 2)\nGovernment Procurement Amendment Act 2007 A2007-11\nnotified LR 13 June 2007\ns 1, s 2 commenced 13 June 2007 (LA s 75 (1))\nremainder commenced 1 October 2007 (s 2 and CN2007-14)\n\nLegislation history 3\nStatute Law Amendment Act 2008 A2008-28 sch 1 pt 1.3\nnotified LR 12 August 2008\ns 1, s 2 commenced 12 August 2008 (LA s 75 (1))\nsch 1 pt 1.3 commenced 26 August 2008 (s 2)\nStatute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.34\nnotified LR 26 November 2009\ns 1, s 2 commenced 26 November 2009 (LA s 75 (1))\nsch 3 pt 3.34 commenced 17 December 2009 (s 2)\nFair Trading (Australian Consumer Law) Amendment Act 2010\nA2010-54 sch 3 pt 3.10\nnotified LR 16 December 2010\ns 1, s 2 commenced 16 December 2010 (LA s 75 (1))\nsch 3 pt 3.10 commenced 1 January 2011 (s 2 (1))\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.73\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.73 commenced 1 July 2011 (s 2 (1))\nGovernment Procurement Amendment Act 2012 A2012-11\nnotified LR 4 April 2012\ns 1, s 2 commenced 4 April 2012 (LA s 75 (1))\nremainder commenced 5 April 2012 (s 2)\nLegislative Assembly (Office of the Legislative Assembly) Act 2012\nA2012-26 sch 1 pt 1.4\nnotified LR 24 May 2012\ns 1, s 2 commenced 24 May 2012 (LA s 75 (1))\nsch 1 pt 1.4 commenced 1 July 2012 (s 2)\nOfficers of the Assembly Legislation Amendment Act 2013 A2013-41\nsch 1 pt 1.3\nnotified LR 7 November 2013\ns 1, s 2 commenced 7 November 2013 (LA s 75 (1))\nsch 1 pt 1.3 commenced 1 July 2014 (s 2)\n\nStatute Law Amendment Act 2014 (No 2) A2014-44 sch 3 pt 3.5\nnotified LR 5 November 2014\ns 1, s 2 commenced 5 November 2014 (LA s 75 (1))\nsch 3 pt 3.5 commenced 19 November 2014 (s 2)\nJustice and Community Safety Legislation Amendment Act 2014\n(No 2) A2014-49 sch 1 pt 1.7\nnotified LR 10 November 2014\ns 1, s 2 commenced 10 November 2014 (LA s 75 (1))\nsch 1 pt 1.7 commenced 17 November 2014 (s 2)\nGovernment Procurement (Transparency in Spending) Amendment\nAct 2015 A2015-14 pt 2\nnotified LR 20 May 2015\ns 1, s 2 commenced 20 May 2015 (LA s 75 (1))\ns 4, so far as it inserts s 42C (1) (e), commenced 1 July 2017 (s 2 (2) (b)\nand CN2016-12)\npt 2 remainder commenced 1 July 2015 (s 2 (1))\nAnnual Reports (Government Agencies) Amendment Act 2015\nA2015-16 sch 1 pt 1.14\nnotified LR 27 May 2015\ns 1, s 2 commenced 27 May 2015 (LA s 75 (1))\nsch 1 pt 1.14 commenced 3 June 2015 (s 2)\nPublic Sector Management Amendment Act 2016 A2016-52 sch 1\npt 1.32\nnotified LR 25 August 2016\ns 1, s 2 commenced 25 August 2016 (LA s 75 (1))\nsch 1 pt 1.32 commenced 1 September 2016 (s 2)\nFreedom of Information Act 2016 A2016-55 sch 4 pt 4.12 (as am by\nA2017-14 s 19)\nnotified LR 26 August 2016\ns 1, s 2 commenced 26 August 2016 (LA s 75 (1))\nsch 4 pt 4.12 commenced 1 January 2018 (s 2 as am by A2017-14\ns 19)\n\nLegislation history 3\nJustice and Community Safety Legislation Amendment Act 2017\n(No 2) A2017-14 s 19\nnotified LR 17 May 2017\ns 1, s 2 commenced 17 May 2017 (LA s 75 (1))\ns 19 commenced 24 May 2017 (s 2 (1))\nNote This Act only amends the Freedom of Information Act 2016\nA2016-55.\nGovernment Procurement (Financial Integrity) Amendment Act 2017\nA2017-40\nnotified LR 13 November 2017\ns 1, s 2 commenced 13 November 2017 (LA s 75 (1))\nremainder commenced 1 July 2018 (s 2)\nGovernment Procurement (Secure Local Jobs) Amendment Act 2018\nnotified LR 7 November 2018\ns 1, s 2 commenced 7 November 2018 (LA s 75 (1))\nsch 1 commenced 7 November 2019 (s 2 (3))\nremainder commenced 15 January 2019 (s 2 (1))\nIntegrity Commission Act 2018 A2018-52 sch 1 pt 1.12 (as am by\nA2019-18 s 4)\nnotified LR 11 December 2018\ns 1, s 2 commenced 11 December 2018 (LA s 75 (1))\nsch 1 pt 1.12 commenced 1 July 2019 (s 2 (1) as am by A2019-18 s 4)\nIntegrity Commission Amendment Act 2019 A2019-18 s 4\nnotified LR 14 June 2019\ns 1, s 2 commenced 14 June 2019 (LA s 75 (1))\ns 4 commenced 1 July 2019 (s 2 (1))\nNote This Act only amends the Integrity Commission Act 2018\nA2018-52.\nGovernment Procurement Amendment Act 2022 A2022-1 pt 2\nnotified LR 16 February 2022\ns 1, s 2 commenced 16 February 2022 (LA s 75 (1))\npt 2 commenced 1 March 2022 (s 2)\n\nLegislation (Legislative Assembly Committees) Amendment Act 2022\nA2022-4 sch 1 pt 1.11\nnotified LR 30 March 2022\ns 1, s 2 commenced 30 March 2022 (LA s 75 (1))\nsch 1 pt 1.11 commenced 6 April 2022 (s 2)\nPlanning (Consequential Amendments) Act 2023 A2023-36 sch 1\npt 1.32\nnotified LR 29 September 2023\ns 1, s 2 commenced 29 September 2023 (LA s 75 (1))\nsch 1 pt 1.32 commenced 27 November 2023 (s 2 (1) and see\nPlanning Act 2023 A2023-18, s 2 (2) and CN2023-10)\nGovernment Procurement Amendment Act 2024 A2024-2\nnotified LR 19 February 2024\ns 1, s 2 commenced 19 February 2024 (LA s 75 (1))\nremainder commenced 1 July 2024 (s 2)\nWorkplace Legislation Amendment Act 2025 A2025-18 pt 2\nnotified LR 2 July 2025\ns 1, s 2 commenced 2 July 2025 (LA s 75 (1))\npt 2 commenced 9 July 2025 (s 2 (1))\nStatute Law Amendment Act 2025 A2025-29 sch 4 pt 4.88\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 4 pt 4.88 commenced 16 December 2025 (s 2 (6))\n\nLong title\nlong title sub A2003-22 amdt 1.1; A2007-11 s 4; A2024-2 s 5\ns 2 om R1 (LA s 89 (4))\nins A2003-22 s 4\nam A2024-2 s 6\nMeaning of procurement\ns 2A ins A2007-11 s 5\nNotes\ns 3 orig s 3\nam A2002-30 amdt 3.387\nsub A2003-22 s 4\nam A2007-11 s 6; A2012-26 amdt 1.22; A2013-41 amdt 1.17\npres s 3\n(prev s 4) renum as s 3 A2024-2 s 8\nApplication of Act to land sales etc\ns 3A ins A2007-11 s 7\nsub A2009-49 amdt 3.76\nam A2023-36 amdt 1.165\nResponsible chief executive officer to ensure Act complied with\ns 3B ins A2007-11 s 8\nOffences against Act—application of Criminal Code etc\ns 4 orig s 4\nrenum as s 3\npres s 4\n(prev s 4A) ins A2003-22 amdt 1.2\nrenum as s 4 A2024-2 s 8\nOffences against Act—application of Criminal Code etc\ns 4A renum as s 4\nImportant concepts\npt 1A hdg ins A2024-2 s 9\nMeaning of procurement\ns 5 om A2024-2 s 10\n\nMeaning of Territory entity\ns 6 am A2002-30 amdt 3.388\nsub A2003-22 amdt 1.3; A2007-11 s 9\nProbity\ns 7 am A2002-30 amdts 3.389-3.391; A2003-22 amdt 1.4,\namdt 1.5\nom A2007-11 s 10\nValue for money\ns 8 am A2010-54 amdt 3.31; A2012-26 amdt 1.23; ss renum R17\nLA; A2013-41 amdt 1.18\nMeaning of procurement contract\ns 9 sub A2012-23 amdt 1.24\nam A2013-41 amdt 1.19, amdt 1.20\nForm of procurement contracts and amendments\ns 10 am A2012-23 amdt 1.25; A2013-41 amdt 1.21\nNotifiable contracts and notifiable invoices\npt 2 hdg sub A2024-2 s 10\nPreliminary\ndiv 2.1 hdg sub A2024-2 s 10\nApplication—pt 2\ns 11 sub A2007-11 s 11\nam A2008-28 amdt 1.4, amdt 1.5\nMeaning of notifiable contract—pt 2\ns 12 am A2002-30 amdt 3.392; A2003-22 amdt 1.6; A2007-11 s 12,\ns 13; A2022-4 amdt 1.34\nMeaning of notifiable invoice—pt 2\ns 13 sub A2002-30 amdt 3.393; A2024-2 s 10\nRegister\ndiv 2.2 hdg sub A2024-2 s 10\n\nKeeping of register\ns 14 sub A2024-2 s 10\nContents of register\ns 15 sub A2003-22 amdt 1.7; A2024-2 s 10\nConfidential text in notifiable contracts\ndiv 2.3 hdg sub A2024-2 s 10\nMeaning of confidential text—pt 2\ns 16 am A2007-11 s 14; A2009-49 amdt 3.77\nNotice of effect of div 2.3 to contracting parties\ns 17 sub A2024-2 s 10\nGrounds for confidentiality of information\ns 18 am A2007-11 s 15; ss renum R9 LA\nModel confidentiality clause required for confidential text\ns 19 am A2003-22 s 5; A2007-11 s 16; ss renum R9 LA\nBoard quorum\ns 19A hdg sub A2007-11 s 17\ns 19A ins A2003-22 s 6\nam A2007-11 s 18\nInvalidity of non-complying confidentiality clauses\ns 20 sub A2024-2 s 10\nAuditor-general’s requests for contracts and information, reporting\nobligations etc\ns 21 am A2011-22 amdt 1.223, amdt 1.230\nsub A2016-52 amdt 1.95; A2024-2 s 10\ndiv 2.4 hdg sub A2024-2 s 10\ndiv 2.5 hdg ins A2003-22 amdt 1.8\nEffect of disclosure of confidential text\ns 22 sub A2003-22 amdt 1.8; A2024-2 s 10\nNotice of effect of pt 2 to parties issuing invoices\ns 22A ins A2007-11 s 19\n\nEffect of other disclosure laws etc\ns 22B ins A2007-11 s 19\nam A2012-23 amdt 1.26; A2013-41 amdt 1.22\nNo liability for complying with pt 2\ns 22C ins A2007-11 s 19\nam A2012-23 amdt 1.27; A2013-41 amdt 1.23; pars renum\nR30 LA\nProcurement activities\npt 2A hdg ins A2007-11 s 19\nSecure local jobs code\npt 2B hdg ins A2018-41 s 4\nApplication and definitions—pt 2B\ndiv 2B.1 hdg ins A2018-41 s 4\nApplication—div 2B.2\ns 22D ins A2018-41 s 4\nsub A2024-2 s 11\nDefinitions—pt 2B\ns 22E ins A2018-41 s 4\ndef approved auditor ins A2018-41 s 4\ndef audit guidelines ins A2018-41 s 4\ndef code ins A2018-41 s 4\ndef council ins A2018-41 s 4\ndef registrar ins A2018-41 s 4\ndef secure local jobs code ins A2018-41 s 4\ndef secure local jobs code certificate ins A2018-41 s 4\ndef secure local jobs code register ins A2018-41 s 4\ndef tenderer ins A2018-41 s 4\nom A2024-2 s 12\ndef territory-funded work ins A2018-41 s 4\ndef workplace standards ins A2018-41 s 4\nMeaning of territory-funded work—pt 2B\ns 22F ins A2018-41 s 4\nsub A2018-41 amdt 1.1\nam A2022-1 s 4; A2024-2 ss 13-17\nRequirements for procurement by Territory entities\ndiv 2B.2 hdg ins A2018-41 s 4\nsub A2024-2 s 18\n\nRequirements for procurement—secure local jobs code certificates etc\ns 22G ins A2018-41 s 4\nam A2022-1 s 5, s 6; ss renum R32 LA; A2024-2 ss 19-21;\nA2025-29 amdt 4.88\nExemption from requirements—secure local jobs code certificates etc\ns 22H ins A2018-41 s 4\nam A2024-2 s 22\nSecure local jobs code certificates and code\ndiv 2B.3 hdg ins A2018-41 s 4\nApplication for secure local jobs code certificate\ns 22I ins A2018-41 s 4\nDecision on application\ns 22J ins A2018-41 s 4\nConditions on secure local jobs code certificate\ns 22K ins A2018-41 s 4\nSurrender of secure local jobs code certificate\ns 22L ins A2018-41 s 4\nam A2024-2 ss 23-25\nSecure local jobs code\ns 22M ins A2018-41 s 4\nam A2024-2 s 26; A2025-29 amdt 4.88\nSecure local jobs code register\ns 22N ins A2018-41 s 4\nApproved auditors\ns 22O ins A2018-41 s 4\nExemption from code\ns 22P ins A2018-41 s 4\nEnsuring compliance with code\ndiv 2B.4 hdg ins A2018-41 s 4\nsub A2022-1 s 7\nCompliance measures\nsdiv 2B.4.1 hdg ins A2022-1 s 7\nComplaints\ns 22Q ins A2018-41 s 4\nam A2022-1 s 8, s 9\nAudits\ns 22R ins A2018-41 s 4\nRequests for information\ns 22S ins A2018-41 s 4\nam A2022-1 s 10\n\nSuspension etc pending registrar’s decision\ns 22SA ins A2022-1 s 11\nCompliance\ns 22T ins A2018-41 s 4\nam A2022-1 s 12\nCompliance guidelines\ns 22U hdg sub A2022-1 s 13\ns 22U ins A2018-41 s 4\nam A2022-1 s 14; A2025-29 amdt 4.88\nAccess to premises\nsdiv 2B.4.2 hdg ins A2022-1 s 15\nDefinitions—sdiv 2B.4.2\ns 22UA ins A2022-1 s 15\ndef authorised person ins A2022-1 s 15\ndef occupier ins A2022-1 s 15\ndef premises ins A2022-1 s 15\nAuthorised people and identity cards\ns 22UB ins A2022-1 s 15\nEntry to premises\ns 22UC ins A2022-1 s 15\nProduction of identity card\ns 22UD ins A2022-1 s 15\nConsent to entry\ns 22UE ins A2022-1 s 15\nGeneral powers on entry to premises\ns 22UF ins A2022-1 s 15\nDisclosure of information\ns 22UG ins A2022-1 s 15\nDamage etc to be minimised\ns 22UH ins A2022-1 s 15\nProtection from liability\ns 22UI ins A2022-1 s 15\nSecure local jobs code registrar\ndiv 2B.5 hdg ins A2018-41 s 4\nAppointment of secure local jobs code registrar\ns 22V ins A2018-41 s 4\nam A2025-29 amdt 4.88\nFunctions of registrar\ns 22W ins A2018-41 s 4\n\nMinisterial directions to registrar\ns 22X ins A2018-41 s 4\nDelegation by registrar\ns 22Y ins A2018-41 s 4\nSecure local jobs code advisory council\ndiv 2B.6 hdg ins A2018-41 s 4\nEstablishment of council\ns 22Z ins A2018-41 s 4\nFunctions of council\ns 22ZA ins A2018-41 s 4\nam A2024-2 s 27\nMembership of council\ns 22ZB ins A2018-41 s 4\nam A2022-4 amdt 1.35; A2025-18 s 4\nProcedures of council\ns 22ZC ins A2018-41 s 4\nReview of pt 2B\ns 22ZD ins A2018-41 s 4\nInterest on commercial accounts\npt 3 hdg orig pt 3 hdg\nsub A2003-22 s 7\npres pt 3 hdg\n(prev pt 4 hdg) ins A2003-22 s 7\nrenum as pt 3 hdg A2024-2 s 29\nPreliminary\ndiv 3.1 hdg ins A2003-22 s 7\nApplication—pt 3\ns 23 orig s 23\nsub A2003-22 s 7; A2007-11 s 20\nam A2011-22 amdt 1.224\npres s 23\n(prev s 43) ins A2003-22 s 7\nsub A2007-11 s 31\nam A2024-2 s 30, s 31\nrenum as s 23 A2024-2 s 32\n\nDefinitions—pt 3\ns 24 orig s 24\nsub A2003-22 s 7\ndef confidential text ins A2003-22 s 7\ndef contract ins A2003-22 s 7\ndef notifiable amendment ins A2003-22 s 7\ndef notifiable contract ins A2003-22 s 7\ndef notifiable contracts register ins A2003-22 s 7\ndef public text ins A2003-22 s 7\ndef responsible Territory entity ins A2003-22 s 7\npres s 24\n(prev s 44) ins A2003-22 s 7\nam A2024-2 s 33\nrenum as s 24 A2024-2 s 36\ndef commercial account ins A2003-22 s 7\nam A2024-2 s 34\ndef payment date ins A2003-22 s 7\nam A2024-2 s 35\ndef relevant date ins A2003-22 s 7\nam A2014-44 amdt 3.25, amdt 3.26\nInterest on unpaid accounts\ns 25 orig s 25\nsub A2002-30 amdt 3.394; A2003-22 s 7\nam A2007-11 ss 21-23\nam A2012-11 s 4, s 5\npres s 25\n(prev s 45) ins A2003-22 s 7\nam A2004-60 amdt 1.152; A2007-11 s 32; A2024-2 s 37\nrenum as s 25 A2024-2 s 38\n\nExclusion of inconsistent contractual terms\ns 26 orig s 26\nsub A2007-11 s 24\nam A2012-11 s 6, s 7\npres s 26\n(prev s 46) ins A2003-22 s 7\nam A2024-2 s 39, s 40\nrenum as s 26 A2024-2 s 41\nNotifiable contracts register\ndiv 3.2 hdg ins A2003-22 s 7\nAvailability of funds to pay interest\ns 27 orig s 27\nam A2011-22 amdt 1.230\npres s 27\n(prev s 47) ins A2003-22 s 7\nam A2011-22 amdt 1.225\nrenum as s 27 A2024-2 s 42\nAvailability of notifiable contracts\ndiv 3.3 hdg ins A2003-22 s 7\nConfidential text\ndiv 3.4 hdg ins A2003-22 s 7\ndiv 3.5 hdg ins A2003-22 s 7\nNotifiable invoices\npt 3A hdg ins A2015-14 s 4\nPreliminary—pt 3A\ndiv 3A.1 hdg ins A2015-14 s 4\nNotifiable invoices register\ndiv 3A.2 hdg ins A2015-14 s 4\n\nOther matters—notifiable invoices\ndiv 3A.3 hdg ins A2015-14 s 4\nGovernment procurement board\npt 4 hdg orig pt 4 hdg\nrenum as pt 3 hdg\npres pt 4 hdg\nGovernment Procurement Board\ns 28 ins A2003-22 s 7\nam A2007-11 s 25; A2011-22 amdt 1.230\nPurpose and functions of board\ns 29 ins A2003-22 s 7\nam A2007-11 s 26; A2011-22 amdt 1.230; A2012-11 s 8\nRecommendations of board\ns 30 ins A2003-22 s 7\nam A2011-22 amdt 1.230\nMinisterial directions to board\ns 31 ins A2003-22 s 7\nam A2012-11 s 9\nConstitution of board\ns 32 ins A2003-22 s 7\nam A2016-55 amdt 4.14\nBoard members—appointment\ns 33 ins A2003-22 s 7\nBoard members—conditions of appointment\ns 34 ins A2003-22 s 7\n\nBoard members—abuse of position\ns 35 ins A2003-22 s 7\nam A2005-1 s 4, s 5; A2007-11 s 27; A2014-49 amdt 1.14,\namdt 1.15; A2016-52 amdt 1.96\nBoard members—ending appointment\ns 36 ins A2003-22 s 7\nNotification and review of decisions\npt 4A hdg renum as pt 5 hdg\nNotification and review of decisions\npt 5 hdg orig pt 5 hdg\nrenum as pt 7 hdg\npres pt 5 hdg\n(prev pt 4A hdg) ins A2018-41 s 5\nrenum as pt 5 hdg A2024-2 s 44\nMeaning of reviewable decision—pt 5\ns 37 orig s 37\npres s 37\n(prev s 48) ins A2003-22 s 7\nam A2004-9 amdt 1.25; A2007-11 s 33\nom A2015-16 amdt 1.18\nam A2024-2 s 45\nrenum as s 37 A2024-2 s 46\nReviewable decision notices\ns 38 orig s 38\nsub A2007-11 s 28\nam A2012-11 s 10\npres s 38\n(prev s 49) ins A2003-22 s 7\nom A2007-11 s 34\nrenum as s 38 A2024-2 s 46\nam A2025-29 amdt 4.88\n\nApplications for review\ns 39 orig s 39\nsub A2007-11 s 29\nam A2012-11 s 11; A2022-4 amdt 1.36, amdt 1.37\npres s 39\n(prev s 50) ins A2003-22 s 7\nom A2007-11 s 35\nrenum as s 39 A2024-2 s 46\nAuditor-general’s reporting obligations for contracts etc\ns 39A ins A2003-22 s 7\nsub A2007-11 s 29\nam A2012-11 s 12; A2022-4 amdt 1.38, amdt 1.39\nApplications for review by complainant\ns 40 orig s 40\npres s 40\n(prev s 50A) ins A2022-1 s 16\nrenum as s 40 A2024-2 s 46\nMiscellaneous\npt 7 hdg (prev pt 5 hdg) ins A2003-22 s 7\nrenum as pt 7 hdg A2024-2 s 47\nAmounts inclusive of GST\ns 41 ins A2003-22 s 7\nam A2014-49 amdt 1.16; A2016-55 amdt 4.14\nGovernment procurement rules\ns 42 ins A2003-22 s 7\nam A2007-11 s 30; A2012-11 s 13\nWhat is a notifiable invoice?—pt 3A\ns 42A ins A2015-14 s 4\nsub A2017-40 s 4\nKeeping of notifiable invoices register\ns 42B ins A2015-14 s 4\n\nContents of notifiable invoices register\ns 42C ins A2015-14 s 4\nPublic access to material on notifiable invoices register\ns 42D ins A2015-14 s 4\nTerritory entities to provide material for notifiable invoices register\ns 42E ins A2015-14 s 4\nNotice of effect of part to parties issuing invoices\ns 42F ins A2015-14 s 4\nEffect of other disclosure laws etc\ns 42G ins A2015-14 s 4\nam A2016-55 amdt 4.14\nNo liability for complying with pt 3A\ns 42H ins A2015-14 s 4\nGovernment procurement practices\ns 43 orig s 43\nrenum as s 23\npres s 43\nCompliance with Act—annual reporting\ns 44 orig s 44\nrenum as s 24\npres s 44\nRegulation-making power\ns 45 orig s 45\nrenum as s 25\npres s 45\nExclusion of inconsistent contractual terms\ns 46 renum as s 26\nAvailability of funds to pay interest\ns 47 renum as s 27\nMeaning of reviewable decision—pt 4A\ns 48 renum as s 37\n\nReviewable decision notices\ns 49 renum as s 38\nApplications for review\ns 50 renum as s 39\nApplications for review by complainant\ns 50A renum as s 40\nApproved forms\ns 51 ins A2003-22 s 7\nam A2014-44 amdt 3.27\nom A2024-2 s 48\nRegulation-making power\ns 52 ins A2003-22 s 7\nam A2007-11 s 36\nom A2024-2 s 48\nReview of Act\ns 53 ins A2003-22 s 7\nexp 31 December 2006 (s 53 (3))\nTransitional provisions\npt 6 hdg ins A2003-22 s 7\nGovernment Contractual Debts (Interest) Act\ns 54 ins A2003-22 s 7\nPublic Access to Government Contracts Act—general\ns 55 ins A2003-22 s 7\nPublic Access to Government Contracts Act—reportable contracts\ns 56 ins A2003-22 s 7\nFirst report by auditor-general under this Act\ns 57 ins A2003-22 s 7\nTransitional regulations\ns 58 ins A2003-22 s 7\nExpiry of pt 6\ns 59 ins A2003-22 s 7\n\nTransitional provisions\npt 10 hdg ins A2007-11 s 37\nom R12 LA\nProcurement guideline\ns 100 ins A2007-11 s 37\nexp 1 October 2007 (s 100 (5) (LA s 88 declaration applies))\nNotifiable contracts\ns 101 ins A2007-11 s 37\nexp 1 October 2008 (s 101 (4) (LA s 88 declaration applies))\nTransitional—Government Procurement (Secure Local Jobs) Amendment\nAct 2018\npt 11 hdg ins A2018-41 s 6\nMeaning of commencement day—pt 11\ns 102 ins A2018-41 s 6\nApplication—div 2B.2\ns 103 ins A2018-41 s 6\nExpiry—pt 11\ns 104 ins A2018-41 s 6\nTransitional—Government Procurement Amendment Act 2024\npt 12 hdg ins A2024-2 s 49\nInstruments under pre-amendment Act and regulation\ns 105 ins A2024-2 s 49\nTransitional regulations\ns 106 ins A2024-2 s 49\nExpiry—pt 12\ns 107 ins A2024-2 s 49\nModel confidentiality clause\nsch 1 ins A2003-22 s 8\nam A2018-52 amdt 1.80; A2024-2 ss 50-52\nReviewable decisions\nsch 2 ins A2018-41 s 7\nsub A2022-1 s 17\n\ndict am A2002-30 amdt 3.395\nsub A2003-22 s 9\nam A2009-49 amdt 3.78; A2011-22 amdt 1.226; A2012-26\namdt 1.28; A2013-41 amdt 1.24; A2016-52 amdt 1.97;\nA2018-41 s 8; A2018-52 amdt 1.81; A2024-2 s 53\ndef approved auditor ins A2018-41 s 9\ndef audit guidelines ins A2018-41 s 9\ndef authorised person ins A2022-1 s 18\ndef board sub A2003-22 s 9; A2007-11 s 38\nam A2024-2 s 54\ndef chairperson sub A2003-22 s 9; A2007-11 s 38\ndef code ins A2018-41 s 9\ndef commercial account ins A2003-22 s 9\nsub A2024-2 s 55\ndef complainant ins A2022-1 s 18\ndef confidential text ins A2003-22 s 9\nsub A2024-2 s 55\ndef construction work ins A2024-2 s 56\ndef contract ins A2003-22 s 9\nsub A2024-2 s 57\ndef council ins A2018-41 s 9\ndef department ins A2007-11 s 39\nom A2011-22 amdt 1.227\ndef deputy chairperson ins A2007-11 s 39\ndef directorate ins A2011-22 amdt 1.228\ndef goods ins A2024-2 s 58\ndef goods or services ins A2024-2 s 58\ndef government procurement rules ins A2024-2 s 58\ndef government procurement practices ins A2024-2 s 58\ndef member sub A2003-22 s 9; A2007-11 s 40\ndef notifiable amendment ins A2003-22 s 9\nom A2024-2 s 59\ndef notifiable contract ins A2003-22 s 9\nsub A2024-2 s 60\ndef notifiable contracts register ins A2003-22 s 9\nom A2024-2 s 61\ndef notifiable invoice ins A2015-14 s 5\nsub A2024-2 s 62\ndef notifiable invoices register ins A2015-14 s 5\nom A2024-2 s 63\ndef occupier ins A2022-1 s 18\ndef payment date ins A2003-22 s 9\nsub A2024-2 s 64\ndef premises ins A2022-1 s 18\ndef probity ins A2024-2 s 65\n\ndef procurement ins A2007-11 s 41\nsub A2024-2 s 66\ndef procurement contract ins A2024-2 s 67\ndef procurement guidelines sub A2003-22 s 9\nom A2007-11 s 42\ndef public text ins A2003-22 s 9\nom A2024-2 s 68\ndef register ins A2024-2 s 69\ndef registrar ins A2018-41 s 9\ndef relevant Assembly committee ins A2022-4 amdt 1.40\ndef relevant date ins A2003-22 s 9\nsub A2024-2 s 70\ndef responsible chief executive sub A2002-30 amdt 3.396\nom A2003-22 s 9\ndef responsible chief executive officer ins A2007-11 s 43\nsub A2011-22 amdt 1.229\nam A2012-26 amdt 1.29; A2013-41 amdt 1.25\ndef responsible Territory entity ins A2003-22 s 9\ndef reviewable decision ins A2018-41 s 9\ndef secure local jobs code ins A2018-41 s 9\ndef secure local jobs code certificate ins A2018-41 s 9\ndef secure local jobs code register ins A2018-41 s 9\ndef standing-offer arrangement ins A2024-2 s 72\ndef tenderer ins A2018-41 s 9\nsub A2024-2 s 73\ndef Territory entity sub A2003-22 s 9\nsub A2024-2 s 73\ndef territory-funded work ins A2018-41 s 9\ndef value for money ins A2024-2 s 74\ndef workplace standards ins A2018-41 s 9\n\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nfor\n12 Sept 2001\n24 May 2001–\n16 Sept 2002\nnot amended new Act\n10 Oct 2002\n17 Sept 2002–\nA2002-30 amendments by\nA2002-30\nR3*\n1 July 2003–\n12 Apr 2004\nA2003-22 amendments by\nA2003-22\n13 Apr 2004\n13 Apr 2004–\nA2004-9 amendments by\nA2004-9\n2 July 2004–\n9 Jan 2005\nA2004-9 commenced expiry\n10 Jan 2005\n10 Jan 2005–\n22 Feb 2005\nA2004-60 amendments by\nA2004-60\n23 Feb 2005\n23 Feb 2005–\n31 Dec 2006\nA2005-1 amendments by\nA2005-1\n1 Jan 2007\n1 Jan 2007–\n30 Sept 2007\nA2005-1 commenced expiry\n1 Oct 2007\n1 Oct 2007–\n1 Oct 2007\nA2007-11 amendments by\nA2007-11\n2 Oct 2007\n2 Oct 2007–\n25 Aug 2008\nA2007-11 commenced expiry\n26 Aug 2008\n26 Aug 2008–\n1 Oct 2008\nA2008-28 amendments by\nA2008-28\n2 Oct 2008\n2 Oct 2008–\n16 Dec 2009\nA2008-28 commenced expiry\n\nEarlier republications 5\nfor\n17 Dec 2009\n17 Dec 2009–\n31 Dec 2010\nA2009-49 amendments by\nA2009-49\n1 Jan 2011\n1 Jan 2011–\nA2010-54 amendments by\nA2010-54\n1 July 2011–\n4 Apr 2012\nA2011-22 amendments by\nA2011-22\n5 Apr 2012\n5 Apr 2012–\nA2012-11 amendments by\nA2012-11\n1 July 2012–\nA2012-26 amendments by\nA2012-26\n1 July 2014–\n16 Nov 2014\nA2013-41 amendments by\nA2013-41\n17 Nov 2014\n17 Nov 2014–\n18 Nov 2014\nA2014-49 amendments by\nA2014-49\n19 Nov 2014\n19 Nov 2014–\nA2014-49 amendments by\nA2014-44\n3 June 2015–\nA2015-16 amendments by\nA2015-16\n1 July 2015–\nA2015-16 amendments by\nA2015-14\n1 July 2016–\n31 Aug 2016\nA2015-16 updated\ncommencement by\nCN2016-12\n1 Sept 2016\n1 Sept 2016–\nA2016-52 amendments by\nA2016-52\n1 July 2017–\n31 Dec 2017\nA2016-52 amendments by\nA2015-14\n1 Jan 2018\n1 Jan 2018–\nA2017-14 amendments by\nA2016-55 as\namended by\nA2017-14\n1 July 2018–\n14 Jan 2019\nA2017-40 amendments by\nA2017-40\n\nfor\n15 Jan 2019\n15 Jan 2019–\nA2018-41 amendments by\n1 July 2019–\n6 Nov 2019\nA2019-18 amendments by\nA2018-52 as\namended by\nA2019-18\n7 Nov 2019\n7 Nov 2019–\nA2019-18 amendments by\n16 July 2021–\n28 Feb 2022\nA2019-18 expiry of\ntransitional\nprovisions (pt 11)\n1 Mar 2022\n1 Mar 2022–\n5 Apr 2022\nA2022-1 amendments by\nA2022-1\n6 Apr 2022\n6 Apr 2022–\n26 Nov 2023\nA2022-4 amendments by\nA2022-4\n27 Nov 2023\n27 Nov 2023–\nA2023-36 amendments by\nA2023-36\n1 July 2024–\nA2024-2 amendments by\nA2024-2\n9 July 2025–\n15 Dec 2025\nA2025-18 amendments by\nA2025-18\n\nExpired transitional or validating provisions 6\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.","sortOrder":78}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Since its original form the Act has expanded beyond basic procurement process and transparency. Notable scope expansions: (a) the Secure Local Jobs regime (inserted 2018 and expanded 2022–2025) creates a certification, auditing and compliance regime that embeds workplace standards into many Territory procurements (Part 2B: ss 22D–22T, 22M); (b) investigatory and entry powers for authorised persons were added (ss 22UA–22UI), increasing enforcement reach into private workplaces; (c) public registers and notifiable invoice provisions extended transparency duties (Part 2: ss 12–15); and (d) creation of an empowered Procurement Board and registrar roles centralised strategic oversight and enforcement (Parts 2B and 4: ss 28–31, 22V–22W). These additions materially broaden the Act from procurement technique and transparency to active regulation of labour/workplace practices in Territory‑funded work, together with corresponding compliance and administrative architectures (auditors, inspectors, sanctions and ministerial rule‑making)."},"complexity_factors":["Lengthy Act with multiple substantive Parts (notably Part 2: notifiable contracts; Part 2B: Secure Local Jobs; Part 3: interest; Part 4: Board) and many subdivisions","Many defined terms and cross‑references in the Dictionary plus repeated renumbering/amendments (dozens — 60–80+ defined or signposted terms across the Dictionary and sections)","Secure Local Jobs (Part 2B) is large and layered: definitions, application rules, certificate grant/conditions/surrender (ss 22E–22L), code-making power (s 22M), register and approved auditors (ss 22N–22O), complaints/audits/requests for information (ss 22Q–22S), suspension and compliance actions (ss 22SA–22T), and access‑to‑premises powers (ss 22UA–22UI)","Extensive delegation and subordinate instruments: ministerial codes, model terms, audit guidelines, government procurement rules and directions are disallowable instruments (ss 22M, 22U, 22G(5), 42–43), increasing conditional logic at implementation","Nested exceptions and multifactor tests (e.g. confidentiality grounds in s 18 have multiple subparagraphs and exclusions; exemptions in s 22H with procedural notice requirements)","Significant interaction with external laws (Fair Work Act, FOI, Information Privacy Act, Criminal Code, Financial Management Act) requiring legal layering and compliance checks (s 22M(4), s 21, s 22B, s 4)","Administrative enforcement complexity: certified auditors, registrar decisions, power to enter premises with different consent/authority rules and evidentiary conditions (ss 22O, 22R, 22UC–22UF, 22UE)","Review and appeals architecture with a detailed schedule of reviewable decisions and preconditions for parties to apply to ACAT (schedule 2; ss 37–40)","Transitional provisions and recent amendment history add operational complexity and require attention to uncommenced or expiring transitional provisions (Part 12; endnotes)"],"plain_english_summary":"**What this law does (mechanics first)\n\n- Governs how Territory entities (ACT government departments and some other public bodies — see s 6) buy goods and services and enter into related contracts (see s 5 and s 9). Contracts and any amendments must be written (s 10). \n\n- Requires Territory agencies to keep an electronic public register of certain procurements and invoices that meet threshold amounts (Part 2; ss 12–15). The director-general runs that register (s 14).\n\n- Limits what parts of a listed contract can be treated as confidential. It sets specific grounds and procedures for claiming confidentiality, requires a model confidentiality clause, and makes improper confidentiality clauses void (ss 16–21; sch 1). The auditor‑general can inspect confidential contract text and must report about whether confidentiality claims meet the statutory tests (s 21).\n\n- Establishes the Secure Local Jobs framework (Part 2B). Where a procurement involves labour‑intensive or specified services above prescribed values, the Territory may require tenderers to hold a \"secure local jobs code\" certificate, to submit labour relations/training/workplace equity plans, and to include model contract terms that implement the code (ss 22D–22G, 22M). The Minister makes the code and model contract terms (s 22M; s 22G(5)).\n\n- Creates an administrative scheme to issue, condition, audit and, where necessary, suspend or cancel secure local jobs code certificates. It sets out complaint handling, audit powers, requests for information and enforcement steps the registrar may take (ss 22I–22T). The registrar can appoint approved auditors and may authorise public servants to enter workplaces under specified conditions (ss 22O, 22R, 22UC–22UF).\n\n- Appoints a Secure Local Jobs Code Registrar and Advisory Council to administer and advise on the scheme (ss 22V–22ZB). The registrar has investigatory and education functions and is subject to ministerial directions (ss 22W–22X).\n\n- Creates a Government Procurement Board to provide strategic direction, review procurements and procurement practices, and make written recommendations (Part 4; ss 28–31). The Minister can direct the Board in writing (s 31).\n\n- Sets out interest entitlements where the Territory pays late on commercial accounts and limits contract terms that would displace that entitlement (Part 3; ss 23–27).\n\n- Gives the Minister power to make government procurement rules and directions on procurement practices; entities must comply (ss 42–43). The law also requires annual compliance reporting by responsible chief executive officers (s 44).\n\n\nWho this affects\n\n- Territory entities (departments, directorates, some authorities) — they must follow procurement rules, keep registers, consider value for money, and comply with ministerial directions (ss 6, 8, 14, 42–44).\n- Contractors, suppliers and tenderers who transact with Territory entities — they face register entries for larger contracts/invoices, confidentiality rules, and, for many labour‑intensive or construction‑type procurements, certification and workplace standards requirements under the Secure Local Jobs Code (Part 2B; ss 22F–22G, 22M).\n- Approved auditors and the Registrar — they have roles in audit, certification and enforcement (ss 22O–22R).\n- The auditor‑general and oversight committees — they receive contract material and must be told whether confidentiality claims meet the Act’s tests (s 21).\n\n\nWhy it matters (purpose claims, then testing against costs and incentives)\n\nOfficial purpose-claims: the Act structures procurement to achieve probity, value for money and public transparency, and (through Part 2B) to promote workplace standards in Territory‑funded work (see ss 7–8 and 22M). The Act also aims to make information about sizeable contracts and invoices publicly available, subject to narrowly drawn confidentiality grounds (Part 2; ss 12–21).\n\nTesting those claims against implementation trade-offs and incentives:\n\n- Who pays: suppliers bear the direct costs of compliance with the secure local jobs certification (audit fees, preparing workplace plans, possible changes to workplace practice). Territory entities bear administration costs (keeping registers, running the registrar, audits) and may pay higher prices if certification or workplace conditions increase supplier costs. The Territory must also pay interest on late commercial accounts (ss 25–27).\n\n- Who decides: the registrar decides certification, conditions, audits, suspensions and cancellations under the secure local jobs rules (ss 22J, 22K, 22R, 22T). The Minister determines the content of the code and model contract terms and may issue procurement directions and rules (ss 22M, 22G(5), 22U, 42–43). The director‑general keeps the notifiable contract/invoice register (s 14). These features centralise substantial substantive discretion in statutory office‑holders and the Minister.\n\n- Behaviour changes incentivised: entities seeking Territory contracts will generally need to obtain and keep a secure local jobs certificate where it applies, and to prepare labour relations/training/workplace equity plans for higher‑value labour or construction procurements (ss 22G, 22I). Tenderers may change subcontracting, employment or training practices to meet the code. Some suppliers (especially small or interstate firms) may be deterred from tendering for affected contracts if the compliance costs or certificate conditions are onerous.\n\n- Compliance burden and administrative costs: the scheme creates multiple administrative layers — certificate applications, approved auditors, audits, information requests, registers, and possible entry to workplaces (ss 22I, 22O–22S, 22UC–22UF, 22N). These raise ongoing compliance costs for both government and suppliers and require staffing and systems to administer and enforce.\n\n- Trade-offs with competition and prices: mandating certificates and workplace requirements narrows the pool of eligible suppliers (ss 22G(1), 22J). Reduced supplier choice can raise prices or reduce innovation unless the certificate regime is calibrated to allow competition. The Act allows exemptions (s 22H) where suitable suppliers are unavailable at reasonable cost, which is an explicit trade‑off mechanism (s 22H(3)).\n\n- Interaction with existing law and oversight: the code must not be inconsistent with the Fair Work Act or other Commonwealth law (s 22M(4)). Confidentiality protections interact with FOI, privacy and Territory records laws (ss 16, 21, 22B). The auditor‑general’s access and reporting role provides a check on confidentiality claims (s 21).\n\n- Bureaucratic discretion and capture risk: significant discretionary powers (Ministerial rules/directions, registrar decisions, approved auditor approvals, entry powers) create implementation flexibility but concentrate decision‑making (ss 22M, 22X, 22J, 22O, 22UC). Where benefits from the scheme are concentrated (for example, for unionised labour or local firms that meet workplace standards) and costs diffuse (administrative overhead borne across many suppliers), there is an identifiable structure that can generate lobbying pressure; the Act builds in consultation and review mechanisms (council, review after 2 years — ss 22ZB, 22ZD).\n\n- Substitution and unintended consequences: compelled certification requirements may lead firms to shift procurement offers off‑register thresholds, split contracts to avoid thresholds where feasible, or subcontract to firms that hold certificates without improving employment outcomes. The Act includes exemptions for emergencies (s 22H(1)) and a registrar power to exempt when suitable firms are not available at reasonable cost (s 22H(3)), which partially addresses those substitution incentives.\n\n\nPractical takeaways (who pays, who decides, what changes)\n\n- Suppliers/tenderers pay upfront compliance/audit costs to get/keep a secure local jobs code certificate (ss 22I, 22O) and must meet contract terms if awarded (s 22G(4)–(5)).\n- The Registrar decides on certification, conditions, audits and enforcement actions (ss 22J, 22K, 22R, 22T). The Minister sets the code and may direct procurement practices (ss 22M, 22G(5), 42–43).\n- Territory entities must record value‑for‑money decisions in writing, keep the notifiable contract/invoice register, and include the model confidentiality clause if confidentiality is claimed (ss 8(5)–(6), 14, 19). They must also consider labour/training/workplace equity plans when evaluating tenders (s 22G(3)).\n\n\nKey sections to consult quickly\n\n- What counts as procurement and who is a Territory entity: ss 5–6.\n- Confidentiality: ss 16–21; model clause in Schedule 1.\n- Secure Local Jobs requirements, certification and enforcement: Part 2B (ss 22D–22T).\n- Entry to premises and investigatory powers: ss 22UC–22UF.\n- Procurement Board and Ministerial directions: Part 4 (ss 28–31) and ss 42–43.\n- Interest on late commercial accounts: Part 3 (ss 23–27).\n\n\nLimitations on this summary\n\n- This note summarises the Act’s structure and likely incentive effects as written. The real‑world impact will depend on thresholds, regulations, the content of the Minister’s code and rules, and how the registrar exercises discretion (see ss 22M, 22U, 45).\n\n"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":1043},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has grown substantially from its original 2001 focus on basic procurement probity. Major expansions include: (1) the 2003 rewrite adding the Government Procurement Board and transparency register; (2) 2015 addition of notifiable invoices; (3) 2018 insertion of the entire Secure Local Jobs Code scheme (Part 2B)—a comprehensive labour standards and certification regime with workplace entry powers; (4) 2022 expansion of enforcement mechanisms including premises access and complaint handling; and (5) 2024 restructuring that renumbered most provisions. The Secure Local Jobs Code in particular represents a significant policy shift from mere procurement process to active labour market regulation through government purchasing power."},"complexity_factors":["Multiple overlapping regimes: core procurement, transparency register, Secure Local Jobs Code, and interest on late payments","Extensive cross-referencing to other ACT laws (Financial Management Act, Legislation Act, Criminal Code, Fair Work Act, etc.)","Heavily conditional confidentiality provisions with 8 specific grounds for secrecy plus 3 prohibitions on secrecy (s 18)","Nested administrative structures: registrar, advisory council, approved auditors, authorised persons for entry powers, with distinct functions and appointment processes","Threshold-based triggers: different dollar values for notifiable contracts, notifiable invoices, and Secure Local Jobs Code requirements (some set by regulation, some in Act)","21 distinct reviewable decisions listed in Schedule 2 with different affected parties (certificate holders vs complainants)","Model confidentiality clause in Schedule 1 with 8 permitted disclosure exceptions that must be incorporated into actual contracts","Entry powers with consent requirements, emergency exceptions, and residential premises exclusion (ss 22UC–22UF)","Secure Local Jobs Code has cascading obligations: prime contractors must ensure subcontractors comply as if they were the prime contractor (s 22M(2)(b))","Transitional provisions showing substantial restructure in 2024 amendments (parts renumbered, provisions relocated)"],"plain_english_summary":"This law sets rules for how ACT Government entities buy goods/services and sell assets, requiring probity, value for money, and written decisions. It mandates a public contract register with limited confidentiality, creates a Secure Local Jobs Code requiring certification for certain contractors to enforce fair workplace standards, and requires late-payment interest to suppliers. A Procurement Board oversees strategy and major deals, and affected businesses can appeal decisions to ACAT."}},"importantCases":[],"_links":{"self":"/api/acts/government-procurement-act-2001","history":"/api/acts/government-procurement-act-2001/history","analysis":"/api/acts/government-procurement-act-2001/analysis","conflicts":"/api/acts/government-procurement-act-2001/conflicts","importantCases":"/api/acts/government-procurement-act-2001/important-cases","documents":"/api/acts/government-procurement-act-2001/documents"}}