{"id":"a-2026-1","name":"Government Procurement Amendment Act 2026","slug":"government-procurement-amendment-act-2026","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"1 of 2026","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23686,"registerId":"act-a-2026-1-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Government Procurement Amendment Act 2026","content":"J2025-349\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nGovernment Procurement Amendment\nAct 2026\nA2026-1\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n2 Commencement 2\n3 Legislation amended 2\nPart 2 Government Procurement Act 2001\n4 Meaning of procurement\nSection 5 (1), definition of procurement, paragraphs (a) (i) and (b) 3\n5 Form of procurement contracts and amendments\nSection 10 3\n\nContents\nPage\ncontents 2 Government Procurement Amendment Act 2026 A2026-1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n6 Meaning of confidential text—pt 2\nSection 16 (1), definition of confidential text, paragraph (b), except\nnote 3\n7 Section 16 (2) 4\n8 Compliance with Act—annual reporting\nNew section 44 (2A) 4\n9 Dictionary, definition of standing-offer arrangement, examples 4\nPart 3 Government Procurement Regulation 2007\n10 Section 3B heading 5\n11 Section 3B (1) 5\n12 Application—pt 2\nSection 4 (1) (a), note 5\n13 Section 4 (2), definition of standing-offer arrangement 5\n14 Low-value procurement\nNew section 6 (3) 5\n15 Limited tender procurement\nSection 7 (2) 6\n16 Exemption reasons—limited and open tender procurement\nNew section 9 (1A) 7\n17 Section 10 8\n18 Late tenders\nSection 10D (1) (c) 8\n19 Contents of register—Act, s 15 (1)\nSection 12A (1) (q) 8\n20 Application—div 5.1\nSection 13 (a) 8\n21 Procurements to be reviewed by board—Act, s 29 (2) (a) (i)\nSection 14 (1) 9\n22 Division 5.3 heading 10\n23 Board annual report\nSection 20 10\n24 Dictionary, note 2 10\n25 Dictionary, note 2 11\n26 Dictionary, definition of new standing-offer arrangement 11\n\nJ2025-349\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nGovernment Procurement Amendment\nAct 2026\nA2026-1\nAn Act to amend the Government Procurement Act 2001 and the Government\nProcurement Regulation 2007\nThe Legislative Assembly for the Australian Capital Territory enacts as follows:\n\nPart 1 Preliminary\nSection 1\npage 2 Government Procurement Amendment Act 2026 A2026-1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Government Procurement Amendment Act 2026.\n2 Commencement\nThis Act commences on a day fixed by the Minister by written notice.\nNote 1 The naming and commencement provisions automatically commence on\nthe notification day (see Legislation Act, s 75 (1)).\nNote 2 A single day or time may be fixed, or different days or times may be\nfixed, for the commencement of different provisions (see Legislation Act,\ns 77 (1)).\nNote 3 If a provision has not commenced within 6 months beginning on the\nnotification day, it automatically commences on the first day after that\nperiod (see Legislation Act, s 79).\n3 Legislation amended\nThis Act amends the Government Procurement Act 2001 and the\nGovernment Procurement Regulation 2007.\n\nGovernment Procurement Act 2001 Part 2\nSection 4\nA2026-1 Government Procurement Amendment Act 2026 page 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Government Procurement\nAct 2001\n4 Meaning of procurement\nSection 5 (1), definition of procurement,\nparagraphs (a) (i) and (b)\nomit\ncontractual\n5 Form of procurement contracts and amendments\nSection 10\nafter\nprocurement contract\ninsert\nwith an estimated total consideration of $500 or more\n6 Meaning of confidential text—pt 2\nSection 16 (1), definition of confidential text,\nparagraph (b), except note\nsubstitute\n(b) includes—\n(i) an individual’s name, other than the name of an individual\nsupplying goods or services in their own name under the\nnotifiable contract; and\n(ii) any other personal information about an individual.\n\nPart 2 Government Procurement Act 2001\nSection 7\npage 4 Government Procurement Amendment Act 2026 A2026-1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n7 Section 16 (2)\nsubstitute\n(2) If a notifiable contract relates to the provision of legal services, all\ntext of the contract is taken to be confidential text.\n8 Compliance with Act—annual reporting\nNew section 44 (2A)\ninsert\n(2A) A compliance report does not have to include details about the\nTerritory entity’s compliance with the following instruments made\nunder this Act:\n(a) the secure local jobs code made under section 22M;\n(b) the guidelines made under section 22U;\n(c) the government procurement rules;\n(d) the government procurement practices.\n9 Dictionary, definition of standing-offer arrangement,\nexamples\nafter\nhead agreement\ninsert\n, panel arrangement\n\nGovernment Procurement Regulation 2007 Part 3\nSection 10\nA2026-1 Government Procurement Amendment Act 2026 page 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Government Procurement\nRegulation 2007\n10 Section 3B heading\nsubstitute\n3B Prescribed entities—Act, s 6 (1), def Territory entity,\npar (d)\n11 Section 3B (1)\nomit\nterritory authorities\n12 Application—pt 2\nSection 4 (1) (a), note\nsubstitute\nNote This part applies to a procurement to enter into a standing-offer\narrangement.\n13 Section 4 (2), definition of standing-offer arrangement\nomit\n14 Low-value procurement\nNew section 6 (3)\ninsert\n(3) However, a Territory entity may obtain an oral quotation from a\nsupplier for a procurement with an estimated total consideration of\nless than $500.\n\nPart 3 Government Procurement Regulation 2007\nSection 15\npage 6 Government Procurement Amendment Act 2026 A2026-1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n15 Limited tender procurement\nSection 7 (2)\nsubstitute\n(2) The Territory entity must seek at least—\n(a) 3 written quotations for the procurement from suppliers; or\n(b) 1 written quotation for the procurement from a supplier that is—\n(i) a certified Aboriginal or Torres Strait Islander entity; or\n(ii) a small or medium business entity based in the ACT or\nsurrounding region.\n(3) In this section:\nAboriginal or Torres Strait Islander person means a person who—\n(a) is a descendant of an Aboriginal person or a Torres Strait\nIslander person; and\n(b) identifies as an Aboriginal person or a Torres Strait Islander\nperson; and\n(c) is accepted as an Aboriginal person or a Torres Strait Islander\nperson by an Aboriginal community or a Torres Strait Islander\ncommunity.\ncertified Aboriginal or Torres Strait Islander entity means an entity\nthat—\n(a) is at least 50% owned and operated by an Aboriginal or Torres\nStrait Islander person; and\n(b) has been certified by another entity to be owned and operated by\nan Aboriginal or Torres Strait Islander person.\nExamples—certifying entities\n• Supply Nation\n• National Aboriginal Community Controlled Health Organisation (NACCHO)\n• Office of the Registrar of Indigenous Corporations\n\nGovernment Procurement Regulation 2007 Part 3\nSection 16\nA2026-1 Government Procurement Amendment Act 2026 page 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nentity based in the ACT or surrounding region means an entity that\nis permanently and primarily located in the ACT or the following\nareas under the Local Government Act 1993 (NSW):\n(a) Bega Valley;\n(b) Eurobodalla;\n(c) Goulburn Mulwaree;\n(d) Hilltops;\n(e) Queanbeyan-Palerang Regional;\n(f) Snowy Monaro Regional;\n(g) Snowy Valleys;\n(h) Upper Lachlan Shire;\n(i) Wingecarribee;\n(j) Yass Valley.\nsmall or medium business entity means an entity that employs less\nthan 200 people.\n16 Exemption reasons—limited and open tender\nprocurement\nNew section 9 (1A)\ninsert\n(1A) Subsection (1) (i) applies whether the additional goods or services are\nsupplied under the initial procurement contract as amended or a new\nprocurement contract.\n\nPart 3 Government Procurement Regulation 2007\nSection 17\npage 8 Government Procurement Amendment Act 2026 A2026-1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n17 Section 10\nsubstitute\n10 Exemptions—limited tender procurement\nThe responsible chief executive officer for a Territory entity may, in\nwriting, exempt the Territory entity from the requirement under\nsection 7 (2) (a) to seek at least 3 written quotations if satisfied on\nreasonable grounds that at least 1 of the exemption reasons applies.\n18 Late tenders\nSection 10D (1) (c)\nomit\nthe last day of\n19 Contents of register—Act, s 15 (1)\nSection 12A (1) (q)\nafter\namendment of the contract\ninsert\n, other than any document applied, adopted or incorporated in the\ncontract by reference\n20 Application—div 5.1\nSection 13 (a)\nomit\n(a new standing-offer arrangement)\n\nGovernment Procurement Regulation 2007 Part 3\nSection 21\nA2026-1 Government Procurement Amendment Act 2026 page 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n21 Procurements to be reviewed by board—Act,\ns 29 (2) (a) (i)\nSection 14 (1)\nsubstitute\n(1) The following procurements by Territory entities must be reviewed\nby the board:\n(a) a procurement that is—\n(i) in the planning period; and\n(ii) has an estimated total consideration of $7 million or more;\n(b) a procurement that is in the planning period if—\n(i) the procurement relates to information and\ncommunications technology that includes an element of\nsystem development or redesign; or\n(ii) the procurement is to enter into a standing-offer\narrangement under which goods or services may be\nsupplied to more than 1 Territory entity;\n(c) a procurement that proposes to substantially change the scope or\nnature of an existing procurement contract if the change is not\nexpressly provided for in the existing procurement contract;\n(d) a procurement if—\n(i) a procurement contract has not yet been entered into for\nthe procurement; and\n(ii) there are significant concerns about probity;\n(e) a procurement that is referred to the board by any of the\nfollowing:\n(i) the Minister;\n(ii) a responsible chief executive officer for a Territory entity;\n\nPart 3 Government Procurement Regulation 2007\nSection 22\npage 10 Government Procurement Amendment Act 2026 A2026-1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(iii) the administrative unit responsible for administering\nthe Act;\n(iv) a person who has been engaged by a Territory entity to\ninvestigate whether the procurement was undertaken with\nprobity;\n(f) any other procurement that the board considers should be\nreviewed.\n(1A) However, the board is not required to review a procurement under\nsubsection (1) (a), (b) or (c) if—\n(a) the procurement is of a kind mentioned in section 9 (1) (i); and\n(b) the responsible chief executive officer for the Territory entity\nundertaking the procurement has exempted the Territory entity\nunder section 10 or section 10A in relation to the procurement.\n22 Division 5.3 heading\nsubstitute\nDivision 5.3 Board proceedings\n23 Board annual report\nSection 20\nomit\n24 Dictionary, note 2\nomit\n• government procurement practices (see s 43 (1))\n\nGovernment Procurement Regulation 2007 Part 3\nSection 25\nA2026-1 Government Procurement Amendment Act 2026 page 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n25 Dictionary, note 2\ninsert\n• standing-offer arrangement\n26 Dictionary, definition of new standing-offer arrangement\nomit\nEndnotes\n1 Presentation speech\nPresentation speech made in the Legislative Assembly on 29 October 2025.\n2 Notification\nNotified under the Legislation Act on 16 February 2026.\n3 Republications of amended laws\nFor the latest republication of amended laws, see www.legislation.act.gov.au.\nI certify that the above is a true copy of the Government Procurement\nAmendment Bill 2026, which originated in the Legislative Assembly as the\nGovernment Procurement Amendment Bill 2025 and was passed by the\nAssembly on 3 February 2026.\nClerk of the Legislative Assembly\n© Australian Capital Territory 2026","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"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":7,"scope_assessment":{"changed":true,"description":"The amendments materially change procurement scope and processes. They lower the formality threshold for many small procurements (introducing oral quotes under $500), broaden confidentiality protections (notably for legal services and personal data), and embed targeted procurement priorities (certified Indigenous entities and ACT‑region SMEs) alongside expanded exemption powers for chief executives. They also refine which procurements the procurement board must review and narrow some reporting obligations, shifting administrative burden and decision authority without removing the Act’s overall regulatory reach."},"complexity_factors":["Multiple interlinked amendments across both the Act and the Regulation, affecting core definitions and thresholds (e.g. procurement form threshold, confidential text) — increases cross‑reference complexity.","Introduction of a $500 formal contract threshold and allowance for oral quotes under $500 (s10; new reg 6(3)) — creates new bright‑line rules and practical triage for low‑value procurements.","Expanded confidentiality rules including treating all text of legal‑services notifiable contracts as confidential (s16(2)) — raises compliance and record‑handling obligations.","New preferential pathway in limited tenders for certified Aboriginal/Torres Strait Islander entities and ACT‑region SMEs, with definitional detail (reg 7(2) and definitions) — adds targeted procurement policy embedded in operational rules.","Discretion to responsible chief executive officers to grant written exemptions from quotation requirements (reg 10) — concentrates decision authority and requires reasoned assessments of exemption grounds.","Changes to board review triggers (raising/clarifying thresholds and adding categories) and carve‑outs where exemptions apply (reg 14) — increases procedural complexity for high‑value or ICT/system procurements.","Narrowing of required annual compliance reporting to exclude specified instruments (new s44(2A)) and adjustments to register/document requirements (reg 12A) — alters transparency and oversight mechanics.","Variable commencement by ministerial notice (commencement provisions) — implementation timing may be staggered, complicating transition planning."],"plain_english_summary":"It changes how the Territory buys goods and services by adjusting definitions, setting a $500 threshold for when a procurement contract must be in a formal form, allowing oral quotes below that threshold, expanding what counts as confidential (including all text of legal-services contracts), and creating targeted preferences and exemption powers in limited tenders.  \n\nTerritory agencies, suppliers (notably certified Aboriginal and Torres Strait Islander entities and ACT‑region small/medium businesses) and the procurement board are affected: chief executives gain clearer exemption discretion, some reporting requirements are narrowed, and administrative/compliance burdens shift accordingly."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The amendments remain within the original scope of government procurement regulation. While the legislation introduces new social procurement preferences (Indigenous and local business support) and adjusts oversight mechanisms, these are evolutionary changes to the existing procurement framework rather than expansion into new policy areas. The core purpose—regulating how ACT Government entities acquire goods and services—remains unchanged."},"complexity_factors":["Amendment-style structure requires cross-referencing to two existing instruments (Government Procurement Act 2001 and Government Procurement Regulation 2007) to understand full effect","Multiple new defined terms introduced (7 new definitions including 'certified Aboriginal or Torres Strait Islander entity', 'entity based in the ACT or surrounding region', 'small or medium business entity')","Nested conditional logic in section 21—six categories of mandatory board review with a complex exemption clause (subsection 1A) that cross-references two other exemption sections","Geographic scope definition requires reference to NSW Local Government Act 1993 areas (10 specific council regions)","Mixed amendments: some sections substituted entirely, others omitting single words or inserting subsections, creating patchwork effect","Confidentiality provisions create absolute exemption for legal services (section 7) while expanding personal information protections (section 6)"],"plain_english_summary":"This bill overhauls how the ACT Government buys goods and services to boost local and Indigenous suppliers, simplify low‑value purchases, tighten transparency around certain contracts, and strengthen procurement oversight. It makes it easier for certified Aboriginal and Torres Strait Islander businesses and nearby SMEs to win work, reduces paperwork for small buys, narrows public access to some contract details, and expands the Procurement Board’s review role."}},"importantCases":[],"_links":{"self":"/api/acts/government-procurement-amendment-act-2026","history":"/api/acts/government-procurement-amendment-act-2026/history","analysis":"/api/acts/government-procurement-amendment-act-2026/analysis","conflicts":"/api/acts/government-procurement-amendment-act-2026/conflicts","importantCases":"/api/acts/government-procurement-amendment-act-2026/important-cases","documents":"/api/acts/government-procurement-amendment-act-2026/documents"}}