{"id":"sl-2007-29","name":"Government Procurement Regulation 2007","slug":"government-procurement-regulation-2007","collection":"regulation","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"29 of 2007","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173392,"registerId":"act-sl-2007-29-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Government Procurement Regulation 2007","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nGovernment Procurement\nRegulation 2007\nSL2007-29\nmade under the\nGovernment Procurement Act 2001\nRepublication No 11\nEffective: 1 July 2024\nRepublication date: 1 July 2024\nLast amendment made by A2024-2\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Government Procurement Regulation 2007, made under the\nGovernment Procurement Act 2001 (including any amendment made under the Legislation\nAct 2001, part 11.3 (Editorial changes)) as in force on 1 July 2024. It also includes any\ncommencement, amendment, repeal or expiry affecting this republished law to 1 July 2024.\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 symbol M appears\nimmediately before the provision heading. The text of the modifying provision appears in the\nendnotes. For the legal status of modifications, see the Legislation Act 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\nR11\n01/07/24\nGovernment Procurement Regulation 2007\nEffective: 01/07/24\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nGovernment Procurement\nRegulation 2007\nmade under the\nGovernment Procurement Act 2001\nContents\nPage\nPart 1 Preliminary\n1 Name of regulation 2\n2 Dictionary 2\n3 Notes 2\nPart 1A Important concepts\n3A Meaning of procurement—Act, s 5 (4) 3\n3B Prescribed territory authorities—Act, s 6 (1), def Territory entity, par (d) 4\n3C Meaning of procurement contract—Act, s 9, def procurement contract,\npar (b) 6\n\nContents\nPage\ncontents 2 Government Procurement Regulation 2007\nEffective: 01/07/24\nR11\n01/07/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Quotation and tender thresholds and\nexemptions\nDivision 2.1 Preliminary\n4 Application—pt 2 7\n5 Delegation by responsible chief executive officer 9\nDivision 2.2 Quotation and tender thresholds\n6 Low-value procurement 9\n7 Limited tender procurement 9\n8 Open tender procurement 10\nDivision 2.3 Exemptions\n9 Exemption reasons—limited and open tender procurement 11\n10 Exemptions—limited tender procurement 13\n10A Exemptions—open tender procurement 15\n10B Exemptions—directions 16\nDivision 2.4 Open tender procurement\n10C Notice of procurements for open tender procurements 16\n10D Late tenders 16\nPart 3 Notifiable contracts and notifiable invoices\n11 Notifiable contract threshold—Act, s 12 (2) (b) 18\n12 Notifiable invoice threshold—Act, s 13 (a) (ii) 18\n12A Contents of register—Act, s 15 (1) 18\n12B Public access to information on register 20\n12C Territory entities to enter information in register 21\nPart 4 Secure local jobs code\n12AA Prescribed value of services—Act, s 22F (1) (a) (ii) 22\n12AB Excluded services—Act, s 22F (3) 22\n12AC Labour relations, training and workplace equity plan—Act, s 22G (6)\n(b) 23\n12AD Details for secure local jobs code register—Act, s 22N (1) (c) 24\n\nContents\nPage\nR11\n01/07/24\nGovernment Procurement Regulation 2007\nEffective: 01/07/24\ncontents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 Procurement board\nDivision 5.1 Board review of procurements\n13 Application—div 5.1 26\n14 Procurements to be reviewed by board—Act, s 29 (2) (a) (i) 26\nDivision 5.2 Board members—conditions of appointment\n15 Board members—term of appointment—Act, s 34 (a) 28\n16 Board members—honesty, care and diligence—Act, s 34 (b) 28\n17 Board members—disclosure of interests—Act, s 34 (b) 28\n18 Board members—ending appointment—Act, s 36 (3) (c) 29\nDivision 5.3 Board proceedings and reporting\n19 Annual board meeting 29\n20 Board annual report 30\nDictionary 31\nEndnotes\n1 About the endnotes 33\n2 Abbreviation key 33\n3 Legislation history 34\n4 Amendment history 36\n5 Earlier republications 40\n\n\n\nR11\n01/07/24\nGovernment Procurement Regulation 2007\nEffective: 01/07/24\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nGovernment Procurement\nRegulation 2007\nmade under the\nGovernment Procurement Act 2001\n\nPart 1 Preliminary\nSection 1\npage 2 Government Procurement Regulation 2007\nEffective: 01/07/24\nR11\n01/07/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of regulation\nThis regulation is the Government Procurement Regulation 2007.\n2 Dictionary\nThe dictionary at the end of this regulation is part of this regulation.\nNote 1 The dictionary at the end of this regulation defines certain terms used in\nthis regulation, and includes references (signpost definitions) to other\nterms defined elsewhere.\nFor example, the signpost definition ‘supplier—see section 6 (2).’ means\nthat the term ‘supplier’ is defined in that section.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire regulation unless the definition, or another provision of the\nregulation, provides otherwise or the contrary intention otherwise appears\n(see Legislation Act, s 155 and s 156 (1)).\n3 Notes\nA note included in this regulation is explanatory and is not part of this\nregulation.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nImportant concepts Part 1A\nSection 3A\nR11\n01/07/24\nGovernment Procurement Regulation 2007\nEffective: 01/07/24\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1A Important concepts\n3A Meaning of procurement—Act, s 5 (4)\n(1) The following are not procurement:\n(a) a grant;\n(b) an investment or borrowing under the Financial Management\nAct 1996;\n(c) a loan or a rebate to, or provided by, a Territory entity;\nExample\na concessional loan from the Australian Government to the Territory for\nloose-fill asbestos removal in the ACT\n(d) an acquisition or disposal by a Territory entity under another\nterritory law.\nExample\nan acquisition under the Lands Acquisition Act 1994\n(2) In this section:\ngrant—\n(a) means a payment of public money to a person by the Territory,\nor on behalf of the Territory, to—\n(i) achieve a stated government policy outcome; and\n(ii) assist the person achieve a stated objective; and\n(b) includes a payment—\n(i) made as a result of a selection process; or\n(ii) made because stated criteria are satisfied; or\n\nPart 1A Important concepts\nSection 3B\npage 4 Government Procurement Regulation 2007\nEffective: 01/07/24\nR11\n01/07/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(iii) that is a one-off or ad hoc payment.\nExamples—grants\n1 a research grant\n2 a community support grant\n3 a grant for arts activities\npublic money—see the Financial Management Act 1996, dictionary.\n3B Prescribed territory authorities—Act, s 6 (1), def Territory\nentity, par (d)\n(1) The following territory authorities are prescribed:\n(a) the ACT Teacher Quality Institute;\n(b) the Australian Capital Territory Insurance Authority;\n(c) the Building and Construction Industry Training Fund\nAuthority;\n(d) the Cemeteries and Crematoria Authority;\n(e) the Canberra Institute of Technology;\n(f) the city renewal authority;\n(g) the Cultural Facilities Corporation;\n(h) the electoral commission;\n(i) the gambling and racing commission;\n(j) the independent competition and regulatory commission;\n(k) the integrity commission;\n(l) the legal aid commission;\n(m) the Long Service Leave Authority;\n(n) the Motor Accident Injuries Commission;\n(o) the Office of the Auditor-General;\n\nImportant concepts Part 1A\nSection 3B\nR11\n01/07/24\nGovernment Procurement Regulation 2007\nEffective: 01/07/24\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(p) the Office of the Work Health and Safety Commissioner;\n(q) the public trustee and guardian;\n(r) the suburban land agency.\n(2) In this section:\nACT Teacher Quality Institute means the institute established under\nthe ACT Teacher Quality Institute Act 2010, section 10.\nAustralian Capital Territory Insurance Authority means the\nauthority established under the Insurance Authority Act 2005,\nsection 7.\nBuilding and Construction Industry Training Fund Authority\nmeans the authority established under the Building and Construction\nIndustry Training Levy Act 1999, section 4.\nCemeteries and Crematoria Authority means the authority\nestablished under the Cemeteries and Crematoria Act 2020,\nsection 113.\nCultural Facilities Corporation means the corporation established\nunder the Cultural Facilities Corporation Act 1997, section 5.\nLong Service Leave Authority means the authority established under\nthe Long Service Leave (Portable Schemes) Act 2009, section 79A.\nMotor Accident Injuries Commission means the commission\nestablished under the Motor Accident Injuries Act 2019, section 22.\nOffice of the Auditor-General means the office established under the\nAuditor-General Act 1996, division 2.4.\nOffice of the Work Health and Safety Commissioner means the\noffice established under the Work Health and Safety Act 2011,\nschedule 2, section 2.18.\n\nPart 1A Important concepts\nSection 3C\npage 6 Government Procurement Regulation 2007\nEffective: 01/07/24\nR11\n01/07/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3C Meaning of procurement contract—Act, s 9,\ndef procurement contract, par (b)\n(1) The following documents are prescribed:\n(a) a labour relations, training and workplace equity plan;\n(b) a plan—\n(i) made in relation to local industry participation; and\n(ii) submitted by a tenderer in relation to an open tender\nprocurement if the estimated total consideration of the\nprocurement is $5 million or more.\nNote The Canberra Region Local Industry Participation Policy is\naccessible at www.procurement.act.gov.au.\n\nQuotation and tender thresholds and exemptions Part 2\nPreliminary Division 2.1\nSection 4\nR11\n01/07/24\nGovernment Procurement Regulation 2007\nEffective: 01/07/24\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Quotation and tender thresholds\nand exemptions\nDivision 2.1 Preliminary\n4 Application—pt 2\n(1) This part does not apply to a procurement by a Territory entity if the\nprocurement is—\n(a) under a standing-offer arrangement; or\nNote Par (a) does not include a new standing-offer arrangement (see\ns (2)).\n(b) of a sublease or licence over land, or part of land, in which the\nTerritory or the Territory entity is the sublessee or licensee; or\nExample\nthe sublease of part of a building by the Territory for Territory use\n(c) of goods or services from the Commonwealth, a State or a local\ngovernment, or an entity of the Commonwealth, a State or a\nlocal government; or\nNote State includes the Northern Territory (see Legislation Act, dict,\npt 1).\n(d) of research and development services, other than in relation to\nthe planning of research and development services; or\nExamples—research and development services\nsurveys, market research, product design, production of prototypes\nExample—planning of research and development services\nconsulting as to what should be surveyed, researched, designed or produced\n\nPart 2 Quotation and tender thresholds and exemptions\nDivision 2.1 Preliminary\nSection 4\npage 8 Government Procurement Regulation 2007\nEffective: 01/07/24\nR11\n01/07/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(e) of Territory banking, borrowing or investment services; or\nExamples—borrowing services\nsale and distribution, settlement and clearing house, registry, issuing and\npaying agency and credit rating services\nExamples—investment services\ninvestment management, master custody and safekeeping, investment\nadvisory, financial market data, indices, subscriptions and licensing and\nresearch services\n(f) for engaging a person in relation to any current or anticipated\nlitigation or legal dispute; or\nExample\nengaging counsel, a barrister or an expert witness\n(g) for emergency works—\n(i) to critical services that have been disrupted; or\n(ii) to prevent an imminent danger to health and safety; or\n(h) of goods or services from outside of Australia, for use outside of\nAustralia; or\n(i) a disposal.\n(2) In this section:\nentity of the Commonwealth, a State or a local government means\nan entity of the Commonwealth, a State or a local government that\nexercises functions that correspond, or substantially correspond, to\nthe functions of—\n(a) an entity mentioned in the Act, section 6, 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(d) a territory instrumentality.\n\nQuotation and tender thresholds and exemptions Part 2\nQuotation and tender thresholds Division 2.2\nSection 5\nR11\n01/07/24\nGovernment Procurement Regulation 2007\nEffective: 01/07/24\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nstanding-offer arrangement does not include a new standing-offer\narrangement.\nsublease includes an underlease.\n5 Delegation by responsible chief executive officer\nThe responsible chief executive officer for a Territory entity may\ndelegate the officer’s functions under this part to a public employee.\nNote For laws about delegations, see the Legislation Act, pt 19.4.\nDivision 2.2 Quotation and tender thresholds\n6 Low-value procurement\n(1) This section applies to a procurement by a Territory entity if the\nestimated total consideration of the procurement is less than $25 000.\n(2) The Territory entity must seek at least 1 written quotation from an\nentity that can supply the goods or services (a supplier) for the\nprocurement.\n7 Limited tender procurement\n(1) This section applies to a procurement by a Territory entity (a limited\ntender procurement) if the estimated total consideration of the\nprocurement is—\n(a) for goods or services that are not related to construction work—\nat least $25 000 but less than $500 000; and\n(b) for goods or services related to construction work—at least\n$25 000 but less than $1 million.\n(2) The Territory entity must seek at least 3 written quotations from\nsuppliers for the procurement.\n\nPart 2 Quotation and tender thresholds and exemptions\nDivision 2.2 Quotation and tender thresholds\nSection 8\npage 10 Government Procurement Regulation 2007\nEffective: 01/07/24\nR11\n01/07/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n8 Open tender procurement\n(1) This section applies to a procurement by a Territory entity (an open\ntender procurement) if the estimated total consideration of the\nprocurement is—\n(a) for goods or services that are not related to construction work—\nat least $500 000; and\n(b) for goods or services related to construction work—at least\n$1 million.\n(2) The Territory entity must—\n(a) invite tenders for the procurement; and\n(b) advertise the invitation electronically for at least—\n(i) 25 days; or\n(ii) 10 days if—\n(A) the Territory entity has published notice of the\nprocurement electronically for at least 40 days, but\nnot more than 12 months, before the first day the\ninvitation is advertised; or\n(B) exceptional circumstances mean that an advertising\nperiod of 25 days is impracticable.\n(3) If there are 2 or more invitations for tenders for the procurement, each\ninvitation must comply with the requirements mentioned in\nsubsection (2) (b).\n\nQuotation and tender thresholds and exemptions Part 2\nExemptions Division 2.3\nSection 9\nR11\n01/07/24\nGovernment Procurement Regulation 2007\nEffective: 01/07/24\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 2.3 Exemptions\n9 Exemption reasons—limited and open tender\nprocurement\n(1) The responsible chief executive officer for a Territory entity may\nexempt the Territory entity under section 10 or section 10A for any\nof the following reasons (the exemption reasons):\n(a) for a procurement that includes 2 or more approaches to\nmarket—in response to the first approach to market, the\nTerritory entity did not receive—\n(i) any written quotations or tenders; or\n(ii) any written quotations or tenders that would achieve value\nfor money; or\n(iii) any written quotations or tenders that met the minimum\nrequirements for content and format; or\n(iv) any written quotations or tenders that satisfy the conditions\nfor participation;\n(b) the goods or services to be procured are needed urgently as a\nresult of an unforeseen event outside of the Territory’s control;\n(c) the need for a procurement has arisen unexpectedly and is not\nroutine;\nExamples\nunusual disposals, unsolicited innovative proposals, liquidation, bankruptcy,\nreceivership\n(d) only 1 supplier, or a limited number of suppliers, can supply a\nparticular good or service because—\n(i) the good or service to be procured is artwork; or\n(ii) there is a need to protect patents, copyrights or other\nexclusive rights or proprietary information; or\n\nPart 2 Quotation and tender thresholds and exemptions\nDivision 2.3 Exemptions\nSection 9\npage 12 Government Procurement Regulation 2007\nEffective: 01/07/24\nR11\n01/07/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(iii) a supplier with specialist knowledge or equipment is\nrequired;\n(e) the procurement is for another procurement from an existing\nsupplier and a new supplier is not feasible—\n(i) for technical reasons; or\nExamples\n1 compatibility with existing equipment, software or services\n2 a condition under a warranty\n(ii) because it would cause significant inconvenience or\nsubstantial duplication of costs for the Territory entity;\n(f) the good or service to be procured is a commodity;\n(g) the good or service to be procured is—\n(i) a prototype; or\n(ii) an original good or service intended for limited initial\nrelease; or\n(iii) developed at the Territory entity’s request for research or\ndevelopment purposes;\n(h) the procurement is from a winner of a design contest, if—\n(i) the contest was held to award the winner with a design\ncontract; and\n(ii) the contest is conducted in a way that complies with the\nAct; and\n(iii) the contest judges are independent;\n\nQuotation and tender thresholds and exemptions Part 2\nExemptions Division 2.3\nSection 10\nR11\n01/07/24\nGovernment Procurement Regulation 2007\nEffective: 01/07/24\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(i) there is an existing procurement contract (the initial\nprocurement contract) for goods or services related to\nconstruction work and the procurement is for additional goods\nor services that—\n(i) were not included in the initial procurement contract but\nwere within the objectives of the written quotation or\ntender process for the initial procurement contract; and\n(ii) have become necessary, as a result of an unforeseen event,\nto complete the construction work under the initial\nprocurement contract; and\n(iii) the total value of any contract awarded for procurement of\nthe additional goods or services will not exceed 50% of the\nvalue of the initial procurement contract.\n(2) In this section:\napproach to market, in relation to a procurement, means to seek\nwritten quotations or invite tenders for the procurement.\nconditions for participation means any conditions that a potential\nsupplier must comply with in order for the supplier’s written\nquotation or tender to be considered or to otherwise participate in the\nprocurement process.\nExample—condition\na requirement to undertake an accreditation or validation procedure\n10 Exemptions—limited tender procurement\n(1) The responsible chief executive officer for a Territory entity may, in\nwriting, exempt the Territory entity from the requirement under\nsection 7 (2) to seek at least 3 written quotations from suppliers for a\nlimited tender procurement.\n\nPart 2 Quotation and tender thresholds and exemptions\nDivision 2.3 Exemptions\nSection 10\npage 14 Government Procurement Regulation 2007\nEffective: 01/07/24\nR11\n01/07/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) However, the responsible chief executive officer may exempt the\nTerritory entity only if satisfied on reasonable grounds that—\n(a) at least 1 of the exemption reasons applies in relation to the\nprocurement; or\n(b) the Territory entity intends to seek a written quotation from—\n(i) a supplier that is a certified Aboriginal or Torres Strait\nIslander entity; or\n(ii) both of the following:\n(A) a supplier that is an entity based in the ACT or\nsurrounding region;\n(B) a supplier that is a small or medium business entity.\n(3) In this section:\nAboriginal or Torres Strait Islander person—see the Aboriginal and\nTorres Strait Islander Children and Young People Commissioner\nAct 2022, dictionary.\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\n1 Supply Nation\n2 National Aboriginal Community Controlled Health Organisation (NACCHO)\n3 Office of the Registrar of Indigenous Corporations\n\nQuotation and tender thresholds and exemptions Part 2\nExemptions Division 2.3\nSection 10A\nR11\n01/07/24\nGovernment Procurement Regulation 2007\nEffective: 01/07/24\npage 15\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 an area\nsurrounding the ACT, including the following shires:\n(a) Bombala;\n(b) Boorowa;\n(c) Cooma-Monaro;\n(d) Eurobodalla;\n(e) Goulburn-Mulwaree;\n(f) Harden;\n(g) Palerang;\n(h) Queanbeyan;\n(i) Snowy River;\n(j) Upper Lachlan;\n(k) Yass Valley;\n(l) Young.\nsmall or medium business entity means an entity that employs less\nthan 200 people.\n10A Exemptions—open tender procurement\n(1) The responsible chief executive officer for a Territory entity may, in\nwriting, exempt the Territory entity from the requirements mentioned\nin section 8 (2) to invite tenders and advertise electronically for an\nopen tender procurement.\n(2) However, the responsible chief executive officer may exempt the\nTerritory entity only if satisfied on reasonable grounds that at least\n1 of the exemption reasons applies in relation to the procurement.\n\nPart 2 Quotation and tender thresholds and exemptions\nDivision 2.4 Open tender procurement\nSection 10B\npage 16 Government Procurement Regulation 2007\nEffective: 01/07/24\nR11\n01/07/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n10B Exemptions—directions\nIf the responsible chief executive officer for a Territory entity\nexempts the Territory entity under section 10 or section 10A for a\nprocurement, the officer may, in writing, direct the Territory entity to\ndo 1 or more of the following:\n(a) seek a stated kind or number of written quotations for the\nprocurement;\n(b) seek a written quotation or invite a tender from a stated supplier\nfor the procurement.\nDivision 2.4 Open tender procurement\n10C Notice of procurements for open tender procurements\n(1) If a Territory entity proposes to undertake an open tender\nprocurement, the Territory entity must, as soon as practicable, publish\nnotice of the procurement electronically.\nExample—public notice electronically\non the TendersACT website\n(2) A notice must include—\n(a) the subject matter of the procurement; and\n(b) the date the Territory entity intends to invite tenders for the\nprocurement and advertise electronically.\n(3) If any of the details included in the notice change, the Territory entity\nmust, as soon as practicable, update the notice.\n10D Late tenders\n(1) This section applies if—\n(a) a Territory entity invites tenders for an open tender\nprocurement; and\n(b) a supplier submits a tender in relation to the procurement; but\n\nQuotation and tender thresholds and exemptions Part 2\nOpen tender procurement Division 2.4\nSection 10D\nR11\n01/07/24\nGovernment Procurement Regulation 2007\nEffective: 01/07/24\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) the tender was submitted after the last day of the period during\nwhich the Territory entity was accepting tenders.\n(2) The Territory entity must not accept the supplier’s tender in relation\nto the procurement, unless the tender was submitted late due to an act\nor omission by the Territory entity.\n\nPart 3 Notifiable contracts and notifiable invoices\nSection 11\npage 18 Government Procurement Regulation 2007\nEffective: 01/07/24\nR11\n01/07/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Notifiable contracts and\nnotifiable invoices\n11 Notifiable contract threshold—Act, s 12 (2) (b)\nThe prescribed amount is $25 000.\n12 Notifiable invoice threshold—Act, s 13 (a) (ii)\nThe prescribed amount is $25 000.\n12A Contents of register—Act, s 15 (1)\n(1) The following information is prescribed for each notifiable contract:\n(a) the parties to the contract;\n(b) the responsible Territory entity for the contract and any change\nin the responsible Territory entity for the contract;\n(c) the title of the contract;\n(d) a brief description of what the contract is for;\n(e) the type of contract;\n(f) a unique identifying number for the contract;\n(g) the date the contract was made;\n(h) the date the contract ends;\n(i) if the date the contract ends may be extended—the\ncircumstances under, and the period for which, the date may be\nextended;\n(j) the value of the total consideration, or estimated total\nconsideration, for the contract;\n\nNotifiable contracts and notifiable invoices Part 3\nSection 12A\nR11\n01/07/24\nGovernment Procurement Regulation 2007\nEffective: 01/07/24\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(k) whether the responsible Territory entity was exempted from any\nrequirement for the procurement to which the contract relates;\nExample\na Territory entity was exempted from quotation and tender requirements for\na procurement under pt 2\n(l) if the contract is amended—\n(i) a brief description of the amendment; and\n(iii) the date the amendment was made;\n(m) whether any part of the contract is confidential text;\nNote Contract includes a contract as amended (see dict)\n(n) if any part of the contract is confidential text—a brief indication\nof what the confidential text relates to;\nExamples\nsee examples for the Act, s 18 (2) (b)\n(o) whether the secure local jobs code applies to the contract;\n(p) any other information about the contract required to be included\nin the register in any direction given by the Minister under the\nAct, section 43 (Government procurement practices);\n(q) an electronic copy of the public text (if any) of the contract as\nmade and of any amendment of the contract;\n(r) where anyone can obtain a printed copy of the public text (if\nany) of the contract as made and of any amendment of the\ncontract.\n(2) The following information is prescribed for each notifiable invoice:\n(a) the name of the entity invoicing the responsible Territory entity;\n(b) if the entity invoicing the responsible Territory entity has an\nABN—the ABN;\n(c) the name of the responsible Territory entity for the invoice;\n\nPart 3 Notifiable contracts and notifiable invoices\nSection 12B\npage 20 Government Procurement Regulation 2007\nEffective: 01/07/24\nR11\n01/07/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(d) a brief description of what the invoice is for;\n(e) if the invoice relates to a notifiable contract—the contract’s\nunique identifying number;\n(f) the date the invoice was received;\n(g) the date the invoice was paid;\n(h) the value of the good or service charged for under the invoice.\n(3) In this section:\npublic text, of a notifiable contract, means—\n(a) the text (if any) of the contract that is not confidential text; and\n(b) any confidential text of the contract—\n(i) that ceases to be confidential in accordance with the\ncontract or by the agreement of the parties to the contract;\nor\n(ii) the substance of which has become public knowledge.\n12B Public access to information on register\n(1) The director-general must ensure, as far as practicable, that a copy of\nthe following information is accessible on a website approved by the\ndirector-general at all times and—\n(a) for information mentioned in section 12A (1) for a notifiable\ncontract—for at least 2 years after the day the notifiable contract\nends; and\n(b) for information mentioned in section 12A (2) for a notifiable\ninvoice—for at least 2 years.\n(2) Access is to be provided without charge by the Territory.\n\nNotifiable contracts and notifiable invoices Part 3\nSection 12C\nR11\n01/07/24\nGovernment Procurement Regulation 2007\nEffective: 01/07/24\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n12C Territory entities to enter information in register\n(1) The responsible Territory entity for a notifiable contract must, within\n21 days after the day the contract is made, enter any information\nmentioned in section 12A (1) for the contract in the register.\n(2) The responsible Territory entity for a notifiable invoice must, within\n21 days after the end of the month in which the invoice was paid,\nenter any information mentioned in section 12A (2) for the invoice in\nthe register.\n(3) The Territory entity must also, within 21 days after the day a change\nin any information mentioned in section 12A happens, update the\ninformation in the register.\nNote Contract includes a contract as amended (see dict).\n\nPart 4 Secure local jobs code\nSection 12AA\npage 22 Government Procurement Regulation 2007\nEffective: 01/07/24\nR11\n01/07/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Secure local jobs code\n12AA Prescribed value of services—Act, s 22F (1) (a) (ii)\nThe prescribed amount is $200 000.\n12AB Excluded services—Act, s 22F (3)\n(1) The following services are prescribed:\n(a) information media and telecommunications services within the\nmeaning of the ANZSIC, Division J;\n(b) rental, hiring and real estate services within the meaning of the\nANZSIC, Division L;\n(c) financial and insurance services within the meaning of the\nANZSIC, Division K;\n(d) professional, scientific and technical services within the\nmeaning of the ANZSIC, Division M;\n(e) hospital services within the meaning of the ANZSIC,\nSubdivision 84;\n(f) medical and other health care services within the meaning of the\nANZSIC, Subdivision 85.\n(2) In this section:\nANZSIC means the Australian and New Zealand Standard Industrial\nClassification 2006 as in force from time to time.\nNote The ANZSIC is available free of charge at www.abs.gov.au.\n\nSecure local jobs code Part 4\nSection 12AC\nR11\n01/07/24\nGovernment Procurement Regulation 2007\nEffective: 01/07/24\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n12AC Labour relations, training and workplace equity plan—\nAct, s 22G (6) (b)\n(1) A tenderer’s labour relations, training and workplace equity plan\nmust state the following:\n(a) how the tenderer will incorporate compliance with the code into\nits systems of work, operating procedures and policies;\n(b) how the tenderer will ensure that all the tenderer’s directors,\nexecutive managers and employees understand the tenderer’s\nobligations under the code;\n(c) how the tenderer will ensure that its subcontractors comply with\nthe code;\n(d) whether and how the tenderer will minimise insecure work\narrangements, including the use of insecure work arrangements\nby any of its subcontractors;\nExamples—insecure work arrangements\n• temporary employment arrangements\n• casual employment arrangements\n(e) how the tenderer will support the physical and mental health of\nits employees, including with any health and well-being\nactivities, to reduce the impact and incidence of impairment in\nthe workplace;\n(f) how the tenderer will promote and support diversity in the\ntenderer’s workforce;\nExamples—promoting and supporting diversity\npolicies or strategies to address barriers to employment, or career\ndevelopment, for Aboriginal or Torres Strait Islander people, women, people\nwith disability and people from culturally and linguistically diverse\nbackgrounds\n\nPart 4 Secure local jobs code\nSection 12AD\npage 24 Government Procurement Regulation 2007\nEffective: 01/07/24\nR11\n01/07/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(g) if the plan is submitted in relation to a procurement for services\nbeing provided by an existing contractor—whether and how the\ntenderer will support transmission of the existing contractor’s\nemployees to the tenderer;\n(h) if the plan is submitted in relation to a procurement valued at\n$5 million or more—\n(i) how the tenderer will provide workers in the ACT and\nsurrounding region with the opportunity to apply for\nemployment before undertaking recruitment outside the\nregion; and\n(ii) what training will be available to the tenderer’s employees\nfor their career development and to help them attain\nexternally-recognised qualifications; and\n(iii) whether the tenderer will provide internships, traineeships,\ncadetships or apprenticeships;\n(i) if the tenderer was previously engaged with a Territory entity\nunder a contract for procurement for territory-funded work—\nhow the tenderer complied with the code and the tenderer’s\ncommitments in the labour relations, training and workplace\nequity plan in relation to the contract.\n(2) The plan must be developed in consultation with the tenderer’s\nemployees and include a statement about how this has been done.\n12AD Details for secure local jobs code register—Act,\ns 22N (1) (c)\nThe following details are prescribed for each secure local jobs code\ncertificate:\n(a) the identifying number for the certificate;\n(b) the period for which the certificate has been granted under the\nAct, section 22J;\n\nSecure local jobs code Part 4\nSection 12AD\nR11\n01/07/24\nGovernment Procurement Regulation 2007\nEffective: 01/07/24\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) the name of the approved auditor that completed the report under\nthe Act, section 22I (2) (a) that was included with the application\nfor the certificate;\n(d) if the secure local jobs code certificate is held by an entity other\nthan an individual—the entity’s business address, phone number\nand email address.\n\nPart 5 Procurement board\nDivision 5.1 Board review of procurements\nSection 13\npage 26 Government Procurement Regulation 2007\nEffective: 01/07/24\nR11\n01/07/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 Procurement board\nDivision 5.1 Board review of procurements\n13 Application—div 5.1\nThis division—\n(a) applies to a procurement by a Territory entity to enter into a\nstanding-offer arrangement (a new standing-offer\narrangement); but\n(b) does not apply to procurement by a Territory entity under—\n(i) a standing-offer arrangement; or\n(ii) a contract entered into under a standing-offer arrangement.\n14 Procurements to be reviewed by board—Act,\ns 29 (2) (a) (i)\n(1) The following procurements by Territory entities must be reviewed\nby the board:\n(a) a procurement, including an acquisition or a disposal, that is in\nthe planning period and has an estimated total consideration of\n$7 million or more;\n(b) a procurement that is in the planning period and for which at\nleast 1 of the following applies:\n(i) there are significant concerns about probity;\nExample\nthere is a high or extreme probity risk rating in relation to the\nprocurement\n(ii) the procurement relates to information and\ncommunications technology that includes an element of\nsystem development or redesign;\n\nProcurement board Part 5\nBoard review of procurements Division 5.1\nSection 14\nR11\n01/07/24\nGovernment Procurement Regulation 2007\nEffective: 01/07/24\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(iii) the procurement is a new a standing-offer arrangement;\n(iv) the procurement proposes to substantially change the scope\nor nature of an existing procurement contract;\nExamples—substantially change\n1 extending the date an existing procurement contract ends, but this\nwas not considered when undertaking the procurement and the\ncontract does not provide for any extension\n2 changing the nature or volume of goods or services provided\n3 changing a delivery schedule or completion date\n4 changing the total consideration of an existing procurement\ncontract\n5 multiple small changes that, taken together, represent a substantial\nchange to an existing procurement contract\n(c) a procurement—\n(i) that has been undertaken but a procurement contract has\nnot yet been entered into; and\n(ii) for which there are significant concerns about probity;\nExample\na Territory entity has not addressed a recommendation in relation to\nprobity\n(d) a procurement that is referred to the board by any of the\nfollowing entities:\n(i) the Minister;\n(ii) a responsible chief executive officer for a Territory entity;\n(iii) the administrative unit responsible for administering the\nAct;\n(iv) Major Projects Canberra;\n(v) a person who has been engaged by a Territory entity to\ninvestigate whether the procurement was undertaken with\nprobity;\n\nPart 5 Procurement board\nDivision 5.2 Board members—conditions of appointment\nSection 15\npage 28 Government Procurement Regulation 2007\nEffective: 01/07/24\nR11\n01/07/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(e) a procurement, other than a procurement mentioned in\nparagraphs (a) to (d), that the board considers should be\nreviewed.\n(2) 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.\nDivision 5.2 Board members—conditions of\nappointment\n15 Board members—term of appointment—Act, s 34 (a)\n(1) A board member must be appointed for a term of not more than\n3 years.\n(2) A person who has been a member for 2 consecutive terms is not\neligible for reappointment.\n16 Board members—honesty, care and diligence—Act,\ns 34 (b)\nIn exercising the functions of a board member, the member must\nexercise the degree of honesty, care and diligence required to be\nexercised by a director of a company in relation to the affairs of the\ncompany.\n17 Board members—disclosure of interests—Act, s 34 (b)\n(1) This section applies to a board member if—\n(a) the member has a direct or indirect financial interest, or a direct\nor indirect interest of any other kind, in an issue being\nconsidered, or about to be considered, by the board; and\n\nProcurement board Part 5\nBoard proceedings and reporting Division 5.3\nSection 18\nR11\n01/07/24\nGovernment Procurement Regulation 2007\nEffective: 01/07/24\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the interest could conflict with the proper exercise of the\nmember’s functions in relation to the board’s consideration of\nthe issue.\n(2) As soon as practicable after the relevant facts come to the member’s\nknowledge, the member must disclose the nature of the interest to a\nmeeting of the board.\n(3) The disclosure must be recorded in the board’s minutes and, unless\nthe board otherwise decides, the member must not—\n(a) be present when the board considers the issue; or\n(b) take part in a decision of the board on the issue.\n(4) Any other member who also has a direct or indirect financial interest\nin the issue must not—\n(a) be present when the board is considering its decision under\nsubsection (3); or\n(b) take part in making the decision.\n18 Board members—ending appointment—Act, s 36 (3) (c)\nContravening either section 16 or section 17 without reasonable\nexcuse is prescribed.\nDivision 5.3 Board proceedings and reporting\n19 Annual board meeting\nThe board must meet at least once each financial year to discuss how\nthe board proposes to improve the processes and management of\nprocurements undertaken by Territory entities under the Act.\n\nPart 5 Procurement board\nDivision 5.3 Board proceedings and reporting\nSection 20\npage 30 Government Procurement Regulation 2007\nEffective: 01/07/24\nR11\n01/07/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n20 Board annual report\n(1) The board must, within 30 days of the start of each financial year,\ngive a report to the Minister (an annual report).\n(2) An annual report for a financial year must include the following in\nrelation to the previous financial year:\n(a) the board’s performance during the year in relation to providing\nstrategic direction in relation to procurement for the Territory;\n(b) whether, during the year, any member disclosed an interest\nunder section 17, and if so, how the disclosure was dealt with;\n(c) details about each procurement reviewed by the board during the\nyear, including—\n(i) the reason for review under section 14; and\n(ii) whether the board made any recommendations; and\n(iii) if the board did make a recommendation—whether the\nboard dealt with the matter in accordance with any\ngovernment procurement rules, and if so, how the matter\nwas dealt with;\n(d) details about—\n(i) any procurement practices reviewed and endorsed by the\nboard during the year; and\n(ii) any recommendations made by the board during the year\nin relation to any anticipated government procurement\npractices;\n(e) details about any advice the board provided during the year\nabout any practices, policies or procedures used by Territory\nentities in relation to undertaking procurements;\n(f) any other matter that the Minister reasonably requires.\n\nDictionary\nR11\n01/07/24\nGovernment Procurement Regulation 2007\nEffective: 01/07/24\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 2)\nNote 1 The Legislation Act contains definitions relevant to this Act. For\nexample:\n• Canberra Institute of Technology\n• city renewal authority\n• electoral commission\n• entity\n• function\n• gambling and racing commission\n• independent competition and regulatory commission\n• integrity commission\n• legal aid commission\n• public employee\n• public trustee and guardian\n• suburban land agency\n• work health and safety commissioner.\nNote 2 Terms used in this regulation have the same meaning that they have in\nthe Government Procurement Act 2001. For example, the following terms\nare defined in the Act, dict:\n• approved auditor\n• board\n• code\n• construction work\n• government procurement practices (see s 43 (1))\n• notifiable contract\n• notifiable invoice\n• probity (see s 7)\n• procurement (see s 5)\n• responsible chief executive officer\n• secure local jobs code\n• secure local jobs code certificate\n\nDictionary\npage 32 Government Procurement Regulation 2007\nEffective: 01/07/24\nR11\n01/07/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n• secure local jobs code register\n• tenderer\n• Territory entity (see s 6)\n• territory-funded work\n• value for money (see s 8 (1)).\nexemption reasons—see section 9 (1).\nlimited tender procurement—see section 7 (1).\nnew standing-offer arrangement—see section 13 (a).\nopen tender procurement—see section 8 (1).\nsupplier—see section 6 (2).\n\nEndnotes\nAbout the endnotes 1\nR11\n01/07/24\nGovernment Procurement Regulation 2007\nEffective: 01/07/24\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\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\nEndnotes\n3 Legislation history\npage 34 Government Procurement Regulation 2007\nEffective: 01/07/24\nR11\n01/07/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nGovernment Procurement Regulation 2007 SL2007-29\nnotified LR 28 September 2007\ns 1, s 2 commenced 28 September 2007 (LA s 75 (1))\nremainder commenced 1 October 2007 (s 2 and see Government\nProcurement Amendment Act 2007 A2007-11, s 2 and CN2007-14)\nas amended by\nGovernment Procurement Amendment Regulation 2009 (No 1)\nSL2009-17\nnotified LR 30 April 2009\ns 1, s 2 commenced 30 April 2009 (LA s 75 (1))\nremainder commenced 1 May 2009 (s 2)\nGovernment Procurement Amendment Regulation 2012 (No 1)\nSL2012-10\nnotified LR 26 March 2012\ns 1, s 2 commenced 26 March 2012 (LA s 75 (1))\nremainder commenced 5 April 2012 (s 2 and see Government\nProcurement Amendment Act 2012 A2012-11 s 2)\nLegislative Assembly (Office of the Legislative Assembly) Act 2012\nA2012-26 sch 1 pt 1.5\nnotified LR 24 May 2012\ns 1, s 2 commenced 24 May 2012 (LA s 75 (1))\nsch 1 pt 1.5 commenced 1 July 2012 (s 2)\nOfficers of the Assembly Legislation Amendment Act 2013 A2013-41\nsch 1 pt 1.4\nnotified LR 7 November 2013\ns 1, s 2 commenced 7 November 2013 (LA s 75 (1))\nsch 1 pt 1.4 commenced 1 July 2014 (s 2)\nGovernment Procurement (Transparency in Spending) Amendment\nAct 2015 A2015-14 pt 3\nnotified LR 20 May 2015\ns 1, s 2 commenced 20 May 2015 (LA s 75 (1))\npt 3 commenced 1 July 2015 (s 2 (1))\n\nEndnotes\nLegislation history 3\nR11\n01/07/24\nGovernment Procurement Regulation 2007\nEffective: 01/07/24\npage 35\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPublic Sector Management Amendment Act 2016 A2016-52 sch 1\npt 1.33\nnotified LR 25 August 2016\ns 1, s 2 commenced 25 August 2016 (LA s 75 (1))\nsch 1 pt 1.33 commenced 1 September 2016 (s 2)\nGovernment Procurement (Secure Local Jobs) Amendment\nRegulation 2018 (No 1) SL2018-22\nnotified LR 22 November 2018\ns 1, s 2 commenced 22 November 2018 (LA s 75 (1))\nsch 1 commenced 7 November 2019 (s 2 (2) and see Government\nProcurement (Secure Local Jobs) Amendment Act 2018 A2018-41,\ns 2 (3))\nremainder commenced 15 January 2019 (s 2 (1))\nGovernment Procurement (Secure Local Jobs) Amendment\nRegulation 2019 (No 1) SL2019-24\nnotified LR 12 September 2019\ns 1, s 2 commenced 12 September 2019 (LA s 75 (1))\nremainder commenced 7 November 2019 (s 2 and see Government\nProcurement (Secure Local Jobs) Amendment Regulation 2018 (No 1)\nSL2018-22, s 2 (2))\nGovernment Procurement Amendment Act 2022 A2022-1 pt 3\nnotified LR 16 February 2022\ns 1, s 2 commenced 16 February 2022 (LA s 75 (1))\npt 3 commenced 1 March 2022 (s 2)\nGovernment Procurement Amendment Act 2024 A2024-2 pt 3\nnotified LR 19 February 2024\ns 1, s 2 commenced 19 February 2024 (LA s 75 (1))\npt 3 commenced 1 July 2024 (s 2)\n\nEndnotes\n4 Amendment history\npage 36 Government Procurement Regulation 2007\nEffective: 01/07/24\nR11\n01/07/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nDictionary\ns 2 om R1 LA s 89 (4)\nins A2024-2 s 75\nImportant concepts\npt 1A hdg ins A2024-2 s 76\nMeaning of procurement—Act, s 5 (4)\ns 3A ins A2024-2 s 76\nPrescribed territory authorities—Act, s 6 (1), def Territory entity, par (d)\ns 3B ins A2024-2 s 76\nMeaning of procurement contract—Act, s 9, def procurement contract,\npar (b)\ns 3C ins A2024-2 s 76\nQuotation and tender thresholds and exemptions\npt 2 hdg sub A2024-2 s 77\nPreliminary\ndiv 2.1 hdg ins A2024-2 s 77\nApplication—pt 2\ns 4 sub A2024-2 s 77\nDelegation by responsible chief executive officer\ns 5 sub SL2009-17 s 4; A2024-2 s 77\nQuotation and tender thresholds\ndiv 2.2 hdg ins A2024-2 s 77\nLow-value procurement\ns 6 sub SL2009-17 s 5; A2024-2 s 77\nLimited tender procurement\ns 7 om SL2009-17 s 6\nins A2024-2 s 77\nOpen tender procurement\ns 8 om SL2009-17 s 6\nins A2024-2 s 77\nExemptions\ndiv 2.3 hdg ins A2024-2 s 77\nExemption reasons—limited and open tender procurement\ns 9 hdg am SL2009-17 s 7\ns 9 am SL2009-17 s 7\nsub A2024-2 s 77\n\nEndnotes\nAmendment history 4\nR11\n01/07/24\nGovernment Procurement Regulation 2007\nEffective: 01/07/24\npage 37\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nExemptions—limited tender procurement\ns 10 am SL2009-17 s 8; SL2012-10 s 4; A2016-52 amdt 1.98\nsub A2024-2 s 77\nExemptions—open tender procurement\ns 10A ins A2024-2 s 77\nExemptions—directions\ns 10B ins A2024-2 s 77\nOpen tender procurement\ndiv 2.4 hdg ins A2024-2 s 77\nNotice of procurements for open tender procurements\ns 10C ins A2024-2 s 77\nLate tenders\ns 10D ins A2024-2 s 77\nNotifiable contracts and notifiable invoices\npt 3 hdg sub SL2018-22 s 4; A2024-2 s 77\nNotifiable contract threshold—Act, s 12 (2) (b)\ns 11 sub A2024-2 s 77\nNotifiable invoice threshold—Act, s 13 (a) (ii)\ns 12 sub A2024-2 s 77\nContents of register—Act, s 15 (1)\ns 12A ins SL2012-10 s 5\nom A2024-2 s 81\nins A2024-2 s 77\nPublic access to information on register\ns 12B ins SL2012-10 s 5\nom A2024-2 s 81\nins A2024-2 s 77\nTerritory entities to enter information in register\ns 12C ins A2015-14 s 6\nom A2024-2 s 81\nins A2024-2 s 77\nSecure local jobs code\npt 4 hdg ins SL2018-22 s 5\nPrescribed value of services—Act, s 22F (1) (a) (ii)\ns 12AA hdg sub A2024-2 s 78\ns 12AA ins SL2018-22 amdt 1.1\n\nEndnotes\n4 Amendment history\npage 38 Government Procurement Regulation 2007\nEffective: 01/07/24\nR11\n01/07/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nExcluded services—Act, s 22F (3)\ns 12AB hdg sub A2024-2 s 78\ns 12AB ins SL2018-22 amdt 1.1\nam SL2019-24 s 4\nLabour relations, training and workplace equity plan—Act, s 22G (6) (b)\ns 12AC ins SL2018-22 s 5\nam A2022-1 s 19; A2024-2 s 79, s 80\nDetails for secure local jobs code register—Act, s 22N (1) (c)\ns12AD ins SL2018-22 s 5\nProcurement board\npt 5 hdg ins SL2018-22 s 5\nsub A2024-2 s 81\nBoard review of procurements\ndiv 5.1 hdg ins A2024-2 s 81\nApplication—div 5.1\ns 13 am A2012-26 amdt 1.30; A2013-41 amdt 1.26\nsub A2024-2 s 81\nProcurements to be reviewed by board—Act, s 29 (2) (a) (i)\ns 14 sub A2024-2 s 81\nBoard members—conditions of appointment\ndiv 5.2 hdg ins A2024-2 s 81\nBoard members—term of appointment—Act, s 34 (a)\ns 15 om R1 LA s 89 (3)\nins A2024-2 s 81\nBoard members—honesty, care and diligence—Act, s 34 (b)\ns 16 ins A2024-2 s 81\nBoard members—disclosure of interests—Act, s 34 (b)\ns 17 ins A2024-2 s 81\nBoard members—ending appointment—Act, s 36 (3) (c)\ns 18 ins A2024-2 s 81\nBoard proceedings and reporting\ndiv 5.3 hdg ins A2024-2 s 81\nAnnual board meeting\ns 19 ins A2024-2 s 81\nBoard annual report\ns 20 ins A2024-2 s 81\n\nEndnotes\nAmendment history 4\nR11\n01/07/24\nGovernment Procurement Regulation 2007\nEffective: 01/07/24\npage 39\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nMiscellaneous\npt 6 hdg ins SL2018-22 s 6\nom A2024-2 s 81\nDictionary\ndict ins A2024-2 s 82\ndef exemption reasons ins A2024-2 s 82\ndef limited tender procurement ins A2024-2 s 82\ndef new standing-offer arrangement ins A2024-2 s 82\ndef open tender procurement ins A2024-2 s 82\ndef supplier ins A2024-2 s 82\n\nEndnotes\n5 Earlier republications\npage 40 Government Procurement Regulation 2007\nEffective: 01/07/24\nR11\n01/07/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\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.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n1 Oct 2007\n1 Oct 2007–\n30 Apr 2009\nnot amended new regulation\nR2\n1 May 2009\n1 May 2009–\n4 Apr 2012\nSL2009-17 amendments by\nSL2009-17\nR3\n5 Apr 2012\n5 Apr 2012–\n30 June 2012\nSL2012-10 amendments by\nSL2012-10\nR4\n1 July 2012\n1 July 2012–\n30 June 2014\nA2012-26 amendments by\nA2012-26\nR5\n1 July 2014\n1 July 2014–\n30 June 2015\nA2013-41 amendments by\nA2013-41\nR6\n1 July 2015\n1 July 2015–\n31 Aug 2016\nA2015-14 amendments by\nA2015-14\nR7\n1 Sept 2016\n1 Sept 2016–\n14 Jan 2019\nA2016-52 amendments by\nA2016-52\nR8\n15 Jan 2019\n15 Jan 2019–\n6 Nov 2019\nSL2018-22 amendments by\nSL2018-22\nR9\n7 Nov 2019\n7 Nov 2019–\n28 Feb 2022\nSL2019-24 amendments by\nSL2018-22 and\nSL2019-24\nR10\n1 Mar 2022\n1 Mar 2022–\n30 June 2024\nA2022-1 amendments by\nA2022-1\n© Australian Capital Territory 2024","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The regulation has expanded significantly beyond basic procurement thresholds. Originally focused on quotation/tender rules and transparency, it now includes: (1) the Secure Local Jobs Code (Part 4) imposing industrial relations and workforce planning obligations on suppliers; (2) detailed Procurement Board governance and probity oversight (Part 5); (3) specific Indigenous and local business procurement preferences; and (4) complex public register requirements. The 2024 amendments (A2024-2) substantially restructured Part 2, added Part 1A definitional concepts, and inserted new divisional structures, indicating ongoing scope creep from administrative rules toward active economic and social policy implementation."},"complexity_factors":["Multiple nested exemption frameworks: general exemption reasons in s 9, specific limited tender exemptions in s 10, open tender exemptions in s 10A, and directional powers in s 10B","Dual threshold systems with different dollar amounts for construction vs non-construction (ss 6-8)","Extensive cross-referencing to parent Act (Government Procurement Act 2001) with 15+ defined terms imported from Act dictionary","Conditional logic in advertising periods - 25 days default vs 10 days with two alternative preconditions (s 8(2)(b))","Part 4 Secure Local Jobs Code introduces substantive industrial relations obligations with 9 mandatory plan components (s 12AC) and ANZSIC classification references","Board review triggers in s 14 contain 5 distinct categories with multiple sub-conditions (planning period thresholds, probity concerns, ICT criteria, referral mechanisms, discretionary reviews)","17 defined terms in regulation dictionary plus 12+ signposted definitions in Legislation Act and parent Act","Temporal compliance requirements (21 days for contract entry, monthly for invoices in s 12C)","Geographic scope definitions for 'ACT or surrounding region' listing 12 specific shires (s 10(3))"],"plain_english_summary":"This regulation sets procurement rules for ACT Government agencies, creating a value-based tiering for small, medium and large purchases and prescribing how quotes or public tenders must be sought. It requires publication of most contracts and large invoices, mandates a Secure Local Jobs Code for many service contracts to protect workers, and puts a Procurement Board with conflict-of-interest limits over high‑risk procurements. It affects ACT agencies, listed authorities, suppliers to government, and taxpayers seeking transparency."},"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 regulation’s scope has expanded since 2007 through successive amendments (see Endnotes 3–4; e.g. A2018‑22, A2024‑2). Additions include a Secure Local Jobs Code (pt 4, ss 12AA–12AD), enhanced transparency and notifiable contract/invoice registers (pt 3, ss 11–12C), and a Procurement Board with specific review powers and member duties (pt 5, ss 13–20). Thresholds, exemption rules and procedural details for quotations, tenders and advertising have also been revised, broadening compliance and oversight obligations."},"complexity_factors":["Multiple overlapping monetary thresholds that trigger different rules (low‑value: s 6; limited tender: s 7; open tender: s 8; notifiable contract/invoice: ss 11–12; secure local jobs threshold: s 12AA).","Broad exemption regime giving responsible chief executive officers discretionary power to waive quotation/tender requirements for many reasons (s 9) and to grant written exemptions for limited and open tender procurements (ss 10, 10A) and to issue directions when exempting (s 10B).","Transparency and reporting obligations requiring entry in a public register, specific data fields, time limits and public access (ss 12A–12C), creating compliance and record‑keeping burdens on responsible entities.","Secure Local Jobs Code compliance obligations impose substantive plan content and auditing/register details on tenderers for covered services (ss 12AA–12AD), increasing procurement conditionality and monitoring costs.","Procurement board review powers and procedural requirements for high‑value or probity‑sensitive procurements, plus duties/eligibility rules for board members (ss 13–20), adding a layer of oversight and process complexity.","Detailed operational requirements for open tenders (invitation, electronic advertising periods, late‑tender rule) that restrict discretion once thresholds are met (s 8, ss 10C–10D).","Definitions and carve‑outs (what counts as procurement, prescribed Territory authorities, and prescribed procurement contract documents) that affect scope and applicability (ss 3A, 3B, 3C).","Administrative delegation power allowing responsible chief executives to delegate functions under Part 2 to public employees (s 5), diffusing responsibility across administrative layers.","Frequent amendment history and inserted parts (see endnotes) mean the instrument’s structure and practical reach have changed over time, increasing interpretive complexity (Endnotes: legislation and amendment history)."],"plain_english_summary":"This regulation sets the ACT’s practical procurement rules: when Territory entities must seek quotations, run limited or open tenders, and when exemptions apply. It prescribes thresholds for public reporting of contracts and invoices, registers, advertising periods, and requirements like the secure local jobs code and board review for major or probity‑sensitive procurements. It mainly affects Territory entities, suppliers and tenderers — responsible chief executives and the procurement board make key discretionary decisions; suppliers and tenderers face documentation, timing and reporting obligations."}},"importantCases":[],"_links":{"self":"/api/acts/government-procurement-regulation-2007","history":"/api/acts/government-procurement-regulation-2007/history","analysis":"/api/acts/government-procurement-regulation-2007/analysis","conflicts":"/api/acts/government-procurement-regulation-2007/conflicts","importantCases":"/api/acts/government-procurement-regulation-2007/important-cases","documents":"/api/acts/government-procurement-regulation-2007/documents"}}