10Key goods or services

10 Key goods or services

(1) For the purposes of this Act, key goods or services means goods or services other than goods or services supplied, or to be supplied, under a low‑value contract. Anti‑avoidance (2) If: (a) a person proposes to acquire goods or services for a major project under 2 or more low‑value contracts; and (b) the total expenditure incurred, or to be incurred, by the person under those contracts is likely to be greater than or equal to the low‑value contract threshold amount; and (c) having regard to the following: (i) the manner in which the contracts are likely to be entered into; (ii) the period of time over which the contracts are likely to be entered into; (iii) the likely interval or intervals of time (if any) between the entering into of the contracts; (iv) the locations at which the contracts are likely to be entered into; it would be concluded that the person proposes to acquire those goods or services under those contracts for the sole or dominant purpose of enabling a person to avoid the application of an approved AIP plan to those goods or services; the Authority may, by writing, determine that those goods or services are key goods or services for the purposes of this Act. (3) For the purposes of subsection (2), it is immaterial whether the person last mentioned in paragraph (2)(c) is the person mentioned in paragraph (2)(a). (4) If the Authority makes a determination under subsection (2), the Authority must publish a copy of the determination on the Authority’s website. (5) A determination under subsection (2) is not a legislative instrument. Arm’s length transactions (6) If: (a) a person has incurred, or is reasonably likely to incur, expenditure in connection with a transaction; and (b) the parties to the transaction did not, or are not likely to, deal with each other at arm’s length in relation to the transaction; and (c) the amount of the expenditure is, or is reasonably likely to be, less than is reasonable; the amount of the expenditure is taken, for the purposes of this section, to be the amount that would have been reasonable if the parties were dealing with each other at arm’s length. Low‑value contract (7) For the purposes of this Act, if the total expenditure incurred, or to be incurred, in acquiring goods or services under a contract is less than the low‑value contract threshold amount, the contract is a low‑value contract. Low‑value contract threshold amount (8) For the purposes of this Act, low‑value contract threshold amount means $1 million.