5Meaning of procurement

5 Meaning of procurement (1) In this Act: procurement— (a) means the process by which a Territory entity— (i) acquires goods or services by any contractual means, including purchase, lease or rent (with or without an option to buy), or exchange; or (ii) deals in any legal or equitable estate or interest in land or deals in a right, power or privilege over, or in relation to, land as a sublease or licence over land, or part of land, in which the Territory or the Territory entity is the sublessee or licensee; and (b) includes the process by which a Territory entity disposes of goods by any contractual means, including sale. Note Interest, in relation to land—see the Legislation Act, dictionary, pt 1. (2) Also, procurement includes a procurement by— (a) a Territory entity acting solely on behalf of another entity; or (b) another entity acting solely on behalf of a Territory entity. Example—par (a) Canberra Institute of Technology acting solely on behalf of CIT Solutions (3) However, procurement does not include— (a) acquiring goods or services for— (i) resale; or (ii) use in the production of goods for resale; or

(b) an acquisition of goods or services by a Territory entity from another Territory entity; or (c) a dealing mentioned in subsection (1), definition of procurement, paragraph (a) (ii) between Territory entities; or (d) a dealing in any legal or equitable estate or interest in land or a dealing in a right, power or privilege over, or in relation to, land other than as mentioned in subsection (1), definition of procurement, paragraph (a) (ii). Examples—par (d) 1 the grant of a lease or licence of land under the Planning Act 2023 2 the purchase of land by the Territory or a Territory entity 3 the grant of a sublease or licence by the Territory or a Territory entity as sublessor or licensor (4) A regulation may prescribe that something is, or is not, procurement for this Act. (5) In this section: sublease includes an underlease.