J2025-349
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Government Procurement Amendment
Act 2026
A2026-1
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Legislation amended 2
Part 2 Government Procurement Act 2001
4 Meaning of procurement
Section 5 (1), definition of procurement, paragraphs (a) (i) and (b) 3
5 Form of procurement contracts and amendments
Section 10 3
Contents
Page
contents 2 Government Procurement Amendment Act 2026 A2026-1
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
6 Meaning of confidential text—pt 2
Section 16 (1), definition of confidential text, paragraph (b), except
note 3
7 Section 16 (2) 4
8 Compliance with Act—annual reporting
New section 44 (2A) 4
9 Dictionary, definition of standing-offer arrangement, examples 4
Part 3 Government Procurement Regulation 2007
10 Section 3B heading 5
11 Section 3B (1) 5
12 Application—pt 2
Section 4 (1) (a), note 5
13 Section 4 (2), definition of standing-offer arrangement 5
14 Low-value procurement
New section 6 (3) 5
15 Limited tender procurement
Section 7 (2) 6
16 Exemption reasons—limited and open tender procurement
New section 9 (1A) 7
17 Section 10 8
18 Late tenders
Section 10D (1) (c) 8
19 Contents of register—Act, s 15 (1)
Section 12A (1) (q) 8
20 Application—div 5.1
Section 13 (a) 8
21 Procurements to be reviewed by board—Act, s 29 (2) (a) (i)
Section 14 (1) 9
22 Division 5.3 heading 10
23 Board annual report
Section 20 10
24 Dictionary, note 2 10
25 Dictionary, note 2 11
26 Dictionary, definition of new standing-offer arrangement 11
J2025-349
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Government Procurement Amendment
Act 2026
A2026-1
An Act to amend the Government Procurement Act 2001 and the Government
Procurement Regulation 2007
The Legislative Assembly for the Australian Capital Territory enacts as follows:
Part 1 Preliminary
Section 1
page 2 Government Procurement Amendment Act 2026 A2026-1
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Part 1 Preliminary
1 Name of Act
This Act is the Government Procurement Amendment Act 2026.
2 Commencement
This Act commences on a day fixed by the Minister by written notice.
Note 1 The naming and commencement provisions automatically commence on
the notification day (see Legislation Act, s 75 (1)).
Note 2 A single day or time may be fixed, or different days or times may be
fixed, for the commencement of different provisions (see Legislation Act,
s 77 (1)).
Note 3 If a provision has not commenced within 6 months beginning on the
notification day, it automatically commences on the first day after that
period (see Legislation Act, s 79).
3 Legislation amended
This Act amends the Government Procurement Act 2001 and the
Government Procurement Regulation 2007.
Section 1 - Government Procurement Amendment Act 2026 - Government Procurement Amendment Act 2026 | Zoe
Government Procurement Act 2001 Part 2
Section 4
A2026-1 Government Procurement Amendment Act 2026 page 3
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Part 2 Government Procurement
Act 2001
4 Meaning of procurement
Section 5 (1), definition of procurement,
paragraphs (a) (i) and (b)
omit
contractual
5 Form of procurement contracts and amendments
Section 10
after
procurement contract
insert
with an estimated total consideration of $500 or more
6 Meaning of confidential text—pt 2
Section 16 (1), definition of confidential text,
paragraph (b), except note
substitute
(b) includes—
(i) an individual’s name, other than the name of an individual
supplying goods or services in their own name under the
notifiable contract; and
(ii) any other personal information about an individual.
Part 2 Government Procurement Act 2001
Section 7
page 4 Government Procurement Amendment Act 2026 A2026-1
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
7 Section 16 (2)
substitute
(2) If a notifiable contract relates to the provision of legal services, all
text of the contract is taken to be confidential text.
8 Compliance with Act—annual reporting
New section 44 (2A)
insert
(2A) A compliance report does not have to include details about the
Territory entity’s compliance with the following instruments made
under this Act:
(a) the secure local jobs code made under section 22M;
(b) the guidelines made under section 22U;
(c) the government procurement rules;
(d) the government procurement practices.
9 Dictionary, definition of standing-offer arrangement,
examples
after
head agreement
insert
, panel arrangement
Government Procurement Regulation 2007 Part 3
Section 10
A2026-1 Government Procurement Amendment Act 2026 page 5
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Part 3 Government Procurement
Regulation 2007
10 Section 3B heading
substitute
3B Prescribed entities—Act, s 6 (1), def Territory entity,
par (d)
11 Section 3B (1)
omit
territory authorities
12 Application—pt 2
Section 4 (1) (a), note
substitute
Note This part applies to a procurement to enter into a standing-offer
arrangement.
13 Section 4 (2), definition of standing-offer arrangement
omit
14 Low-value procurement
New section 6 (3)
insert
(3) However, a Territory entity may obtain an oral quotation from a
supplier for a procurement with an estimated total consideration of
less than $500.
Part 3 Government Procurement Regulation 2007
Section 15
page 6 Government Procurement Amendment Act 2026 A2026-1
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15 Limited tender procurement
Section 7 (2)
substitute
(2) The Territory entity must seek at least—
(a) 3 written quotations for the procurement from suppliers; or
(b) 1 written quotation for the procurement from a supplier that is—
(i) a certified Aboriginal or Torres Strait Islander entity; or
(ii) a small or medium business entity based in the ACT or
surrounding region.
(3) In this section:
Aboriginal or Torres Strait Islander person means a person who—
(a) is a descendant of an Aboriginal person or a Torres Strait
Islander person; and
(b) identifies as an Aboriginal person or a Torres Strait Islander
person; and
(c) is accepted as an Aboriginal person or a Torres Strait Islander
person by an Aboriginal community or a Torres Strait Islander
community.
certified Aboriginal or Torres Strait Islander entity means an entity
that—
(a) is at least 50% owned and operated by an Aboriginal or Torres
Strait Islander person; and
(b) has been certified by another entity to be owned and operated by
an Aboriginal or Torres Strait Islander person.
Examples—certifying entities
• Supply Nation
• National Aboriginal Community Controlled Health Organisation (NACCHO)
• Office of the Registrar of Indigenous Corporations
Government Procurement Regulation 2007 Part 3
Section 16
A2026-1 Government Procurement Amendment Act 2026 page 7
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entity based in the ACT or surrounding region means an entity that
is permanently and primarily located in the ACT or the following
areas under the Local Government Act 1993 (NSW):
(a) Bega Valley;
(b) Eurobodalla;
(c) Goulburn Mulwaree;
(d) Hilltops;
(e) Queanbeyan-Palerang Regional;
(f) Snowy Monaro Regional;
(g) Snowy Valleys;
(h) Upper Lachlan Shire;
(i) Wingecarribee;
(j) Yass Valley.
small or medium business entity means an entity that employs less
than 200 people.
16 Exemption reasons—limited and open tender
procurement
New section 9 (1A)
insert
(1A) Subsection (1) (i) applies whether the additional goods or services are
supplied under the initial procurement contract as amended or a new
procurement contract.
Part 3 Government Procurement Regulation 2007
Section 17
page 8 Government Procurement Amendment Act 2026 A2026-1
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17 Section 10
substitute
10 Exemptions—limited tender procurement
The responsible chief executive officer for a Territory entity may, in
writing, exempt the Territory entity from the requirement under
section 7 (2) (a) to seek at least 3 written quotations if satisfied on
reasonable grounds that at least 1 of the exemption reasons applies.
18 Late tenders
Section 10D (1) (c)
omit
the last day of
19 Contents of register—Act, s 15 (1)
Section 12A (1) (q)
after
amendment of the contract
insert
, other than any document applied, adopted or incorporated in the
contract by reference
20 Application—div 5.1
Section 13 (a)
omit
(a new standing-offer arrangement)
Government Procurement Regulation 2007 Part 3
Section 21
A2026-1 Government Procurement Amendment Act 2026 page 9
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
21 Procurements to be reviewed by board—Act,
s 29 (2) (a) (i)
Section 14 (1)
substitute
(1) The following procurements by Territory entities must be reviewed
by the board:
(a) a procurement that is—
(i) in the planning period; and
(ii) has an estimated total consideration of $7 million or more;
(b) a procurement that is in the planning period if—
(i) the procurement relates to information and
communications technology that includes an element of
system development or redesign; or
(ii) the procurement is to enter into a standing-offer
arrangement under which goods or services may be
supplied to more than 1 Territory entity;
(c) a procurement that proposes to substantially change the scope or
nature of an existing procurement contract if the change is not
expressly provided for in the existing procurement contract;
(d) a procurement if—
(i) a procurement contract has not yet been entered into for
the procurement; and
(ii) there are significant concerns about probity;
(e) a procurement that is referred to the board by any of the
following:
(i) the Minister;
(ii) a responsible chief executive officer for a Territory entity;
Part 3 Government Procurement Regulation 2007
Section 22
page 10 Government Procurement Amendment Act 2026 A2026-1
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(iii) the administrative unit responsible for administering
the Act;
(iv) a person who has been engaged by a Territory entity to
investigate whether the procurement was undertaken with
probity;
(f) any other procurement that the board considers should be
reviewed.
(1A) However, the board is not required to review a procurement under
subsection (1) (a), (b) or (c) if—
(a) the procurement is of a kind mentioned in section 9 (1) (i); and
(b) the responsible chief executive officer for the Territory entity
undertaking the procurement has exempted the Territory entity
under section 10 or section 10A in relation to the procurement.
22 Division 5.3 heading
substitute
Division 5.3 Board proceedings
23 Board annual report
Section 20
omit
24 Dictionary, note 2
omit
• government procurement practices (see s 43 (1))