Government Procurement Regulation 2007 (ACT)

This regulation implements detailed procedural and administrative requirements under the Government Procurement Act 2001 for procurement by Territory entities in the Australian Capital Territory. Mechanically it does the following.

Classifies procurements into low-value, limited tender and open tender categories and sets monetary thresholds that determine required market approaches and process requirements (ss 6-8). Low-value procurements under $25,000 require at least one written quotation (s 6). Limited tender procurements require at least three written quotations where thresholds are met (s 7). Open tender procurements trigger formal invitations to tender and minimum electronic advertising periods (s 8).
Prescribes the reasons and mechanisms by which a responsible chief executive officer may exempt a Territory entity from the quotation and open-tender rules, and to what limited extent the officer may direct the entity after granting an exemption (ss 9-10B).
Prescribes the monetary thresholds that trigger disclosure on the notifiable contracts and invoices register, the specific content required for entries, the timelines for entering and updating register entries, and public access and retention requirements (ss 11-12C).
Establishes parameters for the secure local jobs code, including the monetary trigger for services, classes of services excluded by industry classification, the mandatory content of labour relations, training and workplace equity plans, and the information captured on the code certificate register (ss 12AA-12AD).
Sets when the Procurement Board must review procurements (notably procurements in the planning period with an estimated total consideration of $7 million or more), and prescribes conditions of appointment and conduct for board members, including disclosure and recusal obligations and an annual reporting regime (ss 13-20).

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Government Procurement Regulation 2007 SL2007-29 made under the Government Procurement Act 2001 Republication No 11 Effective: 1 July 2024 Republication date: 1 July 2024 Last amendment made by A2024-2

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au About this republication The republished law This is a republication of the Government Procurement Regulation 2007, made under the Government Procurement Act 2001 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 July 2024. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 July 2024. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

R11 01/07/24 Government Procurement Regulation 2007 Effective: 01/07/24 contents 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Government Procurement Regulation 2007 made under the Government Procurement Act 2001 Contents Page Part 1 Preliminary 1 Name of regulation 2 2 Dictionary 2 3 Notes 2 Part 1A Important concepts 3A Meaning of procurement—Act, s 5 (4) 3 3B Prescribed territory authorities—Act, s 6 (1), def Territory entity, par (d) 4 3C Meaning of procurement contract—Act, s 9, def procurement contract, par (b) 6

Contents Page contents 2 Government Procurement Regulation 2007 Effective: 01/07/24 R11 01/07/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Quotation and tender thresholds and exemptions Division 2.1 Preliminary 4 Application—pt 2 7 5 Delegation by responsible chief executive officer 9 Division 2.2 Quotation and tender thresholds 6 Low-value procurement 9 7 Limited tender procurement 9 8 Open tender procurement 10 Division 2.3 Exemptions 9 Exemption reasons—limited and open tender procurement 11 10 Exemptions—limited tender procurement 13 10A Exemptions—open tender procurement 15 10B Exemptions—directions 16 Division 2.4 Open tender procurement 10C Notice of procurements for open tender procurements 16 10D Late tenders 16 Part 3 Notifiable contracts and notifiable invoices 11 Notifiable contract threshold—Act, s 12 (2) (b) 18 12 Notifiable invoice threshold—Act, s 13 (a) (ii) 18 12A Contents of register—Act, s 15 (1) 18 12B Public access to information on register 20 12C Territory entities to enter information in register 21 Part 4 Secure local jobs code 12AA Prescribed value of services—Act, s 22F (1) (a) (ii) 22 12AB Excluded services—Act, s 22F (3) 22 12AC Labour relations, training and workplace equity plan—Act, s 22G (6) (b) 23 12AD Details for secure local jobs code register—Act, s 22N (1) (c) 24

Contents Page R11 01/07/24 Government Procurement Regulation 2007 Effective: 01/07/24 contents 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 5 Procurement board Division 5.1 Board review of procurements 13 Application—div 5.1 26 14 Procurements to be reviewed by board—Act, s 29 (2) (a) (i) 26 Division 5.2 Board members—conditions of appointment 15 Board members—term of appointment—Act, s 34 (a) 28 16 Board members—honesty, care and diligence—Act, s 34 (b) 28 17 Board members—disclosure of interests—Act, s 34 (b) 28 18 Board members—ending appointment—Act, s 36 (3) (c) 29 Division 5.3 Board proceedings and reporting 19 Annual board meeting 29 20 Board annual report 30 Dictionary 31 Endnotes 1 About the endnotes 33 2 Abbreviation key 33 3 Legislation history 34 4 Amendment history 36 5 Earlier republications 40

R11 01/07/24 Government Procurement Regulation 2007 Effective: 01/07/24 page 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Government Procurement Regulation 2007 made under the Government Procurement Act 2001

Part 1 Preliminary Section 1 page 2 Government Procurement Regulation 2007 Effective: 01/07/24 R11 01/07/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1 Preliminary 1 Name of regulation This regulation is the Government Procurement Regulation 2007. 2 Dictionary The dictionary at the end of this regulation is part of this regulation. Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere. For example, the signpost definition ‘supplier—see section 6 (2).’ means that the term ‘supplier’ is defined in that section. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). 3 Notes A note included in this regulation is explanatory and is not part of this regulation. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Important concepts Part 1A Section 3A R11 01/07/24 Government Procurement Regulation 2007 Effective: 01/07/24 page 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1A Important concepts 3A Meaning of procurement—Act, s 5 (4) (1) The following are not procurement: (a) a grant; (b) an investment or borrowing under the Financial Management Act 1996; (c) a loan or a rebate to, or provided by, a Territory entity; Example a concessional loan from the Australian Government to the Territory for loose-fill asbestos removal in the ACT (d) an acquisition or disposal by a Territory entity under another territory law. Example an acquisition under the Lands Acquisition Act 1994 (2) In this section: grant— (a) means a payment of public money to a person by the Territory, or on behalf of the Territory, to— (i) achieve a stated government policy outcome; and (ii) assist the person achieve a stated objective; and (b) includes a payment— (i) made as a result of a selection process; or (ii) made because stated criteria are satisfied; or

Part 1A Important concepts Section 3B page 4 Government Procurement Regulation 2007 Effective: 01/07/24 R11 01/07/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (iii) that is a one-off or ad hoc payment. Examples—grants 1 a research grant 2 a community support grant 3 a grant for arts activities public money—see the Financial Management Act 1996, dictionary. 3B Prescribed territory authorities—Act, s 6 (1), def Territory entity, par (d) (1) The following territory authorities are prescribed: (a) the ACT Teacher Quality Institute; (b) the Australian Capital Territory Insurance Authority; (c) the Building and Construction Industry Training Fund Authority; (d) the Cemeteries and Crematoria Authority; (e) the Canberra Institute of Technology; (f) the city renewal authority; (g) the Cultural Facilities Corporation; (h) the electoral commission; (i) the gambling and racing commission; (j) the independent competition and regulatory commission; (k) the integrity commission; (l) the legal aid commission; (m) the Long Service Leave Authority; (n) the Motor Accident Injuries Commission; (o) the Office of the Auditor-General;

Important concepts Part 1A Section 3B R11 01/07/24 Government Procurement Regulation 2007 Effective: 01/07/24 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (p) the Office of the Work Health and Safety Commissioner; (q) the public trustee and guardian; (r) the suburban land agency. (2) In this section: ACT Teacher Quality Institute means the institute established under the ACT Teacher Quality Institute Act 2010, section 10. Australian Capital Territory Insurance Authority means the authority established under the Insurance Authority Act 2005, section 7. Building and Construction Industry Training Fund Authority means the authority established under the Building and Construction Industry Training Levy Act 1999, section 4. Cemeteries and Crematoria Authority means the authority established under the Cemeteries and Crematoria Act 2020, section 113. Cultural Facilities Corporation means the corporation established under the Cultural Facilities Corporation Act 1997, section 5. Long Service Leave Authority means the authority established under the Long Service Leave (Portable Schemes) Act 2009, section 79A. Motor Accident Injuries Commission means the commission established under the Motor Accident Injuries Act 2019, section 22. Office of the Auditor-General means the office established under the Auditor-General Act 1996, division 2.4. Office of the Work Health and Safety Commissioner means the office established under the Work Health and Safety Act 2011, schedule 2, section 2.18.

Part 1A Important concepts Section 3C page 6 Government Procurement Regulation 2007 Effective: 01/07/24 R11 01/07/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3C Meaning of procurement contract—Act, s 9, def procurement contract, par (b) (1) The following documents are prescribed: (a) a labour relations, training and workplace equity plan; (b) a plan— (i) made in relation to local industry participation; and (ii) submitted by a tenderer in relation to an open tender procurement if the estimated total consideration of the procurement is $5 million or more. Note The Canberra Region Local Industry Participation Policy is accessible at www.procurement.act.gov.au.

Quotation and tender thresholds and exemptions Part 2 Preliminary Division 2.1 Section 4 R11 01/07/24 Government Procurement Regulation 2007 Effective: 01/07/24 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Quotation and tender thresholds and exemptions Division 2.1 Preliminary 4 Application—pt 2 (1) This part does not apply to a procurement by a Territory entity if the procurement is— (a) under a standing-offer arrangement; or Note Par (a) does not include a new standing-offer arrangement (see s (2)). (b) of a sublease or licence over land, or part of land, in which the Territory or the Territory entity is the sublessee or licensee; or Example the sublease of part of a building by the Territory for Territory use (c) of goods or services from the Commonwealth, a State or a local government, or an entity of the Commonwealth, a State or a local government; or Note State includes the Northern Territory (see Legislation Act, dict, pt 1). (d) of research and development services, other than in relation to the planning of research and development services; or Examples—research and development services surveys, market research, product design, production of prototypes Example—planning of research and development services consulting as to what should be surveyed, researched, designed or produced

Part 2 Quotation and tender thresholds and exemptions Division 2.1 Preliminary Section 4 page 8 Government Procurement Regulation 2007 Effective: 01/07/24 R11 01/07/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (e) of Territory banking, borrowing or investment services; or Examples—borrowing services sale and distribution, settlement and clearing house, registry, issuing and paying agency and credit rating services Examples—investment services investment management, master custody and safekeeping, investment advisory, financial market data, indices, subscriptions and licensing and research services (f) for engaging a person in relation to any current or anticipated litigation or legal dispute; or Example engaging counsel, a barrister or an expert witness (g) for emergency works— (i) to critical services that have been disrupted; or (ii) to prevent an imminent danger to health and safety; or (h) of goods or services from outside of Australia, for use outside of Australia; or (i) a disposal. (2) In this section: entity of the Commonwealth, a State or a local government means an entity of the Commonwealth, a State or a local government that exercises functions that correspond, or substantially correspond, to the functions of— (a) an entity mentioned in the Act, section 6, definition of Territory entity; or (b) a territory-owned corporation; or (c) a territory authority that is not a Territory entity; or (d) a territory instrumentality.

Quotation and tender thresholds and exemptions Part 2 Quotation and tender thresholds Division 2.2 Section 5 R11 01/07/24 Government Procurement Regulation 2007 Effective: 01/07/24 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au standing-offer arrangement does not include a new standing-offer arrangement. sublease includes an underlease. 5 Delegation by responsible chief executive officer The responsible chief executive officer for a Territory entity may delegate the officer’s functions under this part to a public employee. Note For laws about delegations, see the Legislation Act, pt 19.4. Division 2.2 Quotation and tender thresholds 6 Low-value procurement (1) This section applies to a procurement by a Territory entity if the estimated total consideration of the procurement is less than $25 000. (2) The Territory entity must seek at least 1 written quotation from an entity that can supply the goods or services (a supplier) for the procurement. 7 Limited tender procurement (1) This section applies to a procurement by a Territory entity (a limited tender procurement) if the estimated total consideration of the procurement is— (a) for goods or services that are not related to construction work— at least $25 000 but less than $500 000; and (b) for goods or services related to construction work—at least $25 000 but less than $1 million. (2) The Territory entity must seek at least 3 written quotations from suppliers for the procurement.

Part 2 Quotation and tender thresholds and exemptions Division 2.2 Quotation and tender thresholds Section 8 page 10 Government Procurement Regulation 2007 Effective: 01/07/24 R11 01/07/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 8 Open tender procurement (1) This section applies to a procurement by a Territory entity (an open tender procurement) if the estimated total consideration of the procurement is— (a) for goods or services that are not related to construction work— at least $500 000; and (b) for goods or services related to construction work—at least $1 million. (2) The Territory entity must— (a) invite tenders for the procurement; and (b) advertise the invitation electronically for at least— (i) 25 days; or (ii) 10 days if— (A) the Territory entity has published notice of the procurement electronically for at least 40 days, but not more than 12 months, before the first day the invitation is advertised; or (B) exceptional circumstances mean that an advertising period of 25 days is impracticable. (3) If there are 2 or more invitations for tenders for the procurement, each invitation must comply with the requirements mentioned in subsection (2) (b).

Quotation and tender thresholds and exemptions Part 2 Exemptions Division 2.3 Section 9 R11 01/07/24 Government Procurement Regulation 2007 Effective: 01/07/24 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 2.3 Exemptions 9 Exemption reasons—limited and open tender procurement (1) The responsible chief executive officer for a Territory entity may exempt the Territory entity under section 10 or section 10A for any of the following reasons (the exemption reasons): (a) for a procurement that includes 2 or more approaches to market—in response to the first approach to market, the Territory entity did not receive— (i) any written quotations or tenders; or (ii) any written quotations or tenders that would achieve value for money; or (iii) any written quotations or tenders that met the minimum requirements for content and format; or (iv) any written quotations or tenders that satisfy the conditions for participation; (b) the goods or services to be procured are needed urgently as a result of an unforeseen event outside of the Territory’s control; (c) the need for a procurement has arisen unexpectedly and is not routine; Examples unusual disposals, unsolicited innovative proposals, liquidation, bankruptcy, receivership (d) only 1 supplier, or a limited number of suppliers, can supply a particular good or service because— (i) the good or service to be procured is artwork; or (ii) there is a need to protect patents, copyrights or other exclusive rights or proprietary information; or

Part 2 Quotation and tender thresholds and exemptions Division 2.3 Exemptions Section 9 page 12 Government Procurement Regulation 2007 Effective: 01/07/24 R11 01/07/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (iii) a supplier with specialist knowledge or equipment is required; (e) the procurement is for another procurement from an existing supplier and a new supplier is not feasible— (i) for technical reasons; or Examples 1 compatibility with existing equipment, software or services 2 a condition under a warranty (ii) because it would cause significant inconvenience or substantial duplication of costs for the Territory entity; (f) the good or service to be procured is a commodity; (g) the good or service to be procured is— (i) a prototype; or (ii) an original good or service intended for limited initial release; or (iii) developed at the Territory entity’s request for research or development purposes; (h) the procurement is from a winner of a design contest, if— (i) the contest was held to award the winner with a design contract; and (ii) the contest is conducted in a way that complies with the Act; and (iii) the contest judges are independent;

Quotation and tender thresholds and exemptions Part 2 Exemptions Division 2.3 Section 10 R11 01/07/24 Government Procurement Regulation 2007 Effective: 01/07/24 page 13 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (i) there is an existing procurement contract (the initial procurement contract) for goods or services related to construction work and the procurement is for additional goods or services that— (i) were not included in the initial procurement contract but were within the objectives of the written quotation or tender process for the initial procurement contract; and (ii) have become necessary, as a result of an unforeseen event, to complete the construction work under the initial procurement contract; and (iii) the total value of any contract awarded for procurement of the additional goods or services will not exceed 50% of the value of the initial procurement contract. (2) In this section: approach to market, in relation to a procurement, means to seek written quotations or invite tenders for the procurement. conditions for participation means any conditions that a potential supplier must comply with in order for the supplier’s written quotation or tender to be considered or to otherwise participate in the procurement process. Example—condition a requirement to undertake an accreditation or validation procedure 10 Exemptions—limited tender procurement (1) The responsible chief executive officer for a Territory entity may, in writing, exempt the Territory entity from the requirement under section 7 (2) to seek at least 3 written quotations from suppliers for a limited tender procurement.

Part 2 Quotation and tender thresholds and exemptions Division 2.3 Exemptions Section 10 page 14 Government Procurement Regulation 2007 Effective: 01/07/24 R11 01/07/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) However, the responsible chief executive officer may exempt the Territory entity only if satisfied on reasonable grounds that— (a) at least 1 of the exemption reasons applies in relation to the procurement; or (b) the Territory entity intends to seek a written quotation from— (i) a supplier that is a certified Aboriginal or Torres Strait Islander entity; or (ii) both of the following: (A) a supplier that is an entity based in the ACT or surrounding region; (B) a supplier that is a small or medium business entity. (3) In this section: Aboriginal or Torres Strait Islander person—see the Aboriginal and Torres Strait Islander Children and Young People Commissioner Act 2022, dictionary. 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 1 Supply Nation 2 National Aboriginal Community Controlled Health Organisation (NACCHO) 3 Office of the Registrar of Indigenous Corporations

Quotation and tender thresholds and exemptions Part 2 Exemptions Division 2.3 Section 10A R11 01/07/24 Government Procurement Regulation 2007 Effective: 01/07/24 page 15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au entity based in the ACT or surrounding region means an entity that is permanently and primarily located in the ACT or an area surrounding the ACT, including the following shires: (a) Bombala; (b) Boorowa; (c) Cooma-Monaro; (d) Eurobodalla; (e) Goulburn-Mulwaree; (f) Harden; (g) Palerang; (h) Queanbeyan; (i) Snowy River; (j) Upper Lachlan; (k) Yass Valley; (l) Young. small or medium business entity means an entity that employs less than 200 people. 10A Exemptions—open tender procurement (1) The responsible chief executive officer for a Territory entity may, in writing, exempt the Territory entity from the requirements mentioned in section 8 (2) to invite tenders and advertise electronically for an open tender procurement. (2) However, the responsible chief executive officer may exempt the Territory entity only if satisfied on reasonable grounds that at least 1 of the exemption reasons applies in relation to the procurement.

Part 2 Quotation and tender thresholds and exemptions Division 2.4 Open tender procurement Section 10B page 16 Government Procurement Regulation 2007 Effective: 01/07/24 R11 01/07/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 10B Exemptions—directions If the responsible chief executive officer for a Territory entity exempts the Territory entity under section 10 or section 10A for a procurement, the officer may, in writing, direct the Territory entity to do 1 or more of the following: (a) seek a stated kind or number of written quotations for the procurement; (b) seek a written quotation or invite a tender from a stated supplier for the procurement. Division 2.4 Open tender procurement 10C Notice of procurements for open tender procurements (1) If a Territory entity proposes to undertake an open tender procurement, the Territory entity must, as soon as practicable, publish notice of the procurement electronically. Example—public notice electronically on the TendersACT website (2) A notice must include— (a) the subject matter of the procurement; and (b) the date the Territory entity intends to invite tenders for the procurement and advertise electronically. (3) If any of the details included in the notice change, the Territory entity must, as soon as practicable, update the notice. 10D Late tenders (1) This section applies if— (a) a Territory entity invites tenders for an open tender procurement; and (b) a supplier submits a tender in relation to the procurement; but

Quotation and tender thresholds and exemptions Part 2 Open tender procurement Division 2.4 Section 10D R11 01/07/24 Government Procurement Regulation 2007 Effective: 01/07/24 page 17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) the tender was submitted after the last day of the period during which the Territory entity was accepting tenders. (2) The Territory entity must not accept the supplier’s tender in relation to the procurement, unless the tender was submitted late due to an act or omission by the Territory entity.

Part 3 Notifiable contracts and notifiable invoices Section 11 page 18 Government Procurement Regulation 2007 Effective: 01/07/24 R11 01/07/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Notifiable contracts and notifiable invoices 11 Notifiable contract threshold—Act, s 12 (2) (b) The prescribed amount is $25 000. 12 Notifiable invoice threshold—Act, s 13 (a) (ii) The prescribed amount is $25 000. 12A Contents of register—Act, s 15 (1) (1) The following information is prescribed for each notifiable contract: (a) the parties to the contract; (b) the responsible Territory entity for the contract and any change in the responsible Territory entity for the contract; (c) the title of the contract; (d) a brief description of what the contract is for; (e) the type of contract; (f) a unique identifying number for the contract; (g) the date the contract was made; (h) the date the contract ends; (i) if the date the contract ends may be extended—the circumstances under, and the period for which, the date may be extended; (j) the value of the total consideration, or estimated total consideration, for the contract;

Notifiable contracts and notifiable invoices Part 3 Section 12A R11 01/07/24 Government Procurement Regulation 2007 Effective: 01/07/24 page 19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (k) whether the responsible Territory entity was exempted from any requirement for the procurement to which the contract relates; Example a Territory entity was exempted from quotation and tender requirements for a procurement under pt 2 (l) if the contract is amended— (i) a brief description of the amendment; and (iii) the date the amendment was made; (m) whether any part of the contract is confidential text; Note Contract includes a contract as amended (see dict) (n) if any part of the contract is confidential text—a brief indication of what the confidential text relates to; Examples see examples for the Act, s 18 (2) (b) (o) whether the secure local jobs code applies to the contract; (p) any other information about the contract required to be included in the register in any direction given by the Minister under the Act, section 43 (Government procurement practices); (q) an electronic copy of the public text (if any) of the contract as made and of any amendment of the contract; (r) where anyone can obtain a printed copy of the public text (if any) of the contract as made and of any amendment of the contract. (2) The following information is prescribed for each notifiable invoice: (a) the name of the entity invoicing the responsible Territory entity; (b) if the entity invoicing the responsible Territory entity has an ABN—the ABN; (c) the name of the responsible Territory entity for the invoice;

Part 3 Notifiable contracts and notifiable invoices Section 12B page 20 Government Procurement Regulation 2007 Effective: 01/07/24 R11 01/07/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (d) a brief description of what the invoice is for; (e) if the invoice relates to a notifiable contract—the contract’s unique identifying number; (f) the date the invoice was received; (g) the date the invoice was paid; (h) the value of the good or service charged for under the invoice. (3) In this section: public text, of a notifiable contract, means— (a) the text (if any) of the contract that is not confidential text; and (b) any confidential text of the contract— (i) that ceases to be confidential in accordance with the contract or by the agreement of the parties to the contract; or (ii) the substance of which has become public knowledge. 12B Public access to information on register (1) The director-general must ensure, as far as practicable, that a copy of the following information is accessible on a website approved by the director-general at all times and— (a) for information mentioned in section 12A (1) for a notifiable contract—for at least 2 years after the day the notifiable contract ends; and (b) for information mentioned in section 12A (2) for a notifiable invoice—for at least 2 years. (2) Access is to be provided without charge by the Territory.

Notifiable contracts and notifiable invoices Part 3 Section 12C R11 01/07/24 Government Procurement Regulation 2007 Effective: 01/07/24 page 21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 12C Territory entities to enter information in register (1) The responsible Territory entity for a notifiable contract must, within 21 days after the day the contract is made, enter any information mentioned in section 12A (1) for the contract in the register. (2) The responsible Territory entity for a notifiable invoice must, within 21 days after the end of the month in which the invoice was paid, enter any information mentioned in section 12A (2) for the invoice in the register. (3) The Territory entity must also, within 21 days after the day a change in any information mentioned in section 12A happens, update the information in the register. Note Contract includes a contract as amended (see dict).

Part 4 Secure local jobs code Section 12AA page 22 Government Procurement Regulation 2007 Effective: 01/07/24 R11 01/07/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 Secure local jobs code 12AA Prescribed value of services—Act, s 22F (1) (a) (ii) The prescribed amount is $200 000. 12AB Excluded services—Act, s 22F (3) (1) The following services are prescribed: (a) information media and telecommunications services within the meaning of the ANZSIC, Division J; (b) rental, hiring and real estate services within the meaning of the ANZSIC, Division L; (c) financial and insurance services within the meaning of the ANZSIC, Division K; (d) professional, scientific and technical services within the meaning of the ANZSIC, Division M; (e) hospital services within the meaning of the ANZSIC, Subdivision 84; (f) medical and other health care services within the meaning of the ANZSIC, Subdivision 85. (2) In this section: ANZSIC means the Australian and New Zealand Standard Industrial Classification 2006 as in force from time to time. Note The ANZSIC is available free of charge at www.abs.gov.au.

Secure local jobs code Part 4 Section 12AC R11 01/07/24 Government Procurement Regulation 2007 Effective: 01/07/24 page 23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 12AC Labour relations, training and workplace equity plan— Act, s 22G (6) (b) (1) A tenderer’s labour relations, training and workplace equity plan must state the following: (a) how the tenderer will incorporate compliance with the code into its systems of work, operating procedures and policies; (b) how the tenderer will ensure that all the tenderer’s directors, executive managers and employees understand the tenderer’s obligations under the code; (c) how the tenderer will ensure that its subcontractors comply with the code; (d) whether and how the tenderer will minimise insecure work arrangements, including the use of insecure work arrangements by any of its subcontractors; Examples—insecure work arrangements • temporary employment arrangements • casual employment arrangements (e) how the tenderer will support the physical and mental health of its employees, including with any health and well-being activities, to reduce the impact and incidence of impairment in the workplace; (f) how the tenderer will promote and support diversity in the tenderer’s workforce; Examples—promoting and supporting diversity policies or strategies to address barriers to employment, or career development, for Aboriginal or Torres Strait Islander people, women, people with disability and people from culturally and linguistically diverse backgrounds

Part 4 Secure local jobs code Section 12AD page 24 Government Procurement Regulation 2007 Effective: 01/07/24 R11 01/07/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (g) if the plan is submitted in relation to a procurement for services being provided by an existing contractor—whether and how the tenderer will support transmission of the existing contractor’s employees to the tenderer; (h) if the plan is submitted in relation to a procurement valued at $5 million or more— (i) how the tenderer will provide workers in the ACT and surrounding region with the opportunity to apply for employment before undertaking recruitment outside the region; and (ii) what training will be available to the tenderer’s employees for their career development and to help them attain externally-recognised qualifications; and (iii) whether the tenderer will provide internships, traineeships, cadetships or apprenticeships; (i) if the tenderer was previously engaged with a Territory entity under a contract for procurement for territory-funded work— how the tenderer complied with the code and the tenderer’s commitments in the labour relations, training and workplace equity plan in relation to the contract. (2) The plan must be developed in consultation with the tenderer’s employees and include a statement about how this has been done. 12AD Details for secure local jobs code register—Act, s 22N (1) (c) The following details are prescribed for each secure local jobs code certificate: (a) the identifying number for the certificate; (b) the period for which the certificate has been granted under the Act, section 22J;

Secure local jobs code Part 4 Section 12AD R11 01/07/24 Government Procurement Regulation 2007 Effective: 01/07/24 page 25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) the name of the approved auditor that completed the report under the Act, section 22I (2) (a) that was included with the application for the certificate; (d) if the secure local jobs code certificate is held by an entity other than an individual—the entity’s business address, phone number and email address.

Part 5 Procurement board Division 5.1 Board review of procurements Section 13 page 26 Government Procurement Regulation 2007 Effective: 01/07/24 R11 01/07/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 5 Procurement board Division 5.1 Board review of procurements 13 Application—div 5.1 This division— (a) applies to a procurement by a Territory entity to enter into a standing-offer arrangement (a new standing-offer arrangement); but (b) does not apply to procurement by a Territory entity under— (i) a standing-offer arrangement; or (ii) a contract entered into under a standing-offer arrangement. 14 Procurements to be reviewed by board—Act, s 29 (2) (a) (i) (1) The following procurements by Territory entities must be reviewed by the board: (a) a procurement, including an acquisition or a disposal, that is in the planning period and has an estimated total consideration of $7 million or more; (b) a procurement that is in the planning period and for which at least 1 of the following applies: (i) there are significant concerns about probity; Example there is a high or extreme probity risk rating in relation to the procurement (ii) the procurement relates to information and communications technology that includes an element of system development or redesign;

Procurement board Part 5 Board review of procurements Division 5.1 Section 14 R11 01/07/24 Government Procurement Regulation 2007 Effective: 01/07/24 page 27 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (iii) the procurement is a new a standing-offer arrangement; (iv) the procurement proposes to substantially change the scope or nature of an existing procurement contract; Examples—substantially change 1 extending the date an existing procurement contract ends, but this was not considered when undertaking the procurement and the contract does not provide for any extension 2 changing the nature or volume of goods or services provided 3 changing a delivery schedule or completion date 4 changing the total consideration of an existing procurement contract 5 multiple small changes that, taken together, represent a substantial change to an existing procurement contract (c) a procurement— (i) that has been undertaken but a procurement contract has not yet been entered into; and (ii) for which there are significant concerns about probity; Example a Territory entity has not addressed a recommendation in relation to probity (d) a procurement that is referred to the board by any of the following entities: (i) the Minister; (ii) a responsible chief executive officer for a Territory entity; (iii) the administrative unit responsible for administering the Act; (iv) Major Projects Canberra; (v) a person who has been engaged by a Territory entity to investigate whether the procurement was undertaken with probity;

Part 5 Procurement board Division 5.2 Board members—conditions of appointment Section 15 page 28 Government Procurement Regulation 2007 Effective: 01/07/24 R11 01/07/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (e) a procurement, other than a procurement mentioned in paragraphs (a) to (d), that the board considers should be reviewed. (2) In this section: planning period, in relation to a procurement, means the period before a Territory entity seeks quotations or invites tenders for the procurement. Division 5.2 Board members—conditions of appointment 15 Board members—term of appointment—Act, s 34 (a) (1) A board member must be appointed for a term of not more than 3 years. (2) A person who has been a member for 2 consecutive terms is not eligible for reappointment. 16 Board members—honesty, care and diligence—Act, s 34 (b) In exercising the functions of a board member, the member must exercise the degree of honesty, care and diligence required to be exercised by a director of a company in relation to the affairs of the company. 17 Board members—disclosure of interests—Act, s 34 (b) (1) This section applies to a board member if— (a) the member has a direct or indirect financial interest, or a direct or indirect interest of any other kind, in an issue being considered, or about to be considered, by the board; and

Procurement board Part 5 Board proceedings and reporting Division 5.3 Section 18 R11 01/07/24 Government Procurement Regulation 2007 Effective: 01/07/24 page 29 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) the interest could conflict with the proper exercise of the member’s functions in relation to the board’s consideration of the issue. (2) As soon as practicable after the relevant facts come to the member’s knowledge, the member must disclose the nature of the interest to a meeting of the board. (3) The disclosure must be recorded in the board’s minutes and, unless the board otherwise decides, the member must not— (a) be present when the board considers the issue; or (b) take part in a decision of the board on the issue. (4) Any other member who also has a direct or indirect financial interest in the issue must not— (a) be present when the board is considering its decision under subsection (3); or (b) take part in making the decision. 18 Board members—ending appointment—Act, s 36 (3) (c) Contravening either section 16 or section 17 without reasonable excuse is prescribed. Division 5.3 Board proceedings and reporting 19 Annual board meeting The board must meet at least once each financial year to discuss how the board proposes to improve the processes and management of procurements undertaken by Territory entities under the Act.

Part 5 Procurement board Division 5.3 Board proceedings and reporting Section 20 page 30 Government Procurement Regulation 2007 Effective: 01/07/24 R11 01/07/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 20 Board annual report (1) The board must, within 30 days of the start of each financial year, give a report to the Minister (an annual report). (2) An annual report for a financial year must include the following in relation to the previous financial year: (a) the board’s performance during the year in relation to providing strategic direction in relation to procurement for the Territory; (b) whether, during the year, any member disclosed an interest under section 17, and if so, how the disclosure was dealt with; (c) details about each procurement reviewed by the board during the year, including— (i) the reason for review under section 14; and (ii) whether the board made any recommendations; and (iii) if the board did make a recommendation—whether the board dealt with the matter in accordance with any government procurement rules, and if so, how the matter was dealt with; (d) details about— (i) any procurement practices reviewed and endorsed by the board during the year; and (ii) any recommendations made by the board during the year in relation to any anticipated government procurement practices; (e) details about any advice the board provided during the year about any practices, policies or procedures used by Territory entities in relation to undertaking procurements; (f) any other matter that the Minister reasonably requires.

Dictionary R11 01/07/24 Government Procurement Regulation 2007 Effective: 01/07/24 page 31 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary (see s 2) Note 1 The Legislation Act contains definitions relevant to this Act. For example: • Canberra Institute of Technology • city renewal authority • electoral commission • entity • function • gambling and racing commission • independent competition and regulatory commission • integrity commission • legal aid commission • public employee • public trustee and guardian • suburban land agency • work health and safety commissioner. Note 2 Terms used in this regulation have the same meaning that they have in the Government Procurement Act 2001. For example, the following terms are defined in the Act, dict: • approved auditor • board • code • construction work • government procurement practices (see s 43 (1)) • notifiable contract • notifiable invoice • probity (see s 7) • procurement (see s 5) • responsible chief executive officer • secure local jobs code • secure local jobs code certificate

Dictionary page 32 Government Procurement Regulation 2007 Effective: 01/07/24 R11 01/07/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au • secure local jobs code register • tenderer • Territory entity (see s 6) • territory-funded work • value for money (see s 8 (1)). exemption reasons—see section 9 (1). limited tender procurement—see section 7 (1). new standing-offer arrangement—see section 13 (a). open tender procurement—see section 8 (1). supplier—see section 6 (2).

Endnotes About the endnotes 1 R11 01/07/24 Government Procurement Regulation 2007 Effective: 01/07/24 page 33 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired

Endnotes 3 Legislation history page 34 Government Procurement Regulation 2007 Effective: 01/07/24 R11 01/07/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history Government Procurement Regulation 2007 SL2007-29 notified LR 28 September 2007 s 1, s 2 commenced 28 September 2007 (LA s 75 (1)) remainder commenced 1 October 2007 (s 2 and see Government Procurement Amendment Act 2007 A2007-11, s 2 and CN2007-14) as amended by Government Procurement Amendment Regulation 2009 (No 1) SL2009-17 notified LR 30 April 2009 s 1, s 2 commenced 30 April 2009 (LA s 75 (1)) remainder commenced 1 May 2009 (s 2) Government Procurement Amendment Regulation 2012 (No 1) SL2012-10 notified LR 26 March 2012 s 1, s 2 commenced 26 March 2012 (LA s 75 (1)) remainder commenced 5 April 2012 (s 2 and see Government Procurement Amendment Act 2012 A2012-11 s 2) Legislative Assembly (Office of the Legislative Assembly) Act 2012 A2012-26 sch 1 pt 1.5 notified LR 24 May 2012 s 1, s 2 commenced 24 May 2012 (LA s 75 (1)) sch 1 pt 1.5 commenced 1 July 2012 (s 2) Officers of the Assembly Legislation Amendment Act 2013 A2013-41 sch 1 pt 1.4 notified LR 7 November 2013 s 1, s 2 commenced 7 November 2013 (LA s 75 (1)) sch 1 pt 1.4 commenced 1 July 2014 (s 2) Government Procurement (Transparency in Spending) Amendment Act 2015 A2015-14 pt 3 notified LR 20 May 2015 s 1, s 2 commenced 20 May 2015 (LA s 75 (1)) pt 3 commenced 1 July 2015 (s 2 (1))

Endnotes Legislation history 3 R11 01/07/24 Government Procurement Regulation 2007 Effective: 01/07/24 page 35 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Public Sector Management Amendment Act 2016 A2016-52 sch 1 pt 1.33 notified LR 25 August 2016 s 1, s 2 commenced 25 August 2016 (LA s 75 (1)) sch 1 pt 1.33 commenced 1 September 2016 (s 2) Government Procurement (Secure Local Jobs) Amendment Regulation 2018 (No 1) SL2018-22 notified LR 22 November 2018 s 1, s 2 commenced 22 November 2018 (LA s 75 (1)) sch 1 commenced 7 November 2019 (s 2 (2) and see Government Procurement (Secure Local Jobs) Amendment Act 2018 A2018-41, s 2 (3)) remainder commenced 15 January 2019 (s 2 (1)) Government Procurement (Secure Local Jobs) Amendment Regulation 2019 (No 1) SL2019-24 notified LR 12 September 2019 s 1, s 2 commenced 12 September 2019 (LA s 75 (1)) remainder commenced 7 November 2019 (s 2 and see Government Procurement (Secure Local Jobs) Amendment Regulation 2018 (No 1) SL2018-22, s 2 (2)) Government Procurement Amendment Act 2022 A2022-1 pt 3 notified LR 16 February 2022 s 1, s 2 commenced 16 February 2022 (LA s 75 (1)) pt 3 commenced 1 March 2022 (s 2) Government Procurement Amendment Act 2024 A2024-2 pt 3 notified LR 19 February 2024 s 1, s 2 commenced 19 February 2024 (LA s 75 (1)) pt 3 commenced 1 July 2024 (s 2)

Endnotes 4 Amendment history page 36 Government Procurement Regulation 2007 Effective: 01/07/24 R11 01/07/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 4 Amendment history Dictionary s 2 om R1 LA s 89 (4) ins A2024-2 s 75 Important concepts pt 1A hdg ins A2024-2 s 76 Meaning of procurement—Act, s 5 (4) s 3A ins A2024-2 s 76 Prescribed territory authorities—Act, s 6 (1), def Territory entity, par (d) s 3B ins A2024-2 s 76 Meaning of procurement contract—Act, s 9, def procurement contract, par (b) s 3C ins A2024-2 s 76 Quotation and tender thresholds and exemptions pt 2 hdg sub A2024-2 s 77 Preliminary div 2.1 hdg ins A2024-2 s 77 Application—pt 2 s 4 sub A2024-2 s 77 Delegation by responsible chief executive officer s 5 sub SL2009-17 s 4; A2024-2 s 77 Quotation and tender thresholds div 2.2 hdg ins A2024-2 s 77 Low-value procurement s 6 sub SL2009-17 s 5; A2024-2 s 77 Limited tender procurement s 7 om SL2009-17 s 6 ins A2024-2 s 77 Open tender procurement s 8 om SL2009-17 s 6 ins A2024-2 s 77 Exemptions div 2.3 hdg ins A2024-2 s 77 Exemption reasons—limited and open tender procurement s 9 hdg am SL2009-17 s 7 s 9 am SL2009-17 s 7 sub A2024-2 s 77

Endnotes Amendment history 4 R11 01/07/24 Government Procurement Regulation 2007 Effective: 01/07/24 page 37 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Exemptions—limited tender procurement s 10 am SL2009-17 s 8; SL2012-10 s 4; A2016-52 amdt 1.98 sub A2024-2 s 77 Exemptions—open tender procurement s 10A ins A2024-2 s 77 Exemptions—directions s 10B ins A2024-2 s 77 Open tender procurement div 2.4 hdg ins A2024-2 s 77 Notice of procurements for open tender procurements s 10C ins A2024-2 s 77 Late tenders s 10D ins A2024-2 s 77 Notifiable contracts and notifiable invoices pt 3 hdg sub SL2018-22 s 4; A2024-2 s 77 Notifiable contract threshold—Act, s 12 (2) (b) s 11 sub A2024-2 s 77 Notifiable invoice threshold—Act, s 13 (a) (ii) s 12 sub A2024-2 s 77 Contents of register—Act, s 15 (1) s 12A ins SL2012-10 s 5 om A2024-2 s 81 ins A2024-2 s 77 Public access to information on register s 12B ins SL2012-10 s 5 om A2024-2 s 81 ins A2024-2 s 77 Territory entities to enter information in register s 12C ins A2015-14 s 6 om A2024-2 s 81 ins A2024-2 s 77 Secure local jobs code pt 4 hdg ins SL2018-22 s 5 Prescribed value of services—Act, s 22F (1) (a) (ii) s 12AA hdg sub A2024-2 s 78 s 12AA ins SL2018-22 amdt 1.1

Endnotes 4 Amendment history page 38 Government Procurement Regulation 2007 Effective: 01/07/24 R11 01/07/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Excluded services—Act, s 22F (3) s 12AB hdg sub A2024-2 s 78 s 12AB ins SL2018-22 amdt 1.1 am SL2019-24 s 4 Labour relations, training and workplace equity plan—Act, s 22G (6) (b) s 12AC ins SL2018-22 s 5 am A2022-1 s 19; A2024-2 s 79, s 80 Details for secure local jobs code register—Act, s 22N (1) (c) s12AD ins SL2018-22 s 5 Procurement board pt 5 hdg ins SL2018-22 s 5 sub A2024-2 s 81 Board review of procurements div 5.1 hdg ins A2024-2 s 81 Application—div 5.1 s 13 am A2012-26 amdt 1.30; A2013-41 amdt 1.26 sub A2024-2 s 81 Procurements to be reviewed by board—Act, s 29 (2) (a) (i) s 14 sub A2024-2 s 81 Board members—conditions of appointment div 5.2 hdg ins A2024-2 s 81 Board members—term of appointment—Act, s 34 (a) s 15 om R1 LA s 89 (3) ins A2024-2 s 81 Board members—honesty, care and diligence—Act, s 34 (b) s 16 ins A2024-2 s 81 Board members—disclosure of interests—Act, s 34 (b) s 17 ins A2024-2 s 81 Board members—ending appointment—Act, s 36 (3) (c) s 18 ins A2024-2 s 81 Board proceedings and reporting div 5.3 hdg ins A2024-2 s 81 Annual board meeting s 19 ins A2024-2 s 81 Board annual report s 20 ins A2024-2 s 81

Endnotes Amendment history 4 R11 01/07/24 Government Procurement Regulation 2007 Effective: 01/07/24 page 39 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Miscellaneous pt 6 hdg ins SL2018-22 s 6 om A2024-2 s 81 Dictionary dict ins A2024-2 s 82 def exemption reasons ins A2024-2 s 82 def limited tender procurement ins A2024-2 s 82 def new standing-offer arrangement ins A2024-2 s 82 def open tender procurement ins A2024-2 s 82 def supplier ins A2024-2 s 82

Endnotes 5 Earlier republications page 40 Government Procurement Regulation 2007 Effective: 01/07/24 R11 01/07/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No and date Effective Last amendment made by Republication for R1 1 Oct 2007 1 Oct 2007– 30 Apr 2009 not amended new regulation R2 1 May 2009 1 May 2009– 4 Apr 2012 SL2009-17 amendments by SL2009-17 R3 5 Apr 2012 5 Apr 2012– 30 June 2012 SL2012-10 amendments by SL2012-10 R4 1 July 2012 1 July 2012– 30 June 2014 A2012-26 amendments by A2012-26 R5 1 July 2014 1 July 2014– 30 June 2015 A2013-41 amendments by A2013-41 R6 1 July 2015 1 July 2015– 31 Aug 2016 A2015-14 amendments by A2015-14 R7 1 Sept 2016 1 Sept 2016– 14 Jan 2019 A2016-52 amendments by A2016-52 R8 15 Jan 2019 15 Jan 2019– 6 Nov 2019 SL2018-22 amendments by SL2018-22 R9 7 Nov 2019 7 Nov 2019– 28 Feb 2022 SL2019-24 amendments by SL2018-22 and SL2019-24 R10 1 Mar 2022 1 Mar 2022– 30 June 2024 A2022-1 amendments by A2022-1 © Australian Capital Territory 2024

This regulation operationalises a set of procurement concepts from the Government Procurement Act 2001 and adds several prescribed definitions and document classes.

Procurement exclusions and scope. Section 3A lists items that are not procurement for the Act’s purposes: grants (defined at s 3A(2)), investments and borrowings under the Financial Management Act 1996, loans or rebates to or by a Territory entity, and acquisitions or disposals made under another Territory law (examples provided at s 3A(1)(a)-(d)). The scope of Part 2 (quotation and tender thresholds) is limited by s 4, which excludes certain procurements from Part 2, for example procurements under standing-offer arrangements, subleases or licences over land, procurements of goods or services from the Commonwealth/States/local government or their entities, certain research and development services (other than planning), Territory banking/borrowing/investment services, legal services related to litigation, emergency works to critical services, goods/services from outside Australia for use outside Australia, and disposals (s 4(1)(a)-(i)).

Procurement categories and monetary thresholds. The regulation defines procurement categories by estimated total consideration:

Low-value procurement: < $25,000; requires at least one written quotation (s 6).
Limited tender procurement: non-construction $25,000 to < $500,000; construction $25,000 to < $1,000,000; requires at least three written quotations (s 7).
Open tender procurement: non-construction ≥ $500,000; construction ≥ $1,000,000; requires invitations to tender and minimum electronic advertising periods, typically 25 days (or 10 days in tightly defined circumstances) (s 8).

Exemptions and delegation. The responsible chief executive officer may delegate functions under Part 2 to a public employee (s 5). The regulation enumerates a list of “exemption reasons” (s 9) that may justify an exemption from the limited-tender or open-tender rules, including lack of responses to approaches to market, urgent need due to unforeseen events, single-supplier situations (examples include artwork or protection of intellectual property, s 9(1)(d)), commodities, prototypes or limited initial release goods, design contest winners, and certain additions to construction contracts capped at 50% of the initial contract value (s 9(1)(a)-(i)). Sections 10 and 10A set the mechanics by which the responsible CEO may, in writing, exempt a Territory entity from the requirement to seek three written quotations for a limited tender procurement or from open tender requirements respectively, but only when satisfied on reasonable grounds that an exemption reason applies (ss 10(1)-(2), 10A(1)-(2)). Section 10B authorises the responsible CEO to place conditions on an exemption by directing that the Territory entity seek a stated number or kind of quotations or to seek a quotation from a stated supplier.

Transparency and registers. The regulation sets the notifiable contract and invoice thresholds at $25,000 (ss 11-12). Section 12A prescribes detailed content for each notifiable contract entry on the register, including parties, responsible entity, title, brief description, contract type, unique identifier, dates, value, whether any exemption applied, whether any part is confidential text and a brief indication of what the confidential text relates to, secure local jobs code applicability, and an electronic copy of public text (ss 12A(1)(a)-(r)). Notifiable invoice entries require details such as invoicing entity name and ABN (if any), responsible Territory entity, brief description, invoice receipt and payment dates, and value (s 12A(2)). The director-general must make register information accessible on an approved website and retain information for at least two years after contract end or invoice, free of charge (s 12B). Responsible Territory entities must make required entries and updates within 21 days (s 12C).

Secure Local Jobs Code. The regulation sets the prescribed value for services that may trigger the secure local jobs code to $200,000 (s 12AA). It lists excluded services by ANZSIC divisions/ subdivisions (information media and telecommunications; rental, hiring and real estate; financial and insurance; professional, scientific and technical; hospital services; medical and other health care services) (s 12AB). Section 12AC prescribes the detailed content of a tenderer’s labour relations, training and workplace equity plan, which includes integration of code compliance into systems of work, ensuring directors and managers understand obligations, subcontractor compliance, minimisation of insecure work, support for physical and mental health, diversity promotion, employee consultation and, for procurements valued at $5 million or more, local hiring opportunities and training/internship commitments (s 12AC(1)(a)-(i), (2)). Section 12AD prescribes details for the secure local jobs code certificate register, including the certificate identifier, period of the certificate, approved auditor details and, if the holder is an entity, business contact details (s 12AD).

Procurement Board functions and governance. Division 5.1 applies to procurements for new standing-offer arrangements (s 13). Section 14 prescribes procurements that must be reviewed by the Procurement Board, notably those in the planning period with estimated total consideration of $7 million or more, procurements in the planning period with significant probity concerns, certain ICT procurements that include system development or redesign, new standing-offer arrangements, proposals to substantially change the scope of an existing procurement contract, procurements with unresolved probity issues after being undertaken, and procurements referred by the Minister, responsible chief executive officers, the administrative unit, Major Projects Canberra or an investigator engaged by the Territory entity. Board members have appointment limits (maximum three-year terms, with ineligibility after two consecutive terms), must exercise honesty, care and diligence comparable to a company director (s 16), must disclose and manage conflicts of interest (s 17), and the Board must meet at least once per financial year and report annually to the Minister with specified content (ss 19-20).

The regulation affects multiple identifiable groups and institutional decision points. The principal actors are Territory entities, responsible chief executive officers, tenderers/suppliers, the director-general, the Procurement Board, Ministers and the public.

Territory entities. Every Territory entity that undertakes procurement is directly affected by the thresholds, quotation and advertising requirements in Part 2, except where Part 2 does not apply (s 4). Territory entities must implement procedures to obtain the required number of written quotations (s 6, s 7), manage open tender advertising and tender invitation processes (s 8, s 10C), maintain the notifiable contracts and invoices register entries and update them within 21 days (s 12C), and comply with secure local jobs code requirements when applicable (s 12AA-12AD). Territory entities are also the payers that will incur the administrative costs of compliance, and they must make procurement planning decisions cognisant of potential Board review triggers (s 14).

Responsible chief executive officers. These officers make key administrative decisions under the regulation. They may delegate functions under Part 2 to public employees (s 5). They also hold the power to grant written exemptions from quotations or open-tender requirements where one of the exemption reasons applies and to impose directions when granting an exemption (ss 9-10B). The discretionary power to exempt or direct creates an internal decision point with administrative and probity implications. The regulation requires that exemptions be in writing and based on satisfaction on reasonable grounds (ss 10(1), 10A(1)), but the content of "reasonable grounds" is not further specified in the regulation.

Suppliers and tenderers. Suppliers are affected by the bidding processes that the regulation prescribes. For low-value procurements suppliers may receive only a single written quotation request (s 6); for limited tender procurements they must compete for at least three quotation spots unless an exemption applies (s 7). For open tender procurements suppliers must monitor electronic tender advertising (s 8), with public notices for open tenders required as soon as practicable (s 10C). Tenderers for contracts that trigger the secure local jobs code must prepare and submit labour relations, training and workplace equity plans with specific content; for procurements valued at $5 million or more, additional local-hire and training commitments are required in the plan (s 12AC(1)(h)). Tenderers submitting late tenders will have their submissions rejected unless lateness was caused by an act or omission of the Territory entity (s 10D).

The director-general. The director-general must ensure, as far as practicable, that prescribed register information is accessible on an approved website at all times and for specified retention periods, and that access is free (s 12B). This creates an administrative responsibility in a central office to maintain public transparency infrastructure and to ensure compliance by Territory entities with register-entry timing (s 12C).

Procurement Board and Minister. The Procurement Board must review specific procurements in the planning period, meet at least annually, and provide an annual report to the Minister containing specified content (ss 14, 19-20). The Minister may refer procurements to the Board (s 14(1)(d)(i)). The Board’s recommendations and reporting obligations create oversight levers that can influence procurement planning and agency behaviour.

The public, researchers, media and suppliers (as users of the register). The regulation creates transparency via the notifiable contract/invoice register whose prescribed entries must be publicly accessible for at least two years after contract end or invoice payment (s 12B). The entries include public text of contracts and brief indications of what confidential text relates to, enabling scrutiny subject to redaction for confidential text (s 12A(1)(m)-(n), (q)-(r)). The requirement to keep public access free (s 12B(2)) shapes who can monitor public expenditure.

Other affected groups. Aboriginal or Torres Strait Islander certified entities are specifically recognised in s 10(2)(b)(i) as a basis on which a responsible chief executive officer may exempt a Territory entity from the requirement to seek three quotations for limited tender procurement, provided the officer is satisfied on reasonable grounds. Entities based in the ACT or surrounding region and small or medium businesses (employing less than 200 people) also appear in s 10(2)(b)(ii) as a permissible basis for exemption, signalling an intent to allow local or SME targeting within the exemption framework.

Who bears costs and administrative burden. Territory entities carry the operating cost of compliance: conducting market approaches, maintaining and publishing register entries and public texts, producing and assessing labour relations and local industry plans, and managing Board review processes for high-value or otherwise flagged procurements (ss 6-8, 12A-12C, 12AC, 14, 20). Tenderers bear compliance costs in preparing plans and responding to tenders and quotations, including mandatory employee consultation where the secure local jobs code applies (s 12AC(2)). The director-general bears the cost of maintaining public access infrastructure for the register (s 12B).

This regulation prescribes duties for Territory entities, responsible chief executive officers, tenderers and board members, and specifies rights such as public access to procurement information.

Duties of Territory entities and responsible chief executive officers

Apply procurement thresholds and seek required quotations or tenders in accordance with the procurement category (ss 6-8). For open tenders, the duty includes advertising electronically for the required period and inviting tenders (s 8(2)).
For procurements of a type excluded from Part 2 by s 4, the procurement rules in Part 2 do not apply (s 4(1)).
Obtain and make register entries for notifiable contracts and invoices: the responsible Territory entity for a notifiable contract must enter prescribed information in the register within 21 days after the contract is made (s 12C(1)). For a notifiable invoice the responsible Territory entity must enter the prescribed information within 21 days after the end of the month in which the invoice was paid (s 12C(2)). The entity must update register information within 21 days of a change (s 12C(3)).
Ensure that public notices for open tender procurements are published as soon as practicable and updated if details change (s 10C).
For secure local jobs code applications, ensure that tenderers produce labour relations, training and workplace equity plans with the prescribed content, and maintain secure local jobs code certificates and certificate register details as required (ss 12AC-12AD).
Implement Board review processes for procurements that meet s 14 triggers, including preparing procurement documentation for review during the planning period where applicable (s 13-14).

Duties of responsible chief executive officers in respect of exemptions and directions

Consider exemption reasons enumerated in s 9 and, where satisfied on reasonable grounds, grant written exemptions under s 10 (limited tender) or s 10A (open tender). The officer may direct the Territory entity to seek a stated kind or number of quotations or seek a quotation from a stated supplier when granting an exemption (s 10B).
Delegation of functions under Part 2 is permitted to a public employee, which distributes administrative responsibility (s 5).

Duties of tenderers/suppliers

Tenderers whose offers are subject to the secure local jobs code must submit labour relations, training and workplace equity plans that address specified items including systems integration, management awareness, subcontractor compliance, minimisation of insecure work, employee support for physical and mental health, diversity promotion, and employee consultation, with additional obligations for procurements valued at $5 million or more (ss 12AC(1)-(2), 12AC(1)(h)).
Tenderers must comply with rules for timely tender submission; late tenders will be rejected unless the lateness was caused by an act or omission by the Territory entity (s 10D).

Duties of the director-general

Ensure, as far as practicable, that prescribed register information is accessible on an approved website at all times and retained for the periods specified (s 12B).

Duties of Procurement Board members

Board members must be appointed for terms not exceeding three years and may not serve more than two consecutive terms (s 15).
In exercising board functions members must exercise honesty, care and diligence equivalent to that expected of a company director (s 16).
Board members who have a direct or indirect interest that could conflict with their functions must disclose that interest promptly to the board, have the disclosure recorded in minutes, and not be present or participate in decision-making unless the board decides otherwise (s 17). Any other member with a financial interest must not be present or participate in that decision (s 17(4)).
The Board must meet at least once each financial year to discuss procurement process improvements (s 19) and prepare an annual report to the Minister within 30 days of the start of each financial year containing specified content (s 20).

Rights and transparency entitlements

The public has a prescribed right to access register information without charge, for at least two years after a notifiable contract ends or a notifiable invoice is paid (s 12B(1)-(2)). The regulated content includes public contract text and certain metadata (s 12A).
Tenderers have a de facto right to predictable advertising windows for open tenders; the regulation prescribes minimum advertising periods and conditions under which a shorter window is permitted (s 8(2)).

Enforcement mechanisms and administrative remedies

Failure to comply with registration duties will be visible through the public register and internal reporting obligations. The director-general’s obligation to maintain public copy and the responsible entity’s 21-day entry/update duty create administrative exposure to audit and oversight.
For board members, contravening ss 16 or 17 without reasonable excuse is prescribed as a ground for ending appointment under the Act (s 18). The regulation does not itself state monetary fines or criminal penalties tied to these duties; it does, however, operate within the Act’s enforcement and governance framework. The republished law records the penalty unit dollar values applicable to offences against the law at the republication date (penalty unit $160 for an individual and $810 for a corporation) under Legislation Act 2001, s 133.

The regulation embeds administrative enforcement and accountability mechanisms rather than detailed monetary penalties within its text. Enforcement in practice depends on a mix of administrative consequences, reporting obligations and the overarching Act.

Administrative and governance enforcement

Board member accountability: Section 18 specifies that contravening ss 16 (honesty, care and diligence) or 17 (disclosure of interests) without reasonable excuse is prescribed. This provision operates as a ground to end a board member’s appointment under the Act’s mechanisms (s 18). The requirement for prompt disclosure and for recusal is recorded as part of the board’s minutes (s 17(2)-(3)), providing documentary evidence that may be relied upon in oversight or remedial procedures.
Procurement Board reporting: The Board must provide an annual report to the Minister with details about procurements reviewed, any recommendations and whether the Board’s recommendations were implemented in accordance with government procurement rules (s 20(1)-(2)(c)). This reporting duty provides an oversight mechanism for detecting and addressing non-compliance or probity issues identified during Board reviews.
Director-general responsibilities for public access and retention: The director-general is required to ensure that register content is accessible on an approved website for specified minimum periods (s 12B). Failure to make register information accessible could itself be escalated through internal administrative channels or Ministerial scrutiny.

Transparency as an enforcement tool

Public register: The obligation to enter substantial contract and invoice information and make that information publicly accessible (ss 12A-12B) makes procurement activity subject to public scrutiny. The register includes whether an exemption applied to the procurement and whether the secure local jobs code applies, which can reveal departures from standard procurement rules and trigger external oversight (s 12A(1)(k), (o)).
Record-keeping deadlines: The 21-day requirement to enter contracts and invoices into the register (s 12C) imposes a strict timeline that creates an auditable compliance metric.

Criminal or monetary penalties

The regulation itself does not set specific monetary fines or criminal penalties for many of the breaches it regulates. The republished law notes the value of a penalty unit for an offence against this law at the republication date: $160 for an individual and $810 for a corporation (Legislation Act 2001, s 133). Determination of specific offences and their corresponding penalty units would derive from the Act and other relevant Territory law rather than from this regulation alone. Where the regulation prescribes conduct as a ground for ending an appointment (s 18), the remedy is administrative removal rather than an immediate monetary penalty within the regulation.

Operational enforcement risks and levers

Exemption and direction powers (ss 10-10B) centralise discretion with responsible chief executive officers. While the regulation requires exemptions to be in writing and based on reasonable grounds, enforcement of appropriate use of that discretion depends on internal audit, Board oversight, Ministerial scrutiny and public transparency (s 12A(1)(k) requires register entries to state whether an exemption applied).
Board reviews (s 14) serve as a pre-contractual oversight tool for large or high-risk procurements, and Board recommendations and their implementation status must be reported to the Minister (s 20), creating an oversight feedback loop.

In short, the regulation relies primarily on administrative accountability, transparency through the public register, governance mechanisms such as the Procurement Board and reporting to the Minister, and the Act’s overall enforcement framework. Specific monetary penalties for contraventions would be defined under the Act or other Territory law, with the republished law stating the applicable penalty unit monetary values at the republication date.

The regulation functions as subordinate legislation to the Government Procurement Act 2001 and interfaces with other Territory and national instruments to set procurement practice.

Primary relationship with the Government Procurement Act 2001

The regulation is made under the Government Procurement Act 2001 and operationalises specifics referenced in the Act. Numerous provisions explicitly link to sections of the Act, for example prescribing meanings or amounts for triggers set in the Act: meaning of procurement (s 3A references Act, s 5(4)), prescribed territory authorities for the Act’s definition of Territory entity (s 3B references Act, s 6(1)), meaning of procurement contract for Act, s 9 (s 3C), notifiable contract and invoice thresholds in relation to Act, ss 12 and 13 (ss 11-12), and secure local jobs code parameters in relation to Act, s 22F and related provisions (ss 12AA-12AD). Where the Act establishes a framework or duty, the regulation supplies the detail and the quantification.

Interaction with the Legislation Act 2001

The republication front matter references the Legislation Act 2001 for editorial amendments and for the legal status of notes; the value of penalty units at the republication date is provided under the Legislation Act 2001, s 133. The Legislation Act also governs definitions and interpretive matters that the regulation relies on (for example, statutory references in the Dictionary and notes).

Interface with financial management and other Territory laws

The regulation excludes certain finance transactions from the definition of procurement by referring to the Financial Management Act 1996 (s 3A(1)(b) refers to investments or borrowings under that Act). It also excludes acquisitions or disposals made under other Territory law, giving the example of the Lands Acquisition Act 1994 (s 3A(1)(d)). The effect is that procurement rules in the regulation do not duplicate or interfere with those other statutory regimes.

Use of national classification systems

For the secure local jobs code exclusions, the regulation references the Australian and New Zealand Standard Industrial Classification 2006 (ANZSIC) and prescribes specific ANZSIC divisions and subdivisions as excluded services (s 12AB). This creates an operational dependence on ANZSIC coding to determine whether the secure local jobs code applies to a particular service procurement.

Interaction with other procurement instruments and policies

The regulation refers tenderers and readers to the Canberra Region Local Industry Participation Policy (s 3C note). It also excludes procurements of goods and services from Commonwealth, State or local government entities, or their entities, from Part 2 (s 4(1)(c), and the definition of “entity of the Commonwealth, a State or a local government” in s 4(2)). Excluding procurements from standing-offer arrangements (s 4(1)(a)) also ties the regulation to the Territory’s standing-offer mechanisms and any rules that govern them.

Amendment history and consequential changes

The regulation’s endnotes record amendments over time that have interacted with other laws: the Government Procurement (Transparency in Spending) Amendment Act 2015 added or amended register requirements (s 12C was inserted by A2015-14 s 6); Secure Local Jobs measures were inserted by SL2018‑22 and later amendments; and A2024‑2 revised and inserted Part 1A, Part 2 and other provisions. These amendments show how the regulation evolves in tandem with policy changes enacted in amending Acts and subordinate instruments, with consequential interactions required in administrative practice.

Limits on judicial or statutory conflict

Because the regulation is subordinate to and made under the Act, any conflict between the regulation and the Act would be resolved in favour of the Act. The regulation also relies on definitions and frameworks in the Act and other Territory laws, and its compliance obligations are built to sit within those wider legislative ecosystems.

The regulation’s amendment history shows incremental development over time, each change focused on procedural detail or the introduction of policy strands such as transparency and secure local jobs.

Chronology of notable amendments (as recorded in the regulation’s endnotes)

2007: Government Procurement Regulation 2007 SL2007‑29, original notification on 28 September 2007 with remainder commencing 1 October 2007 (Legislation register, R1).
2009: Government Procurement Amendment Regulation 2009 (No 1) SL2009‑17, notified 30 April 2009, remainder commenced 1 May 2009. This instrument amended Part 2 and certain procurement provisions (see amendment history summary).
2012: Government Procurement Amendment Regulation 2012 (No 1) SL2012‑10, notified 26 March 2012, remainder commenced 5 April 2012. This instrument inserted section 12A and 12B concerning register contents and public access (s 12A was inserted SL2012‑10 s 5).
2013: Legislative Assembly (Office of the Legislative Assembly) Act 2012 A2012‑26 and subsequent office-related amendments affecting commencement and references.
2015: Government Procurement (Transparency in Spending) Amendment Act 2015 A2015‑14, notified 20 May 2015 and part commenced 1 July 2015. This Act added transparency obligations; s 12C (territory entities to enter information in register) was inserted by A2015‑14 s 6.
2016: Public Sector Management Amendment Act 2016 A2016‑52 sch 1 with certain commencement dates in 2016.
2018-2019: Secure Local Jobs measures were introduced by Government Procurement (Secure Local Jobs) Amendment Regulation 2018 (No 1) SL2018‑22 and SL2019‑24, with key insertions into the regulation commencing in late 2018 and 2019. These inserted Part 4 dealing with the secure local jobs code (ss 12AA-12AD) and related definitions.
2022: Government Procurement Amendment Act 2022 A2022‑1, with part 3 commencing 1 March 2022, effecting changes to the regulation.
2024: Government Procurement Amendment Act 2024 A2024‑2, notified 19 February 2024 with part 3 commencing 1 July 2024, made comprehensive insertions and substitutions, notably creating Part 1A (Important concepts), extensive changes to Part 2 on quotation and tender thresholds and exemptions (ss 4-10D), and changes to the Procurement Board provisions (ss 13-20). The amendment history tables in the regulation specifically list A2024‑2 as having subbed and inserted many sections (endnotes 4).

Endnotes and republication notices

The republished law document includes detailed endnotes setting out the legislation history (endnote 3) and amendment history (endnote 4). The republication is authorised and includes editorial changes permitted under the Legislation Act 2001 part 11.3, though the republication notes that not all editorial changes are annotated.

What the amendments changed practically

Transparency additions (2012 and 2015): introduced prescribed register content and public access obligations (ss 12A-12C), and imposed 21-day time limits to enter and update register entries (s 12C), altering procurement administration and public reporting practice.
Secure Local Jobs additions (2018-2019): created a code that places affirmative obligations on tenderers and establishes certificate/register requirements (ss 12AA-12AD), affecting tenders for services above prescribed thresholds.
2024 amendments: reorganised and updated procurement thresholds and exemptions in detail, added Part 1A (explicitly listing what is not procurement and prescribing territory authorities), and strengthened Board governance and review triggers (ss 13-20). These amendments updated procedural thresholds and expanded the Board’s oversight role for high-value or high-risk procurements.

Practical implication of amendment history

The regulation has been used as a vehicle to add transparency and industrial relations conditions to procurement (the transparency and secure local jobs strands), and to refine governance of procurement review. Each amendment required Territory entities and suppliers to adjust processes, record-keeping and compliance systems to reflect new thresholds, new registration duties and added documentation requirements.

The republished regulation does not record any judicial decisions or litigation history involving the regulation itself. The document provides legislative history and amendment records but contains no citations to cases or reported judicial interpretations. The endnotes list statutory amendments and republishing milestones (endnotes 3-5), but no litigation or case law is referenced in the regulation text or endnotes.

If a practitioner needs to know whether any litigation has engaged particular provisions of this regulation, the immediate next steps are:

Search court databases and tribunals for matters referencing the Government Procurement Regulation 2007 or the Government Procurement Act 2001, especially where disputes concern registration obligations (ss 12A-12C), exemption decisions (ss 9-10A), open tender advertising and late tenders (ss 8, 10D) or board review powers (ss 13-14).
Review administrative review and merits review decisions that may have dealt with procurement exemptions or discretionary directions under ss 10-10B, or with the Procurement Board’s recommendations under s 14 and the reporting regime in s 20.
Check any decisions by the Integrity Commission or Auditor‑General that may have referenced compliance with the regulation’s transparency and probity provisions, for example in relation to register entries or Board reviews.

Because the regulation itself does not name cases, the regulation provides administrative and reporting hooks (register entries, Board reporting, public access) that are more likely to generate administrative investigations or audit findings than immediate litigation. Any judicial or tribunal engagement with these provisions would be located outside this republished regulation and in the relevant case law databases.

Several specific drafting choices and administrative features create practical risks and traps for practitioners and agencies. These are concrete items that often cause compliance issues in practice.

Part 2 non-application carve-outs (s 4)

Part 2 does not apply to procurements under existing standing-offer arrangements, subleases or licences over land where the Territory is sublessee or licensee, procurements of goods or services from Commonwealth/State/local government entities, certain research and development services other than planning, Territory banking and investment services, engagements for litigation-related legal services, emergency works to critical services, goods/services procured outside Australia for use outside Australia, or disposals (s 4(1)(a)-(i)). Practitioners must not assume Part 2 thresholds apply universally; a procurement that appears ordinary may be excluded by operation of s 4.

Exemption mechanics: written, reasonable grounds, and post‑exemption direction (ss 9-10B)

Exemptions from quotation and tender rules must be written and based on reasonable grounds (s 10(1), 10A(1)). The responsible chief executive officer can still direct the entity to seek a stated kind or number of quotations or to seek from a particular supplier after granting an exemption (s 10B). This two-step mechanism can be used legitimately but can also be the source of challenge if parties argue that the grounds were not reasonable. The regulation does not define “reasonable grounds”; evidence-based record-keeping is therefore essential.

Notifiable contract entries must be made within 21 days of making the contract; notifiable invoice entries within 21 days after the end of the month in which the invoice was paid; updates must be made within 21 days of any change (s 12C). Failure to meet these deadlines triggers visible non-compliance on a public register (s 12B). Contracts may contain confidential text, but the register requires a brief indication of what the confidential text relates to and an electronic copy of the public text (s 12A(1)(m)-(q)). The obligation to make public text available and to indicate confidential text creates practical issues around legal privilege, commercial-in-confidence redactions and adequate metadata.

Open tender advertising windows and notice requirements (ss 8(2), 10C)

Open tenders generally require 25 days’ electronic advertising (s 8(2)(b)(i)), but a 10-day window is permitted where prior notice has already been published for at least 40 days within the previous 12 months or where exceptional circumstances make 25 days impracticable (s 8(2)(b)(ii)). Careful tracking of prior notices is required to rely on the 10-day window; practitioners should document the prior 40 days’ publication and the dates, or document exceptional circumstances if shortening the advertising period.

Late tenders are strictly excluded unless the lateness is due to the Territory entity (s 10D)

Section 10D provides no operational room for discretion to accept late tenders unless the late submission was caused by the Territory entity. Tenderers and agencies must have robust electronic tender portals and clear rules around time-stamping.

Secure Local Jobs Code triggers, exclusions and plan content (ss 12AA-12AD)

The prescribed value for services under the code is $200,000 (s 12AA). But several service classes are excluded using ANZSIC coding (s 12AB). Tenderers must prepare detailed labour relations, training and workplace equity plans with employee consultation, health and safety support, diversity measures, and for procurements $5 million or more, local hiring and training commitments (s 12AC). Agencies and tenderers must ensure correct ANZSIC classification and be prepared to justify exclusions, and tenderers must document employee consultation processes because the plan must include a statement about how consultation was done (s 12AC(2)).

Procurement Board review triggers (s 14)

A planned procurement with estimated total consideration of $7 million or more must be reviewed by the Board in the planning period (s 14(1)(a)), and other triggers include significant probity concerns, ICT with system development, new standing-offer arrangements, or proposed substantial changes to existing contracts (s 14(1)(b)-(c)). Agencies planning high-value procurements should anticipate Board review timing and documentation needs to avoid schedule slips.

Exemptions favour local or targeted sourcing only if correctly documented (s 10(2)(b))

The responsible chief executive officer may exempt a Territory entity from the three-quotation requirement only if the officer is satisfied that at least one exemption reason applies or that the Territory entity intends to seek a quotation from a certified Aboriginal or Torres Strait Islander entity, or both an ACT/surrounding-region entity and a small/medium business entity (s 10(2)(b)). A failure to document intentions and reasons opens the exemption to challenge and will be recorded on the notifiable contract entry (s 12A(1)(k)).

Board member conduct documentation and recusal (s 17)

Disclosure of interests must be prompt and recorded in minutes; absent clear minutes, members may be found to have contravened disclosure duties, which is a prescribed ground for ending appointment without reasonable excuse under s 18. Minute-taking and formal recusal records are therefore essential.

Interplay with other procurement vehicles and exemptions (s 4)

The regulation excludes procurement under standing-offer arrangements from Part 2 (s 4(1)(a)); this can complicate audit trails where services are procured via panels or standing offers created by other Territory entities. Ensure that standing-offer arrangements are used within their terms and that any new standing-offer procurement is correctly routed to the Procurement Board where required (s 13-14).

The regulation imposes measurable steps and timelines. Below is a practical compliance checklist for both Territory entities and suppliers, with references to the relevant sections.

For Territory entities (procurement teams and responsible chief executive officers)

Determine procurement category early

At procurement inception calculate the estimated total consideration and determine whether it is low-value (< $25,000), limited tender (s 7 thresholds) or open tender (s 8 thresholds). Reference ss 6-8.

Apply Part 2 exclusions

Check s 4 to determine whether the procurement is excluded from Part 2 (standing-offer arrangements, subleases/licences, procurements from other governments, certain R&D, banking/investment services, legal services for litigation, emergency works, goods/services for use outside Australia, disposals). Document the legal basis for any non-application.

Follow quotation and tender requirements

Low-value: obtain at least one written quotation and retain documentation (s 6).
Limited tender: seek at least three written quotations unless a documented exemption is in place (s 7(2), s 10).
Open tender: invite tenders and electronically advertise for at least 25 days, unless a valid reason allows 10 days (s 8(2)). Publish a notice as soon as practicable and update if details change (s 10C).

Implement exemption procedures

If seeking an exemption, record it in writing and the reasonable grounds that justify it (s 10(1), 10A(1)). If an exemption is granted, follow any direction imposed by the responsible chief executive officer about the kind or number of quotations or particular suppliers (s 10B). Ensure the notifiable contract register entry later records whether an exemption applied (s 12A(1)(k)).

Time and content of register entries

For notifiable contracts (threshold $25,000, s 11) enter prescribed contract information in the register within 21 days after the contract is made (s 12C(1)). For notifiable invoices (threshold $25,000, s 12) enter information within 21 days after the end of the month in which the invoice was paid (s 12C(2)). Update register entries within 21 days of any change (s 12C(3)). Ensure that the public text is uploaded and any confidential text is appropriately indicated with a brief description as required (s 12A(1)(m)-(q)).

Maintain public access and retention

Coordinate with the director-general’s office to ensure register entries are accessible on the approved website and retained for the statutory periods (s 12B). Retain internal records beyond the public retention period to support audits.

Secure Local Jobs Code compliance

For service procurements at or above the prescribed value ($200,000, s 12AA), determine applicability and whether excluded service classes apply using ANZSIC (s 12AB). Require tenderers to submit labour relations, training and workplace equity plans with the content specified in s 12AC, and verify employee consultation statements (s 12AC(2)). For procurements $5 million or more require additional local hire and training commitments to be stated clearly (s 12AC(1)(h)). Record secure local jobs code certificate details on the code register per s 12AD where applicable.

Plan for Procurement Board review where required

If in the planning period and the procurement is estimated at $7 million or more, or otherwise triggers s 14 grounds (significant probity concerns, ICT system development, new standing-offer arrangement, substantial change to existing contract), prepare documentation for Board review and factor its timeline into procurement planning (s 14).

Governance and audit trails

Ensure delegation instruments (s 5) are in force where appropriate, maintain minutes that document disclosure of interests and recusals for board members (s 17), and prepare the Board’s annual report materials as required (s 20).

For suppliers and tenderers

Monitor tender advertising and notices

For open tender procurements monitor electronic advertising platforms and notices published as soon as practicable for planned open tenders (s 10C). Be mindful of the 25‑day default advertising period and conditions for 10‑day advertising (s 8(2)).

Timely tender submission

Submit tenders on time; late tenders must not be accepted unless lateness was due to an act or omission by the Territory entity (s 10D). Use time-stamped electronic submissions where possible, and preserve evidence of delivery.

Prepare secure local jobs plan where applicable

If tendering for services at or above $200,000 check whether the secure local jobs code applies and prepare a labour relations, training and workplace equity plan with the content required by s 12AC. Ensure the plan documents employee consultation and includes specific commitments for local recruitment and training if the procurement is $5 million or more.

Employee consultation and subcontractor management

Where a plan is required, ensure genuine employee consultation is conducted and documented, and implement procedures to ensure subcontractors comply with code obligations (s 12AC(1)(c), (2)).

Contract confidentiality expectations

If contract text will include confidential text, anticipate that the public register will require a brief indication of what the confidential text relates to and that public text must be uploaded (s 12A(1)(m)-(q)). Where necessary, seek clear contractual definitions of confidential text and agree on the public text that will be uploaded.

Record-keeping and audit readiness

Keep contemporaneous files to evidence reasonable grounds for exemptions, delegation instruments, procurement planning documents, advertisement notices and timelines, tender evaluation records, Board submissions and minutes, employee consultation records required for secure local jobs plans, and register entry logs. These records will be the primary evidence during audits or Ministerial/Board review and will be essential if probity or disclosure issues arise.

Checklist of immediate actions for compliance officers

Map all procurements to the thresholds (s 6-8) and to the Part 2 exclusions (s 4) at the planning stage.
Implement a 21-day register entry tracking system for contracts and invoices (s 12C).
Update procurement templates to include provision for labour relations, training and workplace equity plans where the secure local jobs code may apply (ss 12AA-12AC).
Maintain a procedure for documenting and retaining written exemptions, and ensure any directions under s 10B are recorded and justified.
Ensure tender portals and advertising calendars are in place to meet the advertising windows for open tenders (ss 8, 10C).
Integrate Board review timelines into procurement project plans for procurements meeting s 14 triggers.

Following these steps will align procurement practice with the obligations the regulation prescribes and will reduce exposure to administrative non-compliance visible on the statutory registers.

Government Procurement Regulation 2007

Plain English Summary

Deep Dive

What it does

Current sections

Government Procurement Regulation 2007

Source text: opening excerpt

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply