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).
Section 1 - Government Procurement Regulation 2007 - Government Procurement Regulation 2007 | Zoe
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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
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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
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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
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Australian Capital Territory
Government Procurement
Regulation 2007
made under the
Government Procurement Act 2001
Part 1 Preliminary
Section 1
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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
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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
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(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
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(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
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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
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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
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(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
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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
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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
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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
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(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
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(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
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(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
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entity based in the ACT or surrounding region means an entity that
is permanently and primarily located in the ACT or 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
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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
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(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
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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
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(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
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(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
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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
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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
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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
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(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
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(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
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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
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(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
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(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
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(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
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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
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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
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• 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
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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
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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
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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
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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
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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
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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
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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