2002

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Ms Roslyn Dundas)

2002

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Ms Roslyn Dundas)

An Act to amend the Public Access to Government Contracts Act 2000

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the Public Access to Government Contracts Amendment Act 2002 (No 2).

This Act commences on a day fixed by the Minister by written notice.

Note 1 The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

Note 2 A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).

Note 3 If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).

This Act amends the Public Access to Government Contracts Act 2000.

government agency means any of the following:

(a) the Territory;

(b) a Territory instrumentality;

(c) the University of Canberra;

(d) the University of Canberra College Pty Limited (ACN 080 888 231);

but does not include a Territory owned corporation.

public text means—

(a) for a government contract—the public text of the contract prepared in accordance with section 6; or

(b) for a tender—the public text of the tender prepared in accordance with section 6A.

(1) This section applies if a government contract was awarded on the basis of tenders.

(2) Within 21 days after making the contract, the government agency must prepare a public text of the tender for the contract in accordance with this section.

(3) The public text of the tender must include all the text of the tender, other than text that the agency is satisfied—

(a) that, if made public, would result in—

(i) the unreasonable disclosure of personal information; or

(ii) the disclosure of a trade secret; or

(iii) the unreasonable disclosure of information about the business affairs of a person; or

(b) it is required to keep confidential under a law or for another reason.

(1) Within 21 days after a government agency prepares the public text of a government contract, the public text of the contract, and, if the contract was awarded on the basis of tenders, the public text of the tender for the contract, must be made available to the public by—

(a) making paper copies available for purchase; and

(b) making electronic copies available without charge on a government website.

(2) A paper or electronic copy of the public text of the contract (and, if applicable, the public text of the tender for the contract) must be available to the public for whichever of the following is longer:

(a) for 3 years after the day the contract was made;

(b) if the public text of the contract is a new public text prepared under section 6 (3)—for 3 years after the day the new public text was prepared.

(3) The agency may also make electronic copies available in another way.

electronic copies might be distributed by email

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(4) If the agency makes electronic copies available in another way, it must be without charge.

For the latest republication of amended laws, see www.legislation.act.gov.au.