Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actssubstitute
26 Meaning of notifiable amendment
For this part, a notifiable amendment of a notifiable contract is any amendment that, either alone or counted with another amendment or other amendments that have not been notified in the notifiable contracts register—
(a) increases the total consideration for the contract by at least the greater of—
(i) 10% (or, if another percentage is prescribed under the regulations, the other percentage) of the total consideration for the contract as already notified in the notifiable contracts register; and
(ii) $20 000 (or, if another amount is prescribed under the regulations, the other amount); or
(b) substantially changes the scope or nature of the goods, services, works or property to be procured under the contract.
Example
The consideration for a contract between the Territory and Acme Pty Ltd for the supply of road runner retention devices is $190 000.
The minimum value for notification of an amendment, or a series of amendments, of the contract is $20 000 (ie the greater of $20 000 or 10% of the value of the contract which is $19 000). The contract is amended on 3 occasions.
The 1st and 2nd amendments are for $15 000 each. While neither of the amendments is separately notifiable, the total of the 2 amendments is $30 000 and each of them is therefore a notifiable amendment. When the 2 amendments are notified on the register, the 2 amendments cannot be counted towards any other notifiable amendment. They increase the total consideration for the contract to $220 000.
The 3rd amendment is for $21 000. It is not a notifiable amendment because, even though it is more than $20 000, it is less than 10% of the total consideration for the contract as amended by all previous notifiable amendments, ie $22 000.
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).