Australian Capital Territory Numbered Acts

GOVERNMENT PROCUREMENT AMENDMENT ACT 2007 (NO. 11 OF 2007) - SECT 37

insert

Part 10     Transitional provisions

100     Procurement guideline

    (1)     The Government Procurement (Quotation and Tender Thresholds) Guideline 2003 (No 1) in force under this Act, section 7 immediately before commencement day is taken to be a regulation made under this Act, section 52 (Regulation-making power) and applies, with any necessary changes, for the purposes of this Act.

    (2)     To remove any doubt and without limiting subsection (1), the guideline mentioned in subsection (1) may be amended or repealed as if it had been made as a regulation by the Executive under this Act, section 52.

    (3)     To remove any doubt, the guideline mentioned in subsection (1) is taken—

        (a)     to have been notified under the Legislation Act on the day the Government Procurement Amendment Act 2007 is notified; and

        (b)     to have commenced on commencement day; and

        (c)     not to be required to be presented to the Legislative Assembly under the Legislation Act, section 64 (1).

    (4)     Subsections (1), (2) and (3) are laws to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

    (5)     This section expires on commencement day.

    (6)     In this section:

"commencement day" means the day the Government Procurement Amendment Act 2007 commences.

101     Notifiable contracts

    (1)     This section applies to a contract made by the Territory or a territory entity before the commencement of this section.

    (2)     Part 3 (Notifiable contracts) does not apply to the contract unless—

        (a)     the contract was a notifiable contract when the contract was made, or became a notifiable contract before the commencement of this section; or

        (b)     an amendment to the contract made after the commencement of this section increases the total consideration for the contract by at least $20 000.

    (3)     Subsections (1) and (2) are laws to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

    (4)     This section expires 1 year after the day it commences.