Document ID: chunk:federal_register_of_legislation:C2004C00357:clause:3_242
Version: federal_register_of_legislation:C2004C00357
Segment Type: clause
Provision Reference: sch 3 cl 242
Character Range: 137243–139894

242  Heading
Before section 5 of the Principal Act the following Part, heading and section are inserted:

       Part II—Procurement of goods, works and services

       4A  Interpretation

  In this Part, unless the contrary intention appears:

Commonwealth authority means an authority or body (including a body corporate and a corporation sole) established for a public purpose by, or in accordance with the provisions of, a law of the Commonwealth or of the Australian Capital Territory, but does not include an intergovernmental body unless that body is prescribed for the purposes of this Part.

goods includes:
 (a) ships, aircraft, vehicles, machinery and equipment;
 (b) copyrights, patent rights, trademarks and other incorporeal property; and
 (c) computer software.

procurement, in relation to goods, includes taking the goods on lease or hire.

       4B  Procurement of goods, works and services

 (1) Subject to this section, after the commencement of this Part, the procurement of goods, works or services on behalf of the Commonwealth or a Commonwealth authority involving expenditure exceeding $10,000, or, if a higher amount is prescribed, that higher amount, shall be undertaken in accordance with arrangements approved by the Secretary to the Department of Administrative Services or approved by a person authorized in writing by him, and not otherwise.

 (2) The Minister may, by instrument in writing under his hand, grant exemptions from the application of subsection (1), either absolutely or subject to conditions (not being conditions inconsistent with Part III or IV or with regulations in force under the Audit Act 1901), and without limiting the generality of the foregoing, may grant exemptions by reference to one or more of the following:
 (a) particular Departments of the Australian Public Service or particular Commonwealth authorities;
 (b) particular activities of particular Departments of the Australian Public Service or of particular Commonwealth authorities;
 (c) particular classes of goods, work or services;
 (d) particular places;
 (e) particular stages of procurement;
 (f) particular amounts of expenditure;
 (g) particular periods of time.

 (3) Where a provision of a law constituting or establishing a Commonwealth authority requires the authority to obtain the consent or approval of the Minister administering that law before the authority enters into a contract, this section does not exempt the authority from the requirement.

       Part III—Commonwealth authorities to invite tenders or quotations

       4C  This Part subject to Part II

  This Part has effect subject to Part II.