Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(see s 12)
substitute
An Act about the procurement of goods, services and works by the Territory and Territory entities, and for other purposes
in part 1, insert
4A Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg "conduct", "intention", recklessness and strict liability ).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
[1.3] Section 6
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6 Functions of board
The functions of the board are—
(a) to develop, implement and review policies and practices about—
(i) the procurement of goods, services and works by Territory entities; and
(ii) the disposal of goods and works by Territory entities; and
(b) to establish an accreditation system for the procurement and disposal activities of Territory entities; and
(c) to develop and make guidelines for—
(i) the procurement of goods, services and works by Territory entities; and
(ii) the disposal of goods and works by Territory entities; and
(d) to monitor the procurement and disposal activities, competencies and systems of Territory entities; and
(e) to give advice to Territory entities on procurement and disposal issues; and
(f) to review procurement and disposal proposals of Territory entities in accordance with the procurement guidelines; and
(g) to assist in the development of training and development courses and activities relevant to the procurement and disposal activities of Territory entities; and
(h) to provide advice to the Minister on any issue relevant to the procurement and disposal activities of Territory entities or the operation of this Act; and
(i) to exercise any other function given to the board under this Act or any other Territory law; and
(j) to do anything else—
(i) incidental, complementary or helpful to the board's other functions; or
(ii) likely to improve the effective and efficient exercise of the board's other functions.
Note A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity ).
[1.4] Section 7 (2)
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(2) The procurement guidelines may make provision about—
(a) the procurement of goods, services and works by Territory entities; and
(b) the disposal of goods and works by Territory entities.
Examples
1 the policies and practices that must or may be observed
2 the procedures that must or may be followed
3 the accreditation of people involved, and procedures followed, in procurement and disposal activities
4 reporting on procurement and disposal activities
5 procurement and disposal proposals that are to be reviewed by the board
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).
[1.5] New section 7 (5)
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(5) The regulations may provide that prescribed activities are, or are not, to be regarded for this Act as—
(a) procurement or disposal; or
(b) procurement or disposal activities.
[1.6] Section 12 (1), note
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Note 1 For the making of appointments (including acting appointments), see Legislation Act, div 19.3.
Note 2 Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).
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15 Abuse of position
(1) A person commits an offence if—
(a) the person uses information gained because of being a member of the board; and
(b) the person does so with the intention of dishonestly obtaining a benefit for the person or someone else.
Maximum penalty: imprisonment for 5 years.
(2) A person commits an offence if—
(a) the person has stopped being a member of the board; and
(b) the person uses information that the person obtained because of being a member; and
(c) the person does so with the intention of dishonestly obtaining a benefit for the person or someone else.
Maximum penalty: imprisonment for 5 years.
(3) In this section:
"dishonestly"—a person acts dishonestly if—
(a) the person's conduct is dishonest according to the standards of ordinary people; and
(b) the person knows that the conduct is dishonest according to those standards.
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Division 2.5 Other matters
22 Power to obtain information and documents
(1) In relation to the exercise of its functions, the board may, in writing, ask a Territory entity to give stated information or a stated document to the board within a stated time and in a stated way.
(2) The Territory entity must comply with the request.