US Free Trade Agreement Implementation Act 2004 (120 of 2004)

Schedule 6   Commonwealth authorities and companies amendments

Commonwealth Authorities and Companies Act 1997

1   After section 47

Insert:

47A Compliance with government procurement requirements

(1) This section applies to Commonwealth authorities, and wholly-owned Commonwealth companies, specified in the regulations for the purposes of this section.

(2) Subject to subsection (3), the Finance Minister may, in writing, give directions to the directors of an authority or a company to which this section applies on matters related to the procurement of property or services.

(3) The Finance Minister must not give a direction that is inconsistent with Australia's obligations under any international agreement that deals with government procurement (whether or not the agreement also deals with other matters).

(4) Without limiting the generality of subsection (2), directions permitted by subsection (2) may apply, adopt or incorporate, with or without modifications, all or any of the Commonwealth Procurement Guidelines, as in force from time to time.

(5) The directors must ensure that the directions are complied with by the authority or company.

(6) The directors must also ensure, as far as practicable, that the directions are complied with by the subsidiaries of the authority or company.

(7) In this section:

Commonwealth Procurement Guidelines means the guidelines relating to procurement issued under the Financial Management and Accountability Regulations 1997.