Procedural Order of Continuing Effect: Departmental and agency
7 Departmental and agency contracts
(1) There be laid on the table, by each minister in
the Senate, in respect of each agency administered by that minister,
or by a minister in the House of Representatives represented by that
minister, by not later than the tenth day of the spring and autumn sittings,
a letter of advice that a list of contracts in accordance with paragraph
(2) has been placed on the Internet, with access to the list through
the departments or agencys home page.
- each contract entered into by the agency which has not been fully performed or which has
been entered into during the previous 12 months, and which provides for a consideration to
the value of $100 000 or more;
- the contractor, the amount of the consideration and the subject matter of each such
- whether each such contract contains provisions requiring the parties to maintain
confidentiality of any of its provisions, or whether there are any other requirements of
confidentiality, and a statement of the reasons for the confidentiality; and
- an estimate of the cost of complying with this order and a statement of the method used
to make the estimate.
(3) If a list under paragraph (1) does not fully comply with the
requirements of paragraph (2), the letter under paragraph (1) indicate the extent of, and
reasons for, non-compliance, and when full compliance is expected to be achieved. Examples
of non-compliance may include:
- the list is not up to date;
- not all relevant agencies are included; and
- contracts all of which are confidential are not included.
(4) Where no contracts have been entered into by a department or
agency, the letter under paragraph (1) is to advise accordingly.
(5) In respect of contracts identified as containing provisions of the
kind referred to in paragraph (2)(c), the Auditor-General be requested to provide to the
Senate, within 6 months after each day mentioned in paragraph (1), a report indicating
that the Auditor-General has examined a number of such contracts selected by the
Auditor-General, and indicating whether any inappropriate use of such provisions was
detected in that examination.
(6) In respect of letters including matter under paragraph (3), the
Auditor-General be requested to indicate in a report under paragraph (5) that the
Auditor-General has examined a number of contracts, selected by the Auditor-General, which
have not been included in a list, and to indicate whether the contracts should be listed.
(7) The Finance and Public Administration References Committee consider
and report on the first year of operation of this order.
(8) This order has effect on and after 1 July 2001.
(9) In this order:
"agency" means an agency within the meaning of
the Financial Management and Accountability Act 1997;
"autumn sittings" means the
period of sittings of the Senate first commencing on a day after 1
January in any year;
"previous 12 months" means the period
of 12 months ending on the day before the first day of sitting of
the autumn or spring sittings, as the case may be; and
"spring sittings" means the
period of sittings of the Senate first commencing on a day after 31
July in any year.
(20 June 2001 J.4358, amended 27 September 2001