Commonwealth Consolidated Acts

COMMONWEALTH AUTHORITIES AND COMPANIES ACT 1997 - SECT 47A

             (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.

          (6A)  The Finance Minister's directions are legislative instruments, but neither section 42 (disallowance) nor Part 6 (sunsetting) of the Legislative Instruments Act 2003 apply to the directions.

             (7)  In this section:

"Commonwealth Procurement Guidelines" means the guidelines relating to procurement issued under regulations made under the Financial Management and Accountability Act 1997 .