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Appendix 3 - Senate Order (27 September 2001)
- 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 department's or agency's home
page.
- The list of contracts referred to in paragraph (1) indicate:
- 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 contract;
- 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.
- 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.
- Where no contracts have been entered into by a
department or agency, the letter under paragraph (1) is to advise accordingly.
- 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.
- In respect of letters including matter under paragraph
(2A), the Auditor-General be requested to indicate in a report under paragraph
(3) 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.
- The Finance and Public Administration References
Committee consider and report on the first year of operation of this order.
- This order has effect on and after 1 July 2001.
- 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;
"spring sittings" means the period of
sittings of the Senate first commencing on a day after 31 July in any year.
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