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Appendix 4 - Senate Order (18 June 2003)
- 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 2 calendar months after the last day of the financial and calendar
year, 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, the
commencement date of the contract, the duration of the contract, the relevant
reporting period and the twelve-month period relating to the contract listings;
- 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 and second 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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