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This is a Bill, not an Act. For current law, see the Acts databases.
Government (Open Market Competition) Bill 2003 No , 2003 A Bill for An Act to require Government contracts, and tenders relating to Government contracts, to be made available for public inspection, and to enable the Auditor- General to audit the accounts of persons and bodies that receive public money by way of grant.
Clause 1 Government (Open Market Competition) Bill 2003 1 The Legislature of New South Wales enacts: 2 1 Name of Act 3 This Act is the Government (Open Market Competition) Act 2003. 4 2 Commencement 5 This Act commences on the date of assent. 6 3 Definitions 7 In this Act: 8 government contract means a contract between a public authority 9 and some other person (which may consist of another public 10 authority) under which the other person undertakes to provide the 11 public authority with goods or services, or both goods and services, 12 but does not include a contract of employment. 13 public authority has the same meaning as it has in the Ombudsman 14 Act 1974. 15 public money has the same meaning as it has in the Public Finance 16 and Audit Act 1983. 17 4 Government contracts and associated tendering documents to be 18 freely available for public inspection 19 (1) A public authority that enters into a government contract must 20 ensure that, for at least 2 weeks from the date on which the authority 21 entered into the contract, copies of the contract, and (if the contract 22 was awarded on the basis of tenders) copies of the successful tender 23 for the contract: 24 (a) are made available during ordinary business hours for public 25 inspection, free of charge, at the head office of the authority, 26 and 27 (b) are made available on the authority's Internet site or (if the 28 authority does not have an Internet site) on the Government of 29 New South Wales Internet site. 30 (2) If the contract contains provisions requiring its performance to be 31 monitored, the public authority must ensure that results of the 32 monitoring are made available in the same way as the contract is 33 required to be made available under this section. Page 2
Government (Open Market Competition) Bill 2003 Clause 5 1 (3) The information concerning a contract or tender that is required to 2 be made available under this section must also be referenced, from 3 the Government of New South Wales Internet site, in a central index 4 of all such contracts and tenders. 5 (4) The Ombudsman is charged with the scrutiny of public authorities 6 in their performance of the duties imposed on them by this section 7 and, for that purpose, may conduct a preliminary inquiry into and 8 investigate, and report to Parliament on, their performance of those 9 duties. 10 (5) The Ombudsman has the same functions and immunities with 11 respect to an investigation or report under subsection (4) as the 12 Ombudsman has with respect to a preliminary inquiry, investigation 13 or report under the Ombudsman Act 1974. 14 (6) This section does not require a public authority to make available 15 for public inspection any information whose disclosure the 16 Ombudsman has certified could reasonably be expected: 17 (a) to prejudice significantly the competitive commercial 18 activities of that or any other public authority, or 19 (b) to interfere significantly with contractual or other 20 negotiations relating to the competitive commercial activities 21 of that or any other public authority. 22 (7) This section does not apply to or in respect of any government 23 contract entered into before the date of assent to this Act. 24 5 Accounts of private organisations receiving government grants to 25 be audited by Auditor-General 26 (1) The accounts of any person or body (other than a public authority) 27 that receives public money from a public authority by way of a grant 28 may be subject to inspection, examination and audit by the Auditor- 29 General under Division 2 of Part 3 of the Public Finance and Audit 30 Act 1983. 31 (2) In conducting an inspection, examination or audit under subsection 32 (1), the Auditor-General may also investigate, and report to the 33 Treasurer on, such activities of the person or body concerned as are 34 funded by public money received from a public authority by way of 35 a grant. 36 (3) A report given by the Auditor-General under subsection (2) in 37 relation to a person or body that has received public money from a public authority by way of a grant must indicate whether or not, in Page 3
Clause 6 Government (Open Market Competition) Bill 2003 38 the opinion of the Auditor-General, the person or body has applied 2 1 the public money, for the purposes for which it was granted, in an 3 economic, efficient and effective manner. 4 (4) The Auditor-General has the same functions and immunities with 5 respect to an investigation or report under subsection (2) as the 6 Auditor-General has with respect to an inspection, examination or 7 audit under subsection (1). 8 (5) For the purposes of this section, a person or body receives public 9 money by way of a grant if it receives public money otherwise than 10 as consideration under a contract for the provision of goods or 11 services. 12 6 Application of Act 13 This Act applies despite any other Act or law to the contrary, and 14 despite any agreement or other document that purports to exclude, 15 restrict or modify its operation. Page 4
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