Meaning of procurement
5 Meaning of procurement
In this Act:
procurement—
means the process by which a Territory entity—
acquires goods or services by any means, including purchase, lease or rent (with or without an option to buy), or exchange; or
deals in any legal or equitable estate or interest in land or deals in a right, power or privilege over, or in relation to, land as a sublease or licence over land, or part of land, in which the Territory or the Territory entity is the sublessee or licensee; and
includes the process by which a Territory entity disposes of goods by any means, including sale.
Interest, in relation to land—see the Legislation Act, dictionary, pt 1.
Also, procurement includes a procurement by—
a Territory entity acting solely on behalf of another entity; or
another entity acting solely on behalf of a Territory entity.
Example—par (a)
Canberra Institute of Technology acting solely on behalf of CIT Solutions
However, procurement does not include—
acquiring goods or services for—
resale; or
use in the production of goods for resale; or
an acquisition of goods or services by a Territory entity from another Territory entity; or
a dealing mentioned in subsection (1), definition of procurement, paragraph (a) (ii) between Territory entities; or
a dealing in any legal or equitable estate or interest in land or a dealing in a right, power or privilege over, or in relation to, land other than as mentioned in subsection (1), definition of procurement, paragraph (a) (ii).
Examples—par (d)
1 the grant of a lease or licence of land under the Planning Act 2023
2 the purchase of land by the Territory or a Territory entity
3 the grant of a sublease or licence by the Territory or a Territory entity as sublessor or licensor
A regulation may prescribe that something is, or is not, procurement for this Act.
In this section:
sublease includes an underlease.
This Act’s bill:Explanatory statementSecond reading speech
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