Procurement (Debarment of Suppliers) Regulations 2021

Section 36(9) of the Act provides that a supplier may be debarred or suspended under Part 7 of the Act because of conduct that occurred before the commencement of that Part. (5) This regulation does not apply to the debarment of an affiliate of a debarred supplier under regulation 5(4). 9. Category A debarment conduct Category A debarment conduct is any conduct described in Schedule 1. 10. Category B debarment conduct Category B debarment conduct is any conduct described in Schedule 2. 11. Other debarment conduct (1) Other debarment conduct is any conduct of a supplier or senior officer of a supplier that is not Category A debarment conduct or Category B debarment conduct but that the Department CEO is satisfied is of such a nature that the procurement of goods, services or works by State agencies from the supplier would be likely to have a material adverse effect on — (a) the integrity of, and public confidence in, the procurement activities of State agencies; or (b) the reputation of the State; or (c) the business risk to State agencies. (2) Other debarment conduct also includes any of the following conduct of a supplier or senior officer of a supplier — (a) a failure to cooperate with an investigation of the supplier by the Department CEO under Part 4; (b) conduct for which the supplier has been debarred under a corresponding debarment regime. page 10 Version 00-b0-00 As at 01 Jan 2022 Published on www.legislation.wa.gov.au Procurement (Debarment of Suppliers) Regulations 2021 Investigation of suppliers and debarment procedures Part 4 r. 12 Part 4 — Investigation of suppliers and debarment procedures 12. Department CEO may investigate whether supplier should be debarred (1) The Department CEO may carry out an investigation into whether a supplier should be debarred — (a) if the Department CEO reasonably suspects that the supplier or a senior officer of the supplier has engaged in conduct for which the supplier may be debarred; or (b) if — (i) the supplier or a senior officer of the supplier is under official investigation for conduct for which the supplier may be debarred; or (ii) proceedings for an offence or the imposition of a penalty have been commenced against the supplier or senior officer for any such conduct. (2) The Department CEO may also carry out an investigation into — (a) whether a supplier should be debarred because they are an affiliate of a debarred supplier; or (b) whether a supplier will become an affiliate of a debarred supplier if a supplier under investigation by the Department CEO is debarred. (3) An investigation may be carried out on the initiative of the Department CEO or at the request of a State agency. (4) The Department CEO may appoint an officer of the Department or other suitably qualified person to carry out an investigation and report to the Department CEO on the results of the investigation. As at 01 Jan 2022 Version 00-b0-00 page 11 Published on www.legislation.wa.gov.au Procurement (Debarment of Suppliers) Regulations 2021 Part 4 Investigation of suppliers and debarment procedures r. 13 13. Show cause notice to supplier and opportunity to make submissions (1) Before deciding whether or not to debar a supplier, the Department CEO must give the supplier a notice advising the supplier of the following — (a) that the debarment of the supplier is under consideration; (b) the reasons for the proposed debarment of the supplier; (c) the procedures relating to debarment under these regulations, including in relation to supplier undertakings and rights of review; (d) the consequences under these regulations of a debarment of the supplier. (2) The notice must specify the period, being not less than 7 days, within which the supplier may make submissions to the Department CEO about the proposed debarment. (3) The supplier may make submissions to the Department CEO about the proposed debarment of the supplier within the period specified in the notice. (4) The Department CEO must consider any submissions duly made by the supplier before deciding whether or not to debar the supplier. 14. Notice of debarment decision (1) The Department CEO must give a supplier notice of a decision to debar or not to debar the supplier. (2) If the Department CEO decides to debar the supplier, the notice of the decision must advise the supplier of the following — (a) the reasons for the decision to debar the supplier; (b) the period for which the supplier is debarred, including the date on which the period of debarment commences; page 12 Version 00-b0-00 As at 01 Jan 2022 Published on www.legislation.wa.gov.au Procurement (Debarment of Suppliers) Regulations 2021 Investigation of suppliers and debarment procedures Part 4 r. 14 (c) the supplier’s rights of review under the Act or these regulations. Note for this regulation:

Section 36(1) of the Act requires the Department CEO to maintain a public register of debarred suppliers. As at 01 Jan 2022 Version 00-b0-00 page 13 Published on www.legislation.wa.gov.au Procurement (Debarment of Suppliers) Regulations 2021 Part 5 Suspension of suppliers pending debarment decision r. 15 Part 5 — Suspension of suppliers pending debarment decision 15. Department CEO may suspend supplier in relation to Category A debarment conduct (1) The Department CEO may, if satisfied it is in the public interest, suspend a supplier who is under investigation by the Department CEO from supplying goods, services or works to State agencies pending a decision on whether the supplier should be debarred. (2) The Department CEO may suspend a supplier only if the investigation by the Department CEO relates to conduct that is or includes Category A debarment conduct. 16. Duration of suspension (1) The Department CEO may terminate the suspension of a supplier at any time. (2) The Department CEO must terminate the suspension of a supplier if — (a) official investigations into the offence or other conduct concerned are discontinued; or (b) proceedings commenced for the offence or other conduct concerned are withdrawn or dismissed. (3) The Department CEO must terminate the suspension of a supplier if the Department CEO decides not to debar the supplier. (4) The suspension of a supplier is terminated if the Department CEO decides to debar the supplier. page 14 Version 00-b0-00 As at 01 Jan 2022 Published on www.legislation.wa.gov.au Procurement (Debarment of Suppliers) Regulations 2021 Suspension of suppliers pending debarment decision Part 5 r. 17 (5) The suspension of a supplier is terminated on the expiry of the period of 12 months, but may be extended by the Department CEO for a period not exceeding 6 months at any one time if — (a) an official investigation or a proceeding in relation to the offence or other conduct concerned is pending or still in progress; and (b) the total period of the suspension does not exceed the period for which the supplier could be debarred. 17. Notice of suspension decision (1) The Department CEO must give a supplier notice of a decision to suspend the supplier or to terminate the suspension of a supplier. (2) The notice of a decision to suspend a supplier must advise the supplier of the following — (a) the reasons for the decision to suspend the supplier; (b) the period for which the supplier is suspended, including the date on which the period of suspension commences; (c) the supplier’s rights of review under the Act or these regulations. Note for this regulation:

Section 36 of the Act requires the Department CEO to notify State agencies of suppliers who are suspended. Suspended suppliers are not required to be included on the public register of debarred suppliers maintained under that section. Under that section, the Department CEO may suspend a supplier without any notice to the supplier of the proposed suspension or opportunity to show cause why they should not be suspended. 18. Review by SAT of suspension decision A decision of the Department CEO to suspend a supplier is prescribed for the purposes of section 34(b) of the Act. Note for this regulation:

Section 34 of the Act gives a supplier the right to apply to the State Administrative Tribunal to review a decision to debar the supplier or any other decision prescribed by the regulations. As at 01 Jan 2022 Version 00-b0-00 page 15 Published on www.legislation.wa.gov.au Procurement (Debarment of Suppliers) Regulations 2021 Part 6 Consequences of debarment or suspension r. 19 Part 6 — Consequences of debarment or suspension 19. Consequences of debarment or suspension (1) A supplier who is debarred or suspended is precluded from — (a) seeking, or being awarded, a new contract for the supply of goods, services or works to a State agency; and (b) being the agent or representative of another supplier in relation to the supply of goods, services or works to a State agency; and (c) seeking, or being awarded, an extension of supply options in an existing contract for the supply of goods, services or works to a State agency or an extension of the scope of any such existing contract. (2) A supplier who is not debarred or suspended is precluded from seeking, or being awarded, a contract for the supply of goods, services or works to a State agency if the goods, services or works, or any part of them, are to be supplied under a subcontract with another supplier who is debarred or suspended. (3) Subregulation (1)(c) applies to an extension made after this regulation comes into operation in connection with an existing contract entered into before or after this regulation comes into operation. (4) The operation of this regulation may be — (a) excluded by the Department CEO in a particular case under regulation 20(2); or (b) wholly or partly stayed by a supplier undertaking under Part 7. Note for this regulation:

Section 35 of the Act authorises a State agency to terminate a supply contract with a debarred supplier. page 16 Version 00-b0-00 As at 01 Jan 2022 Published on www.legislation.wa.gov.au Procurement (Debarment of Suppliers) Regulations 2021 Consequences of debarment or suspension Part 6 r. 20 20. Compliance by State agencies with debarment or suspension decision (1) A State agency must comply with a decision to debar or suspend a supplier except as provided by subregulation (2). (2) The Department CEO may exclude the operation of regulation 19 in relation to a particular contract or subcontract if satisfied that exceptional circumstances exist and it is in the public interest to do so. Note for this regulation:

Section 36(4) of the Act provides that the validity of a contract is not affected by a failure of a State agency to comply with a decision to debar or suspend a supplier. 21. Public register of debarred suppliers The public register of debarred suppliers required to be maintained by the Department CEO under section 36(1) of the Act must contain the following information — (a) the name of the supplier; (b) any Australian Company Number or Australian Business Number of the supplier; (c) the period of debarment. As at 01 Jan 2022 Version 00-b0-00 page 17 Published on www.legislation.wa.gov.au Procurement (Debarment of Suppliers) Regulations 2021 Part 7 Supplier undertakings about future conduct r. 22 Part 7 — Supplier undertakings about future conduct 22. Department CEO may enter into supplier undertaking (1) The Department CEO may enter into an undertaking with a supplier who has been debarred or suspended, or who is under investigation by the Department CEO under Part 4, about the future conduct of the supplier. (2) A supplier undertaking may stay — (a) all or any of the consequences of the supplier’s debarment or suspension under these regulations; or (b) any proposed debarment or suspension of a supplier. (3) The Department CEO has the sole discretion whether to enter into a supplier undertaking and on the terms of the undertaking. 23. Terms of supplier undertaking (1) A supplier undertaking may contain provisions the Department CEO considers appropriate to remedy or mitigate the causes of the conduct for which the supplier has been or could be debarred. (2) In particular, a supplier undertaking may contain provisions relating to the following — (a) the exclusion of particular employees from all or any management roles or programs; (b) the implementation or extension of compliance programs or employee training; (c) external auditing; (d) giving the Department CEO access to particular documents or information; (e) reporting to third parties. page 18 Version 00-b0-00 As at 01 Jan 2022 Published on www.legislation.wa.gov.au Procurement (Debarment of Suppliers) Regulations 2021 Supplier undertakings about future conduct Part 7 r. 24 24. Termination or amendment of supplier undertaking (1) A supplier undertaking may be terminated at any time by the Department CEO by notice to the supplier if satisfied that any terms of the undertaking have not been complied with. (2) A supplier undertaking may be terminated at any time by the supplier by notice to the Department CEO. (3) If a supplier undertaking is terminated, any stay of the consequences of a debarment or suspension, or of a proposed debarment or suspension, ceases to have effect. (4) A supplier undertaking may be amended at any time by the Department CEO by notice to the supplier. (5) A supplier may request the Department CEO to amend a supplier undertaking because of a change in circumstances and the Department CEO must consider any such request. As at 01 Jan 2022 Version 00-b0-00 page 19 Published on www.legislation.wa.gov.au Procurement (Debarment of Suppliers) Regulations 2021 Part 8 Miscellaneous r. 25 Part 8 — Miscellaneous 25. Reconsideration of debarment or suspension where circumstances change (1) A supplier who has been debarred or suspended may request the Department CEO to reconsider the decision to debar or suspend the supplier if — (a) information that is materially relevant to the decision becomes available, being information — (i) that was not available to the Department CEO or the supplier at the time of the decision; and (ii) that could not have been obtained by the supplier with reasonable endeavours; or (b) the decision was made as a result of a conviction for an offence, or the imposition of a penalty for other conduct, that has been quashed or overturned; or (c) there has been a genuine change of management of the supplier since the decision; or (d) there is any other change of circumstances that the Department CEO considers appropriate to justify the reconsideration of the decision. (2) On receipt of the request, the Department CEO must reconsider the decision to debar or suspend the supplier and may — (a) revoke or amend the debarment or suspension if satisfied it is in the public interest to do so; or (b) refuse to revoke or amend the debarment or suspension. (3) The Department CEO must give the supplier notice of the Department CEO’s decision under subregulation (2). page 20 Version 00-b0-00 As at 01 Jan 2022 Published on www.legislation.wa.gov.au Procurement (Debarment of Suppliers) Regulations 2021 Miscellaneous Part 8 r. 26 (4) A decision of the Department CEO to refuse to revoke or amend the debarment or suspension is prescribed for the purposes of section 34(b) of the Act. Note for this subregulation:

Section 34 of the Act gives a supplier the right to apply to the State Administrative Tribunal to review a decision to debar the supplier or any other decision prescribed by the regulations. 26. Authorised bodies may rely on debarment or suspension decisions An authorised body may exclude a supplier from the authorised body’s procurement of goods, services or works because the supplier is a debarred or suspended supplier. 27. Standard of proof If the Department CEO is required to be satisfied of any matter for the purposes of these regulations, the Department CEO may be satisfied of the matter on the balance of probabilities. 28. Notices (1) A notice authorised or required under these regulations to be given to a person must be given to the person in writing. (2) A notice authorised or required under these regulations to be given to a person may be given to the person by emailing it to an email address specified by the person for giving notices of that kind to the person. (3) Subregulation (2) does not limit the operation of the Interpretation Act 1984 section 76. (4) For the purposes of these regulations, a notice given to the agent of a person is taken to have been given to the person. As at 01 Jan 2022 Version 00-b0-00 page 21 Published on www.legislation.wa.gov.au Procurement (Debarment of Suppliers) Regulations 2021 Schedule 1 Category A debarment conduct Schedule 1 — Category A debarment conduct [r. 9] Item Category of conduct Description of conduct 1. Bribery and corruption WA Criminal Code — offences under sections 61, 82, 88, 96, 121, 122 Commonwealth Criminal Code — offences under sections 70.2, 70.5, 141.1 to 142.2 2. Embezzlement, theft and WA Criminal Code — offences under receiving stolen property sections 378, 414 Commonwealth Criminal Code — offences under sections 131.1, 132.1, 134.1, 134.2, 135.1, 135.2 3. Extortion WA Criminal Code — offences under sections 396 to 399 4. False statements, WA Criminal Code — offences under information, creating false sections 169 to 171 beliefs 5. Falsification of books and WA Criminal Code — offences under documents sections 418 to 420, 424 Commonwealth Criminal Code — offences under sections 136.1, 137.1, 137.2, 145.4 6. Forgery WA Criminal Code — offences under sections 473, 474 Commonwealth Criminal Code — offences under sections 144.1, 145.1, 145.2 page 22 Version 00-b0-00 As at 01 Jan 2022 Published on www.legislation.wa.gov.au Procurement (Debarment of Suppliers) Regulations 2021 Category A debarment conduct Schedule 1 Item Category of conduct Description of conduct 7. Fraud WA Criminal Code — offences under sections 83, 409, 421 Commonwealth Criminal Code — offences under sections 134.1, 134.2, 135.1, 135.2, 135.4 Corporations Act — offences under sections 1041A to 1041D, 1041F, 1041G 8. Laundering proceeds of WA Criminal Code — offences under crime, funding terrorism section 563A and related activities Commonwealth Criminal Code — offences under sections 400.2B to 400.9 Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Commonwealth) — offences under sections 136 to 143 Charter of the United Nations Act 1945 (Commonwealth) — offences under sections 20, 21, 27, 28, 32 9. Participating in activities of Commonwealth Criminal Code — criminal organisations offences under sections 390.3 to 390.6 10. Prohibited substances Misuse of Drugs Act 1981 — offences under sections 6(1), 7(1), 7(2) Commonwealth Criminal Code — offences under sections 302.2 to 302.4, 303.4 to 303.6, 305.3 to 305.5, 307.1 to 307.3 11. Secret commissions WA Criminal Code — offences under sections 529, 530, 532, 534 to 536 As at 01 Jan 2022 Version 00-b0-00 page 23 Published on www.legislation.wa.gov.au Procurement (Debarment of Suppliers) Regulations 2021 Schedule 1 Category A debarment conduct Item Category of conduct Description of conduct 12. False or misleading Australian Consumer Law — representations and contraventions under sections 18, 20, unconscionable conduct 21, 32, and offences under section 151 Corporations Act — offences under section 1041E and contraventions under section 1041H 13. Unfair trade practices Competition and Consumer Act 2010 (cartel provisions) (Commonwealth) — offences under sections 45AF, 45AG, 79 and contraventions under sections 45AJ, 45AK 14. Creditor-defeating Corporations Act — offences or dispositions contraventions under sections 588GAB(1), 588GAB(2), 588GAC(1), 588GAC(2) 15. Insider trading Corporations Act — offences or contraventions under section 1043A 16. Lobbying Foreign Influence Transparency Scheme Act 2018 (Commonwealth) — offences under sections 57, 57A(1), 57A(2), 60, 61 17. Human trafficking Commonwealth Criminal Code — offences under sections 270.3, 270.5, 270.6A, 270.7, 271.2 to 271.7, 271.7B to 271.7G 18. Unlawful employment Migration Act 1958 (Commonwealth) — offences under sections 245AB to 245AEB page 24 Version 00-b0-00 As at 01 Jan 2022 Published on www.legislation.wa.gov.au Procurement (Debarment of Suppliers) Regulations 2021 Category A debarment conduct Schedule 1 Item Category of conduct Description of conduct 19. Serious contraventions of Fair Work Act 2009 civil remedy provisions (Commonwealth) — serious contraventions of civil remedy provisions as defined in sections 539, 557A, 557B 20. Non-compliance with Occupational Safety and Health occupational safety and Act 1984 — offences under health legislation — gross sections 19(1), 19A(1), 19A(2), 20(1), negligence, death or serious 20(3), 20A(1), 20A(2), 21(1), 21(2), harm 21A(1), 21A(2), 21B(2), 21C(1), 21C(2), 22(1), 22A(1), 22A(2), 23, 23AA(1), 23AA(2), 23A, 23B(1), 23B(2), 23G(2), 23H(1), 23H(2) Mines Safety and Inspection Act 1994 — offences under sections 9, 9A(1), 9A(2), 10(1), 10(3), 10A(1), 10A(2), 12(1), 12(2), 12A(1), 12A(2), 12B(2), 12C(1), 12C(2), 13, 13A(1), 13A(2), 14, 15(1), 15(2), 15D(2), 15E(1), 15E(2) 21. Non-compliance with work Work Health and Safety Act 2020 — health and safety offences under sections 30A, 31 legislation — industrial manslaughter and Category 1 offences 22. Non-compliance with Dangerous Goods Safety Act 2004 — dangerous goods safety and offences under sections 8(1), 10, 11(2), petroleum legislation 12, 13, 14(1), 15(1), 15(2), 16, 17(2), 65(5) Petroleum and Geothermal Energy Resources Act 1967 — offences under sections 29, 49, 112A(3), 117A As at 01 Jan 2022 Version 00-b0-00 page 25 Published on www.legislation.wa.gov.au Procurement (Debarment of Suppliers) Regulations 2021

Schedule 1 Category A debarment conduct Item Category of conduct Description of conduct Petroleum Pipelines Act 1969 — offences under sections 6, 25(2), 35(1), 65 Petroleum (Submerged Lands) Act 1982 — offences under sections 19(1), 39, 60A, 60(1), 60(4), 60(5), 72(2), 74(1), 119(3), 124B(1) 23. Non-compliance with Environmental Protection Act 1986 — environmental legislation offences under sections 49(2), 50(1), 50A(1) Contaminated Sites Act 2003 — offences under sections 30(6), 43(1), 54(5), 71, 74, 94 Waste Avoidance and Resource Recovery Act 2007 — offences under section 78 24. Non-compliance with Taxation Administration Act 1953 taxation legislation (Commonwealth) — offences under sections 8C, 8K, 8N, 8T, 8U, 8WC Excise Act 1901 (Commonwealth) — offences under sections 117 to 117B, 120(1)(iv) Duties Act 2008 — conduct referred to in section 265 for which a penalty tax is required to be imposed under section 266(2) and entering into or carrying out a tax avoidance scheme referred to in section 270 page 26 Version 00-b0-00 As at 01 Jan 2022 Published on www.legislation.wa.gov.au Procurement (Debarment of Suppliers) Regulations 2021 Category A debarment conduct Schedule 1 Item Category of conduct Description of conduct Taxation Administration Act 2003 — conduct referred to in section 26 for which taxpayer liable to pay penalty tax and offences under sections 106, 107, 108 25. Attempting, conspiring, An offence of attempting, or of inciting, aiding, abetting, conspiracy or incitement, to commit an counselling or procuring offence described in this Schedule or an offences offence of aiding, abetting, counselling or procuring the commission of any such offence. 26. Similar conduct in other An offence or contravention under a jurisdictions law of another State, of a Territory or of another country that would, in the opinion of the Department CEO, have been an offence or contravention described in this Schedule if the conduct had occurred in Western Australia. 27. Similar conduct under Offences or contraventions under repealed legislation repealed enactments that are substantially the same as the offences or contraventions described in this Schedule. As at 01 Jan 2022 Version 00-b0-00 page 27 Published on www.legislation.wa.gov.au Procurement (Debarment of Suppliers) Regulations 2021 Schedule 2 Category B debarment conduct Schedule 2 — Category B debarment conduct [r. 10] Item Category of conduct Description of conduct 1. Unfair contract terms and Australian Consumer Law — conduct unfair practices that contravenes Parts 2-3, 3-1, 4-1 2. Resignation of directors, Corporations Act — conduct that creditor-defeating contravenes sections 203AA(6), dispositions and insolvent 588FGAC, 588G trading 3. Lobbying Conduct that contravenes the Integrity (Lobbyists) Act 2016 4. Non-compliance with Conduct that contravenes any of the anti-discrimination following Acts — legislation and gender Disability Discrimination Act 1992 equality reporting (Commonwealth) requirements Equal Opportunity Act 1984 Racial Discrimination Act 1975 (Commonwealth) Sex Discrimination Act 1984 (Commonwealth) Workplace Gender Equality Act 2012 (Commonwealth) 5. Non-compliance with Conduct that contravenes the Modern modern slavery reporting Slavery Act 2018 (Commonwealth) requirements page 28 Version 00-b0-00 As at 01 Jan 2022 Published on www.legislation.wa.gov.au Procurement (Debarment of Suppliers) Regulations 2021 Category B debarment conduct Schedule 2 Item Category of conduct Description of conduct 6. Non-compliance with Conduct that contravenes any of the industrial legislation, following Acts or instruments — awards and agreements Fair Work Act 2009 (Commonwealth) and awards and agreements made under that Act Industrial Relations Act 1979 and awards and agreements made under that Act Minimum Conditions of Employment Act 1993 Long Service Leave Act 1958 Construction Industry Portable Paid Long Service Leave Act 1985 Superannuation Guarantee (Administration) Act 1992 (Commonwealth) 7. Non-compliance with Workers’ Compensation and Injury workers’ compensation Management Act 1981 — conduct that legislation contravenes sections 170(1), 303A 8. Non-compliance with Conduct that contravenes any of the occupational safety and following Acts — health legislation Occupational Safety and Health Act 1984 Work Health and Safety Act 2020 As at 01 Jan 2022 Version 00-b0-00 page 29 Published on www.legislation.wa.gov.au Procurement (Debarment of Suppliers) Regulations 2021

Schedule 2 Category B debarment conduct Item Category of conduct Description of conduct 9. Non-compliance with Conduct that contravenes any of the environmental legislation following Acts — Environmental Protection Act 1986 Contaminated Sites Act 2003 Waste Avoidance and Resource Recovery Act 2007 10. Non-compliance with Conduct that contravenes any of the dangerous goods safety and following Acts — petroleum legislation Dangerous Goods Safety Act 2004 Mines Safety and Inspection Act 1994 Petroleum and Geothermal Energy Resources Act 1967 Petroleum Pipelines Act 1969 Petroleum (Submerged Lands) Act 1982 11. Non-payment of taxes Conduct that contravenes any of the following Acts — Taxation Administration Act 1953 (Commonwealth) Duties Act 2008 Taxation Administration Act 2003 12. Similar conduct in other Conduct in another State, a Territory or jurisdictions another country that would, in the opinion of the Department CEO, have been conduct described in this Schedule if the conduct had occurred in Western Australia. page 30 Version 00-b0-00 As at 01 Jan 2022 Published on www.legislation.wa.gov.au Procurement (Debarment of Suppliers) Regulations 2021 Category B debarment conduct Schedule 2 Item Category of conduct Description of conduct 13. Similar conduct under Conduct that contravenes a repealed repealed legislation enactment and that is substantially the same as the conduct described in this Schedule. As at 01 Jan 2022 Version 00-b0-00 page 31 Published on www.legislation.wa.gov.au Procurement (Debarment of Suppliers) Regulations 2021 Notes Compilation table Notes This is a compilation of the Procurement (Debarment of Suppliers) Regulations 2021. For provisions that have come into operation see the compilation table. Compilation table Citation Published Commencement Procurement (Debarment of Suppliers) SL 2021/187 Pt. 1: 5 Nov 2021 (see r. 2(a)); Regulations 2021 5 Nov 2021 Regulations other than Pt. 1: 1 Jan 2022 (see r. 2(b)) page 32 Version 00-b0-00 As at 01 Jan 2022 Published on www.legislation.wa.gov.au Procurement (Debarment of Suppliers) Regulations 2021 Defined terms Defined terms [This is a list of terms defined and the provisions where they are defined. The list is not part of the law.] Defined term Provision(s) Australian Consumer Law ............................................................................... 3(1) Category A debarment conduct.................................................................... 3(1), 9 Category B debarment conduct .................................................................. 3(1), 10 Commonwealth Criminal Code ....................................................................... 3(1) Corporations Act .............................................................................................. 3(1) corresponding debarment regime ..................................................................... 3(1) official investigation ........................................................................................ 3(1) other debarment conduct .................................................................................. 3(1) Other debarment conduct ................................................................... 11(1) and (2) penalty.............................................................................................................. 3(1) related body corporate...................................................................................... 3(1) senior officer .................................................................................................... 3(1) supplier undertaking......................................................................................... 3(1) WA Criminal Code .......................................................................................... 3(1) As at 01 Jan 2022 Version 00-b0-00 page 33 Published on www.legislation.wa.gov.au