Maintaining the Integrity of Electronic Tendering: Reflections on the Capacity of the Australian Legal Framework to Meet this Challenge

Christensen, Sharon A. & Duncan, William D. (2006) Maintaining the Integrity of Electronic Tendering: Reflections on the Capacity of the Australian Legal Framework to Meet this Challenge. E-Law Journal, 13.


Numerous government are establishing electronic tendering systems for procuring in particular building services and goods. By comparison with other jurisdictions such as the United States and the European Union, the legal framework for government tendering in Australia is underdeveloped. No specific regulatory framework exists for ensuring the accountability, transparency or integrity of the government tendering process. The purpose of this article is to assess the ability of the current legal framework in Australia to effectively deal with a number of the new and novel legal challenges created by electronic dealings. This will be considered against the background of accepted practices and law related to the tendering process and relevant electronic transactions legislation, with a view to examining how the law might address the different, and sometimes heightened, risks involved in undertaking the process wholly in an electronic medium, rather than through the traditional paper document method.

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ID Code: 6558
Item Type: Journal Article
Refereed: Yes
Additional Information: The articles in this journal are freely available from the journal's website (see link).
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ISSN: 1321-8247
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Commercial and Contract Law (180105)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Copyright Owner: Copyright 2006 E Law and the authors
Copyright Statement: E Law and its authors grant a license to those accessing E Law to call up copyright materials onto their screens and to print out a single copy for their own personal non-commercial use subject to proper attribution of E Law and/or the authors.
Deposited On: 16 Mar 2007 00:00
Last Modified: 29 Feb 2012 13:18

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