56Procurement agreements between the Head, Recycling Victoria and councils and Alpine Resorts Victoria

56 Procurement agreements between the Head, Recycling Victoria and councils and Alpine Resorts Victoria

(1) The Head, Recycling Victoria may enter into a written agreement with a council that intends to procure a waste, recycling or resource recovery service for the municipal district of the council.

S. 56(2) amended by No. 9/2022 s. 28(2).

(2) The Head, Recycling Victoria may enter into a written agreement with Alpine Resorts Victoria that intends to procure a waste, recycling or resource recovery service for land within an alpine resort.

(3) An agreement under subsection (1) or (2) may provide for any of the following—

S. 56(3)(a) amended by No. 9/2022 s. 28(3)(a).

(a) the process by which the council or Alpine Resorts Victoria is to procure the waste, recycling or resource recovery service;

S. 56(3)(b) amended by No. 9/2022 s. 28(3)(b).

(b) requirements or provisions that must be included in a contract entered into by the council or Alpine Resorts Victoria for the procurement of the waste, recycling or resource recovery service;

(c) the enforcement of a contract referred to in paragraph (b), including but not limited to penalties to which a party to the contract may be liable if the party fails to comply with the contract;

S. 56(3)(d) amended by No. 9/2022 s. 28(3)(c).

(d) conditions or standards with which the council or Alpine Resorts Victoria must comply at any stage during the procurement process;

S. 56(3)(e) amended by No. 9/2022 s. 28(3)(d)(e).

(e) the enforcement of the agreement by the Head, Recycling Victoria, including but not limited to penalties to which the council or Alpine Resorts Victoria may be liable if the council or Alpine Resorts Victoria—

(i) fails to comply with the agreement; or

(ii) withdraws from the agreement before the procurement process is complete;

(f) any prescribed matter.

(4) The Head, Recycling Victoria may—

S. 56(4)(a) amended by No. 9/2022 s. 28(4)(a).

(a) enter into more than one agreement under subsection (1) or (2) with a single council or Alpine Resorts Victoria (as appropriate); or

S. 56(4)(b) amended by No. 9/2022 s. 28(4)(b).

(b) enter into a single agreement under subsection (1) or (2) with more than one council (as appropriate).

S. 56(5) amended by No. 9/2022 s. 28(5).

(5) Despite anything to the contrary in an agreement under subsection (1) or (2), a council or Alpine Resorts Victoria is not liable to a penalty under the agreement merely because the council or Alpine Resorts Victoria withdraws from that agreement before the relevant procurement process is complete if the Head, Recycling Victoria is satisfied that in the circumstances it would be manifestly unjust to require the council or Alpine Resorts Victoria to complete the procurement process.