47Tendering for LTES agreements

47 Tendering for LTES agreements

47 Tendering for LTES agreements

(1) The consumer trustee must conduct a competitive tender for LTES agreements unless the regulator otherwise authorises generally or in a particular case.

(2) The consumer trustee must not conduct a competitive tender for LTES agreements for firming infrastructure unless directed by the Minister.

(3) A competitive tender must be carried out in accordance with—

(a) any requirements prescribed by the regulations, and

(b) the rules made by the consumer trustee under this section.

(4) A tender bid must, unless exempted by the regulations, include information about how the proposal will create employment and support industry in New South Wales if the person enters into an LTES agreement.

(5) Before conducting a competitive tender, the consumer trustee must make rules that are consistent with the regulations to deal with the following matters—

(a) the eligibility criteria for making a tender bid,

(b) the notification of the opening of the competitive tender,

(c) the procedure for making a tender bid, including the information required to be included in a bid,

(d) the fee payable for making a bid and requirements for bonds or other security,

(e) the assessment of a tender bid by the consumer trustee,

(f) other matters the consumer trustee considers necessary,

(g) other matters prescribed by the regulations.

(6) Before making rules, the consumer trustee is to consult with the regulator.

(7) The rules are to be published in the Gazette.