43Open and effective competition

43 Open and effective competition

(1) A person who decides how supplies are to be procured must choose methods that will promote open and effective competition to the extent practicable.

(2) Where:

(a) a Minister gives a direction concerning procurement; and

(b) compliance with the direction would prevent the use of procurement methods that will promote open and effective competition to the extent practicable;

a person deciding those methods must nevertheless choose methods that will provide open and effective competition to the greatest extent practicable while complying with the direction.