Section 55 - Local Government Act 1993 - Requirements for tendering

55Requirements for tendering

Start here

Get a plain-English read of 55

Turn the raw legal text into a practical explanation grounded in Local Government Act 1993.

55 Requirements for tendering

(1) A council must invite tenders before entering into any of the following contracts—

(a) a contract to carry out work that, by or under any Act, is directed or authorised to be carried out by the council,

(b) a contract to carry out work that, under some other contract, the council has undertaken to carry out for some other person or body,

(c) a contract to perform a service or to provide facilities that, by or under any Act, is directed or authorised to be performed or provided by the council,

(d) a contract to perform a service or to provide facilities that, under some other contract, the council has undertaken to perform or provide for some other body,

(e) a contract for the provision of goods or materials to the council (whether by sale, lease or otherwise),

(f) a contract for the provision of services to the council (other than a contract for the provision of banking, borrowing or investment services),

(g) a contract for the disposal of property of the council,

(h) a contract requiring the payment of instalments by or to the council over a period of 2 or more years,

(i) any other contract, or any contract of a class, prescribed by the regulations.

(2) Tenders are to be invited, and invitations to tender are to be made, by public notice and in accordance with any provisions prescribed by the regulations.

(2A) Nothing in this section prevents a council from tendering for any work, service or facility for which it has invited tenders.

(3) This section does not apply to the following contracts—

(a) subject to the regulations, a contract for the purchase of goods, materials or services specified by a person prescribed by the regulations made with another person so specified, during a period so specified and, if a rate is so specified, at a rate not exceeding the rate so specified,

(b) a contract entered into by a council with the Crown (whether in right of the Commonwealth, New South Wales or any other State or a Territory), a Minister of the Crown or a statutory body representing the Crown,