Procurement Act 1995
1Procurement Act 1995
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NORTHERN TERRITORY OF AUSTRALIA PROCUREMENT ACT 1995 As in force at 30 November 2018 Table of provisions Part 1 Preliminary 1 Short title ......................................................................................... 1 2 Commencement .............................................................................. 1 3 Interpretation ................................................................................... 1 4 Delegation ....................................................................................... 2 5 Exemptions ...................................................................................... 2 Part 2 Procurement 6 Procurement Review Boards ........................................................... 2 7 Requisitions for supplies .................................................................. 2 8 Tender requirements ....................................................................... 2 9 Certificate of exemption relating to inviting tenders ......................... 3 10 Details of certain contracts to be published ..................................... 3 11 Procurement directions .................................................................... 3 Part 3 Miscellaneous 12 Regulations...................................................................................... 3 13 Continuation of Procurement Review Boards .................................. 4 ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 30 November 2018
PROCUREMENT ACT 1995 An Act to provide for the procurement of supplies for the purposes of the Territory and agencies, and for related purposes Part 1 Preliminary 1 Short title This Act may be cited as the Procurement Act 1995. 2 Commencement This Act shall come into operation on the commencement of the Financial Management Act 1995. 3 Interpretation (1) In this Act, unless the contrary intention appears: procurement directions means directions issued under section 11 by the Minister. Procurement Review Board means a Procurement Review Board established or continued in existence by this Act. requisition means an authority to acquire supplies. supplies means a requirement of the Territory or an Agency, including goods, works and services, and consultancies, provided or to be provided to the Territory or Agency. tender means an offer to provide supplies at a stated or calculated price. this Act includes the Regulations. (2) Where a word or expression used in this Act is not defined in this Act but is defined in and for the purposes of the Financial Management Act 1995, then, unless the contrary intention appears, that word or expression has the same meaning in this Act as it has in the Financial Management Act 1995.
Part 2 Procurement Procurement Act 1995 2 4 Delegation (1) The Minister or a person on whom a power is conferred or a function imposed by this Act may, in writing, delegate to a person or a person from time to time holding or acting in a named office, designation or position the power or function. (2) A power or function delegated under this section, when exercised or performed by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Minister or person who delegated the power or function. (3) A delegation under this section does not prevent the exercise of a power or the performance of a function by the Minister or person who delegated the power or function. 5 Exemptions (1) The Minister may, in writing, exempt an accountable officer from the need to comply with a provision of this Act and, while the exemption remains in force, the accountable officer is not required to comply with the provision. (2) The accountable officer for the Agency administering the Independent Commissioner Against Corruption Act 2017 is exempt from the need to comply with this Act in relation to the acquisition of investigative, legal and audit services. Part 2 Procurement 6 Procurement Review Boards (1) The Minister may, in writing, establish a Procurement Review Board or such number of Procurement Review Boards as the Minister thinks fit for the purposes of this Act. (2) A Procurement Review Board shall be constituted in accordance with this Act. 7 Requisitions for supplies Supplies for the Territory or an Agency shall not be acquired except by a requisition issued in accordance with this Act. 8 Tender requirements Subject to this Act, an Accountable Officer shall ensure that tenders for the acquisition of supplies are called in accordance with this Act.