sec.62AEWhen public offer must be invited, and when offers may be invited in another way

### sec.62AE When public offer must be invited, and when offers may be invited in another way This section applies if the chief executive proposes to enter into a prescribed school service contract and— no operator is entitled to, or is to be given, the first opportunity to make an offer for the contract under section 62AC or 62AD ; or an operator has been given a notice under section 62AC or 62AD inviting the operator to offer for the contract and— the operator fails to make an offer within the time stated in the notice; or the operator refuses the invitation; or the operator makes an offer that the chief executive decides is unacceptable under section 59 . The chief executive must, by public notice, invite offers from the public, within a stated reasonable time, for a service contract to provide the service. However if— an operator makes an offer, within the time stated in a notice given under section 62AC or 62AD ; and the chief executive considers the offer substantially meets the requirements of an offer that would be acceptable under section 59 ; the chief executive may defer inviting public offers to allow an opportunity for a contract to be concluded with the operator. The chief executive may invite offers, other than by public notice under subsection (2) , in any way the chief executive considers appropriate, but only if the chief executive has already invited offers from the public under subsection (2) . A time allowed to a person, under a notice or otherwise, for making an offer does not prevent the person from making an offer or further offer after that time. s 62AE ins 2000 No. 6 s 62 amd 2008 No. 32 s 98 (sec.62AE-ssec.1) This section applies if the chief executive proposes to enter into a prescribed school service contract and— no operator is entitled to, or is to be given, the first opportunity to make an offer for the contract under section 62AC or 62AD ; or an operator has been given a notice under section 62AC or 62AD inviting the operator to offer for the contract and— the operator fails to make an offer within the time stated in the notice; or the operator refuses the invitation; or the operator makes an offer that the chief executive decides is unacceptable under section 59 . (sec.62AE-ssec.2) The chief executive must, by public notice, invite offers from the public, within a stated reasonable time, for a service contract to provide the service. (sec.62AE-ssec.3) However if— an operator makes an offer, within the time stated in a notice given under section 62AC or 62AD ; and the chief executive considers the offer substantially meets the requirements of an offer that would be acceptable under section 59 ; the chief executive may defer inviting public offers to allow an opportunity for a contract to be concluded with the operator. (sec.62AE-ssec.4) The chief executive may invite offers, other than by public notice under subsection (2) , in any way the chief executive considers appropriate, but only if the chief executive has already invited offers from the public under subsection (2) . (sec.62AE-ssec.5) A time allowed to a person, under a notice or otherwise, for making an offer does not prevent the person from making an offer or further offer after that time. - (a) no operator is entitled to, or is to be given, the first opportunity to make an offer for the contract under section 62AC or 62AD ; or - (b) an operator has been given a notice under section 62AC or 62AD inviting the operator to offer for the contract and— (i) the operator fails to make an offer within the time stated in the notice; or (ii) the operator refuses the invitation; or (iii) the operator makes an offer that the chief executive decides is unacceptable under section 59 . - (i) the operator fails to make an offer within the time stated in the notice; or - (ii) the operator refuses the invitation; or - (iii) the operator makes an offer that the chief executive decides is unacceptable under section 59 . - (i) the operator fails to make an offer within the time stated in the notice; or - (ii) the operator refuses the invitation; or - (iii) the operator makes an offer that the chief executive decides is unacceptable under section 59 . - (a) an operator makes an offer, within the time stated in a notice given under section 62AC or 62AD ; and - (b) the chief executive considers the offer substantially meets the requirements of an offer that would be acceptable under section 59 ;