New South Wales Consolidated Acts

INDEPENDENT PRICING AND REGULATORY TRIBUNAL ACT 1992 - SECT 24G

24G Purpose and application of Part

(1) The purpose of this Part is to provide the Tribunal with a role under the State’s complaints mechanism, in connection with competitive neutrality principles, as contemplated by the Competition Principles Agreement , so far as they are applicable to public authorities. Other bodies (including the State Contracts Control Board and the Department of Local Government) may also have roles under the complaints mechanism.

(2) Subject to subsection (3), this Part does not apply to a complaint that a public authority has failed to comply with competitive neutrality principles in relation to a tender bid made by the authority in response to an invitation for tenders.

(3) If the Minister is satisfied that:

(a) a complaint relates to an alleged failure by a public authority to comply with competitive neutrality principles in relation to a tender bid made by the authority in response to an invitation for tenders as well as in other respects, and

(b) it is appropriate that the complaint should be dealt with in its entirety under this Part,

the Minister may direct that this Part applies to the complaint in relation to the tender bid as well as in the other respects.

(4) Subject to subsection (5), this Part does not apply to a complaint that a local authority has failed to comply with competitive neutrality principles.

(5) If the Minister (after consultation with the Minister for Local Government) is satisfied that:

(a) a complaint relates to an alleged failure by one or more local authorities to comply with competitive neutrality principles and also to an alleged failure by one or more other public authorities (not being local authorities), and

(b) it is appropriate that the complaint should be dealt with in its entirety under this Part,

the Minister may direct that this Part applies to the complaint in relation to the one or more local authorities as well as in relation to the one or more other public authorities.

(6) A complaint that is the subject of a direction under this section is to be dealt with under this Part in accordance with the direction.