INDEPENDENT PRICING AND REGULATORY TRIBUNAL ACT 1992 - SECT 24G
Purpose and application of Part
INDEPENDENT PRICING AND REGULATORY TRIBUNAL ACT 1992 - SECT 24G
Purpose and application of Part
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 PrinciplesAgreement, so far as they are applicable to public
authorities. Other bodies (including the NSW Procurement Board and the Office
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.
(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.