Northern Territory Consolidated Regulations

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PROCUREMENT REGULATIONS - REG 6

Procurement Review Board

    (1)     A Procurement Review Board established under section 6 of the Act shall consist of not less than 3 members appointed by the Minister.

    (2)     The Minister may appoint a member of a Procurement Review Board to be the Chairman of the Board.

    (3)     An appointment under subregulation (1) or (2) may be by reference to a particular statutory office or an office under the Public Sector Employment and Management Act and, where such an appointment is made, a person holding for the time being or from time to time that office or performing the duties of that office shall be the member or the Chairman, as the case may be, accordingly.

    (4)     An appointment:

        (a)     under subregulation (1) may allow the member to nominate another person, being a person of a class that is specified in the instrument of appointment, to be a member in the place of the member; or

        (b)     under subregulation (2) may allow the Chairman to nominate another person, being a person of a class that is specified in the Chairman's instrument of appointment, to be the Chairman in the place of the Chairman,

and a person so nominated shall be the member or the Chairman, as the case may be, accordingly, for the period for which the person was nominated.

    (5)     At a meeting of a Procurement Review Board 3 members shall constitute a quorum.

    (6)     Except to the extent specified in an instrument of appointment under subregulation (1) or (2), the procedures of the Procurement Review Board shall be as determined by the Chairman.

    (7)     The functions of a Procurement Review Board are, subject to section 11 of the Act:

        (a)     to review all proposed procurement activity for tier four and tier five supplies;

        (b)     to review all tenders and public tender recommendations referred to it;

        (c)     to review all requests for exemption from the requirement to publicly invite tenders for tier four or tier five supplies;

        (d)     to review all recommendations for prequalifying and preselecting suppliers;

        (e)     to consider and, where it thinks appropriate or as directed by the Minister, give its approval for the acceptance of tenders referred to in regulation 5(2);

        (g)     to approve the obtaining of supplies under an existing contract between a supplier and the Commonwealth, a State or another Territory of the Commonwealth; and

        (h)     to determine the eligibility of suppliers to enter into contracts with the Territory.

    (8)     A Procurement Review Board has such powers as are necessary to enable it to carry out its functions.



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