Australian Capital Territory Numbered Acts

GOVERNMENT PROCUREMENT AMENDMENT ACT 2007 (NO. 11 OF 2007) - SECT 18

substitute

    (2)     However, the review of a prescribed procurement matter may be carried out at a meeting of the board consisting of—

        (a)     the chairperson, or the deputy chairperson, and 1 non-public employee member; or

        (b)     2 public employee members and 1 non-public employee member.

Note     The board's functions include reviewing procurement proposals and activities referred to the board by a minister or responsible chief executive officer, and procurement proposals of territory entities in accordance with the regulations (see s 6 (b) and (c)).

    (3)     Subsection (2) does not apply to a prescribed procurement matter if—

        (a)     the chairperson gives a direction that the subsection does not apply to the matter; or

        (b)     a member tells the chairperson that the member objects to the matter being reviewed by the board as constituted under the subsection.

    (4)     In this section:

"prescribed procurement matter" means any of the following that is approved, in writing, by the chairperson for subsection (2):

        (a)     a procurement proposal referred to the board by a Minister or responsible chief executive officer;

        (b)     a procurement activity referred to the board by a Minister or responsible chief executive officer;

        (c)     a procurement proposal referred to the board in accordance with the regulations;

        (d)     a procurement proposal for a procurement matter stated in a declaration under section 22B (Minister may declare procurement matters to be reviewed).

Note     Power to make a statutory instrument includes power to make different provision for different classes (see Legislation Act, s 48).

"procurement proposal "means a proposal by a territory entity for procurement.