New South Wales Consolidated Acts

CEMETERIES AND CREMATORIA ACT 2013 - SECT 88

88 Invitations for tenders

(1) If it is disclosed to the members of a trust board, or they have reason to believe, that a member of the board has or may have a direct or indirect material personal interest in a proposed contract with the trust--

(a) the board must, by notice that complies with the requirements in subsection (2), invite tenders for the proposed contract, and

(b) must not enter into the proposed contract unless satisfied that, in all the circumstances of the case, none of the tenders submitted is more advantageous than the proposed contract.

(2) The notice inviting tenders must--

(a1) be published in the Gazette and in--

(i) a newspaper circulating throughout the State, or

(ii) a manner approved in writing by the Minister having regard to the object of bringing notices of that kind to the attention of persons who may be interested in submitting tenders for the relevant contracts, and

(a) set out the nature of the work or services to be performed or the goods to be supplied under the contract, and

(b) invite persons willing to perform the work or services or supply the goods to submit tenders on or before a specified date (at least 21 days after publication of the notice) to the trust.

(3) This section does not apply in the case of an emergency.

(4) A contravention of this section does not invalidate any decision of the trust board.