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LOCAL GOVERNMENT REGULATION 2012 - REG 234
Exception for LGA arrangement
(1) A local government may enter into a contract for goods and services
without first inviting written quotes or tenders if the contract is entered
into under an LGA arrangement.
(2) An
"LGA arrangement" is an arrangement that— (a) has been entered into by—
(i) LGAQ Ltd.; or Note— See section 287 of the Act .
(ii) a company (the
"associated company" ) registered under the Corporations Act , if LGAQ Ltd. is
its only shareholder; and
(b) if LGAQ Ltd. or the associated company were a
local government, would be either— (i) a contract with an
independent supplier entered into under section 232 by LGAQ Ltd. or the
associated company; or
(ii) a contract with an independent supplier entered
into under a preferred supplier arrangement under section 233 .
(3) An
"independent supplier" is an entity other than a subsidiary (a
"relevant subsidiary" ) of LGAQ Ltd. or the associated company under the
Corporations Act .
(4) Despite subsection (2) (b) , an
"LGA arrangement" may include a contract with a relevant subsidiary from a
register of pre-qualified suppliers or a preferred supplier arrangement with a
relevant subsidiary if the arrangement is approved by the Minister.
(5) For
deciding whether to approve an LGA arrangement under subsection (4) , the
Minister— (a) must have regard to the sound contracting principles; and
(b)
may ask LGAQ Ltd. or the associated company to give the Minister information
or documents relevant to the arrangement. Examples of relevant information or
documents— • information or documents relating to assessment of the
relevant subsidiary’s suitability to be on the register of pre-qualified
suppliers or the tender process for the preferred supplier arrangement
•
information or documents relating to the potential impact of the arrangement
on local government employees
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