Queensland Numbered Acts Queensland Numbered ActsSections 42 to 46--
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'(1) The council must adopt, by resolution, a procurement plan for each of its financial years.
'(2) The resolution must be passed before the adoption of the council's budget for the financial year to which the procurement plan relates.
'(3) If the council has made a corporate plan, the procurement plan must be consistent with, and support, the achievement of the strategic directions stated in the corporate plan.
'(4) The procurement plan must state--
(a) the types of procurement activities proposed for the financial year; and
(b) how the procurement principles are to be applied for the activities; and
(c) how the application of the principles will be measured; and
(d) a policy about proposed delegations for the activities; and
(e) a policy about the making of the council's significant procurement activity plans;2 and
(f) a market assessment for each of the activity types; and
(g) any of the activities (a significant procurement activity) that the council considers will be significant.
'(5) In considering whether any of the activities are a significant procurement activity, the council must have regard to the market assessment.
'(6) The market assessment must consist of a profile of the relative expenditure and difficulty in securing supply of the activity type assessed.
'The council may, by resolution, amend its procurement plan at any time before the end of the financial year to which it relates.
'The council must--
(a) keep its procurement plan open to inspection; and
(b) make copies available for purchase at its public office at a price not more than the cost to it of producing the copy and, if a copy is supplied to a purchaser by post, the cost of the postage.
'(1) If the council's procurement plan states any significant procurement activities, the council must make a plan (a significant procurement activity plan) for each of the activities before it starts.
'(2) A significant procurement activity plan must state--
(a) its objectives, and how they will be achieved; and
(b) any alternative ways of achieving the objectives, and why the alternative ways were not adopted; and
(c) a risk analysis of the market from which the relevant goods or services are to be procured.
'(3) The objectives must be consistent with the council's procurement plan.
'(4) The council may amend a significant procurement activity plan at any time before the end of the financial year to which it relates.
'(1) The council must prepare a manual of procedures for how it carries out its procurement activities.
'(2) The manual must--
(a) apply the procurement principles; and
(b) be consistent with the council's procurement plan.
'(1) The council must adopt, by resolution, an asset disposal plan for its designated disposal activities for each of its financial years.
'(2) The asset disposal plan must--
(a) comply with section 46B; and
(b) if the council has made a corporate plan--be consistent with, and support, the achievement of the strategic directions stated in the corporate plan.
'(3) The resolution must be passed before the adoption of the council's budget for the financial year to which the asset disposal plan relates.
'(1) An asset disposal plan must state each of the following--
(a) the types of designated disposal activities proposed for the financial year to which it relates;
(b) the principles and strategies for carrying out the activities;
(c) how the application of the principles will be measured;
(d) the outcomes proposed to be achieved from carrying out the activities;
(e) any of the activities (a significant designated disposal activity) that the council considers will be significant.
'(2) In considering whether any of the activities are a significant designated disposal activity, the council must have regard to the matters mentioned in subsection (1)(a) to (d).
'The council may, by resolution, amend its asset disposal plan at any time before the end of the financial year to which it relates.
'The council must--
(a) keep its asset disposal plan open to inspection; and
(b) make copies available for purchase at its public office at a price not more than the cost to it of producing the copy and, if a copy is supplied to a purchaser by post, the cost of the postage.
'(1) If the council's asset disposal plan states any significant designated disposal activities, the council must make a plan (a significant disposal activity plan) for each of the activities before it starts.
'(2) A significant disposal activity plan must state--
(a) the objectives of the activity that the plan is for;
(b) how the objectives support the asset disposal plan;
(c) how the objectives are to be achieved;
(d) how achievement of the objectives will be measured;
(e) any alternative ways of achieving the objectives, and why the alternative ways were not adopted;
(f) proposed contractual arrangements for the activity; and
(g) a risk analysis of the market in which the relevant assets are to be disposed of.
'(3) The objectives must be consistent with the council's asset disposal plan.
'(4) The council may amend any of its significant disposal activity plans at any time before the end of the financial year to which it relates.
'(1) The council must prepare a manual of procedures for how it disposes of its non-current assets.
'(2) The manual must--
(a) include a policy about how the council deals with its non-current assets that have a value of less than the amount set under section 39G(3); 3 and
(b) be consistent with the council's asset disposal plan.
'In this subdivision, land includes an interest in land.
'(1) The council may dispose of land only by auction or after inviting tenders.
'(2) The tender invitation must--
(a) be by an advertisement in a newspaper circulating generally in the council's area; and
(b) allow at least 7 days from the day of the advertisement for the submission of tenders.
'(3) This section is subject to section 46I.
'(1) The council may dispose of land without complying with section 46H if--
(a) the disposal is to--
(i) the State; or
(ii) a government entity under the Government Owned Corporations Act 1993; or
(iii) a local government owned corporation under the Local Government Act 1993; or
(iv) another local government; or
(v) a community organisation; or
(vi) another Australian government, an entity of another Australian government or a local government of another State or a Territory; or
(b) if the land would not be rateable land after the disposal; or
(c) the land was previously offered for sale under the section and was not sold; or
(d) the council resolves that it is of the opinion that it is in the public interest that the land be disposed of without an auction or inviting tenders.
'(2) If subsection (1)(c) applies, the land must not be sold for less than the highest bid or tender received.
'(3) A resolution under subsection (1)(d)--
(a) must state reasons for the opinion expressed in it; and
(b) may relate to a particular disposal or a type of disposal; and
(c) if the resolution relates to a type of disposal--expires 1 year after it is made.
'(4) In this section--
community organisation means an entity that is a non-profit entity or otherwise exists for a public purpose.
'(1) This section applies if--
(a) the council invites tenders for a contract for the disposal of land; and
(b) the invitation states that the council might later invite all tenderers to change their tenders.
'(2) Before making a decision on the tenders, the council may invite all the persons who have submitted a tender to change their tender to take account of a change in the tender specifications.
'(1) If the council decides to accept a tender for a contract for the disposal of land, it must accept the tender most advantageous to it.
'(2) However, the council may decide not to accept any tender available to it.'.