Queensland Numbered Acts

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MINING AND OTHER LEGISLATION AMENDMENT ACT 2013 No. 10 - SECT 167

167 Amendment of s 40 (Provisions for preferred tenderers)

(1) Section 40(2), from 'appoint'—

omit, insert—

'revoke the tenderer's appointment as the preferred tenderer.'.

(2) Section 40—

insert—

'(3) However, before acting under subsection (2), the Minister must give the preferred tenderer a reasonable opportunity to provide reasons for, and rectify, the tenderer's failure to comply with a requirement under subsection (1) or (2)(b).

'(4) If the Minister revokes the appointment of the tenderer as the preferred tenderer under this section, the Minister may—

(a) retain the whole or part of any tender security given by the tenderer, if the Minister considers it reasonable in the circumstances; and
(b) appoint another tenderer to be the preferred tenderer.'.


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