Western Australian Current Acts

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PROCUREMENT ACT 2020 - SECT 31

31 .         Regulatory action following investigation or audit or judicial or investigative proceedings

        (1)         This section applies if the Department CEO is satisfied that a State agency has not complied with this Act following —

            (a)         an investigation or audit under this Part; or

            (b)         the proceedings of any court, tribunal or investigative body.

        (2)         The Department CEO may take any one or more of the following actions —

            (a)         give the State agency written notice of its failure to comply with this Act, detailing the measures required for compliance and the period within which those measures are required to be taken;

            (b)         publish in the annual report of the accountable authority of the Department under the Financial Management Act 2006 Part 5 the name of the State agency and the manner in which the State agency has failed to comply with this Act;

            (c)         take action available to the Department CEO under this Act (or recommend that the Minister take action available to the Minister) to —

                  (i)         further regulate the procurement activities of the State agency; or

                  (ii)         require any of those procurement activities to be undertaken by the Department CEO or other person or body on behalf of the State agency;

            (d)         refer the matter (and information about the matter) to a relevant body or officer.

        (3)         This section does not limit —

            (a)         action that may be taken under this Act or any other written law for any non-compliance; or

            (b)         the preparation or publication of any report on compliance or non-compliance by the Department CEO under this Act or any other written law.



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