Australian Capital Territory Numbered Acts

GOVERNMENT PROCUREMENT AMENDMENT ACT 2003 (NO. 22 OF 2003) - SECT 6

insert

19A     Constitution of board

    (1)     Business may be carried out at a meeting of the board only if 4 members are present, including 1 non-public employee member.

    (2)     However, the review of a prescribed procurement proposal may be carried out at a meeting of the board consisting of—

        (a)     the chairperson and 1 non-public employee member; or

        (b)     the chairperson, 1 non-public employee member and 1 other member; or

        (c)     2 public employee members and 1 non-public employee member.

Note     The board's functions include reviewing procurement and disposal proposals of Territory entities in accordance with the procurement guidelines (see  s 6 (f)).

    (3)     Subsection (2) does not apply to a prescribed procurement proposal if—

        (a)     the chairperson gives a direction that the subsection does not apply to the proposal; or

        (b)     a member tells the chairperson that the member objects to the proposal being reviewed by the board as constituted under the subsection.

    (4)     In this section:

"prescribed procurement proposal" means a particular procurement proposal or a particular kind of procurement proposal approved, in writing, by the chairperson for subsection (2).

"procurement proposal" means a proposal by a Territory entity for—

        (a)     the procurement of goods, services and works; or

        (b)     the disposal of goods and works.