Procurement Regulations 1995 (NT)
NORTHERN TERRITORY OF AUSTRALIA
PROCUREMENT REGULATIONS 1995
As in force at 27 November 2019
NORTHERN TERRITORY OF AUSTRALIA
As in force at 27 November 2019
PROCUREMENT REGULATIONS 1995
Regulations under the Procurement Act 1995
These Regulations may be cited as the
In these Regulations:
(1) A person shall requisition supplies for the Territory on a form approved by the Accountable Officer.
(2) A requisition under subregulation (1) shall be approved by the Accountable Officer.
(3) Before the Accountable Officer approves a requisition under subregulation (2), the requisition shall be endorsed as to the availability of funds sufficient to procure the supplies specified in the requisition.
Before incurring expenditure on tier two supplies, the Accountable Officer must obtain written quotes for the supplies from at least 3 established suppliers unless a certification of exemption under regulation 8 authorises otherwise.
(1) Before incurring expenditure on tier three, tier four or tier five supplies, the Accountable Officer must invite tenders for the supplies.
(2) The tenders must be public tenders unless a certificate of exemption under regulation 8 authorises otherwise.
(1) A Procurement Review Board established under section 6 of the Act shall consist of not less than 3 members appointed by the Minister.
(2) The Minister may appoint a member of a Procurement Review Board to be the Chairperson of the Board.
(3) An appointment under subregulation (1) or (2) may be by reference to a particular statutory office or an office under the
Public Sector Employment and Management Act 1993 and, where such an appointment is made, a person holding for the time being or from time to time that office or performing the duties of that office shall be the member or the Chairperson, as the case may be, accordingly.(4) An appointment:
(a) under subregulation (1) may allow the member to nominate another person, being a person of a class that is specified in the instrument of appointment, to be a member in the place of the member; or
(b) under subregulation (2) may allow the Chairperson to nominate another person, being a person of a class that is specified in the Chairperson’s instrument of appointment, to be the Chairperson in the place of the Chairperson,
and a person so nominated shall be the member or the Chairperson, as the case may be, accordingly, for the period for which the person was nominated.
(5) At a meeting of a Procurement Review Board 3 members shall constitute a quorum.
(6) Except to the extent specified in an instrument of appointment under subregulation (1) or (2), the procedures of the Procurement Review Board shall be as determined by the Chairperson.
(1) The functions of a Procurement Review Board are:
(a) to determine appeals in relation to the eligibility or admissibility of a quote or tender in accordance with the procurement directions; and
(b) to review or audit an Agency’s procurement procedures or procurement activity; and
(c) to advise the Minister, the Agency or any other person in relation to procurement procedures or procurement activity in an Agency.
(2) The Procurement Review Board has the powers necessary or convenient to perform its functions.
(1) If supplies are available to the Territory under an across government contract, the supplies must be obtained under the contract unless the Accountable Officer otherwise directs.
(2) Where supplies are available to the Territory under an existing contract between a supplier and the Commonwealth, a State or another Territory of the Commonwealth, the supplies may be obtained subject to Procurement Review Board approval.
(1) The Minister may issue a certificate of exemption for specified supplies or supplies of a specified class, irrespective of the value of the supplies.
(2) An Accountable Officer may issue a certificate of exemption for tier two, tier three, tier four or tier five supplies.
(4) In this regulation:
certificate of exemption means an exemption from a requirement under regulation 4 or 5.
An order for supplies shall:
(a) be in the form approved by the Accountable Officer;
(b) be signed by the Accountable Officer; and
(c) contain details of the supplies specified in the requisition made under regulation 3.
(1) The Accountable Officer must publish details of a contract for a supply on the Territory Government website.
(2) However, publication is not required if:
(a) the supply is a tier one supply; or
(b) the supply is provided by the Territory, Commonwealth or a State or another Territory; or
(c) the supply is obtained under an existing contract; or
(d) the Minister is satisfied publication is contrary to the public interest.
ENDNOTES 1 KEY
Key to abbreviations
amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION
Notified | 10 May 1995 |
Commenced | 10 May 1995 |
Notified | 21 June 2000 |
Commenced | 21 June 2000 |
Notified | 8 August 2001 |
Commenced | 8 August 2001 |
Notified | 1 March 2006 |
Commenced | 1 March 2006 (r 3) |
Notified | 18 October 2006 |
Commenced | 18 October 2006 |
Notified | 31 October 2007 |
Commenced | 31 October 2007 |
Notified | 30 March 2009 |
Commenced | 30 March 2009 |
Notified | 28 June 2012 |
Commenced | 1 July 2012 (r 2) |
Notified | 20 March 2013 |
Commenced | 20 March 2013 |
Notified | 1 July 2014 |
Commenced | 1 July 2014 |
Notified | 27 November 2019 |
Commenced | 27 November 2019 |
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the
4 LIST OF AMENDMENTS amdNo.40,2001,r1;No.9,2006,r4;No.7,2009,r3;No.26,2012,r4; r 2 No. 18, 2014, r 3; No. 28, 2019, r 4
r 4 sub No. 24, 2000, r 1
amd No. 9, 2006, r 5; No. 32, 2006, r 3
sub No. 7, 2009, r 4
amd No. 26, 2012, r 5; No. 18, 2014, r 4
sub No. 28, 2019, r 5
r 5 sub No. 9, 2006, r 6
amd No. 32, 2006, r 4
sub No. 34, 2007, r 3
amd No. 7, 2009, r 5; No. 26, 2012, r 6; No. 18, 2014, r 5; No. 28, 2019, r 6
r 6 amd No. 40, 2001, r 2; No. 9, 2006, r 7; No. 26, 2012, r 7; No. 18, 2014, r 6;
No. 28, 2019, r 7
r 6A ins No. 18, 2014, r 7
r 7 amd No. 9, 2006, r 8
r 8 amd No. 24, 2000, r 2
sub No. 9, 2006, r 9
amd No. 32, 2006, r 5
sub No. 34, 2007, r 4
amd No. 7, 2009, r 6; No. 26, 2012, r 8; No. 18, 2014, r 8; No. 28, 2019, r 8
r 10 amd No. 9, 2006, r 10
sub No. 7, 2009, r 7
amd No. 4, 2013, r 3
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