PROCUREMENT ACT 1995

NORTHERN TERRITORY OF AUSTRALIA PROCUREMENT ACT 1995 As in force at 30 November 2018 Table of provisions Part 1 Preliminary 1 Short title ......................................................................................... 1 2 Commencement .............................................................................. 1 3 Interpretation ................................................................................... 1 4 Delegation ....................................................................................... 2 5 Exemptions ...................................................................................... 2 Part 2 Procurement 6 Procurement Review Boards ........................................................... 2 7 Requisitions for supplies .................................................................. 2 8 Tender requirements ....................................................................... 2 9 Certificate of exemption relating to inviting tenders ......................... 3 10 Details of certain contracts to be published ..................................... 3 11 Procurement directions .................................................................... 3 Part 3 Miscellaneous 12 Regulations...................................................................................... 3 13 Continuation of Procurement Review Boards .................................. 4 ENDNOTES -- 1 of 7 -- -- 2 of 7 -- NORTHERN TERRITORY OF AUSTRALIA ____________________ As in force at 30 November 2018 ____________________ PROCUREMENT ACT 1995 An Act to provide for the procurement of supplies for the purposes of the Territory and agencies, and for related purposes Part 1 Preliminary 1 Short title This Act may be cited as the Procurement Act 1995. 2 Commencement This Act shall come into operation on the commencement of the Financial Management Act 1995. 3 Interpretation (1) In this Act, unless the contrary intention appears: procurement directions means directions issued under section 11 by the Minister. Procurement Review Board means a Procurement Review Board established or continued in existence by this Act. requisition means an authority to acquire supplies. supplies means a requirement of the Territory or an Agency, including goods, works and services, and consultancies, provided or to be provided to the Territory or Agency. tender means an offer to provide supplies at a stated or calculated price. this Act includes the Regulations. (2) Where a word or expression used in this Act is not defined in this Act but is defined in and for the purposes of the Financial Management Act 1995, then, unless the contrary intention appears, that word or expression has the same meaning in this Act as it has in the Financial Management Act 1995. -- 3 of 7 -- Part 2 Procurement Procurement Act 1995 2 4 Delegation (1) The Minister or a person on whom a power is conferred or a function imposed by this Act may, in writing, delegate to a person or a person from time to time holding or acting in a named office, designation or position the power or function. (2) A power or function delegated under this section, when exercised or performed by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Minister or person who delegated the power or function. (3) A delegation under this section does not prevent the exercise of a power or the performance of a function by the Minister or person who delegated the power or function. 5 Exemptions (1) The Minister may, in writing, exempt an accountable officer from the need to comply with a provision of this Act and, while the exemption remains in force, the accountable officer is not required to comply with the provision. (2) The accountable officer for the Agency administering the Independent Commissioner Against Corruption Act 2017 is exempt from the need to comply with this Act in relation to the acquisition of investigative, legal and audit services. Part 2 Procurement 6 Procurement Review Boards (1) The Minister may, in writing, establish a Procurement Review Board or such number of Procurement Review Boards as the Minister thinks fit for the purposes of this Act. (2) A Procurement Review Board shall be constituted in accordance with this Act. 7 Requisitions for supplies Supplies for the Territory or an Agency shall not be acquired except by a requisition issued in accordance with this Act. 8 Tender requirements Subject to this Act, an Accountable Officer shall ensure that tenders for the acquisition of supplies are called in accordance with this Act. -- 4 of 7 -- Part 3 Miscellaneous Procurement Act 1995 3 9 Certificate of exemption relating to inviting tenders (1) Where the Minister is satisfied that it is inexpedient to invite tenders in accordance with this Act, the Minister may dispense with all or specified requirements of this Act relating to tenders by the issue of a certificate of exemption. (2) Where a certificate of exemption is issued under subsection (1), the requirements or the specified requirements of this Act, as the case may be, need not be complied with. 10 Details of certain contracts to be published The Minister may direct the disclosure of such information in relation to contracts for the procurement of supplies as the Minister thinks fit. 11 Procurement directions (1) The Minister may, from time to time, issue directions with respect to the principles, practices and procedures to be observed in the procurement of supplies by and on behalf of the Territory and Agencies. (2) Subject to this Act, all Accountable Officers and employees shall comply with the procurement directions. Part 3 Miscellaneous 12 Regulations (1) The Administrator may make regulations, not inconsistent with this Act, prescribing all matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) Without limiting the generality of subsection (1), the Regulations may make provision for and in relation to: (a) the establishment, the membership and the powers and functions of Procurement Review Boards; (b) the circumstances in which tendering processes are required or may be dispensed with; -- 5 of 7 -- Part 3 Miscellaneous Procurement Act 1995 4 (c) the responsibility of employees and other persons in the purchasing and procurement process; (d) existing contractual arrangements for supplies; (e) the documentation of orders, exemptions and other supply procedures and the provision of information; and (f) the disclosure of information. 13 Continuation of Procurement Review Boards A Procurement Review Board established under regulation 10A of the Treasury Regulations and in existence immediately before the commencement of this Act shall continue in existence, constituted in the same manner and with the same powers and functions as it then had, as if established under this Act. -- 6 of 7 -- ENDNOTES Procurement Act 1995 5 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 Procurement Act 1995 (Act No. 3, 1995) Assent date 21 March 1995 Commenced 1 April 1995 (s 2, s 2 Financial Management Act 1995 (Act No. 4, 1995) and Gaz S13, 31 March 1995) Independent Commissioner Against Corruption (Consequential and Related Amendments) Act 2018 (Act No. 3, 2018) Assent date 21 February 2018 Commenced 30 November 2018 (s 2, s 2 Independent Commissioner Against Corruption Act 2017 (Act No. 23, 2017) and Gaz S94, 30 November 2018 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 Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 3 and 5. 4 LIST OF AMENDMENTS s 5 amd No. 3, 2018, s 22 -- 7 of 7 --