Public Works Tender Board Amendment Order 1997

Public Works Tender Board Amendment Order 1997

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, exercising the Royal Prerogative and acting with the advice of the Executive Council, make the following order-in-council.

24 November 1997

G. S. M. GREEN

Governor

By His Excellency's Command,

RONALD CORNISH

Minister for Finance

1.   Short title

This order-in-council may be cited as the Public Works Tender Board Amendment Order 1997 .

2.   Commencement

This order-in-council takes effect on the day on which its making is notified in the Gazette.

3.   Principal Order

In this order-in-council, the Public Works Tender Board Order 1997 is referred to as the Principal Order.

4.   Clause 4 amended (Interpretation)

Clause 4(1) of the Principal Order is amended by inserting before the definition of "Board" the following definition:

Agency has the same meaning as in the Tasmanian State Service Act 1984 ;

5.    Clause 8 amended (Functions of Board)

Clause 8 of the Principal Order is amended as follows:

(a) by omitting subclause (1) and substituting the following subclause:

(1)  The functions of the Board are as follows:

(a) in relation to tendering for a project of up to and including $100 000, or a project covered by a delegation under subclause (3) , to ensure that the agency or Department conducting or awarding the tender complies with the guidelines published by the Board;

(b) in relation to tendering for a project over $100 000, other than a project covered by a delegation under subclause (3)  –

(i) to conduct the tender and make recommendations to the Minister responsible for the Board in relation to the outcome of the tender process; or

(ii) to conduct the tender and, if so authorised by the Minister responsible for the Board, make recommendations to the portfolio Minister on the outcome of the tender process;

(c) the exercise of any other powers and the performance of any other duties as are conferred on it by this order-in-council.

(b) by inserting after subclause (2) the following subclause:

(3)  The Board, with the approval of the Minister, may delegate to an agency or a Department responsibility for the conduct and award of tenders for projects over $100 000 but less than $10 million.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 3 December 1997

This order-in-council is administered in the Department of Treasury and Finance.

EXPLANATORY NOTE

(This note is not part of the order)

This order-in-council amends the Public Works Tender Board Order 1997 to allow the Board to delegate responsibility for the conduct of certain tenders.