Public Works Tender Board Amendment Order 2002

Public Works Tender Board Amendment Order 2002

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.

9 September 2002

G. S. M. Green

Governor

By His Excellency's Command,

David Crean

Treasurer

1.   Short title

This order-in-council may be cited as the Public Works Tender Board Amendment Order 2002 .

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 of the Principal Order is amended as follows:

(a) by omitting the definition of Minister from subclause (1) ;

(b) by inserting the following definition after the definition of secretary in subclause (1) :

State government policy means a policy approved or applied by a Government department or State authority as defined in the State Service Act 2000 ;

(c) by inserting the following definition after the definition of tender in subclause (1) :

tender guidelines means the guidelines developed and published under clause 8A ;

(d) by omitting the definition of works from subclause (1) and substituting the following definition:

works includes the provision by a person lodging a tender of all materials, carriage, labour, tools and other things necessary for the proper execution and completion of a proposed contract for –

(a) the construction of buildings; or

(b) the construction of roads, bridges or causeways; or

(c) a matter that the Treasurer has referred to the Board; or

(d) any maintenance, services or installations associated with paragraph (a) , (b) or (c) .

(e) by omitting from subclause (3) "Minister for Finance" and substituting "Treasurer".

5.    Clause 8 amended (Functions of Board)

Clause 8 of the Principal Order is amended as follows:

(a) by omitting from subclause (1)(a) "guidelines published by the Board" and substituting "tender guidelines";

(b) by omitting from subclause (1)(b)(i) "Minister responsible for the Board" and substituting "Treasurer";

(c) by omitting from subclause (1)(b)(ii) "Minister responsible for the Board" and substituting "Treasurer";

(d) by omitting subclause (2) .

6.    Clause 8A inserted

After clause 8 of the Principal Order , the following clause is inserted:

8A.   Tender guidelines

(1)  The Board must develop and publish guidelines for competitive and efficient tendering.

(2)  Without limiting the generality of subclause (1) , the guidelines may –

(a) adopt or incorporate any State government policy that the Board considers relevant to the tender process; and

(b) adopt or incorporate any code of conduct or practice that the Board considers relevant to the tender process; and

(c) provide guidance to agencies on policy and best practice standards for the detailed procedures leading into, during and following the tender process.

(3)  A State government policy or a code of conduct or practice may be adopted or incorporated with or without modification and either as in force at a particular date or from time to time.

7.    Clause 18 amended (Review of tenders)

Clause 18 of the Principal Order is amended by omitting paragraph (a) and substituting the following paragraph:

(a) compliance with the tender guidelines;

8.    Clause 22 amended (Acceptance or rejection of a tender)

Clause 22(2)(a) of the Principal Order is amended by inserting after subparagraph (iii) the following subparagraph:

(iv) likely not to comply with the tender guidelines; or

9.   Substitutions

Each of the provisions of the Principal Order specified in Column 1 of Schedule 1 is amended by omitting "Minister" on the number of occurrences specified in Column 2 of that Schedule and substituting "Treasurer".

10.   Substitutions

Each of the provisions of the Principal Order specified in Column 1 of Schedule 2 is amended by omitting "is to" on the number of occurrences specified in Column 2 of that Schedule and substituting "must".

SCHEDULE 1 - Substitutions

Clause 9

SCHEDULE 2 - Substitutions

Clause 10

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

Notified in the Gazette on 18 September 2002

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 –

(a) by allowing the Public Works Tender Board to –

(i) accept work referred to it by the Treasurer; and

(ii) include relevant State government policies within its tender guidelines; and

(iii) consider those guidelines when reviewing, accepting or rejecting tenders; and

(b) updating certain references.