Public Works Tender Board Amendment Order 2004


Tasmanian Crest
Public Works Tender Board Amendment Order 2004

I, the Lieutenant-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.

15 November 2004

W. J. E. Cox

Lieutenant-Governor

By His Excellency's Command,

P. A. Lennon

Treasurer

1.   Short title

This order-in-council may be cited as the Public Works Tender Board Amendment Order 2004 .

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 Department from subclause (1) ;
(b) by omitting subclause (3) .

5.    Clause 6 amended (Constitution of Board)

Clause 6(1) of the Principal Order is amended by omitting "Treasurer" and substituting "Minister".

6.    Clause 8 amended (Functions of Board)

Clause 8 of the Principal Order is amended as follows:
(a) by omitting from subclause (1)(b)(i) "Treasurer" and substituting "Minister";
(b) by omitting from subclause (1)(b)(ii) "Treasurer" and substituting "Minister";
(c) by omitting from subclause (3) "Treasurer" and substituting "Minister".

7.    Clause 9 amended (Complaints)

Clause 9 of the Principal Order is amended as follows:
(a) by omitting from paragraph (b) "Treasurer" and substituting "Minister";
(b) by omitting from paragraph (c) "Treasurer" and substituting "Minister".

8.    Clause 10 amended (Remuneration of members)

Clause 10 of the Principal Order is amended as follows:
(a) by omitting from subclause (1) "Treasurer" and substituting "Minister";
(b) by omitting from subclause (2) "Treasurer" and substituting "Minister".

9.    Clause 12 amended (Vacation of office)

Clause 12(d) of the Principal Order is amended by omitting " Mental Health Act 1953 in a hospital within the meaning of section 3(1) " and substituting " Mental Health Act 1996 in a hospital within the meaning of section 3 ".

10.    Clause 16 amended (Secretary to Board)

Clause 16(1) of the Principal Order is amended by omitting "Governor" and substituting "Secretary of the Department of Treasury and Finance".

11.    Clause 19 amended (Recommendation to Minister)

Clause 19 of the Principal Order is amended as follows:
(a) by omitting from paragraph (b) "Treasurer" and substituting "Minister";
(b) by omitting from paragraph (c) "Treasurer" and substituting "Minister".

12.    Clause 20 amended (Urgent or exceptional works)

Clause 20 of the Principal Order is amended as follows:
(a) by omitting from subclause (1) "Treasurer" and substituting "Minister";
(b) by omitting from subclause (2) "Treasurer" and substituting "Minister".

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

Clause 22(2)(g) of the Principal Order is amended by omitting "Treasurer" and substituting "Minister".

14.    Clause 23 amended (Schedule of tenders)

Clause 23(3) of the Principal Order is amended by omitting "Treasurer" and substituting "Minister".

15.    Clause 25 inserted

After clause 24 of the Principal Order , the following clause is inserted:

25.   Administration of order

Until provision is made in relation to this order by order under section 4 of the Administrative Arrangements Act 1990  –
(a) the administration of this order is assigned to the Minister for Finance; and
(b) the department responsible to that Minister in relation to the administration of this order is the Department of Treasury and Finance.

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

Notified in the Gazette on 24 November 2004

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 by –
(a) providing for the administration of the order to be dealt with under the Administrative Arrangements Act 1990; and
(b) amending the provision relating to the appointment of the secretary of the Board; and
(c) making minor consequential amendments; and
(d) effecting minor statute law revision.