Local Government (General) Amendment Regulations 2006


Tasmanian Crest
Local Government (General) Amendment Regulations 2006

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Local Government Act 1993 .

29 May 2006

W. J. E. COX

Governor

By His Excellency's Command,

P. A. LENNON

Minister for Local Government and Community Development

1.   Short title

These regulations may be cited as the Local Government (General) Amendment Regulations 2006 .

2.   Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

3.   Principal Regulations

In these regulations, the Local Government (General) Regulations 2005 are referred to as the Principal Regulations.

4.    Regulation 23 amended (Public tenders)

Regulation 23 of the Principal Regulations is amended as follows:
(a) by omitting subregulation (1) and substituting the following subregulations:
(1)  For the purpose of section 333A(1) of the Local Government Act 1993 the prescribed amount is $100 000 (excluding GST).
(1A)  A tender is to be publicly invited by one of the following:
(a) an open tender under regulation 24 ;
(b) a multiple-use register under regulation 25 ;
(c) a multiple-stage tender under regulation 26 .
(b) by omitting from subregulation (5) "at or above $50 000, excluding GST" and substituting "at or exceeding the amount prescribed under subregulation (1)".

5.    Regulation 24 amended (Open tenders)

Regulation 24(3)(f) of the Principal Regulations is amended by omitting "code of tendering" and substituting "code relating to tenders and contracts".

6.    Regulation 28 amended (Code for tenders and contracts)

Regulation 28 of the Principal Regulations is amended as follows:
(a) by omitting from paragraph (h) "$50 000" and substituting "$100 000";
(b) by omitting from paragraph (i) "$50 000" and substituting "$100 000".

7.    Regulation 44 amended (Prescribed newspapers)

Regulation 44 of the Principal Regulations is amended by omitting "For the purpose of section 72B of the Act" and substituting "For the purposes of section 72B of the Act and regulations 7(2) and 13(6) of the Local Government (Meeting Procedures) Regulations 2005".

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

Notified in the Gazette on 7 June 2006

These regulations are administered in the Department of Premier and Cabinet.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Local Government (General) Regulations 2005 by –
(a) increasing the tendering threshold for contracts for the provision of goods or services to local government with the result that a council is now only required to invite tenders for such a contract if the goods or services concerned are valued at or above $100,000 exclusive of GST; and
(b) making minor miscellaneous and consequential amendments.