Procurement Act 1995

This Act may be cited as the Procurement Act 1995.

This Act shall come into operation on the commencement of the

Financial Management Act 1995.

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.

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.

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.

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.

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

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.

A Procurement Review Board shall be constituted in accordance with this Act.

Supplies for the Territory or an Agency shall not be acquired except by a requisition issued in accordance with this Act.

Subject to this Act, an Accountable Officer shall ensure that tenders for the acquisition of supplies are called in accordance with this Act.

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.

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.

The Minister may direct the disclosure of such information in relation to contracts for the procurement of supplies as the Minister thinks fit.

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.

Subject to this Act, all Accountable Officers and employees shall comply with the procurement directions.

Part 3 Miscellaneous

The Administrator may make regulations, not inconsistent with this Act, prescribing all matters:

required or permitted by this Act to be prescribed; or

necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Without limiting the generality of subsection (1), the Regulations may make provision for and in relation to:

the establishment, the membership and the powers and functions of Procurement Review Boards;

the circumstances in which tendering processes are required or may be dispensed with;

the responsibility of employees and other persons in the purchasing and procurement process;

existing contractual arrangements for supplies;

the documentation of orders, exemptions and other supply procedures and the provision of information; and

the disclosure of information.