Public Sector Employment and Management Act 2002 No 43
Current version for 17 May 2013 to date (accessed 25 May 2013 at 04:43)
Chapter 7Part 7.2

Part 7.2 NSW Procurement Board

137   Establishment of NSW Procurement Board

(1)  There is established by this section the New South Wales Procurement Board.
(2)  The Board is a NSW Government agency.
(3)  The Board has the functions conferred or imposed on it by or under this or any other Act.

138   Membership of Board

(1)  The Board is to consist of the following members:
(a)  the Director-General of the Department of Finance and Services,
(b)  the Division Heads of at least 6 of the Divisions of the Government Service specified in Division 1 of Part 1 of Schedule 1, being the Divisions determined by the Minister from time to time.
(2)  The Director-General of the Department of Finance and Services is to be the Chairperson of the Board.
(3)  Schedule 2C contains ancillary provisions relating to the members and procedure of the Board.

139   Ministerial control

(1)  The Board is subject to the direction and control of the Minister in the exercise of its functions.
(2)  Without limiting subsection (1), the Minister may direct the Board to comply with a specified Government-wide procurement policy.
(3)  A copy of any direction given by the Minister to the Board under this section is to be included in its annual report for the year in which the direction was given.

140   Subcommittees of Board

(1)  The Board may establish subcommittees to assist the Board in connection with the exercise of any of its functions.
(2)  The subcommittees may have members who are not members of the Board.
(3)  The procedure for calling meetings of a subcommittee and for the conduct of those meetings is to be as determined by the Board or (subject to any determination of the Board) by the subcommittee.

141   Advisory groups

The Board may establish advisory groups (comprising members from the public and private sectors) to advise the Board on such matters relating to the procurement of goods and services as are referred by the Board to those advisory groups.

142   Delegation of Board’s functions

(1)  The Board may delegate to an authorised person any of its functions, other than this power of delegation.
(2)  A delegate may subdelegate to an authorised person any function delegated by the Board if the delegate is authorised in writing to do so by the Board.
(3)  In this section, authorised person means any of the following:
(a)  a member of the Board or a subcommittee of the Board,
(b)  a member of staff of a Division of the Government Service,
(c)  a statutory body,
(d)  a statutory officer,
(e)  any other person or body, or person or body of a class, prescribed by the regulations.

143   Annual report of Board

(1)  The Board must, on or before 31 October in each year, prepare and present to the Minister a report of its work and activities for the year ending on the preceding 30 June.
(2)  The Minister must lay the report or cause it to be laid before both Houses of Parliament as soon as practicable after receiving the report.
(3)  The report may be included in any annual report of the Department for which the Minister is responsible.
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