Public Sector Employment and Management Act 2002 No 43
Current version for 18 March 2013 to date (accessed 20 May 2013 at 08:52)
Chapter 7Part 7.3

Part 7.3 Objectives and functions of Board

144   Objectives of Board

The objectives of the Board are as follows:
(a)  to develop and implement a Government-wide strategic approach to procurement,
(b)  to ensure best value for money in the procurement of goods and services by and for government agencies,
(c)  to improve competition and facilitate access to Government procurement business by the private sector, especially by small and medium enterprises and regional enterprises,
(d)  to reduce administrative costs for government agencies associated with procurement,
(e)  to simplify procurement processes while ensuring probity and fairness.

145   Functions of Board

(1)  The Board has the following functions:
(a)  to oversee the procurement of goods and services by and for government agencies,
(b)  to develop and implement procurement policies,
(c)  to issue directions to government agencies under section 148,
(d)  to monitor compliance by government agencies with the requirements of this Chapter (including Board directions),
(e)  to investigate and deal with complaints about the procurement activities of government agencies,
(f)  to develop appropriate procurement and business intelligence systems for use by government agencies,
(g)  to collect, analyse and publish data and statistics in relation to the procurement of goods and services by and for government agencies,
(h)  such other functions as are conferred or imposed on the Board by or under this or any other Act.
(2)  The Board has power to do all things necessary or convenient to be done for, or in connection with, the exercise of its functions.
(3)  The Board is to exercise its functions in accordance with any applicable Government-wide procurement policies.

146   Competitive neutrality in tendering

(1)  The Board has the function of ensuring compliance by public authorities of the State with competitive neutrality principles referred to in the Competition Principles Agreement made on 11 April 1995 by the Commonwealth, the Territories and the States, as in force for the time being.
(2)  The regulations may make further provision for and with respect to the Board’s function under this section.
(3)  A person who contravenes a provision of the regulations made under this section that is specified for the purposes of this section is guilty of an offence.

Maximum penalty: 100 penalty units or imprisonment for 6 months, or both.

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