Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulations(1) The responsible chief executive officer for a territory entity may, in writing, exempt the entity from a requirement mentioned in section 6, 7, 8 or 9 for a particular procurement proposal.
Note 1 Responsible chief executive officer —see the Act, dictionary.
Note 2 For a chief executive officer's power of delegation, see the Public Sector Management Act 1994 , div 3.5.
(2) However, the responsible chief executive officer may exempt the entity only if satisfied, on reasonable grounds, that the benefit of the exemption outweighs the benefit of compliance with the requirement.
Examples—when exemption may be given
1 only 1, or a limited number of, suppliers is available because of a need to buy equipment that is compatible with existing equipment, or because of a supplier's specialist knowledge
2 only 1 supplier can supply a particular good or service
3 standardisation of a product is agreed after public tenders are called for the original equipment
4 the time within which a particular procurement activity must be completed prevents public tenders being called.
Note An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(3) If the responsible chief executive officer exempts an entity, the chief executive officer may, in writing, direct the entity to do 1 or more of the following:
(a) seek a stated kind or number of quotations for the procurement;
(b) invite a tender from a stated supplier for the procurement.
(4) An exemption must state—
(a) the procurement proposal to which it applies; and
(b) the responsible chief executive officer's reasons for giving the exemption; and
(c) any direction to
which it is subject under subsection (3).
Part 3 Miscellaneous