Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If the funding recipient is a State or an authority of a State, the funding recipient must call for public tenders for all work on the funded project, other than:
(a) work that is maintenance of a road or railway; or
(b) work that is to be carried out by a public utility; or
(c) work that the Minister has, by a written exemption relating to the project , exempted from this condition because, in the Minister's opinion:
(i) the work is urgently required because of an emergency; or
(ii) the work is of such a minor nature that the invitation of tenders for the work would involve undue additional cost; or
(iii) the work is of a kind for which it is not practicable to prepare adequate tender specifications; or
(iv) the work is of a kind for which competitive tenders are unlikely to be received; or
(v) the work will contribute to employment in a region ; or
(vi) the cost of the work is less than an amount determined by the Minister by legislative instrument under subsection ( 4) for the purposes of this subparagraph.
(2) The Minister may, in writing, vary or revoke an exemption referred to in paragraph ( 1)(c).
(3) An instrument granting, varying or revoking an exemption referred to in paragraph ( 1)(c) is not a legislative instrument.
(4) The Minister may, by legislative instrument, determine an amount for the purposes of subparagraph ( 1)(c)(vi).