State Supply Commission Regulations 1991
Reprinted as at 11 October 2002
What the reprint includes
Endnotes, Compilation table
1.Details about the original regulations and legislation that has amended its text are shown in the Compilation table
2.Transitional, savings, or other provisions identified in the Compilation table
3.A table
Notes amongst text (italicised and within square brackets)
1.If the reprint includes a regulation that was inserted, or has been amended, since the regulations being reprinted were made, editorial notes at the foot of the regulation give some history of how the regulation came to be as it is. If the regulation replaced an earlier regulation, no history of the earlier regulation is given (the full history of the regulations is in the Compilation table
Notes of this kind may also be at the foot of Schedules or headings.
2.The other kind of editorial note shows something has been —
•removed (because it was repealed or deleted from the law); or
•omitted under the Reprints Act 1984 s. 7(4) (
The text of anything removed or omitted can be found in an earlier reprint (if there is one) or one of the written laws identified in the Compilation table
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State Supply Commission Regulations 1991
CONTENTS
1.Citation1
1A.Interpretation1
2.Public authorities that are totally exempt from section 19(1)1
3.Partial exemptions2
4.Review of partial exemptions2
5.Consequences of non‑compliance with supply policies3
Schedule 1 — Public authorities4
Notes
Compilation table5
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State Supply Commission Act 1991
State Supply Commission Regulations 1991
These regulations may be cited as the State Supply Commission Regulations 1991 1.
In these regulations —
“accountable officer” of a public authority means the chief executive officer or other officer of that public authority appointed as such under section 52 of the Financial Administration and Audit Act 1985;
“partial exemption
[Regulation 1A inserted in Gazette 9 Feb 1996 p. 500; amended in Gazette 7 May 2002 p. 2318.]
2.Public authorities that are totally exempt from section 19(
The public authorities listed in Schedule 1 are public authorities which for the purpose of section 20 of the Act are totally exempt from section 19(
(1)The Commission must receive from a public authority a written request for the authority to be granted a partial exemption before the Commission grants the authority a partial exemption.
(2)When deciding whether to grant a partial exemption, the extent of a prospective partial exemption, or the conditions on which or the period of time for which a partial exemption will be granted, the Commission shall have regard to —
(a)the public authority’s level of competence in relation to arranging and coordinating the supply of goods and services necessary for the operation of the authority; and
(b)the public authority’s risk management practices.
(3)A public authority that is granted a partial exemption shall manage the supply of goods and services in accordance with the terms and conditions of the exemption.
[Regulation 3 inserted in Gazette 7 May 2002 p. 2318.]
4.Review of partial exemptions
(1)Subject to subregulation (2), the Commission shall review a partial exemption granted to a public authority as provided in the terms and conditions of the exemption.
(2)The Commission may, at any time, review a partial exemption granted to a public authority if the Commission is of the opinion that a review is required.
(3)When reviewing a partial exemption granted to a public authority, the Commission shall have regard to the level of the authority’s compliance with —
(a)supply policies;
(b)directions supplementing supply policies; and
(c)the terms and conditions of the exemption.
[Regulation 4 inserted in Gazette 7 May 2002 p. 2319.]
5.Consequences of non‑compliance with supply policies
Where the Commission is of the opinion that a public authority is not complying with a supply policy or a direction supplementing a supply policy the Commission may, in addition to any action which may be taken under any other enactment, take one or more of the following actions —
(a)give to the public authority notice in writing specifying the manner in which the public authority is failing to comply and —
(i)detailing the measures to be taken by the public authority to comply with the policy or direction; and
(ii)specifying the period within which the measures referred to in subparagraph (i) are to be taken;
(b)require an accountable officer of the public authority to attend at a meeting of the Commission to answer questions or give information relating to the supply procedures of the public authority;
(c)appoint an officer, employee or representative of the Commission to supervise and advise the public authority on its supply procedures and require the public authority to reimburse the Commission for the costs of providing the services of that officer, employee or representative;
(d)publish in the annual report submitted by the accountable authority of the Commission under section 66 of the Financial Administration and Audit Act 1985 the name of the public authority and the manner in which that public authority has failed to comply;
(e)recommend to the Minister that the exemption of the public authority under section 20 of the Act be cancelled.
[Regulation 5 inserted in Gazette 9 Feb 1996 p. 500‑1.]
