Government Procurement Act 1997 · 2020 Revised Edition · Part 3 · Challenge Proceedings
10. Constitution of Tribunal
Feedback & supportSubject to subsection (2), a challenge proceeding is to be heard and disposed of by the Tribunal consisting of the Commissioner or a Deputy Commissioner designated by the Commissioner.
The Commissioner or a Deputy Commissioner must not hear or dispose of any challenge proceeding if he or she is, directly or indirectly, interested in the procurement in relation to which the proceeding is brought.
Commissioner
“Commissioner” means the Commissioner appointed under section 8(2) and includes an acting Commissioner appointed under section 8(9);
Where the Commissioner has commenced the hearing of a challenge proceeding and is unable through death, illness or other cause to complete the hearing or to dispose of the proceeding —
the acting Commissioner appointed under section 8(9); or
if the acting Commissioner is, directly or indirectly, interested in the procurement in relation to which the proceeding is brought, a Deputy Commissioner designated by the acting Commissioner,must complete the hearing and dispose of the proceeding.
Subject to subsection (2), where a Deputy Commissioner who has commenced the hearing of a challenge proceeding is unable through death, illness or other cause to complete the hearing or to dispose of the proceeding, the Commissioner may designate another Deputy Commissioner to complete the hearing and dispose of the proceeding, or may himself or herself complete the hearing and dispose of the proceeding.
Deputy Commissioner
“Deputy Commissioner” means a Deputy Commissioner appointed under section 8(2);