Public Bodies Contracts Act 1959

1: Short Title
This Act may be cited as the Public Bodies Contracts Act 1959.
2: Interpretation
1: In this Act, unless the context otherwise requires, public body
a: every public body of any of the classes for the time being specified in Part 1
b: every public body for the time being specified in Part 2
2: The Governor-General may from time to time, by Order in Council, amend Schedule 1
3: If, by any Order in Council under subsection (2), the name of any class of public body or the name of any specified public body is added to Schedule 1
4: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2 replaced 1 July 2003 section 262 Local Government Act 2002 Section 2(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
3: Mode of contracting by public bodies
1: Any contract which, if made by private persons, must be by deed shall, if made by a public body, be in writing and,—
a: if made by a public body which is a body corporate, shall be made under the seal of the public body:
b: if made by a public body which is the governing authority of a body corporate, shall be made under the seal of the Corporation:
c: if made by a public body whose functions are exercised by any other public body which is a body corporate or is the governing authority of a body corporate, shall be made under the seal of that other public body or under the seal of the Corporation, as the case may be.
2: Any contract which, if made by private persons, must be in writing signed by the persons to be charged therewith shall, if made by a public body,—
a: be made in the manner specified in subsection (1) as in the case of a deed; or
b: be signed by any member or officer of the public body on behalf of and by authority of the public body; or
c: in any case where the functions of the public body are exercised by any other public body, be signed by any officer of either public body or any member of that other public body, acting in each case on behalf of and by authority of the first-mentioned public body.
3: Any contract which, if made by private persons, may be made orally may be made in the manner specified in subsection (1) as in the case of a deed, or in the manner specified in subsection (2) as in the case of a contract required to be in writing, or may be made orally by or on behalf of a public body—
a: by any member or officer of the public body acting by authority of the public body; or
b: in any case where the functions of the public body are exercised by any other public body, by any officer of either public body or any member of that other public body, acting in each case by authority of the first-mentioned public body,— but no oral contract shall be made for any sum exceeding $1,000
4: Notwithstanding anything in the foregoing provisions of this section, no contract made by or on behalf of a public body shall be invalid by reason only that it was not made in the manner provided by this section, if it was made pursuant to a resolution of the public body or to give effect to a resolution of the public body in relation to contracts generally or in relation to that particular contract. Section 3(3) amended 9 October 1975 Public Bodies Contracts Amendment Act 1975
4: Delegation of power to enter into contracts
1: A public body may from time to time, by resolution, delegate to any standing or special committee appointed by it and consisting of 2 or more persons or to any officer or officers of the public body, whether by name or as the holder or holders for the time being of any specified office or offices, the power of the public body to enter into any specified contract or into contracts of any specified description, subject to the limits as to amount specified in the resolution.
2: Any committee or officer or officers to which or to whom any power of entering into a contract is delegated under the provisions of this section may, without confirmation by the public body, exercise that power in like manner and with the same effect as the public body could itself have exercised it.
3: Any committee or officer or officers entering into any contract , to which this subsection applies,
3A: Subsection (3) applies to all contracts entered into by a committee, officer, or officers except those contracts which the public body has, by resolution conforming with this subsection, determined, either generally or in any particular case, need not be reported back to it by the committee, officer, or officers. The public body may so resolve in respect of any contract for not more than such fraction as it thinks fit (but not exceeding one half) of the amount specified under subsection (1) as the limit of the delegated power of a committee, officer, or officers.
4: Every delegation under this section shall be revocable by the public body at will, and no such delegation shall prevent the exercise of any power by the public body. Section 4(3) amended 9 October 1975 Public Bodies Contracts Amendment Act 1975 Section 4(3A) inserted 9 October 1975 Public Bodies Contracts Amendment Act 1975
5: Amendments and repeals
1: The enactments specified in Schedule 2
2: The enactments specified in Schedule 3