{"id":"procurement-regulations-1995","name":"PROCUREMENT REGULATIONS 1995","slug":"procurement-regulations-1995","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177123,"registerId":"nt-procurement-regulations-1995-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"PROCUREMENT REGULATIONS 1995","content":"NORTHERN TERRITORY OF AUSTRALIA\nPROCUREMENT REGULATIONS 1995\nAs in force at 27 November 2019\nTable of provisions\n1 Citation ............................................................................................ 1\n2 Definitions ........................................................................................ 1\n3 Requisitions for supplies .................................................................. 1\n4 Requirements for tier two supplies .................................................. 2\n5 Requirements for tier three, tier four and tier five supplies .............. 2\n6 Procurement Review Board ............................................................. 2\n6A Functions and powers of Procurement Review Board ..................... 3\n7 Government contracts ..................................................................... 3\n8 Certificate of exemption ................................................................... 3\n9 Orders ............................................................................................. 4\n10 Details of certain contracts to be published ..................................... 4\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 27 November 2019\n____________________\nPROCUREMENT REGULATIONS 1995\nRegulations under the Procurement Act 1995\n1 Citation\nThese Regulations may be cited as the Procurement\nRegulations 1995.\n2 Definitions\nIn these Regulations:\nacross government contract means a whole of government or\ncommon use period contract established for supplies used\ncommonly across Agencies.\nAgency Minister, for an Accountable Officer, means the Minister\nadministering the Agency of the Accountable Officer.\ncertificate of exemption means a certificate of exemption issued\nunder regulation 8.\norder means an order issued under regulation 9.\npublic tender means a tender submitted as the result of a public\ninvitation for the submission of tenders.\ntier one, tier two, tier three, tier four or tier five, for supplies,\nmeans supplies with an estimated total value within the range\nspecified in the definition of Tier One, Tier Two, Tier Three,\nTier Four or Tier Five respectively in the procurement directions.\n3 Requisitions for supplies\n(1) A person shall requisition supplies for the Territory on a form\napproved by the Accountable Officer.\n(2) A requisition under subregulation (1) shall be approved by the\nAccountable Officer.\n\nProcurement Regulations 1995 2\n(3) Before the Accountable Officer approves a requisition under\nsubregulation (2), the requisition shall be endorsed as to the\navailability of funds sufficient to procure the supplies specified in the\nrequisition.\n4 Requirements for tier two supplies\nBefore incurring expenditure on tier two supplies, the Accountable\nOfficer must obtain written quotes for the supplies from at least\n3 established suppliers unless a certification of exemption under\nregulation 8 authorises otherwise.\n5 Requirements for tier three, tier four and tier five supplies\n(1) Before incurring expenditure on tier three, tier four or tier five\nsupplies, the Accountable Officer must invite tenders for the\nsupplies.\n(2) The tenders must be public tenders unless a certificate of\nexemption under regulation 8 authorises otherwise.\n6 Procurement Review Board\n(1) A Procurement Review Board established under section 6 of the\nAct shall consist of not less than 3 members appointed by the\nMinister.\n(2) The Minister may appoint a member of a Procurement Review\nBoard to be the Chairperson of the Board.\n(3) An appointment under subregulation (1) or (2) may be by reference\nto a particular statutory office or an office under the Public Sector\nEmployment and Management Act 1993 and, where such an\nappointment is made, a person holding for the time being or from\ntime to time that office or performing the duties of that office shall\nbe the member or the Chairperson, as the case may be,\naccordingly.\n(4) An appointment:\n(a) under subregulation (1) may allow the member to nominate\nanother person, being a person of a class that is specified in\nthe instrument of appointment, to be a member in the place of\nthe member; or\n(b) under subregulation (2) may allow the Chairperson to\nnominate another person, being a person of a class that is\nspecified in the Chairperson's instrument of appointment, to\nbe the Chairperson in the place of the Chairperson,\n\nProcurement Regulations 1995 3\nand a person so nominated shall be the member or the\nChairperson, as the case may be, accordingly, for the period for\nwhich the person was nominated.\n(5) At a meeting of a Procurement Review Board 3 members shall\nconstitute a quorum.\n(6) Except to the extent specified in an instrument of appointment\nunder subregulation (1) or (2), the procedures of the Procurement\nReview Board shall be as determined by the Chairperson.\n6A Functions and powers of Procurement Review Board\n(1) The functions of a Procurement Review Board are:\n(a) to determine appeals in relation to the eligibility or admissibility\nof a quote or tender in accordance with the procurement\ndirections; and\n(b) to review or audit an Agency's procurement procedures or\nprocurement activity; and\n(c) to advise the Minister, the Agency or any other person in\nrelation to procurement procedures or procurement activity in\nan Agency.\n(2) The Procurement Review Board has the powers necessary or\nconvenient to perform its functions.\n7 Government contracts\n(1) If supplies are available to the Territory under an across\ngovernment contract, the supplies must be obtained under the\ncontract unless the Accountable Officer otherwise directs.\n(2) Where supplies are available to the Territory under an existing\ncontract between a supplier and the Commonwealth, a State or\nanother Territory of the Commonwealth, the supplies may be\nobtained subject to Procurement Review Board approval.\n8 Certificate of exemption\n(1) The Minister may issue a certificate of exemption for specified\nsupplies or supplies of a specified class, irrespective of the value of\nthe supplies.\n(2) An Accountable Officer may issue a certificate of exemption for\ntier two, tier three, tier four or tier five supplies.\n\nProcurement Regulations 1995 4\n(4) In this regulation:\ncertificate of exemption means an exemption from a requirement\nunder regulation 4 or 5.\n9 Orders\nAn order for supplies shall:\n(a) be in the form approved by the Accountable Officer;\n(b) be signed by the Accountable Officer; and\n(c) contain details of the supplies specified in the requisition made\nunder regulation 3.\n10 Details of certain contracts to be published\n(1) The Accountable Officer must publish details of a contract for a\nsupply on the Territory Government website.\n(2) However, publication is not required if:\n(a) the supply is a tier one supply; or\n(b) the supply is provided by the Territory, Commonwealth or a\nState or another Territory; or\n(c) the supply is obtained under an existing contract; or\n(d) the Minister is satisfied publication is contrary to the public\ninterest.\n\nENDNOTES\nProcurement Regulations 1995 5\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nProcurement Regulations (SL No. 14, 1995)\nNotified 10 May 1995\nCommenced 10 May 1995\nAmendments of Procurement Regulations (SL No. 24, 2000)\nNotified 21 June 2000\nCommenced 21 June 2000\nAmendments of Procurement Regulations (SL No. 40, 2001)\nNotified 8 August 2001\nCommenced 8 August 2001\nProcurement Amendment Regulations 2006 (SL No. 9, 2006)\nNotified 1 March 2006\nCommenced 1 March 2006 (r 3)\nProcurement Amendment Regulations (No. 2) 2006 (SL No. 32, 2006)\nNotified 18 October 2006\nCommenced 18 October 2006\nProcurement Amendment Regulations 2007 (SL No. 34, 2007)\nNotified 31 October 2007\nCommenced 31 October 2007\nProcurement Amendment (Quotes for Supplies) Regulations 2009 (SL No. 7, 2009)\nNotified 30 March 2009\nCommenced 30 March 2009\nProcurement Amendment Regulations 2012 (SL No. 26, 2012)\nNotified 28 June 2012\nCommenced 1 July 2012 (r 2)\n\nENDNOTES\nProcurement Regulations 1995 6\nProcurement Amendment Regulations 2013 (SL No. 4, 2013)\nNotified 20 March 2013\nCommenced 20 March 2013\nProcurement Amendment Regulations 2014 (SL No. 18, 2014)\nNotified 1 July 2014\nCommenced 1 July 2014\nProcurement Amendment Regulations 2019 (SL No. 28, 2019)\nNotified 27 November 2019\nCommenced 27 November 2019\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: rr 1 and 6.\n4 LIST OF AMENDMENTS\nr 2 amd No. 40, 2001, r 1; No. 9, 2006, r 4; No. 7, 2009, r 3; No. 26, 2012, r 4;\nNo. 18, 2014, r 3; No. 28, 2019, r 4\nr 4 sub No. 24, 2000, r 1\namd No. 9, 2006, r 5; No. 32, 2006, r 3\nsub No. 7, 2009, r 4\namd No. 26, 2012, r 5; No. 18, 2014, r 4\nsub No. 28, 2019, r 5\nr 5 sub No. 9, 2006, r 6\namd No. 32, 2006, r 4\nsub No. 34, 2007, r 3\namd No. 7, 2009, r 5; No. 26, 2012, r 6; No. 18, 2014, r 5; No. 28, 2019, r 6\nr 6 amd No. 40, 2001, r 2; No. 9, 2006, r 7; No. 26, 2012, r 7; No. 18, 2014, r 6;\nNo. 28, 2019, r 7\nr 6A ins No. 18, 2014, r 7\nr 7 amd No. 9, 2006, r 8\nr 8 amd No. 24, 2000, r 2\nsub No. 9, 2006, r 9\namd No. 32, 2006, r 5\nsub No. 34, 2007, r 4\namd No. 7, 2009, r 6; No. 26, 2012, r 8; No. 18, 2014, r 8; No. 28, 2019, r 8\nr 10 amd No. 9, 2006, r 10\nsub No. 7, 2009, r 7\namd No. 4, 2013, r 3","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Regulations remain focused on setting procedural rules for Territory procurement (requisitioning, quotes/tenders, exemptions, Review Board oversight, contract publication). Amendments over time (including adding the Procurement Review Board’s functions and publication requirements) have refined oversight and transparency but have not fundamentally expanded the Regulations beyond their original purpose of prescribing how the Territory must procure supplies and manage procurement oversight. The legislative history shows iterative refinements (new review powers, publication, thresholds) rather than a material change of scope."},"complexity_factors":["Short instrument (10 regulations) but several consequential cross-references (Procurement Act 1995 and externally-issued procurement directions).","7 notable defined terms in regulation 2 (across government contract; Agency; Agency Minister; certificate of exemption; order; public tender; tier definitions referencing procurement directions).","Tiered conditional logic (different procedures for tier one–five supplies; reg 4–5).","Two-level exemption regime (Minister may exempt any supplies; Accountable Officer may exempt tiers 2–5) with broad scope (reg 8).","Procurement Review Board appointment permutations and delegation/nominating rules (reg 6(1),(3),(4)) and quorum rule; potential complexity in membership and substitution.","Broad, open-ended Board functions and powers (reg 6A(1)–(2))—wide discretion for review/audit and appeals.","Publication rule with multiple, non-overlapping exceptions (reg 10(1)–(2)), creating nested exceptions and conditional disclosure obligations. "],"plain_english_summary":"**What these Regulations do (mechanically)**\n\n- Set simple, mandatory steps that Territory agencies must follow when buying goods or services. Key mechanical rules include:\n  - Requisitions must be on an approved form and signed off by the Accountable Officer, with a funds-availability endorsement before approval (reg 3).\n  - Tiered procurement rules: for “tier two” purchases an Accountable Officer must get written quotes from at least three established suppliers (reg 4); for tiers three, four and five the Agency must invite tenders, and those tenders must be public unless an exemption is granted (reg 5).\n  - Where supplies are available under a whole-of-government (across government) contract, agencies must use that contract unless the Accountable Officer directs otherwise (reg 7(1)). Supplies available under a Commonwealth/State contract may be used subject to Procurement Review Board approval (reg 7(2)).\n  - The Minister and Accountable Officers may issue certificates of exemption that waive the requirements for quotes or public tenders in specified cases (reg 8).\n  - A Procurement Review Board is established: the Minister appoints members and a Chair; the Board has statutory functions (appeals about tender/quote eligibility, audits/reviews of procurement, and advisory roles) and the powers necessary to perform those functions (regs 6 and 6A).\n  - Orders must be in an approved form, signed by the Accountable Officer and match the requisition (reg 9).\n  - Agencies must publish contract details on the Territory Government website, except for limited categories (tier one, intra-government supplies, existing-contract procurements, or where publication would be contrary to the public interest) (reg 10).\n\n**Who this affects**\n\n- Agencies of the Northern Territory Government and their Accountable Officers (the officials who approve spending).\n- Suppliers to the Territory: established suppliers who can provide written quotes for tier two; suppliers competing for public tenders for tiers 3–5; suppliers on across-government or inter-jurisdictional contracts.\n- The Minister and the Procurement Review Board (who exercise appointment, exemption and review powers).\n- Ultimately taxpayers, because these rules govern how public money is spent.\n\n**Why it matters (official purpose and testing that purpose)**\n\n- The Regulations are presented as mechanisms to ensure orderly, accountable, and competitive buying by the Territory (see the tiered quote/tender requirements, publication rules, and Review Board functions).\n\nTesting that claim against practical effects, costs and incentives:\n\n- Competition and market access: The requirement for multiple quotes at tier two (reg 4) and public tenders for higher-value procurements (reg 5) promotes competitive processes that can lower prices and improve supplier choice. However, exemptions (reg 8) and the mandatory use of across-government contracts (reg 7(1)) can reduce competition where those exemptions or contracts are used frequently.\n\n- Transaction costs and productivity: Requisition forms, mandatory sign-offs and the three-quote rule impose administrative costs on agencies and suppliers (regs 3–4). Those costs can be worthwhile if they prevent waste, but they also slow purchasing and raise supplier compliance costs—especially for smaller suppliers who must respond to formal quote/tender processes.\n\n- Centralisation vs local flexibility: Across-government contracts (reg 7(1)) centralise purchasing to gain scale and lower unit costs. That can reduce price for commonly used items but may disadvantage niche local suppliers and reduce agencies’ ability to tailor purchases.\n\n- Discretion and capture risk: The Minister and Accountable Officers hold exemption power (reg 8) and appointment power for the Review Board (reg 6). Those discretionary powers allow practical flexibility (e.g. emergencies, specialist purchases) but create a concrete route by which routine competitive safeguards can be bypassed. The Review Board can audit and decide appeals (reg 6A), which provides oversight, but its powers and appointment process concentrate influence in executive hands.\n\n- Transparency trade-offs: The publication requirement (reg 10) increases public visibility of contracts, supporting accountability. The list of exceptions (e.g. tier one, intra-government supplies, existing contracts, or public-interest exceptions) narrows the scope of publication and therefore reduces transparency in specific cases.\n\n- Cross-jurisdiction and substitution effects: The Regulations allow agencies to use Commonwealth/State contracts (reg 7(2)), which can speed procurement and reduce duplication, but also shift benefits to suppliers who already hold intergovernmental contracts.\n\n**Who pays, who decides, and what behaviour changes**\n\n- Who pays: public money (Territory funds) finances supplies. Suppliers bear compliance costs to prepare quotes/tenders.\n- Who decides: Accountable Officers make most operational decisions (requisition sign-off, use of across-government contracts, issuing certain exemptions). The Minister issues broader exemptions and appoints Review Board members (regs 6, 8). The Procurement Review Board reviews eligibility/admissibility of quotes/tenders and audits procurement procedures (reg 6A).\n- Behaviour changes required: Agencies must use approved forms and endorsements (reg 3), seek multiple quotes or public tenders depending on tier (regs 4–5), prefer across-government contracts where available (reg 7), and publish most contract details online unless an exception applies (reg 10).\n\n**Implementation risks and compliance burdens**\n\n- Reliance on external ‘‘procurement directions’’ (which define tier thresholds) introduces cross-referencing that agencies must track.\n- Certificates of exemption give discretion that can be necessary in practice but, if overused, will undermine the procedural safeguards that the Regulations establish.\n- Small suppliers may face higher relative costs to compete because of formal quote/tender rules.\n\n**Concrete statutory citations**: requisition and sign-off (reg 3); 3 written quotes for tier two (reg 4); public tenders for tiers 3–5 (reg 5); Procurement Review Board composition and procedures (reg 6); Board functions and powers (reg 6A); preference for across-government contracts and inter-jurisdictional contracts (reg 7); certificates of exemption (reg 8); order formality (reg 9); publication requirement and exceptions (reg 10)."},"summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The regulations carry a 1995 title but were formally made in November 2019 under Regs No. 28 of 2019, indicating that the scope and content have likely evolved significantly from the original 1995 instrument. The involvement of a modern agency (Department of Trade, Business and Asian Relations) further suggests the regulatory scope has been updated to reflect contemporary government structures and procurement practices."},"complexity_factors":["Insufficient substantive legislative text provided — only metadata/header information is available, making it impossible to assess the true complexity of the operative provisions","Discrepancy between the 1995 title and 2019 making date suggests layered history of amendments or reprints, which can add complexity when tracing current obligations","Procurement law generally involves cross-referencing with parent Acts, Commonwealth or intergovernmental procurement frameworks, and financial management legislation","Jurisdictional ambiguity — the agency name (Department of Trade, Business and Asian Relations) suggests a Territory or State government context, but this is not confirmed in the text provided"],"plain_english_summary":"The Procurement Regulations 1995 (as reissued in November 2019) set rules for how the Department of Trade, Business and Asian Relations and other government bodies buy goods, services and works with public funds. They shape who can bid, how competitions are run, and aim to protect fairness, transparency and accountability in spending—so they matter to purchasing officials, prospective suppliers and taxpayers. Note: the available document is mainly administrative metadata, not the full regulatory text."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of operationalising the Procurement Act 1995 through procedural rules for government purchasing. While the endnotes show numerous amendments between 2000-2019, these appear to be updates to specific thresholds, administrative details, and the addition of the Procurement Review Board's functions (regulation 6A in 2014). The core scope—setting out how NT agencies buy goods and services—has not expanded into unrelated areas."},"complexity_factors":["Short length: only 10 substantive regulations plus definitions","Minimal cross-referencing: primarily refers to 'procurement directions' for dollar thresholds and 'the Act' for the Review Board establishment","Simple conditional structure: basic 'if X then Y' logic with standard exemption provisions","Limited defined terms: only 6 defined terms in regulation 2, plus one local definition in regulation 8(4)","Straightforward procedural requirements: clear step-by-step processes for requisitions, quotes, tenders, and orders","No nested exceptions: exemption power in regulation 8 is broad but not layered with sub-exceptions","Missing regulation: regulation 8(3) is omitted (jump from (2) to (4)), suggesting historical amendment without structural complexity"],"plain_english_summary":"**What this is:** These are the rules that tell Northern Territory government agencies how to buy goods and services (called \"supplies\"). They sit underneath the main Procurement Act 1995 and set out the step-by-step processes officials must follow when spending public money.\n\n**Who it affects:**\n- **Accountable Officers** – senior public servants who approve purchases for their agencies\n- **Suppliers** – businesses wanting to sell to the NT Government\n- **The Minister** – who can issue exemptions and appoint review board members\n- **The Procurement Review Board** – a panel that hears disputes and audits procurement practices\n\n**Key rules explained:**\n\n- **Tiers of spending:** Supplies are grouped into five tiers based on dollar value (the exact dollar ranges are set in separate \"procurement directions,\" not these regulations). The higher the tier, the more competitive process required:\n  - **Tier two:** Get at least 3 written quotes from established suppliers\n  - **Tiers three to five:** Must run a public tender (open competition)\n\n- **Exemptions:** The Minister or Accountable Officer can issue a **certificate of exemption** to skip the usual quote or tender requirements. This acts as a formal permission slip to buy without going through the normal competitive process.\n\n- **Across-government contracts:** If there's already a whole-of-government deal in place for something (like office stationery or fuel), agencies must use that contract unless their Accountable Officer says otherwise.\n\n- **Transparency:** Most contracts must be published on the Territory Government website, unless they're small (tier one), involve other governments, or the Minister decides publication would harm the public interest.\n\n- **Dispute resolution:** The Procurement Review Board handles appeals about whether a quote or tender was eligible, audits agencies' buying practices, and gives advice on procurement matters.\n\n**Why it matters:** These rules exist to ensure public money is spent fairly, transparently, and competitively—while allowing flexibility through exemptions when justified. They balance accountability (making sure agencies don't just hand contracts to their mates) with practicality (allowing quick purchases when needed)."}},"importantCases":[],"_links":{"self":"/api/acts/procurement-regulations-1995","history":"/api/acts/procurement-regulations-1995/history","analysis":"/api/acts/procurement-regulations-1995/analysis","conflicts":"/api/acts/procurement-regulations-1995/conflicts","importantCases":"/api/acts/procurement-regulations-1995/important-cases","documents":"/api/acts/procurement-regulations-1995/documents"}}