{"id":"procurement-regulations-2020","name":"Procurement Regulations 2020","slug":"procurement-regulations-2020","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181696,"registerId":"wa-procurement-regulations-2020-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Procurement Regulations 2020","content":"![Crest]()Western Australia\n\nProcurement Act 2020\n\nProcurement Regulations 2020\n\nWestern Australia\n\nProcurement Regulations 2020\n\nContents\n\n1. Citation 1\n\n2. Commencement 1\n\n3. State agencies prescribed (Act s. 5(1)(c)) 1\n\n4. Transitional provisions for existing common use arrangements 1\n\nNotes\n\nCompilation table 3\n\nDefined terms\n\n  \n\nProcurement Act 2020\n\nProcurement Regulations 2020\n\n##### 1. Citation\n\n\t\tThese regulations are the *Procurement Regulations 2020*.\n\n##### 2. Commencement\n\nThese regulations come into operation as follows —\n\n(a) regulations 1 and 2 — on the day on which these regulations are published in the *Gazette*;\n\n(b) the rest of the regulations — on the day on which the *Procurement Act 2020* section 41 comes into operation.\n\n##### 3. State agencies prescribed (Act s. 5(1)(c))\n\nFor the purposes of the Act, each of the following entities is prescribed to be a State agency —\n\n(a) the Commissioner for Children and Young People appointed under the *Commissioner for Children and Young People Act 2006* section 7(1);\n\n[(b) deleted]\n\n(c) the Parliamentary Commissioner for Administrative Investigations appointed under the *Parliamentary Commissioner Act 1971* section 5(1).\n\n[Regulation 3 amended: SL 2025/115 r. 4.]\n\n##### 4. Transitional provisions for existing common use arrangements\n\n(1) In this regulation —\n\nexisting common use arrangement means an arrangement —\n\n(a) entered into by the State Supply Commission; and\n\n(b) under which the State Supply Commission obtains from a supplier a standing contractual offer for the supply of goods or services to 1 or more public authorities or persons or bodies approved under section 23 of the former Act; and\n\n(c) that is in force immediately before transition day;\n\nformer Act has the meaning given in section 40 of the Act;\n\npublic authority has the meaning given in section 3(1) of the former Act;\n\nState Supply Commission has the meaning given in section 40 of the Act;\n\nsupply has the meaning given in section 3(1) of the former Act;\n\ntransition day has the meaning given in section 40 of the Act.\n\n(2) On and after transition day, each existing common use arrangement is taken to be a common use contractual arrangement.\n\n(3) Unless the parties to an existing common use arrangement agree otherwise on or after transition day, a reference to a potential customer in the existing common use arrangement is, despite any definition of the term in the existing common use arrangement, taken to be a reference to each State agency and authorised body (as those terms are defined in section 4(1) of the Act).\n\nNotes\n\nThis is a compilation of the *Procurement Regulations 2020* and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Procurement Regulations 2020* | SL 2020/249 18 Dec 2020 | r. 1 and 2: 18 Dec 2020 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Jun 2021 (see r. 2(b) and SL 2020/244 cl. 2(b)) |\n| *Procurement Amendment Regulations 2025* | SL 2025/115 25 Jun 2025 | r. 1 and 2: 25 Jun 2025 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Jul 2025 (see r. 2(b)) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nexisting common use arrangement 4(1)\n\nformer Act 4(1)\n\npublic authority 4(1)\n\nState Supply Commission 4(1)\n\nsupply 4(1)\n\ntransition day 4(1)\n\n© State of Western Australia 2025.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2025.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed. No legislative text was available for analysis. The submission contained only a broken-link error message from the Western Australian legislation website."},"complexity_factors":["No legislative content was retrieved — only a website error page was provided","Impossible to assess legal complexity without access to the actual text of the regulations","Score of 1 reflects absence of analysable content, not simplicity of the underlying law"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe requested legislation — the **Procurement Regulations 2020** (Western Australia) — could not be retrieved. The source page on the Western Australian legislation website is no longer accessible at its previous web address due to system and security upgrades.\n\n**What this means for you:** No meaningful legal analysis can be provided because the actual text of the regulations was not successfully retrieved. Only a website error message and an Acknowledgement of Country were returned — no legislative content.\n\n**What you can do:**\n- Visit the [Western Australian Legislation website](https://www.legislation.wa.gov.au) directly and search for *Procurement Regulations 2020*\n- Contact the Parliamentary Counsel's Office Helpdesk as suggested on the error page\n- Try searching via the State Law Publisher or the WA Department of Finance website, which administers procurement policy in WA"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Regulation 4(2) and (3) broaden the operational scope of pre-existing common use arrangements by treating them as common use contractual arrangements on transition day and by construing references to a “potential customer” to mean each State agency and authorised body (see reg 4(1)-(3)). That replaces the former narrower reference to public authorities or approved persons/bodies under the former Act and therefore expands the set of buyers who may call on existing standing offers unless parties agree otherwise. Regulation 3 also prescribes specific offices as State agencies (reg 3(a), (c); note deletion of (b) by SL 2025/115)."},"complexity_factors":["Short instrument but relies on multiple cross-references to the Procurement Act 2020 and the former Act (regs 2, 3 and 4; see references to s.41 and s.40 of the Act)","Transitional reclassification that automatically converts existing common use arrangements into common use contractual arrangements (reg 4(2))","Change in the meaning of “potential customer” for existing arrangements to include each State agency and authorised body, which alters who may use standing offers (reg 4(3))","Allows parties to opt out of the default expansion by agreement, creating a negotiable compliance pathway (reg 4(3))","Relies on defined terms and external statutory definitions (reg 4(1) and referenced Act provisions), which require consultation of the Act to resolve scope","Regulation 3 was amended (SL 2025/115) and one sub‑item deleted, so the prescribed agency list may change over time (reg 3 and compilation table)"],"plain_english_summary":"These regulations set start dates, list a small number of offices treated as State agencies, and convert pre-existing “common use” procurement deals into the new category “common use contractual arrangements.” From transition day, those standing-offer deals are treated as usable by every State agency and authorised body unless the supplier and buyer agree otherwise. The rules affect suppliers, the State Supply Commission, State agencies and authorised bodies by widening who may call on existing standing offers and changing contract administration."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations remain tightly scoped to their original purpose: prescribing specific State agencies and managing transitional arrangements for existing contracts. The 2025 amendment removed one agency (regulation 3(b)) but did not expand the regulations beyond their initial limited scope."},"complexity_factors":["Extremely short — only 4 regulations total","Minimal defined terms (6 definitions, all contained within a single regulation)","No nested exceptions or complex conditional logic","Simple transitional provision that operates automatically on a fixed date","Straightforward prescription of two named entities with no qualifications or exceptions","Single cross-reference to the parent Act for commencement timing"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations support Western Australia's *Procurement Act 2020* by filling in two specific operational details:\n\n1. **Expanding who counts as a \"State agency\"** — The regulations add two extra government bodies to the list of agencies that must follow the Act's procurement rules:\n   - The Commissioner for Children and Young People\n   - The Parliamentary Commissioner for Administrative Investigations (also known as the Ombudsman)\n\n   *(Note: A third body was previously listed but has been removed as of June 2025.)*\n\n2. **Handling old contracts during the switchover** — When the new *Procurement Act 2020* replaced the old system, these regulations ensured that existing \"common use arrangements\" (pre-negotiated supply deals set up by the State Supply Commission) didn't suddenly become invalid. Instead:\n   - Old contracts automatically became \"common use contractual arrangements\" under the new Act\n   - References to who could use these contracts were updated to match the new Act's terminology (\"State agencies\" and \"authorised bodies\")\n\n**Who it affects:**\n- Government bodies buying goods and services in Western Australia\n- Suppliers with existing contracts with the WA Government\n- The two specific agencies now formally bound by procurement rules\n\n**Why it matters:**\nWithout these regulations, there would have been uncertainty about whether existing supply contracts remained valid when the new Act started, and two important oversight bodies might have operated outside the standard procurement framework."}},"importantCases":[],"_links":{"self":"/api/acts/procurement-regulations-2020","history":"/api/acts/procurement-regulations-2020/history","analysis":"/api/acts/procurement-regulations-2020/analysis","conflicts":"/api/acts/procurement-regulations-2020/conflicts","importantCases":"/api/acts/procurement-regulations-2020/important-cases","documents":"/api/acts/procurement-regulations-2020/documents"}}