{"id":"state-procurement-regulations-2020","name":"State Procurement Regulations 2020","slug":"state-procurement-regulations-2020","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":237380,"registerId":"sa-state-procurement-regulations-2020-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"State Procurement Regulations 2020","content":"South Australia\nState Procurement Regulations 2020\nunder the State Procurement Act 2004\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tBodies declared to be prescribed public authorities (section 4 of Act)\n5\tExclusions from definition of procurement operations (section 4 of Act)\nSchedule 1—Prescribed public authorities\nSchedule 2—Revocation of State Procurement Regulations 2005\nLegislative history\n\n1—Short title\nThese regulations may be cited as the State Procurement Regulations 2020.\n2—Commencement\nThese regulations come into operation on 1 September 2020.\n3—Interpretation\nIn these regulations, unless the contrary intention appears—\nAct means the State Procurement Act 2004.\n4—Bodies declared to be prescribed public authorities (section 4 of Act)\nEach of the bodies specified in Schedule 1 is declared to be a prescribed public authority for the purposes of the Act.\n5—Exclusions from definition of procurement operations (section 4 of Act)\n\t(1)\tFor the purposes of the definition of procurement operations in section 4 of the Act, the following are excluded from the definition:\n\t(a)\ta prescribed construction project of a cost exceeding $150 000;\n\t(b)\tthe provision of funding to a third party by a public authority that, in accordance with Treasurer's instructions, is classified as a grant.\n\t(2)\tA prescribed construction project—\n\t(a)\tis a project that primarily involves the procurement of construction work; and\n\t(b)\tencompasses—\n\t(i)\tthe acquisition and installation of fixtures, plant, equipment, appliances and fittings in conjunction with the construction work; and\n\t(ii)\tthe acquisition of survey, planning, design and other services in conjunction with the construction work; and\n\t(c)\tdoes not encompass the acquisition of goods and services for the ongoing maintenance of a building or structure.\n\t(3)\tIn this regulation—\nbuilding work has the same meaning as in the Building Work Contractors Act 1995;\nconstruction work means—\n\t(a)\tbuilding work; or\n\t(b)\tthe whole or part of the work of excavating or filling of land not constituting building work;\nTreasurer's instructions means instructions issued by the Treasurer under Part 4 of the Public Finance and Audit Act 1987.\nSchedule 1—Prescribed public authorities\nAdelaide Venue Management Corporation\nArchitectural Practice Board of South Australia\nConstruction Industry Training Board\nHealth Services Charitable Gifts Board\nLegal Profession Conduct Commissioner\nLocal Government Finance Authority of South Australia\nReturn to Work Corporation of South Australia\nSouth Australian Forestry Corporation\nSouth Australian Housing Trust\nSouth Australian Water Corporation\nSuperannuation Funds Management Corporation of South Australia\nUrban Renewal Authority\nSchedule 2—Revocation of State Procurement Regulations 2005\nThe State Procurement Regulations 2005 are revoked.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\n2020\n259\nGazette 20.8.2020 p4367 \n1.9.2020: r 2\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible — the legislative text was not available for review. No determination can be made about whether the regulations diverged from their original intent."},"complexity_factors":["No legislative content was retrievable — the source URL returned a 404 Page Not Found error","The document provided contains only website navigation elements and error messaging, not legislative text","Complexity cannot be meaningfully assessed without access to the actual regulations"],"plain_english_summary":"The State Procurement Regulations 2020 (SA) text couldn’t be retrieved from the cited source, so no detailed analysis is possible here; check the SA legislation website or contact the Office of Parliamentary Counsel for the current version.\n\nIn general, these regulations set how South Australian government agencies must buy goods and services—affecting businesses bidding for contracts, suppliers to government, and public procurement officers—because they shape competitive tendering, spending controls, and accountability in public purchasing."},"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a standard machinery regulation that performs its expected function: prescribing bodies, setting exclusions, and defining terms for the parent Act. There is no evidence of scope creep beyond the original regulatory purpose."},"complexity_factors":["Very short document (approximately 1.5 pages)","Only 3 defined terms in the interpretation section (Act, building work, construction work, Treasurer's instructions)","Minimal cross-referencing — only references to the parent Act and one other Act (Building Work Contractors Act 1995)","Simple structure with no nested exceptions beyond the basic construction project definition","Straightforward declaratory provisions (listing bodies, stating exclusions)","No conditional logic or operative machinery beyond basic definitional work"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set the rules for how South Australian government bodies buy goods, services, and construction work. They work alongside the *State Procurement Act 2004* to fill in the details.\n\n**Key things it does:**\n\n*   **Lists extra government bodies** that must follow the procurement rules (Schedule 1). These include organisations like SA Water, the Urban Renewal Authority, and the Construction Industry Training Board — bodies that aren't automatically covered by the main Act but are now brought under these spending rules.\n\n*   **Carves out two big exceptions** to what counts as \"procurement operations\":\n    *   **Big construction projects** costing more than $150,000 — these are handled differently, not under standard procurement rules.\n    *   **Grants** — money given to third parties that the Treasurer officially classifies as grants don't count as procurement.\n\n*   **Defines what a \"prescribed construction project\" is** — essentially building work plus related design and equipment, but *not* ongoing maintenance.\n\n*   **Revokes the old 2005 regulations** — replacing them with this 2020 version.\n\n**Who it affects:**\n\nGovernment bodies on the list, anyone selling to or contracting with South Australian public authorities, and construction firms dealing with projects over $150,000.\n\n**Why it matters:**\n\nIt determines which government spending follows standard competitive tendering rules and which gets treated differently. The $150,000 threshold and grant exemption are significant carve-outs that affect transparency and accountability in public spending."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The regulations replace the 2005 Regulations and narrow the Act's operational scope by excluding prescribed construction projects over $150,000 and public‑authority funding classified as grants (reg 5), while declaring a defined list of prescribed public authorities (Schedule 1). These changes reduce the set of transactions captured by the Act and rely on Treasurer's instructions and the $150,000 threshold as primary decision points."},"complexity_factors":["Straightforward listing of entities in Schedule 1 (low interpretive load)","Numerical threshold ($150,000) creating a bright‑line test for construction projects","Reliance on external instrument (Treasurer's instructions) to classify grants — introduces cross‑instrument dependency","Definitions reference other Acts (Building Work Contractors Act 1995; Public Finance and Audit Act 1987)","Revocation of prior regulations (2005) requires transitional awareness for affected agencies"],"plain_english_summary":"These regulations update which organisations are treated as \"prescribed public authorities\" under the _State Procurement Act 2004_ (they list specific agencies) and narrow what counts as a procurement operation by excluding certain construction projects costing over $150,000 and third‑party funding classified as grants under the Treasurer’s instructions. They also revoke the 2005 regulations. The changes shift some purchasing decisions outside the Act’s procurement rules and make the Treasurer’s classification and the $150,000 threshold the key decision points."}},"importantCases":[],"_links":{"self":"/api/acts/state-procurement-regulations-2020","history":"/api/acts/state-procurement-regulations-2020/history","analysis":"/api/acts/state-procurement-regulations-2020/analysis","conflicts":"/api/acts/state-procurement-regulations-2020/conflicts","importantCases":"/api/acts/state-procurement-regulations-2020/important-cases","documents":"/api/acts/state-procurement-regulations-2020/documents"}}