South Australia regulation

State Procurement Regulations 2020

In ForceSA

Jurisdiction

South Australia

Collection

regulation

Plain English Summary

3/10 complexity

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.

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State Procurement Regulations 2020

South Australia State Procurement Regulations 2020 under the State Procurement Act 2004

Contents 1 Short title 2 Commencement 3 Interpretation 4 Bodies declared to be prescribed public authorities (section 4 of Act) 5 Exclusions from definition of procurement operations (section 4 of Act) Schedule 1—Prescribed public authorities Schedule 2—Revocation of State Procurement Regulations 2005 Legislative history

1—Short title These regulations may be cited as the State Procurement Regulations 2020. 2—Commencement These regulations come into operation on 1 September 2020. 3—Interpretation In these regulations, unless the contrary intention appears— Act means the State Procurement Act 2004. 4—Bodies declared to be prescribed public authorities (section 4 of Act) Each of the bodies specified in Schedule 1 is declared to be a prescribed public authority for the purposes of the Act. 5—Exclusions from definition of procurement operations (section 4 of Act) (1) For the purposes of the definition of procurement operations in section 4 of the Act, the following are excluded from the definition: (a) a prescribed construction project of a cost exceeding $150 000; (b) the provision of funding to a third party by a public authority that, in accordance with Treasurer's instructions, is classified as a grant. (2) A prescribed construction project— (a) is a project that primarily involves the procurement of construction work; and (b) encompasses— (i) the acquisition and installation of fixtures, plant, equipment, appliances and fittings in conjunction with the construction work; and (ii) the acquisition of survey, planning, design and other services in conjunction with the construction work; and (c) does not encompass the acquisition of goods and services for the ongoing maintenance of a building or structure. (3) In this regulation— building work has the same meaning as in the Building Work Contractors Act 1995; construction work means— (a) building work; or (b) the whole or part of the work of excavating or filling of land not constituting building work; Treasurer's instructions means instructions issued by the Treasurer under Part 4 of the Public Finance and Audit Act 1987. Schedule 1—Prescribed public authorities Adelaide Venue Management Corporation Architectural Practice Board of South Australia Construction Industry Training Board Health Services Charitable Gifts Board Legal Profession Conduct Commissioner Local Government Finance Authority of South Australia Return to Work Corporation of South Australia South Australian Forestry Corporation South Australian Housing Trust South Australian Water Corporation Superannuation Funds Management Corporation of South Australia Urban Renewal Authority Schedule 2—Revocation of State Procurement Regulations 2005 The State Procurement Regulations 2005 are revoked. Legislative history Notes • For 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. Principal regulations Year No Reference Commencement 2020 259 Gazette 20.8.2020 p4367 1.9.2020: r 2

Source text

Sourced from South Australian Legislation (legislation.sa.gov.au), CC BY 4.0.

1 State Procurement Regulations 2020

South Australia State Procurement Regulations 2020 under the State Procurement Act 2004

1—Short title These regulations may be cited as the State Procurement Regulations 2020. 2—Commencement These regulations come into operation on 1 September 2020. 3—Interpretation In these regulations, unless the contrary intention appears— Act means the State Procurement Act 2004. 4—Bodies declared to be prescribed public authorities (section 4 of Act) Each of the bodies specified in Schedule 1 is declared to be a prescribed public authority for the purposes of the Act. 5—Exclusions from definition of procurement operations (section 4 of Act) (1) For the purposes of the definition of procurement operations in section 4 of the Act, the following are excluded from the definition: (a) a prescribed construction project of a cost exceeding $150 000; (b) the provision of funding to a third party by a public authority that, in accordance with Treasurer's instructions, is classified as a grant. (2) A prescribed construction project— (a) is a project that primarily involves the procurement of construction work; and (b) encompasses— (i) the acquisition and installation of fixtures, plant, equipment, appliances and fittings in conjunction with the construction work; and (ii) the acquisition of survey, planning, design and other services in conjunction with the construction work; and (c) does not encompass the acquisition of goods and services for the ongoing maintenance of a building or structure. (3) In this regulation— building work has the same meaning as in the Building Work Contractors Act 1995; construction work means— (a) building work; or (b) the whole or part of the work of excavating or filling of land not constituting building work; Treasurer's instructions means instructions issued by the Treasurer under Part 4 of the Public Finance and Audit Act 1987. Schedule 1—Prescribed public authorities Adelaide Venue Management Corporation Architectural Practice Board of South Australia Construction Industry Training Board Health Services Charitable Gifts Board Legal Profession Conduct Commissioner Local Government Finance Authority of South Australia Return to Work Corporation of South Australia South Australian Forestry Corporation South Australian Housing Trust South Australian Water Corporation Superannuation Funds Management Corporation of South Australia Urban Renewal Authority Schedule 2—Revocation of State Procurement Regulations 2005 The State Procurement Regulations 2005 are revoked. Legislative history Notes • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or . Principal regulations Year No Reference Commencement 2020 259 Gazette 20.8.2020 p4367 1.9.2020: r 2