State Procurement (Procurement Operations) Variation Regulations 2018 (SA)

South Australia

State Procurement (Procurement Operations) Variation Regulations 2018

under the State Procurement Act 2004

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of State Procurement Regulations 2005

4            Variation of regulation 5—Exclusions from definition of procurement operations (section 4 of Act)

Part 1—Preliminary

1—Short title

These regulations may be cited as the State Procurement (Procurement Operations) Variation Regulations 2018.

2—Commencement

These regulations will come into operation on 1 January 2019.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of State Procurement Regulations 2005

4—Variation of regulation 5—Exclusions from definition of procurement operations (section 4 of Act)

1. Regulation 5(1)—delete subregulation (1) and substitute:

   (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. Regulation 5(3)—after the definition of construction work insert:

   Treasurer's instructions means instructions issued by the Treasurer under Part 4 of the Public Finance and Audit Act 1987.

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 20 December 2018

No 254 of 2018

T&F18-056CS