State Procurement Regulations 2020 (SA)

South Australia

State Procurement Regulations 2020

under the State Procurement Act 2004

1Short title

These regulations may be cited as the State Procurement Regulations 2020.

2Commencement

These regulations come into operation on 1 September 2020.

3Interpretation

In these regulations, unless the contrary intention appears—

Act means the State Procurement Act 2004.

4Bodies 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.

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

1. (1)

   For the purposes of the definition of procurement operations in section 4 of the Act, the following are excluded from the definition:

   1. (a)

      a prescribed construction project of a cost exceeding $150 000;

   2. (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. (2)

   A prescribed construction project—

   1. (a)

      is a project that primarily involves the procurement of construction work; and

   2. (b)

      encompasses—

      1. (i)

         the acquisition and installation of fixtures, plant, equipment, appliances and fittings in conjunction with the construction work; and

      2. (ii)

         the acquisition of survey, planning, design and other services in conjunction with the construction work; and

   3. (c)

      does not encompass the acquisition of goods and services for the ongoing maintenance of a building or structure.

3. (3)

   In this regulation—

building work has the same meaning as in the Building Work Contractors Act 1995;

construction work means—

1. (a)

   building work; or

2. (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 regulations

  Year	No	Reference	Commencement
  2020	259	Gazette 20.8.2020 p4367	1.9.2020: r 2