State Procurement Variation Regulations 2006 (SA)

South Australia

State Procurement Variation Regulations 2006

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

1. Insertion of regulation 6

   6Community welfare funding arrangements with non-profit bodies excluded from definition of procurement operations (section 4 of Act)

Part 1—Preliminary

1—Short title

These regulations may be cited as the State Procurement Variation Regulations 2006.

2—Commencement

These regulations come into operation on the day on which they are made.

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—Insertion of regulation 6

After regulation 5 insert:

6—Community welfare funding arrangements with non-profit bodies excluded 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 procurement of goods or services required for community welfare operations is excluded from the definition if—

(a)the goods or services are not to be provided directly to the Crown or an officer, agency or instrumentality of the Crown; and

(b)the goods or services are procured by means of the making of a grant to, or funding agreement or contract with, a non-profit body.

(2)In this regulation—

community welfare operations means—

(a)operations of any of the following Ministers (a relevant Minister):

(i)the Minister responsible for the administration of the Family and Community Services Act 1972; or

(ii)the Minister responsible for the administration of the Disability Services Act 1993; or

(iii)the Minister responsible for the administration of the Office for the Ageing Act 1995; or

(iv)the Minister responsible for the administration of the South Australian Housing Trust Act 1995,

whether or not operations under any of those Acts; or

(b)operations of a public authority for which a relevant Minister is responsible; or

(c)operations of a public authority subject to direction by a relevant Minister (including direction given as delegate of another Minister); or

(d)operations of a public authority established by or under an Act the administration of which is committed to a relevant Minister;

non-profit body means a body that does not carry on operations for the purposes of profit or gain to its individual members.

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 2 February 2006

No 20 of 2006

DFCCS/05/026