State Procurement Act 2004: South Australia
State Procurement Act 2004: South Australia
State Procurement Act 2004: South Australia
2010
South Australia
Contents
Part 1Preliminary
1
3
4
5
Short title
Object of Act
Interpretation
Act not to apply to local government bodies and universities
Establishment of Board
Composition of Board
Terms and conditions of membership
Vacancies or defects in appointment of members
Allowances and expenses
Staff of Board
Functions of Board
Committees
Delegations
Board's procedures
Common seal and execution of documents
Part 3Miscellaneous
18
19
20
21
22
23
25
Legislative history
[15.2.2010] This version is not published under the Legislation Revision and Publication Act 2002
Part 1Preliminary
1Short title
This Act may be cited as the State Procurement Act 2004.
3Object of Act
(1)
(2)
The object of this Act is to advance government priorities and objectives by a system
of procurement for public authorities directed towards
(a)
(b)
(c)
The Board and the Minister must, in administering this Act, have regard to and seek to
further the object of this Act.
4Interpretation
In this Act, unless the contrary intention appears
administrative unit means an administrative unit of the Public Service;
Board means the State Procurement Board established under Part 2;
local government body means a council within the meaning of the Local Government
Act 1999 or any body (whether incorporated or unincorporated) established by a
council or councils and declared by the regulations to be a local government body;
prescribed public authority means a person or body that has been declared by the
regulations to be a prescribed public authority for the purposes of this Act;
principal officer, in relation to a public authority, means
(a)
(b)
(c)
(b)
(ii)
intellectual property; or
This version is not published under the Legislation Revision and Publication Act 2002 [15.2.2010]
(c)
(d)
but does not include operations excluded from this definition by the regulations;
public authority means
(a)
(b)
(ii)
(b)
(c)
if the authority is a body established under an Act (other than the Public
Sector Act 2009, the Public Corporations Act 1993 or an Act providing for
the incorporation of companies or associations, co-operatives, societies or
other voluntary organisations)the Minister responsible for the
administration of that Act;
(d)
(e)
(f)
[15.2.2010] This version is not published under the Legislation Revision and Publication Act 2002
(2)
The Board
(a)
(b)
(c)
(d)
has all the powers of a natural person that are capable of being exercised by a
body corporate; and
(e)
has the functions and powers assigned or conferred by or under this Act or
any other Act.
(3)
The Board is an agency of the Crown and holds its property on behalf of the Crown.
(4)
If a document appears to bear the common seal of the Board, it will be presumed, in
the absence of proof to the contrary, that the common seal of the Board was duly
affixed to the document.
7Composition of Board
(1)
the presiding member, being the chief executive of the administrative unit
that has, subject to the Minister, responsibility for administering this Act or a
nominee of the chief executive; and
(b)
(ii)
(2)
The membership of the Board appointed under subsection (1)(b) must include persons
who together have, in the Minister's opinion, practical knowledge of, and experience
or expertise in, procurement, private commerce or industry, industry development,
industrial relations, information technology, risk management, environmental
protection and management, community service and social inclusion.
(3)
At least 1 appointed member of the Board must be a woman and at least 1 must be a
man.
(1)
(2)
The Governor may remove an appointed member of the Board from office
(a)
(b)
for misconduct; or
(c)
This version is not published under the Legislation Revision and Publication Act 2002 [15.2.2010]
(3)
(4)
The office of an appointed member of the Board becomes vacant if the member
(a)
dies; or
(b)
(c)
(d)
(e)
On the office of an appointed member of the Board becoming vacant, a person must
be appointed in accordance with this Act to the vacant office.
11Staff of Board
(1)
The Board will have such staff (comprised of persons employed in the Public Service
of the State) as is necessary for the purposes of this Act.
(2)
The Board may, with the approval of the Minister administering an administrative unit
of the Public Service, make use of the officers of that unit.
(3)
The Board may, with the approval of a public authority (being a body corporate),
make use of the officers of that public authority.
12Functions of Board
(1)
(b)
to develop, issue and keep under review policies, principles and guidelines
relating to the procurement operations of public authorities;
(c)
to develop, issue and keep under review standards for procurement by public
authorities using electronic procurement systems;
(d)
(e)
to investigate and keep under review levels of compliance with the Board's
procurement policies, principles, guidelines, standards and directions;
(f)
(g)
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(2)
(h)
(i)
acquire, hold, deal with and dispose of real and personal property; and
(b)
(c)
(d)
(e)
exercise such other powers as are conferred on it under this Act or as are
necessary for, or incidental to, the effective performance of its functions.
13Committees
(1)
(2)
(b)
(b)
(3)
The Board will determine who will be the presiding member of a committee.
(4)
14Delegations
(1)
The Board may delegate any of its functions or powers under this Act other than this
power of delegation.
(2)
A delegation
(a)
may be made to
(i)
(ii)
(b)
(c)
is revocable at will and does not derogate from the power of the delegator to
act in a matter.
This version is not published under the Legislation Revision and Publication Act 2002 [15.2.2010]
15Board's procedures
(1)
(2)
The presiding member will, if present at a meeting of the Board, preside at that
meeting, and in the absence of that member, the members present will decide who is
to preside.
(3)
(4)
Each member present at a meeting of the Board has one vote on any question arising
for decision and the member presiding at the meeting may exercise a casting vote if
the votes are equal.
(5)
(6)
(a)
(b)
A proposed resolution of the Board becomes a valid decision of the Board despite the
fact that it is not voted on at a meeting of the Board if
(a)
(b)
(7)
(8)
Subject to this Act, the Board may determine its own procedures.
The common seal of the Board must not be affixed to a document except in pursuance
of a decision of the Board, and the affixing of the seal must be attested by the
signatures of 2 members.
(2)
The Board may, by instrument under its common seal, authorise a member of the
Board or any other person to execute documents on behalf of the Board subject to
conditions and limitations (if any) specified in the instrument of authority.
(3)
(4)
the common seal of the Board is affixed to the document in accordance with
this section; or
(b)
[15.2.2010] This version is not published under the Legislation Revision and Publication Act 2002
Part 3Miscellaneous
18Undertaking or arranging procurement operations for prescribed public
authorities and other bodies
The Board may, with the approval of the Minister, undertake or make arrangements
for procurement operations for
(a)
(b)
(2)
(b)
The principal officer of a public authority is responsible for the efficient and cost
effective management of the procurement operations of the authority subject to and in
accordance with the policies, principles, guidelines, standards and directions of the
Board.
(2)
The Minister may give general directions in writing to the Board about the
performance of its functions.
(2)
A direction may require the Board to take into account a particular government policy
or a particular principle or matter.
(3)
The Minister must, within 6 sitting days of giving a direction, cause a copy of the
direction to be laid before both Houses of Parliament.
(4)
The Board must comply with a direction given by the Minister under this section.
(5)
Except as provided by this section, the Board is not subject to Ministerial control or
direction.
The Board must keep proper accounting records in relation to its financial affairs, and
must have annual statements of account prepared in respect of each financial year.
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(2)
The accounts must be audited at least once in every year by the Auditor-General.
23Annual report
(1)
The Board must, on or before 30 September in each year, deliver to the Minister a
report on the administration of this Act and the work of the Board during the financial
year ending on the preceding 30 June.
(2)
The report must incorporate the audited accounts of the Board for the relevant
financial year.
(3)
The Minister must, within 14 sitting days after receiving a report under this section,
have copies of the report laid before both Houses of Parliament.
25Regulations
The Governor may make such regulations as are contemplated by, or necessary or
expedient for the purposes of, this Act.
The State Procurement Board is the same body corporate as the State Supply Board
established under the State Supply Act 1985.
(2)
A reference in an instrument to the State Supply Board is (where the context admits)
to be read as a reference to the State Procurement Board.
(3)
On the commencement of this clause, all members of the Board then in office vacate
their respective offices so that fresh appointments may be made to the Board under
this Act.
(4)
Despite section 14(3) of the Acts Interpretation Act 1915, if appointments are to be
made to the Board under that Act prior to the commencement and for the purposes of
section 7, those appointments will take effect on the commencement of section 7 and
not before.
[15.2.2010] This version is not published under the Legislation Revision and Publication Act 2002
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.
Title
Assent
Commencement
2004 28
29.7.2004
2009 84
Provisions amended
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision
How varied
Commencement
Long title
1.2.2010
1.2.2010
Pt 1
s2
s4
administrative unit amended by 84/2009 s 339(1)
1.2.2010
responsible
Minister
1.2.2010
1.2.2010
1.2.2010
Pt 2
s 16
Pt 3
s 24
Sch 1
10
This version is not published under the Legislation Revision and Publication Act 2002 [15.2.2010]
Pt 13
1.2.2010
[15.2.2010] This version is not published under the Legislation Revision and Publication Act 2002
11