RESTRICTED  
  
GPA/ACC/AUS/4  
 
28 October 2015  
(15-5714)  Page: 1/3  
Committee on Government Procurement  Original: English  
 
 ACCESSION OF AUSTRALIA TO THE AGREEMENT ON GOVERNMENT PROCUREMENT 
COMMUNICATION FROM THE SEPARATE CUSTOMS TERRITORY OF TAIWAN,  
PENGHU, KINMEN AND MATSU 
The following communication, dated 27 October 2015, is being circulated at the request of the 
Delegation of the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu.  
_______________ 
COMMENTS AND QUESTIONS FROM THE SEPARATE CUSTOMS  
TERRITORY OF TAIWAN, PENGHU, KINMEN AND MATSU 
The Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu appreciates the initial offer 
made by Australia (GPA/ACC/AUS/1). We hereby  submit our comments and questions seeking 
clarification and improvements in Australia's Appendix I offer. This communication in no way prejudices our right to seek further improvements  by the submission of additional comments and 
questions in the future. 
 Thresholds 
 
1. It would be appreciated if Australia could make reductions to the thresholds for goods and 
services as proposed in Annex 2 in order to be in line with most GPA Parties. 
Annex 1 
 
2. Please revise Note 1 to include all administrative units prescribed by the pertinent 
organization laws of those entities listed in this Annex. 
3. We suggest that Note 3.b. and 3.c. be deleted.  If any of the goods and services listed could 
not be applied by Article III of the Agreement on Government Procurement, please clarify.  
4. We find that the exclusion to maintain the Australian industry capability program and its 
successor programs and policies is too broad-ranging, please delete Note 3.d. 
Annex 2 
 
5. Please revise Note to include all administrative units prescribed by the pertinent organization 
laws of those entities listed in this Annex. 
6. Please delete the exclusions of procurement related to the functions of the Privacy Commission 
by the Information and Pr ivacy Commission, and procurement by  Transport for NSW related to the 
functions of the Transport Construction Authority, and the Country Rail Infrastructure Authority or its 
successor agencies for New South Wales. 
7. Please remove the exclusion of procurement of services from Charles Darwin University for 
the Northern Territory under Annex 2. GPA/ACC/AUS/4 
 
- 2 - 
 
  8. For greater certainty, please clarify that the co vered entities for Queensland not only include the 
entities declared to be departments pursuant to section 14 of the Public Service Act 2008 (Qld) , 
but also include the listed entities of Motor Accident Insurance Commission, Nominal Defendant, Public Service Commission, and Public Trust Office. 
9. Regarding the first note under Queensland, please delete the scope of exclusion of 
procurement that delivers health, education, training and/or arts services, and delete or shorten the transitional period of the second note that indicates Article XVI.2 of the GPA does not apply. 
10. We suggest that the note 1 under Western Australia be deleted, and that the GPA 
requirements be applied to the prequalification procedures for GPA-covered procurement. 
Annex 3 
 
11. It would be appreciated if Australia would exte nd the coverage of public universities (e.g. 
Australian National University), public hospitals, public entities, bodies governed by public law and 
public undertakings operating in the utilities sectors (water, energy, ports and transport), and 
state-owned enterprises. 
12. Please clarify if any of the entities listed could be moved to Annex 1, such as the entities of 
"Commission" or "Authority". 
Annex 5 
 
13. Since that the negotiations under the Doha Round have not reached ultimate consensus, 
please clarify the statement "and those contained in the schedule of its revised Doha Round offer 
of May 2005" in the second paragraph. 
14. We appreciate Australia's services coverage, and request the inclusion of the following 
services for the sake of liberalization: 
Description  CPC Prov. Reference No. 
Legal services 861** 
Services incidental to residential and non-residential buildings and 
land sales agents 82203**, 82205** 
Leasing or rental services concerning aircraft without operator 
(excluding cabotage) 83104** 
Leasing or rental services concerning personal and household 
goods 8320 
Advertising services (limited to TV or radio advertisements) 871** 
Market research and public opinion polling services 864 
Services relating to management consulting (excluding arbitration 
and conciliation services) 866** 
Site preparation work for mining 5115 
Manufacture of radio, televisi on and communication equipment 
and apparatus, on a fee or contra ct basis, Manufacture of medical 
precision and optical instruments, watches and clocks, on a fee or 
contract basis, Manufacture of motor vehicles, trailers and semi-trailers, on a fee or contract basis, Manufacture of other transport 
equipment, on a fee or contract basis 8856-8859 
Related scientific and technical consulting services 8675 
Repair services of radio, television and communication equipment 
and apparatus, on a fee or contract basis 8865 
Repair services of medical, precision and optical instruments, 
watches and clocks, on a fee or contract basis 8866 
Photographic services, Packaging services 875, 876 
Translation and interpretation services 87905 
Convention services 87909 
Land-based international courier services 7512** 
Voice telephone services 7521** GPA/ACC/AUS/4 
 
- 3 - 
 
  Description  CPC Prov. Reference No. 
Packet-switched data transmission services, Circuit-switched data 
transmission services, Telex services 7523** 
Telegraph services 7522 
Facsimile services 7521**, 7529** 
Private leased circuit services 7522**, 7523** 
Electronic mail, Voice mail, On-line information and data-base 
retrieval, Electronic data interchange (EDI), Enhanced/value-
added facsimile services including store and forward, store and retrieval, Code and protocol conversion services 7523** 
On-line information and/or data processing 843** 
Cellular mobile phone services 75213** 
Trunked radio services 7523**, 75213* 
Mobile data services 7523** 
Radio paging services 75291* 
Motion picture or video tape production services, Motion picture 
or video tape distribution services 96112, 96113 
Motion picture projection, Video-tape projection services 96121, 96122 
Sewage services, Refuse disposal services, Sanitation and similar 
services, Cleaning services of exhaust gases, Noise abatement services 9401-9405 
Other environmental protection services not elsewhere classified 9409 
Insurance services 812**, 814** 
Banking and Investment Services Ex 81** 
Hotel lodging services 64110** 
Maintenance and repair of civil aircraft, Maintenance and repair of 
rail transport equipment 8868** 
Maintenance and repair of road transport equipment 6112, 8867 
 
The symbol of asterisk (*) indicates that the service specified is a component of a more 
aggregated CPC item.  
The symbol of double asterisks (**) indicates that  the service specified constitutes only a part of 
the total range of activities covered by the CPC concordance. 
 
15. Please add a definition of the symbol of double asterisks (**). 
Annex 7 
 
16. We find that the exclusions of any form of preference to benefit small and medium 
enterprises, measures for the economic and so cial advancement of Indigenous people, the 
procurement of storage and hosting of government data and related services, the procurement of blood and blood-related products and services (including plasma-derived products), the 
procurement of motor vehicles, and the purchase of  goods or services by a procuring entity as a 
result of an unsolicited innovative proposal are t oo broad-ranging, please delete General Note 1.a., 
1.c., 1.d., 1.e., 1.f., 1.g. and 4. 
17. Regarding the exclusion of procurement of good s and services outside the territory of the 
procuring Party for consumption outside the territory of the procuring Party, please reduce the scope to only exclude procurement by the Departme nt of Foreign Affairs and Trade relating to the 
construction of Australia's overseas offices under General Note 1.j. 
18. We find the exclusion with respect to the maintenance or restoration of international peace 
or security too vague; for the sake of ce rtainty, please remove General Note 2. 
19. For the sake of clarification, please provide some examples of procurement funded by grants 
and sponsorship payments received from persons not listed in Annexes 1, 2 and 3 under General 
Note 3. 
20. We suggest that General Note 4 be removed,  and that the GPA tendering procedures be 
applied to the solicitation procedures for GPA-covered procurement. 
__________