RESTRICTED  
  
GPA/ACC/AUS/36  
7 mars 2018 
(18-1417) Page: 1/15 
Comité des marchés publics  Original:  anglais  
 
ACCESSION DE L'AUSTR ALIE À L'ACCORD  
SUR LES MARCHÉS PUBL ICS 
OFFRE FINALE  
La communication ci -après, datée du 7  mars 2018, est distribuée à la demande de la délégation de 
l'Australie.  
 
_______________  
 
 
NOTE RELATIVE À L'ACCESSION DE L'AUSTRALIE  
À L'ACCORD SUR LES MARCHÉS PUBLICS  
1.  L'Australie a l'honneur de présenter aux Parties à l'Accord sur les marchés publics (AMP) de 
l'Organisation mondiale du commerce une offre finale en matière d' accès aux marchés. L'Australie 
remercie les Parties de leur engagement constructif, de leurs observations sur les offres 
précédentes et du soutien qu'elles ont manifesté à l'accession de l'Australie.  
2.  Cette offre finale en matière d'accès aux marchés prévoi t un niveau d'accès élevé pour les 
marchandises  et les services, similaire à celui prévu  par la plupart des Parties à l'AMP, tant au 
niveau central que sous -central. Cette offre finale devrait être examinée à la lumière de 
l'important accès aux marchés acc ordé par l'Australie et du contexte national concernant les 
marchés publics.  
3.  L'offre de grande qualité de l'Australie reflète la nature ouverte et transparente du cadre de 
passation des marchés publics de l'Australie et est mise en lumière par:  
 une liste négative pour les services, ce qui signifie que notre couverture des services est 
l'une des meilleures des Parties à l'Accord;  
 l'inclusion de tous les services de construction, y compris les partenariats public -privé; et  
 une couverture complète des entités  tant au niveau central que sous -central.  
4.  L'offre de l'Australie va au -delà des  engagements les plus ambitieux en matière de commerce 
contractés précédemment par le pays avec des Parties à l'AMP, y compris les accords de 
libre-échange bilatéraux entre l'Au stralie et les États -Unis, le Japon, la Corée et Singapour et les 
engagements convenus dans le cadre du Partenariat transpacifique . 
5.  Cette offre est sans préjudice et sous réserve de la présentation par les autres Parties d'offres 
comparables en matière d'accès aux marchés.  
6.  L'Australie se réserve le droit de retirer, de modifier ou de réduire la présente offre, en totalité 
ou en partie, à tout moment des négociations en vue de l'accession jusqu'à leur clôture. L'Australie 
se réserve le droit de corriger t oute erreur ou omission éventuelle . GPA/ACC/AUS/36  
 
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  OFFRE FINALE DE L'AUSTRALIE  
APPENDICE I* 
(Seul le texte anglais fait foi ) 
ANNEX 1  
CENTRAL GOVERNMENT E NTITIES  
Thresholds:  
Unless otherwise specified, this Agreement covers procurement by entities listed in this Annex, 
subject to the following thresholds:  
 
Goods       SDR 130,000  
 
Services      SDR 130,000  
 
Construction Services    SDR 5,000,000  
 
List of Entities:  
1. Administrative Appeals Tribunal;  
2. Attorney -General's Department;  
3. Australian Aged Care Quality Agency;  
4. Australian Bureau of Statistics;  
5. Australian Centre for International Agricultural Research;  
6. Australian Crime Commission (Australian Criminal Intelligence Commission);  
7. Australian Electoral Commission;  
8. Australian Federal Police;  
9. Australian Institute of Criminology;  
10. Australian Law Reform Commission;  
11. Australian National Audit Office;  
12. Australian Office of Financial Management (AOFM);  
13. Australian Public Service Commission;  
14. Australian Radiation Protection and Nuclear Safety Agency (ARPA NSA);  
15. Australian Research Council;  
16. Australian Taxation Office;  
17. Australian Trade and Investment Commission (Austrade);  
18. Australian Transaction Reports and Analysis Centre (AUSTRAC);  
19. Australian Transport Safety Bureau;  
20. Bureau of Meteorology;  
21. Commonwealth Grants Commission;  
22. Department of Agriculture and Water Resources;  
23. Department of Communications and the Arts;  
24. Department of Defence;  
25. Department of Education and Training;  
26. Department of Employment;  
27. Department of Finance;  
28. Department of Foreign Affairs and Tra de; 
29. Department of Health;  
30. Department of Human Services;  
31. Department of Immigration and Border Protection;  
32. Department of Industry, Innovation and Science;  
33. Department of Infrastructure and Regional Development;  
                                                
* En anglais seulement . GPA/ACC/AUS/36  
 
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  34. Department of Parliamentary Services;  
35. Department  of Social Services;  
36. Department of the Environment and Energy;  
37. Department of the House of Representatives;  
38. Department of the Prime Minister and Cabinet;  
39. Department of the Senate;  
40. Department of the Treasury;  
41. Department of Veterans' Affairs;  
42. Fair Work Commis sion; 
43. Federal Court of Australia;  
44. Geoscience Australia;  
45. Inspector -General of Taxation;  
46. IP Australia;  
47. National Archives of Australia;  
48. National Blood Authority;  
49. National Capital Authority;  
50. National Competition Council;  
51. Office of Parliamentary Counsel;  
52. Office  of the Australian Accounting Standards Board;  
53. Office of the Australian Information Commissioner;  
54. Office of the Commonwealth Ombudsman;  
55. Office of the Director of Public Prosecutions;  
56. Office of the Fair Work Ombudsman;  
57. Office of the Inspector -General of Int elligence and Security;  
58. Office of the Official Secretary to the Governor -General;  
59. Productivity Commission;  
60. Professional Services Review Scheme;  
61. Royal Australian Mint;  
62. Safe Work Australia;  
63. Seafarers Safety, Rehabilitation and Compensation Authority (Seacare  Authority);  
64. Workplace Gender Equality Agency.  
Notes to Annex 1  
1.  This Agreement only covers those entities listed (including an office within a listed entity) in 
this Annex.  
2.  Until 1 January 2019, this Agreement does not cover the procurement of motor vehic les by any 
entity listed in this Annex.  
3.  This Agreement does not cover procurement by or on behalf of the Australian Government 
Solicitor.  
4.  Department of Defence:  
a. This Agreement does not cover Department of Defence procurement of the following 
goods due to paragraph 1 of Article III (Security and General Exceptions):  
 Approximately 
equivalent to:  
Weapons  FSC 10  
Fire Control Equipment  FSC 12  
Ammunition and Explosives  FSC 13  
Guided Missiles  FSC 14  
Aircraft and Airframe Structural Components  FSC 15  
Aircraft Components and Accessories  FSC 16  
Aircraft Launching, Landing, and Ground Handling Equipment  FSC 17  
Space Vehicles  FSC 18  
Ships, Small Craft, Pontoons and Floating Docks  FSC 19  
Ship and Marine Equipment  FSC 20  
Ground Effect Vehicles, Motor Vehicles, Trailers, and Cycles  FSC 23  GPA/ACC/AUS/36  
 
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   Approximately 
equivalent to:  
Engines, Turbines, and Components  FSC 28  
Engines Accessories  FSC 29  
Bearings  FSC 31  
Water Purification and Sewage Treatment Equipment  FSC 46  
Valves  FSC 48  
Maintenance and Repair Shop Equipment  FSC 49  
Prefabricated Structures and Scaffolding  FSC 54  
Communication, Detection, and Coherent Radiation Equipment  FSC 58  
Electrical and Electronic Equipment Components  FSC 59  
Fiber Optics Materials, Components, Assemblies, and 
Accessories  FSC 60  
Electric Wire, and Power and Distribution Equipment  FSC 61  
Alarm, Signal and Security Detection Systems  FSC 63  
Instruments and Laboratory Equipment  FSC 66  
Specialty Metals  No Code  
 
Note: Whether a good is included within the scope of this Note shall be determined solely 
according to the descriptions provided in the left column above. U.S. Federal Supply Codes 
are provided for reference purposes only. (For a complete listing of the Un ited States 
Federal Supply Codes, to which the Australian categories are approximately equivalent, see 
http://www.fbo.gov ). 
 
b. This Agreement does not cover the following services, as elaborated in the Common 
Classification  System and the WTO system of classification – MTN.GNS/W/120, due to 
paragraph 1 of Article III (Security and General Exceptions) (For a complete listing of 
Common Classification System, see: " http://www.sice.oas.org/trade/nafta/chap -
105.asp "). 
i. design, development, integration, test, evaluation, maintenance, repair, 
modification, rebuilding and installation of military systems and equipment 
(approximately equivalent to relevant parts of U.S. Product Service Codes A & J);  
ii. operation of Government -owned Facilities (approximately equivalent to U.S. Product 
Service Code M);  
iii. space services (AR, B4 & V3); and  
iv. services in support of military forces overseas.  
c. This Agreement does not cover the procureme nt of goods and services by, or on behalf 
of, the Defence Intelligence Organisation, the Australian Signals Directorate, or the 
Australian Geospatial -Intelligence Organisation.  
d. In respect of paragraphs 1 and 2 (Non -Discrimination) of Article IV of the Agre ement 
(General Principles) the Australian Government reserves the right, pursuant to 
paragraph 1 of Article III (Security and General Exceptions) to maintain the Australian 
industry capability program and its successor programs and policies.  GPA/ACC/AUS/36  
 
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  ANNEX 2  
SUB-CENTRAL GOVERNMENT E NTITIES  
Thresholds:  
Unless otherwise specified, this Agreement  covers procurement by entities listed in this Annex, 
subject to the following thresholds:  
 
Goods       SDR 355,000  
 
Services      SDR 355,000  
 
Construction Services    SDR 5,000,000  
List of Entities:  
AUSTRALIAN CAPITAL T ERRITORY  
1. ACT Auditor -General;  
2. ACT Gambling and Racing Commission;  
3. ACT Insurance Authority;  
4. ACTION;  
5. Capital Metro Authority;  
6. Chief Minister, Treasury and Economic Development Directorate;  
7. Community Services Directorate;  
8. Cultural Facilities Corporation;  
9. Education and Training Directorate;  
10. Environment and Planning Directorate;  
11. Health Directorate;  
12. Housing ACT;  
13. Independent Competition and Regulatory Commission;  
14. Justice and Community Safety Directorate;  
15. Legal Aid Commission;  
16. Ombudsman of the ACT;  
17. Territory and Municipal Services Directorate.  
Note for the Australian Capital Territory  
For the entities listed for the Australian Capital Territory, this Agreement does not cover the 
procurement of health and welfare services, education servic es, utility services or motor vehicles.  
NEW SOUTH WALES  
1. Advocate for Children and Young People;  
2. Board of Studies, Teaching and Educational Standards;  
3. Crown Solicitor's Office;  
4. Department of Education;  
5. Department of Family and Community Services;  
6. Department  of Finance, Services and Innovation;  
7. Department of Industry, Skills and Regional Development;  
8. Department of Justice;  
9. Department of Planning and Environment;  
10. Department of Premier and Cabinet;  
11. Environment Protection Authority;  
12. Fire and Rescue NSW;  
13. Health Care Complaints Commission;  
14. Information and Privacy Commission;  GPA/ACC/AUS/36  
 
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  15. Legal Aid Commission;  
16. Ministry of Health;  
17. Multicultural NSW;  
18. New South Wales Crime Commission;  
19. New South Wales Electoral Commission;  
20. NSW Food Authority;  
21. New South Wales Ombudsman;  
22. NSW Rural As sistance Authority;  
23. New South Wales Rural Fire Service;  
24. Office of the Director of Public Prosecutions NSW;  
25. Office of Environment and Heritage;  
26. Office of Local Government;  
27. Parliamentary Counsel's Office;  
28. Police Integrity Commission;  
29. Public Service Commission;  
30. State Emergency Service;  
31. State Insurance Regulatory Authority;  
32. Sydney Harbour Foreshore Authority;  
33. Sydney Olympic Park Authority;  
34. The Audit Office of New South Wales;  
35. The Treasury;  
36. Transport for NSW.  
Note for New South Wales  
For entities listed for New South Wales, this Agreement does not cover:  
 
a. procurement of health and welfare services, education services or motor vehicles;  
b. procurements undertaken by a covered entity on behalf of a non -covered entity;  
c. procurement related to the functions of the Privacy Commission by the Information and 
Privacy Commission; or  
d. procurement by Transport for NSW, related to the functions of the Transport 
Construction Authority, and The Country Rail Infrastructure Authority or its successor 
agencies. 
NORTHERN TERRITORY  
1. Aboriginal Areas Protection Authority;  
2. Auditor General's Office;  
3. Department of the Attorney -General and Justice;  
4. Department of the Chief Minister;  
5. Department of Environment and Natural Resources;  
6. Department of Housing and Community  Development;  
7. Department of Health;  
8. Department of the Legislative Assembly;  
9. Department of Primary Industry and Resources;  
10. Department of Tourism and Culture;  
11. Department of Trade, Business and Innovation;  
12. Department of Treasury and Finance;  
13. Health and Commun ity Services Complaints Commission;  
14. Museum and Art Gallery of the Northern Territory;  
15. Land Development Corporation;  
16. Northern Territory Electoral Commission;  
17. Northern Territory Police, Fire and Emergency Services;  
18. Northern Territory Training Commission;  
19. Office of the Commissioner for Public Employment;  
20. Ombudsman's Office;  
21. Racing Commission;  GPA/ACC/AUS/36  
 
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  22. Remuneration Tribunal;  
23. Strehlow Research Centre;  
24. Territory Families;  
25. Utilities Commission of the Northern Territory;  
26. Work Health Authority.  
Note for the Northern Territor y 
For entities listed for the Northern Territory, this Agreement does not cover set -asides on behalf of 
the Charles Darwin University pursuant to Partnership Agreements between the Northern Territory 
Government and Charles Darwin University.  
QUEENSLAND  
1. Entities declared to be departments pursuant to section 14 of the Public Service Act 2008 
(Qld); 
2. Motor Accident Insurance Commission;  
3. Nominal Defendant;  
4. Public Safety Business Agency;  
5. Public Service Commission;  
6. Public Trust Office.  
Notes for Queensland  
1. For the entities listed for Queensland this Agreement does not cover:  
a. procurement by covered entities on behalf of non -covered entities;  
b. procurement undertaken by departments, or parts of departments, which deliver health, 
education, training or arts services ; or 
c. procurement of health services, education services, training services, arts services, 
welfare services, government advertising and motor vehicles.  
2. For the entities listed for Queensland, Article XVI.2 (Transparency of Procurement 
Information  - Publica tion of Award Information) does not apply for a period of three years from the 
date of entry to force of the Agreement so as to allow time for the entities listed for Queensland to 
make the necessary modifications to electronic means to enable publication of such information.  
SOUTH AUSTRALIA  
1. Attorney -General's Department;  
2. Auditor -General's Department;  
3. Country Fire Service;  
4. Courts Administration Authority;  
5. Defence SA;  
6. Department for Communities and Social Inclusion;  
7. Department for Correctional Services;  
8. Department of Education and Child Development;  
9. Department of Environment, Water and Natural Resources;  
10. Department of Health and Ageing;  
11. Department of Planning, Transport and Infrastructure;  
12. Department of Primary Industries and Regions;  
13. Department of State Development;  
14. Department of the Premier and Cabinet;  
15. Department of Treasury and Finance;  
16. Electoral Commission SA;  
17. Environment Protection Authority;  
18. Independent Gambling Authority;  
19. Parliament of South Australia;  
20. South Australia Police;  GPA/ACC/AUS/36  
 
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  21. South Australian Fire and Emergency Services Commission;  
22. South Australian Metropolitan Fire Services;  
23. South Australian Tourism Commission;  
24. State Emergency Service;  
25. State Procurement Board;  
26. TAFE SA.  
Note for South Australia  
For the entities listed for South Australia, this Agreement does not cover the procurement of 
health and welfare services, education services, advertising services, or motor vehicles.  
TASMANIA  
1. Department of Education;  
2. Department of Health and Human Services;  
3. Department of Justice;  
4. Department of Police, Fi re and Emergency Management;  
5. Department of Premier and Cabinet;  
6. Department of Primary Industries, Parks, Water and Environment;  
7. Department of State Growth;  
8. Department of Treasury and Finance;  
9. House of Assembly;  
10. Legislative Council;  
11. Legislature -General;  
12. Office of the Director of Public Prosecutions;  
13. Office of the Governor;  
14. Office of the Ombudsman;  
15. Tasmanian Audit Office;  
16. Tasmanian Health Service;  
17. Tourism Tasmania.  
Note for Tasmania  
For the entities listed for Tasmania, this Agreement does not cover procurement of health and 
welfare services, education services, or advertising services.  
VICTORIA  
1. Commission for Children and Young People;  
2. Department of Education and Training;  
3. Department of Economic Development, Jobs, Transport and Resources;  
4. Department of Environment, Land, Water and Planning;  
5. Department of Health and Human Services;  
6. Department of Justice and Regulation;  
7. Department of Premier and Cabinet;  
8. Department of Treasury and Finance;  
9. Essential Services Commission;  
10. Game Management Authority;  
11. Indepe ndent Broad -Based Anti -corruption Commission;  
12. Office of Public Prosecutions;  
13. Office of the Chief Commissioner of Police (Victoria Police);  
14. Office of the Commissioner for Environmental Sustainability;  
15. Office of the Fire Services Levy Monitor;  
16. Office of the Freedom of Information Commissioner;  
17. Office of the Legal Services Commissioner;  
18. Office of the Ombudsman;  
19. Office of the Privacy Commissioner;  
20. Office of the Road Safety Camera Commissioner;  
21. Office of the Victorian Inspectorate;  
22. Taxi Services Commission;  GPA/ACC/AUS/36  
 
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  23. Victorian Auditor -General's Office;  
24. Victorian Commission for Gambling and Liquor Regulation;  
25. Victorian Electoral Commission;  
26. Victorian Equal Opportunity and Human Rights Commission;  
27. Victorian Public Sector Commission;  
28. Victorian Responsible Gambling Foundation.  
Note for Victoria  
For the entities listed for Victoria, this Agreement does not cover:  
a. the procurement of motor vehicles; or  
b. procurement by covered entities on behalf of non -covered entities.  
WESTERN AUSTRALIA  
1. Botanic Gardens and Parks Authority;  
2. Corrupt ion and Crime Commission (Western Australia);  
3. Country High Schools Hostels Authority;  
4. Department of Aboriginal Affairs;  
5. Department of Agriculture and Food;  
6. Department for Child Protection and Family Support;  
7. Department of Commerce;  
8. Department of Corrective  Services;  
9. Department of Culture and the Arts;  
10. Department of Education;  
11. Department of Education Services;  
12. Department of Environment Regulation;  
13. Department of Fire and Emergency Services;  
14. Department of Finance;  
15. Department of Fisheries;  
16. Department of Health;  
17. Department of Lands;  
18. Department of Local Government and Communities;  
19. Department of Mines and Petroleum;  
20. Department of Parks and Wildlife;  
21. Department of Planning;  
22. Department of Racing, Gaming and Liquor;  
23. Department of Regional Development;  
24. Department of Sp ort and Recreation;  
25. Department of State Development;  
26. Department of Training and Workforce Development;  
27. Department of Transport  
28. Department of Treasury;  
29. Department of Water;  
30. Department of the Attorney -General;  
31. Department of the Premier and Cabinet;  
32. Departmen t of the Registrar Western Australian Industrial Relations Commission;  
33. Disability Services Commission;  
34. Equal Opportunity Commission;  
35. Gascoyne Development Commission;  
36. Goldfields Esperance Development Commission;  
37. Governor's Establishment;  
38. Great Southern Development Commission;  
39. Heritage Council of Western Australia;  
40. Housing Authority;  
41. Kimberley Development Commission;  
42. Law Reform Commission of Western Australia;  
43. Legislative Assembly;  
44. Legislative Council;  
45. Main Roads Western Australia;  GPA/ACC/AUS/36  
 
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  46. Mid West Development Co mmission;  
47. Minerals Research Institute of Western Australia;  
48. National Trust of Australia (WA);  
49. Office of the Auditor General;  
50. Office of the Director of Public Prosecutions;  
51. Office of the Information Commissioner;  
52. Office of the Inspector of Custodial Service s; 
53. Office of the Parliamentary Commissioner for Administrative Investigations;  
54. Parliamentary Services Department;  
55. Peel Development Commission;  
56. Pilbara Development Commission;  
57. Public Sector Commission;  
58. Public Transport Authority;  
59. Rottnest Island Authority;  
60. Rural Business Development Corporation;  
61. Salaries and Allowances Tribunal;  
62. School Curriculum and Standards Authority;  
63. Small Business Development Corporation;  
64. South West Development Commission;  
65. State Library of Western Australia;  
66. Swan River Trust;  
67. Western Australia Police;  
68. Western Australian Electoral Commission;  
69. Western Australian Land Information Authority (Landgate);  
70. Western Australian Planning Commission;  
71. Western Australian Sports Centre Trust (trading as VenuesWest);  
72. Western Australian Tourism Commissi on; 
73. Wheatbelt Development Commission;  
74. Zoological Parks Authority.  
Note for Western Australia  
For greater certainty, consistent with Article IX.11, in relation to procurements from the 
Department of Finance, Building Management and Works' Prequalification S cheme; and Main 
Road's 'National Prequalification System for Civil (Road and Bridge) Construction Contracts' 
Scheme, requests for participation in a procurement from suppliers not already prequalified at the 
time of tender release will not be considered du e to the time and complexity involved in assessing 
requests. This does not preclude suppliers from applying at any time to become prequalified. 
Prequalification ensures the financial security of building and construction contractors and does not 
discrimina te between local suppliers and the suppliers of other Parties.  
Note to Annex 2  
This Agreement only covers those entities listed in this Annex.  
 GPA/ACC/AUS/36  
 
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  ANNEX 3  
OTHER ENTITIES  
Thresholds:  
Unless otherwise specified, this Agreement covers procurement by entities in this Annex, subject 
to the following thresholds:  
 
Goods       SDR 400,000  
 
Services      SDR 400,000  
 
Construction Services    SDR 5,000,000  
List of Entities:  
1. Australian Communications and Media Authority;  
2. Australian Competition and Consumer Commission;  
3. Australian Financial Security Au thority;  
4. Australian Fisheries Management Authority;  
5. Australian Human Rights Commission;  
6. Australian Institute of Health and Welfare;  
7. Australian Institute of Marine Science;  
8. Australian Maritime Safety Authority;  
9. Australian National Maritime Museum;  
10. Australian Nuclear Science and Technology Organisation;  
11. Australian Pesticides and Veterinary Medicines Authority;  
12. Australian Prudential Regulation Authority;  
13. Australian Securities and Investments Commission;  
14. Australian War Memorial;  
15. Comcare;  
16. Commonwealth Scientific and Industrial Research Organization;  
17. Export Finance and Insurance Corporation;  
18. Grains Research and Development Corporation;  
19. Great Barrier Reef Marine Park Authority;  
20. National Gallery of Australia;  
21. National Museum of Australia;  
22. Old Parliament Ho use; 
23. Reserve Bank of Australia;  
24. Sydney Harbour Federation Trust;  
25. The Director of National Parks;  
26. Tourism Australia.  
Notes to Annex 3  
1.  This Agreement only covers those entities listed in this Annex.  
2.  Until 1 January 2019, this Agreement does not cover the pro curement of motor vehicles  by any 
entity listed in this Annex . 
3.  This Agreement does not cover procurement of telecommunications services by the Australian 
War Memorial.  GPA/ACC/AUS/36  
 
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  ANNEX 4  
GOODS  
1. Unless otherwise specified, this Agreement covers procurement of all goods by the entities 
listed in Annexes 1, 2 and 3.  
2. This Agreement does not cover the procurement of blood and blood -related products, 
including plasma derived products.  GPA/ACC/AUS/36  
 
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  ANNEX 5  
SERVICES  
1. Unless otherwise specified, this Agreement covers all services procured by the entities listed 
in Annexes 1, 2 and 3.  
2. This Agreement does not cover the procurement of:  
a. plasma fractionation services;  
b. government advertising services;  
c. health and welfare services; and  
d. research and development  services.  
Note to Annex 5  
Procurement of services by entities listed in Annexes 1, 2 and 3 is a covered procurement in 
regard of a particular Party's supplier of a service only to the extent that such a Party has covered 
that service under its annexes to its Appendix I.  GPA/ACC/AUS/36  
 
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  ANNEX 6  
CONSTRUCTION SERVICE S 
List of Construction Services (Division 51, CPC Prov.):  
Unless otherwise specified in this Agreement, including in this Annex, this Agreement covers 
procurement of all construction services in Division 51 of the Provisional Central Product 
Classification (CPC Prov.) and the WTO system of classification – MTN.GNS/W/120, procured by 
the entities in Annexes 1, 2 and 3.  GPA/ACC/AUS/36  
 
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  ANNEX 7  
GENERAL NOTES  
The following General Notes apply without  exception to this Agreement, including to Annexes 1 
through 6.  
 
1.  The Agreement does not apply to:  
a. any form of preference to benefit small and medium enterprises;  
b. measures to protect national treasures of artistic, historic, or archaeological value;  
c. measure s for the health and welfare of Indigenous people;  
d. measures for the economic and social advancement of Indigenous people; and  
e. procurement of goods and services outside the territory of the procuring Party for 
consumption outside the territory of the procu ring Party.  
2.  For greater certainty:  
a. the Agreement does not apply to procurement funded by grants and sponsorship 
payments received from persons not listed in Annexes 1, 2 or 3;  
b. the Agreement does not apply to procurement by a procuring entity from another 
government entity;  
c. nothing in this Agreement precludes the procuring Party, or its procuring entities, from 
preparing, adopting or applying technical specifications required to protect sensitive 
government information, including specifications that may affe ct or limit the storage, 
hosting or processing of such information outside the territory of the procuring Party; 
and 
d. a procuring entity may use limited tendering procedures for unsolicited innovative 
proposals under Article XIII:1.  
__________