RESTRICTED  
  
GPA/ACC/AUS/3  
 
25 September 2015  
(15-4988)  Page: 1/2  
Committee on Government Procurement  Original: English  
 
 ACCESSION OF AUSTRALIA TO THE AGREEMENT ON GOVERNMENT PROCUREMENT 
COMMUNICATION FROM HONG KONG, CHINA 
The following communication, dated 24 September 2015,  is being circulated at the request of the 
Delegation of Hong Kong, China. 
 
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COMMENTS FROM HONG KONG, CHINA REGARDING 
THE INITIAL OFFER OF AUSTRALIA 
Hong Kong, China thanks Australia for the submission of its initial offer to accede to the 
Agreement on Government Procurement (GPA) circulated on 8 September 2015. While the offer 
appears to be comprehensive, Hong Kong, China would like to submit the following request for 
clarifications on and improvements in Australia's initial offer. Hong Kong, China reserves its right to modify or expand its request at any time. 
Annex 1 – Central Government Entities 
1. Hong Kong, China would like to understand the rationale behind the reservation under 
note 2 applicable to procurement by or on behalf of the Australian Government Solicitor. As 
Article III of the GPA already provides for security and general exceptions, Hong Kong, China 
would also appreciate explanation for the reservation under note 3(c) applicable to procurement of all goods and services by, or on behalf of, the Defence Intelligence Organisation, the Australian Signals Directorate, or the Australian Geospatial-Intelligence Organisation. 
2. Australia reserves the right to maintain the "Australian industry capacity program and its 
successor programs and policies" under note 3(d). Hong Kong, China would like to obtain clarifications regarding the nature of these programs, and their relationships with national security. 
Annex 2 – Sub-Central Government Entities 
3. Hong Kong, China notices that Australia's initial offer is subject to reciprocity in relation to 
Annex 2 entities coverage. As Hong Kong, China has no Annex 2 entities, Hong Kong, China can 
neither offer any commitment nor impose any restriction at this level. Hong Kong, China would 
appreciate clarifications on this reciprocity arrangement. 
4. It is noted that the Integrity Commission in Tasmania is not included in the Annex 2. 
Hong Kong, China would welcome explanations for this exclusion. 
5. The listing for Queensland refers to, on top of four named entities, section 14 of the Public 
Service Act 2008 (Qld), which points to entities "declared to be a department of government" by Queensland Government Gazette. Hong Kong, China discerns from Queensland Government 
Gazette No. 51 dated 1 November 2013 that there are in total 21 departments (pp. 34-35 of 
https://publications.qld.gov.au/storage/f/2013-11-28T05%3A55%3A24.608Z/08-11-13-
combined-gazette.pdf ). Hong Kong, China would like to confirm if all such departments are 
therefore covered by Australia's commitments. GPA/ACC/AUS/3 
 
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  Annex 3 – Other Entities 
6. Noting that telecommunications services are not featured in Annex 5 (Services), 
Hong Kong, China would suggest that Australia review whether the reservation under note 2 
applicable to procurement of telecommunications services by the Australian War Memorial can be 
removed. 
Annex 7 – General Notes 7. Hong Kong, China would be interested to know the rationale behind the reservation 
applicable to the procurement of motor vehicles under note 1(g). 
8. Australia in note 4 provides that purchase of goods or services as a result of an "unsolicited 
innovative proposal" is not considered a covered procurement. In this regard, Australia may wish to, for the sake of clarity and transparency, cons ider adopting the model in New Zealand's offer, 
i.e. to refer to a government guidance document setting out how procuring entities should respond 
to "Unsolicited Unique Proposals". 
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