RESTRICTED  
  
GPA/ACC/AUS/17  
 
30 September 2016  
(16-5237) Page: 1/15 
Committee on Gove rnment Procurement  Original: English  
 
ACCESSION OF AUSTRAL IA TO THE AGREEMENT ON GOVERNMENT PROCUR EMENT  
REVISED  OFFER  
The following communication, dated 30 September 2016, is being circulated at the request of the 
delegation of Australia.  
 
 
_______________  
NOTE RELATING TO ACC ESSION TO THE AGR EEMENT ON  
GOVERNMENT PROCUREME NT BY AUSTRALIA  
1.  Australia has the honour to present a revised market access offer to members of the World 
Trade Organization Agreement on Government Procurement.  
2.  This new market access offer builds on the ambitious initial off er made by Australia in 
September 2015.  In the context of Australia 's domestic government procurement policy 
environment, it responds to the majority of requests and comments received from GPA Members.  
3.  Members will note the additional areas of market acces s, including on services coverage 
(changed from a positive to a negative list) and sub -central entity coverage.  Australia has also 
reviewed and streamlined Annex 7 General Notes, including on motor vehicles and data storage, 
as well as notes concerning rec iprocity on sub -central coverage. The offer has also been updated 
for machinery of government changes since central and sub -central government elections – these 
are nomenclature changes and do not affect coverage.  
 
_______________  
 
 
Australia submits the f ollowing  second  market access offer for consideration by the World Trade 
Organization Government Procurement Agreement Parties.  
 
This offer is w ithout prejudice and subject to c omparable market access offered by other Parties.  
 
Australia reserves the right  to withdraw, modify, or reduce this offer in whole or in part, at any 
time prior to conclusion of the accession negotiations. Australia reserves the right to correct any 
errors or omissions.  GPA/ACC/AUS/17  
 
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  REVISED  OFFER OF AUSTRALIA  
APPENDIX  I 
(Authentic in the Englis h Language)  
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 Co mmission  (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 Mana gement (AOFM) ; 
13. Australian Public Service Commission ; 
14. Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) ; 
15. Australian Research Council ; 
16. Australian Taxation Office ; 
17. Australian Trade and Investment Commission (Austrade) ; 
18. Australian Transaction  Reports and Analysis Centre (AUSTRAC) ; 
19. Bureau of Meteorology ; 
20. Commonwealth Grants Commissi on; 
21. Department of Agriculture  and Water Resources;  
22. Department of Communications  and the Arts;  
23. Department of Defence ; 
24. Department of Education and Training ; 
25. Department  of Employment ; 
26. Department of Finance ; 
27. Department of Foreign Affairs and Trade ; 
28. Department of Health ; 
29. Department of Human Services ; 
30. Department of Immigration and Border Protection ; 
31. Department of Industry , Innovation and Science;  
32. Department of Infrastructur e and Regional Development ; 
33. Department of Parliamentary Services ; 
                                                
 In English only.  GPA/ACC/AUS/17  
 
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  34. Department of Social Services ; 
35. Department of the Environment  and Energy;  
36. Department of the House of Representatives ; 
37. Department of the Prime Minister and Cabinet ; 
38. Department of the Senate ; 
39. Department of the Treasury ; 
40. Department of Veterans ' Affairs ; 
41. Fair Work Commission ; 
42. Federal Court of Australia;  
43. Geoscience Australia;  
44. Inspector -General of Taxation ; 
45. IP Australia;  
46. National Archives of Australia;  
47. National Blood Authority ; 
48. National Capital Auth ority; 
49. National Competition Council ; 
50. Office of Parliamentary Counsel ; 
51. Office of the Australian Accounting Standards Board ; 
52. Office of the Australian Information Commissioner ; 
53. Office of the Commonwealth Ombudsman ; 
54. Office of the Director of Public Prosecution s; 
55. Office of the Fair Work Ombudsman ; 
56. Office of the Inspector -General of Intelligence and Security ; 
57. Office of the Official Secretary to the Governor -General ; 
58. Productivity Commission ; 
59. Professional Services Review Scheme ; 
60. Royal Australian Mint ; 
61. Safe Work Australia;  
62. Seafarers Safety, Rehabilitation and Compensation Authority (Seacare Authority) ; 
63. 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.  This A greement does not cover the procurement of motor vehicles 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 Eq uipment  FSC 20  
Ground Effect Vehicles, Motor Vehicles, Trailers, and Cycles  FSC 23  GPA/ACC/AUS/17  
 
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   Approximately 
equivalent to:  
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 
Accessori es 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 United 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 Syst em and the WTO system of classification – MTN.GNS/W/1 20, 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, 
modifi cation, 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 procurement of goods and services by, or on behalf 
of, the Defence I ntelligence 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 Agreement 
(General Principles) the Australian Government reserv es 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/17  
 
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ANNEX 2  
SUB-CENTRAL GOVERNMENT E NTITIES  
Thresholds:  
Unless otherwise sp ecified, 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 TER RITORY  
1. ACT Au ditor-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 Train ing 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 Service s 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 services, 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. Departme nt of Education;  
5. Department of Family and Community Services ; 
6. Department of Finance , Services  and Innovation;  
7. Depar tment of Industry, Skills and Regional Development;  
8. Department of Justice;  
9. Departmen t 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/17  
 
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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 Assistance Authority ; 
23. New South Wales Rural F ire 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 . 
Notes for New South Wales  
1. For entities listed for New South Wales, t his Agreement does not cove r:  
 
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 Info rmation 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 As sembly;  
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 Community Services Complaints Commission;  
14. Museum and Art Gallery of the No rthern 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/17  
 
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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 Territory  
For entities listed for the Northern Territory, this Agreement doe s 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 ser vices, arts services, 
welfare services, government advertising and motor vehicles.  
2. For the entities listed for Queensland, Article XVI.2 (Transpar ency of Procurement 
Information  - Publication 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 C ommunities and Social Inclusion;  
7. Depar tment 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 Treasur y and Finance ; 
16. Electoral Commission SA ; 
17. Environment Protection Authority ; 
18. Independent Gambling Authority ; 
19. Parliament of South Australia;  
20. South Au stralia Police;  GPA/ACC/AUS/17  
 
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  21. South Australian Fire and Emergency Services Commission ; 
22. South Australian Metropolitan Fire Ser vices; 
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, educa tion 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 , Fire 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 servic es. 
VICTORIA  
1. Commission for Children and Young People ; 
2. Depar tment of Education and Training;  
3. Department of Economic Development, Jobs, Transport and Resources ; 
4. Department of Enviro nment, Land, Water and Planning;  
5. Department o f 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. Independent Broad -Based Anti -corruption Com mission;  
12. Office of Public Prosecutions;  
13. Office o f the Chief Commissio ner 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/17  
 
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  23. Victorian Auditor -General's Office;  
24. Victorian Commission for  Gambling and Liquor Regulati on; 
25. Victorian Electoral Commission ; 
26. Victorian Equal Opportun ity and Human Rights Commission;  
27. Victorian Public Sector Commission ; 
28. Victorian Responsible Gambling Foundation . 
Notes for Victoria  
1. For the entities listed for Victoria, this Agreement does not cov er: 
 
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. Corruption and Crime Commission (Western Australia);  
3. Country High Schools Hostels Authorit y; 
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 Sport and Recreation;  
25. Department of State Development;  
26. Department of Training and Wor kforce 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. Department of the Registrar Western Australian Industrial Relations Commission;  
33. Disability S ervices 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. Kimbe rley Development Commission;  
42. Law Reform Commission of Western Australia;  
43. Legislative Assembly;  
44. Legislative Council;  
45. Main Roads Western Australia;  GPA/ACC/AUS/17  
 
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  46. Mid West Development Commission;  
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 Services;  
53. Office of the Parliamentary Commissioner for Administrative Investigations;  
54. Parliame ntary 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 Curric ulum 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 Inform ation Authority (Landgate);  
70. Western Australian Planning Commission;  
71. Western Australian Sports Centre Trust (trading as VenuesWest);  
72. Western Australian Tourism Commission;  
73. Wheatbelt Development Commission;  
74. Zoological Parks Authority.  
Note  for Western Austra lia 
For greater certai nty, consistent with Article IX.11 , in relation to procurements from the 
Department of Finance, Building Management and Works ' Prequalification Scheme; and Main 
Road's 'National Prequalification System for Civil (Road and Bridge) Cons truction Contracts ' 
Scheme, requests for participation in a procurement from suppliers not already prequalified at the 
time of tender release will not be considered due to the time and complexity involved in assessing 
requests. This does not preclude suppl iers from applying at any  time to become prequalified. 
Prequalification ensures the financial security of building and construction contractors and does not 
discriminate between local suppliers and the suppliers of other Parties.  
 
Note s to Annex 2  
1.  This Agr eement only covers those entities listed in this Annex.  
2.  Procurem ent by entities listed in  this Annex is considered covered procurement in regard of a 
particular Party 's supplier provided  such a Party  also covers sub -central government entities under 
Annex 2 to its Appendix I . 
3.  Procurement by entities listed in this Annex is considered covered procurement in regard of a 
supplier  from Aruba;  Hong Kong China and Singapore.  
 GPA/ACC/AUS/17  
 
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ANNEX 3  
OTHER ENTITIES  
Thresholds:  
Unless otherwise specified, this Agreement covers pr ocurement 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 C onsumer Commission ; 
3. Australian Financial Security Authority ; 
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 Autho rity; 
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. Austr alian 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. Reserve Bank of Australia;  
23. Sydney Harbour Federation Trust ; 
24. The Director of National Parks ; 
25. Tourism Australia.  
Notes to Annex 3  
1.  This Agreement only covers those entities listed in this Annex.  
2.  This Agreement does not cover the procu rement of motor vehicles.  
3.  This Agreement does not cover procurement of telecommunications services by the Australian 
War Memorial.  GPA/ACC/AUS/17  
 
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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/17  
 
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ANNEX 5  
SERVICES  
1. Unless otherwise specified, t his 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  
Procurem ent 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 a nnexes to its Appendix I . GPA/ACC/AUS/17  
 
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ANNEX 6  
CONSTRUCTION SERVICE S 
List of Construction Service s (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 syste m of classification – MTN.GNS/W/120 , procured by 
the entities in Annexes 1, 2 and 3 . GPA/ACC/AUS/17  
 
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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. measures for the health and welfare of Indigenous people;  
d. measures for the economic and social advancement of Ind igenous people; and  
e. procurement of goods and services outside the territory of the procuring Party for 
consumption outside the territory of the procuring Party.  
2.  For greater certainty:  
a. the Agreement does not apply to procurement funded by grants and sponso rship 
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. without limiting Article III (Security and Exceptions) nothing in this Agreement shall b e 
construed to preclude an entity listed in Annex 1, 2 or 3 from taking any action or not 
disclosing any information that it considers necessary for the fulfillment of its obligations 
with respect to the maintenance or restoration of international peace or  security ;  
d. 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 affect or limit the storage, 
hosting or processing of such information outside the territory of the procuring  Party; 
and 
e. a procuring entity may use limited tendering procedures for unsolicited innovative 
proposals under Article XIII:1 . 
 
__________