RESTRICTED  
  
GPA/ACC/AUS/23  
 
8 February 20 17 
(17-0773) Page: 1/3 
Committee on Government Procurement  Original: English  
 
ACCESSION OF AUSTRALIA  TO THE AGREEMENT ON GOVERNMENT PROCUREME NT 
COMMUNICATION FROM CANADA  
The following communication, dated 7 February 2017, is being circulated at the request of the 
Delegation of Canada.  
 
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REQUEST FOR IMPROVEM ENTS FROM C ANADA ON  
AUSTRALIA 'S REVISED OFFER  (GPA/ACC/AUS/17)  
Canada thanks Australia for submitting its revised market access offer (GPA/ACC/AUS/17). The 
following document provides Canada 's comments, questions and requests for improvements on 
Australia 's revised offer. Canada reserves the right to amend any of its requests for improvements 
over the course of these negotiations.  
 
Annex 1 – Central Governmental Entities  
 
1. Australia has not addressed Canada 's earlier request to add two entities to Annex 1. Please 
add the following entities:  
a. Australian Transport Safety Bureau; and  
b. Old Parliament House.  
2. In addition, Canada request s that Australia include s the National Health and Medical 
Research Council, whic h is covered in the Australia -US FTA under its old name (The Na tional 
Institute of Clinical Studies Ltd). Given that the aforementioned entity is a non -corporate 
Commonwealth entity, we are of the view that it should be listed in Annex 1.  
3. In response to Canada 's initial request for improvements (GPA/ACC/AUS/10), Aust ralia 
noted that the "Australian Government does not intend for [the Australian industry capability 
program] to be used at any time to exclude any particular procurement or procurements that 
would otherwise be covered. " Canada thanks Australia for this pre cision and requests that it be 
reflected in the language of N ote 4.d. of Annex 1.  
Annex 2 – Sub-Central Governmental Entities  
 
4. Can Australia please clarify whether subordinate entities to the entities listed in Annex 2 are 
covered? In its reply to the Eur opean Union regardin g TransLink (GPA/ACC/AUS/18, p. 6), Australia 
states that TransLink is covered under Annex 2 as it is "part" of an other entity listed under 
Annex  2. 
5. Northern Territory:  
a. It is our understanding that the Central Australian Hospital Networ k and the Top End 
Hospital Network operate as a Government Business Division within the Department of GPA/ACC/AUS/23  
 
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  Health. Can Australia confirm whether these two entities are covered as part of the 
Department of Health?  
b. Please add the following entities:  
 Department of  Transport; and  
 Department of Infrastructure.  
6. Queensland:  
a. Training services are not covered for Queensland. Can Australia please explain why?  We 
note that this is the only jurisdiction in Australia where training services are not covered.  
b. Canada requests a full listing of Queensland 's departments, or parts of departments that 
deliver health, education, training or arts services, that would be removed from 
coverage as per note 1.b.  
7. South Australia:  
a. Canada requests that the Legal Services Commission be re -introduced in Annex 2 as it is 
our understanding that more than 80% of the Commission 's funding comes from grants 
provided by Commonwealth and State governments.  
8. Western Australia:  
a. The Note for Western Australia is inconsistent with GPA Article IX:11 on m ulti-use lists. 
We therefore request that Australia delete the phrases "For greater certainty, consistent 
with Article IX.11 " found at the beginning of the note.  
9. Can Australia please confirm whether the Department of Transport, or the entity(ies) in 
charge  of transportation matters, are listed for every State and Territory in Australia?  
10. Please delete Notes 2 and 3. They are unnecessary and, combined, they have the effect of 
extending Annex 2 coverage to all current GPA Parties.  
Annex 3 – Other Entities  
 
11. Please lower thresholds for goods and services to SDR 355,000. No GPA Party has a 
combination of thresholds for goods and services as high as the one proposed by Australia. In 
almost all cases where a GPA Party has thresholds of SDR 400,000 for goods and ser vices under 
Annex 3, their thresholds for goods and services under Annex 2 are SDR 200,000.  
12. Please move all non -corporate Commonwealth entities from Annex 3 to Annex 1, including:  
a. Australian Communications and Media Authority;  
b. Australian Competition and C onsumer Commission;  
c. Australian Financial Security Authority;  
d. Australian Fisheries Management Authority;  
e. Australian Prudential Regulation Authority;  
f. Australian Securities and Investments Commission; and  
g. Great Barrier Reef Marine Park Authority.  GPA/ACC/AUS/23  
 
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  13. Canada requ ests the inclusion of corporate Commonwealth entities to Annex 3, including:  
a. The Australian Postal Corporation;  
b. Australia Renewable Energy Agency;  
c. National Library of Australia; and  
d. National Portrait Gallery of Australia.  
Annexes 1 to 3  
 
14. Please remove all  the N otes excluding from coverage the procurement of motor vehicles.  
Annex 5  - Services  
 
15. Canada thanks Australia for using a negative list similar to the one from its TPP offer.  
16. Canada requests the deletion of the reciprocity note found in Annex 5.  
Annex 7 – General Notes  
 
17. In accordance with paragraph 2 of the Decision of the Committee on Government 
Procurement on a Work Programme on SMEs (GPA/113 Appendix 2, Annex C), Canada is seeking 
assurances from Australia that any discriminatory measures that favour  SMEs will not discriminate 
against SMEs from other GPA Parties. Canada requests that Australia amend s General Note 1.a. so 
as to provide such assurances.  
18. In discussions with Canada, Australia emphasized that Australian businesses can be 
considered SMEs if  they employ less than 200 employees. Canada reques ts that N ote 1.a. include 
language reflecting this size limit.  
19. Canada understands GPA Article III to allow GPA Parties to take the actions necessary for 
the fulfillment of their obligations with respect to  the maintenance or restoration of international 
peace or security. Canada therefore requests that Australia delete s Note 2.c ., which is 
unnecessary.  
20. In Canada 's view, nothing in the GPA prevents Parties from protecting sensitive government 
information. Ca nada therefore requests that Australia delete s Note 2.d ., which is unnecessary.  
21. Alternatively, Canada may be prepared to address the two previous points through means 
other than Australia 's market access offer. For example, Canada may look at the feasibili ty of 
addressing such issues through a GPA Committee decision.  
22. Please move N ote 2.e. as a stand -alone note, so as to detach it from the "for greater 
certainty " chapeau. We also suggest changing the wording of the Note to: "A procuring entity may 
use limite d tendering procedures for unsolicited innovated proposal in accordance with Article XIII 
of the Revised GPA ." 
 
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