Consolidated TPP Text – Annex 15-A – Schedule of Australia

Section A: Central Government Entities

Thresholds:

1. Chapter 15 (Government Procurement) shall apply to central government entities listed in this Section where the value of the procurement is estimated, in accordance with Article 15.2.8 (Scope), to equal or exceed:

2. The monetary thresholds set out in paragraphs 1(a) and 1(b) shall be adjusted in accordance with Section H of this Schedule.

List of Entities:

Notes to Section A

1. Chapter 15 (Government Procurement) shall only cover those entities listed (including an office within a listed entity) in this Section.

2. Chapter 15 (Government Procurement) shall not cover the procurement of motor vehicles by any entity listed in this Section.

3. Chapter 15 (Government Procurement) shall not cover procurement relating to the functions of the Australian Government Solicitor.

4. Department of Defence

Department of Defence procurement
GoodsApproximately equivalent to:
WeaponsFSC 10
Fire Control EquipmentFSC 12
Ammunition and ExplosivesFSC 13
Guided MissilesFSC 14
Aircraft and Airframe Structural ComponentsFSC 15
Aircraft Components and AccessoriesFSC 16
Aircraft Launching, Landing, & Ground Handling EquipmentFSC 17
Space VehiclesFSC 18
Ships, Small Craft, Pontoons and Floating DocksFSC 19
Ship and Marine EquipmentFSC 20
Ground Effect Vehicles, Motor Vehicles, Trailers and CyclesFSC 23
Engines, Turbines, and ComponentsFSC 28
Engines AccessoriesFSC 29
BearingsFSC 31
Water Purification and Sewage Treatment EquipmentFSC 46
ValvesFSC 48
Maintenance and Repair Shop EquipmentFSC 49
Prefabricated Structures and ScaffoldingFSC 54
Communication, Detection, and Coherent Radiation EquipmentFSC 58
Electrical and Electronic Equipment ComponentsFSC 59
Fiber Optics Materials, Components, Assemblies, and AccessoriesFSC 60
Electric Wire, and Power and Distribution EquipmentFSC 61
Alarm, Signal and Security Detection SystemsFSC 63
Instruments and Laboratory EquipmentFSC 66
Specialty MetalsNo Code

Section B: Sub-Central Government Entities

Thresholds:

1. Chapter 15 (Government Procurement) shall apply to sub-central government entities listed in this Section where the value of the procurement is estimated, in accordance with Article 15.2.8 (Scope), to equal or exceed:

2. The monetary thresholds set out in paragraphs 1(a) and 1(b) shall be adjusted in accordance with Section H of this Schedule.

List of Entities:

Chapter 15 (Government Procurement) shall cover only those entities specifically listed in this Section.

Australian Capital Territory

Note: For the entities listed for the Australian Capital Territory, Chapter 15 (Government Procurement) shall not cover the procurement of health and welfare services, education services, utility services, or motor vehicles.

New South Wales

Note:

1. For the entities listed for New South Wales, Chapter 15 (Government Procurement) shall not cover the procurement of health and welfare services, education services or motor vehicles.

2. For the entities listed for New South Wales, Chapter 15 (Government Procurement) shall not apply to procurements undertaken by a covered entity on behalf of a non-covered entity.

3. Chapter 15 (Government Procurement) shall not cover procurement related to the functions of the Privacy Commission by the Information and Privacy Commission.

4. Chapter 15 (Government Procurement) shall not cover 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

Note: For the entities listed for the Northern Territory, Chapter 15 (Government Procurement) 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

Entities declared to be departments pursuant to section 14 of the Public Service Act 2008 (Qld):

Note:

1. For the entities listed for Queensland, Chapter 15 (Government Procurement) shall not apply to procurement:

2. For entities listed for Queensland, Article 15.16.3(f) (Post Award Information) shall not apply for a period of three years from the date of entry into force of Chapter 15 (Government Procurement), so as to allow time for the entities listed for Queensland to make necessary modifications to electronic means to enable the publication of such information.

South Australia

Note: For the entities listed for South Australia, Chapter 15 (Government Procurement) shall not cover the procurement of health and welfare services, education services, advertising services or motor vehicles.

Tasmania

Note: For the entities listed for Tasmania, Chapter 15 (Government Procurement) shall not cover the procurement of health and welfare services, education services, or advertising services.

Victoria

Note:

1. For the entities listed for Victoria, Chapter 15 (Government Procurement) shall not cover the procurement of motor vehicles.

2. For the entities listed for Victoria, Chapter 15 (Government Procurement) shall not apply to procurement by covered entities on behalf of non-covered entities.

Western Australia

Note: For greater certainty, consistent with Article 15.9.9 (Qualification of Suppliers), 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) Construction 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 suppliers 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.

Notes to Section B

For entities listed in this Section:

1. Australia offers coverage of sub-central entities listed in this Section only to Canada, Chile, Japan, Mexico and Peru.  Australia is prepared to extend coverage of this Section to other Parties upon negotiation of mutually acceptable concessions.

2. A service listed in Section E (Services) is covered with respect to Canada and Mexico only to the extent that Party has covered that service in their Schedule.

3. In relation to multi-use lists:

4. For Mexico, Australia may set aside from the obligations of Chapter 15 (Government Procurement) each fiscal year following the date of entry into force of this Agreement the respective percentage specified in paragraph 5 the total value of procurement contracts for goods and services, and any combination thereof, and construction services procured by the States and Territories in the year that are above thresholds set out in this Section.

5. The percentages referred to in paragraph 4 are as follows:

Year 1Year 2Year 3Year 4Year 5Year 6Year 7Year 8Year 9Year 10 and thereafter
50%45%45%40%40%35%35%30%30%0%

Section C: Other Entities

Thresholds:

1. Chapter 15 (Government Procurement) shall apply to other covered entities listed in this Section where the value of the procurement is estimated, in accordance with Article 15.2.8 (Scope), to equal or exceed:

2. The monetary thresholds set out in paragraphs 1(a) and 1(b) shall be adjusted in accordance with Section H of this Schedule.

List of Entities:

Notes to Section C

1. Chapter 15 (Government Procurement) shall cover only those entities listed in this Section.

2. For the entities listed in this Section, Chapter 15 (Government Procurement) shall not cover the procurement of motor vehicles.

3. Chapter 15 (Government Procurement) shall not cover procurement of telecommunications services by the Australian War Memorial.

Section D: Goods

1. Chapter 15 (Government Procurement) shall apply to all goods procured by the entities listed in Sections A, B and C, unless otherwise specified in Chapter 15 (Government Procurement), including this Schedule.

2. Chapter 15 (Government Procurement) shall not cover the procurement of blood and blood-related products, including plasma derived products.

Section E: Services

Chapter 15 (Government Procurement) shall apply to all services procured by the entities listed in Sections A, B and C, unless otherwise specified in Chapter 15 (Government Procurement), including this Schedule.

Chapter 15 (Government Procurement) shall not cover the procurement of:

Section F: Construction Services

Chapter 15 (Government Procurement) shall apply to all construction services procured by the entities listed in Sections A, B and C, unless otherwise specified in Chapter 15 (Government Procurement), including in this Schedule.

Section G: General Notes

Unless otherwise specified herein, the following General Notes in Australia’s Schedule shall apply without exception to Chapter 15 (Government Procurement), including to all Sections of this Schedule.

1. Chapter 15 (Government Procurement) shall not apply to:

2. For greater certainty:

Section H: Threshold Adjustment Formula

1. The thresholds shall be adjusted in every even-numbered year with each adjustment taking effect on January 1, beginning on January 1 of the first even numbered year after the date of entry into force of this Agreement for Australia.

2. Every two years, Australia shall calculate and publish the value of the thresholds under Chapter 15 (Government Procurement) expressed in Australian dollars. These calculations shall be based on the conversion rates published by the International Monetary Fund in its monthly International Financial Statistics.

3. The conversion rates shall be the average of the daily values of the Australian dollar in terms of the Special Drawing Rights (SDR) over the two-year period preceding October 1 or November 1 of the year before the adjusted thresholds are to take effect, and rounded to the nearest thousand Australian dollars.

4. Australia shall notify the other Parties of the current thresholds in its currency immediately after this Agreement enters into force, and the adjusted thresholds in its currency thereafter in a timely manner.

5. Australia shall consult if a major change in its national currency relative to the SDR or to the national currency of another Party were to create a significant problem with regard to the application of Chapter 15 (Government Procurement).

Section I: Procurement Information

All information on government procurement is published on the following websites:

Legislation and Regulations

Australian Government Tender System

Section J: Transitional Measures

None.

Date Modified: