Annex 14-A: Schedule of Australia

Section A: Central Government Entities

Thresholds:

1. This Chapter shall apply to central government entities listed in this Section where the value of the procurement is estimated, in accordance with Article 14.2.8, to equal or exceed:

  1. for procurement of goods and services: 130,000 SDRs; and
  2. for procurement of construction services: 5,000,000 SDRs.

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:

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 (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. 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 Trade

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

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 Commission

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. Fair Work Ombudsman and Registered Organisations Commission Entity

57. Office of the Inspector-General of Intelligence 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 Section A:

1. This Chapter shall only apply to those entities listed (including an office within a listed entity) in this Section.

2. This Chapter shall not apply to the procurement of motor vehicles by any entity listed in this Section.

3. This Chapter shall not apply to procurement relating to the functions of the Australian Government Solicitor.

4. Department of Defence:

  1. this Chapter shall not apply to Department of Defence procurement of the following goods due to Article 28.2 (Security 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, & 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
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 theUnited States Federal Supply Codes, to which the Australian categories are approximately equivalent, see https://www.fbo.gov/.

  1. for Australia, this Chapter shall not apply to the following services, as elaborated in the Common Classification System and the WTO system of classification – MTN.GNS/W/120, due to Article 28.2 (Security Exceptions):1
    1. 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);
    2. operation of Government-owned Facilities (approximately equivalent to U.S. Product Service Code M);
    3. space services (AR, B4 & V3); and
    4. services in support of military forces overseas.
  2. this Chapter shall not apply to the procurement of goods and services by, or on behalf of, the Defence Intelligence Organisation, the Australian Signals Directorate, or the Australian Geospatial-Intelligence Organisation; and
  3. in respect of Article 14.4 the Australian Government reserves the right, pursuant to Article 28.2 (Security Exceptions), to maintain the Australian industry capability programme and its successor programmes and policies.

Section B: Sub-Central Government Entities

Thresholds:

1. This Chapter shall apply to sub-central government entities listed in this Section where the value of the procurement is estimated, in accordance with Article 14.2.8, to equal or exceed:

  1. for procurement of goods and services, 355,000 SDR; and
  2. for procurement of construction services, 5,000,000 SDR.

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:

This Chapter shall apply only to those entities specifically listed in this Section.

Australian Capital Territory

1. ACT Auditor-General

2. ACT Gambling and Racing Commission

3. ACT Insurance Authority

4. Chief Minister, Treasury and Economic Development Directorate

5. Community Services Directorate

6. Cultural Facilities Corporation

7. Education and Training Directorate

8. Environment and Planning Directorate

9. Health Directorate

10. Housing ACT

11. Independent Competition and Regulatory Commission

12. Justice and Community Safety Directorate

13. Legal Aid Commission

14. Ombudsman of the ACT

15. Transport Canberra and City Services (TCCS) Directorate

Note: For the entities listed for the Australian Capital Territory, this Chapter shall not apply to 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. Department of Education

3. Department of Family and Community Services

4. Department of Finance, Services and Innovation

5. Department of Industry, Skills and Regional Development

6. Department of Justice

7. Department of Planning and Environment

8. Department of Premier and Cabinet

9. Environment Protection Authority

10. Fire and Rescue NSW

11. Health Care Complaints Commission

12. Information and Privacy Commission NSW (Note 3)

13. Legal Aid NSW

14. Ministry of Health

15. Multicultural NSW

16. New South Wales Crime Commission

17. NSW Crown Solicitor’s Office

18. NSW Education Standards Authority

19. NSW Electoral Commission

20. NSW Food Authority

21. NSW Law Enforcement Conduct Commission

22. NSW Ombudsman

23. NSW Parliamentary Counsel’s Office

24. NSW Rural Assistance Authority

25. NSW Rural Fire Service

26. NSW State Emergency Service

27. Office of the Director of Public Prosecutions NSW

28. Office of Environment and Heritage

29. Office of Local Government

30. Public Service Commission

31. State Insurance Regulatory Authority

32. Sydney Harbour Foreshore Authority

33. Sydney Olympic Park Authority

34. The Audit Office of NSW

35. The Treasury

36. Transport for NSW(Note 4)

Notes:

1. For the entities listed for New South Wales, this Chapter shall not apply to the procurement of health and welfare services, education services or motor vehicles.

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

3. This Chapter shall not apply to procurement related to the functions of the Privacy Commission by the Information and Privacy Commission NSW.

4. This Chapter shall not apply to 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 Health

7. Department of Housing and Community Development

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 Community Services Complaints Commission

14. Land Development Corporation

15. Museum and Art Gallery of the Northern Territory

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

22. Remuneration Tribunal

23. Strehlow Research Centre

24. Territory Families

25. Utilities Commission of the Northern Territory

26. Work Health Authority

Note: For the entities listed for the Northern Territory, this Chapter shall not apply to 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 Service Commission

5. Public Trust Office

Notes:

1. For the entities listed for Queensland, this Chapter shall not apply to procurement:

  1. by covered entities on behalf of non-covered entities;
  2. undertaken by departments, or parts of departments, which deliver health, education, training or arts services; or
  3. of health services, education services, training services, arts services, welfare services, government advertising and motor vehicles.

2. For entities listed for Queensland, Article 14.14.3(f) shall not apply for a period of three years from the date of entry into force of this Agreement, 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

1. Attorney-General's Department

2. Auditor-General's Department

3. Country Fire Service

4. Courts Administration Authority

5. Defence SA

6. Department for Child Protection

7. Department for Communities and Social Inclusion

8. Department for Correctional Services

9. Department for Education and Child Development

10. Department for Health and Ageing

11. Department of Environment, Water and Natural Resources

12. Department of Planning, Transport and Infrastructure

13. Department of Primary Industries and Regions

14. Department of State Development

15. Department of the Premier and Cabinet

16. Department of Treasury and Finance

17. Electoral Commission of South Australia

18. Environment Protection Authority

19. Independent Gambling Authority

20. Parliament of South Australia

21. SAFECOM

22. SA Tourism Commission

23. South Australian Metropolitan Fire Service

24. South Australia Police

25. State Emergency Service

26. State Procurement Board

27. TAFE SA

Note: For the entities listed for South Australia, this Chapter shall not apply to 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, 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

Notes:

1. For the entities listed for Tasmania, this Chapter shall not apply to the procurement of health and welfare services, education services, or advertising services.

2. For the entities listed for Tasmania, Articles 14.6.1 and 14.6.3(h) and Article 14.8 shall not apply with respect to Multi-Use Lists.

Victoria

1. Department of Economic Development, Jobs, Transport and Resources

2. Department of Education and Training

3. Department of Environment, Land, Water and Planning

4. Department of Health and Human Services

5. Department of Justice and Regulation

6. Department of Premier and Cabinet

7. Department of Treasury and Finance

8. Essential Services Commission

9. Independent Broad-Based Anti-corruption Commission

10. Office of Infrastructure Victoria

11. Office of Public Prosecutions

12. Office of the Chief Commissioner of Police (Victoria Police)

13. Office of the Commission for Children and Young People

14. Office of the Commissioner for Environmental Sustainability

15. Office of the Commissioner for Privacy and Data Protection

16. Office of the Freedom of Information Commissioner

17. Office of the Game Management Authority

18. Office of the Ombudsman

19. Office of the Road Safety Camera Commissioner

20. Office of the Victorian Fisheries Authority

21. Office of the Victorian Legal Services Commissioner

22. Office of the Victorian Responsible Gambling Foundation

23. Taxi Services Commission

24. Victorian Auditor-General’s Office

25. Victorian Commission for Gambling and Liquor Regulation

26. Victorian Electoral Commission

27. Victorian Equal Opportunity and Human Rights Commission

28. Victorian Public Sector Commission

29. Victorian Inspectorate

Notes:

1. For the entities listed for Victoria, this Chapter shall not apply to the procurement of motor vehicles.

2. For the entities listed for Victoria, this Chapter shall not apply to procurement by covered entities on behalf of non-covered entities.

3. For the entities listed for Victoria, this Chapter shall not apply to procurement conducted by the office of Head, Transport for Victoria.

Western Australia

1. Corruption and Crime Commission (Western Australia)

2. Country High Schools Hostels Authority

3. Department of Biodiversity, Conservation and Attractions

4. Department of Communities

5. Department of Education

6. Department of Finance

7. Department of Fire and Emergency Services

8. Department of Health

9. Department of Jobs, Tourism, Science and Innovation

10. Department of Justice

11. Department of Local Government, Sports and Cultural Industries

12. Department of Mines, Industry Regulation and Safety

13. Department of Planning, Lands and Heritage

14. Department of Primary Industries and Regional Development

15. Department of the Premier and Cabinet

16. Department of the Registrar Western Australian Industrial Relations Commission

17. Department of Training and Workforce Development

18. Department of Transport

19. Department of Treasury

20. Department of Water and Environmental Regulation

21. Equal Opportunity Commission

22. Governor's Establishment

23. Heritage Council of Western Australia

24. Law Reform Commission of Western Australia

25. Legislative Assembly

26. Legislative Council

27. Main Roads Western Australia

28. Minerals Research Institute of Western Australia

29. National Trust of Australia (WA)

30. Office of the Auditor General

31. Office of the Director of Public Prosecutions

32. Office of the Information Commissioner

33. Office of the Inspector of Custodial Services

34. Office of the Parliamentary Commissioner for Administrative Investigations

35. Parliamentary Services Department

36. Public Sector Commission

37. Public Transport Authority

38. Rural Business Development Corporation

39. Salaries and Allowances Tribunal

40. Small Business Development Corporation

41. State Library of Western Australia

42. Swan River Trust

43. Western Australia Police

44. Western Australian Electoral Commission

45. Western Australian Land Information Authority (Landgate)

46. Western Australian Planning Commission

47. Western Australian Sports Centre Trust (trading as VenuesWest)

Note: For greater certainty, consistent with Article 14.8.9, in relation to procurements from the Department of Finance, Building Management and Works’ Prequalification Scheme; and Main Roads Western Australia’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 the other Party.

Note to Section B

1. For entities listed in this Section, in relation to multi-use lists:

  1. a notice inviting suppliers to apply for inclusion on a multi-use list may be used as a notice of intended procurement, provided a statement is included that only suppliers on the multi-use list will receive further notices of procurement covered by the multi-use list; and
  2. where all or a limited number of qualified suppliers have been selected, the time period for tendering may be fixed by mutual agreement between the procuring entity and the selected suppliers. In the absence of agreement, the period shall not be less than 10 days.

Section C: Other Entities

Thresholds:

1. This Chapter shall apply to other covered entities listed in this Section where the value of the procurement is estimated, in accordance with Article 14.2.8, to equal or exceed:

  1. for procurement of goods and services, 400,000 SDR
  2. for procurement of construction services, 5,000,000 SDR

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:

1. Australian Communications and Media Authority

2. Australian Competition and Consumer 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 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 (Note 3)

15. Comcare

16. Commonwealth Scientific and Industrial Research Organisation

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 House

23. Reserve Bank of Australia

24. Sydney Harbour Federation Trust

25. The Director of National Parks

26. Tourism Australia

Notes to Section C

1. This Chapter shall apply to only those entities listed in this Section.

2. For the entities listed in this Section, this Chapter shall not apply to the procurement of motor vehicles.

3. This Chapter shall not apply to procurement of telecommunications services by the Australian War Memorial.

Section D: Goods

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

 

2. This Chapter shall not apply to the procurement of blood and blood-related products, including plasma derived products.

Section E: Services

1. This Chapter shall apply to all services procured by the entities listed in Sections A, B and C, unless otherwise specified, including in this Schedule.

2. This Chapter shall not apply to the procurement of:

  1. plasma fractionation services;
  2. government advertising services
  3. health and welfare services; and
  4. research and development services.

Section F: Construction Services

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

Section G: General Notes

Unless otherwise specified, the following General Notes in Australia’s Schedule shall apply to this Chapter, including to all Sections of this Schedule.

1. This Chapter shall not apply to:

  1. any form of preference to benefit small and medium enterprises;
  2. measures to protect national treasures of artistic, historic, or archaeological value;
  3. measures for the health and welfare of indigenous people; and
  4. measures for the economic and social advancement of indigenous people.

2. For greater certainty:

  1. this Chapter shall not apply to procurement funded by grants and sponsorship payments received from persons not listed in this Annex;
  2. this Chapter shall not apply to procurement by a procuring entity from another government entity; and
  3. this Chapter shall not apply to procurement of asset management and financial advisory services pertaining to reserves held by a government or its entities.

Section H: Threshold Adjustment Formula

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

2. Every two years, Australia shall calculate and publish the value of the thresholds under this Chapter 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 Peru of the current thresholds in Australian dollars immediately after this Agreement enters into force, and the adjusted thresholds in Australian dollars thereafter in a timely manner.

5. Australia shall consult Peru if a major change in Australian dollars relative to the SDR or to the national currency of Peru were to create a significant problem with regard to the application of this Chapter.

Section I: Procurement Information

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

Legislation and Regulations: http://www.comlaw.gov.au/

Australian Government Tender System: https://www.tenders.gov.au/

1 For a complete listing of Common Classification System, see http://www.sice.oas.org/trade/nafta/chap-105.asp

Last Updated: 12 February 2018