Schedule B - Circumstances in which the Government Procurement chapter of the AUSFTA applies [ Part 1 > Part 2 > Part 3 ]
Schedule B Part 1 | Schedule B Part 2
3. The intended procurement is not subject to exclusions or exceptions listed in the Government Procurement chapter or its annexure, within the AUSFTA:
| Excluded from the Agreement (Article 15.1) |
- non-contractual agreements or any form of assistance that a Party or a government enterprise provides, including grants, loans, equity infusions, fiscal incentives, subsidies, guarantees, cooperative agreements, and sponsorship arrangements
- procurement of goods and services by a Party from its own entities and provision of goods or services by or between a procuring entity of a Party and a regional or local government of that Party
- purchases funded by international grants, loans, or other assistance, where the provision of such assistance is subject to conditions inconsistent with Chapter 15
- purchases funded by grants and sponsorship payments from persons not listed in Annex 15-A
- procurement for the direct purpose of providing foreign assistance
- procurement of research and development services
- procurement of goods and services (including construction) outside the territory of the procuring Party, for consumption outside the territory of the procuring Party
- acquisition of fiscal agency or depository services, liquidation and management services for regulated financial institutions, and sale and distribution services for government debt
|
| Australia specific exclusions (Annex 15A) |
- any form of preference to benefit small and medium enterprises
- measures to protect national treasures of artistic, historic or archaeological value
- measures for the health and welfare of Indigenous people
- measures for the economic and social advancement of Indigenous people
- plasma fractionation services
|
| Queensland specific exclusions (Annex 15A) |
- health and welfare services
- education services
- government advertising
- motor vehicles
|
| Exceptions (Article 15.12) |
- measures necessary to protect public morals, order or safety
- measures necessary to protect human, animal or plant life or health (including environmental
- measures necessary to protect human, animal or plant life or health)
- measures necessary to protect intellectual property
- measures relating to the goods or services of handicapped persons, of philanthropic or not for profit institutions, or of prison labour.
|
Top