State Procurement Policy

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.

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