Appendix A: Exemptions

Procurements of the following kinds of goods and services are exempt from the rules of Division 2 of the CPRs, and from paragraphs 4.7, 4.8 and 7.26 of Division 1:

1. procurement (including leasing) of land, existing buildings or other immovable property or any associated rights (note: the procurement of construction services is not exempt);
2. procurement of goods and services from another Commonwealth entity, or a state, territory or local government entity;
3. procurements funded by international grants, loans or other assistance, when the provision of such assistance is subject to conditions inconsistent with this document;
4. procurements funded by grants and sponsorship payments from non-Commonwealth entities;
5. procurement for the direct purpose of providing foreign assistance;
6. procurement of research and development services, but not the procurement of inputs to research and development;
7. the engagement of an expert or neutral person, including engaging counsel or barristers, for any current or anticipated litigation or dispute;
8. procurement of goods and services (including construction) outside Australian territory, for consumption outside Australian territory;
9. acquisition of fiscal agency or depository services, liquidation and management services for regulated financial institutions, and sale and distribution services for government debt;
10. procurement by the Future Fund Management Agency of investment management, investment advisory, or master custody and safekeeping services for the purposes of managing and investing the assets of the Future Fund;
11. procurement of blood plasma products or plasma fractionation services;
12. procurement of government advertising services¹⁵;
13. procurement of goods and services by, or on behalf of, the Defence Intelligence Organisation, the Australian Signals Directorate, or the Australian Geospatial‑Intelligence Organisation;
14. contracts for labour hire;
15. procurement of goods and services from a business that primarily exists to provide the services of persons with a disability;
16. procurement of goods and services from an SME with at least 50 per cent Indigenous ownership; and
17. procurement of goods and services valued up to $500,000 from an SME (note: the requirements under the Indigenous Procurement Policy must first be satisfied before this exemption is applied).