Broader ecosystem
2.74 Among other priorities, the Buy Australian Plan sets out an intention to leverage Commonwealth procurement, such as the single seller arrangements (SSAs), to:
Key provision | Discussion |
|---|---|
Open the door to more government work for more small and medium businesses by decoding and simplifying procurement processes | Finance have established initiatives outlined in the Buy Australian Plan to support decoding and simplifying procurement processes. Establishing CAIP Plans will support this initiative. |
Establish a Secure Australian Jobs Code to prioritise secure work in government contracts and ensure that government purchasing power is being used to support businesses that engage in fair, equitable, ethical and sustainable practices | This Code is not yet in force, however, will need to be considered in the future when implemented. |
Provide more opportunities for First Nations businesses with a view to maximise skills transfer so that we can get more First Nations workers into long-term skilled work | The SSAs include Indigenous Procurement Policy provisions that align with achieving this policy intent. |
Use government spending power to take action on climate change and support energy projects | No inconsistencies were identified with Australia’s long-term emissions reduction plan as required under Net Zero Emissions by 2030. |
2.75 Further to the requirements associated with encouraging competition under the CPRs, the Competition and Consumer Act 2010 (Volume 1, Part IV – Restrictive trade practices, Division 2 – Other Provisions) makes provisions for four key aspects relevant to the SSAs:
2.76 Further to the above, established international trade agreements shape procurement obligations, promoting transparency, non-discrimination and open competition in government procurement.
2.77 Whilst most of the SSA sellers are leaders in their respective markets globally and compliance with the Competition and Consumer Act 2010 is a matter for the Australian Competition and Consumer Commission (ACCC) as the regulator, no evidence of breaches relevant specifically to the SSAs of the above provisions were submitted to the review. The review acknowledges the recent report by the ACCC entitled ‘Digital platform services inquiry’.
2.78 Further engagement with the Department of the Treasury (Treasury), who oversee the application of the Competition and Consumer Act 2010, indicated there are no concerns with the establishment or use of the SSAs. Ongoing monitoring by the DTA of the work being undertaken by Treasury regarding the ‘Digital platforms – a proposed new digital competition regime’ is required as this may introduce new obligations regarding the competitive landscape relevant to the SSAs.
2.79 Further discussion on broader competition considerations are outlined within the Seller lock-out, Buyer locked into seller, and Enhancing growth of the Australian technology sector sections of this report.
2.80 Notably new sustainability reporting requirements have come into force under Chapter 2M of the Corporations Act 2001 for financial years beginning on or after 1 January 2025.
2.81 No other key points of note were identified for:
- APS Net Zero Emissions by 2030.
- APS Reform Agenda.