Resource Management Guide No. 407
Restrictions on Advertising for Open Approaches to
Market (ATMs) in the Media Policy
NOVEMBER 2015
© Commonwealth of Australia 2014
ISBN: 978-1-922096-77-7 (Online)
With the exception of the Commonwealth Coat of Arms and where otherwise noted, all material
presented in this document is provided under a Creative Commons Attribution 3.0 Australia
(http://creativecommons.org/licenses/by/3.0/au) licence.
The details of the relevant licence conditions are available on the Creative Commons website
(accessible using the links provided) as is the full legal code for the CC BY 3 AU licence.
Use of the Coat of Arms
The terms under which the Coat of Arms can be used are detailed on the following website:
www.itsanhonour.gov.au/coat-arms.
Contact us
Questions or comments about this guide should be directed to:
The Government Advertising Arrangement Management Team
Department of Finance
John Gorton Building
King Edward Terrace
Parkes ACT 2600
Email: advertising@finance.gov.au
Internet: www.finance.gov.au/advertising
This guide contains material that has been prepared to assist Commonwealth entities and
companies to apply the principles and requirements of the Public Governance, Performance and
Accountability Act 2013 and associated rules, and any applicable policies. In this guide the:
mandatory principles or requirements are set out as things entities and officials ‘must’ do; and
actions, or practices, that entities and officials are expected to take into account to give effect to
those principles and/or requirements are set out as things entities and officials ‘should
consider’ doing.
Audience
This Guide applies to: Non-Corporate Commonwealth Entities (NCEs) under the Public
Governance, Performance and Accountability Act 2013(PGPA Act). Corporate Commonwealth
Entities (CEs) are encouraged to comply.
Key Points
 This Policy took effect on 1 July 2013.
 This document sets out NCE requirements for advertising open approaches to market in the
media (press and online).
 The Tender Advertising Policy complements the use of AusTender, the Commonwealth
Government’s procurement information system, articulated in the Commonwealth
Procurement Rules (CPRs).
Policy
1.
The CPRs require NCEs to publish all open tenders on AusTender.
2.
Entities must not publish or advertise open approaches to market in the media.
3.
In limited circumstances, the Agency Head of a NCE (or an official at the appropriate level of
seniority 1) may consider and approve an exemption request allowing advertising in the
media.
a) For example, an entity may request an exemption if they are seeking to target potential
suppliers in a remote or overseas location that has limited access to the online
environment. The approval must be in writing and use the Exemption Letter template.
Media Placement Considerations
4.
Subject to the exemption requirement in Clause 3, entities seeking to advertise tender
notices internationally placed from:
a) Within Australian territory to appear outside Australian territory must use the
government’s Master Media Agency (MMA); and
b) Outside Australian territory to appear outside Australian territory are not required to
use the government’s MMA.
5.
Subject to the exemption requirement in Clause 3, details selected for inclusion in the
notification advertised through media must be the same as those published on AusTender,
and direct the reader to go to Austender for further information.
6.
Signed exemption letters must be provided to the government’s MMA in written form.
7.
If an entity chooses to advertise a tender notice on their website, the notice must also
direct the reader to AusTender.
Monitoring Compliance
8.
1
The Department of Finance will monitor exemptions and compliance with the policy.
An official with the appropriate level of seniority should consider the entity’s Accountable Authority Instructions in supporting section
15 (1) of the PGPA ACT, promoting the proper use - and management of - public resources, achievement of the entity’s purposes and
financial sustainability of the entity. This person would usually be at Senior Executive Service level.
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Queries Regarding this Policy
Department of Finance:
Procurement Management Branch
Website:
Email:
Telephone:
www.finance.gov.au
advertising@finance.gov.au
(02) 6215 3143
AusTender
Website:
Email:
Telephone:
https://www.tenders.gov.au/
tenders@finance.gov.au
1300 651 698 (AusTender Help Desk)
Resource Management Guide 407
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Approaches to Market (ATMs) Policy | 2