(1) For the purposes of this Act, a procurement is a covered procurement if:
(a) the rules in Divisions 1 and 2 of the Commonwealth Procurement Rules apply to the procurement; and
(b) the procurement is not included in a class of procurements specified in a determination under subsection (2).
Note: The rules in Divisions 1 and 2 of the Commonwealth Procurement Rules do not to apply to a procurement for a purpose set out in paragraph 2.6 of the Commonwealth Procurement Rules.
(2) The Minister may, by legislative instrument, make a determination for the purposes of paragraph (1)(b).