(1) For the purposes of this Act, a procurement is a covered procurement if :
(a) the rules in Division s 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).