Commonwealth Consolidated Acts

NATIONAL ANTI-CORRUPTION COMMISSION ACT 2022 - SECT 13

  (1)   A contracted service provider for a Commonwealth contract is:

  (a)   a person (other than the Commonwealth or a Commonwealth agency) who:

  (i)   is a party to the Commonwealth contract; and

  (ii)   is responsible for the provision of goods or services (or both) under the Commonwealth contract; or

  (b)   a person who:

  (i)   is a party to a contract (the subcontract ) with a person who is a contracted service provider for the Commonwealth contract under paragraph   (a) (or under a previous application of this paragraph); and

  (ii)   is responsible under the subcontract for the provision of goods or services (or both) for the purposes (whether direct or indirect) of the Commonwealth contract.

  (2)   A Commonwealth contract is a contract:

  (a)   to which the Commonwealth or a Commonwealth agency is a party; and

  (b)   under which goods or services (or both) are to be, or were to be, provided:

  (i)   to the Commonwealth or the Commonwealth agency, as relevant; or

  (ii)   in connection with the activities of the Commonwealth or the Commonwealth agency, as relevant.

Note:   Contract is defined in section   7 to include any arrangement, agreement, deed or understanding.

  (3)   Despite subsection   (1), the following are not contracted service providers for a Commonwealth contract:

  (a)   a State or Territory government entity;

  (b)   the government of a foreign country, or of a part of a foreign country;

  (c)   a person in a class prescribed by the regulations for the purposes of this paragraph.