Commonwealth Consolidated Acts Commonwealth Consolidated ActsCondition
(1) It is a condition of:
(a) a contract entered into under section 80; or
(b) a grant made under section 80;
that the contractor or grant recipient, as the case may be, must comply with a determination under subsection (2) in so far as the determination applies to the contract or grant, as the case may be.
Determination
(2) The Minister may, by legislative instrument, make a determination that sets out either or both of the following:
(a) standards or rules that must be complied with by contractors or grant recipients, as the case may be, in relation to contracts entered into, or grants made, under section 80;
(b) minimum benchmarks that must be met or exceeded by contractors or grant recipients, as the case may be, in relation to contracts entered into, or grants made, under section 80.
Application of determinations
(3) A determination under subsection (2) may be of general application or may be limited as provided in the determination.
(4) Subsection (3) does not, by implication, limit subsection 33(3A) of the Acts Interpretation Act 1901 .
Other terms and conditions
(5) This section does not, by implication, limit:
(a) the terms and conditions that may be included in a contract entered into under section 80; or
(b) the terms and conditions that may be included in an agreement under section 81.
Determination prevails over inconsistent contract or agreement
(6) A term or condition:
(a) of a contract entered into under section 80; or
(b) set out in an agreement under section 81;
has no effect to the extent to which it is inconsistent with a determination under subsection (2) that applies to the contract or to the grant to which the agreement relates, as the case may be.
(7) Despite subsection (6), a determination under subsection (2) has no effect to the extent to which it overrides a term or condition:
(a) of a contract entered into under section 80; and
(b) that gives the contractor a right to adjustment of payment for a change in the services, facilities or customer equipment to be supplied by the contractor in accordance with the contract.
(8) Despite subsection (6), a determination under subsection (2) has no effect to the extent to which it specifies the price, or a method of ascertaining the price, for any of the services, facilities or customer equipment to be supplied by a contractor in accordance with a section 80 contract.
(9) Despite subsection (6), a determination under subsection (2) has no effect to the extent to which it overrides a term or condition:
(a) set out in an agreement under section 81; and
(b) that gives the grant recipient a right to adjustment of payment for a change in the services, facilities or customer equipment to be supplied by the grant recipient in accordance with the terms and conditions of the grant.
(10) Despite subsection (6), a determination under subsection (2) has no effect to the extent to which it specifies the price, or a method of ascertaining the price, for any of the services, facilities or customer equipment to be supplied by the grant recipient of a section 80 grant in accordance with the terms and conditions of the grant.