19Agreements generally

19 Agreements generally

(1)  In addition to any other requirements specified in this Act, an agreement that is entered into for the purposes of this Act –

(a) must be in writing; and

(b) is to include each applicable term, and condition, specified under this Act in respect of the agreement, or class of agreements; and

(c) is, unless otherwise specified in the regulations, taken to include each applicable term, and condition, prescribed in relation to the agreement, or class of agreements, after the commencement of the agreement; and

(d) may include one or more of the following:

(i) performance targets or other targets or requirements;

(ii) sanctions for non-compliance;

(iii) requirements for monitoring, auditing and reporting under the agreement;

(iv) such other terms and conditions as are agreed between the parties to the agreement; and

(e) may specify that the Secretary, or another person or authority, is required to approve a specific procedure, arrangement or process; and

(f) may specify terms and conditions relating to –

(i) the refunds, costs and other amounts payable by, or on behalf of, the parties to the agreement; and

(ii) profits, losses, expenses and revenue under the agreement; and

(iii) the methodologies used to calculate an amount payable under the agreement.

(2)  In addition to any other requirements specified in this Act, an agreement, other than a supply agreement, that is entered into for the purposes of this Act may specify the circumstances in which the Secretary may –

(a) suspend the operation of the agreement; and

(b) appoint a person to fulfil the role, that is the subject of agreement, while the operation of the agreement is so suspended.

(3)  If a term or condition of an agreement under this Act is inconsistent with a term or condition specified in this Act in respect of the agreement, the term or condition of the agreement is void to the extent of the inconsistency.