Freedom of Information Act 2016
100Agency entitled to access to information about
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100 Agency entitled to access to information about government contracts (1) This section applies to an agency if a service is, or is to be, provided under a government contract in connection with the exercise of a function of the agency. (2) The agency is entitled to access information that— (a) is created by, or is in the possession of— (i) a contracted service provider for the government contract; or (ii) a subcontractor for the government contract; and (b) relates to the performance of the government contract and not to the entry into the contract. contracted service provider, for a government contract, means an entity that is, or was— (a) a party to the government contract; and (b) responsible for the provision of services under the government contract. government contract means a contract to which the following apply: (a) the Territory or an agency is, or was, a party to the contract; (b) under the contract, services are or were to be provided— (i) by another party; and (ii) for an agency; and (iii) to a person who is not the Territory or an agency; (c) the services are in connection with the exercise of the functions of an agency.
subcontractor, for a government contract, means an entity— (a) that is, or was, a party to a contract (the subcontract)— (i) with a contracted service provider for the government contract; or (ii) with another subcontractor for the government contract (under a previous application of this definition); and (b) that is, or was, responsible under the subcontract for the provision of services for the purposes (whether direct or indirect) of the government contract.