NTIn ForceAct
Information Act 2002
149Liability of and with respect to contract service providers
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149 Liability of and with respect to contract service providers
(1) A service contract may provide that the contract service provider is
required to comply with an IPP, a code of practice or an
authorisation in the same way and to the same extent as the
outsourcing organisation.
(2) If a service contract contains a provision of the kind mentioned in
subsection (1), the contract service provider must comply with the
IPP, code of practice or authorisation in the same way and to the
same extent as the outsourcing organisation.
(3) Where:
(a) the contract service provider does an act for a service
contract; and
(b) the act would, if it had been done by the outsourcing
organisation, have contravened an IPP, a code of practice or
an authorisation;
the act is taken to have been done by the outsourcing organisation
as well as by the contract service provider unless:
(c) the service contract contains a provision of the kind mentioned
in subsection (1); and
(d) the IPP, code of practice or authorisation is capable of being
enforced against the contract service provider in accordance
with this Act.