13Meaning of contracted service provider for a Commonwealth contract

13 Meaning of contracted service provider for a Commonwealth contract

(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.