30Officers or employees of a contracted service provider

30 Officers or employees of a contracted service provider

(1) For the purposes of this Act, if an individual is a public official because the individual: (a) is an officer or employee of a contracted service provider for a Commonwealth contract; and (b) provides services for the purposes (whether direct or indirect) of the Commonwealth contract; the individual does not engage in conduct in connection with his or her position as such a public official unless the conduct is in connection with entering into, or giving effect to, the contract. (2) A contracted service provider for a Commonwealth contract is: (a) a person who: (i) is a party to the Commonwealth contract; and (ii) is responsible for the provision of goods or services 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 for the purposes (whether direct or indirect) of the Commonwealth contract. (3) A Commonwealth contract is a contract: (a) to which the Commonwealth or an agency is a party; and (b) under which goods or services are to be, or were to be, provided: (i) to the Commonwealth or an agency; or (ii) for or on behalf of the Commonwealth or an agency, and in connection with the performance of its functions or the exercise of its powers. (4) However, a Commonwealth contract does not include a grant covered by an instrument made under section 105C of the Public Governance, Performance and Accountability Act 2013 (instruments relating to grants).