Document ID: chunk:federal_register_of_legislation:C2024C00716:section:11
Version: federal_register_of_legislation:C2024C00716
Segment Type: section
Provision Reference: s 11
Character Range: 10414–12034

11  Application of Act to Commonwealth contractors
 (1) This Act applies to a Commonwealth contractor, in respect of conduct referred to in subsection 30(1) that is engaged in by the Commonwealth contractor, only if, and in so far as, the conduct is engaged in:
 (a) for or on behalf of a Commonwealth entity; and
 (b) under or for the purposes of a contract with the Commonwealth entity.
 (2) This Act applies to a Commonwealth contractor, in respect of a dealing by the Commonwealth contractor with controlled material or controlled apparatus, only if, and in so far as:
 (a) the dealing is for or on behalf of a Commonwealth entity; and
 (b) the dealing is under or for the purposes of a contract with the Commonwealth entity; and
 (c) the controlled material or controlled apparatus is owned or controlled by the Commonwealth entity.
Example: A private airline company leases premises on land owned by the Commonwealth, and deals with controlled material on behalf of a client that is not a Commonwealth entity. The airline company is not covered by the Act in respect of that dealing.
 (3) If conduct of, or a dealing by, a person in the person's capacity as a Commonwealth contractor is not covered by subsection (1) or (2), then:
 (a) that does not prevent this Act from applying in respect of the conduct or dealing in the person's capacity as a permitted person under section 11A; and
 (b) in applying that section to the conduct or dealing, the person is not to be taken to be a controlled person (and therefore excluded from the scope of that section) merely because the person is a Commonwealth contractor.