Document ID: chunk:federal_register_of_legislation:C2024C00616:section:30
Version: federal_register_of_legislation:C2024C00616
Segment Type: section
Provision Reference: s 30
Character Range: 68488–70227

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).