Document ID: chunk:federal_register_of_legislation:C2025C00049:section:13
Version: federal_register_of_legislation:C2025C00049
Segment Type: section
Provision Reference: s 13
Character Range: 61898–63450

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.