Common use of AUDIT AND ACCESS Clause in Contracts

AUDIT AND ACCESS. 34.1 Right to conduct audits The Commonwealth through ACIAR or a representative may conduct audits relevant to the performance of the Commissioned Agent’s obligations under the SRA Agreement. Audits may be conducted of: (a) the Commissioned Agent’s operational practices and procedures as they relate to the SRA Agreement, including security procedures; (b) the Commissioned Agent’s compliance with its confidentiality, privacy and security obligations under this Agreement; (c) Material (including books and records) in the possession of the Commissioned Agent relevant to the Services or this Agreement; and (d) any other matters determined by the Commonwealth to be relevant to the Services or the SRA Agreement. 34.2 Access by the Commonwealth (a) The Commonwealth through ACIAR or a representative may, at reasonable times and on giving reasonable notice to the Commissioned Agent: (i) access the premises of the Commissioned Agent to the extent relevant to the performance of the SRA Agreement; (ii) require the provision by the Commissioned Agent, its employees, agents or subcontractors, of records and information in a data format and storage medium accessible by the Commonwealth by use of the Commonwealth’s existing computer hardware and software; (iii) inspect and copy documentation, books and records, however stored, in the custody or under the control of the Commissioned Agent, its employees, agents or subcontractors; and (iv) require assistance in respect of any inquiry into or concerning the Services or the SRA Agreement. For these purposes an inquiry includes any administrative or statutory review, audit or inquiry (whether within or external to the Commonwealth), and any inquiry conducted by Parliament or any Parliamentary committee. (b) The Commissioned Agent must provide access to its computer hardware and software to the extent necessary for the Commonwealth to exercise its rights under this clause 34, and provide the Commonwealth through ACIAR or its representative with any reasonable assistance requested by the Commonwealth to use that hardware and software. 34.3 Conduct of audit and access The Commonwealth through ACIAR or a representative must use reasonable endeavours to ensure that: (a) audits performed under clause 34.1; and (b) the exercise of the general rights granted by clause 34.2 by the Commonwealth, do not unreasonably delay or disrupt in any material respect the Commissioned Agent’s performance of its obligations under the SRA Agreement or its business.

AUDIT AND ACCESS. 34.1 Right Without limitation to conduct audits The clause 15: (a) the Commonwealth through ACIAR or a representative may conduct audits relevant to the performance of the Commissioned AgentOrganisation’s obligations under the SRA this Agreement. Audits may be conducted of: (ai) the Commissioned AgentOrganisation’s operational practices and procedures as they relate to the SRA this Agreement, including security procedures; (bii) the Commissioned AgentOrganisation’s compliance with its confidentiality, privacy and security obligations under this Agreement; (ciii) Material (including books records and records) documentation in the possession of the Commissioned Agent Organisation relevant to the Services or this Agreement; , and (div) any other matters determined by the Commonwealth to be relevant to the Services or the SRA this Agreement. 34.2 Access by the Commonwealth (ab) The the Commonwealth through ACIAR or a representative may, at reasonable times and on giving reasonable notice to the Commissioned AgentOrganisation: (i) access the premises of the Commissioned Agent Organisation to the extent relevant to the performance of the SRA this Agreement; (ii) require the provision by the Commissioned AgentOrganisation, its employees, agents or subcontractorsPersonnel, of records and information in a data format and storage medium accessible by the Commonwealth by use of the Commonwealth’s existing computer hardware and software; (iii) inspect and copy documentation, books and records, however stored, in the custody or under the control of the Commissioned AgentOrganisation, its employeesPersonnel, agents or subcontractors; and (iv) require assistance in respect of any inquiry into or concerning the Services or the SRA this Agreement. For these purposes an inquiry includes any administrative or statutory review, audit or inquiry (whether within or external to the Commonwealth), and any inquiry conducted by Parliament or any Parliamentary committee. (bc) The the Commissioned Agent Organisation must provide access to its computer hardware and software to the extent necessary for the Commonwealth to exercise its rights under this clause 34additional term A8, and provide the Commonwealth through ACIAR or its representative with any reasonable assistance requested by the Commonwealth to use that hardware and software. 34.3 Conduct of audit and access The (d) the Commonwealth through ACIAR or a representative must use reasonable endeavours to ensure that: (ai) audits performed under clause 34.1; A8, and (bii) the exercise of the general rights granted by clause 34.2 A8(b) by the Commonwealth, do not unreasonably delay or disrupt in any material respect the Commissioned AgentOrganisation’s performance of its obligations under the SRA this Agreement or its business. (e) each Party must bear its own costs of any reviews and/or audits (f) the rights of the Commonwealth through ACIAR or its representative under additional term A8 apply equally to the Auditor-General or a delegate of the Auditor-General, or the Privacy Commissioner or a delegate of the Privacy Commissioner, for the purpose of performing the Auditor-General's or Privacy Commissioner's statutory functions or powers (g) the Commissioned Organisation must do all things necessary to comply with the Auditor- General’s or his or her delegate's or the Privacy Commissioner's or his or her delegate's requirements, notified under additional term A8(f), provided such requirements are legally enforceable and within the power of the Auditor-General, the Privacy Commissioner, or his or her respective delegate (h) the requirement for, and participation in, audits does not in any way reduce the Commissioned Organisation’s responsibility to perform its obligations in accordance with this Agreement (i) the Commissioned Organisation must ensure that any subcontract entered into for the purpose of this Agreement contains an equivalent clause granting the rights specified in this additional term A8 (j) nothing in this Agreement reduces, limits or restricts in any way any function, power, right or entitlement of the Auditor-General or a delegate of the Auditor-General or the Privacy Commissioner or a delegate of the Privacy Commissioner. The rights of the Commonwealth under this Agreement are in addition to any other power, right or entitlement of the Auditor-General or a delegate of the Auditor-General or the Privacy Commissioner or a delegate of the Privacy Commissioner, and (k) this additional term A8 applies for the Term and for a period of seven years from the expiry or termination of this Agreement.

AUDIT AND ACCESS. 34.1 ‌ 22.1 Right to conduct audits audits‌ The Commonwealth through ACIAR or a representative may conduct audits relevant to the performance of the Commissioned Agent’s Recipient's obligations under the SRA this Agreement. Audits may be conducted of: (a) the Commissioned Agent’s Assets; (b) the Recipient's operational practices and procedures as they relate to the SRA this Agreement, including security procedures; (bc) the Commissioned Agentaccuracy of the Recipient’s invoices and Reports; (d) the Recipient's compliance with its confidentiality, confidentiality and privacy and security obligations under this Agreement; (ce) Material (including books and records) in the possession of the Commissioned Agent Recipient relevant to the Services Project or this Agreement; and (df) any other matters determined by the Commonwealth to be relevant to the Services Project or the SRA this Agreement. 34.2 22.2 Access by the CommonwealthCommonwealth‌ (a) The Commonwealth through ACIAR or a representative may, at reasonable times and on giving reasonable notice to the Commissioned AgentRecipient for the purposes of the Project and to the extent relevant to the performance of this Agreement: (i) access the premises of the Commissioned Agent Recipient to the extent relevant to the performance of the SRA this Agreement; (ii) require the provision by the Commissioned AgentRecipient, its employees, agents or subcontractors, subcontractors of records and information in a data format and storage medium accessible by the Commonwealth by use of the Commonwealth’s existing computer hardware and software; (iii) inspect and copy documentation, books and records, however stored, in the custody or under the control of the Commissioned Agent, its employeesRecipient, agents or subcontractors; and (iv) require assistance in respect of any inquiry into or concerning the Services Project or the SRA this Agreement. For these purposes an inquiry includes any administrative or statutory review, audit or inquiry (whether within or external to the Department), any request for information directed to the Commonwealth), and any inquiry conducted by Parliament or any Parliamentary committee. (b) The Commissioned Agent Recipient must provide access to its computer hardware and software to the extent necessary for the Commonwealth to exercise its rights under this clause 3422, and provide the Commonwealth through ACIAR or its representative with any reasonable assistance requested by the Commonwealth to use that hardware and software. 34.3 22.3 Conduct of audit and access The Commonwealth through ACIAR or a representative must use reasonable endeavours to ensure that: (a) audits performed under pursuant to clause 34.122.1; and (b) the exercise of the general rights granted by clause 34.2 22.2 by the Commonwealth, do not unreasonably delay or disrupt in any material respect the Commissioned Agent’s Recipient's performance of its obligations under the SRA this Agreement or its business.

AUDIT AND ACCESS. 34.1 Right to conduct audits The Commonwealth through ACIAR or a representative may conduct audits relevant to the performance of the Commissioned Agent’s obligations under the SRA Agreement. Audits may be conducted of: (a) : the Commissioned Agent’s operational practices and procedures as they relate to the SRA Agreement, including security procedures; (b) ; the Commissioned Agent’s compliance with its confidentiality, privacy and security obligations under this Agreement; (c) ; Material (including books and records) in the possession of the Commissioned Agent relevant to the Services or this Agreement; and (d) and any other matters determined by the Commonwealth to be relevant to the Services or the SRA Agreement. 34.2 . Access by the Commonwealth (a) Commonwealth The Commonwealth through ACIAR or a representative may, at reasonable times and on giving reasonable notice to the Commissioned Agent: (i) : access the premises of the Commissioned Agent to the extent relevant to the performance of the SRA Agreement; (ii) ; require the provision by the Commissioned Agent, its employees, agents or subcontractors, of records and information in a data format and storage medium accessible by the Commonwealth by use of the Commonwealth’s existing computer hardware and software; (iii) ; inspect and copy documentation, books and records, however stored, in the custody or under the control of the Commissioned Agent, its employees, agents or subcontractors; and (iv) and require assistance in respect of any inquiry into or concerning the Services or the SRA Agreement. For these purposes an inquiry includes any administrative or statutory review, audit or inquiry (whether within or external to the Commonwealth), and any inquiry conducted by Parliament or any Parliamentary committee. (b) . The Commissioned Agent must provide access to its computer hardware and software to the extent necessary for the Commonwealth to exercise its rights under this clause 34., and provide the Commonwealth through ACIAR or its representative with any reasonable assistance requested by the Commonwealth to use that hardware and software. 34.3 . Conduct of audit and access The Commonwealth through ACIAR or a representative must use reasonable endeavours to ensure that: (a) : audits performed under clause 34.1; and (b) and the exercise of the general rights granted by clause 34.2 by the Commonwealth, do not unreasonably delay or disrupt in any material respect the Commissioned Agent’s performance of its obligations under the SRA Agreement or its business.. Costs Unless otherwise agreed in writing, each party must bear its own costs of any reviews and/or audits. Auditor-General and Privacy Commissioner The rights of the Commonwealth through ACIAR or its representative under clause (i) to clause (iii) apply equally to the Auditor-General or a delegate of the Auditor-General, or the Privacy Commissioner or a delegate of the Privacy Commissioner, for the purpose of performing the Auditor-General's or Privacy Commissioner's statutory functions or powers. Commissioned Agent to comply with Auditor-General's requirements The Commissioned Agent must do all things necessary to comply with the Auditor-General’s or his or her delegate's or the Privacy Commissioner's or his or her delegate's requirements, notified under clause 34.2, provided such requirements are legally enforceable and within the power of the Auditor-General, the Privacy Commissioner, or his or her respective delegate. No reduction in responsibility The requirement for, and participation in, audits does not in any way reduce the Commissioned Agent’s responsibility to perform its obligations in accordance with the SRA Agreement. Subcontractor requirements The Commissioned Agent must ensure that any subcontract entered into for the purpose of the SRA Agreement contains an equivalent clause granting the rights specified in this clause 34..