Common use of AUDIT AND ACCESS Clause in Contracts

AUDIT AND ACCESS. Right to conduct audits The Commonwealth through ACIAR or a representative may conduct audits relevant to the performance of the Commissioned Organisation’s obligations under the Project Agreement. Audits may be conducted of: the Commissioned Organisation’s operational practices and procedures as they relate to the Project Agreement, including security procedures; the Commissioned Organisation’s compliance with its confidentiality, privacy and security obligations under the Project Agreement; Material (including books and records) in the possession of the Commissioned Organisation relevant to the Services or the Project Agreement; and any other matters determined by the Commonwealth to be relevant to the Services or the Project Agreement. Access by the Commonwealth The Commonwealth through ACIAR or a representative may, at reasonable times and on giving reasonable notice to the Commissioned Organisation: access the premises of the Commissioned Organisation to the extent relevant to the performance of the Project Agreement; require the provision by the Commissioned Organisation, 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; inspect and copy documentation, books and records, however stored, in the custody or under the control of the Commissioned Organisation, its employees, agents or subcontractors; and require assistance in respect of any inquiry into or concerning the Services or the Project 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. The Commissioned Organisation must provide access to its computer hardware and software to the extent necessary for the Commonwealth to exercise its rights under this clause 33, and provide the Commonwealth through ACIAR or its representative with any reasonable assistance requested by the Commonwealth to use that hardware and software. Conduct of audit and access The Commonwealth through ACIAR or a representative must use reasonable endeavours to ensure that: audits performed under clause 33.1; and the exercise of the general rights granted by clause 33.2 by the Commonwealth, do not unreasonably delay or disrupt in any material respect the Commissioned Organisation’s performance of its obligations under the Project Agreement or its business.

Appears in 3 contracts

Samples: www.aciar.gov.au, aciar.gov.au, www.aciar.gov.au

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AUDIT AND ACCESS. Right to conduct audits The Commonwealth through ACIAR or a representative may conduct audits relevant to the performance of the Commissioned OrganisationAgent’s obligations under the Project SRA Agreement. Audits may be conducted of: the Commissioned OrganisationAgent’s operational practices and procedures as they relate to the Project SRA Agreement, including security procedures; the Commissioned OrganisationAgent’s compliance with its confidentiality, privacy and security obligations under the Project this Agreement; Material (including books and records) in the possession of the Commissioned Organisation Agent relevant to the Services or the Project this Agreement; and any other matters determined by the Commonwealth to be relevant to the Services or the Project SRA Agreement. Access by the Commonwealth The Commonwealth through ACIAR or a representative may, at reasonable times and on giving reasonable notice to the Commissioned OrganisationAgent: access the premises of the Commissioned Organisation Agent to the extent relevant to the performance of the Project SRA Agreement; require the provision by the Commissioned OrganisationAgent, 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; inspect and copy documentation, books and records, however stored, in the custody or under the control of the Commissioned OrganisationAgent, its employees, agents or subcontractors; and require assistance in respect of any inquiry into or concerning the Services or the Project 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. The Commissioned Organisation Agent must provide access to its computer hardware and software to the extent necessary for the Commonwealth to exercise its rights under this clause 3334., and provide the Commonwealth through ACIAR or its representative with any reasonable assistance requested by the Commonwealth to use that hardware and software. Conduct of audit and access The Commonwealth through ACIAR or a representative must use reasonable endeavours to ensure that: audits performed under clause 33.134.1; and the exercise of the general rights granted by clause 33.2 34.2 by the Commonwealth, do not unreasonably delay or disrupt in any material respect the Commissioned OrganisationAgent’s performance of its obligations under the Project 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..

Appears in 1 contract

Samples: www.aciar.gov.au

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AUDIT AND ACCESS. Right to conduct audits The Commonwealth through ACIAR or a representative may conduct audits relevant to the performance of the Commissioned Organisation’s obligations under the Project Agreement. Audits may be conducted of: the Commissioned Organisation’s operational practices and procedures as they relate to the Project Agreement, including security procedures; the Commissioned Organisation’s compliance with its confidentiality, privacy and security obligations under the Project Agreement; Material (including books and records) in the possession of the Commissioned Organisation relevant to the Services or the Project Agreement; and any other matters determined by the Commonwealth to be relevant to the Services or the Project Agreement. Access by the Commonwealth The Commonwealth through ACIAR or a representative may, at reasonable times and on giving reasonable notice to the Commissioned Organisation: access the premises of the Commissioned Organisation to the extent relevant to the performance of the Project Agreement; require the provision by the Commissioned Organisation, 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; inspect and copy documentation, books and records, however stored, in the custody or under the control of the Commissioned Organisation, its employees, agents or subcontractors; and require assistance in respect of any inquiry into or concerning the Services or the Project 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. The Commissioned Organisation must provide access to its computer hardware and software to the extent necessary for the Commonwealth to exercise its rights under this clause 3335, and provide the Commonwealth through ACIAR or its representative with any reasonable assistance requested by the Commonwealth to use that hardware and software. Conduct of audit and access The Commonwealth through ACIAR or a representative must use reasonable endeavours to ensure that: audits performed under clause 33.135.1; and the exercise of the general rights granted by clause 33.2 35.2 by the Commonwealth, do not unreasonably delay or disrupt in any material respect the Commissioned Organisation’s performance of its obligations under the Project Agreement or its business.

Appears in 1 contract

Samples: www.aciar.gov.au

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