Classified Information. At the request of the Contractor, the Consultant must: comply with the Commonwealth's security clearance process; obtain the level of security clearance requested by the Commonwealth; and comply with all security policies and procedures notified by the Commonwealth from time to time. Without limiting clause 1.3(f), the Consultant must not disclose any Classified Information unless the disclosure: is strictly in accordance with the provisions of the Defence Security Manual; and has first been approved in writing by the MCC Contract Administrator. In giving any approval to the Consultant under paragraph (b), the MCC Contract Administrator may impose such conditions as the MCC Contract Administrator thinks fit, including conditions requiring any recipient of Classified Information to obtain a level of security clearance and to enter into a deed in a form acceptable to the Commonwealth. Without limiting clause 1.3(f), the Consultant must handle and store any Classified Information in its possession or control strictly in accordance with the provisions of the Defence Security Manual. For the purposes of this clause 15.11: Classified Information includes: any Commonwealth document marked with a national security classification; and any information or document that the Consultant knows or ought to know is subject to, or ought to be treated in accordance with, the provisions of the Defence Security Manual; and Defence Security Manual is a reference to that document as amended from time to time. Without limiting clauses 2.10, 2.12 or 6.13, the Consultant must provide to the Contractor's Representative written certification from an Accredited Building Surveyor: at the time it submits any Design Documentation under clause 6.2 - that the Design Documentation submitted at that time complies with the MFPE and the Building Code of Australia; and prior to Completion (as defined in the Managing Contractor Contract) of the MCC Works or a Stage (as defined in the Managing Contractor Contract) - that the MCC Works comply or the Stage (as defined in the Managing Contractor Contract) complies (as the case may be) with the MFPE and the Building Code of Australia, except to the extent of any dispensation granted by the ASEE and set out in the certification. To the extent that there is any inconsistency between the MFPE and the Building Code of Australia, the MFPE prevails.
Appears in 1 contract
Samples: Design Services Subcontract
Classified Information. At the request of the Contractor, the The Consultant must: comply with the Commonwealth's security clearance process; obtain the level of security clearance requested by the Commonwealth; not (and comply with all security policies and procedures notified by the Commonwealth from time to time. Without limiting clause 1.3(f), the Consultant must not ensure its subconsultants do not) disclose any Classified Information unless the disclosure: is strictly in accordance with the provisions of the Defence Security Manual; and has first been approved in writing by the MCC Defence Representative; and the Consultant must ensure that all subcontracts made in connection with this Contract Administratoror the Services contain enforceable obligations requiring the subconsultant to comply with the Consultant's obligations arising under this clause 7.12 as if the subconsultant were the Consultant. In giving any approval to the Consultant under paragraph (ba), the MCC Contract Administrator Defence Representative may impose such conditions as the MCC Contract Administrator Defence Representative thinks fit, including conditions requiring any recipient of Classified Information to obtain a level of security clearance and to enter into a deed in a form acceptable to the CommonwealthDefence. Without limiting clause 1.3(f)7.10, the Consultant must (and must ensure that its subconsultants) handle and store any Classified Information in its possession or control strictly in accordance with the provisions of the Defence Security Manual. For the purposes of this clause 15.11: 7.12, "Classified Information Information" includes: any Commonwealth Defence document marked with a national security classification; and any information or document that the Consultant knows or ought to know is subject to, or ought to be treated in accordance with, the provisions of the Defence Security Manual; and "Defence Security Manual Manual" is a reference to that document as amended from time to time. Without limiting clauses 2.10, 2.12 clause 7 or 6.13any other requirement of this Contract, the Consultant acknowledges and agrees that: compliance with Defence security requirements by the Consultant and its subconsultants is of fundamental importance to Defence; the Consultant must provide (and must ensure that its subconsultants): fulfil (to the Contractor's Representative written certification from satisfaction of Defence) all security requirements relevant to the Services to be carried out; and comply with all relevant requirements and other local rules and regulations relating to and conditions of entry to and remaining within an Accredited Building Surveyor: at Establishment, including access pass arrangements and security inductions. the time it submits any Design Documentation under clause 6.2 - Consultant must ensure that all subcontracts made in connection with this Contract or the Design Documentation submitted at that time complies Services contain enforceable obligations requiring the subconsultant to comply with the MFPE and Consultant's obligations arising under this clause 7.12 as if the Building Code of Australia; and prior to Completion (as defined in subconsultant were the Managing Contractor Contract) of the MCC Works or a Stage (as defined in the Managing Contractor Contract) - that the MCC Works comply or the Stage (as defined in the Managing Contractor Contract) complies (as the case may be) with the MFPE and the Building Code of Australia, except to the extent of any dispensation granted by the ASEE and set out in the certification. To the extent that there is any inconsistency between the MFPE and the Building Code of Australia, the MFPE prevailsConsultant.
Appears in 1 contract
Samples: Panel Agreement
Classified Information. At the request of the ContractorConsultant, the Consultant Subconsultant must: comply with the Commonwealth's security clearance process; obtain the level of security clearance requested by the Commonwealth; and comply with all security policies and procedures notified by the Commonwealth from time to time. Without limiting clause 1.3(f), the Consultant Subconsultant must not disclose any Classified Information unless the disclosure: is strictly in accordance with the provisions of the Defence Security Manual; and has first been approved in writing by the MCC DSC Contract Administrator. In giving any approval to the Consultant Subconsultant under paragraph (b), the MCC DSC Contract Administrator may impose such conditions as the MCC DSC Contract Administrator thinks fit, including conditions requiring any recipient of Classified Information to obtain a level of security clearance and to enter into a deed in a form acceptable to the Commonwealth. Without limiting clause 1.3(f), the Consultant Subconsultant must handle and store any Classified Information in its possession or control strictly in accordance with the provisions of the Defence Security Manual. For the purposes of this clause 15.11: Classified Information includes: any Commonwealth document marked with a national security classification; and any information or document that the Consultant Subconsultant knows or ought to know is subject to, or ought to be treated in accordance with, the provisions of the Defence Security Manual; and Defence Security Manual is a reference to that document as amended from time to time. Without If required by the Brief and without limiting clauses 2.10, 2.12 or 2.11 and 6.13, the Consultant Subconsultant must provide to the ContractorConsultant's Representative written certification from an Accredited Building Surveyor: at the time it submits any Design Documentation under clause 6.2 - that the Design Documentation submitted at that time complies with the MFPE and the Building Code of Australia; before issue of any Design Documentation for the purpose of engaging a Contractor - that the Design Documentation to be issued at that time complies with the MFPE and the Building Code of Australia; and prior to Completion (as defined in the Managing Contractor Construction Contract) of the MCC Works or a Stage or a Section (as the case may be and as defined in the Managing Contractor Construction Contract) - that the MCC Works comply or the Stage or the Section (as the case may be and as defined in the Managing Contractor Construction Contract) complies (as the case may be) with the MFPE and the Building Code of Australia, except to the extent of any dispensation granted by the ASEE and set out in the certification. To the extent that there is any inconsistency between the MFPE and the Building Code of Australia, the MFPE prevails. The Subconsultant must: comply with the Building Code 2013 from the time of submitting its registration of interest or if no registration was submitted, from the time of submitting its tender for the Subcontract Services; require compliance with the Building Code 2013 by its Related Entities from the time of submitting its registration of interest or if no registration was submitted, from the time of submitting its tender for the Subcontract Services; ensure that all contracts (including subcontracts) expressly require compliance with the Building Code 2013 and impose obligations equivalent to the obligations under this clause 16; and not appoint any subsubconsultant in relation to the Subcontract Services where: the appointment would breach a sanction imposed by the Code Monitoring Group, the Minister for Education, Employment and Workplace Relations or the Commonwealth; or the subsubconsultant has had an adverse Court or Tribunal decision (not including decisions under appeal) for a breach of workplace relations law, work health and safety law or workers' compensation law and where the subsubconsultant has not fully complied, or is not fully complying, with the order. A copy of the Building Code 2013 is available at xxx.xxxxx.xxx.xx/XxxxxxxxXxxx. Compliance with the Building Code 2013 shall not relieve the Subconsultant from its other obligations under the Subcontract or otherwise arising out of or in connection with the Subcontract Services.
Appears in 1 contract
Samples: Design Services Subcontract
Classified Information. At the request of the Contractor, the Consultant Subcontractor must: comply with the Commonwealth's security clearance process; obtain the level of security clearance requested by the Commonwealth; and comply with all security policies and procedures notified by the Commonwealth from time to time. Without limiting clause 1.3(f), the Consultant Subcontractor must not disclose any Classified Information unless the disclosure: is strictly in accordance with the provisions of the Defence Security Manual; and has first been approved in writing by the MCC Contract Administrator. In giving any approval to the Consultant Subcontractor under paragraph (b), the MCC Contract Administrator may impose such conditions as the MCC Contract Administrator thinks fit, including conditions requiring any recipient of Classified Information to obtain a level of security clearance and to enter into a deed in a form acceptable to the Commonwealth. Without limiting clause 1.3(f), the Consultant Subcontractor must handle and store any Classified Information in its possession or control strictly in accordance with the provisions of the Defence Security Manual. The Subcontractor must ensure that any subsubcontract made in connection with this Subcontract contains enforceable obligations requiring the subsubcontractor to comply with the Subcontractor's obligations arising under this clause 18.11 as if the subsubcontractor were the Subcontractor. For the purposes of this clause 15.1118.11: Classified Information includes: any Commonwealth document marked with a national security classification; and any information or document that the Consultant Subcontractor knows or ought to know is subject to, or ought to be treated in accordance with, the provisions of the Defence Security Manual; and Defence Security Manual is a reference to that document as amended from time to time. Without limiting clauses 2.10, 2.12 or 6.13, 8.3, 8.4 and 9.1(c), the Consultant Subcontractor must provide to the Contractor's Representative written certification from an Accredited Building Surveyor: at the time it submits any Design Documentation under clause 6.2 for the Subcontract Works or a Stage - that the Design Documentation submitted at that time complies with the MFPE and the Building Code of Australia; and prior as a condition precedent to Completion (as defined in the Managing Contractor Contract) of the MCC Subcontract Works or a Stage (as defined in the Managing Contractor Contract) - that the MCC Subcontract Works comply or the Stage (as defined in the Managing Contractor Contract) complies (as the case may be) with the MFPE and the Building Code of Australia, except to the extent of any dispensation granted by the ASEE and set out identified in the certification. To the extent that there is any inconsistency between the MFPE and the Building Code of Australia, the MFPE prevails.
Appears in 1 contract
Samples: Major Works Subcontract
Classified Information. At the request of the Contractor, the Consultant Subcontractor must: comply with the Commonwealth's security clearance process; obtain the level of security clearance requested by the Commonwealth; and comply with all security policies and procedures notified by the Commonwealth from time to time. Without limiting clause 1.3(f20.3(f), the Consultant Subcontractor must not disclose any Classified Information unless the disclosure: is strictly in accordance with the provisions of the Defence Security Manual; and has first been approved in writing by the MCC Contract Administrator. In giving any approval to the Consultant Subcontractor under paragraph (b), the MCC Contract Administrator may impose such conditions as the MCC Contract Administrator thinks fit, including conditions requiring any recipient of Classified Information to obtain a level of security clearance and to enter into a deed in a form acceptable to the Commonwealth. Without limiting clause 1.3(f20.3(f), the Consultant Subcontractor must handle and store any Classified Information in its possession or control strictly in accordance with the provisions of the Defence Security Manual. The Subcontractor must ensure that any subsubcontract made in connection with this Subcontract contains enforceable obligations requiring the subsubcontractor to comply with the Subcontractor's obligations arising under this clause 16.13 as if the subsubcontractor were the Subcontractor. For the purposes of this clause 15.1116.13: Classified Information includes: any Commonwealth document marked with a national security classification; and any information or document that the Consultant Subcontractor knows or ought to know is subject to, or ought to be treated in accordance with, the provisions of the Defence Security Manual; and Defence Security Manual is a reference to that document as amended from time to time. Without limiting clauses 2.10, 2.12 or 6.13, the Consultant must provide to the Contractor's Representative written certification from an Accredited Building Surveyor: at the time it submits any Design Documentation under clause 6.2 - that the Design Documentation submitted at that time complies with the MFPE and the Building Code of Australia; and prior to Completion (as defined in the Managing Contractor Contract) of the MCC Works or a Stage (as defined in the Managing Contractor Contract) - that the MCC Works comply or the Stage (as defined in the Managing Contractor Contract) complies (as the case may be) with the MFPE and the Building Code of Australia, except to the extent of any dispensation granted by the ASEE and set out in the certification. To the extent that there is any inconsistency between the MFPE and the Building Code of Australia, the MFPE prevails.
Appears in 1 contract
Samples: Medium Works Subcontract