Classified Information. At the request of the Consultant, the 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 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 DSC Contract Administrator. In giving any approval to the Subconsultant under paragraph (b), the DSC Contract Administrator may impose such conditions as the 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 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 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. Manual of Fire Protection Engineering and Building Code of Australia Certification If required by the Brief and without limiting clauses 2.10, 2.11 and 6.13, the Subconsultant must provide to the Consultant'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 Construction Contract) of the Works or a Stage or a Section (as the case may be and as defined in the Construction Contract) - that the Works comply or the Stage or the Section (as the case may be and as defined in the 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. bUILDING CODE 2013 [INCLUDE IF THE DESIGN SERVICES CONTRACT INCLUDES PROVISIONS FOR THE BUILDING CODE 2013] General 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. Responsibility not Affected 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: Formal Agreement
Classified Information. At the request of the Consultant, the Subconsultant 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 Subconsultant 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 DSC 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 Subconsultant Consultant under paragraph (ba), the DSC Contract Administrator Defence Representative may impose such conditions as the DSC 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 Subconsultant 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 Subconsultant 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. Manual Security requirements, generally Without limiting clause 7 or any other requirement of Fire Protection Engineering this Contract, the Consultant acknowledges and Building Code of Australia Certification If required agrees that: compliance with Defence security requirements by the Brief Consultant and without limiting clauses 2.10its subconsultants is of fundamental importance to Defence; the Consultant must (and must ensure that its subconsultants): fulfil (to the 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 Establishment, 2.11 including access pass arrangements and 6.13, security inductions. the Subconsultant Consultant must provide ensure that all subcontracts made in connection with this Contract or the Services contain enforceable obligations requiring the subconsultant to comply with the Consultant'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 Construction Contract) of the Works or a Stage or a Section (as the case may be and as defined in the Construction Contract) - that the Works comply or the Stage or the Section (as the case may be and as defined in the 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. bUILDING CODE 2013 [INCLUDE IF THE DESIGN SERVICES CONTRACT INCLUDES PROVISIONS FOR THE BUILDING CODE 2013] General 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 arising under this clause 16; and not appoint any subsubconsultant in relation to 7.12 as if the Subcontract Services where: subconsultant were 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. Responsibility not Affected 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 ServicesConsultant.
Appears in 1 contract
Samples: Panel Agreement
Classified Information. At the request of the ConsultantContractor, the Subconsultant 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 Subconsultant 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 DSC MCC Contract Administrator. In giving any approval to the Subconsultant Subcontractor under paragraph (b), the DSC MCC Contract Administrator may impose such conditions as the DSC 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 Subconsultant 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 Subconsultant 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. Manual of Fire Protection Engineering and Building Code of Australia Certification If required by the Brief and without Without limiting clauses 2.10, 2.11 and 6.13, 8.3, 8.4 and 9.1(c), the Subconsultant Subcontractor must provide to the ConsultantContractor'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; before issue of any Design Documentation for the purpose of engaging and as a Contractor - that the Design Documentation to be issued at that time complies with the MFPE and the Building Code of Australia; and prior condition precedent to Completion (as defined in the Construction Contract) of the Subcontract Works or a Stage or a Section (as the case may be and as defined in the Construction Contract) - that the Subcontract Works comply or the Stage or the Section (as the case may be and as defined in the 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 identified in the certification. To the extent that there is any inconsistency between the MFPE and the Building Code of Australia, the MFPE prevails. bUILDING CODE 2013 [INCLUDE IF THE DESIGN SERVICES CONTRACT INCLUDES PROVISIONS FOR THE BUILDING CODE Building code 2013] General 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. Responsibility not Affected 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: Formal Agreement
Classified Information. At the request of the ConsultantContractor, the Subconsultant 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(f), the Subconsultant 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 DSC MCC Contract Administrator. In giving any approval to the Subconsultant Subcontractor under paragraph (b), the DSC MCC Contract Administrator may impose such conditions as the DSC 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(f), the Subconsultant 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 Subconsultant 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. Manual of Fire Protection Engineering and Building Code of Australia Certification If required by the Brief and without Without limiting clauses 2.10, 2.11 and 6.13, 8.3, 8.4 and (c), the Subconsultant Subcontractor must provide to the ConsultantContractor'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; before issue of any Design Documentation for the purpose of engaging and as a Contractor - that the Design Documentation to be issued at that time complies with the MFPE and the Building Code of Australia; and prior condition precedent to Completion (as defined in the Construction Contract) of the Subcontract Works or a Stage or a Section (as the case may be and as defined in the Construction Contract) - that the Subcontract Works comply or the Stage or the Section (as the case may be and as defined in the 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 identified in the certification. To the extent that there is any inconsistency between the MFPE and the Building Code of Australia, the MFPE prevails. bUILDING CODE 2013 [INCLUDE IF THE DESIGN SERVICES CONTRACT INCLUDES PROVISIONS FOR THE BUILDING CODE Building code 2013] General 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. Responsibility not Affected 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: Formal Agreement
Classified Information. At the request of the ConsultantContractor, the Subconsultant 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 Subconsultant 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 DSC MCC Contract Administrator. In giving any approval to the Subconsultant Consultant under paragraph (b), the DSC MCC Contract Administrator may impose such conditions as the DSC 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 Subconsultant 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 Subconsultant 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. Manual of Fire Protection Engineering and Building Code of Australia Certification If required by the Brief and without Without limiting clauses 2.10, 2.11 and 2.12 or 6.13, the Subconsultant Consultant must provide to the ConsultantContractor'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 Construction Managing Contractor Contract) of the MCC Works or a Stage or a Section (as the case may be and as defined in the Construction Managing Contractor Contract) - that the MCC Works comply or the Stage or the Section (as the case may be and as defined in the Construction 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. bUILDING BUILDING CODE 2013 [INCLUDE INSERT IF THE DESIGN SERVICES CONTRACT INCLUDES PROVISIONS FOR CONSULTANT WILL BE ENGAGING IN "BUILDING WORK" AS DEFINED IN THE BUILDING CODE 2013] General 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 IN FORCE PURSUANT TO THE FAIR WORK (including subcontractsBUILDING INDUSTRY) 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 Act 2012 (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. Responsibility not Affected 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.CTH)]
Appears in 1 contract
Samples: Formal Agreement