Common use of COMMERCIAL-IN-CONFIDENCE INFORMATION Clause in Contracts

COMMERCIAL-IN-CONFIDENCE INFORMATION. General The Contractor acknowledges that the Commonwealth is and will be subject to a number of Commonwealth requirements and policies which support internal and external scrutiny of its tendering and contracting processes and the objectives of transparency, accountability and value for money including requirements to: publish details of agency agreements, Commonwealth contracts, amendments and variations to any agreement or contract and standing offers with an estimated value of $10,000 or more on AusTender (the Commonwealth's business opportunity website located at xxx.xxxxxxx.xxx.xx); report and post on the internet a list of contracts valued at $100,000 or more and identify confidentiality requirements in accordance with the Senate Order on Department and Agency Contracts; and report and post on the internet information about its contracts in other ways pursuant to its other reporting and disclosure obligations, including annual reporting requirements and disclosure to any House or Committee of the Parliament of the Commonwealth of Australia. Commercial-in-Confidence Information Clause 20.2 does not apply unless the Contract Particulars state that it applies. Subject to paragraph (b), the Commonwealth must keep confidential any information provided to the Commonwealth by the Contractor before or after the Award Date when: a written request to keep specific information confidential and the justification for keeping such information confidential has been expressly made by the Contractor to the Commonwealth in its tender; the Commonwealth agrees (in its absolute discretion) that such information is commercial-in-confidence information; the Contract Administrator notifies the Contractor in writing that the Commonwealth (in its absolute discretion) agrees, including the terms of any agreement under subparagraph (ii); and such information and the terms of any agreement are expressly specified in the Contract Particulars, (Commercial-in-Confidence Information). The Commonwealth's obligation in paragraph (a) does not apply if the Commercial-in-Confidence Information is: disclosed by the Commonwealth to its legal or other advisers, or to its officers, employees, contractors or agents in order to comply with its obligations or to exercise its rights under or in connection with the Contract; disclosed by the Commonwealth to its legal or other advisers, or to its officers, employees, contractors or agents in order to comply with the Commonwealth's management, reporting or auditing requirements; disclosed by the Commonwealth to any responsible Minister or any Ministerial adviser or assistant; disclosed by the Commonwealth to any House or Committee of the Parliament of the Commonwealth of Australia; disclosed to any Commonwealth department, agency or authority by virtue of or in connection with its functions, or statutory or portfolio responsibilities; authorised or required by law to be disclosed; or in the public domain otherwise than due to a breach of paragraph (a).

COMMERCIAL-IN-CONFIDENCE INFORMATION. General The Contractor acknowledges that the Commonwealth is and will be subject to a number of Commonwealth requirements and policies which support internal and external scrutiny of its tendering and contracting processes and the objectives of transparency, accountability and value for value-for-money including requirements to: publish details of agency agreements, Commonwealth contracts, amendments and variations to any agreement or contract and standing offers with an estimated value of $10,000 or more on AusTender (the Commonwealth's business opportunity website located at xxx.xxxxxxx.xxx.xx); report and post on the internet a list of contracts valued at $100,000 or more and identify confidentiality requirements in accordance with the Senate Order on Department and Agency Contracts; and report and post on the internet information about its contracts in other ways pursuant to its other reporting and disclosure obligations, including annual reporting requirements and disclosure to any House or Committee of the Parliament of the Commonwealth of Australia. Commercial-in-Confidence Information Clause 20.2 does not apply unless the Contract Particulars state that it applies. Subject to paragraph (b), the Commonwealth must keep confidential any information provided to the Commonwealth by the Contractor before or after the Award Date when: a written request to keep specific information confidential and the justification for keeping such information confidential has been expressly made by the Contractor to the Commonwealth in its tender; the Commonwealth agrees (in its absolute discretion) that such information is commercial-in-confidence information; the Contract Administrator PDS Contractor notifies the Contractor in writing that the Commonwealth (in its absolute discretion) agrees, including the terms of any agreement under subparagraph (ii); and such information and the terms of any agreement are expressly specified in the Contract Particulars, (Commercial-in-Confidence Information). The Commonwealth's obligation in paragraph (a) does not apply if the Commercial-in-Confidence Information is: disclosed by the Commonwealth to its legal or other advisers, or to its officers, employees, contractors or agents in order to comply with its obligations or to exercise its rights under or in connection with the Contract; disclosed by the Commonwealth to its legal or other advisers, or to its officers, employees, contractors or agents in order to comply with the Commonwealth's management, reporting or auditing requirements; disclosed by the Commonwealth to any responsible Minister or any Ministerial adviser or assistant; disclosed by the Commonwealth to any House or Committee of the Parliament of the Commonwealth of Australia; disclosed to any Commonwealth department, agency or authority by virtue of or in connection with its functions, or statutory or portfolio responsibilities; authorised or required by law to be disclosed; or in the public domain otherwise than due to a breach of paragraph (a).

COMMERCIAL-IN-CONFIDENCE INFORMATION. General The Contractor Consultant acknowledges that the Commonwealth Principal is and will be subject to a number of Commonwealth requirements and policies which support internal and external scrutiny of its tendering and contracting processes and the objectives of transparency, accountability and value for value-for-money in contracting on Commonwealth projects, including requirements to: publish details of agency agreements, Commonwealth contracts, amendments and variations to any agreement or contract and standing offers with an estimated value of $10,000 or more on AusTender (the Commonwealth's business opportunity website located at xxx.xxxxxxx.xxx.xx); report and post on the internet a list of contracts valued at $100,000 or more and identify confidentiality requirements in accordance with the Senate Order on Department and Agency Contracts; and report and post on the internet information about its contracts in other ways pursuant to its other reporting and disclosure obligations, including annual reporting requirements and disclosure to any House or Committee of the Parliament of the Commonwealth of Australia. Commercial-in-Confidence Information Clause 20.2 does not apply unless the Contract Particulars state that it appliesCommonwealth. Subject to paragraph (bc), the Commonwealth Principal must keep confidential any information provided to the Commonwealth Principal by the Contractor before or after the Award Date whenConsultant as set out below: a written request to keep specific information confidential and the justification for keeping such information confidential has been expressly made by the Contractor to the Commonwealth in its tender; the Commonwealth agrees (in its absolute discretion) that such information is commercialCommercial-in-confidence information; the Contract Administrator notifies the Contractor in writing that the Commonwealth (in its absolute discretion) agrees, including the terms of any agreement under subparagraph (ii); and such information and the terms of any agreement are expressly specified in the Contract Particulars, Confidence Information Justification [TENDERER TO INSERT] [TENDERER TO INSERT] (Commercial-in-Confidence Information). The CommonwealthPrincipal's obligation in paragraph (ab) does not apply if the Commercial-in-Confidence Information is: disclosed by the Commonwealth Principal to its legal or other advisers, or to its officers, employees, contractors or agents in order to comply with its obligations or to exercise its rights under or in connection with the this Contract; disclosed by the Commonwealth Principal to its legal or other advisers, or to its officers, employees, contractors or agents in order to comply with the Commonwealth's management, reporting or auditing requirements; disclosed by the Commonwealth to any responsible Minister or any Ministerial adviser or assistant; disclosed by the Commonwealth to any House or Committee of the Parliament of the Commonwealth of AustraliaCommonwealth; disclosed to any Commonwealth department, agency or authority by virtue of or in connection with its functions, or statutory or portfolio responsibilities; authorised or required by law to be disclosed; or in the public domain otherwise than due to a breach of paragraph (ab).

COMMERCIAL-IN-CONFIDENCE INFORMATION. General The Contractor Subcontractor acknowledges that the Commonwealth is and the Contractor are and will be subject to a number of Commonwealth requirements and policies which support internal and external scrutiny of its Commonwealth tendering and contracting processes and the objectives of transparency, accountability and value for value-for-money including requirements to: publish details of agency agreements, Commonwealth contracts, amendments and variations to any agreement or contract and standing offers with an estimated value of $10,000 or more on AusTender (the Commonwealth's business opportunity website located at xxx.xxxxxxx.xxx.xx); report and post on the internet a list of contracts valued at $100,000 or more and identify confidentiality requirements in accordance with the Senate Order on Department and Agency Contracts; and report and post on the internet information about its contracts in other ways pursuant to its other reporting and disclosure obligations, including annual reporting requirements and disclosure to any House or Committee of the Parliament of the Commonwealth of Australia. Commercial-in-Confidence Information Clause This clause 20.2 does not apply unless the Contract Subcontract Particulars state that it applies. Subject to paragraph (b), the Commonwealth Contractor must keep confidential any information provided to the Commonwealth Contractor by the Contractor Subcontractor before or after the Award Date when: a written request to keep specific information confidential and the justification for keeping such information confidential has been expressly made by the Contractor Subcontractor to the Commonwealth Contractor in its tender; the Commonwealth Contractor agrees (in its absolute discretion) that such information is commercial-in-confidence information; the Contract Administrator Contractor’s Representative notifies the Contractor Subcontractor in writing that the Commonwealth Contractor agrees (in its absolute discretion) agrees), including the terms of any agreement under subparagraph (ii); and such information and the terms of any agreement are expressly specified in the Contract Subcontract Particulars, (Commercial-in-Confidence Information). The CommonwealthContractor's obligation in paragraph (a) does not apply if the Commercial-in-Confidence Information is: disclosed by the Commonwealth Contractor to its legal or other advisers, or to its officers, employees, contractors or agents in order to comply with its obligations or to exercise its rights under or in connection with the Contractthis Subcontract; disclosed by the Commonwealth Contractor to its legal or other advisers, or to its officers, employees, contractors or agents in order to comply with the CommonwealthContractor's management, reporting or auditing requirementsrequirements under the Managing Contractor Contract; disclosed by the Commonwealth Contractor to any responsible Minister or any Ministerial adviser or assistantassistant of the Commonwealth; disclosed by the Commonwealth Contractor to any House or Committee of the Parliament of the Commonwealth of Australia; disclosed to any Commonwealth department, agency or authority by virtue of or in connection with with: its functions, or statutory or portfolio responsibilities; or the Managing Contractor Contract; authorised or required by law to be disclosed; or in the public domain otherwise than due to a breach of paragraph (a). INFORMATION SECURITY - CONFIDENTIAL INFORMATION Subcontractor's Warranty The Subcontractor acknowledges and agrees that the Confidential Information is confidential. The Subcontractor warrants that, on the Award Date and on the date of submitting each payment claim under clause 11.2, it is not aware of any breach of clause 21 by the Subcontractor or any Recipient.

COMMERCIAL-IN-CONFIDENCE INFORMATION. General The Contractor Consultant acknowledges that the Commonwealth is and will Principal may be subject to a number of Commonwealth requirements and policies policies, which support internal and external scrutiny of its tendering and contracting processes and the objectives of transparency, accountability and value for value-for-money including requirements to: publish details of agency agreements, Commonwealth contracts, amendments and variations to any agreement or contract and standing offers with an estimated value of $10,000 or more on AusTender (the Commonwealth's business opportunity website located at xxx.xxxxxxx.xxx.xx); report and post on the internet a list of contracts valued at $100,000 or more and identify confidentiality requirements in accordance with the Senate Order on Department and Agency Contracts; and report and post on the internet information about its contracts in other ways pursuant to its other reporting and disclosure obligations, including annual reporting requirements and disclosure to any House or Committee of the Parliament of the Commonwealth of Australia. Commercial-in-Confidence Information Clause 20.2 14.2 does not apply unless the Contract Particulars state that it applies. Subject to paragraph (b), the Commonwealth Principal must keep confidential any information provided to the Commonwealth Principal by the Contractor Consultant before or after the Award Date when: a written request to keep specific information confidential and the justification for keeping such information confidential has been expressly made by the Contractor Consultant to the Commonwealth Principal in its tender; the Commonwealth Principal agrees (in its absolute discretion) that such information is commercial-in-confidence information; the Contract Administrator Principal notifies the Contractor Consultant in writing that the Commonwealth Principal (in its absolute discretion) agrees, including the terms of any agreement under subparagraph (ii); and such information and the terms of any agreement are expressly specified is identified in the Contract Particulars, (Commercial-in-Confidence Information). The CommonwealthPrincipal's obligation in paragraph (a) does not apply if the Commercial-in-Confidence Information is: disclosed by the Commonwealth Principal to its legal or other advisers, or to its officers, employees, contractors or agents in order to comply with its obligations or to exercise its rights under or in connection with the this Contract; disclosed by the Commonwealth Principal to its legal or other advisers, or to its officers, employees, contractors or agents in order to comply with the CommonwealthPrincipal's management, reporting or auditing requirements; disclosed by the Commonwealth to any responsible Minister or any Ministerial adviser or assistant; disclosed by the Commonwealth to any House or Committee of the Parliament of the Commonwealth of Australia; disclosed to any Commonwealth department, agency or authority by virtue of or in connection with its functions, or statutory or portfolio responsibilities; authorised or required by law to be disclosed; or in the public domain otherwise than due to a breach of paragraph (a).

COMMERCIAL-IN-CONFIDENCE INFORMATION. General The Contractor Subconsultant acknowledges that the Commonwealth is and the Consultant are and will be subject to a number of Commonwealth requirements and policies policies, which support internal and external scrutiny of its tendering and contracting processes and the objectives of transparency, accountability and value for value-for-money including requirements to: publish details of agency agreements, Commonwealth contracts, amendments and variations to any agreement or contract and standing offers with an estimated value of $10,000 or more on AusTender (the Commonwealth's business opportunity website located at xxx.xxxxxxx.xxx.xx); report and post on the internet a list of contracts valued at $100,000 or more and identify confidentiality requirements in accordance with the Senate Order on Department and Agency Contracts; and report and post on the internet information about its contracts in other ways pursuant to its other reporting and disclosure obligations, including annual reporting requirements and disclosure to any House or Committee of the Parliament of the Commonwealth of Australia. Commercial-in-Confidence Information Clause 20.2 17.2 does not apply unless the Contract Subcontract Particulars state that it applies. Subject to paragraph (b), the Commonwealth Consultant must keep confidential any information provided to the Commonwealth Consultant by the Contractor Subconsultant before or after the Award Date when: a written request to keep specific information confidential and the justification for keeping such information confidential has been expressly made by the Contractor Subconsultant to the Commonwealth Consultant in its tender; the Commonwealth Consultant agrees (in its absolute discretion) that such information is commercial-in-confidence information; the Contract Administrator Consultant notifies the Contractor Subconsultant in writing that the Commonwealth of its agreement (in its absolute discretion) agrees, including the terms of any agreement agreement) under subparagraph (ii); and such information and the terms of any agreement are expressly specified is identified in the Contract Subcontract Particulars, (Commercial-in-Confidence Information). The CommonwealthConsultant's obligation in paragraph (a) does not apply if the Commercial-in-Confidence Information is: disclosed by the Commonwealth Consultant to its legal or other advisers, or to its officers, employees, contractors or agents in order to comply with its obligations or to exercise its rights under or in connection with the Contractthis Subcontract; disclosed by the Commonwealth Consultant to its legal or other advisers, or to its officers, employees, contractors or agents in order to comply with the CommonwealthConsultant's management, reporting or auditing requirementsrequirements under the Design Services Contract; disclosed by the Commonwealth Consultant to any responsible Minister or any Ministerial adviser or assistant; disclosed by the Commonwealth Consultant to any House or Committee of the Parliament of the Commonwealth of Australia; disclosed to any Commonwealth department, agency or authority by virtue of or in connection with with: its functions, or statutory or portfolio responsibilities; or the Design Services Contract; authorised or required by law to be disclosed; or in the public domain otherwise than due to a breach of paragraph (a). FAIR WORK PRINCIPLES This clause 18 applies unless the Subcontract Particulars state that it does not apply.

COMMERCIAL-IN-CONFIDENCE INFORMATION. General The Contractor Consultant acknowledges that the Commonwealth is and the Contractor are and will be subject to a number of Commonwealth requirements and policies policies, which support internal and external scrutiny of its tendering and contracting processes and the objectives of transparency, accountability and value for money including requirements to: publish details of agency agreements, Commonwealth contracts, amendments and variations to any agreement or contract and standing offers with an estimated value of $10,000 or more on AusTender (the Commonwealth's business opportunity website located at xxx.xxxxxxx.xxx.xx); report and post on the internet a list of contracts valued at $100,000 or more and identify confidentiality requirements in accordance with the Senate Order on Department and Agency Contracts; and report and post on the internet information about its contracts in other ways pursuant to its other reporting and disclosure obligations, including annual reporting requirements and disclosure to any House or Committee of the Parliament of the Commonwealth of Australia. Commercial-in-Confidence Information Clause 20.2 17.2 does not apply unless the Contract Subcontract Particulars state that it applies. Subject to paragraph (b), the Commonwealth Contractor must keep confidential any information provided to the Commonwealth Contractor by the Contractor Consultant before or after the Award Date when: a written request to keep specific information confidential and the justification for keeping such information confidential has been expressly made by the Contractor Consultant to the Commonwealth Contractor in its tender; the Commonwealth Contractor agrees (in its absolute discretion) that such information is commercial-in-confidence information; the Contract Administrator Contractor’s Representative notifies the Contractor Consultant in writing that the Commonwealth Contractor (in its absolute discretion) agrees, including the terms of any agreement under subparagraph (ii); and such information and the terms of any agreement are expressly specified in the Contract Subcontract Particulars, (Commercial-in-Confidence Information). The CommonwealthContractor's obligation in paragraph (a) does not apply if the Commercial-in-Confidence Information is: disclosed by the Commonwealth Contractor to its legal or other advisers, or to its officers, employees, contractors or agents in order to comply with its obligations or to exercise its rights under or in connection with the ContractSubcontract; disclosed by the Commonwealth Contractor to its legal or other advisers, or to its officers, employees, contractors or agents in order to comply with the CommonwealthContractor's management, reporting or auditing requirementsrequirements under the Managing Contractor Contract; disclosed by the Commonwealth Contractor to any responsible Minister or any Ministerial adviser or assistant; disclosed by the Commonwealth Contractor to any House or Committee of the Parliament of the Commonwealth of AustraliaCommonwealth; disclosed to any Commonwealth department, agency or authority by virtue of or in connection with with: its functions, or statutory or portfolio responsibilities; or the Managing Contractor Contract; authorised or required by law to be disclosed; or in the public domain otherwise than due to a breach of paragraph (a).

COMMERCIAL-IN-CONFIDENCE INFORMATION. General The Contractor Subcontractor acknowledges that the Commonwealth is and the Contractor are and will be subject to a number of Commonwealth requirements and policies which support internal and external scrutiny of its Commonwealth tendering and contracting processes and the objectives of transparency, accountability and value for value-for-money including requirements to: publish details of agency agreements, Commonwealth contracts, amendments and variations to any agreement or contract and standing offers with an estimated value of $10,000 or more on AusTender (the Commonwealth's business opportunity website located at xxx.xxxxxxx.xxx.xx); report and post on the internet a list of contracts valued at $100,000 or more and identify confidentiality requirements in accordance with the Senate Order on Department and Agency Contracts; and report and post on the internet information about its contracts in other ways pursuant to its other reporting and disclosure obligations, including annual reporting requirements and disclosure to any House or Committee of the Parliament of the Commonwealth of Australia. Commercial-in-Confidence Information Clause 20.2 19.2 does not apply unless the Contract Subcontract Particulars state that it applies. Subject to paragraph (b), the Commonwealth Contractor must keep confidential any information provided to the Commonwealth Contractor by the Contractor Subcontractor before or after the Award Date when: a written request to keep specific information confidential and the justification for keeping such information confidential has been expressly made by the Contractor Subcontractor to the Commonwealth Contractor in its tender; the Commonwealth Contractor agrees (in its absolute discretion) that such information is commercial-in-confidence information; the Contract Administrator Contractor notifies the Contractor Subcontractor in writing that the Commonwealth of its agreement (in its absolute discretion) agrees, including the terms of any agreement agreement) under subparagraph (ii); and such information and the terms of any agreement are expressly specified is identified in the Contract Subcontract Particulars, (Commercial-in-Confidence Information). The CommonwealthContractor's obligation in paragraph (a) does not apply if the Commercial-in-Confidence Information is: disclosed by the Commonwealth Contractor to its legal or other advisers, or to its officers, employees, contractors or agents in order to comply with its obligations or to exercise its rights under or in connection with the Contractthis Subcontract; disclosed by the Commonwealth Contractor to its legal or other advisers, or to its officers, employees, contractors or agents in order to comply with the CommonwealthContractor's management, reporting or auditing requirementsrequirements under the Managing Contractor Contract; disclosed by the Commonwealth Contractor to any responsible Minister or any Ministerial adviser or assistant; disclosed by the Commonwealth Contractor to any House or Committee of the Parliament of the Commonwealth of Australia; disclosed to any Commonwealth department, agency or authority by virtue of or in connection with with: its functions, or statutory or portfolio responsibilities; or the Managing Contractor Contract; authorised or required by law to be disclosed; or in the public domain otherwise than due to a breach of paragraph (a).

COMMERCIAL-IN-CONFIDENCE INFORMATION. General The Contractor acknowledges that the Commonwealth is and will be subject to a number of Commonwealth requirements and policies which support internal and external scrutiny of its tendering and contracting processes and the objectives of transparency, accountability and value for money including requirements to: publish details of agency agreements, Commonwealth contracts, amendments and variations to any agreement or contract and standing offers with an estimated value of $10,000 or more on AusTender (the Commonwealth's business opportunity website located at xxx.xxxxxxx.xxx.xx); report and post on the internet a list of contracts valued at $100,000 or more and identify confidentiality requirements in accordance with the Senate Order on Department and Agency Contracts; and report and post on the internet information about its contracts in other ways pursuant to its other reporting and disclosure obligations, including annual reporting requirements and disclosure to any House or Committee of the Parliament of the Commonwealth of Australia. Commercial-in-Confidence Information Clause 20.2 21.2 does not apply unless the Contract Particulars state that it applies. Subject to paragraph (b), the Commonwealth must keep confidential any information provided to the Commonwealth by the Contractor before or after the Award Date when: a written request to keep specific information confidential and the justification for keeping such information confidential has been expressly made by the Contractor to the Commonwealth in its tender; the Commonwealth agrees (in its absolute discretion) that such information is commercial-in-confidence information; the Contract Administrator Commonwealth notifies the Contractor in writing that the Commonwealth of its agreement (in its absolute discretion) agrees, including the terms of any agreement agreement) under subparagraph (ii); and such information and the terms of any agreement are expressly specified is identified in the Contract Particulars, (Commercial-in-Confidence Information). The Commonwealth's obligation in paragraph (a) does not apply if the Commercial-in-Confidence Information is: disclosed by the Commonwealth to its legal or other advisers, or to its officers, employees, contractors or agents in order to comply with its obligations or to exercise its rights under or in connection with the this Contract; disclosed by the Commonwealth to its legal or other advisers, or to its officers, employees, contractors or agents in order to comply with the Commonwealth's management, reporting or auditing requirements; disclosed by the Commonwealth to any responsible Minister or any Ministerial adviser or assistant; disclosed by the Commonwealth to any House or Committee of the Parliament of the Commonwealth of Australia; disclosed to any Commonwealth department, agency or authority by virtue of or in connection with its functions, or statutory or portfolio responsibilities; authorised or required by law to be disclosed; or in the public domain otherwise than due to a breach of paragraph (a).

COMMERCIAL-IN-CONFIDENCE INFORMATION. General The Contractor Consultant acknowledges that the Commonwealth is and the Contractor are and will be subject to a number of Commonwealth requirements and policies policies, which support internal and external scrutiny of its tendering and contracting processes and the objectives of transparency, accountability and value for value-for-money including requirements to: publish details of agency agreements, Commonwealth contracts, amendments and variations to any agreement or contract and standing offers with an estimated value of $10,000 or more on AusTender (the Commonwealth's business opportunity website located at xxx.xxxxxxx.xxx.xx); report and post on the internet a list of contracts valued at $100,000 or more and identify confidentiality requirements in accordance with the Senate Order on Department and Agency Contracts; and report and post on the internet information about its contracts in other ways pursuant to its other reporting and disclosure obligations, including annual reporting requirements and disclosure to any House or Committee of the Parliament of the Commonwealth of Australia. Commercial-in-Confidence Information Clause 20.2 17.2 does not apply unless the Contract Subcontract Particulars state that it applies. Subject to paragraph (b), the Commonwealth Contractor must keep confidential any information provided to the Commonwealth Contractor by the Contractor Consultant before or after the Award Date when: a written request to keep specific information confidential and the justification for keeping such information confidential has been expressly made by the Contractor Consultant to the Commonwealth Contractor in its tender; the Commonwealth Contractor agrees (in its absolute discretion) that such information is commercial-in-confidence information; the Contract Administrator Contractor notifies the Contractor Consultant in writing that the Commonwealth of its agreement (in its absolute discretion) agrees, including the terms of any agreement agreement) under subparagraph (ii); and such information and the terms of any agreement are expressly specified is identified in the Contract Subcontract Particulars, (Commercial-in-Confidence Information). The CommonwealthContractor's obligation in paragraph (a) does not apply if the Commercial-in-Confidence Information is: disclosed by the Commonwealth Contractor to its legal or other advisers, or to its officers, employees, contractors or agents in order to comply with its obligations or to exercise its rights under or in connection with the Contractthis Subcontract; disclosed by the Commonwealth Contractor to its legal or other advisers, or to its officers, employees, contractors or agents in order to comply with the CommonwealthContractor's management, reporting or auditing requirementsrequirements under the Managing Contractor Contract; disclosed by the Commonwealth Contractor to any responsible Minister or any Ministerial adviser or assistant; disclosed by the Commonwealth Contractor to any House or Committee of the Parliament of the Commonwealth of Australia; disclosed to any Commonwealth department, agency or authority by virtue of or in connection with with: its functions, or statutory or portfolio responsibilities; or the Managing Contractor Contract; authorised or required by law to be disclosed; or in the public domain otherwise than due to a breach of paragraph (a). FAIR WORK PRINCIPLES This clause 18 applies unless the Subcontract Particulars state that it does not apply.

COMMERCIAL-IN-CONFIDENCE INFORMATION. General The Contractor Subcontractor acknowledges that the Commonwealth is and the Contractor are and will be subject to a number of Commonwealth requirements and policies which support internal and external scrutiny of its Commonwealth tendering and contracting processes and the objectives of transparency, accountability and value for value-for-money including requirements to: publish details of agency agreements, Commonwealth contracts, amendments and variations to any agreement or contract and standing offers with an estimated value of $10,000 or more on AusTender (the Commonwealth's business opportunity website located at xxx.xxxxxxx.xxx.xx); report and post on the internet a list of contracts valued at $100,000 or more and identify confidentiality requirements in accordance with the Senate Order on Department and Agency Contracts; and report and post on the internet information about its contracts in other ways pursuant to its other reporting and disclosure obligations, including annual reporting requirements and disclosure to any House or Committee of the Parliament of the Commonwealth of Australia. Commercial-in-Confidence Information Clause 20.2 does not apply unless the Contract Subcontract Particulars state that it applies. Subject to paragraph (bd), the Commonwealth Contractor must keep confidential any information provided to the Commonwealth Contractor by the Contractor Subcontractor before or after the Award Date when: a written request to keep specific information confidential and the justification for keeping such information confidential has been expressly made by the Contractor Subcontractor to the Commonwealth Contractor in its tender; the Commonwealth Contractor agrees (in its absolute discretion) that such information is commercial-in-confidence information; the Contract Administrator Contractor notifies the Contractor Subcontractor in writing that the Commonwealth of its agreement (in its absolute discretion) agrees, including the terms of any agreement agreement) under subparagraph (ii); and such information and the terms of any agreement are expressly specified is identified in the Contract Subcontract Particulars, (Commercial-in-Confidence Information). The CommonwealthContractor's obligation in paragraph (a) does not apply if the Commercial-in-Confidence Information is: disclosed by the Commonwealth Contractor to its legal or other advisers, or to its officers, employees, contractors or agents in order to comply with its obligations or to exercise its rights under or in connection with the Contractthis Subcontract; disclosed by the Commonwealth Contractor to its legal or other advisers, or to its officers, employees, contractors or agents in order to comply with the CommonwealthContractor's management, reporting or auditing requirementsrequirements under the Managing Contractor Contract; disclosed by the Commonwealth Contractor to any responsible Minister or any Ministerial adviser or assistant; disclosed by the Commonwealth Contractor to any House or Committee of the Parliament of the Commonwealth of Australia; disclosed to any Commonwealth department, agency or authority by virtue of or in connection with with: its functions, or statutory or portfolio responsibilities; or the Managing Contractor Contract; authorised or required by law to be disclosed; or in the public domain otherwise than due to a breach of paragraph (a). FAIR WORK PRINCIPLES This clause 21. applies unless the Subcontract Particulars state that it does not apply.

COMMERCIAL-IN-CONFIDENCE INFORMATION. General The Contractor Subcontractor acknowledges that the Commonwealth is and the Contractor are and will be subject to a number of Commonwealth requirements and policies which support internal and external scrutiny of its Commonwealth tendering and contracting processes and the objectives of transparency, accountability and value for value-for-money including requirements to: publish details of agency agreements, Commonwealth contracts, amendments and variations to any agreement or contract and standing offers with an estimated value of $10,000 or more on AusTender (the Commonwealth's business opportunity website located at xxx.xxxxxxx.xxx.xx); report and post on the internet a list of contracts valued at $100,000 or more and identify confidentiality requirements in accordance with the Senate Order on Department and Agency Contracts; and report and post on the internet information about its contracts in other ways pursuant to its other reporting and disclosure obligations, including annual reporting requirements and disclosure to any House or Committee of the Parliament of the Commonwealth of Australia. Commercial-in-Confidence Information Clause 20.2 does not apply unless the Contract Subcontract Particulars state that it applies. Subject to paragraph (bd), the Commonwealth Contractor must keep confidential any information provided to the Commonwealth Contractor by the Contractor Subcontractor before or after the Award Date when: a written request to keep specific information confidential and the justification for keeping such information confidential has been expressly made by the Contractor Subcontractor to the Commonwealth Contractor in its tender; the Commonwealth Contractor agrees (in its absolute discretion) that such information is commercial-in-confidence information; the Contract Administrator Contractor notifies the Contractor Subcontractor in writing that the Commonwealth of its agreement (in its absolute discretion) agrees, including the terms of any agreement agreement) under subparagraph (ii); and such information and the terms of any agreement are expressly specified is identified in the Contract Subcontract Particulars, (Commercial-in-Confidence Information). The CommonwealthContractor's obligation in paragraph (a) does not apply if the Commercial-in-Confidence Information is: disclosed by the Commonwealth Contractor to its legal or other advisers, or to its officers, employees, contractors or agents in order to comply with its obligations or to exercise its rights under or in connection with the Contractthis Subcontract; disclosed by the Commonwealth Contractor to its legal or other advisers, or to its officers, employees, contractors or agents in order to comply with the CommonwealthContractor's management, reporting or auditing requirementsrequirements under the Managing Contractor Contract; disclosed by the Commonwealth Contractor to any responsible Minister or any Ministerial adviser or assistant; disclosed by the Commonwealth Contractor to any House or Committee of the Parliament of the Commonwealth of Australia; disclosed to any Commonwealth department, agency or authority by virtue of or in connection with with: its functions, or statutory or portfolio responsibilities; or the Managing Contractor Contract; authorised or required by law to be disclosed; or in the public domain otherwise than due to a breach of paragraph (a). FAIR WORK PRINCIPLES This clause 21 applies unless the Subcontract Particulars state that it does not apply.

COMMERCIAL-IN-CONFIDENCE INFORMATION. General The Contractor Consultant acknowledges that the Commonwealth is and will be subject to a number of Commonwealth requirements and policies policies, which support internal and external scrutiny of its tendering and contracting processes and the objectives of transparency, accountability and value for money including requirements to: publish details of agency agreements, Commonwealth contracts, amendments and variations to any agreement or contract and standing offers with an estimated value of $10,000 or more on AusTender (the Commonwealth's business opportunity website located at xxx.xxxxxxx.xxx.xx); report and post on the internet a list of contracts valued at $100,000 or more and identify confidentiality requirements in accordance with the Senate Order on Department and Agency Contracts; and report and post on the internet information about its contracts in other ways pursuant to its other reporting and disclosure obligations, including annual reporting requirements and disclosure to any House or Committee of the Parliament of the Commonwealth of Australia. Commercial-in-Confidence Information Clause 20.2 17.2 does not apply unless the Contract Particulars state that it applies. Subject to paragraph (b), the Commonwealth must keep confidential any information provided to the Commonwealth by the Contractor Consultant before or after the Award Date when: a written request to keep specific information confidential and the justification for keeping such information confidential has been expressly made by the Contractor Consultant to the Commonwealth in its tender; the Commonwealth agrees (in its absolute discretion) that such information is commercial-in-confidence information; the Contract Administrator notifies the Contractor Consultant in writing that the Commonwealth (in its absolute discretion) agrees, including the terms of any agreement agreement, under subparagraph (ii); and such information and the terms of any agreement are expressly specified in the Contract Particulars, (Commercial-in-Confidence Information). The Commonwealth's obligation in paragraph (a) does not apply if the Commercial-in-Confidence Information is: disclosed by the Commonwealth to its legal or other advisers, or to its officers, employees, contractors or agents in order to comply with its obligations or to exercise its rights under or in connection with the Contract; disclosed by the Commonwealth to its legal or other advisers, or to its officers, employees, contractors or agents in order to comply with the Commonwealth's management, reporting or auditing requirements; disclosed by the Commonwealth to any responsible Minister or any Ministerial adviser or assistant; disclosed by the Commonwealth to any House or Committee of the Parliament of the Commonwealth of Australia; disclosed to any Commonwealth department, agency or authority by virtue of or in connection with its functions, or statutory or portfolio responsibilities; authorised or required by law to be disclosed; or in the public domain otherwise than due to a breach of paragraph (a).

COMMERCIAL-IN-CONFIDENCE INFORMATION. General The Contractor Subcontractor acknowledges that the Commonwealth is and the Contractor are and will be subject to a number of Commonwealth requirements and policies which support internal and external scrutiny of its Commonwealth tendering and contracting processes and the objectives of transparency, accountability and value for value-for-money including requirements to: publish details of agency agreements, Commonwealth contracts, amendments and variations to any agreement or contract and standing offers with an estimated value of $10,000 or more on AusTender (the Commonwealth's business opportunity website located at xxx.xxxxxxx.xxx.xx); report and post on the internet a list of contracts valued at $100,000 or more and identify confidentiality requirements in accordance with the Senate Order on Department and Agency Contracts; and report and post on the internet information about its contracts in other ways pursuant to its other reporting and disclosure obligations, including annual reporting requirements and disclosure to any House or Committee of the Parliament of the Commonwealth of Australia. Commercial-in-Confidence Information Clause 20.2 This clause 19.2 does not apply unless the Contract Subcontract Particulars state that it applies. Subject to paragraph (b), the Commonwealth Contractor must keep confidential any information provided to the Commonwealth Contractor by the Contractor Subcontractor before or after the Award Date when: a written request to keep specific information confidential and the justification for keeping such information confidential has been expressly made by the Contractor Subcontractor to the Commonwealth Contractor in its tender; the Commonwealth Contractor agrees (in its absolute discretion) that such information is commercial-in-confidence information; the Contract Administrator Contractor’s Representative notifies the Contractor Subcontractor in writing that the Commonwealth Contractor agrees (in its absolute discretion) agrees), including the terms of any agreement under subparagraph (ii); and such information and the terms of any agreement are expressly specified in the Contract Subcontract Particulars, (Commercial-in-Confidence Information). The CommonwealthContractor's obligation in paragraph (a) does not apply if the Commercial-in-Confidence Information is: disclosed by the Commonwealth Contractor to its legal or other advisers, or to its officers, employees, contractors or agents in order to comply with its obligations or to exercise its rights under or in connection with the Contractthis Subcontract; disclosed by the Commonwealth Contractor to its legal or other advisers, or to its officers, employees, contractors or agents in order to comply with the CommonwealthContractor's management, reporting or auditing requirementsrequirements under the Managing Contractor Contract; disclosed by the Commonwealth Contractor to any responsible Minister or any Ministerial adviser or assistantassistant of the Commonwealth; disclosed by the Commonwealth Contractor to any House or Committee of the Parliament of the Commonwealth of Australia; disclosed to any Commonwealth department, agency or authority by virtue of or in connection with with: its functions, or statutory or portfolio responsibilities; or the Managing Contractor Contract; authorised or required by law to be disclosed; or in the public domain otherwise than due to a breach of paragraph (a). INFORMATION SECURITY - CONFIDENTIAL INFORMATION Subcontractor's Warranty The Subcontractor acknowledges and agrees that the Confidential Information is confidential. The Subcontractor warrants that, on the Award Date and on the date of submitting each payment claim under clause 11.2, it is not aware of any breach of clause 20 by the Subcontractor or any Recipient.

COMMERCIAL-IN-CONFIDENCE INFORMATION. General The Contractor Consultant acknowledges that the Commonwealth is and will be subject to a number of Commonwealth requirements and policies policies, which support internal and external scrutiny of its tendering and contracting processes and the objectives of transparency, accountability and value for money including requirements to: publish details of agency agreements, Commonwealth contracts, amendments and variations to any agreement or contract and standing offers with an estimated value of $10,000 or more on AusTender (the Commonwealth's business opportunity website located at xxx.xxxxxxx.xxx.xx); report and post on the internet a list of contracts valued at $100,000 or more and identify confidentiality requirements in accordance with the Senate Order on Department and Agency Contracts; and report and post on the internet information about its contracts in other ways pursuant to its other reporting and disclosure obligations, including annual reporting requirements and disclosure to any House or Committee of the Parliament of the Commonwealth of Australia. Commercial-in-Confidence Information Clause 20.2 18.2 does not apply unless the Contract Particulars state that it applies. Subject to paragraph (b), the Commonwealth must keep confidential any information provided to the Commonwealth by the Contractor Consultant before or after the Award Date when: a written request to keep specific information confidential and the justification for keeping such information confidential has been expressly made by the Contractor Consultant to the Commonwealth in its tender; the Commonwealth agrees (in its absolute discretion) that such information is commercial-in-confidence information; the Contract Administrator notifies the Contractor Consultant in writing that the Commonwealth (in its absolute discretion) agrees, including the terms of any agreement agreement, under subparagraph (ii); and such information and the terms of any agreement are expressly specified in the Contract Particulars, (Commercial-in-Confidence Information). The Commonwealth's obligation in paragraph (a) does not apply if the Commercial-in-Confidence Information is: disclosed by the Commonwealth to its legal or other advisers, or to its officers, employees, contractors or agents in order to comply with its obligations or to exercise its rights under or in connection with the Contract; disclosed by the Commonwealth to its legal or other advisers, or to its officers, employees, contractors or agents in order to comply with the Commonwealth's management, reporting or auditing requirements; disclosed by the Commonwealth to any responsible Minister or any Ministerial adviser or assistant; disclosed by the Commonwealth to any House or Committee of the Parliament of the Commonwealth of Australia; disclosed to any Commonwealth department, agency or authority by virtue of or in connection with its functions, or statutory or portfolio responsibilities; authorised or required by law to be disclosed; or in the public domain otherwise than due to a breach of paragraph (a).

COMMERCIAL-IN-CONFIDENCE INFORMATION. General The Contractor Subcontractor acknowledges that the Commonwealth is and the Contractor are and will be subject to a number of Commonwealth requirements and policies which support internal and external scrutiny of its Commonwealth tendering and contracting processes and the objectives of transparency, accountability and value for value-for-money including requirements to: publish details of agency agreements, Commonwealth contracts, amendments and variations to any agreement or contract and standing offers with an estimated value of $10,000 or more on AusTender (the Commonwealth's business opportunity website located at xxx.xxxxxxx.xxx.xx); report and post on the internet a list of contracts valued at $100,000 or more and identify confidentiality requirements in accordance with the Senate Order on Department and Agency Contracts; and report and post on the internet information about its contracts in other ways pursuant to its other reporting and disclosure obligations, including annual reporting requirements and disclosure to any House or Committee of the Parliament of the Commonwealth of Australia. Commercial-in-Confidence Information Clause 20.2 19.2 does not apply unless the Contract Subcontract Particulars state that it applies. Subject to paragraph (b), the Commonwealth Contractor must keep confidential any information provided to the Commonwealth Contractor by the Contractor Subcontractor before or after the Award Date when: a written request to keep specific information confidential and the justification for keeping such information confidential has been expressly made by the Contractor Subcontractor to the Commonwealth Contractor in its tender; the Commonwealth Contractor agrees (in its absolute discretion) that such information is commercial-in-confidence information; the Contract Administrator Contractor’s Representative notifies the Contractor Subcontractor in writing that the Commonwealth Contractor (in its absolute discretion) agrees, including the terms of any agreement under subparagraph (ii); and such information and the terms of any agreement are expressly specified in the Contract Subcontract Particulars, (Commercial-in-Confidence Information). The CommonwealthContractor's obligation in paragraph (a) does not apply if the Commercial-in-Confidence Information is: disclosed by the Commonwealth Contractor to its legal or other advisers, or to its officers, employees, contractors or agents in order to comply with its obligations or to exercise its rights under or in connection with the ContractSubcontract; disclosed by the Commonwealth Contractor to its legal or other advisers, or to its officers, employees, contractors or agents in order to comply with the CommonwealthContractor's management, reporting or auditing requirementsrequirements under the Managing Contractor Contract; disclosed by the Commonwealth Contractor to any responsible Minister or any Ministerial adviser or assistant; disclosed by the Commonwealth Contractor to any House or Committee of the Parliament of the Commonwealth of Australia; disclosed to any Commonwealth department, agency or authority by virtue of or in connection with with: its functions, or statutory or portfolio responsibilities; or the Managing Contractor Contract; authorised or required by law to be disclosed; or in the public domain otherwise than due to a breach of paragraph (a). INFORMATION SECURITY - CONFIDENTIAL INFORMATION Subcontractor's Warranty The Subcontractor acknowledges and agrees that the Confidential Information is confidential. The Subcontractor warrants that, on the Award Date and on the date of submitting each payment claim under clause 11.2, it is not aware of any breach of clause 20 by the Subcontractor or any Recipient.

COMMERCIAL-IN-CONFIDENCE INFORMATION. General The Contractor Subcontractor acknowledges that the Commonwealth is and the Contractor are and will be subject to a number of Commonwealth requirements and policies which support internal and external scrutiny of its Commonwealth tendering and contracting processes and the objectives of transparency, accountability and value for value-for-money including requirements to: publish details of agency agreements, Commonwealth contracts, amendments and variations to any agreement or contract and standing offers with an estimated value of $10,000 or more on AusTender (the Commonwealth's ’s business opportunity website located at xxx.xxxxxxx.xxx.xx); report and post on the internet a list of contracts valued at $100,000 or more and identify confidentiality requirements in accordance with the Senate Order on Department and Agency Contracts; and report and post on the internet information about its contracts in other ways pursuant to its other reporting and disclosure obligations, including annual reporting requirements and disclosure to any House or Committee of the Parliament of the Commonwealth of Australia. Commercial-in-Confidence Information Clause 20.2 does not apply unless the Contract Subcontract Particulars state that it applies. Subject to paragraph (b), the Commonwealth Contractor must keep confidential any information provided to the Commonwealth Contractor by the Contractor Subcontractor before or after the Award Date when: a written request to keep specific information confidential and the justification for keeping such information confidential has been expressly made by the Contractor Subcontractor to the Commonwealth Contractor in its tender; the Commonwealth Contractor agrees (in its absolute discretion) that such information is commercial-in-confidence information; the Contract Administrator Contractor’s Representative notifies the Contractor Subcontractor in writing that the Commonwealth Contractor (in its absolute discretion) agrees, including the terms of any agreement under subparagraph (ii); and such information and the terms of any agreement are expressly specified in the Contract Subcontract Particulars, (Commercial-in-Confidence Information). The Commonwealth's obligation in paragraph (a) does not apply if the Commercial-in-Confidence Information is: disclosed by the Commonwealth to its legal or other advisers, or to its officers, employees, contractors or agents in order to comply with its obligations or to exercise its rights under or in connection with the Contract; disclosed by the Commonwealth to its legal or other advisers, or to its officers, employees, contractors or agents in order to comply with the Commonwealth's management, reporting or auditing requirements; disclosed by the Commonwealth to any responsible Minister or any Ministerial adviser or assistant; disclosed by the Commonwealth to any House or Committee of the Parliament of the Commonwealth of Australia; disclosed to any Commonwealth department, agency or authority by virtue of or in connection with its functions, or statutory or portfolio responsibilities; authorised or required by law to be disclosed; or in the public domain otherwise than due to a breach of paragraph (a).,

COMMERCIAL-IN-CONFIDENCE INFORMATION. General The Contractor acknowledges that the Commonwealth is and will be subject to a number of Commonwealth requirements and policies which support internal and external scrutiny of its tendering and contracting processes and the objectives of transparency, accountability and value for money including requirements to: publish details of agency agreements, Commonwealth contracts, amendments and variations to any agreement or contract and standing offers with an estimated value of $10,000 or more on AusTender (the Commonwealth's business opportunity website located at xxx.xxxxxxx.xxx.xx); report and post on the internet a list of contracts valued at $100,000 or more and identify confidentiality requirements in accordance with the Senate Order on Department and Agency Contracts; and report and post on the internet information about its contracts in other ways pursuant to its other reporting and disclosure obligations, including annual reporting requirements and disclosure to any House or Committee of the Parliament of the Commonwealth of Australia. Commercial-in-Confidence Information Clause 20.2 16.2 does not apply unless the Contract Particulars state that it applies. Subject to paragraph (b), the Commonwealth must keep confidential any information provided to the Commonwealth by the Contractor Consultant before or after the Award Date when: a written request to keep specific information confidential and the justification for keeping such information confidential has been expressly made by the Contractor Consultant to the Commonwealth in its tender; the Commonwealth agrees (in its absolute discretion) that such information is commercial-in-confidence information; the Contract Administrator notifies the Contractor Consultant in writing that the Commonwealth (in its absolute discretion) agrees, including the terms of any agreement agreement, under subparagraph (ii); and such information and the terms of any agreement are expressly specified in the Contract Particulars, (Commercial-in-Confidence Information). The Commonwealth's obligation in paragraph (a) does not apply if the Commercial-in-Confidence Information is: disclosed by the Commonwealth to its legal or other advisers, or to its officers, employees, contractors or agents in order to comply with its obligations or to exercise its rights under or in connection with the Contract; disclosed by the Commonwealth to its legal or other advisers, or to its officers, employees, contractors or agents in order to comply with the Commonwealth's management, reporting or auditing requirements; disclosed by the Commonwealth to any responsible Minister or any Ministerial adviser or assistant; disclosed by the Commonwealth to any House or Committee of the Parliament of the Commonwealth of Australia; disclosed to any Commonwealth department, agency or authority by virtue of or in connection with its functions, or statutory or portfolio responsibilities; authorised or required by law to be disclosed; or in the public domain otherwise than due to a breach of paragraph (a).. BUILDING CODE 2016 [THIS CLAUSE 17 APPLIES TO BUILDING WORK THAT IS DIRECTLY FUNDED AS SET OUT IN ITEM 1 OF SCHEDULE 1 OF THE BUILDING CODE 2016 - WHERE A PROJECT INVOLVES BUILDING WORK THAT IS INDIRECTLY FUNDED AS SET OUT IN ITEM 2 OF SCHEDULE 1 OF THE BUILDING CODE 2016, SEEK DIRECTION FROM DPA] Clause 17 does not apply unless the Contract Particulars state that it applies. The Consultant declares as at the Award Date in relation to the Commonwealth Funded Building Work that is the subject of the Contract, that it: is not subject to an Exclusion Sanction; is not covered by, and does not have Related Entities covered by, an Enterprise Agreement that does not meet the requirements of section 11 of the Building Code 2016; has not had an adverse decision, direction or order made by a court or tribunal for a breach of the Building and Construction Industry (Improving Productivity) Act 2016 (Cth), a designated building law, work health and safety law or competition and consumer law which has not been stayed or revoked and for which the period for compliance has expired without it having complied with the decision, direction or order; and unless approved otherwise by the ABC Commissioner, is not excluded from performing Building Work funded by a State or Territory Government. The Consultant: declares as at the Award Date; and must ensure that at all times, in relation to the Commonwealth Funded Building Work that is the subject of the Contract, that it and its subconsultants (who are either "Building Contractors" or "Building Industry Participants" for the purposes of the Building and Construction Industry (Improving Productivity) Act 2016 (Cth)): comply with the Building Code 2016; will only use products that comply with the relevant Australian standards published by, or on behalf of, Standards Australia; and if the Contract Particulars state that a Workplace Relations Management Plan is required, comply with the Workplace Relations Management Plan approved by the ABCC in accordance with Part 6 of the Building Code 2016. Compliance with the Building Code 2016 does not relieve the Consultant from responsibility to perform the Contract, or from liability for any defect arising from compliance with the Building Code 2016. The Consultant must: notify the ABCC of any breach or suspected breach of the Building Code 2016 as soon as practicable but no later than two business days after becoming aware of the breach or suspected breach and of the steps proposed to be taken to rectify the breach; and if it notifies the ABCC of a breach or a suspected breach of the Building Code 2016 under subparagraph (i), immediately notify the Commonwealth in writing. The Consultant acknowledges the powers and functions of the ABC Commissioner and the ABCC under the Building and Construction Industry (Improving Productivity) Act 2016 (Cth) and the Building Code 2016 and will ensure that it and its subconsultants comply with any requests made by the ABCC and the ABC Commissioner within those powers and functions, including requests for entry under section 72 of the Building and Construction Industry (Improving Productivity) Act 2016 (Cth), requests to interview any person under section 74 of the Building and Construction Industry (Improving Productivity) Act 2016 (Cth), requests to produce records or documents under sections 74 and 77 of the Building and Construction Industry (Improving Productivity) Act 2016 (Cth) and requests for information concerning matters relating to the Building Code 2016 under subsection 7(c) of the Building Code 2016. The Consultant must only enter into a subcontract for any of the Commonwealth Funded Building Work that is the subject of the Contract where: the subconsultant is not subject to an Exclusion Sanction or excluded from undertaking work funded by a State or Territory Government unless approval to do so is provided by the ABC Commissioner; the subconsultant is not covered by, and does not have Related Entities covered by, an Enterprise Agreement that does not meet the requirements of section 11 of the Building Code 2016; the subconsultant has submitted a declaration of compliance, including the further information outlined in the attachment to the declaration of compliance, in the form set out in the Proforma Building Code 2016 Subcontract Provisions (or in such other form as notified in writing by the Commonwealth); the subcontract contains provisions in the form set out in the Proforma Building Code 2016 Subcontract Provisions (or in such other form as notified in writing by the Commonwealth); the subconsultant has advised, prior to entering into a subcontract with the Consultant, whether the subconsultant has within the preceding three year period: had an adverse decision, direction or order made by a court or tribunal for a breach of a designated building law, work health and safety law or the Migration Act 1958 (Cth); or been required to pay any amounts under an adjudication certificate (provided in accordance with a law relating to the security of payments that are due to persons in respect of Building Work) or owed any unsatisfied judgement debts (including by any Related Entity) to a Building Contractor or a Building Industry Participant; and the subconsultant has agreed to update the advice referred to in subparagraph (v) every six months for the duration of the subcontract between the Consultant and the subconsultant. The Consultant must provide the Commonwealth with any declaration of compliance referred to in paragraph (f)(iii) on request. The Consultant must as soon as practicable notify the Commonwealth and the ABCC when: a dispute arises regarding a payment claim submitted by a subconsultant; or there is a delay in payment of a payment claim submitted by a subconsultant, after the date on which payment of that payment claim falls due. For the purposes of subparagraph (h) a disputed or delayed progress payment claim means a dispute or claim about: the Consultant failing to pay a subconsultant all moneys due and payable in accordance with the terms of the relevant subcontract; an amount specified in a payment statement/notice of dispute issued under the relevant Security of Payment Legislation resulting in a subconsultant not being paid by the Consultant by the date prescribed by those laws; other than in Western Australia and Northern Territory, the Consultant: failing to issue a payment statement/notice of dispute under the relevant Security of Payment Legislation to a subconsultant in response to a valid payment claim; and failing to pay all moneys due and payable by the date prescribed in the relevant Security of Payment Legislation regarding the payment claim referred to in subsubparagraph A; the Consultant failing to pay the adjudicated amount to a subconsultant following a determination by an adjudicator under the relevant Security of Payment Legislation by the date prescribed in those laws; the Consultant failing to pay a subconsultant following a binding determination by a third party such as a court, arbitrator, or expert in accordance with the relevant determination; or any other disputed or delayed payment claim required to be notified to the Commonwealth and the ABCC to ensure compliance with the Building Code 2016. For the purposes of subparagraph (h) the Consultant must notify the Commonwealth and ABCC in the form of the Security of Payment Reporting form for Respondents and Mandatory Reporting available from the ABCC at xxxxx://xxx.xxxx.xxx.xx/xxxxxxxx-xxxx/xxxxxxxxxxx/xxxxxxxxxxxx-xxxxx/xxxxxxxx-xxxxxxx. INFORMATION SECURITY - CONFIDENTIAL INFORMATION