Common use of Fraud Control Clause in Contracts

Fraud Control. Without limiting the Contractor's other obligations, the Contractor must proactively: take all necessary measures to prevent, detect and investigate any fraud in connection with the Contract or the Contractor's Activities (including all measures directed by the Contract Administrator); and take all necessary corrective action to mitigate any loss or damage to the Commonwealth resulting from fraud to the extent that the fraud was caused or contributed to by the Contractor or any of its officers, employees, subcontractors or agents and put the Commonwealth in the position it would have been in if the fraud had not occurred (including all corrective action directed by the Contract Administrator). If the Contractor knows or suspects that any fraud is occurring or has occurred it must immediately provide a detailed written notice to the Contract Administrator including details of: the known or suspected fraud; how the known or suspected fraud occurred; the proactive corrective action the Contractor will take under paragraph (a)(ii); and the proactive measures which the Contractor will take under paragraph (a)(i) to ensure that the fraud does not occur again, and such further information and assistance as the Commonwealth, or any person authorised by the Commonwealth, requires in relation to the fraud. Clause 18.15 does apply unless the Contract Particulars state that it does not apply. Without limiting the operation of clause 8.5, the Contractor must not enter into a subcontract with a subcontractor (or agree to a novation of a subcontract to a subcontractor) if the total value of all work under the subcontract is expected to exceed $4 million (inclusive of GST) unless the Contractor has obtained and holds any of the STRs referred to in the table below, as applicable to the relevant subcontractor. If the subcontractor to enter into the subcontract is: STRs required: a body corporate or natural person a satisfactory and valid STR in respect of that body corporate or person. a partner acting for and on behalf of a partnership a satisfactory and valid STR: (i) on behalf of the partnership; and (ii) in respect of each partner in the partnership that will be directly involved in the delivery of the subcontract. a trustee acting in its capacity as trustee of a trust a satisfactory and valid STR in respect of the: (i) trustee; and (ii) the trust. a joint venture participant a satisfactory and valid STR in respect of: (i) each participant in the joint venture; and (ii) if the operator of the joint venture is not a participant in the joint venture, the joint venture operator. a member of a Consolidated Group a satisfactory and valid STR in respect of: (i) the relevant member of the Consolidated Group; and (ii) the head company in the Consolidated Group. a member of a GST Group a satisfactory and valid STR in respect of the: (i) the GST Group member; and (ii) the GST Group representative. The Contractor must obtain and hold additional STRs in the circumstances set out in the table below within 10 business days of the Contractor becoming aware of the circumstances arising: If the Contractor or subcontractor is: Additional STRs required: a partner acting for and on behalf of a partnership a satisfactory and valid STR in respect of any additional partner that becomes directly involved in the delivery of the Contract or subcontract (as applicable). a trustee acting in its capacity as trustee of a trust a satisfactory and valid STR in respect of any new trustee appointed to the trust. a joint venture participant a satisfactory and valid STR in respect of: any new participant in the joint venture; and any new joint venture operator if the new operator is not already a participant in the joint venture. a member of a Consolidated Group a satisfactory and valid STR in respect of any new head company of the Consolidated Group. a member of a GST Group a satisfactory and valid STR in respect of any new representative for the GST Group. The Contractor must provide the Commonwealth with copies of the STRs referred to in paragraph (b) or paragraph (c) within 5 business days after a written request by the Commonwealth. The Contractor: warrants that at the Award Date it holds a valid and satisfactory STR; must hold a valid and satisfactory STR at all times during the Contractor's Activities and the Works and, on request by the Contract Administrator, provide to the Contract Administrator a copy of any such STR; must ensure that any subcontractor, if the total value of all work under the subcontract is expected to exceed $4 million (inclusive of GST), holds a valid and satisfactory STR at all times during the term of the relevant subcontract; and must retain a copy of any STR held by any subcontractor in accordance with subparagraph (iii) and must, on request by the Contract Administrator, provide to the Contract Administrator a copy of any such STR. For the purposes of the Contract, an STR is taken to be: satisfactory if the STR states that the entity has met the conditions, as set out in the Black Economy Procurement Connected Policy, of having a satisfactory engagement with the Australian tax system; and valid if the STR has not expired as at the date on which the STR is required to be provided or held. Without limiting clause 22, the Contractor must: be "Defence-ready" for the purposes of the DISP; at its cost obtain and thereafter maintain for the term of the Contract the level of DISP membership specified in the Contract Particulars; and comply with any other direction or requirement of the Contract Administrator in relation to the DISP. The Contractor must take reasonable steps to identify, assess and address risks of Modern Slavery practices arising in connection with the Contract, including in the operations and supply chains used in the carrying out of the Contractor's Activities. The Contractor must ensure the Contractor's key people under clause 3.6 and other personnel responsible for managing the operations and supply chains used in the performance of the Contractor's Activities have undertaken suitable training to be able to identify and report Modern Slavery. If at any time the Contractor becomes aware of Modern Slavery practices arising in connection with the Contract, including in the operations and supply chains used in the carrying out of the Contractor's Activities, the Contractor must: promptly notify the Contract Administrator of the Modern Slavery practices and provide any relevant information requested by the Contract Administrator; as soon as reasonably practicable take all reasonable action to address or remove these practices, including where relevant by addressing any practices of other entities in its supply chains; and regularly update the Contract Administrator of the steps taken by it in accordance with subparagraph (ii). For the purposes of this clause 18.17, Modern Slavery has the same meaning as it has in the Modern Slavery Act 2018 (Cth). [THIS CLAUSE 19 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] The Contractor 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 Contractor: 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 subcontractors (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 Contractor from responsibility to perform the Contract, or from liability for any defect arising from compliance with the Building Code 2016. The Contractor 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 Contractor 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 subcontractors 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 Contractor must only enter into a subcontract for any of the Commonwealth Funded Building Work that is the subject of the Contract where the: subcontractor 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; subcontractor 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; subcontractor 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); 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); subcontractor has advised, prior to entering into a subcontract with the Contractor, whether the subcontractor 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 subcontractor has agreed to update the advice referred to in subparagraph (v) every six months for the duration of the subcontract between the Contractor and the subcontractor. The Contractor must provide the Commonwealth with any declaration of compliance referred to in paragraph (f)(iii) on request. The Contractor must as soon as practicable notify the Commonwealth and the ABCC when: a dispute arises regarding a payment claim submitted by a subcontractor; or there is a delay in payment of a payment claim submitted by a subcontractor, 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 Contractor failing to pay a subcontractor 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 subcontractor not being paid by the Contractor by the date prescribed by those laws; other than in Western Australia and Northern Territory, the Contractor: failing to issue a payment statement/notice of dispute under the relevant Security of Payment Legislation to a subcontractor 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 Contractor failing to pay the adjudicated amount to a subcontractor following a determination by an adjudicator under the relevant Security of Payment Legislation by the date prescribed in those laws; the Contractor failing to pay a subcontractor 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 Contractor 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.

Fraud Control. Without limiting the ContractorConsultant's other obligations, the Contractor Consultant must proactively: take all necessary measures to prevent, detect and investigate any fraud in connection with the Contract or the Contractor's Activities Services (including all measures directed by the Contract Administrator); and take all necessary corrective action to mitigate any loss or damage to the Commonwealth resulting from fraud to the extent that the fraud was caused or contributed to by the Contractor Consultant or any of its officers, employees, subcontractors subconsultants or agents and put the Commonwealth in the position it would have been in if the fraud had not occurred (including all corrective action directed by the Contract Administrator). If the Contractor Consultant knows or suspects that any fraud is occurring or has occurred it must immediately provide a detailed written notice to the Contract Administrator including details of: the known or suspected fraud; how the known or suspected fraud occurred; the proactive corrective action the Contractor Consultant will take under paragraph (a)(ii); and the proactive measures which the Contractor Consultant will take under paragraph (a)(i) to ensure that the fraud does not occur again, and such further information and assistance as the Commonwealth, or any person authorised by the Commonwealth, requires in relation to the fraud. Clause 18.15 does apply 16.15 applies unless the Contract Particulars state that it does not apply. Without limiting the operation of clause 8.52.9(d), the Contractor Consultant must not enter into a subcontract with a subcontractor subconsultant (or agree to a novation of a subcontract to a subcontractorsubconsultant) if the total value of all work under the subcontract is expected to exceed $4 million (inclusive of GST) unless the Contractor Consultant has obtained and holds any of the STRs referred to in the table below, as applicable to the relevant subcontractorsubconsultant. If the subcontractor to enter into the subcontract is: STRs required: a body corporate or natural person a satisfactory and valid STR in respect of that body corporate or person. a partner acting for and on behalf of a partnership a satisfactory and valid STR: (i) on behalf of the partnership; and (ii) in respect of each partner in the partnership that will be directly involved in the delivery of the subcontract. a trustee acting in its capacity as trustee of a trust a satisfactory and valid STR in respect of the: (i) trustee; and (ii) the trust. a joint venture participant a satisfactory and valid STR in respect of: (i) each participant in the joint venture; and (ii) if the operator of the joint venture is not a participant in the joint venture, the joint venture operator. a member of a Consolidated Group a satisfactory and valid STR in respect of: (i) the relevant member of the Consolidated Group; and (ii) the head company in the Consolidated Group. a member of a GST Group a satisfactory and valid STR in respect of the: (i) the GST Group member; and (ii) the GST Group representative. The Contractor Consultant must obtain and hold additional STRs in the circumstances set out in the table below within 10 business days of the Contractor Consultant becoming aware of the circumstances arising: If the Contractor or subcontractor is: Additional STRs required: a partner acting for and on behalf of a partnership a satisfactory and valid STR in respect of any additional partner that becomes directly involved in the delivery of the Contract or subcontract (as applicable). a trustee acting in its capacity as trustee of a trust a satisfactory and valid STR in respect of any new trustee appointed to the trust. a joint venture participant a satisfactory and valid STR in respect of: (i) any new participant in the joint venture; and (ii) any new joint venture operator if the new operator is not already a participant in the joint venture. a member of a Consolidated Group a satisfactory and valid STR in respect of any new head company of the Consolidated Group. a member of a GST Group a satisfactory and valid STR in respect of any new representative for the GST Group. The Contractor Consultant must provide the Commonwealth with copies of the STRs referred to in paragraph (b) or paragraph (c) within 5 business days after a written request by the Commonwealth. The ContractorConsultant: warrants that at the Award Date it holds a valid and satisfactory STR; must hold a valid and satisfactory STR at all times during the Contractor's Activities and the Works Services and, on request by the Contract Administrator, provide to the Contract Administrator a copy of any such STR; must ensure that any subcontractorsubconsultant, if the total value of all work under the subcontract is expected to exceed $4 million (inclusive of GST), holds a valid and satisfactory STR at all times during the term of the relevant subcontract; and must retain a copy of any STR held by any subcontractor subconsultant in accordance with subparagraph (iii) and must, on request by the Contract Administrator, provide to the Contract Administrator a copy of any such STR. For the purposes of the Contract, an STR is taken to be: satisfactory if the STR states that the entity has met the conditions, as set out in the Black Economy Procurement Connected Policy, of having a satisfactory engagement with the Australian tax system; and valid if the STR has not expired as at the date on which the STR is required to be provided or held. Without limiting clause 2219, the Contractor Consultant must: be "Defence-ready" for the purposes of the DISP; at its cost obtain and thereafter maintain for the term of the Contract the level of DISP membership specified in the Contract Particulars; and comply with any other direction or requirement of the Contract Administrator in relation to the DISP. The Contractor must take reasonable steps to identify, assess and address risks of Modern Slavery practices arising in connection with the Contract, including in the operations and supply chains used in the carrying out of the Contractor's Activities. The Contractor must ensure the Contractor's key people under clause 3.6 and other personnel responsible for managing the operations and supply chains used in the performance of the Contractor's Activities have undertaken suitable training to be able to identify and report Modern Slavery. If at any time the Contractor becomes aware of Modern Slavery practices arising in connection with the Contract, including in the operations and supply chains used in the carrying out of the Contractor's Activities, the Contractor must: promptly notify the Contract Administrator of the Modern Slavery practices and provide any relevant information requested by the Contract Administrator; as soon as reasonably practicable take all reasonable action to address or remove these practices, including where relevant by addressing any practices of other entities in its supply chains; and regularly update the Contract Administrator of the steps taken by it in accordance with subparagraph (ii). For the purposes of this clause 18.17, Modern Slavery has the same meaning as it has in the Modern Slavery Act 2018 (Cth). [THIS CLAUSE 19 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] The Contractor 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 Contractor: 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 subcontractors (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 Contractor from responsibility to perform the Contract, or from liability for any defect arising from compliance with the Building Code 2016. The Contractor 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 Contractor 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 subcontractors 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 Contractor must only enter into a subcontract for any of the Commonwealth Funded Building Work that is the subject of the Contract where the: subcontractor 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; subcontractor 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; subcontractor 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); 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); subcontractor has advised, prior to entering into a subcontract with the Contractor, whether the subcontractor 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 subcontractor has agreed to update the advice referred to in subparagraph (v) every six months for the duration of the subcontract between the Contractor and the subcontractor. The Contractor must provide the Commonwealth with any declaration of compliance referred to in paragraph (f)(iii) on request. The Contractor must as soon as practicable notify the Commonwealth and the ABCC when: a dispute arises regarding a payment claim submitted by a subcontractor; or there is a delay in payment of a payment claim submitted by a subcontractor, 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 Contractor failing to pay a subcontractor 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 subcontractor not being paid by the Contractor by the date prescribed by those laws; other than in Western Australia and Northern Territory, the Contractor: failing to issue a payment statement/notice of dispute under the relevant Security of Payment Legislation to a subcontractor 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 Contractor failing to pay the adjudicated amount to a subcontractor following a determination by an adjudicator under the relevant Security of Payment Legislation by the date prescribed in those laws; the Contractor failing to pay a subcontractor 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 Contractor 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.

Fraud Control. Without limiting the ContractorConsultant 's other obligations, the Contractor Consultant must proactively: take all necessary measures to prevent, detect and investigate any fraud in connection with the Contract Subcontract or the Contractor's Activities Services (including all measures directed by the Contract AdministratorContractor’s Representative); and take all necessary corrective action to mitigate any loss or damage to the Commonwealth and the Contractor resulting from fraud to the extent that the fraud was caused or contributed to by the Contractor Consultant or any of its officers, employees, subcontractors consultants or agents and put each of the Commonwealth and the Contractor (as applicable) in the position it would have been in if the fraud had not occurred (including all corrective action directed by the Contract AdministratorContractor’s Representative). If the Contractor Consultant knows or suspects that any fraud is occurring or has occurred it must immediately provide a detailed written notice to the Contract Administrator Contractor’s Representative including details of: the known or suspected fraud; how the known or suspected fraud occurred; the proactive corrective action the Contractor Consultant will take under paragraph (a)(ii); and the proactive measures which the Contractor Consultant will take under paragraph (a)(i) to ensure that the fraud does not occur again, and such further information and assistance as the CommonwealthContractor, or any person authorised by the CommonwealthContractor, requires in relation to the fraud. Clause 18.15 16.14 does apply unless the Contract Subcontract Particulars state that it does not apply. Without limiting The Consultant: warrants that at the operation of clause 8.5Award Date it holds a valid and satisfactory STR; and must hold a valid and satisfactory STR at all times during the Services and, on request by the Contractor must not enter into a subcontract with a subcontractor (or agree to a novation of a subcontract to a subcontractor) if the total value of all work under the subcontract is expected to exceed $4 million (inclusive of GST) unless the Contractor has obtained and holds any of the STRs referred to in the table belowContractor’s Representative, as applicable provide to the relevant subcontractor. If the subcontractor to enter into the subcontract is: STRs required: Contractor’s Representative a body corporate or natural person a satisfactory and valid STR in respect copy of that body corporate or person. a partner acting for and on behalf of a partnership a satisfactory and valid any such STR: (i) on behalf of the partnership; and (ii) in respect of each partner in the partnership that will be directly involved in the delivery of the subcontract. a trustee acting in its capacity as trustee of a trust a satisfactory and valid STR in respect of the: (i) trustee; and (ii) the trust. a joint venture participant a satisfactory and valid STR in respect of: (i) each participant in the joint venture; and (ii) if the operator of the joint venture is not a participant in the joint venture, the joint venture operator. a member of a Consolidated Group a satisfactory and valid STR in respect of: (i) the relevant member of the Consolidated Group; and (ii) the head company in the Consolidated Group. a member of a GST Group a satisfactory and valid STR in respect of the: (i) the GST Group member; and (ii) the GST Group representative. The Contractor Consultant must obtain and hold additional STRs in the circumstances set out in the table below within 10 business days of the Contractor Consultant becoming aware of the circumstances arising: If the Contractor or subcontractor Consultant is: Additional STRs required: a partner acting for and on behalf of a partnership a satisfactory and valid STR in respect of any additional partner that becomes directly involved in the delivery of the Contract or subcontract (as applicable)Subcontract. a trustee acting in its capacity as trustee of a trust a satisfactory and valid STR in respect of any new trustee appointed to the trust. a joint venture participant a satisfactory and valid STR in respect of: any new participant in the joint venture; and any new joint venture operator if the new operator is not already a participant in the joint venture. a member of a Consolidated Group a satisfactory and valid STR in respect of any new head company of the Consolidated Group. a member of a GST Group a satisfactory and valid STR in respect of any new representative for the GST Group. The Contractor Consultant must provide the Commonwealth Contractor with copies of the STRs referred to in paragraph (b) or paragraph (c) within 5 business days after a written request by the Commonwealth. The Contractor: warrants that at the Award Date it holds a valid and satisfactory STR; must hold a valid and satisfactory STR at all times during the Contractor's Activities and the Works and, on request by the Contract Administrator, provide to the Contract Administrator a copy of any such STR; must ensure that any subcontractor, if the total value of all work under the subcontract is expected to exceed $4 million (inclusive of GST), holds a valid and satisfactory STR at all times during the term of the relevant subcontract; and must retain a copy of any STR held by any subcontractor in accordance with subparagraph (iii) and must, on request by the Contract Administrator, provide to the Contract Administrator a copy of any such STR. For the purposes of the ContractSubcontract, an STR is taken to be: satisfactory if the STR states that the entity has met the conditions, as set out in the Black Economy Procurement Connected Policy, of having a satisfactory engagement with the Australian tax system; and valid if the STR has not expired as at the date on which the STR is required to be provided or held. Without limiting clause 22, the Contractor must: be "Defence-ready" for the purposes of the DISP; at its cost obtain and thereafter maintain for the term of the Contract the level of DISP membership specified in the Contract Particulars; and comply with any other direction or requirement of the Contract Administrator in relation to the DISP. The Contractor Consultant must take reasonable steps to identify, assess and address risks of Modern Slavery practices arising in connection with the ContractSubcontract, including in the operations and supply chains used in the carrying out performance of the Contractor's ActivitiesServices. The Contractor Consultant must ensure the ContractorConsultant's key people under clause 3.6 4.4 and other personnel responsible for managing the operations and supply chains used in the performance of the Contractor's Activities Services have undertaken suitable training to be able to identify and report Modern Slavery. If at any time the Contractor Consultant becomes aware of Modern Slavery practices arising in connection with the ContractSubcontract, including in the operations and supply chains used in the carrying out performance of the Contractor's ActivitiesServices, the Contractor Consultant must: promptly notify the Contract Administrator Contractor’s Representative of the Modern Slavery practices and provide any relevant information requested by the Contract AdministratorContractor’s Representative; as soon as reasonably practicable take all reasonable action to address or remove these practices, including where relevant by addressing any practices of other entities in its supply chains; and regularly update the Contract Administrator Contractor’s Representative of the steps taken by it in accordance with subparagraph (ii). For the purposes of this clause 18.1716.15, Modern Slavery has the same meaning as it has in the Modern Slavery Act 2018 (Cth). [THIS CLAUSE 19 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] The Contractor 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 Contractor: 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 subcontractors (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 Contractor from responsibility to perform the Contract, or from liability for any defect arising from compliance with the Building Code 2016. The Contractor 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 Contractor 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 subcontractors 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 Contractor must only enter into a subcontract for any of the Commonwealth Funded Building Work that is the subject of the Contract where the: subcontractor 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; subcontractor 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; subcontractor 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); 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); subcontractor has advised, prior to entering into a subcontract with the Contractor, whether the subcontractor 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 subcontractor has agreed to update the advice referred to in subparagraph (v) every six months for the duration of the subcontract between the Contractor and the subcontractor. The Contractor must provide the Commonwealth with any declaration of compliance referred to in paragraph (f)(iii) on request. The Contractor must as soon as practicable notify the Commonwealth and the ABCC when: a dispute arises regarding a payment claim submitted by a subcontractor; or there is a delay in payment of a payment claim submitted by a subcontractor, 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 Contractor failing to pay a subcontractor 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 subcontractor not being paid by the Contractor by the date prescribed by those laws; other than in Western Australia and Northern Territory, the Contractor: failing to issue a payment statement/notice of dispute under the relevant Security of Payment Legislation to a subcontractor 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 Contractor failing to pay the adjudicated amount to a subcontractor following a determination by an adjudicator under the relevant Security of Payment Legislation by the date prescribed in those laws; the Contractor failing to pay a subcontractor 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 Contractor 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.

Fraud Control. Without limiting the Contractor's other obligations, the Contractor must proactively: take all necessary measures to prevent, detect and investigate any fraud in connection with the Contract or the Contractor's Activities (including all measures directed by the Contract Administrator); and take all necessary corrective action to mitigate any loss or damage to the Commonwealth resulting from fraud to the extent that the fraud was caused or contributed to by the Contractor or any of its officers, employees, subcontractors or agents and put the Commonwealth in the position it would have been in if the fraud had not occurred (including all corrective action directed by the Contract Administrator). If the Contractor knows or suspects that any fraud is occurring or has occurred it must immediately provide a detailed written notice to the Contract Administrator including details of: the known or suspected fraud; how the known or suspected fraud occurred; the proactive corrective action the Contractor will take under paragraph (a)(ii); and the proactive measures which the Contractor will take under paragraph (a)(i) to ensure that the fraud does not occur again, and such further information and assistance as the Commonwealth, or any person authorised by the Commonwealth, requires in relation to the fraud. Clause 18.15 does apply unless the Contract Particulars state that it does not apply. Without limiting the operation of clause 8.5, the Contractor must not enter into a subcontract with a subcontractor (or agree to a novation of a subcontract to a subcontractor) if the total value of all work under the subcontract is expected to exceed $4 million (inclusive of GST) unless the Contractor has obtained and holds any of the STRs referred to in the table below, as applicable to the relevant subcontractor. If the subcontractor to enter into the subcontract is: STRs required: a body corporate or natural person a satisfactory and valid STR in respect of that body corporate or person. a partner acting for and on behalf of a partnership a satisfactory and valid STR: (i) on behalf of the partnership; and (ii) in respect of each partner in the partnership that will be directly involved in the delivery of the subcontract. a trustee acting in its capacity as trustee of a trust a satisfactory and valid STR in respect of the: (i) trustee; and (ii) the trust. a joint venture participant a satisfactory and valid STR in respect of: (i) each participant in the joint venture; and (ii) if the operator of the joint venture is not a participant in the joint venture, the joint venture operator. a member of a Consolidated Group a satisfactory and valid STR in respect of: (i) the relevant member of the Consolidated Group; and (ii) the head company in the Consolidated Group. a member of a GST Group a satisfactory and valid STR in respect of the: (i) the GST Group member; and (ii) the GST Group representative. The Contractor must obtain and hold additional STRs in the circumstances set out in the table below within 10 business days of the Contractor becoming aware of the circumstances arising: If the Contractor or subcontractor is: Additional STRs required: a partner acting for and on behalf of a partnership a satisfactory and valid STR in respect of any additional partner that becomes directly involved in the delivery of the Contract or subcontract (as applicable). a trustee acting in its capacity as trustee of a trust a satisfactory and valid STR in respect of any new trustee appointed to the trust. a joint venture participant a satisfactory and valid STR in respect of: any new participant in the joint venture; and any new joint venture operator if the new operator is not already a participant in the joint venture. a member of a Consolidated Group a satisfactory and valid STR in respect of any new head company of the Consolidated Group. a member of a GST Group a satisfactory and valid STR in respect of any new representative for the GST Group. The Contractor must provide the Commonwealth with copies of the STRs referred to in paragraph (b) or paragraph (c) within 5 business days after a written request by the Commonwealth. The Contractor: warrants that at the Award Date it holds a valid and satisfactory STR; must hold a valid and satisfactory STR at all times during the Contractor's Activities and the Works and, on request by the Contract Administrator, provide to the Contract Administrator a copy of any such STR; must ensure that any subcontractor, if the total value of all work under the subcontract is expected to exceed $4 million (inclusive of GST), holds a valid and satisfactory STR at all times during the term of the relevant subcontract; and must retain a copy of any STR held by any subcontractor in accordance with subparagraph (iii) and must, on request by the Contract Administrator, provide to the Contract Administrator a copy of any such STR. For the purposes of the Contract, an STR is taken to be: satisfactory if the STR states that the entity has met the conditions, as set out in the Black Shadow Economy Procurement Connected Policy, of having a satisfactory engagement with the Australian tax system; and valid if the STR has not expired as at the date on which the STR is required to be provided or held. Without limiting clause 2222 or any other provision of the Contract, the Contractor mustContractor: be "Defence-ready" for the purposes of the DISP; must at its cost obtain and thereafter maintain for the term of the Contract the level of DISP membership specified in the Contract ParticularsParticulars in accordance with Control 16.1 of the Defence Security Principles Framework; and must comply with any other direction or requirement of the Contract Administrator in relation to the DISP; and acknowledges and agrees that if the Contractor has failed to strictly comply with this clause 18.16 (including any direction or requirement of the Contract Administrator in relation to the DISP), the Commonwealth may (in its absolute discretion): terminate the Contract under clause 14.4; or take such failure into account in any registration of interest process, tender process or similar procurement process in connection with any other Commonwealth project, and the exercise of any of the Commonwealth's absolute discretions under this paragraph is not capable of being the subject of a dispute or difference for the purposes of clause 15.1 or otherwise subject to review. The Contractor must take reasonable steps to identify, assess and address risks of Modern Slavery practices arising in connection with the Contract, including in the operations and supply chains used in the carrying out of the Contractor's Activities. The Contractor must ensure the Contractor's key people under clause 3.6 and other personnel responsible for managing the operations and supply chains used in the performance of the Contractor's Activities have undertaken suitable training to be able to identify and report Modern Slavery. If at any time the Contractor becomes aware of Modern Slavery practices arising in connection with the Contract, including in the operations and supply chains used in the carrying out of the Contractor's Activities, the Contractor must: promptly notify the Contract Administrator of the Modern Slavery practices and provide any relevant information requested by the Contract Administrator; as soon as reasonably practicable take all reasonable action to address or remove these practices, including where relevant by addressing any practices of other entities in its supply chains; and regularly update the Contract Administrator of the steps taken by it in accordance with subparagraph (ii). For the purposes of this clause 18.17, Modern Slavery has the same meaning as it has in the Modern Slavery Act 2018 (Cth). [THIS CLAUSE 19 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] The Contractor declares confirms that as at the Award Date it is not subject to an Exclusion Sanction. The Contractor must ensure in delivering the Works and the Contractor’s Activities that it will only use products 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 Contractor: 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 subcontractors (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 Contract 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 Contractor from responsibility to perform the Contract, or from liability for any defect arising from compliance with the Building Code 2016. The Contractor 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 Contractor 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 subcontractors 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 Contractor must only enter into a subcontract for any of the Commonwealth Funded Building Work that is the subject of the Contract where thethe subcontractor: subcontractor is not subject to an Exclusion Sanction or excluded from undertaking work performing Building Work funded by a State or Territory Government Government, unless approval to do so is provided by the ABC Commissioner; subcontractor 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 Minister responsible for administering the Building Code 2016; subcontractor and has submitted a declaration of compliance, including any information required to be submitted by 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); 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); subcontractor has advised, prior to entering into a subcontract with the Contractor, whether the subcontractor 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 subcontractor has agreed to update the advice referred to in subparagraph (v) every six months for the duration of the subcontract between the Contractor and the subcontractor2016. The Contractor must provide the Commonwealth with any declaration confirmation of compliance referred to in the matters the subject of paragraph (f)(iii) c), on request. The Contractor must as soon as practicable notify the Commonwealth and the ABCC when: a dispute arises regarding a payment claim submitted by a subcontractor; or there is a delay in payment of a payment claim submitted by a subcontractor, 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 Contractor failing to pay a subcontractor 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 subcontractor not being paid by the Contractor by the date prescribed by those laws; other than in Western Australia and Northern Territory, the Contractor: failing to issue a payment statement/notice of dispute under the relevant Security of Payment Legislation to a subcontractor 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 Contractor failing to pay the adjudicated amount to a subcontractor following a determination by an adjudicator under the relevant Security of Payment Legislation by the date prescribed in those laws; the Contractor failing to pay a subcontractor 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 Contractor 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.

Fraud Control. Without limiting the Contractor's other obligations, the Contractor must proactivelymust: proactively take all necessary measures to prevent, detect and investigate any fraud in connection with the Contract or the Contractor's Activities (including all measures directed by the Contract AdministratorPDS Contractor); and proactively take all necessary corrective action to mitigate any loss or damage to the Commonwealth resulting from fraud to the extent that the fraud was caused or contributed to by the Contractor or any of its officers, employees, subcontractors or agents and put the Commonwealth in the position it would have been in if the fraud had not occurred (including all corrective action directed by the Contract AdministratorPDS Contractor). If the Contractor knows or suspects that any fraud is occurring or has occurred it must immediately provide a detailed written notice to the Contract Administrator PDS Contractor including details of: the known or suspected fraud; how the known or suspected fraud occurred; the proactive corrective action the Contractor will take under paragraph (a)(ii); and the proactive measures which the Contractor will take under paragraph (a)(i) to ensure that the fraud does not occur again, and such further information and assistance as the Commonwealth, or any person authorised by the Commonwealth, requires in relation to the fraud. Clause 18.15 17.17 does apply unless the Contract Particulars state that it does not apply. Without limiting the operation of clause 8.57.4, the Contractor must not enter into a subcontract with a subcontractor (or agree to a novation of a subcontract to a subcontractor) if the total value of all work under the subcontract is expected to exceed $4 million (inclusive of GST) unless the Contractor has obtained and holds any of the STRs referred to in the table below, as applicable to the relevant subcontractor. If the subcontractor to enter into the subcontract is: STRs required: a body corporate or natural person person; a satisfactory and valid STR in respect of that body corporate or person. a partner acting for and on behalf of a partnership partnership; a satisfactory and valid STR: (i) on behalf of the partnership; and (ii) in respect of each partner in the partnership that will be directly involved in the delivery of the subcontract. a trustee acting in its capacity as trustee of a trust trust; a satisfactory and valid STR in respect of the: (i) trustee; and (ii) the trust. a joint venture participant participant; a satisfactory and valid STR in respect of: (i) each participant in the joint venture; and (ii) if the operator of the joint venture is not a participant in the joint venture, the joint venture operator. a member of a Consolidated Group Group; a satisfactory and valid STR in respect of: (i) the relevant member of the Consolidated Group; and (ii) the head company in the Consolidated Group. a member of a GST Group Group; a satisfactory and valid STR in respect of the: (i) the GST Group member; and (ii) the GST Group representative. The Contractor must obtain and hold additional STRs in the circumstances set out in the table below within 10 business days of the Contractor becoming aware of the circumstances arising: If the Contractor or subcontractor is: Additional STRs required: a partner acting for and on behalf of a partnership a satisfactory and valid STR in respect of any additional partner that becomes directly involved in the delivery of the Contract or subcontract (as applicable). a trustee acting in its capacity as trustee of a trust a satisfactory and valid STR in respect of any new trustee appointed to the trust. a joint venture participant a satisfactory and valid STR in respect of: any new participant in the joint venture; and any new joint venture operator if the new operator is not already a participant in the joint venture. a member of a Consolidated Group a satisfactory and valid STR in respect of any new head company of the Consolidated Group. a member of a GST Group a satisfactory and valid STR in respect of any new representative for the GST Group. The Contractor must provide the Commonwealth with copies of the STRs referred to in paragraph (b) or paragraph (c) within 5 business days after a written request by the Commonwealth. The Contractor: warrants that at the Award Date it holds a valid and satisfactory STR; must hold a valid and satisfactory STR at all times during the Contractor's Activities and the Works and, on request by the Contract Administrator, provide to the Contract Administrator a copy of any such STR; must ensure that any subcontractor, if the total value of all work under the subcontract is expected to exceed $4 million (inclusive of GST), holds a valid and satisfactory STR at all times during the term of the relevant subcontract; and must retain a copy of any STR held by any subcontractor in accordance with subparagraph (iii) and must, on request by the Contract Administrator, provide to the Contract Administrator a copy of any such STR. For the purposes of the Contract, an STR is taken to be: satisfactory if the STR states that the entity has met the conditions, as set out in the Black Economy Procurement Connected Policy, of having a satisfactory engagement with the Australian tax system; and valid if the STR has not expired as at the date on which the STR is required to be provided or held. Without limiting clause 22, the Contractor must: be "Defence-ready" for the purposes of the DISP; at its cost obtain and thereafter maintain for the term of the Contract the level of DISP membership specified in the Contract Particulars; and comply with any other direction or requirement of the Contract Administrator in relation to the DISP. The Contractor must take reasonable steps to identify, assess and address risks of Modern Slavery practices arising in connection with the Contract, including in the operations and supply chains used in the carrying out of the Contractor's Activities. The Contractor must ensure the Contractor's key people under clause 3.6 and other personnel responsible for managing the operations and supply chains used in the performance of the Contractor's Activities have undertaken suitable training to be able to identify and report Modern Slavery. If at any time the Contractor becomes aware of Modern Slavery practices arising in connection with the Contract, including in the operations and supply chains used in the carrying out of the Contractor's Activities, the Contractor must: promptly notify the Contract Administrator of the Modern Slavery practices and provide any relevant information requested by the Contract Administrator; as soon as reasonably practicable take all reasonable action to address or remove these practices, including where relevant by addressing any practices of other entities in its supply chains; and regularly update the Contract Administrator of the steps taken by it in accordance with subparagraph (ii). For the purposes of this clause 18.17, Modern Slavery has the same meaning as it has in the Modern Slavery Act 2018 (Cth). [THIS CLAUSE 19 18 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 THE DIRECTORATE OF PROGRAM ASSURANCE (DPA)] Clause 18 applies unless the Contract Particulars state that it does not apply. The Contractor 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 Contractor: 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 subcontractors (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 Contractor from responsibility to perform the Contract, or from liability for any defect arising from compliance with the Building Code 2016. The Contractor 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 Contractor 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 subcontractors 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 Contractor must only enter into a subcontract for any of the Commonwealth Funded Building Work that is the subject of the Contract where thewhere: the subcontractor 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 subcontractor 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 subcontractor 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 subcontractor has advised, prior to entering into a subcontract with the Contractor, whether the subcontractor 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 subcontractor has agreed to update the advice referred to in subparagraph (v) every six months for the duration of the subcontract between the Contractor and the subcontractor. The Contractor must provide the Commonwealth with any declaration of compliance referred to in paragraph (f)(iii) on request. The Contractor must as soon as practicable notify the Commonwealth and the ABCC when: a dispute arises regarding a payment claim submitted by a subcontractor; or there is a delay in payment of a payment claim submitted by a subcontractor, 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 Contractor failing to pay a subcontractor 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 subcontractor not being paid by the Contractor by the date prescribed by those laws; other than in Western Australia and Northern Territory, the Contractor: failing to issue a payment statement/notice of dispute under the relevant Security of Payment Legislation to a subcontractor 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 Contractor failing to pay the adjudicated amount to a subcontractor following a determination by an adjudicator under the relevant Security of Payment Legislation by the date prescribed in those laws; the Contractor failing to pay a subcontractor 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 Contractor must notify the Commonwealth and ABCC in the form of the Security of Payment Reporting form for Respondents and Mandatory Reporting Form available from the ABCC at xxxxx://xxx.xxxx.xxx.xx/xxxxxxxx-xxxx/xxxxxxxxxxx/xxxxxxxxxxxx-xxxxx/xxxxxxxx-xxxxxxxxxxxx://xxx.xxxx.xxx.xx/xxxxxxxx-xxxx/xxxxxxxx-xxxxxxxx.

Fraud Control. Without limiting the ContractorConsultant 's other obligations, the Contractor Consultant must proactively: take all necessary measures to prevent, detect and investigate any fraud in connection with the Contract Subcontract or the Contractor's Activities Services (including all measures directed by the Contract AdministratorContractor’s Representative); and take all necessary corrective action to mitigate any loss or damage to the Commonwealth and the Contractor resulting from fraud to the extent that the fraud was caused or contributed to by the Contractor Consultant or any of its officers, employees, subcontractors consultants or agents and put each of the Commonwealth and the Contractor (as applicable) in the position it would have been in if the fraud had not occurred (including all corrective action directed by the Contract AdministratorContractor’s Representative). If the Contractor Consultant knows or suspects that any fraud is occurring or has occurred it must immediately provide a detailed written notice to the Contract Administrator Contractor’s Representative including details of: the known or suspected fraud; how the known or suspected fraud occurred; the proactive corrective action the Contractor Consultant will take under paragraph (a)(ii); and the proactive measures which the Contractor Consultant will take under paragraph (a)(i) to ensure that the fraud does not occur again, and such further information and assistance as the CommonwealthContractor, or any person authorised by the CommonwealthContractor, requires in relation to the fraud. Clause 18.15 16.14 does apply unless the Contract Subcontract Particulars state that it does not apply. Without limiting The Consultant: warrants that at the operation of clause 8.5Award Date it holds a valid and satisfactory STR; and must hold a valid and satisfactory STR at all times during the Services and, on request by the Contractor must not enter into a subcontract with a subcontractor (or agree to a novation of a subcontract to a subcontractor) if the total value of all work under the subcontract is expected to exceed $4 million (inclusive of GST) unless the Contractor has obtained and holds any of the STRs referred to in the table belowContractor’s Representative, as applicable provide to the relevant subcontractor. If the subcontractor to enter into the subcontract is: STRs required: Contractor’s Representative a body corporate or natural person a satisfactory and valid STR in respect copy of that body corporate or person. a partner acting for and on behalf of a partnership a satisfactory and valid any such STR: (i) on behalf of the partnership; and (ii) in respect of each partner in the partnership that will be directly involved in the delivery of the subcontract. a trustee acting in its capacity as trustee of a trust a satisfactory and valid STR in respect of the: (i) trustee; and (ii) the trust. a joint venture participant a satisfactory and valid STR in respect of: (i) each participant in the joint venture; and (ii) if the operator of the joint venture is not a participant in the joint venture, the joint venture operator. a member of a Consolidated Group a satisfactory and valid STR in respect of: (i) the relevant member of the Consolidated Group; and (ii) the head company in the Consolidated Group. a member of a GST Group a satisfactory and valid STR in respect of the: (i) the GST Group member; and (ii) the GST Group representative. The Contractor Consultant must obtain and hold additional STRs in the circumstances set out in the table below within 10 business days of the Contractor Consultant becoming aware of the circumstances arising: If the Contractor or subcontractor Consultant is: Additional STRs required: a partner acting for and on behalf of a partnership a satisfactory and valid STR in respect of any additional partner that becomes directly involved in the delivery of the Contract or subcontract (as applicable)Subcontract. a trustee acting in its capacity as trustee of a trust a satisfactory and valid STR in respect of any new trustee appointed to the trust. a joint venture participant a satisfactory and valid STR in respect of: any new participant in the joint venture; and any new joint venture operator if the new operator is not already a participant in the joint venture. a member of a Consolidated Group a satisfactory and valid STR in respect of any new head company of the Consolidated Group. a member of a GST Group a satisfactory and valid STR in respect of any new representative for the GST Group. The Contractor Consultant must provide the Commonwealth Contractor with copies of the STRs referred to in paragraph (b) or paragraph (c) within 5 business days after a written request by the Commonwealth. The Contractor: warrants that at the Award Date it holds a valid and satisfactory STR; must hold a valid and satisfactory STR at all times during the Contractor's Activities and the Works and, on request by the Contract Administrator, provide to the Contract Administrator a copy of any such STR; must ensure that any subcontractor, if the total value of all work under the subcontract is expected to exceed $4 million (inclusive of GST), holds a valid and satisfactory STR at all times during the term of the relevant subcontract; and must retain a copy of any STR held by any subcontractor in accordance with subparagraph (iii) and must, on request by the Contract Administrator, provide to the Contract Administrator a copy of any such STR. For the purposes of the ContractSubcontract, an STR is taken to be: satisfactory if the STR states that the entity has met the conditions, as set out in the Black Shadow Economy Procurement Connected Policy, of having a satisfactory engagement with the Australian tax system; and valid if the STR has not expired as at the date on which the STR is required to be provided or held. Without limiting clause 22, the Contractor must: be "Defence-ready" for the purposes of the DISP; at its cost obtain and thereafter maintain for the term of the Contract the level of DISP membership specified in the Contract Particulars; and comply with any other direction or requirement of the Contract Administrator in relation to the DISP. The Contractor Consultant must take reasonable steps to identify, assess and address risks of Modern Slavery practices arising in connection with the ContractSubcontract, including in the operations and supply chains used in the carrying out performance of the Contractor's ActivitiesServices. The Contractor Consultant must ensure the ContractorConsultant's key people under clause 3.6 4.4 and other personnel responsible for managing the operations and supply chains used in the performance of the Contractor's Activities Services have undertaken suitable training to be able to identify and report Modern Slavery. If at any time the Contractor Consultant becomes aware of Modern Slavery practices arising in connection with the ContractSubcontract, including in the operations and supply chains used in the carrying out performance of the Contractor's ActivitiesServices, the Contractor Consultant must: promptly notify the Contract Administrator Contractor’s Representative of the Modern Slavery practices and provide any relevant information requested by the Contract AdministratorContractor’s Representative; as soon as reasonably practicable take all reasonable action to address or remove these practices, including where relevant by addressing any practices of other entities in its supply chains; and regularly update the Contract Administrator Contractor’s Representative of the steps taken by it in accordance with subparagraph (ii). For the purposes of this clause 18.1716.15, Modern Slavery has the same meaning as it has in the Modern Slavery Act 2018 (Cth). [THIS CLAUSE Without limiting clause 19 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 2016or any other provision of the Subcontract, SEEK DIRECTION FROM DPA] The Contractor declares as the Consultant: must at its cost obtain and thereafter maintain for the Award Date term of the Subcontract the level of DISP membership specified in the Subcontract Particulars in accordance with Control 16.1 of the Defence Security Principles Framework; must comply with any other direction or requirement of the Contractor's Representative in relation to the Commonwealth Funded Building Work DISP; and acknowledges and agrees that is if the subject Consultant has failed to strictly comply with this clause 16.16 (including any direction or requirement 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 Contractor: declares as at the Award Date; and must ensure that at all times, 's Representative in relation to the DISP), the Contractor may (in its absolute discretion): terminate the Subcontract under clause 12.4; or take such failure into account in any registration of interest process, tender process or similar procurement process in connection with any other Commonwealth Funded Building Work that project, and the exercise of any of the Contractor's absolute discretions under this paragraph is not capable of being the subject of the Contract, that it and its subcontractors (who are either "Building Contractors" a dispute or "Building Industry Participants" difference 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, clause 13.1 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 Contractor from responsibility to perform the Contract, or from liability for any defect arising from compliance with the Building Code 2016. The Contractor 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 Contractor 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 subcontractors 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 Contractor must only enter into a subcontract for any of the Commonwealth Funded Building Work that is the subject of the Contract where the: subcontractor is not otherwise 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; subcontractor 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; subcontractor 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); 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); subcontractor has advised, prior to entering into a subcontract with the Contractor, whether the subcontractor 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 subcontractor has agreed to update the advice referred to in subparagraph (v) every six months for the duration of the subcontract between the Contractor and the subcontractor. The Contractor must provide the Commonwealth with any declaration of compliance referred to in paragraph (f)(iii) on request. The Contractor must as soon as practicable notify the Commonwealth and the ABCC when: a dispute arises regarding a payment claim submitted by a subcontractor; or there is a delay in payment of a payment claim submitted by a subcontractor, after the date on which payment of that payment claim falls duereview. For the purposes of subparagraph (h) a disputed or delayed progress payment claim this clause 16.16, DISP means a dispute or claim about: the Contractor failing to pay a subcontractor 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 Defence Industry Security of Payment Legislation resulting in a subcontractor not being paid by the Contractor by the date prescribed by those laws; other than in Western Australia and Northern Territory, the Contractor: failing to issue a payment statement/notice of dispute under the relevant Security of Payment Legislation to a subcontractor 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 Contractor failing to pay the adjudicated amount to a subcontractor following a determination by an adjudicator under the relevant Security of Payment Legislation by the date prescribed in those laws; the Contractor failing to pay a subcontractor 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 Contractor 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 Program more particularly described at xxxxx://xxx.xxxx.xxx.xx/xxxxxxxx-xxxx/xxxxxxxxxxx/xxxxxxxxxxxx-xxxxx/xxxxxxxx-xxxxxxxxxxx://xxx.xxxxxxx.xxx.xx/xxxx/xxxxxxxx.

Fraud Control. Without limiting the ContractorConsultant's other obligations, the Contractor must proactivelyConsultant must: proactively take all necessary measures to prevent, detect and investigate any fraud in connection with the Contract or the Contractor's Activities Services (including all measures directed by the Contract Administrator); and proactively take all necessary corrective action to mitigate any loss or damage to the Commonwealth resulting from fraud to the extent that the fraud was caused or contributed to by the Contractor Consultant or any of its officers, employees, subcontractors subconsultants or agents and put the Commonwealth in the position it would have been in if the fraud had not occurred (including all corrective action directed by the Contract Administrator). If the Contractor Consultant knows or suspects that any fraud is occurring or has occurred it must immediately provide a detailed written notice to the Contract Administrator including details of: the known or suspected fraud; how the known or suspected fraud occurred; the proactive corrective action the Contractor Consultant will take under paragraph (a)(ii); and the proactive measures which the Contractor Consultant will take under paragraph (a)(i) to ensure that the fraud does not occur again, and such further information and assistance as the Commonwealth, or any person authorised by the Commonwealth, requires in relation to the fraud. Clause 18.15 15.14 does apply unless the Contract Particulars state that it does not apply. Without limiting the operation of clause 8.52.9(d), the Contractor Consultant must not enter into a subcontract with a subcontractor subconsultant (or agree to a novation of a subcontract to a subcontractorsubconsultant) if the total value of all work under the subcontract is expected to exceed $4 million (inclusive of GST) unless the Contractor Consultant has obtained and holds any of the STRs referred to in the table below, as applicable to the relevant subcontractorsubconsultant. If the subcontractor to enter into the subcontract is: STRs required: a body corporate or natural person a satisfactory and valid STR in respect of that body corporate or person. a partner acting for and on behalf of a partnership a satisfactory and valid STR: (i) on behalf of the partnership; and (ii) in respect of each partner in the partnership that will be directly involved in the delivery of the subcontract. a trustee acting in its capacity as trustee of a trust a satisfactory and valid STR in respect of the: (i) trustee; and (ii) the trust. a joint venture participant a satisfactory and valid STR in respect of: (i) each participant in the joint venture; and (ii) if the operator of the joint venture is not a participant in the joint venture, the joint venture operator. a member of a Consolidated Group a satisfactory and valid STR in respect of: (i) the relevant member of the Consolidated Group; and (ii) the head company in the Consolidated Group. a member of a GST Group a satisfactory and valid STR in respect of the: (i) the GST Group member; and (ii) the GST Group representative. The Contractor Consultant must obtain and hold additional STRs in the circumstances set out in the table below within 10 business days of the Contractor Consultant becoming aware of the circumstances arising: If the Contractor or subcontractor is: Additional STRs required: a partner acting for and on behalf of a partnership a satisfactory and valid STR in respect of any additional partner that becomes directly involved in the delivery of the Contract or subcontract (as applicable). a trustee acting in its capacity as trustee of a trust a satisfactory and valid STR in respect of any new trustee appointed to the trust. a joint venture participant a satisfactory and valid STR in respect of: any new participant in the joint venture; and any new joint venture operator if the new operator is not already a participant in the joint venture. a member of a Consolidated Group a satisfactory and valid STR in respect of any new head company of the Consolidated Group. a member of a GST Group a satisfactory and valid STR in respect of any new representative for the GST Group. The Contractor Consultant must provide the Commonwealth with copies of the STRs referred to in paragraph (b) or paragraph (c) within 5 business days after a written request by the Commonwealth. The ContractorConsultant: warrants that at the Award Date it holds a valid and satisfactory STR; must hold a valid and satisfactory STR at all times during the Contractor's Activities and the Works Services and, on request by the Contract Administrator, provide to the Contract Administrator a copy of any such STR; must ensure that any subcontractorsubconsultant, if the total value of all work under the subcontract is expected to exceed $4 million (inclusive of GST), holds a valid and satisfactory STR at all times during the term of the relevant subcontract; and must retain a copy of any STR held by any subcontractor subconsultant in accordance with subparagraph (iii) and must, on request by the Contract Administrator, provide to the Contract Administrator a copy of any such STR. For the purposes of the Contract, an STR is taken to be: satisfactory if the STR states that the entity has met the conditions, as set out in the Black Economy Procurement Connected Policy, of having a satisfactory engagement with the Australian tax system; and valid if the STR has not expired as at the date on which the STR is required to be provided or held. Without limiting clause 2219, the Contractor Consultant must: be "Defence-ready" for the purposes of the DISP; at its cost obtain and thereafter maintain for the term of the Contract the level of DISP membership specified in the Contract Particulars; and comply with any other direction or requirement of the Contract Administrator in relation to the DISP. The Contractor must take reasonable steps to identify, assess and address risks of Modern Slavery practices arising in connection with the Contract, including in the operations and supply chains used in the carrying out of the Contractor's Activities. The Contractor must ensure the Contractor's key people under clause 3.6 and other personnel responsible for managing the operations and supply chains used in the performance of the Contractor's Activities have undertaken suitable training to be able to identify and report Modern Slavery. If at any time the Contractor becomes aware of Modern Slavery practices arising in connection with the Contract, including in the operations and supply chains used in the carrying out of the Contractor's Activities, the Contractor must: promptly notify the Contract Administrator of the Modern Slavery practices and provide any relevant information requested by the Contract Administrator; as soon as reasonably practicable take all reasonable action to address or remove these practices, including where relevant by addressing any practices of other entities in its supply chains; and regularly update the Contract Administrator of the steps taken by it in accordance with subparagraph (ii). For the purposes of this clause 18.17, Modern Slavery has the same meaning as it has in the Modern Slavery Act 2018 (Cth). [THIS CLAUSE 19 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] The Contractor 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 Contractor: 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 subcontractors (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 Contractor from responsibility to perform the Contract, or from liability for any defect arising from compliance with the Building Code 2016. The Contractor 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 Contractor 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 subcontractors 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 Contractor must only enter into a subcontract for any of the Commonwealth Funded Building Work that is the subject of the Contract where the: subcontractor 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; subcontractor 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; subcontractor 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); 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); subcontractor has advised, prior to entering into a subcontract with the Contractor, whether the subcontractor 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 subcontractor has agreed to update the advice referred to in subparagraph (v) every six months for the duration of the subcontract between the Contractor and the subcontractor. The Contractor must provide the Commonwealth with any declaration of compliance referred to in paragraph (f)(iii) on request. The Contractor must as soon as practicable notify the Commonwealth and the ABCC when: a dispute arises regarding a payment claim submitted by a subcontractor; or there is a delay in payment of a payment claim submitted by a subcontractor, 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 Contractor failing to pay a subcontractor 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 subcontractor not being paid by the Contractor by the date prescribed by those laws; other than in Western Australia and Northern Territory, the Contractor: failing to issue a payment statement/notice of dispute under the relevant Security of Payment Legislation to a subcontractor 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 Contractor failing to pay the adjudicated amount to a subcontractor following a determination by an adjudicator under the relevant Security of Payment Legislation by the date prescribed in those laws; the Contractor failing to pay a subcontractor 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 Contractor 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.

Fraud Control. Without limiting the Contractor's other obligations, the Contractor must proactively: take all necessary measures to prevent, detect and investigate any fraud in connection with the Contract or the Contractor's Activities (including all measures directed by the Contract Administrator); and take all necessary corrective action to mitigate any loss or damage to the Commonwealth resulting from fraud to the extent that the fraud was caused or contributed to by the Contractor or any of its officers, employees, subcontractors or agents and put the Commonwealth in the position it would have been in if the fraud had not occurred (including all corrective action directed by the Contract Administrator). If the Contractor knows or suspects that any fraud is occurring or has occurred it must immediately provide a detailed written notice to the Contract Administrator including details of: the known or suspected fraud; how the known or suspected fraud occurred; the proactive corrective action the Contractor will take under paragraph (a)(ii); and the proactive measures which the Contractor will take under paragraph (a)(i) to ensure that the fraud does not occur again, and such further information and assistance as the Commonwealth, or any person authorised by the Commonwealth, requires in relation to the fraud. Clause 18.15 does apply unless the Contract Particulars state that it does not apply. Without limiting the operation of clause 8.5, the Contractor must not enter into a subcontract with a subcontractor (or agree to a novation of a subcontract to a subcontractor) if the total value of all work under the subcontract is expected to exceed $4 million (inclusive of GST) unless the Contractor has obtained and holds any of the STRs referred to in the table below, as applicable to the relevant subcontractor. If the subcontractor to enter into the subcontract is: STRs required: a body corporate or natural person a satisfactory and valid STR in respect of that body corporate or person. a partner acting for and on behalf of a partnership a satisfactory and valid STR: (i) on behalf of the partnership; and (ii) in respect of each partner in the partnership that will be directly involved in the delivery of the subcontract. a trustee acting in its capacity as trustee of a trust a satisfactory and valid STR in respect of the: (i) trustee; and (ii) the trust. a joint venture participant a satisfactory and valid STR in respect of: (i) each participant in the joint venture; and (ii) if the operator of the joint venture is not a participant in the joint venture, the joint venture operator. a member of a Consolidated Group a satisfactory and valid STR in respect of: (i) the relevant member of the Consolidated Group; and (ii) the head company in the Consolidated Group. a member of a GST Group a satisfactory and valid STR in respect of the: (i) the GST Group member; and (ii) the GST Group representative. The Contractor must obtain and hold additional STRs in the circumstances set out in the table below within 10 business days of the Contractor becoming aware of the circumstances arising: If the Contractor or subcontractor is: Additional STRs required: a partner acting for and on behalf of a partnership a satisfactory and valid STR in respect of any additional partner that becomes directly involved in the delivery of the Contract or subcontract (as applicable). a trustee acting in its capacity as trustee of a trust a satisfactory and valid STR in respect of any new trustee appointed to the trust. a joint venture participant a satisfactory and valid STR in respect of: any new participant in the joint venture; and any new joint venture operator if the new operator is not already a participant in the joint venture. a member of a Consolidated Group a satisfactory and valid STR in respect of any new head company of the Consolidated Group. a member of a GST Group a satisfactory and valid STR in respect of any new representative for the GST Group. The Contractor must provide the Commonwealth with copies of the STRs referred to in paragraph (b) or paragraph (c) within 5 business days after a written request by the Commonwealth. The Contractor: warrants that at the Award Date it holds a valid and satisfactory STR; must hold a valid and satisfactory STR at all times during the Contractor's Activities and the Works and, on request by the Contract Administrator, provide to the Contract Administrator a copy of any such STR; must ensure that any subcontractor, if the total value of all work under the subcontract is expected to exceed $4 million (inclusive of GST), holds a valid and satisfactory STR at all times during the term of the relevant subcontract; and must retain a copy of any STR held by any subcontractor in accordance with subparagraph (iii) and must, on request by the Contract Administrator, provide to the Contract Administrator a copy of any such STR. For the purposes of the Contract, an STR is taken to be: satisfactory if the STR states that the entity has met the conditions, as set out in the Black Economy Procurement Connected Policy, of having a satisfactory engagement with the Australian tax system; and valid if the STR has not expired as at the date on which the STR is required to be provided or held. Without limiting clause 2222 or any other provision of the Contract, the Contractor mustContractor: be "Defence-ready" for the purposes of the DISP; must at its cost obtain and thereafter maintain for the term of the Contract the level of DISP membership specified in the Contract ParticularsParticulars in accordance with Control 16.1 of the Defence Security Principles Framework dated 31 July 2020 (as amended from time to time); and must comply with any other direction or requirement of the Contract Administrator in relation to the DISP; and acknowledges and agrees that if the Contractor has failed to strictly comply with this clause 18.16 (including any direction or requirement of the Contract Administrator in relation to the DISP), the Commonwealth may (in its absolute discretion): terminate the Contract under clause 14.4; or take such failure into account in any registration of interest process, tender process or similar procurement process in connection with any other Commonwealth project, and the exercise of any of the Commonwealth's absolute discretions under this paragraph is not capable of being the subject of a dispute or difference for the purposes of clause 15.1 or otherwise subject to review. The Contractor must take reasonable steps to identify, assess and address risks of Modern Slavery practices arising in connection with the Contract, including in the operations and supply chains used in the carrying out of the Contractor's Activities. The Contractor must ensure the Contractor's key people under clause 3.6 and other personnel responsible for managing the operations and supply chains used in the performance of the Contractor's Activities have undertaken suitable training to be able to identify and report Modern Slavery. If at any time the Contractor becomes aware of Modern Slavery practices arising in connection with the Contract, including in the operations and supply chains used in the carrying out of the Contractor's Activities, the Contractor must: promptly notify the Contract Administrator of the Modern Slavery practices and provide any relevant information requested by the Contract Administrator; as soon as reasonably practicable take all reasonable action to address or remove these practices, including where relevant by addressing any practices of other entities in its supply chains; and regularly update the Contract Administrator of the steps taken by it in accordance with subparagraph (ii). For the purposes of this clause 18.17, Modern Slavery has the same meaning as it has in the Modern Slavery Act 2018 (Cth). [THIS CLAUSE 19 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] The Contractor declares confirms that as at the Award Date Date, it is not subject to an Exclusion Sanction. The Contractor must ensure in delivering the Works and the Contractor's Activities that it will only use products 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 Contractor: 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 subcontractors (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 Contract 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 Contractor from responsibility to perform the Contract, or from liability for any defect arising from compliance with the Building Code 2016. The Contractor 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 Contractor 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 subcontractors 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 Contractor must only enter into a subcontract for any of the Commonwealth Funded Building Work that is the subject of the Contract where thethe subcontractor: subcontractor is not subject to an Exclusion Sanction or excluded from undertaking work performing Building Work funded by a State or Territory Government Government, unless approval to do so is provided by the ABC Commissioner; subcontractor 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 Minister responsible for administering the Building Code 2016; subcontractor and has submitted a declaration of compliance, including any information required to be submitted by 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); 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); subcontractor has advised, prior to entering into a subcontract with the Contractor, whether the subcontractor 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 subcontractor has agreed to update the advice referred to in subparagraph (v) every six months for the duration of the subcontract between the Contractor and the subcontractor2016. The Contractor must provide the Commonwealth with any declaration confirmation of compliance referred to in the matters the subject of paragraph (f)(iiic) on request. The Contractor must as soon as practicable notify the Commonwealth and the ABCC when: a dispute arises regarding a payment claim submitted by a subcontractor; or there is a delay in payment of a payment claim submitted by a subcontractor, 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 Contractor failing to pay a subcontractor 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 subcontractor not being paid by the Contractor by the date prescribed by those laws; other than in Western Australia and Northern Territory, the Contractor: failing to issue a payment statement/notice of dispute under the relevant Security of Payment Legislation to a subcontractor 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 Contractor failing to pay the adjudicated amount to a subcontractor following a determination by an adjudicator under the relevant Security of Payment Legislation by the date prescribed in those laws; the Contractor failing to pay a subcontractor 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 Contractor 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.

Fraud Control. Without limiting the Contractor's other obligations, the Contractor must proactivelymust: proactively take all necessary measures to prevent, detect and investigate any fraud in connection with the Contract or the Contractor's Activities (including all measures directed by the Contract AdministratorPDS Contractor); and proactively take all necessary corrective action to mitigate any loss or damage to the Commonwealth resulting from fraud to the extent that the fraud was caused or contributed to by the Contractor or any of its officers, employees, subcontractors or agents and put the Commonwealth in the position it would have been in if the fraud had not occurred (including all corrective action directed by the Contract AdministratorPDS Contractor). If the Contractor knows or suspects that any fraud is occurring or has occurred it must immediately provide a detailed written notice to the Contract Administrator PDS Contractor including details of: the known or suspected fraud; how the known or suspected fraud occurred; the proactive corrective action the Contractor will take under paragraph (a)(ii); and the proactive measures which the Contractor will take under paragraph (a)(i) to ensure that the fraud does not occur again, and such further information and assistance as the Commonwealth, or any person authorised by the Commonwealth, requires in relation to the fraud. Clause 18.15 17.17 does apply unless the Contract Particulars state that it does not apply. Without limiting the operation of clause 8.57.4, the Contractor must not enter into a subcontract with a subcontractor (or agree to a novation of a subcontract to a subcontractor) if the total value of all work under the subcontract is expected to exceed $4 million (inclusive of GST) unless the Contractor has obtained and holds any of the STRs referred to in the table below, as applicable to the relevant subcontractor. If the subcontractor to enter into the subcontract is: STRs required: a body corporate or natural person a satisfactory and valid STR in respect of that body corporate or person. a partner acting for and on behalf of a partnership a satisfactory and valid STR: (i) on behalf of the partnership; and (ii) in respect of each partner in the partnership that will be directly involved in the delivery of the subcontract. a trustee acting in its capacity as trustee of a trust a satisfactory and valid STR in respect of the: (i) trustee; and (ii) the trust. a joint venture participant a satisfactory and valid STR in respect of: (i) each participant in the joint venture; and (ii) if the operator of the joint venture is not a participant in the joint venture, the joint venture operator. a member of a Consolidated Group a satisfactory and valid STR in respect of: (i) the relevant member of the Consolidated Group; and (ii) the head company in the Consolidated Group. a member of a GST Group a satisfactory and valid STR in respect of the: (i) the GST Group member; and (ii) the GST Group representative. The Contractor must obtain and hold additional STRs in the circumstances set out in the table below within 10 business days of the Contractor becoming aware of the circumstances arising: If the Contractor or subcontractor is: Additional STRs required: a partner acting for and on behalf of a partnership a satisfactory and valid STR in respect of any additional partner that becomes directly involved in the delivery of the Contract or subcontract (as applicable). a trustee acting in its capacity as trustee of a trust a satisfactory and valid STR in respect of any new trustee appointed to the trust. a joint venture participant a satisfactory and valid STR in respect of: any new participant in the joint venture; and any new joint venture operator if the new operator is not already a participant in the joint venture. a member of a Consolidated Group a satisfactory and valid STR in respect of any new head company of the Consolidated Group. a member of a GST Group a satisfactory and valid STR in respect of any new representative for the GST Group. The Contractor must provide the Commonwealth with copies of the STRs referred to in paragraph (b) or paragraph (c) within 5 business days after a written request by the Commonwealth. The Contractor: warrants that at the Award Date it holds a valid and satisfactory STR; must hold a valid and satisfactory STR at all times during the Contractor's Activities and the Works and, on request by the Contract AdministratorPDS Contractor, provide to the Contract Administrator PDS Contractor a copy of any such STR; must ensure that any subcontractor, if the total value of all work under the subcontract is expected to exceed $4 million (inclusive of GST), holds a valid and satisfactory STR at all times during the term of the relevant subcontract; and must retain a copy of any STR held by any subcontractor in accordance with subparagraph (iii) and must, on request by the Contract AdministratorPDS Contractor, provide to the Contract Administrator PDS Contractor a copy of any such STR. For the purposes of the Contract, an STR is taken to be: satisfactory if the STR states that the entity has met the conditions, as set out in the Black Economy Procurement Connected Policy, of having a satisfactory engagement with the Australian tax system; and valid if the STR has not expired as at the date on which the STR is required to be provided or held. Without limiting clause 22, the Contractor must: be "Defence-ready" for the purposes of the DISP; at its cost obtain and thereafter maintain for the term of the Contract the level of DISP membership specified in the Contract Particulars; and comply with any other direction or requirement of the Contract Administrator in relation to the DISP. The Contractor must take reasonable steps to identify, assess and address risks of Modern Slavery practices arising in connection with the Contract, including in the operations and supply chains used in the carrying out of the Contractor's Activities. The Contractor must ensure the Contractor's key people under clause 3.6 and other personnel responsible for managing the operations and supply chains used in the performance of the Contractor's Activities have undertaken suitable training to be able to identify and report Modern Slavery. If at any time the Contractor becomes aware of Modern Slavery practices arising in connection with the Contract, including in the operations and supply chains used in the carrying out of the Contractor's Activities, the Contractor must: promptly notify the Contract Administrator of the Modern Slavery practices and provide any relevant information requested by the Contract Administrator; as soon as reasonably practicable take all reasonable action to address or remove these practices, including where relevant by addressing any practices of other entities in its supply chains; and regularly update the Contract Administrator of the steps taken by it in accordance with subparagraph (ii). For the purposes of this clause 18.17, Modern Slavery has the same meaning as it has in the Modern Slavery Act 2018 (Cth). [THIS CLAUSE 19 18 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 THE DIRECTORATE OF PROGRAM ASSURANCE (DPA)] Clause 18 applies unless the Contract Particulars state that it does not apply. The Contractor 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 Contractor: 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 subcontractors (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 Contractor from responsibility to perform the Contract, or from liability for any defect arising from compliance with the Building Code 2016. The Contractor 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 Contractor 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 subcontractors 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 Contractor must only enter into a subcontract for any of the Commonwealth Funded Building Work that is the subject of the Contract where thewhere: the subcontractor 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 subcontractor 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 subcontractor 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 subcontractor has advised, prior to entering into a subcontract with the Contractor, whether the subcontractor 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 subcontractor has agreed to update the advice referred to in subparagraph (v) every six months for the duration of the subcontract between the Contractor and the subcontractor. The Contractor must provide the Commonwealth with any declaration of compliance referred to in paragraph (f)(iii) on request. The Contractor must as soon as practicable notify the Commonwealth and the ABCC when: a dispute arises regarding a payment claim submitted by a subcontractor; or there is a delay in payment of a payment claim submitted by a subcontractor, 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 Contractor failing to pay a subcontractor 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 subcontractor not being paid by the Contractor by the date prescribed by those laws; other than in Western Australia and Northern Territory, the Contractor: failing to issue a payment statement/notice of dispute under the relevant Security of Payment Legislation to a subcontractor 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 Contractor failing to pay the adjudicated amount to a subcontractor following a determination by an adjudicator under the relevant Security of Payment Legislation by the date prescribed in those laws; the Contractor failing to pay a subcontractor 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 Contractor 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. Without limiting the Contractor's obligations under the Contract or otherwise at law or in equity, the Contractor must design the parts of the Works which the Contract requires it to design, and construct the Works, in a manner which: xxxxxxxxx the achievement of the ESD Principles and the WOL Objectives; and complies with the requirements of the ESD and WOL Plan (if any).

Fraud Control. Without limiting the Contractor's other obligations, the Contractor must proactivelymust: proactively take all necessary measures to prevent, detect and investigate any fraud in connection with the Contract or the Contractor's Activities (including all measures directed by the Contract AdministratorPDS Contractor); and proactively take all necessary corrective action to mitigate any loss or damage to the Commonwealth resulting from fraud to the extent that the fraud was caused or contributed to by the Contractor or any of its officers, employees, subcontractors or agents and put the Commonwealth in the position it would have been in if the fraud had not occurred (including all corrective action directed by the Contract AdministratorPDS Contractor). If the Contractor knows or suspects that any fraud is occurring or has occurred it must immediately provide a detailed written notice to the Contract Administrator PDS Contractor including details of: the known or suspected fraud; how the known or suspected fraud occurred; the proactive corrective action the Contractor will take under paragraph (a)(iiii); and the proactive measures which the Contractor will take under paragraph (a)(ii) to ensure that the fraud does not occur again, and such further information and assistance as the Commonwealth, or any person authorised by the Commonwealth, requires in relation to the fraud. Clause 18.15 17.17 does apply unless the Contract Particulars state that it does not apply. Without limiting the operation of clause 8.57.4, the Contractor must not enter into a subcontract with a subcontractor (or agree to a novation of a subcontract to a subcontractor) if the total value of all work under the subcontract is expected to exceed $4 million (inclusive of GST) unless the Contractor has obtained and holds any of the STRs referred to in the table below, as applicable to the relevant subcontractor. If the subcontractor to enter into the subcontract is: STRs required: a body corporate or natural person a satisfactory and valid STR in respect of that body corporate or person. a partner acting for and on behalf of a partnership a satisfactory and valid STR: (i) on behalf of the partnership; and (ii) in respect of each partner in the partnership that will be directly involved in the delivery of the subcontract. a trustee acting in its capacity as trustee of a trust a satisfactory and valid STR in respect of the: (i) trustee; and (ii) the trust. a joint venture participant a satisfactory and valid STR in respect of: (i) each participant in the joint venture; and (ii) if the operator of the joint venture is not a participant in the joint venture, the joint venture operator. a member of a Consolidated Group a satisfactory and valid STR in respect of: (i) the relevant member of the Consolidated Group; and (ii) the head company in the Consolidated Group. a member of a GST Group a satisfactory and valid STR in respect of the: (i) the GST Group member; and (ii) the GST Group representative. The Contractor must obtain and hold additional STRs in the circumstances set out in the table below within 10 business days of the Contractor becoming aware of the circumstances arising: If the Contractor or subcontractor is: Additional STRs required: a partner acting for and on behalf of a partnership a satisfactory and valid STR in respect of any additional partner that becomes directly involved in the delivery of the Contract or subcontract (as applicable). a trustee acting in its capacity as trustee of a trust a satisfactory and valid STR in respect of any new trustee appointed to the trust. a joint venture participant a satisfactory and valid STR in respect of: any new participant in the joint venture; and any new joint venture operator if the new operator is not already a participant in the joint venture. a member of a Consolidated Group a satisfactory and valid STR in respect of any new head company of the Consolidated Group. a member of a GST Group a satisfactory and valid STR in respect of any new representative for the GST Group. The Contractor must provide the Commonwealth with copies of the STRs referred to in paragraph (b) or paragraph (c) within 5 business days after a written request by the Commonwealth. The Contractor: warrants that at the Award Date it holds a valid and satisfactory STR; must hold a valid and satisfactory STR at all times during the Contractor's Activities and the Works and, on request by the Contract AdministratorPDS Contractor, provide to the Contract Administrator PDS Contractor a copy of any such STR; must ensure that any subcontractor, if the total value of all work under the subcontract is expected to exceed $4 million (inclusive of GST), holds a valid and satisfactory STR at all times during the term of the relevant subcontract; and must retain a copy of any STR held by any subcontractor in accordance with subparagraph (iii) and must, on request by the Contract AdministratorPDS Contractor, provide to the Contract Administrator PDS Contractor a copy of any such STR. For the purposes of the Contract, an STR is taken to be: satisfactory if the STR states that the entity has met the conditions, as set out in the Black Shadow Economy Procurement Connected Policy, of having a satisfactory engagement with the Australian tax system; and valid if the STR has not expired as at the date on which the STR is required to be provided or held. Without limiting clause 22, the Contractor must: be "Defence-ready" for the purposes of the DISP; at its cost obtain and thereafter maintain for the term of the Contract the level of DISP membership specified in the Contract Particulars; and comply with any other direction or requirement of the Contract Administrator in relation to the DISP. The Contractor must take reasonable steps to identify, assess and address risks of Modern Slavery practices arising in connection with the Contract, including in the operations and supply chains used in the carrying out of the Contractor's Activities. The Contractor must ensure the Contractor's key people under clause 3.6 and other personnel responsible for managing the operations and supply chains used in the performance of the Contractor's Activities have undertaken suitable training to be able to identify and report Modern Slavery. If at any time the Contractor becomes aware of Modern Slavery practices arising in connection with the Contract, including in the operations and supply chains used in the carrying out of the Contractor's Activities, the Contractor must: promptly notify the Contract Administrator of the Modern Slavery practices and provide any relevant information requested by the Contract Administrator; as soon as reasonably practicable take all reasonable action to address or remove these practices, including where relevant by addressing any practices of other entities in its supply chains; and regularly update the Contract Administrator of the steps taken by it in accordance with subparagraph (ii). For the purposes of this clause 18.17, Modern Slavery has the same meaning as it has in the Modern Slavery Act 2018 (Cth). [THIS CLAUSE 19 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] The Contractor 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 Contractor: 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 subcontractors (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 Contractor from responsibility to perform the Contract, or from liability for any defect arising from compliance with the Building Code 2016. The Contractor 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 Contractor 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 subcontractors 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 Contractor must only enter into a subcontract for any of the Commonwealth Funded Building Work that is the subject of the Contract where the: subcontractor 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; subcontractor 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; subcontractor 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); 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); subcontractor has advised, prior to entering into a subcontract with the Contractor, whether the subcontractor 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 subcontractor has agreed to update the advice referred to in subparagraph (v) every six months for the duration of the subcontract between the Contractor and the subcontractor. The Contractor must provide the Commonwealth with any declaration of compliance referred to in paragraph (f)(iii) on request. The Contractor must as soon as practicable notify the Commonwealth and the ABCC when: a dispute arises regarding a payment claim submitted by a subcontractor; or there is a delay in payment of a payment claim submitted by a subcontractor, 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 Contractor failing to pay a subcontractor 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 subcontractor not being paid by the Contractor by the date prescribed by those laws; other than in Western Australia and Northern Territory, the Contractor: failing to issue a payment statement/notice of dispute under the relevant Security of Payment Legislation to a subcontractor 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 Contractor failing to pay the adjudicated amount to a subcontractor following a determination by an adjudicator under the relevant Security of Payment Legislation by the date prescribed in those laws; the Contractor failing to pay a subcontractor 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 Contractor 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.

Fraud Control. Without limiting the ContractorConsultant 's other obligations, the Contractor Consultant must proactively: take all necessary measures to prevent, detect and investigate any fraud in connection with the Contract Subcontract or the Contractor's Activities Services (including all measures directed by the Contract AdministratorContractor’s Representative); and take all necessary corrective action to mitigate any loss or damage to the Commonwealth and the Contractor resulting from fraud to the extent that the fraud was caused or contributed to by the Contractor Consultant or any of its officers, employees, subcontractors consultants or agents and put each of the Commonwealth and the Contractor (as applicable) in the position it would have been in if the fraud had not occurred (including all corrective action directed by the Contract AdministratorContractor’s Representative). If the Contractor Consultant knows or suspects that any fraud is occurring or has occurred it must immediately provide a detailed written notice to the Contract Administrator Contractor’s Representative including details of: the known or suspected fraud; how the known or suspected fraud occurred; the proactive corrective action the Contractor Consultant will take under paragraph (a)(ii); and the proactive measures which the Contractor Consultant will take under paragraph (a)(i) to ensure that the fraud does not occur again, and such further information and assistance as the CommonwealthContractor, or any person authorised by the CommonwealthContractor, requires in relation to the fraud. Clause 18.15 16.14 does apply unless the Contract Subcontract Particulars state that it does not apply. Without limiting The Consultant: warrants that at the operation of clause 8.5Award Date it holds a valid and satisfactory STR; and must hold a valid and satisfactory STR at all times during the Services and, on request by the Contractor must not enter into a subcontract with a subcontractor (or agree to a novation of a subcontract to a subcontractor) if the total value of all work under the subcontract is expected to exceed $4 million (inclusive of GST) unless the Contractor has obtained and holds any of the STRs referred to in the table belowContractor’s Representative, as applicable provide to the relevant subcontractor. If the subcontractor to enter into the subcontract is: STRs required: Contractor’s Representative a body corporate or natural person a satisfactory and valid STR in respect copy of that body corporate or person. a partner acting for and on behalf of a partnership a satisfactory and valid any such STR: (i) on behalf of the partnership; and (ii) in respect of each partner in the partnership that will be directly involved in the delivery of the subcontract. a trustee acting in its capacity as trustee of a trust a satisfactory and valid STR in respect of the: (i) trustee; and (ii) the trust. a joint venture participant a satisfactory and valid STR in respect of: (i) each participant in the joint venture; and (ii) if the operator of the joint venture is not a participant in the joint venture, the joint venture operator. a member of a Consolidated Group a satisfactory and valid STR in respect of: (i) the relevant member of the Consolidated Group; and (ii) the head company in the Consolidated Group. a member of a GST Group a satisfactory and valid STR in respect of the: (i) the GST Group member; and (ii) the GST Group representative. The Contractor Consultant must obtain and hold additional STRs in the circumstances set out in the table below within 10 business days of the Contractor Consultant becoming aware of the circumstances arising: If the Contractor or subcontractor Consultant is: Additional STRs required: a partner acting for and on behalf of a partnership a satisfactory and valid STR in respect of any additional partner that becomes directly involved in the delivery of the Contract or subcontract (as applicable)Subcontract. a trustee acting in its capacity as trustee of a trust a satisfactory and valid STR in respect of any new trustee appointed to the trust. a joint venture participant a satisfactory and valid STR in respect of: any new participant in the joint venture; and any new joint venture operator if the new operator is not already a participant in the joint venture. a member of a Consolidated Group a satisfactory and valid STR in respect of any new head company of the Consolidated Group. a member of a GST Group a satisfactory and valid STR in respect of any new representative for the GST Group. The Contractor Consultant must provide the Commonwealth Contractor with copies of the STRs referred to in paragraph (b) or paragraph (c) within 5 business days after a written request by the Commonwealth. The Contractor: warrants that at the Award Date it holds a valid and satisfactory STR; must hold a valid and satisfactory STR at all times during the Contractor's Activities and the Works and, on request by the Contract Administrator, provide to the Contract Administrator a copy of any such STR; must ensure that any subcontractor, if the total value of all work under the subcontract is expected to exceed $4 million (inclusive of GST), holds a valid and satisfactory STR at all times during the term of the relevant subcontract; and must retain a copy of any STR held by any subcontractor in accordance with subparagraph (iii) and must, on request by the Contract Administrator, provide to the Contract Administrator a copy of any such STR. For the purposes of the ContractSubcontract, an STR is taken to be: satisfactory if the STR states that the entity has met the conditions, as set out in the Black Economy Procurement Connected Policy, of having a satisfactory engagement with the Australian tax system; and valid if the STR has not expired as at the date on which the STR is required to be provided or held. Without limiting clause 22, the Contractor must: be "Defence-ready" for the purposes of the DISP; at its cost obtain and thereafter maintain for the term of the Contract the level of DISP membership specified in the Contract Particulars; and comply with any other direction or requirement of the Contract Administrator in relation to the DISP. The Contractor Consultant must take reasonable steps to identify, assess and address risks of Modern Slavery practices arising in connection with the ContractSubcontract, including in the operations and supply chains used in the carrying out performance of the Contractor's ActivitiesServices. The Contractor Consultant must ensure the ContractorConsultant's key people under clause 3.6 4.4 and other personnel responsible for managing the operations and supply chains used in the performance of the Contractor's Activities Services have undertaken suitable training to be able to identify and report Modern Slavery. If at any time the Contractor Consultant becomes aware of Modern Slavery practices arising in connection with the ContractSubcontract, including in the operations and supply chains used in the carrying out performance of the Contractor's ActivitiesServices, the Contractor Consultant must: promptly notify the Contract Administrator Contractor’s Representative of the Modern Slavery practices and provide any relevant information requested by the Contract AdministratorContractor’s Representative; as soon as reasonably practicable take all reasonable action to address or remove these practices, including where relevant by addressing any practices of other entities in its supply chains; and regularly update the Contract Administrator Contractor’s Representative of the steps taken by it in accordance with subparagraph (ii). For the purposes of this clause 18.1716.15, Modern Slavery has the same meaning as it has in the Modern Slavery Act 2018 (Cth). [THIS CLAUSE Without limiting clause 19 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 2016or any other provision of the Subcontract, SEEK DIRECTION FROM DPA] The Contractor declares the Consultant: must at its cost obtain and thereafter maintain for the term of the Subcontract the level of DISP membership specified in the Subcontract Particulars in accordance with Control 16.1 of the Defence Security Principles Framework dated 31 July 2020 (as at amended from time to time); must comply with any other direction or requirement of the Award Date Contractor's Representative in relation to the Commonwealth Funded Building Work DISP; and acknowledges and agrees that is if the subject Consultant has failed to strictly comply with this clause 16.16 (including any direction or requirement 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 Contractor: declares as at the Award Date; and must ensure that at all times, 's Representative in relation to the DISP), the Contractor may (in its absolute discretion): terminate the Subcontract under clause 12.4; or take such failure into account in any registration of interest process, tender process or similar procurement process in connection with any other Commonwealth Funded Building Work that project, and the exercise of any of the Contractor's absolute discretions under this paragraph is not capable of being the subject of the Contract, that it and its subcontractors (who are either "Building Contractors" a dispute or "Building Industry Participants" difference 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, clause 13.1 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 Contractor from responsibility to perform the Contract, or from liability for any defect arising from compliance with the Building Code 2016. The Contractor 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 Contractor 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 subcontractors 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 Contractor must only enter into a subcontract for any of the Commonwealth Funded Building Work that is the subject of the Contract where the: subcontractor is not otherwise 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; subcontractor 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; subcontractor 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); 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); subcontractor has advised, prior to entering into a subcontract with the Contractor, whether the subcontractor 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 subcontractor has agreed to update the advice referred to in subparagraph (v) every six months for the duration of the subcontract between the Contractor and the subcontractor. The Contractor must provide the Commonwealth with any declaration of compliance referred to in paragraph (f)(iii) on request. The Contractor must as soon as practicable notify the Commonwealth and the ABCC when: a dispute arises regarding a payment claim submitted by a subcontractor; or there is a delay in payment of a payment claim submitted by a subcontractor, after the date on which payment of that payment claim falls duereview. For the purposes of subparagraph (h) a disputed or delayed progress payment claim this clause 16.16, DISP means a dispute or claim about: the Contractor failing to pay a subcontractor 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 Defence Industry Security of Payment Legislation resulting in a subcontractor not being paid by the Contractor by the date prescribed by those laws; other than in Western Australia and Northern Territory, the Contractor: failing to issue a payment statement/notice of dispute under the relevant Security of Payment Legislation to a subcontractor 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 Contractor failing to pay the adjudicated amount to a subcontractor following a determination by an adjudicator under the relevant Security of Payment Legislation by the date prescribed in those laws; the Contractor failing to pay a subcontractor 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 Contractor 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 Program more particularly described at xxxxx://xxx.xxxx.xxx.xx/xxxxxxxx-xxxx/xxxxxxxxxxx/xxxxxxxxxxxx-xxxxx/xxxxxxxx-xxxxxxxxxxx://xxx.xxxxxxx.xxx.xx/xxxx/xxxxxxxx.

Fraud Control. Without limiting the Contractor's other obligations, the Contractor must proactivelymust: proactively take all necessary measures to prevent, detect and investigate any fraud in connection with the Contract or the Contractor's Activities (including all measures directed by the Contract Administrator); and proactively take all necessary corrective action to mitigate any loss or damage to the Commonwealth resulting from fraud to the extent that the fraud was caused or contributed to by the Contractor or any of its officers, employees, subcontractors or agents and put the Commonwealth in the position it would have been in if the fraud had not occurred (including all corrective action directed by the Contract Administrator). If the Contractor knows or suspects that any fraud is occurring or has occurred it must immediately provide a detailed written notice to the Contract Administrator including details of: the known or suspected fraud; how the known or suspected fraud occurred; the proactive corrective action the Contractor will take under paragraph (a)(ii); and the proactive measures which the Contractor will take under paragraph (a)(i) to ensure that the fraud does not occur again, and such further information and assistance as the Commonwealth, or any person authorised by the Commonwealth, requires in relation to the fraud. Clause 18.15 does apply unless the Contract Particulars state that it does not apply. Without limiting the operation of clause 8.5, the Contractor must not enter into a subcontract with a subcontractor (or agree to a novation of a subcontract to a subcontractor) if the total value of all work under the subcontract is expected to exceed $4 million (inclusive of GST) unless the Contractor has obtained and holds any of the STRs referred to in the table below, as applicable to the relevant subcontractor. If the subcontractor to enter into the subcontract is: STRs required: a body corporate or natural person a satisfactory and valid STR in respect of that body corporate or person. a partner acting for and on behalf of a partnership a satisfactory and valid STR: (i) on behalf of the partnership; and (ii) in respect of each partner in the partnership that will be directly involved in the delivery of the subcontract. a trustee acting in its capacity as trustee of a trust a satisfactory and valid STR in respect of the: (i) trustee; and (ii) the trust. a joint venture participant a satisfactory and valid STR in respect of: (i) each participant in the joint venture; and (ii) if the operator of the joint venture is not a participant in the joint venture, the joint venture operator. a member of a Consolidated Group a satisfactory and valid STR in respect of: (i) the relevant member of the Consolidated Group; and (ii) the head company in the Consolidated Group. a member of a GST Group a satisfactory and valid STR in respect of the: (i) the GST Group member; and (ii) the GST Group representative. The Contractor must obtain and hold additional STRs in the circumstances set out in the table below within 10 business days of the Contractor becoming aware of the circumstances arising: If the Contractor or subcontractor is: Additional STRs required: a partner acting for and on behalf of a partnership a satisfactory and valid STR in respect of any additional partner that becomes directly involved in the delivery of the Contract or subcontract (as applicable). a trustee acting in its capacity as trustee of a trust a satisfactory and valid STR in respect of any new trustee appointed to the trust. a joint venture participant a satisfactory and valid STR in respect of: any new participant in the joint venture; and any new joint venture operator if the new operator is not already a participant in the joint venture. a member of a Consolidated Group a satisfactory and valid STR in respect of any new head company of the Consolidated Group. a member of a GST Group a satisfactory and valid STR in respect of any new representative for the GST Group. The Contractor must provide the Commonwealth with copies of the STRs referred to in paragraph (b) or paragraph (c) within 5 business days after a written request by the Commonwealth. The Contractor: warrants that at the Award Date it holds a valid and satisfactory STR; must hold a valid and satisfactory STR at all times during the Contractor's Activities and the Works and, on request by the Contract Administrator, provide to the Contract Administrator a copy of any such STR; must ensure that any subcontractor, if the total value of all work under the subcontract is expected to exceed $4 million (inclusive of GST), holds a valid and satisfactory STR at all times during the term of the relevant subcontract; and must retain a copy of any STR held by any subcontractor in accordance with subparagraph (iii) and must, on request by the Contract Administrator, provide to the Contract Administrator a copy of any such STR. For the purposes of the Contract, an STR is taken to be: satisfactory if the STR states that the entity has met the conditions, as set out in the Black Economy Procurement Connected Policy, of having a satisfactory engagement with the Australian tax system; and valid if the STR has not expired as at the date on which the STR is required to be provided or held. Without limiting clause 22, the Contractor must: be "Defence-ready" for the purposes of the DISP; at its cost obtain and thereafter maintain for the term of the Contract the level of DISP membership specified in the Contract Particulars; and comply with any other direction or requirement of the Contract Administrator in relation to the DISP. The Contractor must take reasonable steps to identify, assess and address risks of Modern Slavery practices arising in connection with the Contract, including in the operations and supply chains used in the carrying out of the Contractor's Activities. The Contractor must ensure the Contractor's key people under clause 3.6 and other personnel responsible for managing the operations and supply chains used in the performance of the Contractor's Activities have undertaken suitable training to be able to identify and report Modern Slavery. If at any time the Contractor becomes aware of Modern Slavery practices arising in connection with the Contract, including in the operations and supply chains used in the carrying out of the Contractor's Activities, the Contractor must: promptly notify the Contract Administrator of the Modern Slavery practices and provide any relevant information requested by the Contract Administrator; as soon as reasonably practicable take all reasonable action to address or remove these practices, including where relevant by addressing any practices of other entities in its supply chains; and regularly update the Contract Administrator of the steps taken by it in accordance with subparagraph (ii). For the purposes of this clause 18.17, Modern Slavery has the same meaning as it has in the Modern Slavery Act 2018 (Cth). [THIS CLAUSE 19 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] The Contractor 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 Contractor: 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 subcontractors (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 Contractor from responsibility to perform the Contract, or from liability for any defect arising from compliance with the Building Code 2016. The Contractor 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 Contractor 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 subcontractors 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 Contractor must only enter into a subcontract for any of the Commonwealth Funded Building Work that is the subject of the Contract where thewhere: the subcontractor 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 subcontractor 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 subcontractor 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 subcontractor has advised, prior to entering into a subcontract with the Contractor, whether the subcontractor 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 subcontractor has agreed to update the advice referred to in subparagraph (v) every six months for the duration of the subcontract between the Contractor and the subcontractor. The Contractor must provide the Commonwealth with any declaration of compliance referred to in paragraph (f)(iii) on request. The Contractor must as soon as practicable notify the Commonwealth and the ABCC when: a dispute arises regarding a payment claim submitted by a subcontractor; or there is a delay in payment of a payment claim submitted by a subcontractor, 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 Contractor failing to pay a subcontractor 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 subcontractor not being paid by the Contractor by the date prescribed by those laws; other than in Western Australia and Northern Territory, the Contractor: failing to issue a payment statement/notice of dispute under the relevant Security of Payment Legislation to a subcontractor 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 Contractor failing to pay the adjudicated amount to a subcontractor following a determination by an adjudicator under the relevant Security of Payment Legislation by the date prescribed in those laws; the Contractor failing to pay a subcontractor 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 Contractor 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-xxxxxxxxxxxx://xxx.xxxx.xxx.xx/building-code/contractors/construction-phase/security-payment.