Common use of Fraud Control Clause in Contracts

Fraud Control. Without limiting the Consultant's other obligations, the Consultant must proactively: take all necessary measures to prevent, detect and investigate any fraud in connection with the Panel Agreement or any Engagement (including all measures directed by the Commonwealth's Panel Manager); 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 Consultant or any of its officers, employees, consultants, 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 Commonwealth's Panel Manager). If the Consultant knows or suspects that any fraud is occurring or has occurred it must immediately provide a detailed written notice to the Commonwealth's Panel Manager including details of: the known or suspected fraud; how the known or suspected fraud occurred; the proactive corrective action the Consultant will take under paragraph (ii); and the proactive measures which the Consultant will take under paragraph (i) to ensure that the fraud does not occur again, and such further information and assistance as the Commonwealth's Panel Manager, or any person authorised by the Commonwealth, requires in relation to the fraud. ENTRY CONDITIONS Any person wishing to enter any Commonwealth establishment (Establishment) must comply with all relevant Commonwealth Requirements and other relevant local rules and regulations relating to the entry to and conditions upon remaining within the Establishment. Without limiting paragraph (a), the Consultant must comply with all relevant security induction procedures and Commonwealth access pass requirements applicable to the Establishment.

Fraud Control. Without limiting the Consultant's other obligations, the Consultant must proactivelymust: proactively take all necessary measures to prevent, detect and investigate any fraud in connection with the Panel Agreement or any Engagement (including all measures directed by the Commonwealth's Panel Manager); 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 Consultant or any of its officers, employees, consultants, 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 Commonwealth's Panel Manager). If the Consultant knows or suspects that any fraud is occurring or has occurred it must immediately provide a detailed written notice to the Commonwealth's Panel Manager including details of: the known or suspected fraud; how the known or suspected fraud occurred; the proactive corrective action the Consultant will take under paragraph (iia)(ii); and the proactive measures which the Consultant will take under paragraph (ia)(i) to ensure that the fraud does not occur again, and such further information and assistance as the Commonwealth's Panel Manager, or any person authorised by the Commonwealth, requires in relation to the fraud. ENTRY CONDITIONS Any person wishing to enter any Commonwealth establishment (Establishment) must comply with all relevant Commonwealth Requirements and other relevant local rules and regulations relating to the entry to and conditions upon remaining within the Establishment. Without limiting paragraph (a), the Consultant must comply with all relevant security induction procedures and Commonwealth access pass requirements applicable to the Establishment.

Fraud Control. Without limiting the ConsultantConsultant 's other obligations, the Consultant must proactively: take all necessary measures to prevent, detect and investigate any fraud in connection with the Panel Agreement Subcontract or any Engagement the Services (including all measures directed by the Commonwealth's Panel ManagerContractor’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 Consultant or any of its officers, employees, consultants, subcontractors, subconsultants 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 Commonwealth's Panel ManagerContractor’s Representative). If the Consultant knows or suspects that any fraud is occurring or has occurred it must immediately provide a detailed written notice to the Commonwealth's Panel Manager Contractor’s Representative including details of: the known or suspected fraud; how the known or suspected fraud occurred; the proactive corrective action the Consultant will take under paragraph (iia)(ii); and the proactive measures which the Consultant will take under paragraph (ia)(i) to ensure that the fraud does not occur again, and such further information and assistance as the Commonwealth's Panel ManagerContractor, or any person authorised by the CommonwealthContractor, requires in relation to the fraud. ENTRY CONDITIONS Any person wishing Shadow Economy Procurement Connected Policy Clause 16.14 does apply unless the Subcontract Particulars state that it does not apply. The Consultant: warrants that at the Award 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’s Representative, provide to enter the Contractor’s Representative a copy of any Commonwealth establishment such STR. The Consultant must obtain and hold additional STRs in the circumstances set out in the table below within 10 business days of the Consultant becoming aware of the circumstances arising: If the 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 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 Consultant must provide the Contractor with copies of the STRs referred to in paragraph (Establishmentc) within 5 business days after a written request by the Contractor. For the purposes of the Subcontract, an STR is taken to be: satisfactory if the STR states that the entity has met the conditions, as set out in the 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. Modern Slavery The Consultant must take reasonable steps to identify, assess and address risks of Modern Slavery practices arising in connection with the Subcontract, including in the operations and supply chains used in the performance of the Services. The Consultant must ensure the Consultant's key people under clause 4.4 and other personnel responsible for managing the operations and supply chains used in the performance of the Services have undertaken suitable training to be able to identify and report Modern Slavery. If at any time the Consultant becomes aware of Modern Slavery practices arising in connection with the Subcontract, including in the operations and supply chains used in the performance of the Services, the Consultant must: promptly notify the Contractor’s Representative of the Modern Slavery practices and provide any relevant information requested by the Contractor’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 Contractor’s Representative of the steps taken by it in accordance with subparagraph (ii). For the purposes of this clause 16.15, Modern Slavery has the same meaning as it has in the Modern Slavery Act 2018 (Cth). Defence Industry Security Program Without limiting clause 19 or any other provision of the Subcontract, 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; must comply with all relevant Commonwealth Requirements and any other relevant local rules and regulations relating direction or requirement of the Contractor's Representative in relation to the entry DISP; and acknowledges and agrees that if the Consultant has failed to and conditions upon remaining within strictly comply with this clause 16.16 (including any direction or requirement of the Establishment. Without limiting paragraph (aContractor's Representative in relation to the DISP), the Consultant must comply 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 all relevant security induction procedures any other Commonwealth project, and Commonwealth access pass requirements applicable the exercise of any of the Contractor's absolute discretions under this paragraph is not capable of being the subject of a dispute or difference for the purposes of clause 13.1 or otherwise subject to review. For the Establishmentpurposes of this clause 16.16, DISP means the Defence Industry Security Program more particularly described at xxxx://xxx.xxxxxxx.xxx.xx/xxxx/xxxxxxxx.

Fraud Control. Without limiting the ConsultantConsultant 's other obligations, the Consultant must proactively: take all necessary measures to prevent, detect and investigate any fraud in connection with the Panel Agreement Subcontract or any Engagement the Services (including all measures directed by the Commonwealth's Panel ManagerContractor’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 Consultant or any of its officers, employees, consultants, subcontractors, subconsultants 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 Commonwealth's Panel ManagerContractor’s Representative). If the Consultant knows or suspects that any fraud is occurring or has occurred it must immediately provide a detailed written notice to the Commonwealth's Panel Manager Contractor’s Representative including details of: the known or suspected fraud; how the known or suspected fraud occurred; the proactive corrective action the Consultant will take under paragraph (iia)(ii); and the proactive measures which the Consultant will take under paragraph (ia)(i) to ensure that the fraud does not occur again, and such further information and assistance as the Commonwealth's Panel ManagerContractor, or any person authorised by the CommonwealthContractor, requires in relation to the fraud. ENTRY CONDITIONS Any person wishing Black Economy Procurement Connected Policy Clause 16.14 does apply unless the Subcontract Particulars state that it does not apply. The Consultant: warrants that at the Award 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’s Representative, provide to enter the Contractor’s Representative a copy of any Commonwealth establishment such STR. The Consultant must obtain and hold additional STRs in the circumstances set out in the table below within 10 business days of the Consultant becoming aware of the circumstances arising: If the 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 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 Consultant must provide the Contractor with copies of the STRs referred to in paragraph (Establishmentc) within 5 business days after a written request by the Contractor. For the purposes of the Subcontract, 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. Modern Slavery The Consultant must take reasonable steps to identify, assess and address risks of Modern Slavery practices arising in connection with the Subcontract, including in the operations and supply chains used in the performance of the Services. The Consultant must ensure the Consultant's key people under clause 4.4 and other personnel responsible for managing the operations and supply chains used in the performance of the Services have undertaken suitable training to be able to identify and report Modern Slavery. If at any time the Consultant becomes aware of Modern Slavery practices arising in connection with the Subcontract, including in the operations and supply chains used in the performance of the Services, the Consultant must: promptly notify the Contractor’s Representative of the Modern Slavery practices and provide any relevant information requested by the Contractor’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 Contractor’s Representative of the steps taken by it in accordance with subparagraph (ii). For the purposes of this clause 16.15, Modern Slavery has the same meaning as it has in the Modern Slavery Act 2018 (Cth). Defence Industry Security Program Without limiting clause 19 or any other provision of the Subcontract, 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 amended from time to time); must comply with all relevant Commonwealth Requirements and any other relevant local rules and regulations relating direction or requirement of the Contractor's Representative in relation to the entry DISP; and acknowledges and agrees that if the Consultant has failed to and conditions upon remaining within strictly comply with this clause 16.16 (including any direction or requirement of the Establishment. Without limiting paragraph (aContractor's Representative in relation to the DISP), the Consultant must comply 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 all relevant security induction procedures any other Commonwealth project, and Commonwealth access pass requirements applicable the exercise of any of the Contractor's absolute discretions under this paragraph is not capable of being the subject of a dispute or difference for the purposes of clause 13.1 or otherwise subject to review. For the Establishmentpurposes of this clause 16.16, DISP means the Defence Industry Security Program more particularly described at xxxx://xxx.xxxxxxx.xxx.xx/xxxx/xxxxxxxx.

Fraud Control. Without limiting the ConsultantConsultant 's other obligations, the Consultant must proactively: take all necessary measures to prevent, detect and investigate any fraud in connection with the Panel Agreement Subcontract or any Engagement the Services (including all measures directed by the Commonwealth's Panel ManagerContractor’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 Consultant or any of its officers, employees, consultants, subcontractors, subconsultants 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 Commonwealth's Panel ManagerContractor’s Representative). If the Consultant knows or suspects that any fraud is occurring or has occurred it must immediately provide a detailed written notice to the Commonwealth's Panel Manager Contractor’s Representative including details of: the known or suspected fraud; how the known or suspected fraud occurred; the proactive corrective action the Consultant will take under paragraph (iia)(ii); and the proactive measures which the Consultant will take under paragraph (ia)(i) to ensure that the fraud does not occur again, and such further information and assistance as the Commonwealth's Panel ManagerContractor, or any person authorised by the CommonwealthContractor, requires in relation to the fraud. ENTRY CONDITIONS Any person wishing Black Economy Procurement Connected Policy Clause 16.14 does apply unless the Subcontract Particulars state that it does not apply. The Consultant: warrants that at the Award 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’s Representative, provide to enter the Contractor’s Representative a copy of any Commonwealth establishment such STR. The Consultant must obtain and hold additional STRs in the circumstances set out in the table below within 10 business days of the Consultant becoming aware of the circumstances arising: If the 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 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 Consultant must provide the Contractor with copies of the STRs referred to in paragraph (Establishmentc) within 5 business days after a written request by the Contractor. For the purposes of the Subcontract, 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. Modern Slavery The Consultant must comply take reasonable steps to identify, assess and address risks of Modern Slavery practices arising in connection with all relevant Commonwealth Requirements the Subcontract, including in the operations and supply chains used in the performance of the Services. The Consultant must ensure the Consultant's key people under clause 4.4 and other relevant local rules personnel responsible for managing the operations and regulations relating supply chains used in the performance of the Services have undertaken suitable training to be able to identify and report Modern Slavery. If at any time the entry to Consultant becomes aware of Modern Slavery practices arising in connection with the Subcontract, including in the operations and conditions upon remaining within supply chains used in the Establishment. Without limiting paragraph (a)performance of the Services, the Consultant must comply must: promptly notify the Contractor’s Representative of the Modern Slavery practices and provide any relevant information requested by the Contractor’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 Contractor’s Representative of the steps taken by it in accordance with all relevant security induction procedures and Commonwealth access pass requirements applicable to subparagraph (ii). For the Establishmentpurposes of this clause 16.15, Modern Slavery has the same meaning as it has in the Modern Slavery Act 2018 (Cth).

Fraud Control. Without limiting the ConsultantSubconsultant's other obligations, the Consultant Subconsultant must proactively: take all necessary measures to prevent, detect and investigate any fraud in connection with the Panel Agreement Subcontract or any Engagement the Subcontract Services (including all measures directed by the Commonwealth's Panel ManagerConsultant’s Representative); and take all necessary corrective action to mitigate any loss or damage to the Commonwealth and the Consultant resulting from fraud to the extent that the fraud was caused or contributed to by the Consultant Subconsultant or any of its officers, employees, consultants, subcontractors, subconsultants consultants or agents and put each of the Commonwealth and the Consultant (as applicable) in the position it would have been in if the fraud had not occurred (including all corrective action directed by the CommonwealthConsultant's Panel ManagerRepresentative). If the Consultant Subconsultant knows or suspects that any fraud is occurring or has occurred it must immediately provide a detailed written notice to the Commonwealth's Panel Manager Consultant’s Representative including details of: the known or suspected fraud; how the known or suspected fraud occurred; the proactive corrective action the Consultant Subconsultant will take under paragraph (iia)(ii); and the proactive measures which the Consultant Subconsultant will take under paragraph (ia)(i) to ensure that the fraud does not occur again, and such further information and assistance as the Commonwealth's Panel ManagerConsultant, or any person authorised by the CommonwealthConsultant, requires in relation to the fraud. ENTRY CONDITIONS Any person wishing Black Economy Procurement Connected Policy Clause 16.14 applies unless the Subcontract Particulars state that it does not apply. The Subconsultant: warrants that at the Award Date it holds a valid and satisfactory STR; and must hold a valid and satisfactory STR at all times during the Subcontract Services and, on request by the Consultant’s Representative, provide to enter the Consultant’s Representative a copy of any Commonwealth establishment such STR. The Subconsultant must obtain and hold additional STRs in the circumstances set out in the table below within 10 business days of the Subconsultant becoming aware of the circumstances arising: If the Subconsultant 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 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 Subconsultant must provide the Consultant with copies of the STRs referred to in paragraph (Establishmentc) within 5 business days after a written request by the Consultant. For the purposes of the Subcontract, 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. Modern Slavery The Subconsultant must take reasonable steps to identify, assess and address risks of Modern Slavery practices arising in connection with the Subcontract, including in the operations and supply chains used in the performance of the Subcontract Services. The Subconsultant must ensure the Subconsultant's key people under clause 4.4 and other personnel responsible for managing the operations and supply chains used in the performance of the Subcontract Services have undertaken suitable training to be able to identify and report Modern Slavery. If at any time the Subconsultant becomes aware of Modern Slavery practices arising in connection with the Subcontract, including in the operations and supply chains used in the performance of the Subcontract Services, the Consultant must: promptly notify the Consultant’s Representative of the Modern Slavery practices and provide any relevant information requested by the Consultant’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 Consultant’s Representative of the steps taken by it in accordance with subparagraph (ii). For the purposes of this clause 16.14, Modern Slavery has the same meaning as it has in the Modern Slavery Act 2018 (Cth). Defence Industry Security Program Without limiting clause 19 or any other provision of the Subcontract, the Subconsultant: 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 amended from time to time); must comply with all relevant Commonwealth Requirements and any other relevant local rules and regulations relating direction or requirement of the Consultant's Representative in relation to the entry DISP; and acknowledges and agrees that if the Subconsultant has failed to and conditions upon remaining within strictly comply with this clause 16.16 (including any direction or requirement of the Establishment. Without limiting paragraph (aConsultant's Representative in relation to the DISP), the Consultant must comply 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 all relevant security induction procedures any other Commonwealth project, and Commonwealth access pass requirements applicable the exercise of any of the Consultant's absolute discretions under this paragraph is not capable of being the subject of a dispute or difference for the purposes of clause 13.1 or otherwise subject to review. For the Establishmentpurposes of this clause 16.16, DISP means the Defence Industry Security Program more particularly described at xxxx://xxx.xxxxxxx.xxx.xx/xxxx/xxxxxxxx.

Fraud Control. Without limiting the Consultant's other obligations, the Consultant must proactivelymust: proactively take all necessary measures to prevent, detect and investigate any fraud in connection with the Panel Agreement or any Engagement (including all measures directed by the Commonwealth's Panel Manager); 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 Consultant or any of its officers, employees, consultants, 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 Commonwealth's Panel Manager). If the Consultant knows or suspects that any fraud is occurring or has occurred it must immediately provide a detailed written notice to the Commonwealth's Panel Manager including details of: the known or suspected fraud; how the known or suspected fraud occurred; the proactive corrective action the Consultant will take under paragraph (ii); and the proactive measures which the Consultant will take under paragraph (i) to ensure that the fraud does not occur again, and such further information and assistance as the Commonwealth's Panel Manager, or any person authorised by the Commonwealth, requires in relation to the fraud. ENTRY CONDITIONS Any person wishing to enter any Commonwealth establishment (Establishment) must comply with all relevant Commonwealth Requirements and other relevant local rules and regulations relating to the entry to and conditions upon remaining within the Establishment. Without limiting paragraph (a), the Consultant must comply with all relevant security induction procedures and Commonwealth access pass requirements applicable to the Establishment.