Common use of Fraud Control Clause in Contracts

Fraud Control. Without limiting the Subcontractor's other obligations, the Subcontractor must proactively: take all necessary measures to prevent, detect and investigate any fraud in connection with the Subcontract or the Subcontractor's Activities (including all measures directed by the Contractor’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 Subcontractor or any of its officers, employees, subsubcontractors 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 Contractor’s Representative). If the Subcontractor knows or suspects that any fraud is occurring or has occurred it must immediately provide a detailed written notice to the Contractor’s Representative including details of: the known or suspected fraud; how the known or suspected fraud occurred; the proactive corrective action the Subcontractor will take under paragraph (a)(ii); and the proactive measures which the Subcontractor will take under paragraph (a)(i) to ensure that the fraud does not occur again, and such further information and assistance as the Contractor, or any person authorised by the Contractor, requires in relation to the fraud. Clause 18.14 does apply unless the Subcontract Particulars state that it does not apply. The Subcontractor: 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 Subcontractor's Activities and the Subcontract Works and, on request by the Contractor’s Representative, provide to the Contractor’s Representative a copy of any such STR. The Subcontractor must obtain and hold additional STRs in the circumstances set out in the table below within 10 business days of the Subcontractor becoming aware of the circumstances arising: If the 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 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 Subcontractor must provide the Contractor with copies of the STRs referred to in paragraph (c) 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. The Subcontractor 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 carrying out of the Subcontractor's Activities. The Subcontractor must ensure the Subcontractor's key people under clause 3.6 and other personnel responsible for managing the operations and supply chains used in the performance of the Subcontractor's Activities have undertaken suitable training to be able to identify and report Modern Slavery. If at any time the Subcontractor becomes aware of Modern Slavery practices arising in connection with the Subcontract, including in the operations and supply chains used in the carrying out of the Subcontractor's Activities, the Subcontractor 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 18.15, Modern Slavery has the same meaning as it has in the Modern Slavery Act 2018 (Cth). Without limiting clause 21 or any other provision of the Subcontract, the Subcontractor: 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 any other direction or requirement of the Contractor's Representative in relation to the DISP; and acknowledges and agrees that if the Subcontractor has failed to strictly comply with this clause 18.16 (including any direction or requirement of the Contractor's Representative in relation to the DISP), the Contractor may (in its absolute discretion): terminate the Subcontract 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 Contractor'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. For the purposes of this clause 18.16, DISP means the Defence Industry Security Program more particularly described at xxxx://xxx.xxxxxxx.xxx.xx/xxxx/xxxxxxxx.

Fraud Control. Without limiting the SubcontractorSubconsultant's other obligations, the Subcontractor Subconsultant must proactively: take all necessary measures to prevent, detect and investigate any fraud in connection with the Subcontract or the Subcontractor's Activities Subcontract Services (including all measures directed by the ContractorConsultant’s Representative); and take all necessary corrective action to mitigate any loss or damage to the Commonwealth and the Contractor Consultant resulting from fraud to the extent that the fraud was caused or contributed to by the Subcontractor Subconsultant or any of its officers, employees, subsubcontractors consultants or agents and put each of the Commonwealth and the Contractor Consultant (as applicable) in the position it would have been in if the fraud had not occurred (including all corrective action directed by the Contractor’s Consultant's Representative). If the Subcontractor Subconsultant knows or suspects that any fraud is occurring or has occurred it must immediately provide a detailed written notice to the ContractorConsultant’s Representative including details of: the known or suspected fraud; how the known or suspected fraud occurred; the proactive corrective action the Subcontractor Subconsultant will take under paragraph (a)(ii); and the proactive measures which the Subcontractor Subconsultant will take under paragraph (a)(i) to ensure that the fraud does not occur again, and such further information and assistance as the ContractorConsultant, or any person authorised by the ContractorConsultant, requires in relation to the fraud. Clause 18.14 does apply 16.14 applies unless the Subcontract Particulars state that it does not apply. The SubcontractorSubconsultant: 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 Subcontractor's Activities and the Subcontract Works Services and, on request by the ContractorConsultant’s Representative, provide to the ContractorConsultant’s Representative a copy of any such STR. The Subcontractor Subconsultant must obtain and hold additional STRs in the circumstances set out in the table below within 10 business days of the Subcontractor Subconsultant becoming aware of the circumstances arising: If the Subcontractor 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 Subcontractor Subconsultant must provide the Contractor Consultant with copies of the STRs referred to in paragraph (c) within 5 business days after a written request by the ContractorConsultant. 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 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. The Subcontractor 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 carrying out performance of the Subcontractor's ActivitiesSubcontract Services. The Subcontractor Subconsultant must ensure the SubcontractorSubconsultant'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 Subcontractor's Activities Subcontract Services have undertaken suitable training to be able to identify and report Modern Slavery. If at any time the Subcontractor Subconsultant becomes aware of Modern Slavery practices arising in connection with the Subcontract, including in the operations and supply chains used in the carrying out performance of the Subcontractor's ActivitiesSubcontract Services, the Subcontractor Consultant must: promptly notify the ContractorConsultant’s Representative of the Modern Slavery practices and provide any relevant information requested by the ContractorConsultant’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 ContractorConsultant’s Representative of the steps taken by it in accordance with subparagraph (ii). For the purposes of this clause 18.1516.14, Modern Slavery has the same meaning as it has in the Modern Slavery Act 2018 (Cth). Without limiting clause 21 19 or any other provision of the Subcontract, the SubcontractorSubconsultant: 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 FrameworkFramework dated 31 July 2020 (as amended from time to time); must comply with any other direction or requirement of the ContractorConsultant's Representative in relation to the DISP; and acknowledges and agrees that if the Subcontractor Subconsultant has failed to strictly comply with this clause 18.16 16.16 (including any direction or requirement of the ContractorConsultant's Representative in relation to the DISP), the Contractor Consultant may (in its absolute discretion): terminate the Subcontract under clause 14.412.4; 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 ContractorConsultant'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 13.1 or otherwise subject to review. For the purposes of this clause 18.1616.16, DISP means the Defence Industry Security Program more particularly described at xxxx://xxx.xxxxxxx.xxx.xx/xxxx/xxxxxxxx.

Fraud Control. Without limiting the Subcontractor's other obligations, the Subcontractor must proactively: take all necessary measures to prevent, detect and investigate any fraud in connection with the Subcontract or the Subcontractor's Activities (including all measures directed by the Contractor’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 Subcontractor or any of its officers, employees, subsubcontractors 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 Contractor’s Representative). If the Subcontractor knows or suspects that any fraud is occurring or has occurred it must immediately provide a detailed written notice to the Contractor’s Representative including details of: the known or suspected fraud; how the known or suspected fraud occurred; the proactive corrective action the Subcontractor will take under paragraph (a)(ii); and the proactive measures which the Subcontractor will take under paragraph (a)(i) to ensure that the fraud does not occur again, and such further information and assistance as the Contractor, or any person authorised by the Contractor, requires in relation to the fraud. Clause 18.14 does apply unless the Subcontract Particulars state that it does not apply. The Subcontractor: 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 Subcontractor's Activities and the Subcontract Works and, on request by the Contractor’s Representative, provide to the Contractor’s Representative a copy of any such STR. The Subcontractor must obtain and hold additional STRs in the circumstances set out in the table below within 10 business days of the Subcontractor becoming aware of the circumstances arising: If the 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 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 Subcontractor must provide the Contractor with copies of the STRs referred to in paragraph (c) 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 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. The Subcontractor 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 carrying out of the Subcontractor's Activities. The Subcontractor must ensure the Subcontractor's key people under clause 3.6 and other personnel responsible for managing the operations and supply chains used in the performance of the Subcontractor's Activities have undertaken suitable training to be able to identify and report Modern Slavery. If at any time the Subcontractor becomes aware of Modern Slavery practices arising in connection with the Subcontract, including in the operations and supply chains used in the carrying out of the Subcontractor's Activities, the Subcontractor 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 18.15, Modern Slavery has the same meaning as it has in the Modern Slavery Act 2018 (Cth). Without limiting clause 21 or any other provision The Subcontractor declares as at the Award Date in relation to the Commonwealth Funded Building Work that is the subject of the Subcontract, that it: is not subject to an Exclusion Sanction; unless approved otherwise by the ABC Commissioner, is not excluded from performing Building Work funded by a State or Territory Government; and 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: 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 Subcontract, that it and its cost obtain subsubcontractors (who are either "Building Contractors" or "Building Industry Participants" for the purposes of the Building and thereafter maintain for Construction Industry (Improving Productivity) Act 2016 (Cth)): comply with the Building Code 2016; [;/; and] will only use products that comply with the relevant Australian standards published by, or on behalf of, Standards Australia; [NOTE: THIS CLAUSE IS NOT REQUIRED ON INDIRECTLY COMMONWEALTH FUNDED BUILDING WORK BUT MAY BE INCLUDED AS A MATTER OF BEST PRACTICE] [;/; and] Without limiting and notwithstanding subparagraph (b)(iii), the Subcontractor will ensure that remedial action is taken to rectify any behaviour on the part of it and its subsubcontractors that is non-compliant with the Building Code 2016. The Subcontractor must every six months during the term of the Subcontract advise the level of DISP membership specified Contractor whether: it has in the Subcontract Particulars preceding six months or since it last advised the Contractor, whichever is the earliest, had an adverse decision, direction or order of a court or tribunal made against it for a breach of a designated building law, work health and safety law or the Migration Act 1958 (Cth); or it has in the preceding six months or since it last advised the Contractor, whichever is the earliest: been required to pay any amount under an adjudication certificate (provided in accordance with Control 16.1 a law relating to the security of payments that are due to persons in respect of Building Work) to a Building Contractor or Building Industry Participant; or owed any unsatisfied judgement debts to a Building Contractor or Building Industry Participant. Compliance with the Building Code 2016 does not relieve the Subcontractor from responsibility to perform the Subcontract, or from liability for any defect arising from compliance with the Building Code 2016. The Subcontractor must notify the ABCC of any breach or suspected breach of the Defence Security Principles Framework; must 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. The Subcontractor 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 subsubcontractors comply with any other direction or requirement requests made by the ABCC and the ABC Commissioner within those powers and functions, including requests for entry under section 72 of the Contractor's Representative in relation 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 responding to requests for information concerning matters relating to the DISP; and acknowledges and agrees that if the Subcontractor has failed to strictly comply with this clause 18.16 (including any direction or requirement Building Code 2016 under subsection 7(c) of the Contractor's Representative in relation to the DISP), the Contractor may (in its absolute discretion): terminate the Subcontract under clause 14.4; or take such failure Building Code 2016. The Subcontractor must only enter 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 a subsubcontract for any of the Contractor's absolute discretions under this paragraph Commonwealth Funded Building Work that is not capable of being the subject of the Subcontract where the: subsubcontractor 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; and subsubcontract contains provisions in the form set out in the Proforma Building Code 2016 Subcontract Provisions. The Subcontractor must ensure that it and its subsubcontractors comply with the clauses contained in the subsubcontract referred to in subparagraph (h)(ii). The Subcontractor must as soon as practicable notify the ABCC when: a dispute arises regarding a payment claim submitted by a subsubcontractor; or difference for there is a delay in payment of a payment claim submitted by a subsubcontractor, after the purposes date on which payment of clause 15.1 or otherwise subject to reviewthat payment claim falls due. For the purposes of this clause 18.16subparagraph (j) a disputed or delayed progress payment claim means a dispute or claim about: the Subcontractor failing to pay a subsubcontractor all moneys due and payable in accordance with the terms of the relevant subsubcontract; an amount specified in a payment statement/notice of dispute issued under the relevant Security of Payment Legislation resulting in a subsubcontractor not being paid by the Subcontractor by the date prescribed by those laws; other than in Western Australia and Northern Territory, DISP means the Defence Industry Subcontractor: failing to issue a payment statement/notice of dispute under the relevant Security Program more particularly described of Payment Legislation to a subsubcontractor 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 Subcontractor failing to pay the adjudicated amount to a subsubcontractor following a determination by an adjudicator under the relevant Security of Payment Legislation by the date prescribed in those laws; the Subcontractor failing to pay a subsubcontractor 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 ABCC to ensure compliance with the Building Code 2016. For the purposes of subparagraph (j) the Subcontractor must notify the ABCC in the form of the Security of Payment Reporting form for Respondents and Mandatory Reporting available from the ABCC at xxxx://xxx.xxxxxxx.xxx.xx/xxxx/xxxxxxxxxxxxx://xxx.xxxx.xxx.xx/xxxxxxxx-xxxx/xxxxxxxxxxx/xxxxxxxxxxxx-xxxxx/xxxxxxxx-xxxxxxx.

Fraud Control. Without limiting the Subcontractor's other obligations, the Subcontractor must proactively: take all necessary measures to prevent, detect and investigate any fraud in connection with the Subcontract or the Subcontractor's Activities (including all measures directed by the Contractor’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 Subcontractor or any of its officers, employees, subsubcontractors 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 Contractor’s Representative). If the Subcontractor knows or suspects that any fraud is occurring or has occurred it must immediately provide a detailed written notice to the Contractor’s Representative including details of: the known or suspected fraud; how the known or suspected fraud occurred; the proactive corrective action the Subcontractor will take under paragraph (a)(ii); and the proactive measures which the Subcontractor will take under paragraph (a)(i) to ensure that the fraud does not occur again, and such further information and assistance as the Contractor, or any person authorised by the Contractor, requires in relation to the fraud. Clause 18.14 does apply unless the Subcontract Particulars state that it does not apply. The Subcontractor: 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 Subcontractor's Activities and the Subcontract Works and, on request by the Contractor’s Representative, provide to the Contractor’s Representative a copy of any such STR. The Subcontractor must obtain and hold additional STRs in the circumstances set out in the table below within 10 business days of the Subcontractor becoming aware of the circumstances arising: If the 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 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 Subcontractor must provide the Contractor with copies of the STRs referred to in paragraph (c) 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 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. The Subcontractor 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 carrying out of the Subcontractor's Activities. The Subcontractor must ensure the Subcontractor's key people under clause 3.6 and other personnel responsible for managing the operations and supply chains used in the performance of the Subcontractor's Activities have undertaken suitable training to be able to identify and report Modern Slavery. If at any time the Subcontractor becomes aware of Modern Slavery practices arising in connection with the Subcontract, including in the operations and supply chains used in the carrying out of the Subcontractor's Activities, the Subcontractor 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 18.15, Modern Slavery has the same meaning as it has in the Modern Slavery Act 2018 (Cth). Without limiting clause 21 or any other provision of the Subcontract, the Subcontractor: 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 any other direction or requirement of the Contractor's Representative in relation to the DISP; and acknowledges and agrees that if the Subcontractor has failed to strictly comply with this clause 18.16 (including any direction or requirement of the Contractor's Representative in relation to the DISP), the Contractor may (in its absolute discretion): terminate the Subcontract 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 Contractor'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. For the purposes of this clause 18.16, DISP means the Defence Industry Security Program more particularly described at xxxx://xxx.xxxxxxx.xxx.xx/xxxx/xxxxxxxx.

Fraud Control. Without limiting the SubcontractorConsultant's other obligations, the Subcontractor must proactivelyConsultant must: proactively take all necessary measures to prevent, detect and investigate any fraud in connection with the Subcontract Contract or the Subcontractor's Activities Services (including all measures directed by the Contractor’s RepresentativeContract Administrator); and proactively take all necessary corrective action to mitigate any loss or damage to the Commonwealth and the Contractor Principal resulting from fraud to the extent that the fraud was caused or contributed to by the Subcontractor Consultant or any of its officers, employees, subsubcontractors consultants, subcontractors or agents and put each of the Commonwealth and the Contractor (as applicable) Principal in the position it would have been in if the fraud had not occurred (including all corrective action directed by the Contractor’s RepresentativeContract Administrator). If the Subcontractor Consultant knows or suspects that any fraud is occurring or has occurred it must immediately provide a detailed written notice to the Contractor’s Representative Contract Administrator including details of: the known or suspected fraud; how the known or suspected fraud occurred; the proactive corrective action the Subcontractor Consultant will take under paragraph (a)(ii); and the proactive measures which the Subcontractor Consultant will take under paragraph (a)(i) to ensure that the fraud does not occur again, and such further information and assistance as the ContractorPrincipal, or any person authorised by the ContractorPrincipal, requires in relation to the fraud. Clause 18.14 12.9 [does apply unless the Subcontract Particulars state that it apply/does not applyapply - THIS CLAUSE IS TO BE USED IN CIRCUMSTANCES WHERE THE CONSULTANT AND ITS OFFICERS, EMPLOYEES, AGENTS, SUBCONSULTANTS OR VOLUNTEERS WILL OR MAY INTERACT WITH CHILDREN DURING THE TERM OF THE CONTRACT IN AN INCIDENTAL WAY. The SubcontractorFOR EXAMPLE, IF THE CONSULTANT IS CARRYING OUT ACTIVITIES THAT MAY BE PROVIDED ON A SCHOOL'S PREMISES EVEN WHERE INTERACTING WITH CHILDREN IS NOT A PART OF THE CONTRACTED ACTIVITIES.] If any part of the activities carried out by the Consultant under the Contract (including the Services) involves the Consultant employing or engaging a person (whether as an officer, employee, agent, subconsultant, or volunteer) that is required by State or Territory law to have a working with children check to undertake such activities or any part of such activities, the Consultant agrees: warrants that without limiting its other obligations under the Contract, to comply with all State, Territory or Commonwealth law relating to the employment or engagement of people who work or volunteer with children in relation to such activities, including mandatory reporting and working with children checks however described; and if requested, provide the Principal at the Award Date it holds Consultant’s cost, a valid and satisfactory STR; and must hold a valid and satisfactory STR at all times during the Subcontractor's Activities and the Subcontract Works andstatement of compliance with this clause, on request in such form as may be specified by the Contractor’s RepresentativePrincipal. When child safety obligations may be relevant to a subcontract made in connection with the Contract, provide to the Contractor’s Representative a copy of Consultant must ensure that any such STR. The Subcontractor must obtain and hold additional STRs in subcontract entered into by the circumstances set out in the table below within 10 business days of the Subcontractor becoming aware of the circumstances arising: If the 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 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 Consultant for the GST Grouppurposes of fulfilling the Consultant’s obligations under the Contract imposes on the subconsultant the same obligations regarding child safety that the Consultant has under the Contract. The Subcontractor Each subcontract must provide also require the Contractor with copies of the STRs referred same obligations (where relevant) to in paragraph (c) within 5 business days after a written request be included by the Contractorsubconsultant in any secondary subcontracts. For Without limiting clause 12.6, the Consultant must: be "Defence-ready" 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 systemDISP; and valid if the STR has not expired as at the date on which the STR is required to be provided or held. The Subcontractor 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 carrying out of the Subcontractor's Activities. The Subcontractor must ensure the Subcontractor's key people under clause 3.6 and other personnel responsible for managing the operations and supply chains used in the performance of the Subcontractor's Activities have undertaken suitable training to be able to identify and report Modern Slavery. If at any time the Subcontractor becomes aware of Modern Slavery practices arising in connection with the Subcontract, including in the operations and supply chains used in the carrying out of the Subcontractor's Activities, the Subcontractor 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 18.15, Modern Slavery has the same meaning as it has in the Modern Slavery Act 2018 (Cth). Without limiting clause 21 or any other provision of the Subcontract, the Subcontractor: must at its cost obtain and thereafter maintain for the term of the Subcontract Contract the level of DISP membership specified in the Subcontract Particulars in accordance with Control 16.1 of the Defence Security Principles FrameworkContract Particulars; must and comply with any other direction or requirement of the Contractor's Representative Contract Administrator in relation to the DISP; and acknowledges and agrees that if the Subcontractor has failed to strictly comply with this clause 18.16 (including any direction or requirement of the Contractor's Representative in relation to the DISP), the Contractor may (in its absolute discretion): terminate the Subcontract 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 Contractor'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. For the purposes of this clause 18.16, DISP means the Defence Industry Security Program more particularly described at xxxx://xxx.xxxxxxx.xxx.xx/xxxx/xxxxxxxx.