GIPA Act the Hirer acknowledges that details of the Agreement may be required under the Government Information (Public Access) Act 2009 (NSW) and the Hirer agrees to provide any necessary information where required.
GIPA Act. (a) The Funding Body may disclose certain information in relation to the Funding Agreement in accordance with its obligations under the Government Information (Public Access) Act 2009 (NSW) (GIPA Act). This includes making certain information about the Funding Agreement publicly available in any register of contracts which the Funding Body is required to maintain under the GIPA Act.
(b) Without limiting any other provision, to allow the Funding Body to comply with the GIPA Act, the AFP must, within 7 Business Days of receiving a written request, provide the Funding Body with immediate access to the following information contained in records held by the AFP:
(i) information that relates directly to the performance of the Program; and
(ii) information received by the AFP from the Funding Body to enable the AFP to provide the Program.
(c) Information" does not include:
(i) information that discloses or would tend to disclose the AFP’s financing arrangements, financial modelling, cost structure or profit margins;
(ii) information that the AFP is prohibited from disclosing to the Funding Body by provision made by or under any Act of any State or Territory, or of the Commonwealth; or
(iii) information that, if disclosed to the Funding Body, could reasonably be expected to place the AFP at a substantial commercial disadvantage in relation to the Funding Body whether at present or in the future.
(d) The AFP must provide copies of any of the information requested by the Funding Body at the AFP’s own cost.
GIPA Act. (a) The Operator acknowledges that TfNSW may disclose certain information about this Contract (including a copy of this Contract) in accordance with TfNSW’s obligations under the GIPA Act, including making certain information about this Contract publicly available in any disclosure log of contracts TfNSW is required to maintain.
(b) The Operator must provide TfNSW with immediate access to the following information contained in records held by the Operator:
(i) information that relates directly to the performance of the Operator Activities provided to TfNSW by the Operator pursuant to this Contract;
(ii) information collected by the Operator from members of the public to whom it provides, or offers to provide, the Operator Activities pursuant to this Contract; and
(iii) information received by the Operator from TfNSW to enable it to provide the Operator Activities pursuant to this Contract.
(c) For the purposes of clause 21.5(b), information does not include:
(i) information that discloses or would tend to disclose the Operator's financing arrangements, financial modelling, cost structure or profit margin;
(ii) information that the Operator is prohibited from disclosing to TfNSW by provision made by or under any Law; or
(iii) information that, if disclosed to TfNSW, could reasonably be expected to place the Operator at a substantial commercial disadvantage in relation to TfNSW, whether at present or in the future.
(d) The Operator must provide copies of any of the information in clause 21.5(a), as requested by TfNSW, at the Operator's own expense.
(e) For the purposes of this clause, "record" has the same meaning as the term "record" in the GIPA Act.
GIPA Act. (a) Without limiting clause 21.17, the Contractor acknowledges that the Principal may disclose the Contract (and information concerning the terms of the Contract) under or in accordance with any one or more of the following:
(i) the Government Information (Public Access) Act 2009 (NSW) (GIPA Act); and
(ii) to satisfy the disclosure requirements of the New South Wales Auditor General or to satisfy the requirements of Parliamentary accountability, and the Contractor must provide to the Principal any other information which the Principal reasonably requires to comply with its obligations under this paragraph (a).
(b) If the Principal is required to include a copy of the Contract in the government contracts register pursuant to the GIPA Act:
(i) the Principal will not disclose Schedule 2 (except for the Contract Price) but may disclose the remainder of the Contract;
(ii) if the Contractor considers that the Principal should not disclose any other provisions of the Contract on the basis that their disclosure would fall within section 32(1) of the GIPA Act, the Contractor must within 10 Business Days of the Award Date give the Principal written notice of:
A. any provisions of the Contract it believes should not be disclosed for the reasons set out in section 32(1) of the GIPA Act; and
B. details of:
1) the reasons why the provisions should not been disclosed;
2) whether the provisions can be disclosed at a later date and, if so, when it is likely that they can be disclosed; and
3) a general description of the types of provisions that the Contractor proposes should not be disclosed; and
GIPA Act. (b) You acknowledge that We may disclose certain information in relation to the Agreement in accordance with Our obligations under the Government Information (Public Access) Act 2009 (NSW) (GIPA Act), including making certain information about the Agreement publicly available in any register of contracts We are required to maintain under the GIPA Act. You agree to, within 7 Business Days of receiving a written request from Us, provide Us with immediate access to the following information contained in records held by You:
(i) information that relates directly to the performance of the Services by You;
(ii) information collected by You from members of the public to whom You provide, or offer to provide, the Services; and
(iii) information received by You from Us to enable You to provide the Services.
(c) For the purpose of clause 19.3(b), "information" does not include:
(i) information that discloses or would tend to disclose Your financing arrangements, financing modelling, cost structure or profit margins;
(ii) information that You are prohibited from disclosing to Us by provision made by or under any Act of any State or Territory, or of the Commonwealth; or
(iii) information that, if disclosed to Us, could reasonably be expected to place You at a substantial commercial disadvantage in relation to Us, whether at present or in the future.
(d) You agree to provide copies of any of the information requested by Us in accordance with clause 19.3(b) at Your own cost.
GIPA Act.
(a) The Seller acknowledges that the Buyer may disclose this agreement (and information concerning the terms of this agreement) under or in accordance with any one or more of the following:
(1) the GIPA Act; and
(2) to satisfy the disclosure requirements of the New South Wales Auditor General or to satisfy the requirements of Parliamentary accountability, and the Seller must provide to the Buyer any other information which the Buyer reasonably requires to comply with its obligations under clause 14.3(a)(1).
(b) If the Buyer is required to include a copy of this agreement in the government contracts register pursuant to the GIPA Act:
(1) the Buyer will use reasonable endeavours to not disclose the specific charges and volumes under this agreement, but may disclose the total estimated value of the transaction along with the remainder of this agreement; and
(2) if the Seller considers that the Buyer should not disclose any other provisions of this agreement on the basis that their disclosure would fall within section 32(1) of the GIPA Act, the Seller must within 10 Business Days of the Award Date give the Buyer written notice of:
(A) any provisions of this agreement it believes should not be disclosed for the reasons set out in section 32(1) of the GIPA Act; and
(B) details of:
i. the reasons why the provisions should not be disclosed;
ii. whether the provisions can be disclosed at a later date and, if so, when it is likely that they can be disclosed; and
iii. a general description of the types of provisions that the Seller proposes should not be disclosed.
(c) In complying with its disclosure obligations under the GIPA Act, the Buyer will consider, but will not be bound by, any proposal made by the Seller under clause 14.3(b)(2).
(d) For the avoidance of doubt, nothing in this agreement will waive any rights that the Seller may have in relation to information provided under or subject to GIPA Act.
