Common use of Security of Payment Legislation Clause in Contracts

Security of Payment Legislation. The Consultant agrees with the Contractor that: a payment claim submitted to the Contractor's Representative under clause 11.2 which also purports to be (or is at law) a payment claim under the relevant Security of Payment Legislation is received by the Contractor's Representative as agent for the Contractor; the Contractor's Representative will give payment statements and carry out all other functions of the Contractor under the relevant Security of Payment Legislation as the agent of the Contractor (without affecting the Contractor's right to carry out those functions itself); to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, the "reference dates" are those of the dates prescribed in clauses 11.2(a) and 11.2(b) on which the Consultant has satisfied the requirements of clause 11.3; and a reference to a "payment statement" is also a reference to a "payment schedule" for the purposes of the relevant Security of Payment Legislation. Failure by the Contractor's Representative to state in a payment statement issued under the relevant Security of Payment Legislation or otherwise an amount which the Contractor is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Contractor to the Consultant will not prejudice: the Contractor's Representative's ability or power to state in a subsequent payment statement an amount which the Contractor is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Contractor to the Consultant; or the Contractor's right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under the Subcontract or otherwise at law or in equity. The Consultant agrees that the amount stated in the payment statement as then payable by the Contractor in a payment statement under clause 11.4 is, subject to clause 11.12, to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, the amount of the "progress payment" calculated in accordance with the terms of the Subcontract and which the Consultant is entitled to be paid in respect of the Subcontract. The Consultant irrevocably chooses the person specified in the Subcontract Particulars as, to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, and to the extent that the relevant Services are to be carried out in: the Northern Territory, the appointed adjudicator or, where there is no appointed adjudicator, the prescribed appointer; Western Australia, the appointed adjudicator or the adjudicator (as the case may be) or, where there is no appointed adjudicator or adjudicator, the prescribed appointor or authorised nominating authority (as the case may be); or any other State or Territory (other than Queensland) in which Security of Payment Legislation applies, the authorised nominating authority. The Consultant must not at any time, without the written consent of the Contractor, divulge or suffer or permit its servants or agents to divulge to any person any communication, submission or statement made or evidence or information used by or relied upon by the Contractor or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation (in this paragraph, the Information). For the avoidance of doubt: to the extent permitted by law, the Consultant's obligations in respect of the Information apply to any subsequent proceedings before a court, arbitrator, expert or tribunal; notwithstanding the Consultant's obligations in respect of the Information, the Contractor has absolute discretion to divulge or permit its servants, consultants or agents to divulge to any person the Information; the Contractor may divulge or permit its servants, consultants or agents to divulge to any person any communication, submission or statement made or evidence or information used by or relied upon by the Consultant or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation; and any Information which the Contractor provides or relies upon in respect of an adjudication application made under the relevant Security of Payment Legislation is made without prejudice to the Contractor's right to vary, modify, supplement or withdraw the Information in any subsequent proceedings before a court, arbitrator, expert or tribunal.

Security of Payment Legislation. The Consultant Contractor agrees with the Contractor Commonwealth that: a payment claim submitted to the Contractor's Representative Contract Administrator under clause 11.2 12.2 which also purports to be (or is at law) a payment claim under the relevant Security of Payment Legislation is received by the Contractor's Representative Contract Administrator as agent for the ContractorCommonwealth; the Contractor's Representative Contract Administrator will give payment statements and carry out all other functions of the Contractor Commonwealth under the relevant Security of Payment Legislation as the agent of the Contractor Commonwealth (without affecting the ContractorCommonwealth's right to carry out those functions itself); to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, the "reference dates" are those of the dates prescribed in clauses 11.2(a12.2(a) and 11.2(b12.2(b) on which the Consultant Contractor has satisfied the requirements of clause 11.312.3; and a reference to a "payment statement" is also a reference to a "payment schedule" for the purposes of the relevant Security of Payment Legislation. Failure by the Contractor's Representative Contract Administrator to state in a payment statement issued under the relevant Security of Payment Legislation or otherwise an amount which the Contractor Commonwealth is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Contractor Commonwealth to the Consultant Contractor will not prejudice: the Contractor's RepresentativeContract Administrator's ability or power to state in a subsequent payment statement an amount which the Contractor Commonwealth is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Contractor Commonwealth to the ConsultantContractor; or the ContractorCommonwealth's right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under the Subcontract Contract or otherwise at law or in equity. The Consultant Contractor agrees that the amount stated in the payment statement as then payable by the Commonwealth to the Contractor in a payment statement under clause 11.4 12.4(e) is, subject to clause 11.1212.16, to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, the amount of the "progress payment" calculated in accordance with the terms of the Subcontract Contract and which the Consultant Contractor is entitled to be paid in respect of the SubcontractContract. The Consultant Contractor irrevocably chooses the person specified in the Subcontract Contract Particulars as, to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, Legislation and to the extent that the relevant Services Contractor's Activities are to be carried out in: the Northern Territory, the appointed adjudicator or, where there is no appointed adjudicator, the prescribed appointer; Western Australia, the appointed adjudicator or the adjudicator (as the case may be) or, where there is no appointed adjudicator or adjudicator, the prescribed appointor or authorised nominating authority (as the case may be); or any other State or Territory (other than Queensland) in which Security of Payment Legislation applies, the authorised nominating authority. The Consultant Contractor must not at any time, without the written consent of the ContractorCommonwealth, divulge or suffer or permit its servants servants, subcontractors or agents to divulge to any person any communication, submission or statement made or evidence or information used by or relied upon by the Commonwealth or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation (in this paragraph, the Information). For the avoidance of doubt: to the extent permitted by law, the Contractor's obligations in respect of the Information apply to any subsequent proceedings before a court, arbitrator, expert or tribunal; notwithstanding the Contractor's obligations in respect of the Information, the Commonwealth has absolute discretion to divulge or permit its servants, subcontractors or agents to divulge to any person the Information; the Commonwealth may divulge or permit its servants, subcontractors or agents to divulge to any person any communication, submission or statement made or evidence or information used by or relied upon by the Contractor or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation (in this paragraph, the Information). For the avoidance of doubt: to the extent permitted by law, the Consultant's obligations in respect of the Information apply to any subsequent proceedings before a court, arbitrator, expert or tribunal; notwithstanding the Consultant's obligations in respect of the Information, the Contractor has absolute discretion to divulge or permit its servants, consultants or agents to divulge to any person the Information; the Contractor may divulge or permit its servants, consultants or agents to divulge to any person any communication, submission or statement made or evidence or information used by or relied upon by the Consultant or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation; and any Information which the Contractor Commonwealth provides or relies upon in respect of an adjudication application made under the relevant Security of Payment Legislation is made without prejudice to the ContractorCommonwealth's right to vary, modify, supplement or withdraw the Information in any subsequent proceedings before a court, arbitrator, expert or tribunal.

Security of Payment Legislation. The Consultant Subcontractor agrees with the Contractor that: a payment claim submitted to the Contractor's ’s Representative under clause 11.2 12.2 which also purports to be (or is at law) a payment claim under the relevant Security of Payment Legislation is received by the Contractor's ’s Representative as agent for the Contractor; the Contractor's ’s Representative will give payment statements and carry out all other functions of the Contractor under the relevant Security of Payment Legislation as the agent of the Contractor (without affecting the Contractor's right to carry out those functions itself); to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, the "“reference dates" ” are those of the dates prescribed in clauses 11.2(a12.2(a) and 11.2(b12.2(b) on which the Consultant Subcontractor has satisfied the requirements of clause 11.312.3; and a reference to a "“payment statement" ” is also a reference to a "“payment schedule" ” for the purposes of the relevant Security of Payment Legislation. Failure by the Contractor's ’s Representative to state in a payment statement issued under the relevant Security of Payment Legislation or otherwise an amount which the Contractor is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Contractor to the Consultant Subcontractor will not prejudice: the Contractor's ’s Representative's ’s ability or power to state in a subsequent payment statement an amount which the Contractor is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Contractor to the ConsultantSubcontractor; or the Contractor's ’s right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under the Subcontract or otherwise at law or in equity. The Consultant Subcontractor agrees that the amount stated in the payment statement as then payable by the Contractor in a payment statement to the Subcontractor under clause 11.4 12.4(e) is, subject to clause 11.1212.16, to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, the amount of the "“progress payment" ” calculated in accordance with the terms of the Subcontract and which the Consultant Subcontractor is entitled to be paid in respect of the Subcontract. The Consultant Subcontractor irrevocably chooses the person specified in the Subcontract Particulars as, to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, Legislation and to the extent that the relevant Services Subcontractor’s Activities are to be carried out in: the Northern Territory, the appointed adjudicator or, where there is no appointed adjudicator, the prescribed appointer; Western Australia, the appointed adjudicator or the adjudicator (as the case may be) or, where there is no appointed adjudicator or adjudicator, the prescribed appointor or authorised nominating authority (as the case may be); or any other State or Territory (other than Queensland) in which Security of Payment Legislation applies, the authorised nominating authority. The Consultant Subcontractor must not at any time, without the written consent of the Contractor, divulge or suffer or permit its servants servants, subsubcontractors or agents to divulge to any person any communication, submission or statement made or evidence or information used by or relied upon by the Contractor or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation (in this paragraph, the Information). For the avoidance of doubt: to the extent permitted by law, the Consultant's Subcontractor’s obligations in respect of the Information apply to any subsequent proceedings before a court, arbitrator, expert or tribunal; notwithstanding the Consultant's Subcontractor’s obligations in respect of the Information, the Contractor has absolute discretion to divulge or permit its servants, consultants subsubcontractors or agents to divulge to any person the Information; the Contractor may divulge or permit its servants, consultants subcontractors or agents to divulge to any person any communication, submission or statement made or evidence or information used by or relied upon by the Consultant Subcontractor or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation; and any Information which the Contractor provides or relies upon in respect of an adjudication application made under the relevant Security of Payment Legislation is made without prejudice to the Contractor's ’s right to vary, modify, supplement or withdraw the Information in any subsequent proceedings before a court, arbitrator, expert or tribunal.

Security of Payment Legislation. The Consultant Subcontractor agrees with the Contractor that: a payment claim submitted to the Contractor's Representative under clause 11.2 which also purports to be (or is at law) a payment claim under the relevant Security of Payment Legislation is received by the Contractor's Representative as agent for the Contractor; the Contractor's Representative will give payment statements and carry out all other functions of the Contractor under the relevant Security of Payment Legislation as the agent of the Contractor (without affecting the Contractor's right to carry out those functions itself); to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, the "reference dates" are those of the dates prescribed in clauses 11.2(a) and 11.2(b) on which the Consultant Subcontractor has satisfied the requirements of clause 11.3; and a reference to a "payment statement" is also a reference to a "payment schedule" for the purposes of the relevant Security of Payment Legislation. Failure by the Contractor's Representative to state in a payment statement issued under the relevant Security of Payment Legislation or otherwise an amount which the Contractor is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Contractor to the Consultant Subcontractor will not prejudice: the Contractor's Representative's ability or power to state in a subsequent payment statement an amount which the Contractor is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Contractor to the ConsultantSubcontractor; or the Contractor's right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under the Subcontract or otherwise at law or in equity. The Consultant Subcontractor agrees that the amount stated in the payment statement as then payable by the Contractor in a payment statement under clause 11.4 11.4(e) is, subject to clause 11.1211.14, to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, the amount of the "progress payment" calculated in accordance with the terms of the Subcontract and which the Consultant Subcontractor is entitled to be paid in respect of the Subcontract. The Consultant Subcontractor irrevocably chooses the person specified in the Subcontract Particulars as, to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, Legislation and to the extent that the relevant Services Subcontractor's Activities are to be carried out in: the Northern Territory, the appointed adjudicator or, where there is no appointed adjudicator, the prescribed appointer; Western Australia, the appointed adjudicator or the adjudicator (as the case may be) or, where there is no appointed adjudicator or adjudicator, the prescribed appointor or authorised nominating authority (as the case may be); or any other State or Territory (other than Queensland) in which Security of Payment Legislation applies, the authorised nominating authority. The Consultant Subcontractor must not at any time, without the written consent of the Contractor, divulge or suffer or permit its servants servants, subsubcontractors or agents to divulge to any person any communication, submission or statement made or evidence or information used by or relied upon by the Contractor or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation (in this paragraph, the Information). For the avoidance of doubt: to the extent permitted by law, the ConsultantSubcontractor's obligations in respect of the Information apply to any subsequent proceedings before a court, arbitrator, expert or tribunal; notwithstanding the ConsultantSubcontractor's obligations in respect of the Information, the Contractor has absolute discretion to divulge or permit its servants, consultants subcontractors or agents to divulge to any person the Information; the Contractor may divulge or permit its servants, consultants subcontractors or agents to divulge to any person any communication, submission or statement made or evidence or information used by or relied upon by the Consultant Subcontractor or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation; and any Information which the Contractor provides or relies upon in respect of an adjudication application made under the relevant Security of Payment Legislation is made without prejudice to the Contractor's right to vary, modify, supplement or withdraw the Information in any subsequent proceedings before a court, arbitrator, expert or tribunal.

Security of Payment Legislation. The Consultant Subcontractor agrees with the Contractor that: a payment claim submitted to the Contractor's ’s Representative under clause 11.2 12.2 which also purports to be (or is at law) a payment claim under the relevant Security of Payment Legislation is received by the Contractor's ’s Representative as agent for the Contractor; unless otherwise notified to the Subcontractor by the Contractor in writing, the Contractor's ’s Representative will give payment statements and carry out all other functions of the Contractor under the relevant Security of Payment Legislation as the agent of the Contractor (without affecting the Contractor's right to carry out those functions itself); to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, the "“reference dates" ” are those of the dates prescribed in clauses 11.2(a12.2(a) and 11.2(b12.2(b) on which the Consultant Subcontractor has satisfied the requirements of clause 11.312.3; and a reference to a "“payment statement" ” is also a reference to a "“payment schedule" ” for the purposes of the relevant Security of Payment Legislation. Failure by the Contractor's ’s Representative to state in a payment statement issued under the relevant Security of Payment Legislation or otherwise an amount which the Contractor is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Contractor to the Consultant Subcontractor will not prejudice: the Contractor's ’s Representative's ’s ability or power to state in a subsequent payment statement an amount which the Contractor is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Contractor to the ConsultantSubcontractor; or the Contractor's ’s right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under the Subcontract or otherwise at law or in equity. The Consultant Subcontractor agrees that the amount stated in the payment statement as then payable by the Contractor in a payment statement to the Subcontractor under clause 11.4 12.4(e) is, subject to clause 11.1212.16, to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, the amount of the "“progress payment" ” calculated in accordance with the terms of the Subcontract and which the Consultant Subcontractor is entitled to be paid in respect of the Subcontract. The Consultant Subcontractor irrevocably chooses the person specified in the Subcontract Particulars as, to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, Legislation and to the extent that the relevant Services Subcontractor’s Activities are to be carried out in: the Northern TerritoryTerritory or Western Australia, the appointed adjudicator or, where there is no appointed adjudicator, the prescribed appointer; Western Australia, the appointed adjudicator or the adjudicator (as the case may be) or, where there is no appointed adjudicator or adjudicator, the prescribed appointor or authorised nominating authority (as the case may be); or any other State or Territory (other than Queensland) in which Security of Payment Legislation applies, the authorised nominating authority. The Consultant Subcontractor must not at any time, without the written consent of the Contractor, divulge or suffer or permit its servants servants, subsubcontractors or agents to divulge to any person any communication, submission or statement made or evidence or information used by or relied upon by the Contractor or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation (in this paragraph, the Information). For the avoidance of doubt: to the extent permitted by law, the Consultant's Subcontractor’s obligations in respect of the Information apply to any subsequent proceedings before a court, arbitrator, expert or tribunal; notwithstanding the Consultant's Subcontractor’s obligations in respect of the Information, the Contractor has absolute discretion to divulge or permit its servants, consultants subsubcontractors or agents to divulge to any person the Information; the Contractor may divulge or permit its servants, consultants subcontractors or agents to divulge to any person any communication, submission or statement made or evidence or information used by or relied upon by the Consultant Subcontractor or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation; and any Information which the Contractor provides or relies upon in respect of an adjudication application made under the relevant Security of Payment Legislation is made without prejudice to the Contractor's ’s right to vary, modify, supplement or withdraw the Information in any subsequent proceedings before a court, arbitrator, expert or tribunal.

Security of Payment Legislation. The Consultant Subcontractor agrees with the Contractor that: a payment claim submitted to the Contractor's Representative under clause 11.2 which also purports to be (or is at law) a payment claim under the relevant Security of Payment Legislation is received by the Contractor's Representative as agent for the Contractor; unless otherwise notified to the Subcontractor by the Contractor in writing, the Contractor's Representative will give payment statements and carry out all other functions of the Contractor under the relevant Security of Payment Legislation as the agent of the Contractor (without affecting the Contractor's right to carry out those functions itself); to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, the "reference dates" are those of the dates prescribed in clauses 11.2(a) and 11.2(b) on which the Consultant Subcontractor has satisfied the requirements of clause 11.311.3(a); and a reference to a "payment statement" is also a reference to a "payment schedule" for the purposes of the relevant Security of Payment Legislation. Failure by the Contractor's Representative to state in a payment statement issued under the relevant Security of Payment Legislation or otherwise an amount which the Contractor is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Contractor to the Consultant Subcontractor will not prejudice: the Contractor's Representative's ability or power to state in a subsequent payment statement an amount which the Contractor is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Contractor to the ConsultantSubcontractor; or the Contractor's right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under the Subcontract or otherwise at law or in equity. The Consultant Subcontractor agrees that the amount stated in the payment statement as then payable by the Contractor in a payment statement under clause 11.4 11.4(e) is, subject to clause 11.1211.14, to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, the amount of the "progress payment" calculated in accordance with the terms of the Subcontract and which the Consultant Subcontractor is entitled to be paid in respect of the Subcontract. The Consultant Subcontractor irrevocably chooses the person specified in the Subcontract Particulars as, to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, Legislation and to the extent that the relevant Services Subcontractor's Activities are to be carried out in: the Northern TerritoryTerritory or Western Australia, the appointed adjudicator or, where there is no appointed adjudicator, the prescribed appointer; Western Australia, the appointed adjudicator or the adjudicator (as the case may be) or, where there is no appointed adjudicator or adjudicator, the prescribed appointor or authorised nominating authority (as the case may be); or any other State or Territory (other than Queensland) in which Security of Payment Legislation applies, the authorised nominating authorityauthority or an adjudication registry. The Consultant Subcontractor must not at any time, without the written consent of the Contractor, divulge or suffer or permit its servants servants, subsubcontractors or agents to divulge to any person any communication, submission or statement made or evidence or information used by or relied upon by the Contractor or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation (in this paragraph, the Information). For the avoidance of doubt: to the extent permitted by law, the ConsultantSubcontractor's obligations in respect of the Information apply to any subsequent proceedings before a court, arbitrator, expert or tribunal; notwithstanding the ConsultantSubcontractor's obligations in respect of the Information, the Contractor has absolute discretion to divulge or permit its servants, consultants subcontractors or agents to divulge to any person the Information; the Contractor may divulge or permit its servants, consultants subcontractors or agents to divulge to any person any communication, submission or statement made or evidence or information used by or relied upon by the Consultant Subcontractor or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation; and any Information which the Contractor provides or relies upon in respect of an adjudication application made under the relevant Security of Payment Legislation is made without prejudice to the Contractor's right to vary, modify, supplement or withdraw the Information in any subsequent proceedings before a court, arbitrator, expert or tribunal.

Security of Payment Legislation. The Consultant Contractor agrees with the Contractor Commonwealth that: a payment claim submitted to the Contractor's Representative PDS Contractor under clause 11.2 which also purports to be (or is at law) a payment claim under the relevant Security of Payment Legislation is received by the Contractor's Representative PDS Contractor as agent for the ContractorCommonwealth; unless otherwise notified to the Contractor's Representative Contractor by the Commonwealth in writing, the PDS Contractor will give payment statements and carry out all other functions of the Contractor Commonwealth under the relevant Security of Payment Legislation as the agent of the Contractor (without affecting the Contractor's right to carry out those functions itself)Commonwealth; to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, the "reference dates" are those of the dates prescribed in clauses 11.2(aclause (a) and 11.2(b(b) on which the Consultant Contractor has satisfied the requirements of clause 11.3(a); and a reference to a "payment statement" is also a reference to a "payment schedule" for the purposes of the relevant Security of Payment Legislation. Failure by the Contractor's Representative PDS Contractor to state in a payment statement issued under the relevant Security of Payment Legislation or otherwise an amount which the Contractor Commonwealth is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Contractor Commonwealth to the Consultant Contractor will not prejudice: the PDS Contractor's Representative's ability or power to state in a subsequent payment statement an amount which the Contractor Commonwealth is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Contractor Commonwealth to the ConsultantContractor; or the ContractorCommonwealth's right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under the Subcontract Contract or otherwise at law or in equity. The Consultant Contractor agrees that the amount stated in the payment statement as then payable by the Contractor Commonwealth in a payment statement under clause 11.4 (e) is, subject to clause 11.1211.14, to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, the amount of the "progress payment" calculated in accordance with the terms of the Subcontract Contract and which the Consultant Contractor is entitled to be paid in respect of the SubcontractContract. The Consultant Contractor irrevocably chooses the person specified in the Subcontract Contract Particulars as, to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, Legislation and to the extent that the relevant Services Contractor's Activities are to be carried out in: the Northern TerritoryTerritory or Western Australia, the appointed adjudicator or, where there is no appointed adjudicator, the prescribed appointer; Western Australia, the appointed adjudicator or the adjudicator (as the case may be) or, where there is no appointed adjudicator or adjudicator, the prescribed appointor or authorised nominating authority (as the case may be); or any other State or Territory (other than Queensland) in which Security of Payment Legislation applies, the authorised nominating authority. The Consultant Contractor must not at any time, without the written consent of the ContractorCommonwealth, divulge or suffer or permit its servants servants, subcontractors or agents to divulge to any person any communication, submission or statement made or evidence or information used by or relied upon by the Commonwealth or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation (in this paragraph, the Information). For the avoidance of doubt: to the extent permitted by law, the Contractor's obligations in respect of the Information apply to any subsequent proceedings before a court, arbitrator, expert or tribunal; notwithstanding the Contractor's obligations in respect of the Information, the Commonwealth has absolute discretion to divulge or permit its servants, subcontractors or agents to divulge to any person the Information; the Commonwealth may divulge or permit its servants, subcontractors or agents to divulge to any person any communication, submission or statement made or evidence or information used by or relied upon by the Contractor or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation (in this paragraph, the Information). For the avoidance of doubt: to the extent permitted by law, the Consultant's obligations in respect of the Information apply to any subsequent proceedings before a court, arbitrator, expert or tribunal; notwithstanding the Consultant's obligations in respect of the Information, the Contractor has absolute discretion to divulge or permit its servants, consultants or agents to divulge to any person the Information; the Contractor may divulge or permit its servants, consultants or agents to divulge to any person any communication, submission or statement made or evidence or information used by or relied upon by the Consultant or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation; and any Information which the Contractor Commonwealth provides or relies upon in respect of an adjudication application made under the relevant Security of Payment Legislation is made without prejudice to the ContractorCommonwealth's right to vary, modify, supplement or withdraw the Information in any subsequent proceedings before a court, arbitrator, expert or tribunal.

Security of Payment Legislation. The Consultant Subcontractor agrees with the Contractor that: a payment claim submitted to the Contractor's ’s Representative under clause 11.2 12.2 which also purports to be (or is at law) a payment claim under the relevant Security of Payment Legislation is received by the Contractor's ’s Representative as agent for the Contractor; unless otherwise notified to the Subcontractor by the Contractor in writing, the Contractor's ’s Representative will give payment statements and carry out all other functions of the Contractor under the relevant Security of Payment Legislation as the agent of the Contractor (without affecting the Contractor's right to carry out those functions itself); to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, the "“reference dates" ” are those of the dates prescribed in clauses 11.2(a(a) and 11.2(b(b) on which the Consultant Subcontractor has satisfied the requirements of clause 11.3(a); and a reference to a "“payment statement" ” is also a reference to a "“payment schedule" ” for the purposes of the relevant Security of Payment Legislation. Failure by the Contractor's ’s Representative to state in a payment statement issued under the relevant Security of Payment Legislation or otherwise an amount which the Contractor is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Contractor to the Consultant Subcontractor will not prejudice: the Contractor's ’s Representative's ’s ability or power to state in a subsequent payment statement an amount which the Contractor is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Contractor to the ConsultantSubcontractor; or the Contractor's ’s right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under the Subcontract or otherwise at law or in equity. The Consultant Subcontractor agrees that the amount stated in the payment statement as then payable by the Contractor in a payment statement to the Subcontractor under clause 11.4 (e) is, subject to clause 11.1212.16, to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, the amount of the "“progress payment" ” calculated in accordance with the terms of the Subcontract and which the Consultant Subcontractor is entitled to be paid in respect of the Subcontract. The Consultant Subcontractor irrevocably chooses the person specified in the Subcontract Particulars as, to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, Legislation and to the extent that the relevant Services Subcontractor’s Activities are to be carried out in: the Northern TerritoryTerritory or Western Australia, the appointed adjudicator or, where there is no appointed adjudicator, the prescribed appointer; Western Australia, the appointed adjudicator or the adjudicator (as the case may be) or, where there is no appointed adjudicator or adjudicator, the prescribed appointor or authorised nominating authority (as the case may be); or any other State or Territory (other than Queensland) in which Security of Payment Legislation applies, the authorised nominating authorityauthority or an adjudication registry. The Consultant Subcontractor must not at any time, without the written consent of the Contractor, divulge or suffer or permit its servants servants, subsubcontractors or agents to divulge to any person any communication, submission or statement made or evidence or information used by or relied upon by the Contractor or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation (in this paragraph, the Information). For the avoidance of doubt: to the extent permitted by law, the Consultant's Subcontractor’s obligations in respect of the Information apply to any subsequent proceedings before a court, arbitrator, expert or tribunal; notwithstanding the Consultant's Subcontractor’s obligations in respect of the Information, the Contractor has absolute discretion to divulge or permit its servants, consultants subcontractors or agents to divulge to any person the Information; the Contractor may divulge or permit its servants, consultants subcontractors or agents to divulge to any person any communication, submission or statement made or evidence or information used by or relied upon by the Consultant Subcontractor or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation; and any Information which the Contractor provides or relies upon in respect of an adjudication application made under the relevant Security of Payment Legislation is made without prejudice to the Contractor's ’s right to vary, modify, supplement or withdraw the Information in any subsequent proceedings before a court, arbitrator, expert or tribunal.

Security of Payment Legislation. The Consultant Contractor agrees with the Contractor Commonwealth that: a payment claim submitted to the Contractor's Representative PDS Contractor under clause 11.2 which also purports to be (or is at law) a payment claim under the relevant Security of Payment Legislation is received by the Contractor's Representative PDS Contractor as agent for the ContractorCommonwealth; unless otherwise notified to the Contractor's Representative Contractor by the Commonwealth in writing, the PDS Contractor will give payment statements and carry out all other functions of the Contractor Commonwealth under the relevant Security of Payment Legislation as the agent of the Contractor (without affecting the Contractor's right to carry out those functions itself)Commonwealth; to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, the "reference dates" are those of the dates prescribed in clauses clause 11.2(a) and 11.2(b) on which the Consultant Contractor has satisfied the requirements of clause 11.311.3(a); and a reference to a "payment statement" is also a reference to a "payment schedule" for the purposes of the relevant Security of Payment Legislation. Failure by the Contractor's Representative PDS Contractor to state in a payment statement issued under the relevant Security of Payment Legislation or otherwise an amount which the Contractor Commonwealth is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Contractor Commonwealth to the Consultant Contractor will not prejudice: the PDS Contractor's Representative's ability or power to state in a subsequent payment statement an amount which the Contractor Commonwealth is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Contractor Commonwealth to the ConsultantContractor; or the ContractorCommonwealth's right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under the Subcontract Contract or otherwise at law or in equity. The Consultant Contractor agrees that the amount stated in the payment statement as then payable by the Contractor Commonwealth in a payment statement under clause 11.4 11.4(e) is, subject to clause 11.1211.14, to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, the amount of the "progress payment" calculated in accordance with the terms of the Subcontract Contract and which the Consultant Contractor is entitled to be paid in respect of the SubcontractContract. The Consultant Contractor irrevocably chooses the person specified in the Subcontract Contract Particulars as, to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, Legislation and to the extent that the relevant Services Contractor's Activities are to be carried out in: the Northern TerritoryTerritory or Western Australia, the appointed adjudicator or, where there is no appointed adjudicator, the prescribed appointer; Western Australia, the appointed adjudicator or the adjudicator (as the case may be) or, where there is no appointed adjudicator or adjudicator, the prescribed appointor or authorised nominating authority (as the case may be); or any other State or Territory (other than Queensland) in which Security of Payment Legislation applies, the authorised nominating authority. The Consultant Contractor must not at any time, without the written consent of the ContractorCommonwealth, divulge or suffer or permit its servants servants, subcontractors or agents to divulge to any person any communication, submission or statement made or evidence or information used by or relied upon by the Commonwealth or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation (in this paragraph, the Information). For the avoidance of doubt: to the extent permitted by law, the Contractor's obligations in respect of the Information apply to any subsequent proceedings before a court, arbitrator, expert or tribunal; notwithstanding the Contractor's obligations in respect of the Information, the Commonwealth has absolute discretion to divulge or permit its servants, subcontractors or agents to divulge to any person the Information; the Commonwealth may divulge or permit its servants, subcontractors or agents to divulge to any person any communication, submission or statement made or evidence or information used by or relied upon by the Contractor or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation (in this paragraph, the Information). For the avoidance of doubt: to the extent permitted by law, the Consultant's obligations in respect of the Information apply to any subsequent proceedings before a court, arbitrator, expert or tribunal; notwithstanding the Consultant's obligations in respect of the Information, the Contractor has absolute discretion to divulge or permit its servants, consultants or agents to divulge to any person the Information; the Contractor may divulge or permit its servants, consultants or agents to divulge to any person any communication, submission or statement made or evidence or information used by or relied upon by the Consultant or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation; and any Information which the Contractor Commonwealth provides or relies upon in respect of an adjudication application made under the relevant Security of Payment Legislation is made without prejudice to the ContractorCommonwealth's right to vary, modify, supplement or withdraw the Information in any subsequent proceedings before a court, arbitrator, expert or tribunal.

Security of Payment Legislation. The Consultant Contractor agrees with the Contractor Commonwealth that: a payment claim submitted to the Contractor's Representative Contract Administrator under clause 11.2 12.2 which also purports to be (or is at law) a payment claim under the relevant Security of Payment Legislation is received by the Contractor's Representative Contract Administrator as agent for the ContractorCommonwealth; unless otherwise notified to the Contractor's Representative Contractor by the Commonwealth in writing, the Contract Administrator will give payment statements and carry out all other functions of the Contractor Commonwealth under the relevant Security of Payment Legislation as the agent of the Contractor (without affecting the Contractor's right to carry out those functions itself)Commonwealth; to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, the "reference dates" are those of the dates prescribed in clauses 11.2(a12.2(a) and 11.2(b12.2(b) on which the Consultant Contractor has satisfied the requirements of clause 11.312.3(a); and a reference to a "payment statement" is also a reference to a "payment schedule" for the purposes of the relevant Security of Payment Legislation. Failure by the Contractor's Representative Contract Administrator to state in a payment statement issued under the relevant Security of Payment Legislation or otherwise an amount which the Contractor Commonwealth is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Contractor Commonwealth to the Consultant Contractor will not prejudice: the Contractor's RepresentativeContract Administrator's ability or power to state in a subsequent payment statement an amount which the Contractor Commonwealth is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Contractor Commonwealth to the ConsultantContractor; or the ContractorCommonwealth's right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under the Subcontract Contract or otherwise at law or in equity. The Consultant Contractor agrees that the amount stated in the payment statement as then payable by the Commonwealth to the Contractor in a payment statement under clause 11.4 12.4(e) is, subject to clause 11.1212.16, to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, the amount of the "progress payment" calculated in accordance with the terms of the Subcontract Contract and which the Consultant Contractor is entitled to be paid in respect of the SubcontractContract. The Consultant Contractor irrevocably chooses the person specified in the Subcontract Contract Particulars as, to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, Legislation and to the extent that the relevant Services Contractor's Activities are to be carried out in: the Northern TerritoryTerritory or Western Australia, the appointed adjudicator or, where there is no appointed adjudicator, the prescribed appointer; Western Australia, the appointed adjudicator or the adjudicator (as the case may be) or, where there is no appointed adjudicator or adjudicator, the prescribed appointor or authorised nominating authority (as the case may be); or any other State or Territory (other than Queensland) in which Security of Payment Legislation applies, the authorised nominating authority. The Consultant Contractor must not at any time, without the written consent of the ContractorCommonwealth, divulge or suffer or permit its servants servants, subcontractors or agents to divulge to any person any communication, submission or statement made or evidence or information used by or relied upon by the Commonwealth or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation (in this paragraph, the Information). For the avoidance of doubt: to the extent permitted by law, the Contractor's obligations in respect of the Information apply to any subsequent proceedings before a court, arbitrator, expert or tribunal; notwithstanding the Contractor's obligations in respect of the Information, the Commonwealth has absolute discretion to divulge or permit its servants, subcontractors or agents to divulge to any person the Information; the Commonwealth may divulge or permit its servants, subcontractors or agents to divulge to any person any communication, submission or statement made or evidence or information used by or relied upon by the Contractor or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation (in this paragraph, the Information). For the avoidance of doubt: to the extent permitted by law, the Consultant's obligations in respect of the Information apply to any subsequent proceedings before a court, arbitrator, expert or tribunal; notwithstanding the Consultant's obligations in respect of the Information, the Contractor has absolute discretion to divulge or permit its servants, consultants or agents to divulge to any person the Information; the Contractor may divulge or permit its servants, consultants or agents to divulge to any person any communication, submission or statement made or evidence or information used by or relied upon by the Consultant or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation; and any Information which the Contractor Commonwealth provides or relies upon in respect of an adjudication application made under the relevant Security of Payment Legislation is made without prejudice to the ContractorCommonwealth's right to vary, modify, supplement or withdraw the Information in any subsequent proceedings before a court, arbitrator, expert or tribunal.

Security of Payment Legislation. The Consultant Subcontractor agrees with the Contractor that: a payment claim submitted to the Contractor's Representative under clause 11.2 which also purports to be (or is at law) a payment claim under the relevant Security of Payment Legislation is received by the Contractor's Representative as agent for the Contractor; unless otherwise notified to the Subcontractor by the Contractor in writing, the Contractor's Representative will give payment statements and carry out all other functions of the Contractor under the relevant Security of Payment Legislation as the agent of the Contractor (without affecting the Contractor's right to carry out those functions itself); to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, the "reference dates" are those of the dates prescribed in clauses 11.2(a) and 11.2(b) on which the Consultant Subcontractor has satisfied the requirements of clause 11.3; and a reference to a "payment statement" is also a reference to a "payment schedule" for the purposes of the relevant Security of Payment Legislation. Failure by the Contractor's Representative to state in a payment statement issued under the relevant Security of Payment Legislation or otherwise an amount which the Contractor is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Contractor to the Consultant Subcontractor will not prejudice: the Contractor's Representative's ability or power to state in a subsequent payment statement an amount which the Contractor is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Contractor to the ConsultantSubcontractor; or the Contractor's right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under the Subcontract or otherwise at law or in equity. The Consultant Subcontractor agrees that the amount stated in the payment statement as then payable by the Contractor in a payment statement under clause 11.4 11.4(e) is, subject to clause 11.1211.14, to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, the amount of the "progress payment" calculated in accordance with the terms of the Subcontract and which the Consultant Subcontractor is entitled to be paid in respect of the Subcontract. The Consultant Subcontractor irrevocably chooses the person specified in the Subcontract Particulars as, to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, Legislation and to the extent that the relevant Services Subcontractor's Activities are to be carried out in: the Northern TerritoryTerritory or Western Australia, the appointed adjudicator or, where there is no appointed adjudicator, the prescribed appointer; Western Australia, the appointed adjudicator or the adjudicator (as the case may be) or, where there is no appointed adjudicator or adjudicator, the prescribed appointor or authorised nominating authority (as the case may be); or any other State or Territory (other than Queensland) in which Security of Payment Legislation applies, the authorised nominating authority. The Consultant Subcontractor must not at any time, without the written consent of the Contractor, divulge or suffer or permit its servants servants, subsubcontractors or agents to divulge to any person any communication, submission or statement made or evidence or information used by or relied upon by the Contractor or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation (in this paragraph, the Information). For the avoidance of doubt: to the extent permitted by law, the ConsultantSubcontractor's obligations in respect of the Information apply to any subsequent proceedings before a court, arbitrator, expert or tribunal; notwithstanding the ConsultantSubcontractor's obligations in respect of the Information, the Contractor has absolute discretion to divulge or permit its servants, consultants subcontractors or agents to divulge to any person the Information; the Contractor may divulge or permit its servants, consultants subcontractors or agents to divulge to any person any communication, submission or statement made or evidence or information used by or relied upon by the Consultant Subcontractor or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation; and any Information which the Contractor provides or relies upon in respect of an adjudication application made under the relevant Security of Payment Legislation is made without prejudice to the Contractor's right to vary, modify, supplement or withdraw the Information in any subsequent proceedings before a court, arbitrator, expert or tribunal.

Security of Payment Legislation. The Consultant Subcontractor agrees with the Contractor that: a payment claim submitted to the Contractor's Representative under clause 11.2 12.2 which also purports to be (or is at law) a payment claim under the relevant Security of Payment Legislation is received by the Contractor's Representative as agent for the Contractor; unless otherwise notified to the Subcontractor by the Contractor in writing, the Contractor's Representative will give payment statements and carry out all other functions of the Contractor under the relevant Security of Payment Legislation as the agent of the Contractor (without affecting the Contractor's right to carry out those functions itself); to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, the "reference dates" are those of the dates prescribed in clauses 11.2(a12.2(a) and 11.2(b12.2(b) on which the Consultant Subcontractor has satisfied the requirements of clause 11.312.3(a); and a reference to a "payment statement" is also a reference to a "payment schedule" for the purposes of the relevant Security of Payment Legislation. Failure by the Contractor's Representative to state set out in a payment statement issued under the relevant Security of Payment Legislation or otherwise an amount which the Contractor is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable to the Subcontractor by the Contractor to the Consultant will not prejudice: the Contractor's Representative's ability or power to state set out in a subsequent payment statement an amount which the Contractor is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable to the Subcontractor by the Contractor to the ConsultantContractor; or the Contractor's right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under the Subcontract or otherwise at law or in equitythis Subcontract. The Consultant Subcontractor agrees that the amount stated set out in the payment statement as then payable by the Contractor in a payment statement under accordance with clause 11.4 12.4(f) is, subject to clause 11.12, to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, the amount of the "progress payment" calculated in accordance with the terms of the Subcontract and this Subcontract, which the Consultant Subcontractor is entitled to be paid in respect of the Subcontract. The Consultant Subcontractor irrevocably chooses the person specified set out in the Subcontract Particulars as, to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, Legislation and to the extent that the relevant Services Subcontractor's Activities are to be carried out in: the Northern TerritoryTerritory or Western Australia, the appointed adjudicator or, where there is no appointed adjudicator, the prescribed appointer; Western Australia, the appointed adjudicator or the adjudicator (as the case may be) or, where there is no appointed adjudicator or adjudicator, the prescribed appointor or authorised nominating authority (as the case may be); or any other State or Territory (other than Queensland) in which Security of Payment Legislation applies, the authorised nominating authority. The Consultant Subcontractor must not at any time, without the written consent of the Contractor, divulge or suffer or permit its servants servants, subsubcontractors or agents to divulge to any person any communication, submission or statement made or evidence or information used by or relied upon by the Contractor or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation (in this paragraph, the Information). For the avoidance of doubt: to the extent permitted by law, the ConsultantSubcontractor's obligations obligation in respect of the Information apply to applies in respect of any subsequent proceedings before a court, arbitrator, expert or tribunaltribunal save where the Subcontractor is unable by requirement of law to comply with its obligation in respect of the Information; notwithstanding the ConsultantSubcontractor's obligations obligation in respect of the Information, the Contractor has absolute sole and unfettered discretion to divulge or suffer or permit its servants, consultants subcontractors or agents to divulge to any person the Information; the Contractor may divulge or suffer or permit its servants, consultants subcontractors or agents to divulge to any person any communication, submission or statement made or evidence or information used by or relied upon by the Consultant Subcontractor or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation; and any Information which the Contractor provides or relies upon in respect of an adjudication application made under the relevant Security of Payment Legislation is made without prejudice to the Contractor's right to vary, modify, supplement or withdraw the Information in any subsequent proceedings before a court, arbitrator, expert or tribunal.

Security of Payment Legislation. The Consultant Subconsultant agrees with the Contractor Consultant that: a payment claim submitted to the ContractorConsultant's Representative under clause 11.2 which also purports to be (or is at law) a payment claim under the relevant Security of Payment Legislation is received by the ContractorConsultant's Representative as agent for the ContractorConsultant; the ContractorConsultant's Representative will give payment statements and carry out all other functions of the Contractor Consultant under the relevant Security of Payment Legislation as the agent of the Contractor Consultant (without affecting the ContractorConsultant's right to carry out those functions itself); to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, the "reference dates" are those of the dates prescribed in clauses 11.2(a) and 11.2(b) on which the Consultant Subconsultant has satisfied the requirements of clause 11.3; and a reference to a "payment statement" is also a reference to a "payment schedule" for the purposes of the relevant Security of Payment Legislation. Failure by the ContractorConsultant's Representative to state in a payment statement issued under the relevant Security of Payment Legislation or otherwise an amount which the Contractor Consultant is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Contractor Consultant to the Consultant Subconsultant will not prejudice: the ContractorConsultant's Representative's ability or power to state in a subsequent payment statement an amount which the Contractor Consultant is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Contractor Consultant to the ConsultantSubconsultant; or the ContractorConsultant's right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under the Subcontract or otherwise at law or in equity. The Consultant Subconsultant agrees that the amount stated in the payment statement as then payable by the Contractor in a payment statement Consultant to the Subconsultant under clause 11.4 is, subject to clause 11.12, to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, the amount of the "progress payment" calculated in accordance with the terms of the Subcontract and which the Consultant Subconsultant is entitled to be paid in respect of the Subcontract. The Consultant Subconsultant irrevocably chooses the person specified in the Subcontract Particulars as, to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, and to the extent that the relevant Subcontract Services are to be carried out in: the Northern Territory, the appointed adjudicator or, where there is no appointed adjudicator, the prescribed appointer; Western Australia, the appointed adjudicator or the adjudicator (as the case may be) or, where there is no appointed adjudicator or adjudicator, the prescribed appointor or authorised nominating authority (as the case may be); or any other State or Territory (other than Queensland) in which Security of Payment Legislation applies, the authorised nominating authority. The Consultant Subconsultant must not at any time, without the written consent of the ContractorConsultant, divulge or suffer or permit its servants or agents to divulge to any person any communication, submission or statement made or evidence or information used by or relied upon by the Contractor or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation (in this paragraph, the Information). For the avoidance of doubt: to the extent permitted by law, the Consultant's obligations in respect of the Information apply to any subsequent proceedings before a court, arbitrator, expert or tribunal; notwithstanding the Consultant's obligations in respect of the Information, the Contractor has absolute discretion to divulge or permit its servants, consultants or agents to divulge to any person the Information; the Contractor may divulge or permit its servants, consultants or agents to divulge to any person any communication, submission or statement made or evidence or information used by or relied upon by the Consultant or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation (in this paragraph, the Information). For the avoidance of doubt: to the extent permitted by law, the Subconsultant's obligations in respect of the Information apply to any subsequent proceedings before a court, arbitrator, expert or tribunal; notwithstanding the Subconsultant's obligations in respect of the Information, the Consultant has absolute discretion to divulge or permit its servants, subconsultants or agents to divulge to any person the Information; the Consultant may divulge or permit its servants, subconsultants or agents to divulge to any person any communication, submission or statement made or evidence or information used by or relied upon by the Subconsultant or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation; and any Information which the Contractor Consultant provides or relies upon in respect of an adjudication application made under the relevant Security of Payment Legislation is made without prejudice to the ContractorConsultant's right to vary, modify, supplement or withdraw the Information in any subsequent proceedings before a court, arbitrator, expert or tribunal.

Security of Payment Legislation. The Consultant agrees with the Contractor that: a payment claim submitted to the Contractor's Representative under clause 11.2 10.2 which also purports to be (or is at law) a payment claim under the relevant Security of Payment Legislation is received by the Contractor's Representative as agent for the Contractor; unless otherwise notified to the Consultant by the Contractor in writing, the Contractor's Representative will give payment statements and carry out all other functions of the Contractor under the relevant Security of Payment Legislation as the agent of the Contractor (without affecting the Contractor's right to carry out those functions itself); to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, the "reference dates" are those of the dates prescribed in clauses 11.2(a(a) and 11.2(b(b) on which the Consultant has satisfied the requirements of clause 11.3(a); and a reference to a "payment statement" is also a reference to a "payment schedule" for the purposes of the relevant Security of Payment Legislation. Failure by the Contractor's Representative to state set out in a payment statement issued under the relevant Security of Payment Legislation or otherwise an amount which the Contractor is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable to the Consultant by the Contractor to the Consultant will not prejudice: the Contractor's Representative's ability or power to state set out in a subsequent payment statement an amount which the Contractor is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable to the Consultant by the Contractor to the ConsultantContractor; or the Contractor's right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under the this Subcontract or otherwise at law or in equity. The Consultant agrees that the amount stated set out in the payment statement as then payable by the Contractor in a payment statement under accordance with clause 11.4 (f) is, subject to clause 11.12, to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, the amount of the "progress payment" calculated in accordance with the terms of the Subcontract and this Subcontract, which the Consultant is entitled to be paid in respect of the Subcontract. The Consultant irrevocably chooses the person specified set out in the Subcontract Particulars as, to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, Legislation and to the extent that the relevant Services are to be carried out in: the Northern TerritoryTerritory or Western Australia, the appointed adjudicator or, where there is no appointed adjudicator, the prescribed appointer; Western Australia, the appointed adjudicator or the adjudicator (as the case may be) or, where there is no appointed adjudicator or adjudicator, the prescribed appointor or authorised nominating authority (as the case may be); or any other State or Territory (other than Queensland) in which Security of Payment Legislation applies, the authorised nominating authority. The Consultant must not at any time, without the written consent of the Contractor, divulge or suffer or permit its servants servants, subconsultants or agents to divulge to any person any communication, submission or statement made or evidence or information used by or relied upon by the Contractor or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation (in this paragraph, the Information). For the avoidance of doubt: to the extent permitted by law, the Consultant's obligations obligation in respect of the Information apply to applies in respect of any subsequent proceedings before a court, arbitrator, expert or tribunaltribunal save where the Consultant is unable by requirement of law to comply with its obligation in respect of the Information; notwithstanding the Consultant's obligations obligation in respect of the Information, the Contractor has absolute discretion to divulge or permit its servants, consultants or agents to may divulge to any person the Information; the Contractor may divulge or suffer or permit its servants, consultants servants or agents to divulge to any person any communication, submission or statement made or evidence or information used by or relied upon by the Consultant or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation; and any Information which the Contractor provides or relies upon in respect of an adjudication application made under the relevant Security of Payment Legislation is made without prejudice to the Contractor's right to vary, modify, supplement or withdraw the Information in any subsequent proceedings before a court, arbitrator, expert or tribunal.

Security of Payment Legislation. The Consultant Subcontractor agrees with the Contractor that: a payment claim submitted to the Contractor's ’s Representative under clause 11.2 12.2 which also purports to be (or is at law) a payment claim under the relevant Security of Payment Legislation is received by the Contractor's ’s Representative as agent for the Contractor; unless otherwise notified to the Subcontractor by the Contractor in writing, the Contractor's ’s Representative will give payment statements and carry out all other functions of the Contractor under the relevant Security of Payment Legislation as the agent of the Contractor (without affecting the Contractor's right to carry out those functions itself); to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, the "“reference dates" ” are those of the dates prescribed in clauses 11.2(a12.2(a) and 11.2(b12.2(b) on which the Consultant Subcontractor has satisfied the requirements of clause 11.312.3(a); and a reference to a "“payment statement" ” is also a reference to a "“payment schedule" ” for the purposes of the relevant Security of Payment Legislation. Failure by the Contractor's ’s Representative to state in a payment statement issued under the relevant Security of Payment Legislation or otherwise an amount which the Contractor is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Contractor to the Consultant Subcontractor will not prejudice: the Contractor's ’s Representative's ’s ability or power to state in a subsequent payment statement an amount which the Contractor is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Contractor to the ConsultantSubcontractor; or the Contractor's ’s right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under the Subcontract or otherwise at law or in equity. The Consultant Subcontractor agrees that the amount stated in the payment statement as then payable by the Contractor in a payment statement to the Subcontractor under clause 11.4 12.4(e) is, subject to clause 11.1212.16, to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, the amount of the "“progress payment" ” calculated in accordance with the terms of the Subcontract and which the Consultant Subcontractor is entitled to be paid in respect of the Subcontract. The Consultant Subcontractor irrevocably chooses the person specified in the Subcontract Particulars as, to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, Legislation and to the extent that the relevant Services Subcontractor’s Activities are to be carried out in: the Northern TerritoryTerritory or Western Australia, the appointed adjudicator or, where there is no appointed adjudicator, the prescribed appointer; Western Australia, the appointed adjudicator or the adjudicator (as the case may be) or, where there is no appointed adjudicator or adjudicator, the prescribed appointor or authorised nominating authority (as the case may be); or any other State or Territory (other than Queensland) in which Security of Payment Legislation applies, the authorised nominating authorityauthority or an adjudication registry. The Consultant Subcontractor must not at any time, without the written consent of the Contractor, divulge or suffer or permit its servants servants, subsubcontractors or agents to divulge to any person any communication, submission or statement made or evidence or information used by or relied upon by the Contractor or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation (in this paragraph, the Information). For the avoidance of doubt: to the extent permitted by law, the Consultant's Subcontractor’s obligations in respect of the Information apply to any subsequent proceedings before a court, arbitrator, expert or tribunal; notwithstanding the Consultant's Subcontractor’s obligations in respect of the Information, the Contractor has absolute discretion to divulge or permit its servants, consultants subcontractors or agents to divulge to any person the Information; the Contractor may divulge or permit its servants, consultants subcontractors or agents to divulge to any person any communication, submission or statement made or evidence or information used by or relied upon by the Consultant Subcontractor or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation; and any Information which the Contractor provides or relies upon in respect of an adjudication application made under the relevant Security of Payment Legislation is made without prejudice to the Contractor's ’s right to vary, modify, supplement or withdraw the Information in any subsequent proceedings before a court, arbitrator, expert or tribunal.

Security of Payment Legislation. The Consultant agrees with the Contractor that: a payment claim submitted to the Contractor's Representative under clause 11.2 10.2 which also purports to be (or is at law) a payment claim under the relevant Security of Payment Legislation is received by the Contractor's Representative as agent for the Contractor; unless otherwise notified to the Consultant by the Contractor in writing, the Contractor's Representative will give payment statements and carry out all other functions of the Contractor under the relevant Security of Payment Legislation as the agent of the Contractor (without affecting the Contractor's right to carry out those functions itself); to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, the "reference dates" are those of the dates prescribed in clauses 11.2(a10.2(a) and 11.2(b10.2(b) on which the Consultant has satisfied the requirements of clause 11.310.3(a); and a reference to a "payment statement" is also a reference to a "payment schedule" for the purposes of the relevant Security of Payment Legislation. Failure by the Contractor's Representative to state set out in a payment statement issued under the relevant Security of Payment Legislation or otherwise an amount which the Contractor is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable to the Consultant by the Contractor to the Consultant will not prejudice: the Contractor's Representative's ability or power to state set out in a subsequent payment statement an amount which the Contractor is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable to the Consultant by the Contractor to the ConsultantContractor; or the Contractor's right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under the this Subcontract or otherwise at law or in equity. The Consultant agrees that the amount stated set out in the payment statement as then payable by the Contractor in a payment statement under accordance with clause 11.4 10.4(f) is, subject to clause 11.12, to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, the amount of the "progress payment" calculated in accordance with the terms of the Subcontract and this Subcontract, which the Consultant is entitled to be paid in respect of the Subcontract. The Consultant irrevocably chooses the person specified set out in the Subcontract Particulars as, to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, Legislation and to the extent that the relevant Services are to be carried out in: the Northern TerritoryTerritory or Western Australia, the appointed adjudicator or, where there is no appointed adjudicator, the prescribed appointer; Western Australia, the appointed adjudicator or the adjudicator (as the case may be) or, where there is no appointed adjudicator or adjudicator, the prescribed appointor or authorised nominating authority (as the case may be); or any other State or Territory (other than Queensland) in which Security of Payment Legislation applies, the authorised nominating authority. The Consultant must not at any time, without the written consent of the Contractor, divulge or suffer or permit its servants servants, subconsultants or agents to divulge to any person any communication, submission or statement made or evidence or information used by or relied upon by the Contractor or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation (in this paragraph, the Information). For the avoidance of doubt: to the extent permitted by law, the Consultant's obligations obligation in respect of the Information apply to applies in respect of any subsequent proceedings before a court, arbitrator, expert or tribunaltribunal save where the Consultant is unable by requirement of law to comply with its obligation in respect of the Information; notwithstanding the Consultant's obligations obligation in respect of the Information, the Contractor has absolute discretion to divulge or permit its servants, consultants or agents to may divulge to any person the Information; the Contractor may divulge or suffer or permit its servants, consultants servants or agents to divulge to any person any communication, submission or statement made or evidence or information used by or relied upon by the Consultant or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation; and any Information which the Contractor provides or relies upon in respect of an adjudication application made under the relevant Security of Payment Legislation is made without prejudice to the Contractor's right to vary, modify, supplement or withdraw the Information in any subsequent proceedings before a court, arbitrator, expert or tribunal.

Security of Payment Legislation. The Consultant Subcontractor agrees with the Contractor that: a payment claim submitted to the Contractor's Representative under clause 11.2 which also purports to be (or is at law) a payment claim under the relevant Security of Payment Legislation is received by the Contractor's Representative as agent for the Contractor; unless otherwise notified to the Subcontractor by the Contractor in writing, the Contractor's Representative will give payment statements and carry out all other functions of the Contractor under the relevant Security of Payment Legislation as the agent of the Contractor (without affecting the Contractor's right to carry out those functions itself); to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, the "reference dates" are those of the dates prescribed in clauses clause 11.2(a) and 11.2(b) on which the Consultant Subcontractor has satisfied the requirements of clause 11.311.3(a); and a reference to a "payment statement" is also a reference to a "payment schedule" for the purposes of the relevant Security of Payment Legislation. Failure by the Contractor's Representative to state set out in a payment statement issued under the relevant Security of Payment Legislation or otherwise an amount which the Contractor is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable to the Subcontractor by the Contractor to the Consultant will not prejudice: the Contractor's Representative's ability or power to state set out in a subsequent payment statement an amount which the Contractor is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable to the Subcontractor by the Contractor to the ConsultantContractor; or the Contractor's right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under the Subcontract or otherwise at law or in equitythis Subcontract. The Consultant Subcontractor agrees that the amount stated set out in the payment statement as then payable by the Contractor in a payment statement under accordance with clause 11.4 11.4(f) is, subject to clause 11.12, to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, the amount of the "progress payment" calculated in accordance with the terms of the Subcontract and this Subcontract, which the Consultant Subcontractor is entitled to be paid in respect of the Subcontract. The Consultant Subcontractor irrevocably chooses the person specified set out in the Subcontract Particulars as, to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, Legislation and to the extent that the relevant Services Subcontractor's Activities are to be carried out in: the Northern TerritoryTerritory or Western Australia, the appointed adjudicator or, where there is no appointed adjudicator, the prescribed appointer; Western Australia, the appointed adjudicator or the adjudicator (as the case may be) or, where there is no appointed adjudicator or adjudicator, the prescribed appointor or authorised nominating authority (as the case may be); or any other State or Territory (other than Queensland) in which Security of Payment Legislation applies, the authorised nominating authority. The Consultant Subcontractor must not at any time, without the written consent of the Contractor, divulge or suffer or permit its servants servants, subsubcontractors or agents to divulge to any person any communication, submission or statement made or evidence or information used by or relied upon by the Contractor or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation (in this paragraph, the Information). For the avoidance of doubt: to the extent permitted by law, the ConsultantSubcontractor's obligations obligation in respect of the Information apply to applies in respect of any subsequent proceedings before a court, arbitrator, expert or tribunaltribunal save where the Subcontractor is unable by requirement of law to comply with its obligation in respect of the Information; notwithstanding the ConsultantSubcontractor's obligations obligation in respect of the Information, the Contractor has absolute sole and unfettered discretion to divulge or suffer or permit its servants, consultants subcontractors or agents to divulge to any person the Information; the Contractor may divulge or suffer or permit its servants, consultants subcontractors or agents to divulge to any person any communication, submission or statement made or evidence or information used by or relied upon by the Consultant Subcontractor or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation; and any Information which the Contractor provides or relies upon in respect of an adjudication application made under the relevant Security of Payment Legislation is made without prejudice to the Contractor's right to vary, modify, supplement or withdraw the Information in any subsequent proceedings before a court, arbitrator, expert or tribunal.

Security of Payment Legislation. The Consultant agrees with the Contractor that: a payment claim submitted to the Contractor's Representative under clause 11.2 10.2 which also purports to be (or is at law) a payment claim under the relevant Security of Payment Legislation is received by the Contractor's Representative as agent for the Contractor; unless otherwise notified to the Consultant by the Contractor in writing, the Contractor's Representative will give payment statements and carry out all other functions of the Contractor under the relevant Security of Payment Legislation as the agent of the Contractor (without affecting the Contractor's right to carry out those functions itself); to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, the "reference dates" are those of the dates prescribed in clauses 11.2(a10.2(a) and 11.2(b(b) on which the Consultant has satisfied the requirements of clause 11.310.3(a); and a reference to a "payment statement" is also a reference to a "payment schedule" for the purposes of the relevant Security of Payment Legislation. Failure by the Contractor's Representative to state set out in a payment statement issued under the relevant Security of Payment Legislation or otherwise an amount which the Contractor is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable to the Consultant by the Contractor to the Consultant will not prejudice: the Contractor's RepresentativeRepresentative 's ability or power to state set out in a subsequent payment statement an amount which the Contractor is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable to the Consultant by the Contractor to the ConsultantContractor; or the Contractor's right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under the Subcontract or otherwise at law or in equitythis Subcontract. The Consultant agrees that the amount stated set out in the payment statement as then payable by the Contractor in a payment statement under accordance with clause 11.4 10.4(f) is, subject to clause 11.12, to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, the amount of the "progress payment" calculated in accordance with the terms of the Subcontract and this Subcontract, which the Consultant is entitled to be paid in respect of the Subcontract. The Consultant irrevocably chooses the person specified set out in the Subcontract Particulars as, to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, and to the extent that the relevant Services are to be carried out in: the Northern TerritoryTerritory or Western Australia, the appointed adjudicator or, where there is no appointed adjudicator, the prescribed appointer; Western Australia, the appointed adjudicator or the adjudicator (as the case may be) or, where there is no appointed adjudicator or adjudicator, the prescribed appointor or authorised nominating authority (as the case may be); or any other State or Territory (other than Queensland) in which Security of Payment Legislation applies, the authorised nominating authority. The Consultant must not at any time, without the written consent of the Contractor, divulge or suffer or permit its servants or agents to divulge to any person any communication, submission or statement made or evidence or information used by or relied upon by the Contractor or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation (in this paragraph, the Information). For the avoidance of doubt: to the extent permitted by law, the Consultant's obligations obligation in respect of the Information apply to applies in respect of any subsequent proceedings before a court, arbitrator, expert or tribunaltribunal save where the Consultant is unable by requirement of law to comply with its obligation in respect of the Information; notwithstanding the Consultant's obligations obligation in respect of the Information, the Contractor has absolute sole and unfettered discretion to divulge or suffer or permit its servants, consultants servants or agents to divulge to any person the Information; the Contractor may divulge or suffer or permit its servants, consultants servants or agents to divulge to any person any communication, submission or statement made or evidence or information used by or relied upon by the Consultant or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation; and any Information which the Contractor provides or relies upon in respect of an adjudication application made under the relevant Security of Payment Legislation is made without prejudice to the Contractor's right to vary, modify, supplement or withdraw the Information in any subsequent proceedings before a court, arbitrator, expert or tribunal.

Security of Payment Legislation. The Consultant Subcontractor agrees with the Contractor that: a payment claim submitted to the Contractor's Representative under clause 11.2 12.2 which also purports to be (or is at law) a payment claim under the relevant Security of Payment Legislation is received by the Contractor's Representative as agent for the Contractor; unless otherwise notified to the Subcontractor by the Contractor in writing, the Contractor's Representative will give payment statements and carry out all other functions of the Contractor under the relevant Security of Payment Legislation as the agent of the Contractor (without affecting the Contractor's right to carry out those functions itself); to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, the "reference dates" are those of the dates prescribed in clauses 11.2(a(a) and 11.2(b(b) on which the Consultant Subcontractor has satisfied the requirements of clause 11.3(a); and a reference to a "payment statement" is also a reference to a "payment schedule" for the purposes of the relevant Security of Payment Legislation. Failure by the Contractor's Representative to state set out in a payment statement issued under the relevant Security of Payment Legislation or otherwise an amount which the Contractor is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable to the Subcontractor by the Contractor to the Consultant will not prejudice: the Contractor's Representative's ability or power to state set out in a subsequent payment statement an amount which the Contractor is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable to the Subcontractor by the Contractor to the ConsultantContractor; or the Contractor's right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under the Subcontract or otherwise at law or in equitythis Subcontract. The Consultant Subcontractor agrees that the amount stated set out in the payment statement as then payable by the Contractor in a payment statement under accordance with clause 11.4 (f) is, subject to clause 11.12, to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, the amount of the "progress payment" calculated in accordance with the terms of the Subcontract and this Subcontract, which the Consultant Subcontractor is entitled to be paid in respect of the Subcontract. The Consultant Subcontractor irrevocably chooses the person specified set out in the Subcontract Particulars as, to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, Legislation and to the extent that the relevant Services Subcontractor's Activities are to be carried out in: the Northern TerritoryTerritory or Western Australia, the appointed adjudicator or, where there is no appointed adjudicator, the prescribed appointer; Western Australia, the appointed adjudicator or the adjudicator (as the case may be) or, where there is no appointed adjudicator or adjudicator, the prescribed appointor or authorised nominating authority (as the case may be); or any other State or Territory (other than Queensland) in which Security of Payment Legislation applies, the authorised nominating authority. The Consultant Subcontractor must not at any time, without the written consent of the Contractor, divulge or suffer or permit its servants servants, subsubcontractors or agents to divulge to any person any communication, submission or statement made or evidence or information used by or relied upon by the Contractor or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation (in this paragraph, the Information). For the avoidance of doubt: to the extent permitted by law, the ConsultantSubcontractor's obligations obligation in respect of the Information apply to applies in respect of any subsequent proceedings before a court, arbitrator, expert or tribunaltribunal save where the Subcontractor is unable by requirement of law to comply with its obligation in respect of the Information; notwithstanding the ConsultantSubcontractor's obligations obligation in respect of the Information, the Contractor has absolute sole and unfettered discretion to divulge or suffer or permit its servants, consultants subcontractors or agents to divulge to any person the Information; the Contractor may divulge or suffer or permit its servants, consultants subcontractors or agents to divulge to any person any communication, submission or statement made or evidence or information used by or relied upon by the Consultant Subcontractor or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation; and any Information which the Contractor provides or relies upon in respect of an adjudication application made under the relevant Security of Payment Legislation is made without prejudice to the Contractor's right to vary, modify, supplement or withdraw the Information in any subsequent proceedings before a court, arbitrator, expert or tribunal.

Security of Payment Legislation. The Consultant Contractor agrees with the Contractor Commonwealth that: a payment claim submitted to the Contractor's Representative PDS Contractor under clause 11.2 which also purports to be (or is at law) a payment claim under the relevant Security of Payment Legislation is received by the Contractor's Representative PDS Contractor as agent for the ContractorCommonwealth; unless otherwise notified to the Contractor's Representative Contractor by the Commonwealth in writing, the PDS Contractor will give payment statements and carry out all other functions of the Contractor Commonwealth under the relevant Security of Payment Legislation as the agent of the Contractor (without affecting the Contractor's right to carry out those functions itself)Commonwealth; to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, the "reference dates" are those of the dates prescribed in clauses clause 11.2(a) and 11.2(b) on which the Consultant Contractor has satisfied the requirements of clause 11.311.3(a); and a reference to a "payment statement" is also a reference to a "payment schedule" for the purposes of the relevant Security of Payment Legislation. Failure by the Contractor's Representative PDS Contractor to state in a payment statement issued under the relevant Security of Payment Legislation or otherwise an amount which the Contractor Commonwealth is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Contractor Commonwealth to the Consultant Contractor will not prejudice: the PDS Contractor's Representative's ability or power to state in a subsequent payment statement an amount which the Contractor Commonwealth is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Contractor Commonwealth to the ConsultantContractor; or the ContractorCommonwealth's right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under the Subcontract Contract or otherwise at law or in equity. The Consultant Contractor agrees that the amount stated in the payment statement as then payable by the Contractor Commonwealth in a payment statement under clause 11.4 11.4(e) is, subject to clause 11.1211.14, to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, the amount of the "progress payment" calculated in accordance with the terms of the Subcontract Contract and which the Consultant Contractor is entitled to be paid in respect of the SubcontractContract. The Consultant Contractor irrevocably chooses the person specified in the Subcontract Contract Particulars as, to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, Legislation and to the extent that the relevant Services Contractor's Activities are to be carried out in: the Northern TerritoryTerritory or Western Australia, the appointed adjudicator or, where there is no appointed adjudicator, the prescribed appointer; Western Australia, the appointed adjudicator or the adjudicator (as the case may be) or, where there is no appointed adjudicator or adjudicator, the prescribed appointor or authorised nominating authority (as the case may be); or any other State or Territory (other than Queensland) in which Security of Payment Legislation applies, the authorised nominating authorityauthority or adjudication registry. The Consultant Contractor must not at any time, without the written consent of the ContractorCommonwealth, divulge or suffer or permit its servants servants, subcontractors or agents to divulge to any person any communication, submission or statement made or evidence or information used by or relied upon by the Commonwealth or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation (in this paragraph, the Information). For the avoidance of doubt: to the extent permitted by law, the Contractor's obligations in respect of the Information apply to any subsequent proceedings before a court, arbitrator, expert or tribunal; notwithstanding the Contractor's obligations in respect of the Information, the Commonwealth has absolute discretion to divulge or permit its servants, subcontractors or agents to divulge to any person the Information; the Commonwealth may divulge or permit its servants, subcontractors or agents to divulge to any person any communication, submission or statement made or evidence or information used by or relied upon by the Contractor or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation (in this paragraph, the Information). For the avoidance of doubt: to the extent permitted by law, the Consultant's obligations in respect of the Information apply to any subsequent proceedings before a court, arbitrator, expert or tribunal; notwithstanding the Consultant's obligations in respect of the Information, the Contractor has absolute discretion to divulge or permit its servants, consultants or agents to divulge to any person the Information; the Contractor may divulge or permit its servants, consultants or agents to divulge to any person any communication, submission or statement made or evidence or information used by or relied upon by the Consultant or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation; and any Information which the Contractor Commonwealth provides or relies upon in respect of an adjudication application made under the relevant Security of Payment Legislation is made without prejudice to the ContractorCommonwealth's right to vary, modify, supplement or withdraw the Information in any subsequent proceedings before a court, arbitrator, expert or tribunal.

Security of Payment Legislation. The Consultant agrees with the Contractor that: a payment claim submitted to the Contractor's Representative under clause 11.2 which also purports to be (or is at law) a payment claim under the relevant Security of Payment Legislation is received by the Contractor's Representative as agent for the Contractor; unless otherwise notified to the Consultant by the Contractor in writing, the Contractor's Representative will give payment statements and carry out all other functions of the Contractor under the relevant Security of Payment Legislation as the agent of the Contractor (without affecting the Contractor's right to carry out those functions itself); to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, the "reference dates" are those of the dates prescribed in clauses 11.2(a) and 11.2(b) on which the Consultant has satisfied the requirements of clause 11.3; and a reference to a "payment statement" is also a reference to a "payment schedule" for the purposes of the relevant Security of Payment Legislation. Failure by the Contractor's Representative to state in a payment statement issued under the relevant Security of Payment Legislation or otherwise an amount which the Contractor is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Contractor to the Consultant will not prejudice: the Contractor's Representative's ability or power to state in a subsequent payment statement an amount which the Contractor is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Contractor to the Consultant; or the Contractor's right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under the Subcontract or otherwise at law or in equity. The Consultant agrees that the amount stated in the payment statement as then payable by the Contractor in a payment statement under clause 11.4 is, subject to clause 11.12, to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, the amount of the "progress payment" calculated in accordance with the terms of the Subcontract and which the Consultant is entitled to be paid in respect of the Subcontract. The Consultant irrevocably chooses the person specified in the Subcontract Particulars as, to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, and to the extent that the relevant Services are to be carried out in: the Northern TerritoryTerritory or Western Australia, the appointed adjudicator or, where there is no appointed adjudicator, the prescribed appointer; Western Australia, the appointed adjudicator or the adjudicator (as the case may be) or, where there is no appointed adjudicator or adjudicator, the prescribed appointor or authorised nominating authority (as the case may be); or any other State or Territory (other than Queensland) in which Security of Payment Legislation applies, the authorised nominating authority. The Consultant must not at any time, without the written consent of the Contractor, divulge or suffer or permit its servants or agents to divulge to any person any communication, submission or statement made or evidence or information used by or relied upon by the Contractor or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation (in this paragraph, the Information). For the avoidance of doubt: to the extent permitted by law, the Consultant's obligations in respect of the Information apply to any subsequent proceedings before a court, arbitrator, expert or tribunal; notwithstanding the Consultant's obligations in respect of the Information, the Contractor has absolute discretion to divulge or permit its servants, consultants or agents to divulge to any person the Information; the Contractor may divulge or permit its servants, consultants or agents to divulge to any person any communication, submission or statement made or evidence or information used by or relied upon by the Consultant or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation; and any Information which the Contractor provides or relies upon in respect of an adjudication application made under the relevant Security of Payment Legislation is made without prejudice to the Contractor's right to vary, modify, supplement or withdraw the Information in any subsequent proceedings before a court, arbitrator, expert or tribunal.