Common use of Security of Payment Legislation Clause in Contracts

Security of Payment Legislation. The Contractor agrees with the Commonwealth that: a payment claim submitted to the Contract Administrator under clause 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 Contract Administrator as agent for the Commonwealth; unless otherwise notified to the Contractor by the Commonwealth in writing, the Contract Administrator will give payment statements and carry out all other functions of the Commonwealth under the relevant Security of Payment Legislation as the agent of the 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 12.2(a) and 12.2(b) on which the Contractor has satisfied the requirements of clause 12.3; 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 Contract Administrator to state in a payment statement issued under the relevant Security of Payment Legislation or otherwise an amount which the Commonwealth is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Commonwealth to the Contractor will not prejudice: the Contract Administrator's ability or power to state in a subsequent payment statement an amount which the Commonwealth is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Commonwealth to the Contractor; or the Commonwealth's right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under the Contract or otherwise at law or in equity. The Contractor agrees that the amount stated in the payment statement as then payable by the Commonwealth to the Contractor under clause 12.4(e) is, subject to clause 12.16, 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 Contract and which the Contractor is entitled to be paid in respect of the Contract. The Contractor irrevocably chooses the person specified in the Contract 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 Contractor's Activities are to be carried out in: the Northern Territory or Western Australia, the appointed adjudicator or, where there is no appointed adjudicator, the prescribed appointer; or any other State or Territory (other than Queensland) in which Security of Payment Legislation applies, the authorised nominating authority. The Contractor must not at any time, without the written consent of the Commonwealth, divulge or suffer 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 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; and any Information which the 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 Commonwealth'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 Contractor Consultant agrees with the Commonwealth that: a payment claim submitted to the Contract Administrator Commonwealth's Representative under clause 12.2 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 Contract Administrator Commonwealth's Representative as agent for the Commonwealth; if any of the Services: are not being carried out in Western Australia, unless otherwise notified to the Contractor Consultant by the Commonwealth in writing, the Contract Administrator Commonwealth's Representative will give payment statements and carry out all other functions of the Commonwealth under the relevant Security of Payment Legislation as the agent of the Commonwealth; or are being carried out in Western Australia, unless otherwise notified to the Consultant by the Commonwealth in writing, the Commonwealth's Representative will give payment statements and carry out all other functions of the Commonwealth under the relevant Security of Payment Legislation (including receiving adjudication applications) as the agent of the 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 12.2(a10.2(a) and 12.2(b10.2(b) on which the Contractor Consultant has satisfied the requirements of clause 12.310.3(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 Contract Administrator Commonwealth's Representative to state set out in a payment statement issued under the relevant Security of Payment Legislation or otherwise an amount which the Commonwealth is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable to the Consultant by the Commonwealth to the Contractor will not prejudice: the Contract AdministratorCommonwealth's Representative's ability or power to state set out in a subsequent payment statement an amount which the Commonwealth is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable to the Consultant by the Commonwealth to the ContractorCommonwealth; or the Commonwealth's right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under the Contract or otherwise at law or in equitythis Contract. The Contractor Consultant agrees that the amount stated set out in the payment statement as then payable by the Commonwealth to the Contractor under in accordance with clause 12.4(e10.4(f) is, subject to clause 12.16, 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 Contract and this Contract, which the Contractor Consultant is entitled to be paid in respect of the Contract. The Contractor Consultant irrevocably chooses the person specified set out in the Contract 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 Contractor's Activities Services are to be carried out in: the Northern Territory or Western Australia, the appointed adjudicator or, where there is no appointed adjudicator, the prescribed appointer; or any other State or Territory (other than Queensland) in which Security of Payment Legislation applies, the authorised nominating authority. The Contractor Consultant must not at any time, without the written consent of the Commonwealth, divulge or suffer or permit its servants, subcontractors 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 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 ContractorConsultant'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 ContractorConsultant's obligations obligation in respect of the Information, the Commonwealth has absolute discretion to divulge or permit its servants, subcontractors or agents to may divulge to any person the Information; the Commonwealth may divulge or suffer or permit its servants, subcontractors 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 Consultant or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation; and any Information which the 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 Commonwealth'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 Contractor agrees with the Commonwealth that: a payment claim submitted to the Contract Administrator under clause 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 Contract Administrator as agent for the Commonwealth; unless otherwise notified to the Contractor by the Commonwealth in writing, the Contract Administrator will give payment statements and carry out all other functions of the Commonwealth under the relevant Security of Payment Legislation as the agent of the Commonwealth (without affecting the Commonwealth'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 12.2(a) and 12.2(b) on which the Contractor has satisfied the requirements of clause 12.3; 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 Contract Administrator to state in a payment statement issued under the relevant Security of Payment Legislation or otherwise an amount which the Commonwealth is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Commonwealth to the Contractor will not prejudice: the Contract Administrator's ability or power to state in a subsequent payment statement an amount which the Commonwealth is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Commonwealth to the Contractor; or the Commonwealth's right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under the Contract or otherwise at law or in equity. The Contractor agrees that the amount stated in the payment statement as then payable by the Commonwealth to the Contractor under clause 12.4(e) is, subject to clause 12.16, 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 Contract and which the Contractor is entitled to be paid in respect of the Contract. The Contractor irrevocably chooses the person specified in the Contract 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 Contractor's Activities are to be carried out in: the Northern Territory or Western AustraliaTerritory, 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 Contractor must not at any time, without the written consent of the Commonwealth, divulge or suffer 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 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; and any Information which the 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 Commonwealth'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 Contractor Subcontractor agrees with the Commonwealth Contractor that: a payment claim submitted to the Contract Administrator Contractor’s Representative under clause 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 Contract Administrator Contractor’s Representative as agent for the CommonwealthContractor; unless otherwise notified to the Contractor by the Commonwealth in writing, the Contract Administrator Contractor’s Representative will give payment statements and carry out all other functions of the Commonwealth Contractor under the relevant Security of Payment Legislation as the agent of the CommonwealthContractor (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 12.2(a) and 12.2(b) on which the Contractor Subcontractor has satisfied the requirements of clause 12.3; 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 Contract Administrator Contractor’s Representative to state in a payment statement issued under the relevant Security of Payment Legislation or otherwise an amount which the Commonwealth Contractor is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Commonwealth Contractor to the Contractor Subcontractor will not prejudice: the Contract Administrator's Contractor’s Representative’s ability or power to state in a subsequent payment statement an amount which the Commonwealth Contractor is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Commonwealth Contractor to the ContractorSubcontractor; or the Commonwealth's Contractor’s right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under the Contract Subcontract or otherwise at law or in equity. The Contractor Subcontractor agrees that the amount stated in the payment statement as then payable by the Commonwealth Contractor to the Contractor Subcontractor under clause 12.4(e) is, subject to clause 12.16, 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 Contract Subcontract and which the Contractor Subcontractor is entitled to be paid in respect of the ContractSubcontract. The Contractor Subcontractor irrevocably chooses the person specified in the Contract 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 Contractor's Subcontractor’s Activities are to be carried out in: the Northern Territory or Western AustraliaTerritory, 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 Contractor Subcontractor must not at any time, without the written consent of the CommonwealthContractor, divulge or suffer 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 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 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 Subcontractor’s obligations in respect of the Information apply to any subsequent proceedings before a court, arbitrator, expert or tribunal; notwithstanding the Subcontractor’s obligations in respect of the Information, the Contractor has absolute discretion to divulge or permit its servants, subsubcontractors or agents to divulge to any person the Information; the Contractor 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 Subcontractor or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation; and any Information which the Commonwealth 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 Commonwealth's 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 Contractor Subcontractor agrees with the Commonwealth Contractor that: a payment claim submitted to the Contract Administrator Contractor's Representative under clause 12.2 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 Contract Administrator Contractor's Representative as agent for the CommonwealthContractor; unless otherwise notified to the Contractor by the Commonwealth in writing, the Contract Administrator Contractor's Representative will give payment statements and carry out all other functions of the Commonwealth Contractor under the relevant Security of Payment Legislation as the agent of the CommonwealthContractor (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 12.2(a11.2(a) and 12.2(b11.2(b) on which the Contractor Subcontractor has satisfied the requirements of clause 12.311.3; 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 Contract Administrator Contractor's Representative to state in a payment statement issued under the relevant Security of Payment Legislation or otherwise an amount which the Commonwealth Contractor is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Commonwealth Contractor to the Contractor Subcontractor will not prejudice: the Contract AdministratorContractor's Representative's ability or power to state in a subsequent payment statement an amount which the Commonwealth Contractor is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Commonwealth Contractor to the ContractorSubcontractor; or the CommonwealthContractor's right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under the Contract Subcontract or otherwise at law or in equity. The Contractor Subcontractor agrees that the amount stated in the payment statement as then payable by the Commonwealth to the Contractor in a payment statement under clause 12.4(e11.4(e) is, subject to clause 12.1611.14, 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 Contract Subcontract and which the Contractor Subcontractor is entitled to be paid in respect of the ContractSubcontract. The Contractor Subcontractor irrevocably chooses the person specified in the Contract 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 ContractorSubcontractor's Activities are to be carried out in: the Northern Territory or Western AustraliaTerritory, 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 Contractor Subcontractor must not at any time, without the written consent of the CommonwealthContractor, divulge or suffer 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 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 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 Subcontractor's obligations in respect of the Information apply to any subsequent proceedings before a court, arbitrator, expert or tribunal; notwithstanding the Subcontractor's obligations in respect of the Information, the Contractor has absolute discretion to divulge or permit its servants, subcontractors or agents to divulge to any person the Information; the Contractor 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 Subcontractor or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation; and any Information which the Commonwealth 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 CommonwealthContractor'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 Contractor Consultant agrees with the Commonwealth that: a payment claim submitted to the Contract Administrator Commonwealth's Representative under clause 12.2 9.2 which also purports to be (or is at law) a payment claim under the relevant Security of Payment Legislation is received by the Contract Administrator Commonwealth's Representative as agent for the Commonwealth; unless otherwise notified to the Contractor by the Commonwealth in writing, the Contract Administrator Commonwealth's Representative will give payment statements and carry out all other functions of the Commonwealth under the relevant Security of Payment Legislation as the agent of the Commonwealth (without affecting the Commonwealth'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 12.2(a(a) and 12.2(b(b) on which the Contractor Consultant has satisfied the requirements of clause 12.3(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 Contract Administrator Commonwealth's Representative to state in a payment statement issued under the relevant Security of Payment Legislation or otherwise an amount which the Commonwealth is entitled to retain, deduct, withhold or set-off from the amount which would otherwise be then be payable by the Commonwealth to the Contractor Consultant will not prejudice: the Contract AdministratorCommonwealth's Representative's ability or power to state in a subsequent payment statement an amount which the Commonwealth is entitled to retain, deduct, withhold or set-off from the amount which would otherwise be then be payable by the Commonwealth to the ContractorConsultant; or the Commonwealth's right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under the this Contract or otherwise at law or in equity. The Contractor Consultant agrees that the amount stated in the payment statement as then payable by the Commonwealth to the Contractor Consultant under clause 12.4(e(f) is, subject to clause 12.16, 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 this Contract and which the Contractor Consultant is entitled to be paid in respect of the Contract. The Contractor Consultant irrevocably chooses the person specified in the Contract 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 Contractor's Activities Services are to be carried out in: the Northern Territory or Western AustraliaTerritory, 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 appointer 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 Contractor Consultant must not at any time, without the written consent of the Commonwealth, divulge or suffer or permit its servants, subcontractors 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 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 ContractorConsultant's obligations in respect of the Information apply to any subsequent proceedings before a court, arbitrator, expert or tribunal; notwithstanding the ContractorConsultant's obligations in respect of the Information, the Commonwealth has absolute discretion to divulge or permit its servants, subcontractors subconsultants or agents to divulge to any person the Information; the Commonwealth may divulge or permit its servants, subcontractors 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 Consultant or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation; and any Information which the 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 Commonwealth'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 Contractor Consultant agrees with the Commonwealth Contractor that: a payment claim submitted to the Contract Administrator Contractor's Representative under clause 12.2 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 Contract Administrator Contractor's Representative as agent for the CommonwealthContractor; unless otherwise notified to the Contractor by the Commonwealth in writing, the Contract Administrator Contractor's Representative will give payment statements and carry out all other functions of the Commonwealth Contractor under the relevant Security of Payment Legislation as the agent of the CommonwealthContractor (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 12.2(a11.2(a) and 12.2(b11.2(b) on which the Contractor Consultant has satisfied the requirements of clause 12.311.3; 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 Contract Administrator Contractor's Representative to state in a payment statement issued under the relevant Security of Payment Legislation or otherwise an amount which the Commonwealth Contractor is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Commonwealth Contractor to the Contractor Consultant will not prejudice: the Contract AdministratorContractor's Representative's ability or power to state in a subsequent payment statement an amount which the Commonwealth Contractor is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Commonwealth Contractor to the ContractorConsultant; or the CommonwealthContractor's right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under the Contract Subcontract or otherwise at law or in equity. The Contractor Consultant agrees that the amount stated in the payment statement as then payable by the Commonwealth to the Contractor in a payment statement under clause 12.4(e) 11.4 is, subject to clause 12.1611.12, 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 Contract Subcontract and which the Contractor Consultant is entitled to be paid in respect of the ContractSubcontract. The Contractor Consultant irrevocably chooses the person specified in the Contract 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 Contractor's Activities Services are to be carried out in: the Northern Territory or Western AustraliaTerritory, 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 Contractor Consultant must not at any time, without the written consent of the CommonwealthContractor, divulge or suffer 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 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 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 Commonwealth 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 CommonwealthContractor'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 Contractor Consultant agrees with the Commonwealth that: a payment claim submitted to the Contract Administrator under clause 12.2 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 Contract Administrator as agent for the Commonwealth; unless otherwise notified to the Contractor Consultant by the Commonwealth in writing, the Contract Administrator will give payment statements and carry out all other functions of the Commonwealth under the relevant Security of Payment Legislation as the agent of the 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 12.2(a10.2(a) and 12.2(b10.2(b) on which the Contractor Consultant has satisfied the requirements of clause 12.310.3(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 Contract Administrator to state in a payment statement issued under the relevant Security of Payment Legislation or otherwise an amount which the Commonwealth is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Commonwealth to the Contractor Consultant will not prejudice: the Contract Administrator's ability or power to state in a subsequent payment statement an amount which the Commonwealth is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Commonwealth to the ContractorConsultant; or the Commonwealth's right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under the Contract or otherwise at law or in equity. The Contractor Consultant agrees that the amount stated in the payment statement as then payable by the Commonwealth to the Contractor in a payment statement under clause 12.4(e) is10.4(e)is, subject to clause 12.1610.12, 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 Contract and Contract, which the Contractor Consultant is entitled to be paid in respect of the Contract. The Contractor Consultant irrevocably chooses the person specified in the 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 Contractor's Activities Services are to be carried out in: the Northern Territory or Western Australia, the appointed adjudicator or, where there is no appointed adjudicator, the prescribed appointer; or any other State or Territory (other than Queensland) in which Security of Payment Legislation applies, the authorised nominating authority. The Contractor Consultant must not at any time, without the written consent of the Commonwealth, divulge or suffer or permit its servants, subcontractors 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 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 ContractorConsultant's obligations in respect of the Information apply to any subsequent proceedings before a court, arbitrator, expert or tribunal; notwithstanding the ContractorConsultant's obligations in respect of the Information, the Commonwealth has absolute discretion to divulge or permit its servants, subcontractors subconsultants or agents to divulge to any person the Information; the Commonwealth may divulge or permit its servants, subcontractors 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 Consultant or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation; and any Information which the 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 Commonwealth'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 Contractor Subcontractor agrees with the Commonwealth Contractor that: a payment claim submitted to the Contract Administrator Contractor’s Representative under clause 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 Contract Administrator Contractor’s Representative as agent for the CommonwealthContractor; unless otherwise notified to the Contractor Subcontractor by the Commonwealth Contractor in writing, the Contract Administrator Contractor’s Representative will give payment statements and carry out all other functions of the Commonwealth Contractor under the relevant Security of Payment Legislation as the agent of the CommonwealthContractor; 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 12.2(a) and 12.2(b) on which the Contractor Subcontractor has satisfied the requirements of clause 12.312.3(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 Contract Administrator Contractor’s Representative to state in a payment statement issued under the relevant Security of Payment Legislation or otherwise an amount which the Commonwealth Contractor is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Commonwealth Contractor to the Contractor Subcontractor will not prejudice: the Contract Administrator's Contractor’s Representative’s ability or power to state in a subsequent payment statement an amount which the Commonwealth Contractor is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Commonwealth Contractor to the ContractorSubcontractor; or the Commonwealth's Contractor’s right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under the Contract Subcontract or otherwise at law or in equity. The Contractor Subcontractor agrees that the amount stated in the payment statement as then payable by the Commonwealth Contractor to the Contractor Subcontractor under clause 12.4(e) is, subject to clause 12.16, 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 Contract Subcontract and which the Contractor Subcontractor is entitled to be paid in respect of the ContractSubcontract. The Contractor Subcontractor irrevocably chooses the person specified in the Contract 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 Contractor's Subcontractor’s Activities are to be carried out in: the Northern Territory or Western Australia, the appointed adjudicator or, where there is no appointed adjudicator, the prescribed appointer; 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 Contractor Subcontractor must not at any time, without the written consent of the CommonwealthContractor, divulge or suffer 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 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 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 Subcontractor’s obligations in respect of the Information apply to any subsequent proceedings before a court, arbitrator, expert or tribunal; notwithstanding the Subcontractor’s obligations in respect of the Information, the Contractor has absolute discretion to divulge or permit its servants, subcontractors or agents to divulge to any person the Information; the Contractor 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 Subcontractor or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation; and any Information which the Commonwealth 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 Commonwealth's 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 Contractor Subconsultant agrees with the Commonwealth Consultant that: a payment claim submitted to the Contract Administrator Consultant's Representative under clause 12.2 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 Contract Administrator Consultant's Representative as agent for the CommonwealthConsultant; unless otherwise notified to the Contractor by the Commonwealth in writing, the Contract Administrator Consultant's Representative will give payment statements and carry out all other functions of the Commonwealth Consultant under the relevant Security of Payment Legislation as the agent of the CommonwealthConsultant (without affecting the Consultant'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 12.2(a11.2(a) and 12.2(b11.2(b) on which the Contractor Subconsultant has satisfied the requirements of clause 12.311.3; 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 Contract Administrator Consultant's Representative to state in a payment statement issued under the relevant Security of Payment Legislation or otherwise an amount which the Commonwealth Consultant is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Commonwealth Consultant to the Contractor Subconsultant will not prejudice: the Contract AdministratorConsultant's Representative's ability or power to state in a subsequent payment statement an amount which the Commonwealth Consultant is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Commonwealth Consultant to the ContractorSubconsultant; or the CommonwealthConsultant's right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under the Contract Subcontract or otherwise at law or in equity. The Contractor Subconsultant agrees that the amount stated in the payment statement as then payable by the Commonwealth Consultant to the Contractor Subconsultant under clause 12.4(e) 11.4 is, subject to clause 12.1611.12, 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 Contract Subcontract and which the Contractor Subconsultant is entitled to be paid in respect of the ContractSubcontract. The Contractor Subconsultant irrevocably chooses the person specified in the Contract 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 Contractor's Activities Subcontract Services are to be carried out in: the Northern Territory or Western AustraliaTerritory, 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 Contractor Subconsultant must not at any time, without the written consent of the CommonwealthConsultant, divulge or suffer or permit its servants, subcontractors 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 Commonwealth 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 ContractorSubconsultant's obligations in respect of the Information apply to any subsequent proceedings before a court, arbitrator, expert or tribunal; notwithstanding the ContractorSubconsultant's obligations in respect of the Information, the Commonwealth Consultant has absolute discretion to divulge or permit its servants, subcontractors subconsultants or agents to divulge to any person the Information; the Commonwealth Consultant may divulge or permit its servants, subcontractors 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 Subconsultant or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation; and any Information which the Commonwealth 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 CommonwealthConsultant'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 Contractor Consultant agrees with the Commonwealth that: a payment claim submitted to the Contract Administrator Commonwealth's Representative under clause 12.2 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 Contract Administrator Commonwealth's Representative as agent for the Commonwealth; if any of the Services: are not being carried out in Western Australia, unless otherwise notified to the Contractor Consultant by the Commonwealth in writing, the Contract Administrator Commonwealth's Representative will give payment statements and carry out all other functions of the Commonwealth under the relevant Security of Payment Legislation as the agent of the Commonwealth; or are being carried out in Western Australia, unless otherwise notified to the Consultant by the Commonwealth in writing, the Commonwealth's Representative will give payment statements and carry out all other functions of the Commonwealth under the relevant Security of Payment Legislation (including receiving adjudication applications) as the agent of the 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 12.2(a(a) and 12.2(b(b) on which the Contractor Consultant has satisfied the requirements of clause 12.3(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 Contract Administrator Commonwealth's Representative to state set out in a payment statement issued under the relevant Security of Payment Legislation or otherwise an amount which the Commonwealth is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable to the Consultant by the Commonwealth to the Contractor will not prejudice: the Contract AdministratorCommonwealth's Representative's ability or power to state set out in a subsequent payment statement an amount which the Commonwealth is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable to the Consultant by the Commonwealth to the ContractorCommonwealth; or the Commonwealth's right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under the Contract or otherwise at law or in equitythis Contract. The Contractor Consultant agrees that the amount stated set out in the payment statement as then payable by the Commonwealth to the Contractor under in accordance with clause 12.4(e(f) is, subject to clause 12.16, 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 Contract and this Contract, which the Contractor Consultant is entitled to be paid in respect of the Contract. The Contractor Consultant irrevocably chooses the person specified set out in the Contract 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 Contractor's Activities Services are to be carried out in: the Northern Territory or Western Australia, the appointed adjudicator or, where there is no appointed adjudicator, the prescribed appointer; or any other State or Territory (other than Queensland) in which Security of Payment Legislation applies, the authorised nominating authority. The Contractor Consultant must not at any time, without the written consent of the Commonwealth, divulge or suffer or permit its servants, subcontractors 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 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 ContractorConsultant'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 ContractorConsultant's obligations obligation in respect of the Information, the Commonwealth has absolute discretion to divulge or permit its servants, subcontractors or agents to may divulge to any person the Information; the Commonwealth may divulge or suffer or permit its servants, subcontractors 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 Consultant or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation; and any Information which the 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 Commonwealth'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 Contractor agrees with the Commonwealth that: a payment claim submitted to the Contract Administrator under clause 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 Contract Administrator as agent for the Commonwealth; unless otherwise notified to the Contractor by the Commonwealth in writing, the Contract Administrator will give payment statements and carry out all other functions of the Commonwealth under the relevant Security of Payment Legislation as the agent of the 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 12.2(a) and 12.2(b) on which the Contractor has satisfied the requirements of clause 12.312.3(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 Contract Administrator to state in a payment statement issued under the relevant Security of Payment Legislation or otherwise an amount which the Commonwealth is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Commonwealth to the Contractor will not prejudice: the Contract Administrator's ability or power to state in a subsequent payment statement an amount which the Commonwealth is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Commonwealth to the Contractor; or the Commonwealth's right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under the Contract or otherwise at law or in equity. The Contractor agrees that the amount stated in the payment statement as then payable by the Commonwealth to the Contractor under clause 12.4(e) is, subject to clause 12.16, 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 Contract and which the Contractor is entitled to be paid in respect of the Contract. The Contractor irrevocably chooses the person specified in the Contract 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 Contractor's Activities are to be carried out in: the Northern Territory or Western Australia, the appointed adjudicator or, where there is no appointed adjudicator, the prescribed appointer; or any other State or Territory (other than Queensland) in which Security of Payment Legislation applies, the authorised nominating authority. The Contractor must not at any time, without the written consent of the Commonwealth, divulge or suffer 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 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; and any Information which the 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 Commonwealth'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 Contractor agrees with the Commonwealth that: a payment claim submitted to the Contract Administrator PDS Contractor under clause 12.2 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 Contract Administrator PDS Contractor as agent for the Commonwealth; unless otherwise notified to the Contractor by the Commonwealth in writing, the Contract Administrator PDS Contractor will give payment statements and carry out all other functions of the Commonwealth under the relevant Security of Payment Legislation as the agent of the 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 12.2(aclause (a) and 12.2(b(b) on which the Contractor has satisfied the requirements of clause 12.3(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 Contract Administrator PDS Contractor to state in a payment statement issued under the relevant Security of Payment Legislation or otherwise an amount which the Commonwealth is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Commonwealth to the Contractor will not prejudice: the Contract AdministratorPDS Contractor's ability or power to state in a subsequent payment statement an amount which the Commonwealth is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Commonwealth to the Contractor; or the Commonwealth's right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under the Contract or otherwise at law or in equity. The 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 12.4(e(e) is, subject to clause 12.1611.14, 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 Contract and which the Contractor is entitled to be paid in respect of the Contract. The Contractor irrevocably chooses the person specified in the Contract 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 Contractor's Activities are to be carried out in: the Northern Territory or Western Australia, the appointed adjudicator or, where there is no appointed adjudicator, the prescribed appointer; or any other State or Territory (other than Queensland) in which Security of Payment Legislation applies, the authorised nominating authority. The Contractor must not at any time, without the written consent of the Commonwealth, divulge or suffer 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 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; and any Information which the 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 Commonwealth'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 Contractor Consultant agrees with the Commonwealth that: a payment claim submitted to the Contract Administrator Commonwealth's Representative under clause 12.2 9.2 which also purports to be (or is at law) a payment claim under the relevant Security of Payment Legislation is received by the Contract Administrator Commonwealth's Representative as agent for the Commonwealth; unless otherwise notified to the Contractor Consultant by the Commonwealth in writing, the Contract Administrator Commonwealth's Representative will give payment statements and carry out all other functions of the Commonwealth under the relevant Security of Payment Legislation as the agent of the 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 12.2(a9.2(a) and 12.2(b9.2(b) on which the Contractor Consultant has satisfied the requirements of clause 12.39.3(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 Contract Administrator Commonwealth's Representative to state set out in a payment statement issued under the relevant Security of Payment Legislation or otherwise an amount which the Commonwealth is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable to the Consultant by the Commonwealth to the Contractor will not prejudice: the Contract AdministratorCommonwealth's Representative's ability or power to state set out in a subsequent payment statement an amount which the Commonwealth is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable to the Consultant by the Commonwealth to the ContractorCommonwealth; or the Commonwealth's right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under the Contract or otherwise at law or in equitythis Contract. The Contractor Consultant agrees that the amount stated set out in the payment statement as then payable by the Commonwealth to the Contractor under in accordance with clause 12.4(e9.4(f) is, subject to clause 12.16, 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 Contract and this Contract, which the Contractor Consultant is entitled to be paid in respect of the Contract. The Contractor Consultant irrevocably chooses the person specified set out in the Contract 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 Contractor's Activities Services are to be carried out in: the Northern Territory or Western Australia, the appointed adjudicator or, where there is no appointed adjudicator, the prescribed appointer; or any other State or Territory (other than Queensland) in which Security of Payment Legislation applies, the authorised nominating authority. The Contractor Consultant must not at any time, without the written consent of the Commonwealth, divulge or suffer or permit its servants, subcontractors 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 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 ContractorConsultant'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 ContractorConsultant's obligations obligation in respect of the Information, the Commonwealth has absolute discretion to divulge or permit its servants, subcontractors or agents to may divulge to any person the Information; the Commonwealth may divulge or suffer or permit its servants, subcontractors 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 Consultant or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation; and any Information which the 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 Commonwealth'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 Contractor Consultant agrees with the Commonwealth Contractor that: a payment claim submitted to the Contract Administrator Contractor's Representative under clause 12.2 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 Contract Administrator Contractor's Representative as agent for the CommonwealthContractor; unless otherwise notified to the Contractor Consultant by the Commonwealth Contractor in writing, the Contract Administrator Contractor's Representative will give payment statements and carry out all other functions of the Commonwealth Contractor under the relevant Security of Payment Legislation as the agent of the CommonwealthContractor; 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 12.2(a11.2(a) and 12.2(b11.2(b) on which the Contractor Consultant has satisfied the requirements of clause 12.311.3; 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 Contract Administrator Contractor's Representative to state in a payment statement issued under the relevant Security of Payment Legislation or otherwise an amount which the Commonwealth Contractor is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Commonwealth Contractor to the Contractor Consultant will not prejudice: the Contract AdministratorContractor's Representative's ability or power to state in a subsequent payment statement an amount which the Commonwealth Contractor is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Commonwealth Contractor to the ContractorConsultant; or the CommonwealthContractor's right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under the Contract Subcontract or otherwise at law or in equity. The Contractor Consultant agrees that the amount stated in the payment statement as then payable by the Commonwealth to the Contractor in a payment statement under clause 12.4(e) 11.4 is, subject to clause 12.1611.12, 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 Contract Subcontract and which the Contractor Consultant is entitled to be paid in respect of the ContractSubcontract. The Contractor Consultant irrevocably chooses the person specified in the Contract 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 Contractor's Activities Services are to be carried out in: the Northern Territory or Western Australia, the appointed adjudicator or, where there is no appointed adjudicator, the prescribed appointer; or any other State or Territory (other than Queensland) in which Security of Payment Legislation applies, the authorised nominating authority. The Contractor Consultant must not at any time, without the written consent of the CommonwealthContractor, divulge or suffer 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 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 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 Commonwealth 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 CommonwealthContractor'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 Contractor Subcontractor agrees with the Commonwealth Contractor that: a payment claim submitted to the Contract Administrator Contractor’s Representative under clause 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 Contract Administrator Contractor’s Representative as agent for the CommonwealthContractor; unless otherwise notified to the Contractor Subcontractor by the Commonwealth Contractor in writing, the Contract Administrator Contractor’s Representative will give payment statements and carry out all other functions of the Commonwealth Contractor under the relevant Security of Payment Legislation as the agent of the CommonwealthContractor; 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 12.2(a) and 12.2(b) on which the Contractor Subcontractor has satisfied the requirements of clause 12.3; 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 Contract Administrator Contractor’s Representative to state in a payment statement issued under the relevant Security of Payment Legislation or otherwise an amount which the Commonwealth Contractor is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Commonwealth Contractor to the Contractor Subcontractor will not prejudice: the Contract Administrator's Contractor’s Representative’s ability or power to state in a subsequent payment statement an amount which the Commonwealth Contractor is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Commonwealth Contractor to the ContractorSubcontractor; or the Commonwealth's Contractor’s right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under the Contract Subcontract or otherwise at law or in equity. The Contractor Subcontractor agrees that the amount stated in the payment statement as then payable by the Commonwealth Contractor to the Contractor Subcontractor under clause 12.4(e) is, subject to clause 12.16, 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 Contract Subcontract and which the Contractor Subcontractor is entitled to be paid in respect of the ContractSubcontract. The Contractor Subcontractor irrevocably chooses the person specified in the Contract 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 Contractor's Subcontractor’s Activities are to be carried out in: the Northern Territory or Western Australia, the appointed adjudicator or, where there is no appointed adjudicator, the prescribed appointer; or any other State or Territory (other than Queensland) in which Security of Payment Legislation applies, the authorised nominating authority. The Contractor Subcontractor must not at any time, without the written consent of the CommonwealthContractor, divulge or suffer 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 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 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 Subcontractor’s obligations in respect of the Information apply to any subsequent proceedings before a court, arbitrator, expert or tribunal; notwithstanding the Subcontractor’s obligations in respect of the Information, the Contractor has absolute discretion to divulge or permit its servants, subsubcontractors or agents to divulge to any person the Information; the Contractor 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 Subcontractor or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation; and any Information which the Commonwealth 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 Commonwealth's 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 Contractor Consultant agrees with the Commonwealth Contractor that: a payment claim submitted to the Contract Administrator Contractor's Representative under clause 12.2 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 Contract Administrator Contractor's Representative as agent for the CommonwealthContractor; unless otherwise notified to the Contractor Consultant by the Commonwealth Contractor in writing, the Contract Administrator Contractor's Representative will give payment statements and carry out all other functions of the Commonwealth Contractor under the relevant Security of Payment Legislation as the agent of the CommonwealthContractor; 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 12.2(a10.2(a) and 12.2(b(b) on which the Contractor Consultant has satisfied the requirements of clause 12.310.3(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 Contract Administrator 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 Commonwealth Contractor is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable to the Consultant by the Commonwealth to the Contractor will not prejudice: the Contract AdministratorContractor's Representative 's ability or power to state set out in a subsequent payment statement an amount which the Commonwealth Contractor is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable to the Consultant by the Commonwealth to the Contractor; or the CommonwealthContractor's right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under the Contract or otherwise at law or in equitythis Subcontract. The Contractor Consultant agrees that the amount stated set out in the payment statement as then payable by the Commonwealth to the Contractor under in accordance with clause 12.4(e10.4(f) is, subject to clause 12.16, 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 Contract and this Subcontract, which the Contractor Consultant is entitled to be paid in respect of the ContractSubcontract. The Contractor Consultant irrevocably chooses the person specified set out in the Contract 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 Contractor's Activities Services are to be carried out in: the Northern Territory or Western Australia, the appointed adjudicator or, where there is no appointed adjudicator, the prescribed appointer; or any other State or Territory (other than Queensland) in which Security of Payment Legislation applies, the authorised nominating authority. The Contractor Consultant must not at any time, without the written consent of the CommonwealthContractor, divulge or suffer 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 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 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: the Consultant's obligation in respect of the Information applies in respect of any subsequent proceedings before a court, arbitrator, expert or tribunal save where the Consultant is unable by requirement of law to comply with its obligation in respect of the Information; notwithstanding the Consultant's obligation in respect of the Information, the Contractor has sole and unfettered discretion to divulge or suffer or permit its servants or agents to divulge to any person the Information; the Contractor may 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 Consultant or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation; and any Information which the Commonwealth 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 CommonwealthContractor'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 Contractor Subcontractor agrees with the Commonwealth Contractor that: a payment claim submitted to the Contract Administrator Contractor's Representative under clause 12.2 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 Contract Administrator Contractor's Representative as agent for the CommonwealthContractor; unless otherwise notified to the Contractor Subcontractor by the Commonwealth Contractor in writing, the Contract Administrator Contractor's Representative will give payment statements and carry out all other functions of the Commonwealth Contractor under the relevant Security of Payment Legislation as the agent of the CommonwealthContractor; 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 12.2(a11.2(a) and 12.2(b11.2(b) on which the Contractor Subcontractor has satisfied the requirements of clause 12.311.3; 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 Contract Administrator Contractor's Representative to state in a payment statement issued under the relevant Security of Payment Legislation or otherwise an amount which the Commonwealth Contractor is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Commonwealth Contractor to the Contractor Subcontractor will not prejudice: the Contract AdministratorContractor's Representative's ability or power to state in a subsequent payment statement an amount which the Commonwealth Contractor is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Commonwealth Contractor to the ContractorSubcontractor; or the CommonwealthContractor's right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under the Contract Subcontract or otherwise at law or in equity. The Contractor Subcontractor agrees that the amount stated in the payment statement as then payable by the Commonwealth to the Contractor in a payment statement under clause 12.4(e11.4(e) is, subject to clause 12.1611.14, 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 Contract Subcontract and which the Contractor Subcontractor is entitled to be paid in respect of the ContractSubcontract. The Contractor Subcontractor irrevocably chooses the person specified in the Contract 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 ContractorSubcontractor's Activities are to be carried out in: the Northern Territory or Western Australia, the appointed adjudicator or, where there is no appointed adjudicator, the prescribed appointer; or any other State or Territory (other than Queensland) in which Security of Payment Legislation applies, the authorised nominating authority. The Contractor Subcontractor must not at any time, without the written consent of the CommonwealthContractor, divulge or suffer 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 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 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 Subcontractor's obligations in respect of the Information apply to any subsequent proceedings before a court, arbitrator, expert or tribunal; notwithstanding the Subcontractor's obligations in respect of the Information, the Contractor has absolute discretion to divulge or permit its servants, subcontractors or agents to divulge to any person the Information; the Contractor 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 Subcontractor or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation; and any Information which the Commonwealth 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 CommonwealthContractor'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 Contractor Subcontractor agrees with the Commonwealth Contractor that: a payment claim submitted to the Contract Administrator Contractor's Representative under clause 12.2 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 Contract Administrator Contractor's Representative as agent for the CommonwealthContractor; unless otherwise notified to the Contractor Subcontractor by the Commonwealth Contractor in writing, the Contract Administrator Contractor's Representative will give payment statements and carry out all other functions of the Commonwealth Contractor under the relevant Security of Payment Legislation as the agent of the CommonwealthContractor; 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 12.2(a11.2(a) and 12.2(b11.2(b) on which the Contractor Subcontractor has satisfied the requirements of clause 12.311.3(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 Contract Administrator Contractor's Representative to state in a payment statement issued under the relevant Security of Payment Legislation or otherwise an amount which the Commonwealth Contractor is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Commonwealth Contractor to the Contractor Subcontractor will not prejudice: the Contract AdministratorContractor's Representative's ability or power to state in a subsequent payment statement an amount which the Commonwealth Contractor is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Commonwealth Contractor to the ContractorSubcontractor; or the CommonwealthContractor's right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under the Contract Subcontract or otherwise at law or in equity. The Contractor Subcontractor agrees that the amount stated in the payment statement as then payable by the Commonwealth to the Contractor in a payment statement under clause 12.4(e11.4(e) is, subject to clause 12.1611.14, 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 Contract Subcontract and which the Contractor Subcontractor is entitled to be paid in respect of the ContractSubcontract. The Contractor Subcontractor irrevocably chooses the person specified in the Contract 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 ContractorSubcontractor's Activities are to be carried out in: the Northern Territory or Western Australia, the appointed adjudicator or, where there is no appointed adjudicator, the prescribed appointer; 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 Contractor Subcontractor must not at any time, without the written consent of the CommonwealthContractor, divulge or suffer 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 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 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 Subcontractor's obligations in respect of the Information apply to any subsequent proceedings before a court, arbitrator, expert or tribunal; notwithstanding the Subcontractor's obligations in respect of the Information, the Contractor has absolute discretion to divulge or permit its servants, subcontractors or agents to divulge to any person the Information; the Contractor 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 Subcontractor or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation; and any Information which the Commonwealth 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 CommonwealthContractor'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 Contractor agrees with the Commonwealth that: a payment claim submitted to the Contract Administrator under clause 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 Contract Administrator as agent for the Commonwealth; if: any of the Remediation Works are being carried out in Western Australia - unless otherwise notified to the Contractor by the Commonwealth in writing, the Contract Administrator will give payment statements and carry out all other functions of the Commonwealth under the relevant Security of Payment Legislation (including receiving adjudication applications) as the agent of the Commonwealth; or no Remediation Works are being carried out in Western Australia - unless otherwise notified to the Contractor by the Commonwealth in writing, the Contract Administrator will give payment statements and carry out all other functions of the Commonwealth under the relevant Security of Payment Legislation as the agent of the 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 12.2(a) and 12.2(b) on which the Contractor has satisfied the requirements of clause 12.312.3(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 Contract Administrator to state in a payment statement issued under the relevant Security of Payment Legislation or otherwise an amount which the Commonwealth is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Commonwealth to the Contractor will not prejudice: the Contract Administrator's ability or power to state in a subsequent payment statement an amount which the Commonwealth is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Commonwealth to the Contractor; or the Commonwealth's right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under the Contract or otherwise at law or in equity. The Contractor agrees that the amount stated in the payment statement as then payable by the Commonwealth to the Contractor under clause 12.4(e) is, subject to clause 12.16, 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 Contract and which the Contractor is entitled to be paid in respect of the Contract. The Contractor irrevocably chooses the person specified in the Contract 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 Contractor's Activities are to be carried out in: the Northern Territory or Western Australia, the appointed adjudicator or, where there is no appointed adjudicator, the prescribed appointer; or any other State or Territory (other than Queensland) in which Security of Payment Legislation applies, the authorised nominating authorityauthority or adjudication registry. The Contractor must not at any time, without the written consent of the Commonwealth, divulge or suffer 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 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; and any Information which the 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 Commonwealth'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 Contractor Consultant agrees with the Commonwealth that: a payment claim submitted to the Contract Administrator Commonwealth's Representative under clause 12.2 29.2 which also purports to be (or is at law) a payment claim under the relevant Security of Payment Legislation is received by the Contract Administrator Commonwealth's Representative as agent for the Commonwealth; if any of the Services: are not being carried out in Western Australia, unless otherwise notified to the Contractor Consultant by the Commonwealth in writing, the Contract Administrator Commonwealth's Representative will give payment statements and carry out all other functions of the Commonwealth under the relevant Security of Payment Legislation as the agent of the Commonwealth; or are being carried out in Western Australia, unless otherwise notified to the Consultant by the Commonwealth in writing, the Commonwealth's Representative will give payment statements and carry out all other functions of the Commonwealth under the relevant Security of Payment Legislation (including receiving adjudication applications) as the agent of the 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 12.2(a29.2(a) and 12.2(b29.2(b) on which the Contractor Consultant has satisfied the requirements of clause 12.329.3(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 Contract Administrator Commonwealth's Representative to state set out in a payment statement issued under the relevant Security of Payment Legislation or otherwise an amount which the Commonwealth is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable to the Consultant by the Commonwealth to the Contractor will not prejudice: the Contract AdministratorCommonwealth's Representative's ability or power to state set out in a subsequent payment statement an amount which the Commonwealth is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable to the Consultant by the Commonwealth to the ContractorCommonwealth; or the Commonwealth's right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under the Contract or otherwise at law or in equitythis Contract. The Contractor Consultant agrees that the amount stated set out in the payment statement as then payable by the Commonwealth to the Contractor under in accordance with clause 12.4(e29.4(f) is, subject to clause 12.16, 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 Contract and this Contract, which the Contractor Consultant is entitled to be paid in respect of the Contract. The Contractor Consultant irrevocably chooses the person specified set out in the Contract 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 Contractor's Activities Services are to be carried out in: the Northern Territory or Western Australia, the appointed adjudicator or, where there is no appointed adjudicator, the prescribed appointer; or any other State or Territory (other than Queensland) in which Security of Payment Legislation applies, the authorised nominating authority. The Contractor Consultant must not at any time, without the written consent of the Commonwealth, divulge or suffer or permit its servants, subcontractors 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 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 ContractorConsultant'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 ContractorConsultant's obligations obligation in respect of the Information, the Commonwealth has absolute discretion to divulge or permit its servants, subcontractors or agents to may divulge to any person the Information; the Commonwealth may divulge or suffer or permit its servants, subcontractors 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 Consultant or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation; and any Information which the 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 Commonwealth'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 Contractor agrees with the Commonwealth that: a payment claim submitted to the Contract Administrator under clause 12.2 which also purports to be (or is at by law) a payment claim under the relevant Security of Payment Legislation is received by the Contract Administrator as agent for the Commonwealth; unless otherwise notified to the Contractor by the Commonwealth in writing, the Contract Administrator will give payment statements and carry out all other functions of the Commonwealth under the relevant Security of Payment Legislation as the agent of the 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 12.2(a) and 12.2(b) on which the Contractor has satisfied the requirements of clause 12.312.3(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 Contract Administrator to state set out in a payment statement issued under the relevant Security of Payment Legislation or otherwise an amount which the Commonwealth is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable to the Contractor by the Commonwealth to the Contractor will not prejudice: the Contract Administrator's ability or power to state set out in a subsequent payment statement an amount which the Commonwealth is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable to the Contractor by the Commonwealth to the ContractorCommonwealth; or the Commonwealth's right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under the Contract or otherwise at law or in equitythis Contract. The Contractor agrees that the amount stated set out in the payment statement as then payable by the Commonwealth to the Contractor under in accordance with clause 12.4(e12.4(f) is, subject to clause 12.16, 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 Contract and this Contract, which the Contractor is entitled to be paid in respect of the Contract. The Contractor irrevocably chooses the person specified set out in the Contract 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 Contractor's Activities are to be carried out in: the Northern Territory or Western Australia, the appointed adjudicator or, where there is no appointed adjudicator, the prescribed appointer; or any other State or Territory (other than Queensland) in which Security of Payment Legislation applies, the authorised nominating authority. The Contractor must not at any time, without the written consent of the Commonwealth, divulge or suffer 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 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 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 Contractor is unable by requirement of law to comply with its obligation in respect of the Information; notwithstanding the Contractor's obligations obligation in respect of the Information, the Commonwealth has absolute sole and unfettered discretion to divulge or suffer or permit its servants, subcontractors or agents to divulge to any person the Information; the Commonwealth may divulge or suffer 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; and any Information which the 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 Commonwealth's right to vary, modify, supplement or withdraw the Information in any subsequent proceedings before a court, arbitrator, expert or tribunal. Without limiting clauses 3.10 and 12.2, for the purposes of assisting the Commonwealth to report on an accrual basis, the Contractor must, with each payment claim under clause 12.2, provide the Contract Administrator with accurate information which apportions monthly costs against buildings, infrastructure and expenses for all work completed in the previous month, in a format approved by the Contract Administrator. Without limiting clauses 3.10 and 12.2, for the purposes of assisting the Commonwealth to bring all completed facilities and infrastructure to account, as a condition precedent to Completion of the Works or a Stage, the Contractor must provide a cost report to the Contract Administrator which sets out: details of the Contract Price (or part) paid in respect of the Works or the Stage; the matters specified in the Contract Particulars; and any other matters required by the Contract Administrator.

Security of Payment Legislation. The Contractor Subcontractor agrees with the Commonwealth Contractor that: a payment claim submitted to the Contract Administrator Contractor's Representative under clause 12.2 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 Contract Administrator Contractor's Representative as agent for the CommonwealthContractor; unless otherwise notified to the Contractor Subcontractor by the Commonwealth Contractor in writing, the Contract Administrator Contractor's Representative will give payment statements and carry out all other functions of the Commonwealth Contractor under the relevant Security of Payment Legislation as the agent of the CommonwealthContractor; 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 12.2(aclause 11.2(a) and 12.2(b11.2(b) on which the Contractor Subcontractor has satisfied the requirements of clause 12.311.3(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 Contract Administrator 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 Commonwealth Contractor is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable to the Subcontractor by the Commonwealth to the Contractor will not prejudice: the Contract AdministratorContractor's Representative's ability or power to state set out in a subsequent payment statement an amount which the Commonwealth Contractor is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable to the Subcontractor by the Commonwealth to the Contractor; or the CommonwealthContractor's right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under the Contract or otherwise at law or in equitythis Subcontract. The Contractor Subcontractor agrees that the amount stated set out in the payment statement as then payable by the Commonwealth to the Contractor under in accordance with clause 12.4(e11.4(f) is, subject to clause 12.16, 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 Contract and this Subcontract, which the Contractor Subcontractor is entitled to be paid in respect of the ContractSubcontract. The Contractor Subcontractor irrevocably chooses the person specified set out in the Contract 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 ContractorSubcontractor's Activities are to be carried out in: the Northern Territory or Western Australia, the appointed adjudicator or, where there is no appointed adjudicator, the prescribed appointer; or any other State or Territory (other than Queensland) in which Security of Payment Legislation applies, the authorised nominating authority. The Contractor Subcontractor must not at any time, without the written consent of the CommonwealthContractor, divulge or suffer 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 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 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: the Subcontractor's obligation in respect of the Information applies in respect of any subsequent proceedings before a court, arbitrator, expert or tribunal save where the Subcontractor is unable by requirement of law to comply with its obligation in respect of the Information; notwithstanding the Subcontractor's obligation in respect of the Information, the Contractor has sole and unfettered discretion to divulge or suffer or permit its servants, subcontractors or agents to divulge to any person the Information; the Contractor may divulge or suffer 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 Subcontractor or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation; and any Information which the Commonwealth 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 CommonwealthContractor'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 Contractor agrees with the Commonwealth that: a payment claim submitted to the Contract Administrator PDS Contractor under clause 12.2 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 Contract Administrator PDS Contractor as agent for the Commonwealth; unless otherwise notified to the Contractor by the Commonwealth in writing, the Contract Administrator PDS Contractor will give payment statements and carry out all other functions of the Commonwealth under the relevant Security of Payment Legislation as the agent of the 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 12.2(aclause 11.2(a) and 12.2(b11.2(b) on which the Contractor has satisfied the requirements of clause 12.311.3(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 Contract Administrator PDS Contractor to state in a payment statement issued under the relevant Security of Payment Legislation or otherwise an amount which the Commonwealth is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Commonwealth to the Contractor will not prejudice: the Contract AdministratorPDS Contractor's ability or power to state in a subsequent payment statement an amount which the Commonwealth is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Commonwealth to the Contractor; or the Commonwealth's right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under the Contract or otherwise at law or in equity. The 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 12.4(e11.4(e) is, subject to clause 12.1611.14, 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 Contract and which the Contractor is entitled to be paid in respect of the Contract. The Contractor irrevocably chooses the person specified in the Contract 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 Contractor's Activities are to be carried out in: the Northern Territory or Western Australia, the appointed adjudicator or, where there is no appointed adjudicator, the prescribed appointer; or any other State or Territory (other than Queensland) in which Security of Payment Legislation applies, the authorised nominating authorityauthority or adjudication registry. The Contractor must not at any time, without the written consent of the Commonwealth, divulge or suffer 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 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; and any Information which the 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 Commonwealth'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 Contractor Consultant agrees with the Commonwealth Contractor that: a payment claim submitted to the Contract Administrator Contractor's Representative under clause 12.2 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 Contract Administrator Contractor's Representative as agent for the CommonwealthContractor; unless otherwise notified to the Contractor Consultant by the Commonwealth Contractor in writing, the Contract Administrator Contractor's Representative will give payment statements and carry out all other functions of the Commonwealth Contractor under the relevant Security of Payment Legislation as the agent of the CommonwealthContractor; 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 12.2(a10.2(a) and 12.2(b10.2(b) on which the Contractor Consultant has satisfied the requirements of clause 12.310.3(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 Contract Administrator 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 Commonwealth Contractor is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable to the Consultant by the Commonwealth to the Contractor will not prejudice: the Contract AdministratorContractor's Representative's ability or power to state set out in a subsequent payment statement an amount which the Commonwealth Contractor is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable to the Consultant by the Commonwealth to the Contractor; or the CommonwealthContractor's right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under the Contract this Subcontract or otherwise at law or in equity. The Contractor Consultant agrees that the amount stated set out in the payment statement as then payable by the Commonwealth to the Contractor under in accordance with clause 12.4(e10.4(f) is, subject to clause 12.16, 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 Contract and this Subcontract, which the Contractor Consultant is entitled to be paid in respect of the ContractSubcontract. The Contractor Consultant irrevocably chooses the person specified set out in the Contract 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 Contractor's Activities Services are to be carried out in: the Northern Territory or Western Australia, the appointed adjudicator or, where there is no appointed adjudicator, the prescribed appointer; or any other State or Territory (other than Queensland) in which Security of Payment Legislation applies, the authorised nominating authority. The Contractor Consultant must not at any time, without the written consent of the CommonwealthContractor, divulge or suffer 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 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 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: the Consultant's obligation in respect of the Information applies in respect of any subsequent proceedings before a court, arbitrator, expert or tribunal save where the Consultant is unable by requirement of law to comply with its obligation in respect of the Information; notwithstanding the Consultant's obligation in respect of the Information, the Contractor may divulge to any person the Information; the Contractor may 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 Consultant or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation; and any Information which the Commonwealth 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 CommonwealthContractor'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 Contractor agrees with the Commonwealth that: a payment claim submitted to the Contract Administrator PDS Contractor under clause 12.2 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 Contract Administrator PDS Contractor as agent for the Commonwealth; unless otherwise notified to the Contractor by the Commonwealth in writing, the Contract Administrator PDS Contractor will give payment statements and carry out all other functions of the Commonwealth under the relevant Security of Payment Legislation as the agent of the 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 12.2(aclause 11.2(a) and 12.2(b11.2(b) on which the Contractor has satisfied the requirements of clause 12.311.3(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 Contract Administrator PDS Contractor to state in a payment statement issued under the relevant Security of Payment Legislation or otherwise an amount which the Commonwealth is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Commonwealth to the Contractor will not prejudice: the Contract AdministratorPDS Contractor's ability or power to state in a subsequent payment statement an amount which the Commonwealth is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Commonwealth to the Contractor; or the Commonwealth's right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under the Contract or otherwise at law or in equity. The 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 12.4(e11.4(e) is, subject to clause 12.1611.14, 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 Contract and which the Contractor is entitled to be paid in respect of the Contract. The Contractor irrevocably chooses the person specified in the Contract 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 Contractor's Activities are to be carried out in: the Northern Territory or Western Australia, the appointed adjudicator or, where there is no appointed adjudicator, the prescribed appointer; or any other State or Territory (other than Queensland) in which Security of Payment Legislation applies, the authorised nominating authority. The Contractor must not at any time, without the written consent of the Commonwealth, divulge or suffer 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 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; and any Information which the 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 Commonwealth'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 Contractor Subcontractor agrees with the Commonwealth Contractor that: a payment claim submitted to the Contract Administrator Contractor's Representative under clause 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 Contract Administrator Contractor's Representative as agent for the CommonwealthContractor; unless otherwise notified to the Contractor Subcontractor by the Commonwealth Contractor in writing, the Contract Administrator Contractor's Representative will give payment statements and carry out all other functions of the Commonwealth Contractor under the relevant Security of Payment Legislation as the agent of the CommonwealthContractor; 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 12.2(a) and 12.2(b) on which the Contractor Subcontractor has satisfied the requirements of clause 12.312.3(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 Contract Administrator 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 Commonwealth Contractor is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable to the Subcontractor by the Commonwealth to the Contractor will not prejudice: the Contract AdministratorContractor's Representative's ability or power to state set out in a subsequent payment statement an amount which the Commonwealth Contractor is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable to the Subcontractor by the Commonwealth to the Contractor; or the CommonwealthContractor's right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under the Contract or otherwise at law or in equitythis Subcontract. The Contractor Subcontractor agrees that the amount stated set out in the payment statement as then payable by the Commonwealth to the Contractor under in accordance with clause 12.4(e12.4(f) is, subject to clause 12.16, 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 Contract and this Subcontract, which the Contractor Subcontractor is entitled to be paid in respect of the ContractSubcontract. The Contractor Subcontractor irrevocably chooses the person specified set out in the Contract 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 ContractorSubcontractor's Activities are to be carried out in: the Northern Territory or Western Australia, the appointed adjudicator or, where there is no appointed adjudicator, the prescribed appointer; or any other State or Territory (other than Queensland) in which Security of Payment Legislation applies, the authorised nominating authority. The Contractor Subcontractor must not at any time, without the written consent of the CommonwealthContractor, divulge or suffer 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 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 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: the Subcontractor's obligation in respect of the Information applies in respect of any subsequent proceedings before a court, arbitrator, expert or tribunal save where the Subcontractor is unable by requirement of law to comply with its obligation in respect of the Information; notwithstanding the Subcontractor's obligation in respect of the Information, the Contractor has sole and unfettered discretion to divulge or suffer or permit its servants, subcontractors or agents to divulge to any person the Information; the Contractor may divulge or suffer 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 Subcontractor or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation; and any Information which the Commonwealth 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 CommonwealthContractor'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 Contractor Consultant agrees with the Commonwealth Defence that: a payment claim submitted to the Contract Administrator Defence Representative under clause 12.2 3.2 which also purports to be (or is at law) a payment claim under the relevant Security of Payment Legislation is received by the Contract Administrator Defence Representative as agent for the CommonwealthDefence; unless otherwise notified to the Contractor Consultant by the Commonwealth Defence in writing, the Contract Administrator Defence Representative will give payment statements and carry out all other functions of the Commonwealth Defence under the relevant Security of Payment Legislation as the agent of the CommonwealthDefence; 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 12.2(a3.2(a) and 12.2(b3.2(b) on which the Contractor Consultant has satisfied the requirements of clause 12.33.4(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 Contract Administrator Defence Representative to state set out in a payment statement issued under the relevant Security of Payment Legislation or otherwise an amount which the Commonwealth Defence is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Commonwealth to the Contractor Consultant by Defence will not prejudice: the Contract AdministratorDefence Representative's ability or power to state set out in a subsequent payment statement an amount which the Commonwealth Defence is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Commonwealth to the ContractorConsultant by Defence; or the CommonwealthDefence's right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under the Contract or otherwise at law or in equitythis Contract. The Contractor Consultant agrees that the amount stated set out in the payment statement as then payable by the Commonwealth to the Contractor under in accordance with clause 12.4(e3.5(f) is, subject to clause 12.16, 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 Contract and this Contract, which the Contractor Consultant is entitled to be paid in respect of the Contract. The Contractor Consultant irrevocably chooses the person specified set out in the Contract Particulars Letter of Acceptance 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 Contractor's Activities Services are to be carried out in: the Northern Territory or Western Australia, the appointed adjudicator or, where there is no appointed adjudicator, the prescribed appointer; or any other State or Territory (other than Queensland) in which Security of Payment Legislation applies, the authorised nominating authority. The Contractor Consultant must not at any time, without the written consent of the CommonwealthDefence, divulge or suffer or permit its servants, subcontractors subconsultants or agents to divulge to any person any communication, submission or statement made or evidence or information used by or relied upon by Defence or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation (in this clause, the "Information"). For the avoidance of doubt: the Consultant's obligation in respect of the Information applies in respect of any subsequent proceedings before a court, arbitrator, expert or tribunal save where the Consultant is unable by requirement of law to comply with its obligation in respect of the Information; notwithstanding the Consultant's obligation in respect of the Information, the Commonwealth has sole and unfettered discretion to divulge or suffer or permit its servants, subconsultants or agents to divulge to any person the Information; Defence may divulge or suffer 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 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 Consultant or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation; and any Information which the Commonwealth Defence provides or relies upon in respect of an adjudication application made under the relevant Security of Payment Legislation is made without prejudice to the CommonwealthDefence'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 Contractor Consultant agrees with the Commonwealth that: a payment claim submitted to the Contract Administrator under clause 12.2 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 Contract Administrator as agent for the Commonwealth; unless otherwise notified to the Contractor Consultant by the Commonwealth in writing, the Contract Administrator will give payment statements and carry out all other functions of the Commonwealth under the relevant Security of Payment Legislation as the agent of the 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 12.2(a11.2(a) and 12.2(b11.2(b) on which the Contractor Consultant has satisfied the requirements of clause 12.311.3; 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 Contract Administrator to state in a payment statement issued under the relevant Security of Payment Legislation or otherwise an amount which the Commonwealth is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Commonwealth to the Contractor Consultant will not prejudice: the Contract Administrator's ability or power to state in a subsequent payment statement an amount which the Commonwealth is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Commonwealth to the ContractorConsultant; or the Commonwealth's right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under the Contract or otherwise at law or in equity. The Contractor Consultant agrees that the amount stated in the payment statement as then payable by the Commonwealth to the Contractor Consultant under clause 12.4(e) 11.4 is, subject to clause 12.1611.12, 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 Contract and which the Contractor Consultant is entitled to be paid in respect of the Contract. The Contractor Consultant irrevocably chooses the person specified in the 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 Contractor's Activities Services are to be carried out in: the Northern Territory or Western Australia, the appointed adjudicator or, where there is no appointed adjudicator, the prescribed appointer; or any other State or Territory (other than Queensland) in which Security of Payment Legislation applies, the authorised nominating authority. The Contractor Consultant must not at any time, without the written consent of the Commonwealth, divulge or suffer or permit its servants, subcontractors 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 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 ContractorConsultant's obligations in respect of the Information apply to any subsequent proceedings before a court, arbitrator, expert or tribunal; notwithstanding the ContractorConsultant's obligations in respect of the Information, the Commonwealth has absolute discretion to divulge or permit its servants, subcontractors subconsultants or agents to divulge to any person the Information; the Commonwealth may divulge or permit its servants, subcontractors 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 Consultant or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation; and any Information which the 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 Commonwealth'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 Contractor Consultant agrees with the Commonwealth that: a payment claim submitted to the Contract Administrator Commonwealth's Representative under clause 12.2 9.2 which also purports to be (or is at law) a payment claim under the relevant Security of Payment Legislation is received by the Contract Administrator Commonwealth's Representative as agent for the Commonwealth; unless otherwise notified to the Contractor Consultant by the Commonwealth in writing, the Contract Administrator Commonwealth's Representative will give payment statements and carry out all other functions of the Commonwealth under the relevant Security of Payment Legislation as the agent of the 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 12.2(a9.2(a) and 12.2(b9.2(b) on which the Contractor Consultant has satisfied the requirements of clause 12.39.3(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 Contract Administrator Commonwealth's Representative to state set out in a payment statement issued under the relevant Security of Payment Legislation or otherwise an amount which the Commonwealth is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable to the Consultant by the Commonwealth to the Contractor will not prejudice: the Contract AdministratorCommonwealth's Representative's ability or power to state set out in a subsequent payment statement an amount which the Commonwealth is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable to the Consultant by the Commonwealth to the ContractorCommonwealth; or the Commonwealth's right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under the this Contract or otherwise at law or in equity. The Contractor Consultant agrees that the amount stated set out in the payment statement as then payable by the Commonwealth to the Contractor under in accordance with clause 12.4(e9.4(f) is, subject to clause 12.16, 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 Contract and this Contract, which the Contractor Consultant is entitled to be paid in respect of the Contract. The Contractor Consultant irrevocably chooses the person specified set out in the Contract 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 Contractor's Activities Services are to be carried out in: the Northern Territory or Western Australia, the appointed adjudicator or, where there is no appointed adjudicator, the prescribed appointer; or any other State or Territory (other than Queensland) in which Security of Payment Legislation applies, the authorised nominating authority. The Contractor Consultant must not at any time, without the written consent of the Commonwealth, divulge or suffer or permit its servants, subcontractors 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 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 ContractorConsultant'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 ContractorConsultant's obligations obligation in respect of the Information, the Commonwealth has absolute discretion to divulge or permit its servants, subcontractors or agents to may divulge to any person the Information; the Commonwealth may divulge or suffer or permit its servants, subcontractors 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 Consultant or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation; and any Information which the 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 Commonwealth'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 Contractor Consultant agrees with the Commonwealth Principal that: a payment claim submitted to the Contract Administrator Principal’s Representative under clause 12.2 9.2 which also purports to be (or is at law) a payment claim under the relevant Security of Payment Legislation is received by the Contract Administrator Principal’s Representative as agent for the CommonwealthPrincipal; unless otherwise notified to the Contractor Consultant by the Commonwealth Principal in writing, the Contract Administrator Principal’s Representative will give payment statements and carry out all other functions of the Commonwealth Principal under the relevant Security of Payment Legislation as the agent of the CommonwealthPrincipal; 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 12.2(a(a) and 12.2(b(b) on which the Contractor Consultant has satisfied the requirements of clause 12.3(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 Contract Administrator Principal’s Representative to state set out in a payment statement issued under the relevant Security of Payment Legislation or otherwise an amount which the Commonwealth Principal is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable to the Consultant by the Commonwealth to the Contractor Principal will not prejudice: the Contract AdministratorPrincipal’s Representative's ability or power to state set out in a subsequent payment statement an amount which the Commonwealth Principal is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable to the Consultant by the Commonwealth to the ContractorPrincipal; or the CommonwealthPrincipal's right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under the this Contract or otherwise at law or in equitylaw. The Contractor Consultant agrees that the amount stated in the payment statement as then payable by the Commonwealth to the Contractor under Consultant in a payment statement in accordance with clause 12.4(e(f) is, subject to clause 12.16, 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 Contract and this Contract, which the Contractor Consultant is entitled to be paid in respect of the Contract. The Contractor Consultant irrevocably chooses the person specified set out in the Contract 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 Contractor's Activities Services are to be carried out in: the Northern Territory or Western Australia, the appointed adjudicator or, where there is no appointed adjudicator, the prescribed appointer; 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 Contractor Consultant must not at any time, without the written consent of the CommonwealthPrincipal, divulge or suffer or permit its servants, subcontractors 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 Commonwealth Principal 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 ContractorConsultant'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 ContractorConsultant's obligations obligation in respect of the Information, the Commonwealth Principal has absolute discretion to divulge or permit its servants, subcontractors consultants or agents to divulge to any person the Information; the Commonwealth Principal may divulge or suffer or permit its servants, subcontractors 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 Consultant or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation; and any Information which the Commonwealth Principal provides or relies upon in respect of an adjudication application made under the relevant Security of Payment Legislation is made without prejudice to the CommonwealthPrincipal 's right to vary, modify, supplement or withdraw the Information in any subsequent proceedings before a court, arbitrator, expert or tribunal.