Common use of Security of Payment Legislation Clause in Contracts

Security of Payment Legislation. The Consultant agrees with the Commonwealth that: a payment claim submitted to the Commonwealth's Representative under clause 10.2 which also purports to be a payment claim under the relevant Security of Payment Legislation is received by the 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 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 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 10.2(a) and 10.2(b) on which the Consultant has satisfied the requirements of clause 10.3(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 Commonwealth's Representative to 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 be payable to the Consultant by the Commonwealth will not prejudice: the Commonwealth's Representative's ability or power to 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 be payable to the Consultant by the Commonwealth; or the Commonwealth's right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under this Contract. The Consultant agrees that the amount set out in the payment statement in accordance with clause 10.4(f) is, 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 this Contract, which the Consultant is entitled to in respect of the Contract. The Consultant irrevocably chooses the person 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 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 in which Security of Payment Legislation applies, the authorised nominating authority. The Consultant must not at any time, without the written consent of the Commonwealth, 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: 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 may divulge to any person the Information; the Commonwealth 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 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 Consultant Contractor agrees with the Commonwealth that: a payment claim submitted to the Commonwealth's Representative Contract Administrator under clause 10.2 12.2 which also purports to be (or is at law) a payment claim under the relevant Security of Payment Legislation is received by the Commonwealth's Representative Contract Administrator as agent for the Commonwealth; if any of the Services: are not being carried out in Western Australia, unless otherwise notified to the Consultant Contractor by the Commonwealth in writing, the Commonwealth's Representative 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; 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 10.2(a12.2(a) and 10.2(b12.2(b) on which the Consultant Contractor has satisfied the requirements of clause 10.3(a)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 Commonwealth's Representative Contract Administrator to set out 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 to the Consultant by the Commonwealth to the Contractor will not prejudice: the Commonwealth's RepresentativeContract Administrator's ability or power to set out 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 Consultant by the CommonwealthContractor; or the Commonwealth's right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under this Contractthe Contract or otherwise at law or in equity. The Consultant Contractor agrees that the amount set out stated in the payment statement in accordance with as then payable by the Commonwealth to the Contractor under clause 10.4(f12.4(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 this Contract, the Contract and which the Consultant Contractor is entitled to be paid in respect of the Contract. The Consultant Contractor irrevocably chooses the person set out 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 Services 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 Consultant Contractor must not at any time, without the written consent of the Commonwealth, divulge or suffer or permit its servants, subconsultants 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 Consultantextent permitted by law, the Contractor's obligation obligations in respect of the Information applies in respect of apply to 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 Informationtribunal; notwithstanding the ConsultantContractor's obligation obligations in respect of the Information, the Commonwealth may has absolute discretion to divulge or permit its servants, subcontractors or agents to divulge to any person the Information; the Commonwealth may divulge or suffer or permit its servants servants, subcontractors or agents to divulge to any person any communication, submission or statement made or evidence or information used by or relied upon by the Consultant 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 Consultant agrees with the Commonwealth that: a payment claim submitted to the Commonwealth's Representative under clause 10.2 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 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 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 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, (without affecting the Commonwealth's Representative will give payment statements and right to carry out all other those functions of the Commonwealth under the relevant Security of Payment Legislation (including receiving adjudication applications) as the agent of the Commonwealthitself); 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 10.2(a(a) and 10.2(b(b) on which the Consultant has satisfied the requirements of clause 10.3(a(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 Commonwealth's Representative to set out 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 payable by the Commonwealth to the Consultant by the Commonwealth will not prejudice: the Commonwealth's Representative's ability or power to set out 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 payable by the Commonwealth to the Consultant by the CommonwealthConsultant; or the Commonwealth's right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under this ContractContract or otherwise at law or in equity. The Consultant agrees that the amount set out stated in the payment statement in accordance with as then payable by the Commonwealth to the Consultant under clause 10.4(f(f) is, 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 this Contract, Contract and which the Consultant is entitled to be paid in respect of the Contract. The Consultant irrevocably chooses the person set out 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 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 Consultant must not at any time, without the written consent of the Commonwealth, 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 Consultant's obligation obligations in respect of the Information applies in respect of apply to 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 Informationtribunal; notwithstanding the Consultant's obligation obligations in respect of the Information, the Commonwealth may has absolute discretion to divulge or permit its servants, subconsultants or agents to divulge to any person the Information; the Commonwealth may divulge or suffer or permit its servants servants, subconsultants or agents to divulge to any person any communication, submission or statement made or evidence or information used by or relied upon by the 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 Consultant agrees with the Commonwealth that: a payment claim submitted to the Commonwealth's Representative under clause 10.2 29.2 which also purports to be a payment claim under the relevant Security of Payment Legislation is received by the 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 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 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 10.2(a29.2(a) and 10.2(b29.2(b) on which the Consultant has satisfied the requirements of clause 10.3(a29.3(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 Commonwealth's Representative to 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 be payable to the Consultant by the Commonwealth will not prejudice: the Commonwealth's Representative's ability or power to 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 be payable to the Consultant by the Commonwealth; or the Commonwealth's right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under this Contract. The Consultant agrees that the amount set out in the payment statement in accordance with clause 10.4(f29.4(f) is, 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 this Contract, which the Consultant is entitled to in respect of the Contract. The Consultant irrevocably chooses the person 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 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 in which Security of Payment Legislation applies, the authorised nominating authority. The Consultant must not at any time, without the written consent of the Commonwealth, 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: 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 may divulge to any person the Information; the Commonwealth 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 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 Consultant agrees with the Commonwealth that: a payment claim submitted to the Commonwealth's Representative under clause 10.2 9.2 which also purports to be a payment claim under the relevant Security of Payment Legislation is received by the 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 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 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 10.2(a9.2(a) and 10.2(b9.2(b) on which the Consultant has satisfied the requirements of clause 10.3(a9.3(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 Commonwealth's Representative to 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 be payable to the Consultant by the Commonwealth will not prejudice: the Commonwealth's Representative's ability or power to 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 be payable to the Consultant by the Commonwealth; or the Commonwealth's right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under this Contract. The Consultant agrees that the amount set out in the payment statement in accordance with clause 10.4(f9.4(f) is, 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 this Contract, which the Consultant is entitled to in respect of the Contract. The Consultant irrevocably chooses the person 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 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 in which Security of Payment Legislation applies, the authorised nominating authority. The Consultant must not at any time, without the written consent of the Commonwealth, 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: 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 may divulge to any person the Information; the Commonwealth 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 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 Consultant Contractor agrees with the Commonwealth that: a payment claim submitted to the Commonwealth's Representative Contract Administrator under clause 10.2 12.2 which also purports to be (or is by law) a payment claim under the relevant Security of Payment Legislation is received by the Commonwealth's Representative Contract Administrator as agent for the Commonwealth; if any of the Services: are not being carried out in Western Australia, unless otherwise notified to the Consultant Contractor by the Commonwealth in writing, the Commonwealth's Representative 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; 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 10.2(a12.2(a) and 10.2(b12.2(b) on which the Consultant Contractor has satisfied the requirements of clause 10.3(a12.3(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 Commonwealth's Representative Contract Administrator to 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 be payable to the Consultant Contractor by the Commonwealth will not prejudice: the Commonwealth's RepresentativeContract Administrator's ability or power to 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 be payable to the Consultant Contractor by the Commonwealth; or the Commonwealth's right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under this Contract. The Consultant Contractor agrees that the amount set out in the payment statement in accordance with clause 10.4(f12.4(f) is, 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 this Contract, which the Consultant Contractor is entitled to in respect of the Contract. The Consultant Contractor irrevocably chooses the person 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 Services 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 in which Security of Payment Legislation applies, the authorised nominating authority. The Consultant Contractor must not at any time, without the written consent of the Commonwealth, divulge or suffer or permit its servants, subconsultants 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: the ConsultantContractor'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 Contractor is unable by requirement of law to comply with its obligation in respect of the Information; notwithstanding the ConsultantContractor's obligation in respect of the Information, the Commonwealth may has 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 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 Consultant 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. Cost Allocation Advice 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. Facilities and Infrastructure Accounting 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 Consultant Contractor agrees with the Commonwealth that: a payment claim submitted to the Commonwealth's Representative Contract Administrator under clause 10.2 12.2 which also purports to be (or is at law) a payment claim under the relevant Security of Payment Legislation is received by the Commonwealth's Representative Contract Administrator as agent for the Commonwealth; if if: any of the Services: Remediation Works are not being carried out in Western Australia, Australia - unless otherwise notified to the Consultant Contractor 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 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 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 10.2(a12.2(a) and 10.2(b12.2(b) on which the Consultant Contractor has satisfied the requirements of clause 10.3(a12.3(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 Commonwealth's Representative Contract Administrator to set out 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 to the Consultant by the Commonwealth to the Contractor will not prejudice: the Commonwealth's RepresentativeContract Administrator's ability or power to set out 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 Consultant by the CommonwealthContractor; or the Commonwealth's right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under this Contractthe Contract or otherwise at law or in equity. The Consultant Contractor agrees that the amount set out stated in the payment statement in accordance with as then payable by the Commonwealth to the Contractor under clause 10.4(f12.4(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 this Contract, the Contract and which the Consultant Contractor is entitled to be paid in respect of the Contract. The Consultant Contractor irrevocably chooses the person set out 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 Services 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 in which Security of Payment Legislation applies, the authorised nominating authorityauthority or adjudication registry. The Consultant Contractor must not at any time, without the written consent of the Commonwealth, divulge or suffer or permit its servants, subconsultants 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 Consultantextent permitted by law, the Contractor's obligation obligations in respect of the Information applies in respect of apply to 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 Informationtribunal; notwithstanding the ConsultantContractor's obligation obligations in respect of the Information, the Commonwealth may has absolute discretion to divulge or permit its servants, subcontractors or agents to divulge to any person the Information; the Commonwealth may divulge or suffer or permit its servants servants, subcontractors or agents to divulge to any person any communication, submission or statement made or evidence or information used by or relied upon by the Consultant 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 Consultant agrees with the Commonwealth Principal that: a payment claim submitted to the Commonwealth's Principal’s Representative under clause 10.2 9.2 which also purports to be a payment claim under the relevant Security of Payment Legislation is received by the Commonwealth's Principal’s Representative as agent for the CommonwealthPrincipal; if any of the Services: are not being carried out in Western Australia, unless otherwise notified to the Consultant by the Commonwealth Principal in writing, the Commonwealth's 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 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 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 10.2(a9.2(a) and 10.2(b9.2(b) on which the Consultant has satisfied the requirements of clause 10.3(a9.2(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 Commonwealth's Principal’s Representative to 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 be payable to the Consultant by the Commonwealth Principal will not prejudice: the Commonwealth's Principal’s Representative's ability or power to 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 be payable to the Consultant by the CommonwealthPrincipal; or the CommonwealthPrincipal's right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under this ContractContract or otherwise at law. The Consultant agrees that the amount set out stated as then payable by the Consultant in the a payment statement in accordance with clause 10.4(f9.3(f) is, 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 this Contract, which the Consultant is entitled to in respect of the Contract. The Consultant irrevocably chooses the person 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 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 in which Security of Payment Legislation applies, the authorised nominating authorityauthority or an adjudication registry. The Consultant must not at any time, without the written consent of the CommonwealthPrincipal, 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 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 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 may Principal has absolute discretion to divulge or permit its servants, consultants or agents to divulge to any person the Information; the Commonwealth Principal 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 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.. TERMINATION

Security of Payment Legislation. The Consultant agrees with the Commonwealth that: a payment claim submitted to the Commonwealth's Representative under clause 10.2 9.2 which also purports to be a payment claim under the relevant Security of Payment Legislation is received by the 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 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 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 10.2(a9.2(a) and 10.2(b9.2(b) on which the Consultant has satisfied the requirements of clause 10.3(a9.3(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 Commonwealth's Representative to 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 be payable to the Consultant by the Commonwealth will not prejudice: the Commonwealth's Representative's ability or power to 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 be payable to the Consultant by the Commonwealth; or the Commonwealth's right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under this ContractContract or otherwise at law or in equity. The Consultant agrees that the amount set out in the payment statement in accordance with clause 10.4(f9.4(f) is, 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 this Contract, which the Consultant is entitled to in respect of the Contract. The Consultant irrevocably chooses the person 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 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 Consultant must not at any time, without the written consent of the Commonwealth, 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: 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 may divulge to any person the Information; the Commonwealth 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 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 Consultant agrees with the Commonwealth that: a payment claim submitted to the Commonwealth's Representative Contract Administrator under clause 10.2 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 Commonwealth's Representative Contract Administrator as agent for the Commonwealth; if any of the Services: are not being carried out in Western Australia, unless otherwise notified to the Consultant by the Commonwealth in writing, the Commonwealth's Representative 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; 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 10.2(a11.2(a) and 10.2(b11.2(b) on which the Consultant has satisfied the requirements of clause 10.3(a)11.3; and a reference to a "payment statement" is also a reference to a "payment schedule" for the purposes of the relevant Security of Payment Legislation. Failure by the Commonwealth's Representative Contract Administrator to set out 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 Consultant by the Commonwealth will not prejudice: the Commonwealth's RepresentativeContract Administrator's ability or power to set out 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 Consultant by the CommonwealthConsultant; or the Commonwealth's right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under this Contractthe Contract or otherwise at law or in equity. The Consultant agrees that the amount set out stated in the payment statement in accordance with as then payable by the Commonwealth to the Consultant under clause 10.4(f) 11.4 is, subject to clause 11.12, to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, the amount of the "progress payment" calculated in accordance with the terms of this Contract, the Contract and which the Consultant is entitled to be paid in respect of the Contract. The Consultant irrevocably chooses the person set out 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 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 Consultant must not at any time, without the written consent of the Commonwealth, 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 Consultant's obligation obligations in respect of the Information applies in respect of apply to 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 Informationtribunal; notwithstanding the Consultant's obligation obligations in respect of the Information, the Commonwealth may has absolute discretion to divulge or permit its servants, subconsultants or agents to divulge to any person the Information; the Commonwealth may divulge or suffer or permit its servants servants, subconsultants or agents to divulge to any person any communication, submission or statement made or evidence or information used by or relied upon by the 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 Consultant agrees with the Commonwealth Principal that: a payment claim submitted to the Commonwealth's Principal’s Representative under clause 10.2 9.2 which also purports to be a payment claim under the relevant Security of Payment Legislation is received by the Commonwealth's Principal’s Representative as agent for the CommonwealthPrincipal; if any of the Services: are not being carried out in Western Australia, unless otherwise notified to the Consultant by the Commonwealth Principal in writing, the Commonwealth's 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 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 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 10.2(a(a) and 10.2(b(b) on which the Consultant has satisfied the requirements of clause 10.3(a(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 Commonwealth's Principal’s Representative to 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 be payable to the Consultant by the Commonwealth Principal will not prejudice: the Commonwealth's Principal’s Representative's ability or power to 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 be payable to the Consultant by the CommonwealthPrincipal; or the CommonwealthPrincipal's right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under this ContractContract or otherwise at law. The Consultant agrees that the amount set out stated as then payable by the Consultant in the a payment statement in accordance with clause 10.4(f(f) is, 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 this Contract, which the Consultant is entitled to in respect of the Contract. The Consultant irrevocably chooses the person 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 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 in which Security of Payment Legislation applies, the authorised nominating authorityauthority or an adjudication registry. The Consultant must not at any time, without the written consent of the CommonwealthPrincipal, 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 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 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 may Principal has absolute discretion to divulge or permit its servants, consultants or agents to divulge to any person the Information; the Commonwealth Principal 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 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.. TERMINATION

Security of Payment Legislation. The Consultant agrees with the Commonwealth Defence that: a payment claim submitted to the Commonwealth's Defence Representative under clause 10.2 3.2 which also purports to be a payment claim under the relevant Security of Payment Legislation is received by the Commonwealth's Defence Representative as agent for the CommonwealthDefence; if any of the Services: are not being carried out in Western Australia, unless otherwise notified to the Consultant by the Commonwealth Defence in writing, the Commonwealth's 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 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 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 10.2(a3.2(a) and 10.2(b3.2(b) on which the Consultant has satisfied the requirements of clause 10.3(a3.4(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 Commonwealth's Defence Representative to 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 be payable to the Consultant by the Commonwealth Defence will not prejudice: the Commonwealth's Defence Representative's ability or power to 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 be payable to the Consultant by the CommonwealthDefence; or the CommonwealthDefence's right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under this Contract. The Consultant agrees that the amount set out in the payment statement in accordance with clause 10.4(f3.5(f) is, 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 this Contract, which the Consultant is entitled to in respect of the Contract. The Consultant irrevocably chooses the person 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 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 in which Security of Payment Legislation applies, the authorised nominating authority. The Consultant must not at any time, without the written consent of the CommonwealthDefence, 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 Defence or any details thereof in respect of an adjudication application made under the relevant Security of Payment Legislation (in this paragraphclause, 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 may has sole and unfettered discretion to divulge or suffer or permit its servants, subconsultants or agents to divulge to any person the Information; the Commonwealth Defence may divulge or suffer or permit its servants servants, subconsultants or agents to divulge to any person any communication, submission or statement made or evidence or information used by or relied upon by the 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 Consultant agrees with the Commonwealth that: a payment claim submitted to the Commonwealth's Representative under clause 10.2 which also purports to be a payment claim under the relevant Security of Payment Legislation is received by the 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 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 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 10.2(a(a) and 10.2(b(b) on which the Consultant has satisfied the requirements of clause 10.3(a(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 Commonwealth's Representative to 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 be payable to the Consultant by the Commonwealth will not prejudice: the Commonwealth's Representative's ability or power to 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 be payable to the Consultant by the Commonwealth; or the Commonwealth's right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under this Contract. The Consultant agrees that the amount set out in the payment statement in accordance with clause 10.4(f(f) is, 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 this Contract, which the Consultant is entitled to in respect of the Contract. The Consultant irrevocably chooses the person 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 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 in which Security of Payment Legislation applies, the authorised nominating authority. The Consultant must not at any time, without the written consent of the Commonwealth, 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: 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 may divulge to any person the Information; the Commonwealth 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 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 Consultant agrees with the Commonwealth that: a payment claim submitted to the Commonwealth's Representative Contract Administrator under clause 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 Commonwealth's Representative Contract Administrator as agent for the Commonwealth; if any of the Services: are not being carried out in Western Australia, unless otherwise notified to the Consultant by the Commonwealth in writing, the Commonwealth's Representative 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; 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 10.2(a) and 10.2(b) on which the Consultant has satisfied the requirements of clause 10.3(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 Commonwealth's Representative Contract Administrator to set out 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 Consultant by the Commonwealth will not prejudice: the Commonwealth's RepresentativeContract Administrator's ability or power to set out 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 Consultant by the CommonwealthConsultant; or the Commonwealth's right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under this Contractthe Contract or otherwise at law or in equity. The Consultant agrees that the amount set out stated as then payable by the Commonwealth in the a payment statement in accordance with under clause 10.4(f) is10.4(e)is, subject to clause 10.12, 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 this the Contract, which the Consultant is entitled to be paid in respect of the Contract. The Consultant irrevocably chooses the person set out 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 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 Consultant must not at any time, without the written consent of the Commonwealth, 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 Consultant's obligation obligations in respect of the Information applies in respect of apply to 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 Informationtribunal; notwithstanding the Consultant's obligation obligations in respect of the Information, the Commonwealth may has absolute discretion to divulge or permit its servants, subconsultants or agents to divulge to any person the Information; the Commonwealth may divulge or suffer or permit its servants servants, subconsultants or agents to divulge to any person any communication, submission or statement made or evidence or information used by or relied upon by the 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.