Australian Capital Territory Current Acts

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FREEDOM OF INFORMATION ACT 2016 - SECT 100

Agency entitled to access to information about government contracts

    (1)     This section applies to an agency if a service is, or is to be, provided under a government contract in connection with the exercise of a function of the agency.

    (2)     The agency is entitled to access information that—

        (a)     is created by, or is in the possession of—

              (i)     a contracted service provider for the government contract; or

              (ii)     a subcontractor for the government contract; and

        (b)     relates to the performance of the government contract and not to the entry into the contract.

    (3)     In this section:

"contracted service provider", for a government contract, means an entity that is, or was—

        (a)     a party to the government contract; and

        (b)     responsible for the provision of services under the government contract.

"government contract" means a contract to which the following apply:

        (a)     the Territory or an agency is, or was, a party to the contract;

        (b)     under the contract, services are or were to be provided—

              (i)     by another party; and

              (ii)     for an agency; and

              (iii)     to a person who is not the Territory or an agency;

        (c)     the services are in connection with the exercise of the functions of an agency.

"subcontractor", for a government contract, means an entity—

        (a)     that is, or was, a party to a contract (the "subcontract")—

              (i)     with a contracted service provider for the government contract; or

              (ii)     with another subcontractor for the government contract (under a previous application of this definition); and

        (b)     that is, or was, responsible under the subcontract for the provision of services for the purposes (whether direct or indirect) of the government contract.



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