Commonwealth Consolidated Acts

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 68A

  (1)   This section applies in relation to an action that is proposed to be taken under a contract or an agreement, arrangement or understanding, other than:

  (a)   a subcontract; or

  (b)   an agreement, arrangement or understanding entered into for the purposes of a contract or another agreement, arrangement or understanding.

Note:   A person proposing to take an action under a subcontract, or an agreement, arrangement or understanding entered into for the purposes of a contract or another agreement, arrangement or understanding, is not required or permitted to refer the proposal to take the action to the Minister under section   68.

  (2)   For the purposes of section   68 and subject to subsection   (3), a reference to, or relating to, a person proposing to take the action is a reference to, or relating to, any of the following persons:

  (a)   a party to the contract, agreement, arrangement or understanding for whose benefit the action is proposed to be taken;

  (b)   a person who:

  (i)   requested or procured, or proposes to request or procure, the creation of the contract, agreement, arrangement or understanding; and

  (ii)   is to be responsible for controlling and directing the taking of the proposed action.

  (3)   If a person (the first person ) referred to in paragraph   (2)(a) or (b) refers a proposal to take the action to the Minister under section   68:

  (a)   no other person is required or permitted to refer a proposal to take the action to the Minister under section   68; and

  (b)   for the purposes of this Chapter, a reference to, or relating to, the person proposing to take the action is a reference to, or relating to, the first person.

  (4)   For the purposes of this section, a reference to a contract or subcontract or an agreement, arrangement or understanding includes a reference to a proposed contract, proposed subcontract, proposed agreement, proposed arrangement or proposed understanding.

  (5)   Nothing in this section is intended to affect the capacity of a person to refer a proposal to take an action to the Minister under subsection   68(1) or (2) on behalf of the person proposing to take the action.