Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) For the purposes of this Act, if an individual is a public official because the individual:
(a) is an officer or employee of a contracted service provider for a Commonwealth contract; and
(b) provides services for the purposes (whether direct or indirect) of the Commonwealth contract;
the individual does not engage in conduct in connection with his or her position as such a public official unless the conduct is in connection with entering into, or giving effect to, the contract.
(2) A contracted service provider for a Commonwealth contract is:
(i) is a party to the Commonwealth contract; and
(ii) is responsible for the provision of goods or services under the Commonwealth contract; or
(i) is a party to a contract (the subcontract ) with a person who is a contracted service provider for the Commonwealth contract under paragraph (a) (or under a previous application of this paragraph); and
(ii) is responsible under the subcontract for the provision of goods or services for the purposes (whether direct or indirect) of the Commonwealth contract.
(3) A Commonwealth contract is a contract:
(a) to which the Commonwealth or an agency is a party; and
(b) under which goods or services are to be, or were to be, provided:
(i) to the Commonwealth or an agency; or
(ii) for or on behalf of the Commonwealth or an agency, and in connection with the performance of its functions or the exercise of its powers.
(4) However, a Commonwealth contract does not include a grant
covered by an instrument made under section 105C of the
Public Governance, Performance and Accountability Act 2013 (instruments
relating to grants).