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STATE PENALTIES ENFORCEMENT ACT 1999 - SECT 10A
Service contractors
(1) This section applies if, under section 10 (2) , the registrar engages an
entity (the
"service contractor" ) under a contract (the
"service contract" ) to provide services to assist the registrar in the
administration and enforcement of this Act.
(2) The service contract may—
(a) state the services (each, an
"authorised service" ) the service contractor is required to provide; and
(b)
impose a condition on the provision of an authorised service by the
service contractor; and Example for paragraph (b)— a condition requiring
the service contractor to obtain the registrar’s approval before providing a
particular authorised service
(c) include a delegation by the registrar
under section 10C (1) or (3) ; and
(d) authorise the service contractor to
subcontract the provision of an authorised service; and
(e) impose a
condition on the service contractor’s authority to subcontract. Example for
paragraph (e)— a condition requiring the service contractor to subcontract
only with subcontractors approved by the registrar
(3) When providing an
authorised service in accordance with the service contract, the
service contractor may— (a) use the name of SPER; and
(b) do anything
necessary for, or incidental to, the provision of the authorised service.
(4)
In the performance of an authorised service by the service contractor in
accordance with the service contract— (a) laws applying to the registrar,
other than a law prescribed by regulation, apply to the service contractor as
if the service contractor were the registrar; and
(b) laws applying to SPER,
other than a law prescribed by regulation, apply to the service contractor as
if the service contractor were SPER.
(5) Anything done— (a) by the
service contractor in accordance with the service contract; or
(b) in
relation to the service contractor in relation to an authorised service;
is
taken to have been done by or in relation to the registrar or SPER, as the
case requires.
(6) However, the engagement of the service contractor under
the service contract does not relieve the registrar of the registrar’s
obligations in relation to the proper administration and enforcement of this
Act.
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