Queensland Consolidated Acts

STATE PENALTIES ENFORCEMENT ACT 1999 - SECT 10B

10B Service subcontractors

(1) This section applies if, in accordance with a service contract, the service contractor subcontracts with another entity (the
"service subcontractor" ) for the provision of an authorised service.

(2) The contract (the
"service subcontract" ) between the service contractor and the service subcontractor must comply with any condition imposed by the service contract in relation to subcontracting an authorised service.

(3) The service subcontract—

(a) must state the authorised service the service subcontractor is required to provide; and

(b) may impose a condition on the service subcontractor’s provision of the authorised service.

(4) If the service contract includes a delegation under section 10C (1) , the service subcontract may include a delegation of the prescribed function to the service subcontractor that complies with the delegation in the service contract.

(5) If the service contract includes a delegation under section 10C (3) , the service subcontract may include a subdelegation of the prescribed function to the service subcontractor that complies with the delegation in the service contract.

(6) When providing an authorised service in accordance with the service subcontract, the service subcontractor may—

(a) use the name of SPER; and

(b) do anything necessary for, or incidental to, the provision of the authorised service.

(7) In the performance of an authorised service by the service subcontractor in accordance with the service subcontract—

(a) laws applying to the registrar, other than a law prescribed by regulation, apply to the service subcontractor as if the service subcontractor were the registrar; and

(b) laws applying to SPER, other than a law prescribed by regulation, apply to the service subcontractor as if the service subcontractor were SPER.

(8) Anything done—

(a) by the service subcontractor in compliance with the service subcontract; or

(b) in relation to the service subcontractor 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.

(9) However, the engagement of the service subcontractor under the service subcontract does not relieve—

(a) the registrar of the registrar’s obligations in relation to the proper administration and enforcement of this Act; or

(b) the service contractor of the service contractor’s obligations under the service contract.

(10) In this section—

"prescribed function" see section 10C (6) .