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STATE PENALTIES ENFORCEMENT ACT 1999 - SECT 10A Service contractors

STATE PENALTIES ENFORCEMENT ACT 1999 - SECT 10A

Service contractors

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.