Western Australian Consolidated Acts

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PRISONS ACT 1981 - SECT 15X

15X .         Termination or suspension of contracts

        (1)         The chief executive officer, with the Minister’s approval, may on behalf of the State terminate or suspend (wholly or partially) a contract if, in the opinion of the chief executive officer —

            (a)         there are grounds for doing so under subsection (2); and

            (b)         the termination or suspension of the contract is in the public interest.

        (2)         The grounds for terminating or suspending a contract are that —

            (a)         the contractor becomes insolvent within the meaning of the contract;

            (b)         the identity of the persons who control, manage or own the contractor or a subcontractor changes during the term of the contract without the consent of the chief executive officer;

            (c)         the contractor has committed a material breach of the contract that is not capable of being remedied;

            (d)         the contractor has failed to rectify a breach of the contract within the time specified in the contract after the issue of a default notice; or

            (e)         the chief executive officer gives the contractor written notice to the effect that the contract will be terminated or suspended 3 days after the day on which the contractor receives the notice or at such later time as is specified in the notice.

        [Section 15X inserted by No. 43 of 1999 s. 7.]



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