Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) A public sector agency must not enter into a government contract unless the contract contains appropriate contractual measures to ensure that the contracted service provider, and any subcontractor, for the contract does not do an act, or engage in a practice, (a contravening act ) that breaches a TPP, or a TPP code that binds the agency.
(2) Also, a public sector agency must not enter into a government contract that authorises a contracted service provider, or any subcontractor, for the contract to do or engage in a contravening act.
(3) Failure by a public sector agency to comply with this section does not affect any obligation the agency, or the contracted service provider, has under this Act or the government contract in relation to compliance with the TPPs, or a TPP code that binds the agency.
(4) In this section:
"subcontractor", in relation to a government contract—
(a) means a person engaged by the contracted service provider under the government contract to provide the services the subject of the government contract; and
(b) includes any other person engaged under a subcontracting arrangement to provide the services the subject of the government contract.