Power to contract
158 Power to contract
The Coordinator-General may negotiate and enter into contracts for—
the performance of the Coordinator-General’s functions or the exercise of the Coordinator-General’s powers imposed or conferred on the Coordinator-General under any Act; or
the recovery of costs incurred by the Coordinator-General or a cooperating person for the performance of functions or the exercise of powers mentioned in paragraph (a).
However, a contract for a matter mentioned in subsection (1)(b) (a cost recovery contract) must not permit the recovery of costs that have already been otherwise recovered by the Coordinator-General.
Also, if a cost recovery contract permits the recovery of costs that may be, but have not yet been, otherwise recovered by the Coordinator-General, the contract is taken to permit the recovery of the costs only to the extent the costs are not otherwise recovered by the Coordinator-General.
A contract entered into by the Coordinator-General shall be made, varied or discharged as follows—
a contract that, if made between private persons, would be required by law to be in writing and under seal, shall be made in writing under the seal of the Coordinator-General and shall be varied or discharged in like manner;
a contract that, if made between private persons, would be required by law to be in writing signed by the parties, shall be made under the hand of the person who holds the office of Coordinator-General or the Coordinator-General’s delegate, and shall be varied or discharged in like manner;
a contract that, if made between private persons, would be valid in law though not reduced to writing, may be made without writing by the Coordinator-General or the Coordinator-General’s delegate, and may be varied or discharged in like manner.
In this section—
cooperating person means a person required under section 13 to cooperate with the Coordinator-General in the performance of the Coordinator-General’s functions.
costs, the Coordinator-General may otherwise recover, includes—
a cost the Coordinator-General may recover as a debt under this Act; and
a fee paid or payable to the Coordinator-General under this Act.
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