State Penalties Enforcement Act 1999

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.

The service contract may—

state the services (each, an authorised service) the service contractor is required to provide; and

impose a condition on the provision of an authorised service by the service contractor; and

include a delegation by the registrar under section 10C(1) or (3); and

authorise the service contractor to subcontract the provision of an authorised service; and

impose a condition on the service contractor’s authority to subcontract.

When providing an authorised service in accordance with the service contract, the service contractor may—

use the name of SPER; and

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

In the performance of an authorised service by the service contractor in accordance with the service contract—

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

laws applying to SPER, other than a law prescribed by regulation, apply to the service contractor as if the service contractor were SPER.

Anything done—

by the service contractor in accordance with the service contract; or

in relation to the service contractor in relation to an authorised service;

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.