Common use of Work Health and Safety Clause in Contracts

Work Health and Safety. The Contractor must: ensure that in carrying out the Contractor's Activities: it complies with all Statutory Requirements and other requirements of the Contract for work health and safety, including the applicable WHS Legislation; where the applicable WHS Legislation does not prescribe a duty referred to in this Contract as one the Contractor must comply with, it complies with the duty contained in the Commonwealth WHS Legislation; it complies with the duty under the WHS Legislation to consult, cooperate and coordinate activities with all other persons who have a work health and safety duty in relation to the same matter; it complies with the duty under the WHS Legislation to notify the relevant regulator immediately upon becoming aware that a notifiable incident (within the meaning of the WHS Legislation) has occurred arising out of its business or undertaking; and it complies with the duty under the WHS Legislation to, where a notifiable incident has occurred, to ensure, so far as is reasonably practicable, that the site where the notifiable incident has occurred is not disturbed until an inspector arrives at the site or any earlier time that an inspector directs, unless it is to: assist an injured person or remove a deceased person; make the area safe or to minimise the risk of a further notifiable incident; or the relevant regulator/inspector has given permission to disturb the site; without limiting the Contractor's obligations under this Contract or otherwise at law or in equity, notify the Contract Administrator: in respect of notifiable incidents within the meaning of the WHS Legislation, immediately; in respect of work health and safety incidents or accidents (which are not notifiable incidents) where the nature of the incident or accident indicates a potential systemic failure to identify hazards and manage risks to health and safety, so far as is reasonably practicable, within 24 hours of the incident or accident occurring; and in respect of other all work health and safety matters arising out of or in connection with the Contractor's Activities and the Works, including the occurrence of any other incident or accident (not required to be reported in accordance with subparagraph A or B), in a monthly report; for the purposes of paragraphs (a)(i)D and (ii) above, in respect of any notifiable incident: immediately provide the Contract Administrator with a copy of the notice required to be provided to the relevant Commonwealth, State or Territory regulator; promptly provide the Contract Administrator with a copy of all witness statements and the investigation report relating to the notifiable incident; promptly provide the Contract Administrator with copies of any notice(s) or other documentation issued by the relevant Commonwealth, State or Territory regulator; and within 10 days of the date of notification to the relevant Commonwealth, State or Territory regulator, provide the Contract Administrator with a summary of the related investigations, actions to be taken and any impact on the Contract that may result from the notifiable incident; if applicable, maintain accreditation under the WHS Accreditation Scheme at all times whilst carrying out the Contractor's Activities and comply with all conditions of the WHS Accreditation Scheme; if applicable, where the Contractor is a joint venture, ensure: the party holding the accreditation in accordance with the WHS Accreditation Scheme at the Award Date: maintains accreditation at all times whilst carrying out the Contractor's Activities; and complies with all conditions of the WHS Accreditation Scheme; any parties carrying out the Contractor's Activities (where those activities include building work as defined in the Federal Safety Commissioner Act 2022 (Cth)) that do not hold accreditation in accordance with the WHS Accreditation Scheme comply with the written undertakings provided to the Federal Safety Commissioner and lodged as part of their tender; carry out the Contractor's Activities safely and in a manner that does not put the health and safety of persons at risk; carry out the Contractor's Activities in a manner that protects property; institute systems to: obtain regular written assurances from each Other Contractor and subcontractor about their ongoing compliance with the WHS Legislation; and provide, in a format specified by the Contract Administrator, the written assurances regarding the Contractor's ongoing compliance with the WHS Legislation: on a quarterly basis (when requested by the Contract Administrator); and as otherwise directed by the Contract Administrator; provide the written assurances obtained under paragraph (viii), to the Contract Administrator in accordance with paragraph (viii); without limiting the Contractor's obligations under the Contract or otherwise at law or in equity, within 10 days of receipt provide to the Contract Administrator copies of: applicable WHS Legislation to the Contractor or subcontractor relating to work health and safety matters; all formal notices issued by a health and safety representative of the Contractor or subcontractor, under or in compliance with the applicable WHS Legislation; and all formal notices, written communications and written undertakings given by the Contractor or subcontractor to the regulator or agent of the regulator under or in compliance with the applicable WHS Legislation, arising out of or in connection with the Contractor's Activities or the Works; exercise a duty of the utmost good faith to the Principal in carrying out the Contractor's Activities to enable the Principal to discharge the Principal's duties under the WHS Legislation; ensure all subcontracts include provisions equivalent to the obligations of the Contractor in this clause 8.9; ensure that, if any Statutory Requirement, requires that: a person: be authorised or licensed (in accordance with the WHS Legislation) to carry out any work at that workplace, that person is so authorised or licensed, and complies with any conditions of such authorisation or licence; or has prescribed qualifications or experience, or if not, is to be supervised by a person who has prescribed qualifications or experience (as defined in the WHS Legislation), that person has the required qualifications or experience or is so supervised; or a workplace, plant or substance (or design), or work (or class of work) be authorised or licensed, that workplace, plant or substance, or work is so authorised or licensed; not direct or allow a person to carry out work, or use plant or a substance at a workplace unless the authorisation, licensing, prescribed qualifications or experience required by any Statutory Requirement and paragraph (xiii) are met; immediately notify the Contract Administrator giving full particulars, so far as they are known to it, upon becoming aware of any intention on the part of a regulatory authority to cancel, revoke, suspend or amend an authorisation relating to work health and safety; without limiting the Contractor's obligations under the Contract (including paragraph (iii) in respect of notifiable incidents) or otherwise at law or in equity, within 10 days of a request by the Contract Administrator or anyone else acting on behalf of the Principal, provide all information or copies of documentation held by the Contractor or a subcontractor to the Contract Administrator or anyone else acting on behalf of the Principal to enable the Principal to comply with its obligations under the WHS Legislation; if requested by the Contract Administrator or required by the WHS Legislation, produce evidence of any Approvals including any authorisations, licences, registrations, prescribed qualifications or experience, or any other information relevant to work health and safety to the satisfaction of the Contract Administrator before the Contractor or any subcontractor commences such work; where the Contractor is a supplier, manufacturer, designer or importer for the purposes of the WHS Legislation, provide to the Contract Administrator as a condition precedent to Completion and before the expiry of the Defects Liability Period information concerning: the purpose for which any plant, structure or substance (as defined in the WHS Legislation) has been designed or manufactured; the results of any calculations, analysis, testing or examination carried out concerning the safety of the plant, substances or structures referred to in subparagraph A (and the risks to the health and safety of persons); and any conditions necessary to ensure the plant, substances or structures are without risks to health and safety when used for the purpose for which they were designed or manufactured; ensure that any design prepared by the Contractor under clause 5.1 eliminates or minimises the need for any hazardous manual tasks to be carried out in connection with a plant or structure; not use Asbestos or ACM in carrying out the Contractor's Activities; not use, install or incorporate Asbestos or ACM into the Works; provide a certificate to the Contract Administrator in a form satisfactory to the Contract Administrator as a condition precedent to Completion which states that: all materials, goods, products, equipment and plant (including any imported materials, goods, products, equipment and plant) used, installed or incorporated into the Works are entirely (meaning 100%) free of Asbestos and ACM; and the Contractor has otherwise complied with all Statutory Requirements in relation to Asbestos and ACM in carrying out the Contractor's Activities and the Works; without limiting paragraph (xxii), if any imported materials, goods, products, equipment and plant have or has been used, installed or incorporated into the Works, the Contractor must provide to the Contract Administrator as a condition precedent to Completion: sample test reports; and test report information, in the form of an analysis certificate from a NATA accredited laboratory or an equivalent international laboratory (listed at the NATA website) accredited for the relevant test method, in relation to the imported materials, goods, products, equipment or plant which have or has been used, installed or incorporated into the Works; and if the Contractor is a designer of a structure (or part of a structure) for the purposes of the WHS Legislation, the Contractor must provide to the Contract Administrator, with each submission of its design under clause 5.1, a written report that specifies the hazards relating to the design of the structure (or part) which, as far as the Contractor is reasonably aware: create a risk to health or safety to those carrying out construction work on the structure (or part); and are associated only with that particular design. In accordance with Regulation 293 of the Work Health and Safety Regulation 2011 (Cth) and any corresponding WHS law (as defined in the WHS Legislation) including Regulation 333 of the Occupational Health and Safety Regulations 2017 (Vic), if the Contractor carries out relevant construction work, the Principal engages and appoints (as relevant) the Contractor as the principal contractor for the construction project and the Contract and authorises the Contractor to have management or control of the workplace for the purpose of discharging the duties imposed on a principal contractor for the construction project and the Contract, pursuant to the Work Health and Safety Act 2011 (Cth) and Work Health and Safety Regulations 2011 (Cth) and any corresponding WHS law. The Contractor accepts the engagement and appointment (as relevant) as principal contractor and will fulfil the obligations of principal contractor for the construction project and the Contract, unless relieved of that engagement or appointment (as relevant) by notice in writing given by the Principal or the Contract Administrator.

Work Health and Safety. The Contractor must: ensure that in carrying out the Contractor's Activities: it complies with all Statutory Requirements and other requirements of the Contract for work health and safety, including the applicable WHS Legislation; where the applicable WHS Legislation does not prescribe a duty referred to in this Contract as one the Contractor must comply with, it complies with the duty contained in the Commonwealth WHS Legislation; it complies with the duty under the WHS Legislation to consult, cooperate and coordinate activities with all other persons who have a work health and safety duty in relation to the same matter; it complies with the duty under the WHS Legislation to notify the relevant regulator immediately upon becoming aware that a notifiable incident (within the meaning of the WHS Legislation) has occurred arising out of its business or undertaking; and it complies with the duty under the WHS Legislation to, where a notifiable incident has occurred, to ensure, so far as is reasonably practicable, that the site where the notifiable incident has occurred is not disturbed until an inspector arrives at the site or any earlier time that an inspector directs, unless it is to: assist an injured person or remove a deceased person; make the area safe or to minimise the risk of a further notifiable incident; or the relevant regulator/inspector has given permission to disturb the site; without limiting the Contractor's obligations under this Contract or otherwise at law or in equity, notify the Contract Administrator: in respect of notifiable incidents within the meaning of the WHS Legislation, immediately; in respect of work health and safety incidents or accidents (which are not notifiable incidents) where the nature of the incident or accident indicates a potential systemic failure to identify hazards and manage risks to health and safety, so far as is reasonably practicable, within 24 hours of the incident or accident occurring; and in respect of other all work health and safety matters arising out of or in connection with the Contractor's Activities and the Works, including the occurrence of any other incident or accident (not required to be reported in accordance with subparagraph A or B), in a monthly report; for the purposes of paragraphs (a)(i)D and (ii) above, in respect of any notifiable incident: immediately provide the Contract Administrator with a copy of the notice required to be provided to the relevant Commonwealth, State or Territory regulator; promptly provide the Contract Administrator with a copy of all witness statements and the investigation report relating to the notifiable incident; promptly provide the Contract Administrator with copies of any notice(s) or other documentation issued by the relevant Commonwealth, State or Territory regulator; and within 10 days of the date of notification to the relevant Commonwealth, State or Territory regulator, provide the Contract Administrator with a summary of the related investigations, actions to be taken and any impact on the Contract that may result from the notifiable incident; if applicable, maintain accreditation under the WHS Accreditation Scheme at all times whilst carrying out the Contractor's Activities and comply with all conditions of the WHS Accreditation Scheme; if applicable, where the Contractor is a joint venture, ensure: the party holding the accreditation in accordance with the WHS Accreditation Scheme at the Award Date: maintains accreditation at all times whilst carrying out the Contractor's Activities; and complies with all conditions of the WHS Accreditation Scheme; any parties carrying out the Contractor's Activities (where those activities include building work as defined in the Federal Safety Commissioner Building and Construction Industry (Improving Productivity) Act 2022 2016 (Cth)) that do not hold accreditation in accordance with the WHS Accreditation Scheme comply with the written undertakings provided to the Federal Safety Commissioner and lodged as part of their tender; carry out the Contractor's Activities safely and in a manner that does not put the health and safety of persons at risk; carry out the Contractor's Activities in a manner that protects property; institute systems to: obtain regular written assurances from each Other Contractor and subcontractor about their ongoing compliance with the WHS Legislation; and provide, in a format specified by the Contract Administrator, the written assurances regarding the Contractor's ongoing compliance with the WHS Legislation: on a quarterly basis (when requested by the Contract Administrator); and as otherwise directed by the Contract Administrator; provide the written assurances obtained under paragraph (viii), to the Contract Administrator in accordance with paragraph (viii); without limiting the Contractor's obligations under the Contract or otherwise at law or in equity, within 10 days of receipt provide to the Contract Administrator copies of: applicable WHS Legislation to the Contractor or subcontractor relating to work health and safety matters; all formal notices issued by a health and safety representative of the Contractor or subcontractor, under or in compliance with the applicable WHS Legislation; and all formal notices, written communications and written undertakings given by the Contractor or subcontractor to the regulator or agent of the regulator under or in compliance with the applicable WHS Legislation, arising out of or in connection with the Contractor's Activities or the Works; exercise a duty of the utmost good faith to the Principal in carrying out the Contractor's Activities to enable the Principal to discharge the Principal's duties under the WHS Legislation; ensure all subcontracts include provisions equivalent to the obligations of the Contractor in this clause 8.9; ensure that, if any Statutory Requirement, requires that: a person: be authorised or licensed (in accordance with the WHS Legislation) to carry out any work at that workplace, that person is so authorised or licensed, and complies with any conditions of such authorisation or licence; or has prescribed qualifications or experience, or if not, is to be supervised by a person who has prescribed qualifications or experience (as defined in the WHS Legislation), that person has the required qualifications or experience or is so supervised; or a workplace, plant or substance (or design), or work (or class of work) be authorised or licensed, that workplace, plant or substance, or work is so authorised or licensed; not direct or allow a person to carry out work, or use plant or a substance at a workplace unless the authorisation, licensing, prescribed qualifications or experience required by any Statutory Requirement and paragraph (xiii) are met; immediately notify the Contract Administrator giving full particulars, so far as they are known to it, upon becoming aware of any intention on the part of a regulatory authority to cancel, revoke, suspend or amend an authorisation relating to work health and safety; without limiting the Contractor's obligations under the Contract (including paragraph (iii) in respect of notifiable incidents) or otherwise at law or in equity, within 10 days of a request by the Contract Administrator or anyone else acting on behalf of the Principal, provide all information or copies of documentation held by the Contractor or a subcontractor to the Contract Administrator or anyone else acting on behalf of the Principal to enable the Principal to comply with its obligations under the WHS Legislation; if requested by the Contract Administrator or required by the WHS Legislation, produce evidence of any Approvals including any authorisations, licences, registrations, prescribed qualifications or experience, or any other information relevant to work health and safety to the satisfaction of the Contract Administrator before the Contractor or any subcontractor commences such work; where the Contractor is a supplier, manufacturer, designer or importer for the purposes of the WHS Legislation, provide to the Contract Administrator as a condition precedent to Completion and before the expiry of the Defects Liability Period information concerning: the purpose for which any plant, structure or substance (as defined in the WHS Legislation) has been designed or manufactured; the results of any calculations, analysis, testing or examination carried out concerning the safety of the plant, substances or structures referred to in subparagraph A (and the risks to the health and safety of persons); and any conditions necessary to ensure the plant, substances or structures are without risks to health and safety when used for the purpose for which they were designed or manufactured; ensure that any design prepared by the Contractor under clause 5.1 eliminates or minimises the need for any hazardous manual tasks to be carried out in connection with a plant or structure; not use Asbestos or ACM in carrying out the Contractor's Activities; not use, install or incorporate Asbestos or ACM into the Works; provide a certificate to the Contract Administrator in a form satisfactory to the Contract Administrator as a condition precedent to Completion which states that: all materials, goods, products, equipment and plant (including any imported materials, goods, products, equipment and plant) used, installed or incorporated into the Works are entirely (meaning 100%) free of Asbestos and ACM; and the Contractor has otherwise complied with all Statutory Requirements in relation to Asbestos and ACM in carrying out the Contractor's Activities and the Works; without limiting paragraph (xxii), if any imported materials, goods, products, equipment and plant have or has been used, installed or incorporated into the Works, the Contractor must provide to the Contract Administrator as a condition precedent to Completion: sample test reports; and test report information, in the form of an analysis certificate from a NATA accredited laboratory or an equivalent international laboratory (listed at the NATA website) accredited for the relevant test method, in relation to the imported materials, goods, products, equipment or plant which have or has been used, installed or incorporated into the Works; and if the Contractor is a designer of a structure (or part of a structure) for the purposes of the WHS Legislation, the Contractor must provide to the Contract Administrator, with each submission of its design under clause 5.1, a written report that specifies the hazards relating to the design of the structure (or part) which, as far as the Contractor is reasonably aware: create a risk to health or safety to those carrying out construction work on the structure (or part); and are associated only with that particular design. In accordance with Regulation 293 of the Work Health and Safety Regulation 2011 (Cth) and any corresponding WHS law (as defined in the WHS Legislation) including Regulation 333 of the Occupational Health and Safety Regulations 2017 (Vic), if the Contractor carries out relevant construction work, the Principal engages and appoints (as relevant) the Contractor as the principal contractor for the construction project and the Contract and authorises the Contractor to have management or control of the workplace for the purpose of discharging the duties imposed on a principal contractor for the construction project and the Contract, pursuant to the Work Health and Safety Act 2011 (Cth) and Work Health and Safety Regulations 2011 (Cth) and any corresponding WHS law. The Contractor accepts the engagement and appointment (as relevant) as principal contractor and will fulfil the obligations of principal contractor for the construction project and the Contract, unless relieved of that engagement or appointment (or appointment as relevant) by notice in writing given by the Principal or the Contract Administrator. If the Contractor's Activities include any relevant construction work in Western Australia, the Contractor is the main contractor for the Contract in respect of relevant construction work performed in Western Australia under the Occupational Safety and Health Act 1984 (WA) and the Occupational Safety and Health Regulations 1996 (WA).

Work Health and Safety. The Contractor Consultant must: ensure that in carrying out the Contractor's ActivitiesServices and the Works: it complies with all Statutory Requirements and other requirements of the Contract for in respect of work health and safety, including the applicable WHS Legislation; where the applicable WHS Legislation does not prescribe a duty referred to in this Contract as one the Contractor must comply with, it complies with the duty contained in the Commonwealth WHS Legislation; it complies with the its duty under the WHS Legislation to consult, cooperate and coordinate activities with all other persons who have a work health and safety duty in relation to the same matter; it complies with the its duty under the WHS Legislation to notify the relevant regulator immediately upon becoming aware that a notifiable incident (within the meaning of the WHS Legislation) has occurred arising out of its business or undertaking; and it complies with the its duty under the WHS Legislation to, where a notifiable incident has occurred, to ensure, so far as is reasonably practicable, that the site where the notifiable incident has occurred is not disturbed until an inspector arrives at the site or any earlier time that an inspector directs, unless it is to: assist an injured person or remove a deceased person; make the area safe or to minimise the risk of a further notifiable incident; or the relevant regulator/inspector has given permission to disturb the site; carry out the Services and the Works to ensure the health and safety of persons is not put at risk; without limiting the ContractorConsultant's obligations under this Contract or otherwise at law or in equity, notify the Contract AdministratorCommonwealth's Representative: in respect of notifiable incidents within the meaning of the WHS Legislation, immediately; in respect of work health and safety incidents or accidents (which are not notifiable incidents) where the nature of the incident or accident indicates a potential systemic failure to identify hazards and manage risks to health and safety, so far as is reasonably practicable, within 24 hours of the incident or accident occurring; and in respect of all other all work health and safety matters arising out of or in any way in connection with the Contractor's Activities and the WorksServices, including the occurrence of any other incident or accident (not required to be reported in accordance with subparagraph A subparagraphs (i) or B(ii)), in a monthly reportwithin 30 days of such incident occurring; for the purposes of paragraphs (a)(i)D a)(iii) and (ii) abovec), in respect of any notifiable incident: immediately provide the Contract Administrator Commonwealth's Representative with a copy of the notice required to be provided to the relevant Commonwealth, State or Territory regulator; promptly provide the Contract Administrator Commonwealth's Representative with a copy of all witness statements and the investigation report relating to the notifiable incident; promptly provide the Contract Administrator Commonwealth's Representative with copies of any notice(s) or other documentation issued by the relevant Commonwealth, State or Territory regulator; and within 10 days of the date of notification to the relevant Commonwealth, State or Territory regulator, provide the Contract Administrator Commonwealth's Representative with a summary of the related investigations, actions to be taken taken, and any impact on the Contract that may result from the notifiable incident; if applicable, maintain accreditation under the WHS Accreditation Scheme at all times whilst carrying out the Contractor's Activities and comply with all conditions of the WHS Accreditation Scheme; if applicable, where the Contractor is a joint venture, ensure: the party holding the accreditation in accordance with the WHS Accreditation Scheme at the Award Date: maintains accreditation at all times whilst carrying out the Contractor's Activities; and complies with all conditions of the WHS Accreditation Scheme; any parties carrying out the Contractor's Activities (where those activities include building work as defined in the Federal Safety Commissioner Act 2022 (Cth)) that do not hold accreditation in accordance with the WHS Accreditation Scheme comply with the written undertakings provided to the Federal Safety Commissioner and lodged as part of their tender; carry out the Contractor's Activities safely and in a manner that does not put the health and safety of persons at risk; carry out the Contractor's Activities in a manner that protects property; institute systems to: obtain regular written assurances from each Other Contractor and subcontractor subconsultant about their ongoing compliance with the WHS Legislation; and provide, in a format specified by the Contract AdministratorCommonwealth's Representative, the written assurances regarding the ContractorConsultant's ongoing compliance with the WHS Legislation: on a quarterly basis (when requested by the Contract Administrator)basis; and as otherwise directed by the Contract AdministratorCommonwealth's Representative; provide the written assurances obtained under paragraph (viiie), to the Contract Administrator Commonwealth's Representative in accordance with paragraph (viiie); without limiting the ContractorConsultant 's obligations under the this Contract or otherwise at law or in equity, equity within 10 days of receipt provide to the Contract Administrator Commonwealth's Representative copies of: all formal notices and written communications issued by a regulator or agent of the regulator under or in compliance with the applicable WHS Legislation to the Contractor Consultant or subcontractor subconsultant (as the case may be) relating to work health and safety matters; all formal notices issued by a health and safety representative of the Contractor Consultant or subcontractorsubconsultant (as the case may be), under or in compliance with the applicable WHS Legislation; and all formal notices, written communications and written undertakings given by the Contractor Consultant or subcontractor subconsultant (as the case may be) to the regulator or agent of the regulator under or in compliance with the applicable WHS Legislation, arising out of or in any way in connection with the Contractor's Activities or carrying out of the WorksServices and the Works by the Consultant; exercise a duty of the utmost good faith to the Principal Commonwealth in carrying out the Contractor's Activities Services to enable the Principal Commonwealth to discharge the PrincipalCommonwealth's duties under the WHS Legislation; ensure all subcontracts include provisions equivalent to the obligations of the Contractor Consultant in this clause 8.95.9; ensure that, if any Statutory Requirement, Requirement requires that: a person: be authorised or licensed (in accordance with the WHS Legislation) to carry out any work at that workplace, that person is so authorised or licensed, and complies with any conditions of such authorisation or licence; or has prescribed qualifications or experience, or if not, is to be supervised by a person who has prescribed qualifications or experience (as defined in the WHS Legislation), that person has the required qualifications or experience or is so supervised; or a workplace, plant or substance (or design), or work (or class of work) be authorised or licensed, that workplace, plant or substance, or work is so authorised or licensed; not direct or allow a person to carry out work, or use plant or a substance at a workplace unless unless, the authorisation, licensing, prescribed qualifications or experience required by any Statutory Requirement and paragraph (xiiij) are met; immediately notify the Contract Administrator giving full particulars, so far as they are known to it, upon becoming aware of any intention on the part of a regulatory authority to cancel, revoke, suspend or amend an authorisation relating to work health and safety; without limiting the ContractorConsultant's obligations under the this Contract (including paragraph (iiid) in respect of notifiable incidents) or otherwise at law or in equity, within 10 days of a request by the Contract Administrator Commonwealth's Representative or anyone else acting on behalf of the PrincipalCommonwealth, provide all information or copies of documentation held by the Contractor Consultant or a subcontractor subconsultant to the Contract Administrator Commonwealth's Representative or anyone else acting on behalf of the Principal Commonwealth to enable the Principal Commonwealth to comply with its obligations under the WHS Legislation; if requested by the Contract Administrator Commonwealth's Representative or required by the WHS Legislation, produce evidence of any Approvals including any authorisations, licences, registrations, prescribed qualifications or experience, or any other information relevant to work health and safety (as the case may be) to the satisfaction of the Contract Administrator Commonwealth's Representative before the Contractor Consultant or any subcontractor subconsultant commences such work; and where the Contractor Consultant is a supplier, manufacturer, designer or importer for the purposes of the WHS Legislation, promptly provide to the Contract Administrator as a condition precedent to Completion and before the expiry of the Defects Liability Period Commonwealth's Representative information concerning: the purpose for which any plant, structure or substance (as defined in the WHS Legislation) has been designed or manufactured; the results of any calculations, analysis, testing or examination carried out concerning the safety of the plant, substances or structures referred to in subparagraph A paragraph (i) (and the risks to the health and safety of persons); and any conditions necessary to ensure the plant, substances or structures are without risks to health and safety when used for the purpose for which they were designed or manufactured. Resolution of Ambiguities If there is any ambiguity, discrepancy or inconsistency in the documents which make up the Contract or between the Contract and any Project Documents: the following order of precedence will apply: Official Order; ensure that Contract Particulars; Fee Schedule; Terms of Engagement; Brief; Panel Agreement; Project DCAP; and other document forming part of the Contract (if any) specified in the Contract Particulars; where the ambiguity, discrepancy or inconsistency is between the Contract and any design prepared Project Documents, the higher standard, quality or quantum will prevail but if this does not resolve the ambiguity, discrepancy or inconsistency, paragraph (a) will prevail; if it is discovered by the Contractor under clause 5.1 eliminates Consultant or minimises the need for any hazardous manual tasks to be carried out in connection with a plant or structure; not use Asbestos or ACM in carrying out Commonwealth's Representative, then the Contractor's Activities; not use, install or incorporate Asbestos or ACM into the Works; provide a certificate party discovering it must promptly give notice to the Contract Administrator in a form satisfactory to the Contract Administrator as a condition precedent to Completion which states that: all materials, goods, products, equipment and plant (including any imported materials, goods, products, equipment and plant) used, installed or incorporated into the Works are entirely (meaning 100%) free of Asbestos and ACMother party; and the Contractor has otherwise complied with all Statutory Requirements in relation Commonwealth's Representative must instruct the Consultant as to Asbestos and ACM in carrying out the Contractor's Activities and course it must adopt within 14 days of the Works; without limiting notice under paragraph (xxiic), if any imported materials, goods, products, equipment and plant have or has been used, installed or incorporated into the Works, the Contractor must provide to the Contract Administrator as a condition precedent to Completion: sample test reports; and test report information, in the form of an analysis certificate from a NATA accredited laboratory or an equivalent international laboratory (listed at the NATA website) accredited for the relevant test method, in relation to the imported materials, goods, products, equipment or plant which have or has been used, installed or incorporated into the Works; and if the Contractor is a designer of a structure (or part of a structure) for the purposes of the WHS Legislation, the Contractor must provide to the Contract Administrator, with each submission of its design under clause 5.1, a written report that specifies the hazards relating to the design of the structure (or part) which, as far as the Contractor is reasonably aware: create a risk to health or safety to those carrying out construction work on the structure (or part); and are associated only with that particular design. In accordance with Regulation 293 of the Work Health and Safety Regulation 2011 (Cth) and any corresponding WHS law (as defined in the WHS Legislation) including Regulation 333 of the Occupational Health and Safety Regulations 2017 (Vic), if the Contractor carries out relevant construction work, the Principal engages and appoints (as relevant) the Contractor as the principal contractor for the construction project and the Contract and authorises the Contractor to have management or control of the workplace for the purpose of discharging the duties imposed on a principal contractor for the construction project and the Contract, pursuant to the Work Health and Safety Act 2011 (Cth) and Work Health and Safety Regulations 2011 (Cth) and any corresponding WHS law. The Contractor accepts the engagement and appointment (as relevant) as principal contractor and will fulfil the obligations of principal contractor for the construction project and the Contract, unless relieved of that engagement or appointment (as relevant) by notice in writing given by the Principal or the Contract Administrator.

Work Health and Safety. The Contractor must: ensure that in carrying out the Contractor's Activities: it complies with all Statutory Requirements and other requirements of the Contract for in respect of work health and safety, including the applicable WHS Legislation; where the applicable WHS Legislation does not prescribe a duty referred to in this Contract as one the Contractor must comply with, it complies with the duty contained in the Commonwealth WHS Legislation; it complies with the duty under the WHS Legislation to consult, cooperate and coordinate activities with all other persons who have a work health and safety duty in relation to the same matter; it complies with the duty under the WHS Legislation to notify the relevant regulator immediately upon becoming aware that a notifiable incident (within the meaning of the WHS Legislation) has occurred arising out of its business or undertaking; and it complies with the duty under the WHS Legislation to, where a notifiable incident has occurred, to ensure, so far as is reasonably practicable, that the site where the notifiable incident has occurred is not disturbed until an inspector arrives at the site or any earlier time that an inspector directs, unless it is to: assist an injured person or remove a deceased person; make the area safe or to minimise the risk of a further notifiable incident; or the relevant regulator/inspector has given permission to disturb the site; without limiting the Contractor's obligations under this the Contract or otherwise at law or in equity, notify the Contract Administrator: Administrator in respect of of: notifiable incidents within the meaning of the WHS Legislation, immediately; in respect of work health and safety incidents or accidents (which are not notifiable incidents) where the nature of the incident or accident indicates a potential systemic failure to identify hazards and manage risks to health and safety, so far as is reasonably practicable, within 24 hours of the incident or accident occurring; and in respect of all other all work health and safety matters arising out of or in connection with the Contractor's Activities and the Works, including the occurrence of any other incident or accident (not required to be reported in accordance with subparagraph A (i) or B(ii)), in a monthly reportthe reports under clause 2.6 (if clauses 2.5 and 2.6 apply); for the purposes of paragraphs (a)(i)D a)(iv) and (ii) abovebelow, in respect of any notifiable incident: immediately provide the Contract Administrator with a copy of the notice required to be provided to the relevant Commonwealth, State or Territory regulator; promptly provide the Contract Administrator with a copy of all witness statements and the investigation report relating to the notifiable incident; promptly provide the Contract Administrator with copies of any notice(s) or other documentation issued by the relevant Commonwealth, State or Territory regulator; and within 10 days of the date of notification to the relevant Commonwealth, State or Territory regulator, provide the Contract Administrator with a summary of the related investigations, actions to be taken and any impact on the Contract that may result from the notifiable incident; if applicable, maintain accreditation under the WHS Accreditation Scheme at all times whilst carrying out the Contractor's Activities and comply with all conditions of the WHS Accreditation Scheme; if applicable, where the Contractor is a joint ventureventure for the purposes of the WHS Accreditation Scheme, ensure: the party all parties holding the accreditation in accordance with the WHS Accreditation Scheme at the Award Date: maintains maintain accreditation at all times whilst carrying out the Contractor's Activities; and complies comply with all conditions of the WHS Accreditation Scheme; any parties carrying out the Contractor's Activities (where those activities include building work as defined in the Federal Safety Commissioner Building and Construction Industry (Improving Productivity) Act 2022 2016 (Cth)) that do not hold accreditation in accordance with the WHS Accreditation Scheme Scheme, comply with the written undertakings provided to the Federal Safety Commissioner and lodged as part of their tender; carry out the Contractor's Activities safely and in a manner that does not put the health and safety of persons at risk; carry out the Contractor's Activities in a manner that protects property; comply with any direction issued by the Contract Administrator to change its manner of working or to cease working if the Contract Administrator reasonably considers there is a risk to the health and safety of people or damage to property arising from the Contractor's Activities; institute systems to: obtain regular written assurances from each Other Contractor and subcontractor about their ongoing compliance with the WHS Legislation; and provide, in a format specified by the Contract Administrator, the written assurances regarding the Contractor's ongoing compliance with the WHS Legislation: on a monthly basis in the reports under clause 2.6 (if clauses 2.5 and 2.6 apply); on a quarterly basis (when requested by the Contract Administrator); and as otherwise directed by the Contract Administrator; provide the written assurances obtained under paragraph (viii), i) to the Contract Administrator in accordance with paragraph (viiii); without limiting the Contractor's ’s obligations under the Contract or otherwise at law or in equity, within 10 days of receipt provide to the Contract Administrator copies ofof all: formal notices and written communications issued by a regulator or agent of the regulator under or in compliance with the applicable WHS Legislation to the Contractor or subcontractor relating to work health and safety matters; all formal notices issued by a health and safety representative of the Contractor or subcontractor, under or in compliance with the applicable WHS Legislation; and all formal notices, written communications and written undertakings given by the Contractor or subcontractor to the regulator or agent of the regulator under or in compliance with the applicable WHS Legislation, arising out of or in connection with the Contractor's Activities or the Works; exercise a duty of the utmost good faith to the Principal Commonwealth in carrying out the Contractor's Activities to enable the Principal Commonwealth to discharge the PrincipalCommonwealth's duties under the WHS Legislation; ensure all subcontracts include provisions equivalent to the obligations of the Contractor in this clause 8.9; ensure that, if any Statutory Requirement, Requirement requires that: a person: be authorised or licensed (in accordance with the WHS Legislation) to carry out any work at that workplace, that person is so authorised or licensed, and complies with any conditions of such authorisation or licence; or has prescribed qualifications or experience, or if not, is to be supervised by a person who has prescribed qualifications or experience (as defined in the WHS Legislation), that person has the required qualifications or experience or is so supervised; or a workplace, plant or substance (or design), or work (or class of work) be authorised or licensed, that workplace, plant or substance, or work is so authorised or licensed; not direct or allow a person to carry out work, or use plant or a substance at a workplace unless the authorisation, licensing, prescribed qualifications or experience required by any Statutory Requirement and paragraph (xiiin) are met; immediately notify the Contract Administrator giving full particulars, so far as they are known to it, upon becoming aware of any intention on the part of a regulatory authority to cancel, revoke, suspend or amend an authorisation relating to work health and safety; without limiting the Contractor's obligations under the Contract (including paragraph (iiic) in respect of notifiable incidents) or otherwise at law or in equity, within 10 days of a request by the Contract Administrator or anyone else acting on behalf of the PrincipalCommonwealth, provide all information or copies of documentation held by the Contractor or a subcontractor to the Contract Administrator or anyone else acting on behalf of the Principal Commonwealth to enable the Principal Commonwealth to comply with its obligations under the WHS Legislation; if requested by the Contract Administrator or required by the WHS Legislation, produce evidence of any Approvals including any authorisations, licences, registrations, prescribed qualifications or experience, or any other information relevant to work health and safety to the satisfaction of the Contract Administrator before the Contractor or any subcontractor commences such work; where the Contractor is a supplier, manufacturer, designer or importer for the purposes of the WHS Legislation, provide to the Contract Administrator as a condition precedent to Completion and before the expiry of the Defects Liability Period information concerning: the purpose for which any plant, structure or substance (as defined in the WHS Legislation) has been designed or manufactured; the results of any calculations, analysis, testing or examination carried out concerning the safety of the plant, substances or structures referred to in subparagraph A (i) (and the risks to the health and safety of persons); and any conditions necessary to ensure the plant, substances or structures are without risks to health and safety when used for the purpose for which they were designed or manufactured; ensure that any design prepared by the Contractor under clause 5.1 eliminates or minimises the need for any hazardous manual tasks to be carried out in connection with a plant or structure; not use Asbestos or ACM in carrying out the Contractor's Activities; not use, install or incorporate Asbestos or ACM into the Works; provide a certificate to the Contract Administrator in a form satisfactory to the Contract Administrator as a condition precedent to Completion which states that: all materials, goods, products, equipment and plant (including any imported materials, goods, products, equipment and plant) used, installed or incorporated into the Works are entirely (meaning 100%) free of Asbestos and ACM; and the Contractor has otherwise complied with all Statutory Requirements in relation to Asbestos and ACM in carrying out the Contractor's Activities and the Works; without limiting paragraph (xxiiw), if any imported materials, goods, products, equipment and plant have or has been used, installed or incorporated into the Works, the Contractor must provide to the Contract Administrator as a condition precedent to Completion: sample test reports; and test report information, in the form of an analysis certificate from a NATA accredited laboratory or an equivalent international laboratory (listed at the NATA website) accredited for the relevant test method, in relation to the imported materials, goods, products, equipment or plant which have or has been used, installed or incorporated into the Works; and if the Contractor is a designer of a structure (or part of a structure) for the purposes of the WHS Legislation, the Contractor must provide to the Contract Administrator, with each submission of its design under clause 5.1, a written report that specifies the hazards relating to the design of the structure (or part) which, as far as the Contractor is reasonably aware: create a risk to health or safety to those carrying out construction work on the structure (or part); and are associated only with that particular design. In accordance with Regulation 293 of the Work Health and Safety Regulation 2011 (Cth) and any corresponding WHS law (as defined in the WHS Legislation) including Regulation 333 of the Occupational Health and Safety Regulations 2017 (Vic), if the Contractor carries out relevant construction work, the Principal engages and appoints (as relevant) the Contractor as the principal contractor for the construction project and the Contract and authorises the Contractor to have management or control of the workplace for the purpose of discharging the duties imposed on a principal contractor for the construction project and the Contract, pursuant to the Work Health and Safety Act 2011 (Cth) and Work Health and Safety Regulations 2011 (Cth) and any corresponding WHS law. The Contractor accepts the engagement and appointment (as relevant) as principal contractor and will fulfil the obligations of principal contractor for the construction project and the Contract, unless relieved of that engagement or appointment (as relevant) by notice in writing given by the Principal or the Contract Administrator.

Work Health and Safety. The Contractor must: ensure that in carrying out the Contractor's Activities: it complies with all Statutory Requirements and other requirements of the Contract for in respect of work health and safety, including the applicable WHS Legislation; where the applicable WHS Legislation does not prescribe a duty referred to in this Contract as one the Contractor must comply with, it complies with the duty contained in the Commonwealth WHS Legislation; it complies with the duty under the WHS Legislation to consult, cooperate and coordinate activities with all other persons who have a work health and safety duty in relation to the same matter; it complies with the duty under the WHS Legislation to notify the relevant regulator immediately upon becoming aware that a notifiable incident (within the meaning of the WHS Legislation) has occurred arising out of its business or undertaking; and it complies with the duty under the WHS Legislation to, where a notifiable incident has occurred, to ensure, so far as is reasonably practicable, that the site where the notifiable incident has occurred is not disturbed until an inspector arrives at the site or any earlier time that an inspector directs, unless it is to: assist an injured person or remove a deceased person; make the area safe or to minimise the risk of a further notifiable incident; or the relevant regulator/inspector has given permission to disturb the site; without limiting the Contractor's obligations under this the Contract or otherwise at law or in equity, notify the Contract Administrator: Administrator in respect of of: notifiable incidents within the meaning of the WHS Legislation, immediately; in respect of work health and safety incidents or accidents (which are not notifiable incidents) where the nature of the incident or accident indicates a potential systemic failure to identify hazards and manage risks to health and safety, so far as is reasonably practicable, within 24 hours of the incident or accident occurring; and in respect of all other all work health and safety matters arising out of or in connection with the Contractor's Activities and the Works, including the occurrence of any other incident or accident (not required to be reported in accordance with subparagraph A (i) or B(ii)), in a monthly reportthe reports under clause 2.6 (if clauses 2.5 and 2.6 apply); for the purposes of paragraphs (a)(i)D a)(iv) and (ii) abovebelow, in respect of any notifiable incident: immediately provide the Contract Administrator with a copy of the notice required to be provided to the relevant Commonwealth, State or Territory regulator; promptly provide the Contract Administrator with a copy of all witness statements and the investigation report relating to the notifiable incident; promptly provide the Contract Administrator with copies of any notice(s) or other documentation issued by the relevant Commonwealth, State or Territory regulator; and within 10 days of the date of notification to the relevant Commonwealth, State or Territory regulator, provide the Contract Administrator with a summary of the related investigations, actions to be taken and any impact on the Contract that may result from the notifiable incident; if applicable, maintain accreditation under the WHS Accreditation Scheme at all times whilst carrying out the Contractor's Activities and comply with all conditions of the WHS Accreditation Scheme; if applicable, where the Contractor is a joint ventureventure for the purposes of the WHS Accreditation Scheme, ensure: the party all parties holding the accreditation in accordance with the WHS Accreditation Scheme at the Award Date: maintains maintain accreditation at all times whilst carrying out the Contractor's Activities; and complies comply with all conditions of the WHS Accreditation Scheme; any parties carrying out the Contractor's Activities (where those activities include building work as defined in the Federal Safety Commissioner Act 2022 (Cth)) that do not hold accreditation in accordance with the WHS Accreditation Scheme Scheme, comply with the written undertakings provided to the Federal Safety Commissioner and lodged as part of their tender; carry out the Contractor's Activities safely and in a manner that does not put the health and safety of persons at risk; carry out the Contractor's Activities in a manner that protects property; comply with any direction issued by the Contract Administrator to change its manner of working or to cease working if the Contract Administrator reasonably considers there is a risk to the health and safety of people or damage to property arising from the Contractor's Activities; institute systems to: obtain regular written assurances from each Other Contractor and subcontractor about their ongoing compliance with the WHS Legislation; and provide, in a format specified by the Contract Administrator, the written assurances regarding the Contractor's ongoing compliance with the WHS Legislation: on a monthly basis in the reports under clause 2.6 (if clauses 2.5 and 2.6 apply); on a quarterly basis (when requested by the Contract Administrator); and as otherwise directed by the Contract Administrator; provide the written assurances obtained under paragraph (viii), i) to the Contract Administrator in accordance with paragraph (viiii); without limiting the Contractor's ’s obligations under the Contract or otherwise at law or in equity, within 10 days of receipt provide to the Contract Administrator copies ofof all: formal notices and written communications issued by a regulator or agent of the regulator under or in compliance with the applicable WHS Legislation to the Contractor or subcontractor relating to work health and safety matters; all formal notices issued by a health and safety representative of the Contractor or subcontractor, under or in compliance with the applicable WHS Legislation; and all formal notices, written communications and written undertakings given by the Contractor or subcontractor to the regulator or agent of the regulator under or in compliance with the applicable WHS Legislation, arising out of or in connection with the Contractor's Activities or the Works; exercise a duty of the utmost good faith to the Principal Commonwealth in carrying out the Contractor's Activities to enable the Principal Commonwealth to discharge the PrincipalCommonwealth's duties under the WHS Legislation; ensure all subcontracts include provisions equivalent to the obligations of the Contractor in this clause 8.9; ensure that, if any Statutory Requirement, Requirement requires that: a person: be authorised or licensed (in accordance with the WHS Legislation) to carry out any work at that workplace, that person is so authorised or licensed, and complies with any conditions of such authorisation or licence; or has prescribed qualifications or experience, or if not, is to be supervised by a person who has prescribed qualifications or experience (as defined in the WHS Legislation), that person has the required qualifications or experience or is so supervised; or a workplace, plant or substance (or design), or work (or class of work) be authorised or licensed, that workplace, plant or substance, or work is so authorised or licensed; not direct or allow a person to carry out work, or use plant or a substance at a workplace unless the authorisation, licensing, prescribed qualifications or experience required by any Statutory Requirement and paragraph (xiiin) are met; immediately notify the Contract Administrator giving full particulars, so far as they are known to it, upon becoming aware of any intention on the part of a regulatory authority to cancel, revoke, suspend or amend an authorisation relating to work health and safety; without limiting the Contractor's obligations under the Contract (including paragraph (iiic) in respect of notifiable incidents) or otherwise at law or in equity, within 10 days of a request by the Contract Administrator or anyone else acting on behalf of the PrincipalCommonwealth, provide all information or copies of documentation held by the Contractor or a subcontractor to the Contract Administrator or anyone else acting on behalf of the Principal Commonwealth to enable the Principal Commonwealth to comply with its obligations under the WHS Legislation; if requested by the Contract Administrator or required by the WHS Legislation, produce evidence of any Approvals including any authorisations, licences, registrations, prescribed qualifications or experience, or any other information relevant to work health and safety to the satisfaction of the Contract Administrator before the Contractor or any subcontractor commences such work; where the Contractor is a supplier, manufacturer, designer or importer for the purposes of the WHS Legislation, provide to the Contract Administrator as a condition precedent to Completion and before the expiry of the Defects Liability Period information concerning: the purpose for which any plant, structure or substance (as defined in the WHS Legislation) has been designed or manufactured; the results of any calculations, analysis, testing or examination carried out concerning the safety of the plant, substances or structures referred to in subparagraph A (i) (and the risks to the health and safety of persons); and any conditions necessary to ensure the plant, substances or structures are without risks to health and safety when used for the purpose for which they were designed or manufactured; ensure that any design prepared by the Contractor under clause 5.1 eliminates or minimises the need for any hazardous manual tasks to be carried out in connection with a plant or structure; not use Asbestos or ACM in carrying out the Contractor's Activities; not use, install or incorporate Asbestos or ACM into the Works; provide a certificate to the Contract Administrator in a form satisfactory to the Contract Administrator as a condition precedent to Completion which states that: all materials, goods, products, equipment and plant (including any imported materials, goods, products, equipment and plant) used, installed or incorporated into the Works are entirely (meaning 100%) free of Asbestos and ACM; and the Contractor has otherwise complied with all Statutory Requirements in relation to Asbestos and ACM in carrying out the Contractor's Activities and the Works; without limiting paragraph (xxiiw), if any imported materials, goods, products, equipment and plant have or has been used, installed or incorporated into the Works, the Contractor must provide to the Contract Administrator as a condition precedent to Completion: sample test reports; and test report information, in the form of an analysis certificate from a NATA accredited laboratory or an equivalent international laboratory (listed at the NATA website) accredited for the relevant test method, in relation to the imported materials, goods, products, equipment or plant which have or has been used, installed or incorporated into the Works; and if the Contractor is a designer of a structure (or part of a structure) for the purposes of the WHS Legislation, the Contractor must provide to the Contract Administrator, with each submission of its design under clause 5.1, a written report that specifies the hazards relating to the design of the structure (or part) which, as far as the Contractor is reasonably aware: create a risk to health or safety to those carrying out construction work on the structure (or part); and are associated only with that particular design. In accordance with Regulation 293 of the Work Health and Safety Regulation 2011 (Cth) and any corresponding WHS law (as defined in the WHS Legislation) including Regulation 333 of the Occupational Health and Safety Regulations 2017 (Vic), if the Contractor carries out relevant construction work, the Principal engages and appoints (as relevant) the Contractor as the principal contractor for the construction project and the Contract and authorises the Contractor to have management or control of the workplace for the purpose of discharging the duties imposed on a principal contractor for the construction project and the Contract, pursuant to the Work Health and Safety Act 2011 (Cth) and Work Health and Safety Regulations 2011 (Cth) and any corresponding WHS law. The Contractor accepts the engagement and appointment (as relevant) as principal contractor and will fulfil the obligations of principal contractor for the construction project and the Contract, unless relieved of that engagement or appointment (as relevant) by notice in writing given by the Principal or the Contract Administrator.

Work Health and Safety. The Contractor Consultant must: ensure that in carrying out the Contractor's ActivitiesServices and the Works: it complies with all Statutory Requirements and other requirements of the Contract for in respect of work health and safety, including the applicable WHS Legislation; where the applicable WHS Legislation does not prescribe a duty referred to in this Contract as one the Contractor must comply with, it complies with the duty contained in the Commonwealth WHS Legislation; it complies with the duty under the WHS Legislation to consult, cooperate co-operate and coordinate co-ordinate activities with all other persons who have a work health and safety duty in relation to the same matter; it complies with the duty under the WHS Legislation to notify the relevant regulator immediately upon becoming aware that a notifiable incident (within the meaning of the WHS Legislation) has occurred arising out of its business or undertaking; and it complies with the duty under the WHS Legislation to, where a notifiable incident has occurred, to ensure, so far as is reasonably practicable, that the site where the notifiable incident has occurred is not disturbed until an inspector arrives at the site or any earlier time that an inspector directs, unless it is to: assist an injured person or remove a deceased person; make the area safe or to minimise the risk of a further notifiable incident; or the relevant regulator/inspector has given permission to disturb the site; carry out the Services and the Works to ensure the health and safety of persons is not put at risk; without limiting the ContractorConsultant's obligations under this Contract or otherwise at law or in equity, notify the Contract Administrator: Commonwealth's Representative in respect of of: notifiable incidents within the meaning of the WHS Legislation, immediately; in respect of work health and safety incidents or accidents (which are not notifiable incidents) where the nature of the incident or accident indicates a potential systemic failure to identify hazards and manage risks to health and safety, so far as is reasonably practicable, within 24 hours of the incident or accident occurring; and in respect of all other all work health and safety matters arising out of or in any way in connection with the Contractor's Activities and the WorksServices, including the occurrence of any other incident or accident (not required to be reported in accordance with subparagraph A subparagraphs (i) or B(ii)), in a monthly reportwithin 30 days of such incident occurring; for the purposes of paragraphs (a)(i)D a)(iii) and (ii) abovec), in respect of any notifiable incident: immediately provide the Contract Administrator Commonwealth's Representative with a copy of the notice required to be provided to the relevant Commonwealth, State or Territory regulator; promptly provide the Contract Administrator Commonwealth's Representative with a copy of all witness statements and the investigation report relating to the notifiable incident; promptly provide the Contract Administrator Commonwealth's Representative with copies of any notice(s) or other documentation issued by the relevant Commonwealth, State or Territory regulator; and within 10 days of the date of notification to the relevant Commonwealth, State or Territory regulator, provide the Contract Administrator Commonwealth's Representative with a summary of the related investigations, actions to be taken taken, and any impact on the Contract that may result from the notifiable incident; if applicable, maintain accreditation under the WHS Accreditation Scheme at all times whilst carrying out the Contractor's Activities and comply with all conditions of the WHS Accreditation Scheme; if applicable, where the Contractor is a joint venture, ensure: the party holding the accreditation in accordance with the WHS Accreditation Scheme at the Award Date: maintains accreditation at all times whilst carrying out the Contractor's Activities; and complies with all conditions of the WHS Accreditation Scheme; any parties carrying out the Contractor's Activities (where those activities include building work as defined in the Federal Safety Commissioner Act 2022 (Cth)) that do not hold accreditation in accordance with the WHS Accreditation Scheme comply with the written undertakings provided to the Federal Safety Commissioner and lodged as part of their tender; carry out the Contractor's Activities safely and in a manner that does not put the health and safety of persons at risk; carry out the Contractor's Activities in a manner that protects property; institute systems to: obtain regular written assurances from each Other Contractor and subcontractor subconsultant about their ongoing compliance with the WHS Legislation; and provide, in a format specified by the Contract AdministratorCommonwealth's Representative, the written assurances regarding the ContractorConsultant's ongoing compliance with the WHS Legislation: on a quarterly basis (when requested by the Contract Administrator)basis; and as otherwise directed by the Contract AdministratorCommonwealth's Representative; provide the written assurances obtained under paragraph (viiie), to the Contract Administrator Commonwealth's Representative in accordance with paragraph (viiie); without limiting the ContractorConsultant's obligations under the this Contract or otherwise at law or in equity, equity within 10 days of receipt provide to the Contract Administrator Commonwealth's Representative copies ofof all: formal notices and written communications issued by a regulator or agent of the regulator under or in compliance with the applicable WHS Legislation to the Contractor Consultant or subcontractor subconsultant (as the case may be) relating to work health and safety matters; all formal notices issued by a health and safety representative of the Contractor Consultant or subcontractorsubconsultant (as the case may be), under or in compliance with the applicable WHS Legislation; and all formal notices, written communications and written undertakings given by the Contractor Consultant or subcontractor subconsultant (as the case may be) to the regulator or agent of the regulator under or in compliance with the applicable WHS Legislation, arising out of or in any way in connection with the Contractor's Activities or carrying out of the WorksServices and the Works by the Consultant; exercise a duty of the utmost good faith to the Principal Commonwealth in carrying out the Contractor's Activities Services to enable the Principal Commonwealth to discharge the PrincipalCommonwealth's duties under the WHS Legislation; ensure all subcontracts include provisions equivalent to the obligations of the Contractor Consultant in this clause 8.95.9; ensure that, if any Statutory Requirement, Requirement requires that: a person: be authorised or licensed (in accordance with the WHS Legislation) to carry out any work at that workplace, that person is so authorised or licensed, and complies with any conditions of such authorisation or licence; or has prescribed qualifications or experience, or if not, is to be supervised by a person who has prescribed qualifications or experience (as defined in the WHS Legislation), that person has the required qualifications or experience or is so supervised; or a workplace, plant or substance (or design), or work (or class of work) be authorised or licensed, that workplace, plant or substance, or work is so authorised or licensed; not direct or allow a person to carry out work, or use plant or a substance (or design) at a workplace unless the authorisation, licensing, prescribed qualifications or experience required by any Statutory Requirement and paragraph (xiiij) are met; immediately notify the Contract Administrator Commonwealth's Representative giving full particulars, so far as they are known to it, upon becoming aware of any intention on the part of a regulatory authority to cancel, revoke, suspend or amend an authorisation relating to work health and safety; without limiting the ContractorConsultant's obligations under the this Contract (including paragraph (iiid) in respect of notifiable incidents) or otherwise at law or in equity, within 10 days of a request by the Contract Administrator Commonwealth's Representative or anyone else acting on behalf of the PrincipalCommonwealth, provide all information or copies of documentation held by the Contractor Consultant or a subcontractor subconsultant to the Contract Administrator Commonwealth's Representative or anyone else acting on behalf of the Principal Commonwealth to enable the Principal Commonwealth to comply with its obligations under the WHS Legislation; if requested by the Contract Administrator Commonwealth's Representative or required by the WHS Legislation, produce evidence of any Approvals including any authorisations, licences, registrations, prescribed qualifications or experience, or any other information relevant to work health and safety (as the case may be) to the satisfaction of the Contract Administrator Commonwealth's Representative before the Contractor Consultant or any subcontractor subconsultant commences such work; and where the Contractor Consultant is a supplier, manufacturer, designer or importer for the purposes of the WHS Legislation, promptly provide to the Contract Administrator as a condition precedent to Completion and before the expiry of the Defects Liability Period Commonwealth's Representative information concerning: the purpose for which any plant, structure or substance (as defined in the WHS Legislation) has been designed or manufactured; the results of any calculations, analysis, testing or examination carried out concerning the safety of the plant, substances or structures referred to in subparagraph A (i) (and the risks to the health and safety of persons); and any conditions necessary to ensure the plant, substances or structures are without risks to health and safety when used for the purpose for which they were designed or manufactured; ensure that . Resolution of Ambiguities If there is any design prepared by ambiguity, discrepancy or inconsistency in the Contractor under clause 5.1 eliminates or minimises the need for any hazardous manual tasks to be carried out in connection with a plant or structure; not use Asbestos or ACM in carrying out the Contractor's Activities; not use, install or incorporate Asbestos or ACM into the Works; provide a certificate to documents which make up the Contract Administrator in a form satisfactory to or between the Contract Administrator as a condition precedent and any Project Documents: subject to Completion which states thatparagraphs (b) and (c) the following order of precedence will apply: all materialsOfficial Order; Contract Particulars; Fee Schedule; Terms of Engagement; Brief; Panel Agreement; and other document forming part of the Contract (if any) specified in the Contract Particulars; where the ambiguity, goods, products, equipment discrepancy or inconsistency is between the Brief and plant any other requirement of the Contract (including any imported materialsother requirement of the Brief), goodsthe greater, productshigher or more stringent requirement, equipment standard, level of service or scope (as applicable) will prevail; where the ambiguity, discrepancy or inconsistency is between the Contract and plantany Project Document, the higher standard, quality or quantum will prevail but if this does not resolve the ambiguity, discrepancy or inconsistency, paragraph (a) usedwill prevail; if it is discovered by the Consultant or the Commonwealth's Representative, installed or incorporated into then the Works are entirely (meaning 100%) free of Asbestos and ACMparty discovering it must promptly give notice to the other party; and the Contractor has otherwise complied with all Statutory Requirements Commonwealth's Representative must instruct the Consultant as to the course it must adopt, including, where applicable, by applying the principles in relation paragraphs (a) to Asbestos and ACM in carrying out (c) above, within 14 days of the Contractor's Activities and the Works; without limiting notice under paragraph (xxiid), if any imported materials, goods, products, equipment and plant have or has been used, installed or incorporated into the Works, the Contractor must provide to the Contract Administrator as a condition precedent to Completion: sample test reports; and test report information, in the form of an analysis certificate from a NATA accredited laboratory or an equivalent international laboratory (listed at the NATA website) accredited for the relevant test method, in relation to the imported materials, goods, products, equipment or plant which have or has been used, installed or incorporated into the Works; and if the Contractor is a designer of a structure (or part of a structure) for the purposes of the WHS Legislation, the Contractor must provide to the Contract Administrator, with each submission of its design under clause 5.1, a written report that specifies the hazards relating to the design of the structure (or part) which, as far as the Contractor is reasonably aware: create a risk to health or safety to those carrying out construction work on the structure (or part); and are associated only with that particular design. In accordance with Regulation 293 of the Work Health and Safety Regulation 2011 (Cth) and any corresponding WHS law (as defined in the WHS Legislation) including Regulation 333 of the Occupational Health and Safety Regulations 2017 (Vic), if the Contractor carries out relevant construction work, the Principal engages and appoints (as relevant) the Contractor as the principal contractor for the construction project and the Contract and authorises the Contractor to have management or control of the workplace for the purpose of discharging the duties imposed on a principal contractor for the construction project and the Contract, pursuant to the Work Health and Safety Act 2011 (Cth) and Work Health and Safety Regulations 2011 (Cth) and any corresponding WHS law. The Contractor accepts the engagement and appointment (as relevant) as principal contractor and will fulfil the obligations of principal contractor for the construction project and the Contract, unless relieved of that engagement or appointment (as relevant) by notice in writing given by the Principal or the Contract Administrator.

Work Health and Safety. The Contractor Consultant must: ensure that in carrying out the Contractor's ActivitiesServices and the Works: it complies with all Statutory Requirements and other requirements of the Contract for Subcontract in respect of work health and safety, including the applicable WHS Legislation; where the applicable WHS Legislation does not prescribe a duty referred to in this Contract as one the Contractor must comply with, it complies with the duty contained in the Commonwealth WHS Legislation; it complies with the its duty under the WHS Legislation to consult, cooperate and coordinate activities with all other persons who have a work health and safety duty in relation to the same matter; it complies with the its duty under the WHS Legislation to notify the relevant regulator immediately upon becoming aware that a notifiable incident (within the meaning of the WHS Legislation) has occurred arising out of its business or undertaking; and it complies with the its duty under the WHS Legislation to, where a notifiable incident has occurred, to ensure, so far as is reasonably practicable, that the site where the notifiable incident has occurred is not disturbed until an inspector arrives at the site or any earlier time that an inspector directs, unless it is to: assist an injured person or remove a deceased person; make the area safe or to minimise the risk of a further notifiable incident; or the relevant regulator/inspector has given permission to disturb the site; carry out the Services and the Works to ensure the health and safety of persons is not put at risk; without limiting the ContractorConsultant's obligations under this Contract Subcontract or otherwise at law or in equity, notify the Contract AdministratorContractor's Representative and the Commonwealth's Representative: in respect of notifiable incidents within the meaning of the WHS Legislation, immediately; in respect of work health and safety incidents or accidents (which are not notifiable incidents) where the nature of the incident or accident indicates a potential systemic failure to identify hazards and manage risks to health and safety, so far as is reasonably practicable, within 24 hours of the incident or accident occurring; and in respect of all other all work health and safety matters arising out of or in any way in connection with the Contractor's Activities and the WorksServices, including the occurrence of any other incident or accident (not required to be reported in accordance with subparagraph A subparagraphs (i) or B(ii)), in a monthly reportwithin 30 days of such incident occurring; for the purposes of paragraphs (a)(i)D a)(iii) and (ii) abovec), in respect of any notifiable incident: immediately provide the Contract Administrator Contractor's Representative and the Commonwealth's Representative with a copy of the notice required to be provided to the relevant Commonwealth, State or Territory regulator; promptly provide the Contract Administrator Contractor's Representative and the Commonwealth's Representative with a copy of all witness statements and the investigation report relating to the notifiable incident; promptly provide the Contract Administrator Contractor's Representative and the Commonwealth's Representative with copies of any notice(s) or other documentation issued by the relevant Commonwealth, State or Territory regulator; and within 10 days of the date of notification to the relevant Commonwealth, State or Territory regulator, provide the Contract Administrator Contractor's Representative and the Commonwealth's Representative with a summary of the related investigations, actions to be taken taken, and any impact on the Contract Subcontract that may result from the notifiable incident; if applicable, maintain accreditation under the WHS Accreditation Scheme at all times whilst carrying out the Contractor's Activities and comply with all conditions of the WHS Accreditation Scheme; if applicable, where the Contractor is a joint venture, ensure: the party holding the accreditation in accordance with the WHS Accreditation Scheme at the Award Date: maintains accreditation at all times whilst carrying out the Contractor's Activities; and complies with all conditions of the WHS Accreditation Scheme; any parties carrying out the Contractor's Activities (where those activities include building work as defined in the Federal Safety Commissioner Act 2022 (Cth)) that do not hold accreditation in accordance with the WHS Accreditation Scheme comply with the written undertakings provided to the Federal Safety Commissioner and lodged as part of their tender; carry out the Contractor's Activities safely and in a manner that does not put the health and safety of persons at risk; carry out the Contractor's Activities in a manner that protects property; institute systems to: obtain regular written assurances from each Other Contractor and subcontractor subconsultant about their ongoing compliance with the WHS Legislation; and provide, in a format specified by the Contract AdministratorContractor's Representative, the written assurances regarding the ContractorConsultant's ongoing compliance with the WHS Legislation: on a quarterly basis (when requested by the Contract Administrator)basis; and as otherwise directed by the Contract AdministratorContractor's Representative; provide the written assurances obtained under paragraph (viiie), to the Contract Administrator Contractor's Representative in accordance with paragraph (viiie); without limiting the ContractorConsultant 's obligations under the Contract this Subcontract or otherwise at law or in equity, equity within 10 days of receipt provide to the Contract Administrator Contractor's Representative and the Commonwealth's Representative copies of: all formal notices and written communications issued by a regulator or agent of the regulator under or in compliance with the applicable WHS Legislation to the Contractor Consultant or subcontractor subconsultant (as the case may be) relating to work health and safety matters; all formal notices issued by a health and safety representative of the Contractor Consultant or subcontractorsubconsultant (as the case may be), under or in compliance with the applicable WHS Legislation; and all formal notices, written communications and written undertakings given by the Contractor Consultant or subcontractor subconsultant (as the case may be) to the regulator or agent of the regulator under or in compliance with the applicable WHS Legislation, arising out of or in any way in connection with the Contractor's Activities or carrying out of the WorksServices and the Works by the Consultant; exercise a duty of the utmost good faith to the Principal Contractor in carrying out the Contractor's Activities Services to enable the Principal Contractor to discharge the PrincipalContractor's duties under the WHS Legislation; ensure all subcontracts include provisions equivalent to the obligations of the Contractor in this clause 8.9; ensure that, if any Statutory Requirement, Requirement requires that: a person: be authorised or licensed (in accordance with the WHS Legislation) to carry out any work at that workplace, that person is so authorised or licensed, and complies with any conditions of such authorisation or licence; or has prescribed qualifications or experience, or if not, is to be supervised by a person who has prescribed qualifications or experience (as defined in the WHS Legislation), that person has the required qualifications or experience or is so supervised; or a workplace, plant or substance (or design), or work (or class of work) be authorised or licensed, that workplace, plant or substance, or work is so authorised or licensed; not direct or allow a person to carry out work, or use plant or a substance at a workplace unless unless, the authorisation, licensing, prescribed qualifications or experience required by any Statutory Requirement and paragraph (xiiii) are met; immediately notify the Contract Administrator giving full particulars, so far as they are known to it, upon becoming aware of any intention on the part of a regulatory authority to cancel, revoke, suspend or amend an authorisation relating to work health and safety; without limiting the ContractorConsultant 's obligations under the Contract this Subcontract (including paragraph (iiid) in respect of notifiable incidents) or otherwise at law or in equity, within 10 days of a request by the Contract Administrator Contractor's Representative or anyone else acting on behalf of the PrincipalContractor, provide all information or copies of documentation held by the Contractor Consultant or a subcontractor subconsultant to the Contract Administrator Contractor's Representative or anyone else acting on behalf of the Principal Contractor to enable the Principal Contractor to comply with its obligations under the WHS Legislation; if requested by the Contract Administrator Contractor's Representative or required by the WHS Legislation, produce evidence of any Approvals including any authorisations, licences, registrations, prescribed qualifications or experience, or any other information relevant to work health and safety (as the case may be) to the satisfaction of the Contract Administrator Contractor's Representative before the Contractor Consultant or any subcontractor subconsultant commences such work; and where the Contractor Consultant is a supplier, manufacturer, designer or importer for the purposes of the WHS Legislation, promptly provide to the Contract Administrator as a condition precedent to Completion and before the expiry of the Defects Liability Period Contractor's Representative information concerning: the purpose for which any plant, structure or substance (as defined in the WHS Legislation) has been designed or manufactured; the results of any calculations, analysis, testing or examination carried out concerning the safety of the plant, substances or structures referred to in subparagraph A paragraph (i) (and the risks to the health and safety of persons); and any conditions necessary to ensure the plant, substances or structures are without risks to health and safety when used for the purpose for which they were designed or manufactured. Resolution of Ambiguities If there is any ambiguity, discrepancy or inconsistency in the documents which make up the Subcontract or between the Subcontract and any Project Documents: the order of precedence specified in the Subcontract Particulars will apply; ensure that where the ambiguity, discrepancy or inconsistency is between the Subcontract and any design prepared Project Documents, the higher standard, quality or quantum will prevail but if this does not resolve the ambiguity, discrepancy or inconsistency, the Subcontract will prevail; if it is discovered by the Contractor under clause 5.1 eliminates Consultant or minimises the need for any hazardous manual tasks Contractor, then the party discovering it must promptly give notice to be carried out in connection with a plant or structurethe other party; not use Asbestos or ACM in carrying out and the Contractor's Activities; not use, install or incorporate Asbestos or ACM into Representative must instruct the Works; provide a certificate Consultant as to the Contract Administrator in a form satisfactory to course it must adopt within 14 days of the Contract Administrator as a condition precedent to Completion which states that: all materials, goods, products, equipment and plant (including any imported materials, goods, products, equipment and plant) used, installed or incorporated into the Works are entirely (meaning 100%) free of Asbestos and ACM; and the Contractor has otherwise complied with all Statutory Requirements in relation to Asbestos and ACM in carrying out the Contractor's Activities and the Works; without limiting notice under paragraph (xxiic), if any imported materials, goods, products, equipment and plant have or has been used, installed or incorporated into the Works, the Contractor must provide to the Contract Administrator as a condition precedent to Completion: sample test reports; and test report information, in the form of an analysis certificate from a NATA accredited laboratory or an equivalent international laboratory (listed at the NATA website) accredited for the relevant test method, in relation to the imported materials, goods, products, equipment or plant which have or has been used, installed or incorporated into the Works; and if the Contractor is a designer of a structure (or part of a structure) for the purposes of the WHS Legislation, the Contractor must provide to the Contract Administrator, with each submission of its design under clause 5.1, a written report that specifies the hazards relating to the design of the structure (or part) which, as far as the Contractor is reasonably aware: create a risk to health or safety to those carrying out construction work on the structure (or part); and are associated only with that particular design. In accordance with Regulation 293 of the Work Health and Safety Regulation 2011 (Cth) and any corresponding WHS law (as defined in the WHS Legislation) including Regulation 333 of the Occupational Health and Safety Regulations 2017 (Vic), if the Contractor carries out relevant construction work, the Principal engages and appoints (as relevant) the Contractor as the principal contractor for the construction project and the Contract and authorises the Contractor to have management or control of the workplace for the purpose of discharging the duties imposed on a principal contractor for the construction project and the Contract, pursuant to the Work Health and Safety Act 2011 (Cth) and Work Health and Safety Regulations 2011 (Cth) and any corresponding WHS law. The Contractor accepts the engagement and appointment (as relevant) as principal contractor and will fulfil the obligations of principal contractor for the construction project and the Contract, unless relieved of that engagement or appointment (as relevant) by notice in writing given by the Principal or the Contract Administrator.

Work Health and Safety. The Contractor Consultant must: ensure that in carrying out the Contractor's Activities: Services in Australia it complies with with: all Statutory Requirements and other requirements of the Contract for in respect of work health and safety, including the applicable WHS Legislation; where the applicable WHS Legislation does not prescribe a duty referred to in this Contract as one the Contractor must comply with, it complies with the duty contained in the Commonwealth WHS Legislation; it complies with the duty under the WHS Legislation to consult, cooperate and coordinate activities with all other persons who have a work health and safety duty in relation to the same matter; it complies with the duty under the WHS Legislation to notify the relevant regulator immediately upon becoming aware that a notifiable incident (within the meaning of the WHS Legislation) has occurred arising out of its business or undertaking; and it complies with the duty under the WHS Legislation to, where a notifiable incident has occurred, to ensure, so far as is reasonably practicable, that the site where the notifiable incident has occurred is not disturbed until an inspector arrives at the site or any earlier time that an inspector directs, unless unless: it is to: to assist an injured person or remove a deceased person; it is to make the area safe or to minimise the risk of a further notifiable incident; or the relevant regulator/inspector has given permission to disturb the site; ensure that in carrying out the Services in the Host Nation, it uses its best endeavours to comply with the obligations set out in paragraph (a), as if the WHS Legislation applied to the Consultant; comply with any Statutory Requirements of the Host Nation concerning work health and safety in carrying out the Services, provided in the event there is a conflict between the standard prescribed by Statutory Requirements of the Host Nation concerning work health and safety and any Statutory Requirements of Australia concerning work health and safety, the Statutory Requirements of Australia shall prevail; carry out the Services to ensure the health and safety of persons is not put at risk; without limiting the ContractorConsultant's obligations under this the Contract or otherwise at law or in equity, notify the Contract Administrator: Administrator in respect of of: notifiable incidents within the meaning of the WHS Legislation, immediatelyimmediately upon becoming aware of the notifiable incident (irrespective of whether they occur in Australia or in the Host Nation); in respect of work health and safety incidents or accidents (which are not notifiable incidents) where the nature of the incident or accident indicates a potential systemic failure to identify hazards and manage risks to health and safety, so far as is reasonably practicable, within 24 hours of the incident or accident occurring; and in respect of all other all work health and safety matters arising out of or in connection with the Contractor's Activities and the WorksServices, including the occurrence of any other incident or accident (not required to be reported in accordance with subparagraph A subparagraphs (i) or B(ii)), in a monthly reportthe reports under clause 4.8; for the purposes of paragraphs (a)(i)D a)(iii) and (iie) above, in respect of any notifiable incident: immediately provide the Contract Administrator with a copy of the notice required to be provided to the relevant Commonwealth, State or Territory regulator or Host Nation regulator; promptly provide the Contract Administrator with a copy of copies of: all witness statements and the investigation report relating to the notifiable incident; promptly provide the Contract Administrator with copies of and any notice(s) or other documentation issued by the relevant Commonwealth, State or Territory regulator or Host Nation regulator; and within 10 days of the date of notification to the relevant Commonwealth, State or Territory regulator or Host Nation regulator, provide the Contract Administrator with a summary of the related investigations, actions to be taken taken, and any impact on the Contract that may result from the notifiable incident; if applicablefor Services that are carried out in: Australia, maintain accreditation under the WHS Accreditation Scheme at all times whilst carrying out the Contractor's Activities and comply with all conditions of the WHS Accreditation Scheme; if applicable, where the Contractor is a joint venture, ensure: the party holding the accreditation in accordance with the WHS Accreditation Scheme at the Award Date: maintains accreditation at all times whilst carrying out the Contractor's Activities; and complies with all conditions of the WHS Accreditation Scheme; any parties carrying out the Contractor's Activities (where those activities include building work as defined in the Federal Safety Commissioner Act 2022 (Cth)) that do not hold accreditation in accordance with the WHS Accreditation Scheme comply with the written undertakings provided to the Federal Safety Commissioner and lodged as part of their tender; carry out the Contractor's Activities safely and in a manner that does not put the health and safety of persons at risk; carry out the Contractor's Activities in a manner that protects property; institute systems to: obtain regular written assurances from each Other Contractor and subcontractor subconsultant about their ongoing compliance with the WHS Legislation; and provide, in a format specified by the Contract Administrator, the written assurances regarding the ContractorConsultant's ongoing compliance with the WHS Legislation: on a monthly basis in the reports under clause 4.8; on a quarterly basis (when requested by the Contract Administrator); and as otherwise directed by the Contract Administrator; or the Host Nation, if requested by the Contract Administrator, use its best endeavours to comply with the requirements of subparagraphs (i)A and (i)B; for Services that are carried out in: Australia, provide the written assurances obtained under paragraph (viii), g)(i) to the Contract Administrator in accordance with paragraph (viiig)(i); or the Host Nation, use its best endeavours to provide the written assurances obtained under paragraph (g)(ii) to the Contract Administrator in accordance with paragraph (g)(ii); without limiting the ContractorConsultant's obligations under the Contract or otherwise at law or in equity, equity within 10 days of receipt provide to the Contract Administrator copies ofof all: formal notices and written communications issued by a regulator or agent of the regulator under or in compliance with the applicable WHS Legislation to the Contractor Consultant or subcontractor subconsultant relating to work health and safety matters; all formal notices issued by a health and safety representative of the Contractor Consultant or subcontractor, subconsultant under or in compliance with the applicable WHS Legislation; and all formal notices, written communications and written undertakings given by the Contractor Consultant or subcontractor subconsultant to the regulator or agent of the regulator under or in compliance with the applicable WHS Legislation, arising out of or in connection with the Contractor's Activities or the WorksServices; exercise a duty of the utmost good faith to the Principal Commonwealth in carrying out the Contractor's Activities Services to enable the Principal Commonwealth to discharge the PrincipalCommonwealth's duties under the WHS Legislation; for Services that are carried out in: Australia, ensure all subcontracts include provisions equivalent to the obligations of the Contractor Consultant in this clause 8.96.16; or the Host Nation, use its best endeavours to ensure all subcontracts include provisions equivalent to the obligations set out in clause 6.16; ensure that, that if any Statutory Requirement, Requirement (whether in Australia or the Host Nation) requires that: a person: be authorised or licensed (in accordance with the WHS LegislationLegislation or a Statutory Requirement of the Host Nation (as applicable)) to carry out any work at that workplace, that person is so authorised or licensed, and complies with any conditions of such authorisation or licence; or has prescribed qualifications or experience, or if not, is to be supervised by a person who has prescribed qualifications or experience (as defined in accordance with the WHS LegislationLegislation or any Statutory Requirement of the Host Nation (as applicable)), that person has the required qualifications or experience or is so supervised; or a workplace, plant or substance (or design), or work (or class of work) be authorised or licensed, that workplace, plant or substance, or work is so authorised or licensed; not direct or allow a person to carry out work, or use plant or a substance (or design) at a workplace unless the authorisation, licensing, prescribed qualifications or experience required by any Statutory Requirement (whether in Australia or the Host Nation) and paragraph (xiiil) are met; immediately notify the Contract Administrator giving full particulars, so far as they are known to it, upon becoming aware of any intention on the part of a an Australian or Host Nation regulatory authority to cancel, revoke, suspend or amend an authorisation relating to work health and safety; without limiting the ContractorConsultant's obligations under the Contract (including paragraph (iiif) in respect of notifiable incidents) or otherwise at law or in equity, within 10 days of a request by the Contract Administrator or anyone else acting on behalf of the PrincipalCommonwealth, provide all information or copies of documentation held by the Contractor Consultant or a subcontractor subconsultant to the Contract Administrator or anyone else acting on behalf of the Principal Commonwealth to enable the Principal Commonwealth to comply with its obligations under the WHS Legislation; if requested by the Contract Administrator or required by the WHS LegislationLegislation or any Statutory Requirements of the Host Nation, produce evidence of any Approvals including any authorisations, licences, registrations, prescribed qualifications or experience, or any other information relevant to work health and safety to the satisfaction of the Contract Administrator before the Contractor Consultant or any subcontractor subconsultant commences such work; where the Contractor is a supplier, manufacturer, designer or importer for the purposes of the WHS Legislation, provide to the Contract Administrator as a condition precedent prior to Completion (as defined in the Construction Contract) and before the expiry of the Defects Liability Period (as defined in the Construction Contract) information concerning: the purpose for which any plant, structure or substance (as defined in the WHS Legislation) has been designed or manufactured; the results of any calculations, analysis, testing or examination carried out concerning the safety of the plant, substances or structures referred to in subparagraph A (i) (and the risks to the health and safety of persons); and any conditions necessary to ensure the plant, substances or structures are without risks to health and safety when used for the purpose for which they were designed or manufactured; ensure that any design prepared by the Contractor under clause 5.1 Design Documentation: eliminates or minimises the need for any hazardous manual tasks to be carried out in connection with a plant or structure; and does not use provide for Asbestos or ACM to be used in carrying out the Contractor's Activities; not use, install or incorporate Asbestos or ACM incorporated into the Works; with each submission of Design Documentation under clause 6.2, provide a certificate to the Contract Administrator with a certificate in a form satisfactory to the Contract Administrator as a condition precedent to Completion which states provides that: all materials, goods, products, equipment and plant (including any imported materials, goods, products, equipment and plant) used, installed described in the Design Documentation to be used in (or incorporated into into) the Works have been designed and specified such that they are entirely (meaning 100%) free of Asbestos and ACM; and the Contractor Consultant has otherwise complied with all Statutory Requirements in relation to Asbestos and ACM in carrying out the Contractor's Activities and the WorksServices; without limiting paragraph (xxiis), if any imported materials, goods, products, equipment and or plant have or has been used, installed described in the Design Documentation are to be used in (or incorporated into into) the WorksWorks that were not manufactured in Australia, the Contractor Consultant must provide to the Contract Administrator as a condition precedent to Completionwith each submission of Design Documentation under clause 6.2: sample test reports; and test report information, in the form of an analysis certificate from a NATA accredited laboratory or an equivalent international laboratory (listed at the NATA website) accredited for the relevant test method, in relation to the imported materials, goods, products, equipment or plant which have or has been used, installed to be used in (or incorporated into into) the Works; and if the Contractor is a designer of a structure (or part of a structure) for the purposes of the WHS Legislation, the Contractor must provide to the Contract Administrator, with each submission of its design Design Documentation under clause 5.16.2, a written report that specifies the hazards relating to the design of the structure (or part) which, as far as the Contractor Consultant is reasonably aware: create a risk to health or safety to those carrying out construction work on the structure (or part); and are associated only with that particular design. In accordance with Regulation 293 of the Work Health and Safety Regulation 2011 (Cth) and any corresponding WHS law (as defined in the WHS Legislation) including Regulation 333 of the Occupational Health and Safety Regulations 2017 (Vic), if the Contractor carries out relevant construction work, the Principal engages and appoints (as relevant) the Contractor as the principal contractor for the construction project and the Contract and authorises the Contractor to have management or control of the workplace for the purpose of discharging the duties imposed on a principal contractor for the construction project and the Contract, pursuant to the Work Health and Safety Act 2011 (Cth) and Work Health and Safety Regulations 2011 (Cth) and any corresponding WHS law. The Contractor accepts the engagement and appointment (as relevant) as principal contractor and will fulfil the obligations of principal contractor for the construction project and the Contract, unless relieved of that engagement or appointment (as relevant) by notice in writing given by the Principal or the Contract Administrator.

Work Health and Safety. The Contractor must: ensure that in carrying out the Contractor's Activities, it so far as is reasonably practicable: it complies with all Statutory Requirements and other requirements of the Contract for work health and safety, including the applicable WHS Legislation; where the applicable WHS Legislation does not prescribe a duty referred to in this Contract as one the Contractor must comply with, it complies with the duty contained in the Commonwealth WHS Legislation; it complies with the duty under the WHS Legislation to consultconsults, cooperate cooperates and coordinate activities with all other persons who have a work health and safety duty in relation to the same matter; it complies with the duty under the WHS Legislation to notify the relevant regulator immediately upon becoming aware that a notifiable incident (within the meaning of the WHS Legislation) has occurred arising out of its business or undertaking; and it complies with the duty under the WHS Legislation to, where a notifiable incident has occurred, to ensure, so far as is reasonably practicable, ensure that the site where the notifiable incident has occurred is not disturbed until an inspector arrives at the site or any earlier time that an inspector directs, unless it is to: assist an injured person or remove a deceased person; make the area safe or to minimise the risk of a further notifiable incident; or the relevant regulator/inspector has given permission to disturb the site, as if the WHS Legislation applied to the Contractor; comply with any local work health and safety Statutory Requirements in delivering the Works and performing the Contractor's Activities, provided in the event there is a conflict between the standard prescribed by local work health and safety Statutory Requirements and any Australian Statutory Requirements concerning work health and safety, the Australian Statutory Requirements shall prevail; without limiting the Contractor's obligations under this Contract or otherwise at law or in equity, notify the Contract Administrator: in respect of notifiable incidents within the meaning of the WHS Legislation, immediatelyimmediately upon becoming aware of the notifiable incident; in respect of work health and safety incidents or accidents (which are not notifiable incidents) where the nature of the incident or accident indicates a potential systemic failure to identify hazards and manage risks to health and safety, so far as is reasonably practicable, within 24 hours of the incident or accident occurring; and in respect of other all work health and safety matters arising out of or in connection with the Contractor's Activities and the Works, including the occurrence of any other incident or accident (not required to be reported in accordance with subparagraph A (i) or B(ii), ) in a monthly report; for the purposes of paragraphs (a)(i)D and (ii) above, in respect of any notifiable incident: immediately provide the Contract Administrator with a copy of the notice required to be provided to the relevant Commonwealth, State or Territory regulator; promptly provide the Contract Administrator with a copy of all witness statements and the investigation report relating to the notifiable incident; promptly provide the Contract Administrator with copies of any notice(s) or other documentation issued by the relevant Commonwealth, State or Territory regulator; and within 10 days of the date of notification to the relevant Commonwealth, State or Territory regulator, provide the Contract Administrator with a summary of the related investigations, actions to be taken and any impact on the Contract that may result from the notifiable incident; if applicable, maintain accreditation under the WHS Accreditation Scheme at all times whilst carrying out the Contractor's Activities and comply with all conditions of the WHS Accreditation Scheme; if applicable, where the Contractor is a joint venture, ensure: the party holding the accreditation in accordance with the WHS Accreditation Scheme at the Award Date: maintains accreditation at all times whilst carrying out the Contractor's Activities; and complies with all conditions of the WHS Accreditation Scheme; any parties carrying out the Contractor's Activities (where those activities include building work as defined in the Federal Safety Commissioner Act 2022 (Cth)) that do not hold accreditation in accordance with the WHS Accreditation Scheme comply with the written undertakings provided to the Federal Safety Commissioner and lodged as part of their tender; carry out the Contractor's Activities safely and in a manner that does not put the health and safety of persons at risk; carry out the Contractor's Activities in a manner that protects property; comply with any direction issued by the Contract Administrator to change its manner of working or to cease working if the Contract Administrator reasonably considers there is a risk to the health and safety of people or damage to property arising from the Contractor's Activities; if requested by the Contract Administrator, use its best endeavours to institute systems to: obtain regular written assurances from each Other Contractor and subcontractor about their ongoing compliance with the WHS Legislation; and provide, in a format specified by the Contract Administrator, the written assurances regarding the Contractor's ongoing compliance with the WHS Legislation: on a quarterly basis (when , if requested by the Contract Administrator); and as otherwise directed by the Contract Administrator; use its best endeavours to provide the written assurances obtained under paragraph (viiig), to the Contract Administrator in accordance with this paragraph (viii8.9(h); without limiting the Contractor's obligations under the Contract or otherwise at law or in equity, within 10 days of receipt provide use its best endeavours to the Contract Administrator copies of: applicable WHS Legislation to the Contractor or subcontractor relating to work health and safety matters; all formal notices issued by a health and safety representative of the Contractor or subcontractor, under or in compliance with the applicable WHS Legislation; and all formal notices, written communications and written undertakings given by the Contractor or subcontractor to the regulator or agent of the regulator under or in compliance with the applicable WHS Legislation, arising out of or in connection with the Contractor's Activities or the Works; exercise a duty of the utmost good faith to the Principal in carrying out the Contractor's Activities to enable the Principal to discharge the Principal's duties under the WHS Legislation; ensure that all subcontracts include provisions equivalent to the obligations of the Contractor in this clause 8.9; ensure that, if any local Statutory Requirement, requires that: a person: be authorised or licensed (in accordance with the WHS Legislation) to carry out any work at that workplace, that person is so authorised or licensed, and complies with any conditions of such authorisation or licence; or has prescribed qualifications or experience, or if not, is to be supervised by a person who has prescribed qualifications or experience (as defined in the WHS Legislation)experience, that person has the required qualifications or experience or is so supervised; or a workplace, plant or substance (or design), or work (or class of work) be authorised or licensed, that workplace, plant or substance, or work is so authorised or licensed; not direct or allow a person to carry out work, or use plant or a substance at a workplace unless the authorisation, licensing, prescribed qualifications or experience required by any Statutory Requirement and paragraph (xiiij) are met; immediately notify the Contract Administrator giving full particulars, so far as they are known to it, upon becoming aware of any intention on the part of a regulatory authority to cancel, revoke, suspend or amend an authorisation relating to work health and safety; without limiting the Contractor's obligations under the Contract (including paragraph (iii) in respect of notifiable incidents) or otherwise at law or in equity, within 10 days of a request by the Contract Administrator or anyone else acting on behalf of the Principal, provide all information or copies of documentation held by the Contractor or a subcontractor to the Contract Administrator or anyone else acting on behalf of the Principal to enable the Principal to comply with its obligations under the WHS Legislation; if requested by the Contract Administrator or required by the WHS LegislationAdministrator, produce evidence of any Approvals including any authorisations, licences, registrations, prescribed qualifications or experience, or any other information relevant to work health and safety to the satisfaction of the Contract Administrator before the Contractor or any subcontractor commences such work; where the Contractor is a supplier, manufacturer, designer or importer for the purposes of the WHS Legislation, provide to the Contract Administrator as a condition precedent to Completion and before the expiry of the Defects Liability Period information concerning: the purpose for which any plant, structure or substance (as defined in the WHS Legislation) has been designed or manufactured; the results of any calculations, analysis, testing or examination carried out concerning the safety of the plant, substances or structures referred to in subparagraph A (and the risks to the health and safety of persons); and any conditions necessary to ensure the plant, substances or structures are without risks to health and safety when used for the purpose for which they were designed or manufactured; ensure that any design prepared by the Contractor under clause 5.1 eliminates or minimises the need for any hazardous manual tasks to be carried out in connection with a plant or structurestructure and provide upon request such information and documentation (including analysis, testing and calculations) regarding the design as required by the Contract Administrator; not use Asbestos or ACM in carrying out the Contractor's Activities; not use, install or incorporate Asbestos or ACM into the Works; upon request by the Contract Administrator, provide a certificate to the Contract Administrator in a form satisfactory to the Contract Administrator as a condition precedent to Completion which states that: all materials, goods, products, equipment and plant (including any imported materials, goods, products, equipment and plant) used, installed or incorporated into the Works are entirely (meaning 100%) free of Asbestos and ACM; and the Contractor has otherwise complied with all any applicable Statutory Requirements in relation to Asbestos and ACM in carrying out the Contractor's Activities and the Works; without limiting paragraph (xxii), if any imported materials, goods, products, equipment . The Contract Administrator may direct the Contractor to take specific measures that the Contract Administrator or the Principal considers reasonably necessary to deal with a circumstance/event which has or is likely to have an adverse effect on the health or safety of persons connected with the provisions of the Contractor's Activities and plant have or has been used, installed or incorporated into the Works, the Contractor must provide comply with this direction, to the Contract Administrator extent reasonably practicable. Work Health and Safety - engagement as a condition precedent to Completion: sample test reports; and test report information, in the form of an analysis certificate from a NATA accredited laboratory or an equivalent international laboratory (listed at the NATA website) accredited for the relevant test method, in relation to the imported materials, goods, products, equipment or plant which have or has been used, installed or incorporated into the Works; and if the Contractor is a designer of a structure (or part of a structure) for the purposes of the WHS Legislation, the Contractor must provide to the Contract Administrator, with each submission of its design under clause 5.1, a written report that specifies the hazards relating to the design of the structure (or part) which, as far as the Contractor is reasonably aware: create a risk to health or safety to those carrying out construction work on the structure (or part); and are associated only with that particular design. principal contractor In accordance with Regulation 293 of the Work Health and Safety Regulation 2011 (Cth) and any corresponding WHS law (as defined in the WHS Legislation) including Regulation 333 of the Occupational Health and Safety Regulations 2017 (Vic), if the Contractor carries out relevant construction work, the Principal Commonwealth engages and appoints (as relevant) the Contractor as the principal contractor for the construction project and the Contract and authorises the Contractor to have management or control of the workplace for the purpose of discharging the duties imposed on a principal contractor for the construction project and the Contract, pursuant to the Work Health and Safety Act 2011 (Cth) and Work Health and Safety Regulations 2011 (Cth) and any corresponding WHS lawLegislation. The Contractor accepts the engagement and appointment (as relevant) as principal contractor and will fulfil the obligations of principal contractor for the construction project and the Contract, unless relieved of that engagement or appointment (or appointment as relevant) by notice in writing given by the Principal Commonwealth or the Contract Administrator.

Work Health and Safety. The Contractor Consultant must: ensure that in carrying out the Contractor's ActivitiesServices and the Works: it complies with all Statutory Requirements and other requirements of the Contract for Subcontract in respect of work health and safety, including the applicable WHS Legislation; where the applicable WHS Legislation does not prescribe a duty referred to in this Contract as one the Contractor must comply with, it complies with the duty contained in the Commonwealth WHS Legislation; it complies with the its duty under the WHS Legislation to consult, cooperate and coordinate activities with all other persons who have a work health and safety duty in relation to the same matter; it complies with the its duty under the WHS Legislation to notify the relevant regulator immediately upon becoming aware that a notifiable incident (within the meaning of the WHS Legislation) has occurred arising out of its business or undertaking; and it complies with the its duty under the WHS Legislation to, where a notifiable incident has occurred, to ensure, so far as is reasonably practicable, that the site where the notifiable incident has occurred is not disturbed until an inspector arrives at the site or any earlier time that an inspector directs, unless it is to: assist an injured person or remove a deceased person; make the area safe or to minimise the risk of a further notifiable incident; or the relevant regulator/inspector has given permission to disturb the site; carry out the Services and the Works to ensure the health and safety of persons is not put at risk; without limiting the ContractorConsultant's obligations under this Contract Subcontract or otherwise at law or in equity, notify the Contract AdministratorContractor's Representative and the Commonwealth's Representative: in respect of notifiable incidents within the meaning of the WHS Legislation, immediately; in respect of work health and safety incidents or accidents (which are not notifiable incidents) where the nature of the incident or accident indicates a potential systemic failure to identify hazards and manage risks to health and safety, so far as is reasonably practicable, within 24 hours of the incident or accident occurring; and in respect of all other all work health and safety matters arising out of or in any way in connection with the Contractor's Activities and the WorksServices, including the occurrence of any other incident or accident (not required to be reported in accordance with subparagraph A subparagraphs (i) or B(ii)), in a monthly reportwithin 30 days of such incident occurring; for the purposes of paragraphs (a)(i)D iii) and (ii) abovec), in respect of any notifiable incident: immediately provide the Contract Administrator Contractor's Representative and the Commonwealth's Representative with a copy of the notice required to be provided to the relevant Commonwealth, State or Territory regulator; promptly provide the Contract Administrator Contractor's Representative and the Commonwealth's Representative with a copy of all witness statements and the investigation report relating to the notifiable incident; promptly provide the Contract Administrator Contractor's Representative and the Commonwealth's Representative with copies of any notice(s) or other documentation issued by the relevant Commonwealth, State or Territory regulator; and within 10 days of the date of notification to the relevant Commonwealth, State or Territory regulator, provide the Contract Administrator Contractor's Representative and the Commonwealth's Representative with a summary of the related investigations, actions to be taken taken, and any impact on the Contract Subcontract that may result from the notifiable incident; if applicable, maintain accreditation under the WHS Accreditation Scheme at all times whilst carrying out the Contractor's Activities and comply with all conditions of the WHS Accreditation Scheme; if applicable, where the Contractor is a joint venture, ensure: the party holding the accreditation in accordance with the WHS Accreditation Scheme at the Award Date: maintains accreditation at all times whilst carrying out the Contractor's Activities; and complies with all conditions of the WHS Accreditation Scheme; any parties carrying out the Contractor's Activities (where those activities include building work as defined in the Federal Safety Commissioner Act 2022 (Cth)) that do not hold accreditation in accordance with the WHS Accreditation Scheme comply with the written undertakings provided to the Federal Safety Commissioner and lodged as part of their tender; carry out the Contractor's Activities safely and in a manner that does not put the health and safety of persons at risk; carry out the Contractor's Activities in a manner that protects property; institute systems to: obtain regular written assurances from each Other Contractor and subcontractor subconsultant about their ongoing compliance with the WHS Legislation; and provide, in a format specified by the Contract AdministratorContractor's Representative, the written assurances regarding the ContractorConsultant's ongoing compliance with the WHS Legislation: on a quarterly basis (when requested by the Contract Administrator)basis; and as otherwise directed by the Contract AdministratorContractor's Representative; provide the written assurances obtained under paragraph (viiie), to the Contract Administrator Contractor's Representative in accordance with paragraph (viiie); without limiting the ContractorConsultant 's obligations under the Contract this Subcontract or otherwise at law or in equity, equity within 10 days of receipt provide to the Contract Administrator Contractor's Representative and the Commonwealth's Representative copies of: all formal notices and written communications issued by a regulator or agent of the regulator under or in compliance with the applicable WHS Legislation to the Contractor Consultant or subcontractor subconsultant (as the case may be) relating to work health and safety matters; all formal notices issued by a health and safety representative of the Contractor Consultant or subcontractorsubconsultant (as the case may be), under or in compliance with the applicable WHS Legislation; and all formal notices, written communications and written undertakings given by the Contractor Consultant or subcontractor subconsultant (as the case may be) to the regulator or agent of the regulator under or in compliance with the applicable WHS Legislation, arising out of or in any way in connection with the Contractor's Activities or carrying out of the WorksServices and the Works by the Consultant; exercise a duty of the utmost good faith to the Principal Contractor in carrying out the Contractor's Activities Services to enable the Principal Contractor to discharge the PrincipalContractor's duties under the WHS Legislation; ensure all subcontracts include provisions equivalent to the obligations of the Contractor in this clause 8.9; ensure that, if any Statutory Requirement, Requirement requires that: a person: be authorised or licensed (in accordance with the WHS Legislation) to carry out any work at that workplace, that person is so authorised or licensed, and complies with any conditions of such authorisation or licence; or has prescribed qualifications or experience, or if not, is to be supervised by a person who has prescribed qualifications or experience (as defined in the WHS Legislation), that person has the required qualifications or experience or is so supervised; or a workplace, plant or substance (or design), or work (or class of work) be authorised or licensed, that workplace, plant or substance, or work is so authorised or licensed; not direct or allow a person to carry out work, or use plant or a substance at a workplace unless unless, the authorisation, licensing, prescribed qualifications or experience required by any Statutory Requirement and paragraph (xiiii) are met; immediately notify the Contract Administrator giving full particulars, so far as they are known to it, upon becoming aware of any intention on the part of a regulatory authority to cancel, revoke, suspend or amend an authorisation relating to work health and safety; without limiting the ContractorConsultant 's obligations under the Contract this Subcontract (including paragraph (iiid) in respect of notifiable incidents) or otherwise at law or in equity, within 10 days of a request by the Contract Administrator Contractor's Representative or anyone else acting on behalf of the PrincipalContractor, provide all information or copies of documentation held by the Contractor Consultant or a subcontractor subconsultant to the Contract Administrator Contractor's Representative or anyone else acting on behalf of the Principal Contractor to enable the Principal Contractor to comply with its obligations under the WHS Legislation; if requested by the Contract Administrator Contractor's Representative or required by the WHS Legislation, produce evidence of any Approvals including any authorisations, licences, registrations, prescribed qualifications or experience, or any other information relevant to work health and safety (as the case may be) to the satisfaction of the Contract Administrator Contractor's Representative before the Contractor Consultant or any subcontractor subconsultant commences such work; and where the Contractor Consultant is a supplier, manufacturer, designer or importer for the purposes of the WHS Legislation, promptly provide to the Contract Administrator as a condition precedent to Completion and before the expiry of the Defects Liability Period Contractor's Representative information concerning: the purpose for which any plant, structure or substance (as defined in the WHS Legislation) has been designed or manufactured; the results of any calculations, analysis, testing or examination carried out concerning the safety of the plant, substances or structures referred to in subparagraph A paragraph (i) (and the risks to the health and safety of persons); and any conditions necessary to ensure the plant, substances or structures are without risks to health and safety when used for the purpose for which they were designed or manufactured. Resolution of Ambiguities If there is any ambiguity, discrepancy or inconsistency in the documents which make up the Subcontract or between the Subcontract and any Project Documents: the order of precedence specified in the Subcontract Particulars will apply; ensure that where the ambiguity, discrepancy or inconsistency is between the Subcontract and any design prepared Project Documents, the higher standard, quality or quantum will prevail but if this does not resolve the ambiguity, discrepancy or inconsistency, the Subcontract will prevail; if it is discovered by the Contractor under clause 5.1 eliminates Consultant or minimises the need for any hazardous manual tasks Contractor, then the party discovering it must promptly give notice to be carried out in connection with a plant or structurethe other party; not use Asbestos or ACM in carrying out and the Contractor's Activities; not use, install or incorporate Asbestos or ACM into Representative must instruct the Works; provide a certificate Consultant as to the Contract Administrator in a form satisfactory to course it must adopt within 14 days of the Contract Administrator as a condition precedent to Completion which states that: all materials, goods, products, equipment and plant (including any imported materials, goods, products, equipment and plant) used, installed or incorporated into the Works are entirely (meaning 100%) free of Asbestos and ACM; and the Contractor has otherwise complied with all Statutory Requirements in relation to Asbestos and ACM in carrying out the Contractor's Activities and the Works; without limiting notice under paragraph (xxiic), if any imported materials, goods, products, equipment and plant have or has been used, installed or incorporated into the Works, the Contractor must provide to the Contract Administrator as a condition precedent to Completion: sample test reports; and test report information, in the form of an analysis certificate from a NATA accredited laboratory or an equivalent international laboratory (listed at the NATA website) accredited for the relevant test method, in relation to the imported materials, goods, products, equipment or plant which have or has been used, installed or incorporated into the Works; and if the Contractor is a designer of a structure (or part of a structure) for the purposes of the WHS Legislation, the Contractor must provide to the Contract Administrator, with each submission of its design under clause 5.1, a written report that specifies the hazards relating to the design of the structure (or part) which, as far as the Contractor is reasonably aware: create a risk to health or safety to those carrying out construction work on the structure (or part); and are associated only with that particular design. In accordance with Regulation 293 of the Work Health and Safety Regulation 2011 (Cth) and any corresponding WHS law (as defined in the WHS Legislation) including Regulation 333 of the Occupational Health and Safety Regulations 2017 (Vic), if the Contractor carries out relevant construction work, the Principal engages and appoints (as relevant) the Contractor as the principal contractor for the construction project and the Contract and authorises the Contractor to have management or control of the workplace for the purpose of discharging the duties imposed on a principal contractor for the construction project and the Contract, pursuant to the Work Health and Safety Act 2011 (Cth) and Work Health and Safety Regulations 2011 (Cth) and any corresponding WHS law. The Contractor accepts the engagement and appointment (as relevant) as principal contractor and will fulfil the obligations of principal contractor for the construction project and the Contract, unless relieved of that engagement or appointment (as relevant) by notice in writing given by the Principal or the Contract Administrator.