THE ADMINISTRATION OF NORFOLK ISLAND

THE ADMINISTRATION OF NORFOLK ISLAND REQUEST FOR TENDER FOR THE SUPPLY OF FUEL AND FUEL PRODUCTS ADMINISTRATION OF NORFOLK ISLAND 14/2014 REQUEST FOR TENDER (INCLUDING TENDER RESPONSE SCHEDULE) Tender Reference: 14/2014 REQUEST FOR TENDER (INCLUDING TENDER RESPONSE SCHEDULE) NO. 14/2014 IN RELATION TO THE SUPPLY OF FUEL AND FUEL PRODUCTS TO ADMINISTRATION OF NORFOLK ISLAND Request for Tender (No 14/ 2014) in relation to the supply of fuel &fuel products to Administration of Norfolk Island Page 1

REQUEST FOR TENDER REQUEST FOR TENDER FOR THE SUPPLY OF FUEL AND FUEL PRODUCTS TO ADMINISTRATION OF NORFOLK ISLAND 1. Introduction 1.1. Invitation to Tender 1.1.1. The Administration invites Tenders for the supply of fuel to the Administration of Norfolk Island in accordance with this Request for Tender (RFT). 1.1.2. A summary of the Administration and the requirement for the Deliverables and Services are set out in Schedule1 Specifications and Contract. 1.1.3. While it is the intention of the Administration to contract for all Deliverables and Services set out in Schedule1 Specifications and Contract, the Administration reserves the right to contract for part only of the Deliverables and Services. 1.2. Key terms 1.2.1. The following table sets out the details of some key terms used in this RFT: ADMINISTRATION The Administration of Norfolk Island Closing Time 3:00pm Norfolk Island time on 22 September 2014 Contact Officer Deadline for written Submission of Tenderers Questions Deliverables Bruce Taylor Deputy Chief Executive Officer Administration of Norfolk Island Kingston Norfolk Island 2899 Phone: +6723 22001 Fax: +66723 22001 Email: deputyceo@admin.gov.nf 4:00pm Norfolk Island time on 12 September, 2014 The Deliverables set out in the Specifications and the Contract Contract The contract referred to in Schedule1 and Schedule 3 Offer Period 30 days after the Closing Time Request for Tender (No 14/ 2014) in relation to the supply of fuel &fuel products to Administration of Norfolk Island Page 2

Services Tender Tender Details the Services set out in the RFT and Contract any Tender submitted in response to this RFT The name of this Tender is Request for Tender 14/2014 for the supply of fuel and fuel products to the Administration of Norfolk Island Tenderer Response the Tender Response Forms set out in Schedule 2 Forms Tenderer any entity which submits a Tender or, where the context requires, is proposing to submit a Tender 1.3. Form of contract 1.3.1. The Administration proposes to enter into a contract with the successful Tenderer substantially in the form of the Contract in Schedule 3. 1.4. Governing law 1.4.1. This RFT is to be construed in accordance with, and any matter related to it is to be governed by, the law of Norfolk Island. The courts of Norfolk Island have non-exclusive jurisdiction to decide any matter related to this RFT. 2. Lodging Tenders 2.1. E-mail lodgement Only 2.1.1. Tenders must be lodged by email to tenders@admin.gov.nf and not by any other means. 2.2. Tender closing time and date 2.2.1. Tenders must be lodged by email and received by the Administration at that address on or before the Closing Time. 2.2.2. The Administration may extend the Closing Time, and will issue an addendum notifying any decision to extend. 2.2.3. The time displayed on Administration s email system as the time the Tender is received by Administration is deemed to be the correct time and will be the means by which Administration will determine whether a Tender has been lodged by the Closing Time. 2.3. Electronic lodgement 2.3.1. The judgment of the Administration as to the time a Tender has been lodged will be final. 2.3.2. In submitting their Tenders electronically, Tenderers warrant that they have taken reasonable steps to ensure that Tender response files are free of viruses, worms or other disabling features which may affect the Administration s computing environment. Tenders found to contain viruses, worms or other disabling features will be excluded from the evaluation process. 2.3.3. It is the responsibility of Tenderers to ensure that their infrastructure including operating system meet the minimum standards to transmit the Tender by email. The Administration takes no responsibility for any problems arising from Tenderers infrastructure and/or Internet connectivity. 2.4. Late Tenders, Incomplete Tenders and corrupted files 2.4.1. Any attempt to lodge a Tender after the Closing Time will be deemed to be a Late Tender. 2.4.2. Late Tenders, incomplete Tenders, including those with electronic files that cannot be read or decrypted, Tenders which the Administration believes to potentially contain any virus, malicious code or anything else that might compromise the integrity or security of the Administration s computing Request for Tender (No 14/ 2014) in relation to the supply of fuel &fuel products to Administration of Norfolk Island Page 3

environment, will be excluded from evaluation. 2.5. Registering interest to tender 2.5.1. Tenderers must email the Contact Officer to register their interest to submit a Tender in order to be able to directly receive any addenda to the RFT documentation. 2.5.2. Tenderers should also regularly check the Administration website for any addenda or answers to Tenderers questions. 2.6. Security 2.6.1. Tenderers acknowledge that although the Administration has implemented security within its email system, the Administration does not warrant that unauthorised access to information and data transmitted via email will not occur. 2.6.2. Tenderers acknowledge that lodgement of their Tender on time and in accordance with this RFT is entirely their responsibility; and the Administration will not be liable for any loss, damage, costs or expenses incurred by Tenderers or any other person if, for any reason, a Tender or any other material or communication relevant to this RFT, is not received on time, is corrupted or altered or otherwise is not received as sent, cannot be read or decrypted, or has its security or integrity compromised. 2.7. Requests for Additional Information 2.7.1. Requests for further information in relation to this RFT must be directed by email to the Contact Officer by the Deadline for Submission of Tenderers Questions. 2.7.2. The only point of contact for all matters relating to this RFT and the RFT process is the Contact Officer. 2.7.3. The Administration will determine what, if any, response should be given to a Tenderers question. The Administration may circulate Tenderers questions and the Administration s response to those questions to all other Tenderers without disclosing the source of the questions or revealing any confidential information of a Tenderer. 2.7.4. Tenderers should identify in their question what, if any, information in the question the Tenderers consider is confidential. Inappropriate identification of information as confidential will be considered by the Administration when determining what, if any, response will be given. 2.7.5. If a Tenderer believes it has found a discrepancy, error, ambiguity, inconsistency or omission in this RFT or any other information given or made available by the Administration, the Tenderer should promptly notify the Contact Officer setting out the error in sufficient detail so that the Administration may take the corrective action, if any, it considers appropriate. 2.8. Variation of the RFT The Administration may amend this RFT or the RFT process at any time. If the Administration does so prior to the Closing Time, the Administration will issue a formal addendum to the RFT by email and/or the website. 2.9. Termination of the RFT The Administration may terminate the Tender process at any time if the Administration determines that none of the Tenders submitted represents value for money or that it is otherwise in the public interest to do so. 2.10. Errors & alterations 2.10.1. Tenderers should ensure that any errors or alterations made to a Tender are clearly identified and, where appropriate, initialed. Any alteration or erasure made to a Tender that is not clearly identified may result in the Tender being excluded from consideration. 2.10.2. Tenders in which prices are not clearly and legibly stated may be excluded from consideration. Request for Tender (No 14/ 2014) in relation to the supply of fuel &fuel products to Administration of Norfolk Island Page 4

2.10.3. If the Administration considers that there are unintentional errors of form in a Tender, the Administration may request the Tenderer to correct or clarify the error, but will not permit any material alteration or addition to the Tender. 3. Information management 3.1. The Administration s confidential information 3.1.1. Tenderers must not and must ensure that their employees, agents or subcontractors do not, either directly or indirectly record, divulge or communicate to any person any confidential information concerning the affairs of the Administration, the Norfolk Island Government or a third party acquired or obtained in the course of preparing a Tender, or any documents, data or information provided by the Administration and which the Administration indicates to Tenderers is confidential or which Tenderers know or ought reasonably to know is confidential. 3.1.2. The Administration may require that all written information (whether confidential or otherwise and without regard to the type of media on which such information was provided to Tenderers) provided to Tenderers (and all copies of such information made by Tenderers) be: returned to the Administration - in which case Tenderers will be required to promptly return all such information to the address identified by the Administration; or destroyed by Tenderers - in which case Tenderers will be required to promptly destroy all such information and provide the Administration with written certification that the information has been destroyed. 3.1.3. The Administration may exclude from further consideration any Tender lodged by a Tenderer who has engaged in any behavior contrary to this paragraph. 3.2. Tenderer s confidential information 3.2.1. Subject to the following paragraphs, the Administration will treat as confidential all Tenders submitted by Tenderers in connection with this RFT. 3.2.2. The Administration will not be taken to have breached any obligation to keep information provided by Tenderers confidential to the extent that the information: is disclosed by the Administration to its advisers, officers, employees or subcontractors solely in order to conduct the RFT process or to prepare and manage any resultant contract; is disclosed to the Administration s internal management personnel, solely to enable effective management or auditing of the RFT process; (c) is disclosed by the Administration to the responsible Minister; (d) is disclosed by the Administration in response to a request by the Legislative Assembly of Norfolk Island or a House or a Committee of the Parliament of the Commonwealth of Australia; (e) is shared by the Administration within the Administration s organisation, or with the Commonwealth of Australia, where this serves the Commonwealth s legitimate interests; (f) is authorised or required by Request for Tender (No 14/ 2014) in relation to the supply of fuel &fuel products to Administration of Norfolk Island Page 5 (g) law to be disclosed; or is in the public domain otherwise than due to a breach of the relevant obligations of confidentiality. 3.2.3. Once a contract is entered into with the successful Tenderer, the successful Tenderer's Tender will not necessarily be treated as confidential. Tenderers should clearly identify in their Tender response the information that they consider should be protected as confidential information should a contract be entered into with them.

The Administration will only consider a request for confidentiality where: the information to be protected is identified in specific rather than global terms; the information is by its nature confidential; and (c) disclosure would cause detriment to the parties concerned. 3.2.4. The Administration will only keep information contained in, or obtained or generated in performing, any contract entered into with the successful Tenderer confidential in accordance with the terms of the contract. Tenderers should include in Attachment 7: Statement of Compliance with Contract any request for such information to be treated as confidential following the award of contract to it. 3.3. Use of Tender documents 3.3.1. All Tenders become the property of the Administration upon submission. 3.3.2. Notwithstanding the above paragraph and without prejudice to anything agreed in any subsequent contract, ownership of intellectual property in the information contained in a Tender remains unchanged. 3.3.3. However, the Administration may use any material contained in a Tender, or otherwise provided by the Tenderer, for the purposes of the RFT process and the preparation and management of any resultant contract. of information improperly obtained or in breach of an obligation of confidentiality. 4.1.3. Tenderers must not: (c) (d) engage in misleading or deceptive conduct in relation to their Tenders or the RFT process; engage in any collusive Tendering, anti-competitive conduct, or any other unlawful or unethical conduct with any other Tenderer, or any other person in connection with the preparation of their Tender or the RFT process; attempt to solicit information from or influence improperly any current or former officer, employee, contractor or agent of the Administration, or violate any applicable laws or Norfolk Island Government policies regarding the offering of inducements in connection with the RFT process; otherwise act in an unethical or improper manner or contrary to any law. 4.1.4. The Administration may exclude from consideration any Tender lodged by a Tenderer that has engaged in any behavior contrary to this section. In addition, the Administration may refer the matter to relevant Commonwealth, State or Territory authorities. This right is in addition to any other remedies the Administration may have under law or in any contract with a successful Tenderer. 4. Policy and law 4.1. Ethical dealing 4.1.1. The Administration s policy is to engage in the highest standards of ethical behavior and fair dealing throughout the RFT process. The Administration requires the same standards from those with whom it deals. 4.1.2. Tenders must be compiled without improper assistance of current or former officers, employees, contractors or agents of the Administration and without the use 4.2. Conflicts of interest 4.2.1. Tenderers should represent and declare in Attachment 2: Tenderer s Deed in Schedule 2 whether, at the time of lodging their Tender, a conflict of interest concerning itself or a related entity exists, or might arise during the term of the contract or in relation to the Tender. 4.2.2. A conflict of interest means any matter, circumstance, interest, or activity affecting the Tenderer (including the officers, employees, agents and subcontractors of the Tenderer) which may or may appear to impair the ability of the Tenderer Request for Tender (No 14/ 2014) in relation to the supply of fuel &fuel products to Administration of Norfolk Island Page 6

to perform the contract diligently and independently. 4.2.3. A conflict of interest may exist if: Tenderers or any of their personnel have a relationship (whether professional, commercial or personal) with the Administration s personnel involved in the evaluation of Tenders; or Tenderers have a relationship with, and obligations to, an organisation which would affect the performance of the contract or would bring disrepute to or embarrass the Administration. 4.2.4. If at any time prior to entering into the contract, an actual or potential conflict of interest concerning itself or a related entity arises or may arise for any Tenderer that Tenderer should immediately notify the Contact Officer. 4.2.5. If a conflict of interest arises, the Administration may: (c) exclude the Tender from further consideration; enter into discussions to seek to resolve the conflict of interest; or take any other action it considers appropriate. 4.3. Tenderers to inform themselves 4.3.1. Information in this RFT concerning current or past requirements, volumes, location, environment or other relevant matters has been prepared from information available to the Administration and may not have been independently verified. Such information may be based on projections from information on available historical information which may not be accurate and may assume trends or events or other matters that may not be valid or eventuate as and when expected or at all. In addition, the Administration does not guarantee that this information will remain true at any future point in time. 4.3.2. The Administration has no liability to any Tenderer should any information or material provided with respect to this RFT or the Services be inaccurate or incomplete or if actual volumes, locations, environments or other relevant matters vary from the Administration s current expectations. 4.3.3. Tenderers are considered to have: examined this RFT, any documents referenced in this RFT and any other information made available by the Administration to Tenderers for the purpose of Tendering; examined all further information which is obtainable by the making of reasonable inquiries relevant to the risks, contingencies, and other circumstances having an effect on their Tenders; (c) satisfied themselves as to the correctness and sufficiency of their Tenders including tendered prices; (d) made their own independent assessments of actual workload requirements under any resultant contract and all prices will be presumed by the Administration to have been based upon Tenderers own independent assessments; and (e) satisfied themselves as to the terms and conditions of the Contract and their ability to comply with the Contract, subject to their responses to Attachment 7: Statement of Compliance with Contract in Schedule 2. 4.3.4. In preparing their Tenders, Tenderers must not rely on: any representation, letter, document or arrangement, whether oral or in writing, or other conduct as adding to or amending this RFT other than amendments in accordance with this contract; or Request for Tender (No 14/ 2014) in relation to the supply of fuel &fuel products to Administration of Norfolk Island Page 7 any warranty or representation made by or on behalf of the Administration of Norfolk Island, except as are expressly provided for in this RFT.

4.3.5. The Administration will not be responsible for any costs or expenses incurred by Tenderers in complying with the requirements of this RFT. 4.4. Disclaimer 4.4.1. This RFT is an invitation to treat and is not to be taken to be or relied upon as an offer capable of acceptance by any person or as creating any form of contractual (including a process contract), quasi contractual, restitution or promissory estoppel rights, or rights based on similar legal or equitable grounds. 4.4.2. The Administration is not liable to any Tenderer on the basis of any contract or other understanding (including any form of contractual, quasi contractual, restitutionary or promissory estoppel rights or rights based on similar legal or equitable grounds) whatsoever, or in negligence, as a consequence of any matter relating or incidental to this RFT or a Tenderer s participation in this RFT process, including instances where: a Tenderer is not invited to participate in any subsequent process as part of or following (c) (d) completion of this RFT process; the Administration varies the RFT process; the Administration decides to terminate the RFT process or not to contract for all or any of the requirements; or the Administration exercises or fails to exercise any of its other rights under or in relation to this RFT. 5. Matters concerning Tender response 5.1. Tender response requirements 5.1.1. Tenderers should address each of the evaluation criteria specified in the table below by completing the Tender Response Forms contained in Schedule 2. Tenderers may include additional information in their Tenders; however the Tenderer s response to each of the Tender Response Forms will form the basis of the evaluation. Each Tender Response Form should commence on a new page. Item Evaluation Criterion Required Information Tenderer Checklist 1 N/A Tenderers should provide their details by completing the form at Attachment 1: Tenderer s Details in Schedule 2. 2 N/A Tenderers must complete and execute the Attachment 2: Tenderer s Deed in Schedule 2 3 Methodology Tenderers should provide details of how they would provide the Services by completing Attachment 3: Methodology in Schedule 2. 4 Tenderer's experience and key management personnel Tenderers should provide details of their experience and details about their management capability and key personnel by completing Attachment 4: Tenderer's Experience and Key Management Personnel in Schedule 2. 5 Pricing information Tenderers should complete the price schedule at Attachment 5: Price Schedule in Schedule 2. 6 Insurance Tenderers should complete the Attachment 6: Insurance Details in Schedule 2. 7 Tenderer s compliance with the Contract Tenderers should indicate their compliance with the Contract by completing Attachment 7: Statement of Compliance with Contract in Schedule 2. Request for Tender (No 14/ 2014) in relation to the supply of fuel &fuel products to Administration of Norfolk Island Page 8

5.2. Offers and acceptance of offer 5.2.1. Lodging a Tender will constitute an offer by the Tenderer to provide the Services on the terms and conditions set out in the Contract, subject to any exceptions notes in its response to Attachment 7: Statement of Compliance with Contract in Schedule 2 for a period of not less than the Offer Period. 5.2.2. A Tender will not be taken to have been accepted until a formal contract has been executed by the Tenderer and the Administration. Notice by the Administration to any Tenderer that it is, or is not, a preferred or successful Tenderer will not constitute an acceptance or rejection of any Tender. 5.3. Complaints 5.3.1. Any complaints arising out of the RFT process should be directed to: Complaints Officer, Administration of Norfolk Island Kingston, Norfolk Island 2899. 6. General matters 6.1. Prices and units 6.1.1. The Tender must be written in English. 6.1.2. All measurements must be expressed in Australian legal units of measurement. 6.1.3. Tendered prices should be inclusive of: all costs of complying with this RFT; and all costs associated with doing all things necessary for the due and proper completion of the proposed contract. 6.1.4. The Administration prefers to effect payment to its suppliers by electronic funds transfer direct to suppliers bank accounts, unless exceptional circumstances exist where a supplier has limited access to banking facilities in remote areas. 7. Evaluation of Tenders 7.1. Evaluation process 7.1.1. Following the Closing time, Tenders will be evaluated to identify the Tender that represents best value for money. Value for money is a comprehensive assessment that takes into account both cost represented by the price assessment and value represented by the technical assessment in the context of the risk profile presented by the Tenderer and its Tender, including any request by a Tenderer to limit or cap its liability under the Contract. 7.1.2. Tenders will be evaluated against the evaluation criteria specified in the table above. The Administration may take into account information provided by a Tenderer in response to one criterion in its evaluation of another criterion. 7.1.3. The evaluation criteria are not specified in any order of importance. If any additional criteria are intended to be applied in evaluating Tenders, the Administration will notify Tenderers who will be given an opportunity to respond. 7.1.4. The Administration may at any time exclude a Tender from consideration if the Administration considers that the Tender is incomplete or clearly not competitive. 7.1.5. The Administration is not bound to accept the lowest priced (or any) Tender. 7.2. Security, probity and other checks 7.2.1. The Administration may perform such security, probity and financial investigations and procedures as the Administration may determine are necessary in relation to Tenderers, their employees, officers, partners, associates, subcontractors or related entities and their officers, employees and subcontractors. 7.2.2. Tenderers should promptly provide the Administration with such information or documentation that the Administration requires in order to undertake such investigations. The Administration may exclude a Tender from further consideration if the Tenderer does not promptly provide all reasonable assistance to the Administration in this regard, or based on the outcomes of the investigations or procedures. Request for Tender (No 14/ 2014) in relation to the supply of fuel &fuel products to Administration of Norfolk Island Page 9

7.2.3. The Tender evaluation process may involve: visits to some or all Tenderers' sites; or discussions with, and/or visits to, customers or subcontractors of some or all Tenderers, whether or not the customers are provided as referees by the relevant Tenderer. 7.2.4. The Administration may also make independent enquiries about any matters that may be relevant to the evaluation of a Tender. 7.3. Essential requirements 7.3.1. The Administration will exclude a Tender from further consideration if at any time before a contract is executed the Administration considers that the Tender does not comply with an essential requirement identified in Item 2 of Schedule 1. 7.4. Clarification, short-listing and negotiations 7.4.1. The Administration may: use any relevant information obtained in relation to a Tender (provided in the Tender itself, otherwise through this RFT or by independent inquiry) in the evaluation of Tenders; seek clarification or additional information from any Tenderer for the purposes of Tender evaluation; (c) shortlist one or more Tenderers and seek further information from them; (d) enter into negotiations or discussions with one or more Tenderers; (e) discontinue negotiations or discussions with a Tenderer, (f) whether or not the Tenderer has been notified that it is the preferred Tenderer; or invite one or more Tenderers to make a presentation to the Administration for the purpose of explaining or clarifying a Tender. However, Tenderers should not assume that there will be an opportunity to make a presentation. Each Tenderer should ensure that its Tender is complete in itself. 7.4.2. Tenderers should nominate in their Tender a person for the purpose of responding to any clarification requests which may arise during Tender evaluation or receiving other notices during the RFT process. Tenderers should include the name, address and contact details of that person in the form at Attachment 1: Tenderer s Details in Schedule 2. The person nominated by the Tenderer must be authorised to represent and bind the Tenderer in relation to this RFT. 8. Other Matters 8.1. Public Statements 8.1.1. Except with the prior written approval of the Administration, Tenderers must not make a statement, issue any document or material or provide any other information for publication in any media, concerning Tender evaluation, the acceptance of any Tender, commencement of negotiations, creation of a shortlist, or notification that a Tenderer is the preferred Tenderer. 8.1.2. The Administration may exclude a Tender from further consideration if the Tenderer does not comply with this requirement. Request for Tender (No 14/ 2014) in relation to the supply of fuel &fuel products to Administration of Norfolk Island Page 10

SCHEDULE 1 BACKGROUND AND ESSENTIAL REQUIREMENTS; DELIVERABLES & 1. Overview CONTRACT The Administration of Norfolk Island is a body politic constituted under the Norfolk Island Act 1979 (Cth). 2. Essential Requirements Tenders must meet the essential requirements for the sale, prompt and timely supply, proper transport, loading and unloading and delivery safely to the Administration as and when and where required by the Administration of various types of fuels and fuel products and fuel like products as well as proper disposal of out of date, contaminated and/or unfit fuel or fuel products and for prevention & prompt resolution at all times of any spillage, fire, explosion, pollution, leakage, gas or vapours/fumes, damage, injury or deaths in relation to any fuel or fuel products or fuel like products being supplied or transported under this agreement in addition to any other requirements and obligations arising under or connected in any way to the provision of any and all services under the tender or contract for services as well as under any and all applicable laws and standards. 3. Time Frame The resultant contract is expected to commence on 01 November, 2014 and conclude 04 October, 2017 and. Expressions of interest are sought for ongoing provision of services as per Attachment 3 in Schedule 2. 4. Contract The successful tenderer will be required to enter into a contract substantially as per the Service Agreement in Schedule 3 subject to any exceptions noted in the tenderer s response to Attachment 7: Statement of Compliance with Contract in Schedule 2. Request for Tender (No 14/ 2014) in relation to the supply of fuel &fuel products to Administration of Norfolk Island Page 11

SCHEDULE 2 TENDER RESPONSE FORMS Tenderers should ensure that their Tenders include each of the Tender Response Forms attached to this Schedule 2. Attachment 1: Tenderer s Details Attachment 2: Tenderer s Deed Attachment 3: Methodology Attachment 4: Tenderer s Experience and Key Management Personnel Attachment 5: Price Schedule Attachment 6: Insurance Details Attachment 7: Statement of Compliance with Contract In addition to Attachments 1 to 7, Tenderers should ensure that their Tenders include, as a minimum, the following information: copies of all certificates relating to qualification and membership required as an essential requirement; all information, references, documents and other supporting corroboration of the matters listed as essential requirements. Request for Tender (No 14/ 2014) in relation to the supply of fuel &fuel products to Administration of Norfolk Island Page 12

Attachment 1: Tenderer s Details Tenderers should provide full responses in completing the following information to enable the ADMINISTRATION to clearly identify the entity responding to the RFT. Full legal name of Tenderer: Trading or business name (including where registered): Australian and/or Norfolk Island Company Number: Australian and/or Norfolk Island Business Number: Tenderer street address: Tender postal address: Tenderer s Contact who is authorised to represent and legally bind the Tenderer: Name: Position: Telephone Number: Fax Number: Email: Request for Tender (No 14/ 2014) in relation to the supply of fuel &fuel products to Administration of Norfolk Island Page 13

Attachment 2: Tenderer s Deed Tenderers must complete the Tenderer's Deed and include it within their Tender response (refer to clause 4.2.1 of this RFT). 1.1 DEED POLL Date: ^insert date^ By: ^insert full legal name of Tenderer^ (Tenderer) 1.2 Context Request for Tender in relation to ^details^ (RFT). 1.3 Interpretation In this Deed, terms not otherwise defined have the meaning ascribed to them in the RFT. 1.4 Compliance with RFT The Tenderer represents that it has read and understood, and that it s Tender is submitted in accordance with, the RFT. The Tenderer undertakes that it will continue to participate in the RFT process in accordance with the RFT and on the basis of its Tender. 1.5 Offer The Tender constitutes an offer (Offer) to provide the Services on the terms and conditions set out in the Contract, subject to any exceptions noted in its Statement of Compliance with the Contract submitted as part of its Tender, and accordingly is capable of immediate acceptance by the Administration of Norfolk Island so as to form a binding contract. The Offer remains open for acceptance by the Administration of Norfolk Island for the Offer Period. The Tenderer undertakes not to withdraw, vary or otherwise compromise the Offer during the Offer Period. If directed by the ADMINISTRATION, the Tenderer will execute a contract in the form set out in Schedule 3 Contract, subject to any amendments noted in the Tenderer s Statement of Compliance with the Contract, without entering into further negotiation. Request for Tender (No 14/ 2014) in relation to the supply of fuel &fuel products to Administration of Norfolk Island Page 14

To the extent that the Tender does not include complete information relating to matters required for the completion of the Contract, the Administration of Norfolk Island may complete the contract at its reasonable discretion, and the Tenderer shall execute the resultant contract. 1.6 Confidentiality The Tenderer will ensure that its employees, agents or subcontractors do not, either directly or indirectly record, divulge or communicate to any person any confidential information concerning the affairs of the ADMINISTRATION, the Administration of Norfolk Island or a third party acquired or obtained in the course of preparing a Tender, or any documents, data or information provided by the ADMINISTRATION and which the ADMINISTRATION indicates to Tenderers is confidential or which Tenderers know or ought reasonably to know is confidential. 1.7 Ethical Dealing The Tenderer represents that its Tender has been compiled without the improper assistance of any current or former ADMINISTRATION officer, employee, contractor or agent and without the use of information obtained unlawfully or in breach of an obligation of confidentiality to the ADMINISTRATION. The Tenderer represents that it has not: engaged in misleading or deceptive conduct in relation to its Tender or the RFT process; engaged in any collusive Tendering, anti-competitive conduct, or any other unlawful or unethical conduct with any other Tenderer, or any other person in connection with the preparation of their Tender or the RFT process; (c) attempted to solicit information from or influence improperly any current or former officer, employee, contractor or agent of the ADMINISTRATION, or violate any applicable laws or Norfolk Government policies regarding the offering of inducements in connection with the RFT process; or (d) otherwise acted in an unethical or improper manner or contrary to any law. Request for Tender (No 14/ 2014) in relation to the supply of fuel &fuel products to Administration of Norfolk Island Page 15

1.8 Conflict of Interest The Tenderer represents that, having made all reasonable enquiries the following represents its only known actual or potential conflicts of interest in respect of the RFT, its Tender or the provision of the Services: ^insert list or, where no conflict exists, write none ^ The Tenderer undertakes to advise the ADMINISTRATION in writing immediately upon becoming aware of any actual or potential conflicts of interest in respect of the RFT, its Tender or the provision of the Services. 1.9 Employee entitlements The Tenderer represents that, having made all reasonable enquiries, as at the date of this declaration, it is not subject to any judicial decisions relating to employee entitlements (not including decisions under appeal) which claims have not been paid. EXECUTED AS A DEED POLL for the benefit of the ADMINISTRATION OF NORFOLK ISLAND Dated this ^insert day^ day of ^insert month^ 201^year^ SIGNED SEALED AND DELIVERED by ^insert name of Tenderer^ by its duly authorised representative: ) ) ) Name of signatory Signature Dated In the presence of: Name of witness Signature of witness Dated Request for Tender (No 14/ 2014) in relation to the supply of fuel &fuel products to Administration of Norfolk Island Page 16

Attachment 3: Methodology Tenderers must provide a statement of the methodology to be adopted to ensure continuity of supply of fuel to the Administration of Norfolk Island. Request for Tender (No 14/ 2014) in relation to the supply of fuel &fuel products to Administration of Norfolk Island Page 17

Attachment 4: Tenderer's Experience and Key Management Personnel Tenderers must provide a statement setting out details of its capability and experience in projects and/or service of a similar nature having particular regard to the nature and requirements of the task of obtaining, storing, selling, supplying \, transporting, loading and unloading and delivery safely of different types of fuel and fuel related products such as oil as well as similar products by way of kerosene and methylated spirits to the Administration of Norfolk Island including by way of correct safe and prompt on-time delivery to nominated Administration fuel storage tank facilities at the Norfolk Island Airport and at the Public Works depot and to any other locations nominated by the Administration through the Administration contact officer or the Public Works Manager and having regard to the following supporting information: Demonstrated experience (preferably within Australia); Key personnel, including CVs for drivers and technicians / compliance testers and details of qualifications held that meet compliance with the requirements listed; Proposed subcontractors (if any); Name and contact details of any referees; Any other statements that the Tenderer may wish to make in support of its Tender and regarding its qualifications and experience in performing work of a similar nature. Tenderer's Experience and Key Management Personnel Tenderers must provide details of its key management personal and experience in projects of a similar nature: Previous experience: Name of customer Description of project $ Value Date of project Request for Tender (No 14/ 2014) in relation to the supply of fuel &fuel products to Administration of Norfolk Island Page 1

Key Personnel (also attach CVs): Name Qualifications/experience Role Proposed subcontractors: (if any) Company Name Qualifications/experience Role Name and contact details of referees: Name Contact details Company & Role Request for Tender (No 14/ 2014) in relation to the supply of fuel &fuel products to Administration of Norfolk Island Page 2

Request for Tender (No 14/ 2014) in relation to the supply of fuel &fuel products to Administration of Norfolk Island Page 3

Attachment 5: Price Schedule The Administration requires tenders to be priced as a fixed cost solution in accordance with Schedule 1 Background and Essential Requirements. All prices must be stated in Australian dollars and GST / Levy / delivery cost/ Service provider profit margin inclusive. Unleaded Fuel (per litre) Deliverable/Task Price Diesel Fuel (per Litre) Request for Tender (No 14/ 2014) in relation to the supply of fuel &fuel products to Administration of Norfolk Island Page 4

Attachment 6: Insurance Details The Tenderer confirms that it holds and shall continue to hold for the duration of the Contract, insurance policies as set out in the table below, and has attached to its Tender certificates of currency for that insurance: Public & Product Professional Indemnity Workers Compensation Other Relevant Insurance Liability Name of Insurer Policy No. Amount of Coverage per Claim Renewal Date Request for Tender (No 14/ 2014) in relation to the supply of fuel &fuel products to Administration of Norfolk Island Page 5

Attachment 7: Statement of Compliance with Contract Tenderers submit their Tenders on the basis that they comply with all requirements of the RFT. In the case of the Contract, Tenderers compliance is subject to any exceptions noted in their response to this Schedule. Tenderers should indicate compliance with each provision of the Contract including all schedules and attachments, taking into account any amendments to those provisions that may have been issued by the ADMINISTRATION during the RFT process. Tenderers should note that the extent of non-compliance will be a factor in the evaluation process. The compliance statement will form the basis for any contract negotiations that may occur with a Tenderer. In respect of the compliance statement, Tenderers should indicate their level of compliance with each provision using one of the terms complies, does not comply, partially complies and not applicable. These terms have the following meanings: complies does not comply partially complies not applicable means that the Tenderer will comply without amendment means that the Tenderer will not comply without amendment means that the Tenderer will comply partially and that some amendment is required means that the provision does not apply to the Tenderer or is to be completed (e.g. the schedule item dealing with fees). The Tenderer will be taken to be and assessed as compliant with any provision, schedule or attachment which it does not list in the compliance statement. Tenderers may group provisions where the response is the same for each of those provisions. For example Paragraphs 3.1 to 3.15 Does Not Comply, or Schedule 1 - Complies. Where a Tenderer does not comply or only partially complies with a provision, the extent of non-compliance should be stated in full in the compliance statement. In this case, the Tenderer should then provide: a. specific reasons for the partial or non-compliance; and Request for Tender (No 14/ 2014) in relation to the supply of fuel &fuel products to Administration of Norfolk Island Page 6

b. specific language of any proposed amendments, including any deletions or additional provisions. In accordance with clause 4.2.4, Tenders should also include in their compliance statement any request that information be treated as confidential following the award of a contract to it. The following format should be used in completing the compliance statement: Compliance with Contract Paragraph/schedule/ attachment Nature of compliance Proposed wording of any amendment to the provision Request to keep Information Confidential Information contained in contract: Item Period of Confidentiality Reason why it is necessary to keep information confidential Request for Tender (No 14/ 2014) in relation to the supply of fuel &fuel products to Administration of Norfolk Island Page 7

Information obtained or generated in performing contract: Item Period of Confidentiality Reason why it is necessary to keep information confidential Request for Tender (No 14/ 2014) in relation to the supply of fuel &fuel products to Administration of Norfolk Island Page 8

Schedule 3 Contract: SEE ATTACHED BELOW Request for Tender (No 14/ 2014) in relation to the supply of fuel &fuel products to Administration of Norfolk Island Page 9

Executed as an Agreement Signed for and on behalf of the Administration of Norfolk Island by its duly authorised representative in the presence of: Witness Signature Print Name and Office Print Name Date: Signed for and on behalf of the ############# by its duly authorised representative in the presence of: Witness Signature Print Name Print Name Date: Ref: AJM/PBS ABCD2000-1234567 Error! Unknown document property name. Corrs Chambers Westgarth

Annexure 1 #################### Contract for Services THE ADMINISTRATION OF NORFOLK ISLAND ( the Administration ) and ( the Service Provider ) Legal Services Unit New Military Barracks Kingston, Norfolk Island Ph (6723) 22001 Fax (6723) 23265 Ref: AJM/PBS ABCD2000-1234567 Error! Unknown document property name. Corrs Chambers Westgarth

Contents 1 Interpretation 1 1.1 Definitions 1 1.2 Interpretation 2 1.3 Headings 3 2 Performance of the Contracted Services 3 2.1 Provision of Contracted Services 3 2.2 Term 4 2.3 Early commencement 4 2.4 Service Levels 4 2.5 Personal performance 4 2.6 Service Provider to provide equipment 5 2.7 Cancellation 5 2.8 Variations 5 3 Invoicing and payment 5 3.1 Invoicing 5 3.2 Payment of invoice 5 4 Contract management 6 4.1 Parties Representatives 6 4.2 Service Levels 6 5 Failure to perform 7 6 Liability 7 6.1 Service Provider Indemnifies Administration 7 6.2 Waiver of rights of recovery from the Administration 8 7 Conflict of Interest 8 8 Termination 8 8.1 Termination without cause 8 8.2 Grounds for termination by the Administration 8 8.3 Grounds for termination by the Service Provider 9 8.4 Consequences of termination 9 8.5 Continuing obligations 10 9 Insurance 10 9.1 Service Provider to maintain insurance 10 9.2 Cross Liability 11 10 Contract Material 11 10.1 Title to, and property in, Contract Material 11 10.2 Service Provider must return Contract Material 11 i Administration Service Provider

10.3 Use of Contract Material restricted 11 10.4 Pre-existing Intellectual Property rights 11 10.5 No third party rights in Contract Material 11 11 Administration Material 12 11.1 Administration Material remains property of the Administration 12 11.2 Third party rights in Administration Material 12 11.3 Service Provider must keep Administration Material safe 12 12 Confidentiality, Privacy & Freedom of Information 12 12.1 Parties may disclose contract provisions 12 12.2 Privacy obligations preserved 12 12.3 Service Provider must not disclose Confidential Material 12 12.4 Service Provider s employees and subcontractors to comply 13 12.5 Indemnity 13 12.6 Freedom of information and access to documents 13 13 Negation of employment and agency 14 13.1 No representation by Service Provider, sub-contractors etc 14 13.2 Service Provider remains independent contractor 14 14 Disputes 14 14.1 Dispute Resolution 14 14.2 Notification 14 14.3 Parties to resolve Dispute 14 14.4 Appointment of mediator 15 14.5 Role of mediator and obligations of parties 15 14.6 Confidentiality 15 14.7 Costs 15 14.8 Breach of this clause 15 14.9 Performance during dispute resolution 15 14.10 Settlement communications without prejudice 16 14.11 Interlocutory relief 16 15 Sub-contracting 16 16 Force Majeure 16 17 GST 16 17.1 Definitions 16 17.2 Consideration is inclusive of GST 17 17.3 Reimbursement 17 18 Notices 17 18.1 Giving a communication 17 18.2 Time of delivery 17 18.3 After hours communications 18 ii Administration Service Provider

19 General 18 19.1 Legal costs 18 19.2 Amendment 18 19.3 Adverse construction 18 19.4 Waiver and exercise of rights 18 19.5 Severability 18 19.6 Rights cumulative 18 19.7 Set off 19 19.8 Time of the essence 19 19.9 Governing law and jurisdiction 19 19.10 Assignment of rights 19 19.11 Counterparts 19 19.12 Entire understanding 19 19.13 Relationship of parties 20 ii i Administration Service Provider

Date:: Parties THE ADMINISTRATION OF NORFOLK ISLAND ( the Administration) [INSERT NAME OF TENDERER] ( the Service Provider ) Background A B The Service Provider wishes to provide the Contracted Services to the Administration for the Fees. The Administration has agreed to engage the Service Provider to provide the Contracted Services on and subject to the terms of this Agreement. Agreed terms 1 Interpretation 1.1 Definitions In this Agreement, unless the contrary intention appears: Administration includes the Administration s employees, authorised sub-contractors and agents; Administration Material means any material provided by, or on behalf of, the Administration to the Service Provider for the purpose of this Agreement, including documents, equipment, information and data stored by any means. Agreement means this agreement and includes the schedules and any annexures to it or documents incorporated by reference. Business Day means a day which is not a Saturday, Sunday or public holiday (being a public holiday appointed as such under the Employment Act 1988) in Norfolk Island. Commencement Date means the date set out in Item 1 of Schedule 1. 1 Administration Service Provider

Contract Material means all material brought, or required to be brought, into existence as part of, or for the purposes of, performing the Contracted Services, including documents, information and data stored by any means. Contracted Services means the services to be provided by the Service Provider specified in Schedule 2. Expiry Date means the date (if any) set out in Item 1 of Schedule 1 as that date may be extended in accordance with this Agreement. Fees means a fixed fee payable to the Service Provider for the provision of the Contracted Services, determined in accordance with the Price Schedule. Force majeure means any event beyond the reasonable control of the party affected and includes an event due to natural causes that happens independently of human intervention. Intellectual Property means all copyright, patents, registered and unregistered trademarks, registered designs, trade secrets and know-how and all other intellectual property rights resulting from intellectual activity. Laws means the law in force in Norfolk Island, including common law, legislation and subordinate legislation. Price Schedule means the schedule of Rates and Fees payable by the Administration to the Service Provider for the provision of the Contracted Services, as set out in Schedule 2. Rates means the rates (whether charged on an hourly, daily, weekly or other time-related basis) payable to the Service Provider for the provision of the Contracted Services, determined in accordance with the Price Schedule. Representative means the person or persons nominated by the Administration and the Service Provider in Item 2 of Schedule 1 or any other person who is subsequently appointed in accordance with clause 4.1. Service Levels means the service levels the Service Provider must comply with in performing its obligations under this Agreement, as specified in Schedule 3, and as amended from time to time in accordance with clause 4.2(c). Service Provider where the context permits, includes the Service Provider s employees, authorised sub-contractors and agents. Specified Personnel means the personnel described as key personnel in Item 7 of Schedule 1. 1.2 Interpretation Unless the contrary intention appears, in this Agreement: words in the singular include the plural and vice versa; any gender includes the other genders; 2 Administration Service Provider

(c) (d) (e) (f) if a word or phrase is defined its other grammatical forms have corresponding meanings; includes means includes without limitation; no rule of construction will apply to a clause to the disadvantage of a party merely because that party put forward the clause or would otherwise benefit from it; a reference to: (i) (ii) (iii) (iv) (v) (vi) a person includes a partnership, joint venture, unincorporated association, corporation and a government or statutory body or authority; a person includes the person s legal personal representatives, successors, assigns and persons substituted by novation; any legislation includes subordinate legislation under it and includes that legislation and subordinate legislation as modified or replaced; an obligation includes a warranty or representation and a reference to a failure to comply with an obligation includes a breach of warranty or representation; $, dollars or AUD is a reference to the lawful currency of the Commonwealth of Australia; and the Administration is a reference to the Administration of Norfolk Island, a body politic constituted under the Norfolk Island Act 1979 (Cth); and (g) 1.3 Headings if the date on or by which any act must be done under this Agreement is not a Business Day, the act must be done on or by the next Business Day. Headings do not affect the interpretation of this Agreement. 2 Performance of the Contracted Services 2.1 Provision of Contracted Services Subject to this Agreement (i) (ii) the Administration appoints the Charterer as the exclusive provider of the Contracted Services and the Charterer accepts such appointment; and the Administration must not itself provide nor contract with or utilise the services of any other third party for the provision of the Services or any part thereof during the term of this Agreement. The Service Provider must provide the Contracted Services to the Administration in accordance with the terms of this Agreement and in 3 Administration Service Provider

2.2 Term consideration of the provision of the Contracted Services the Administration shall pay to the Service Provider the Fees. This Agreement is legally binding on and from the date of execution of the Agreement. If the Agreement Particulars specify a Service Commencement Date and Expiry Date, the Service Provider must provide the Contracted Services on and from the Service Commencement Date until the Expiry Date. (c) If clause 2.2 does not apply the Service Provider must provide the Contracted Services on and from the date of execution of this Agreement. 2.3 Early commencement If the Contracted Services started before the date of this Agreement, then the Term will be taken to have started from that earlier date and all dealings between the parties as from that earlier date relating to the provision of the Contracted Services will be taken to have been carried out on the terms of this Agreement. 2.4 Service Levels The Service Provider must provide the Contracted Services to a standard that reaches or exceeds the Service Levels and in accordance with all other requirements set out in Schedule 3. In addition, the Service Provider must: (c) provide the Contracted Services to the reasonable satisfaction of the Administration and in a proper, timely and efficient manner with the due care and skill, and to a standard reasonably to be expected of a person both competent and experienced in providing services that are similar to the Contracted Services; ensure the highest quality of work and the delivery of the Contracted Services with the utmost efficiency; act in good faith and in the best interests of the Administration; (d) keep the Administration informed of all matters of which it ought reasonably be made aware and provide such information in relation to the provision of the Contracted Services as may reasonably be required by the Administration. 2.5 Personal performance The Contracted Services are to be personally undertaken by (c) the Service Provider; the Specified Personnel; or another person or other persons notified in writing by the Service Provided and approved in writing by the Administration s Representative. 4 Administration Service Provider

2.6 Service Provider to provide equipment The Service Provider must provide at the Service Provider s expense, any and all equipment (including computer hardware or software and any ancillary support) necessary for the performance of the Contracted Services. 2.7 Cancellation The Administration may by notice of cancellation cancel all or any part of the Contracted Services, subject to payment to the Service Provider of a cancellation fee determined in accordance with Schedule 2. 2.8 Variations The Administration may at any time give written notice to the Service Provider proposing a variation to the scope of the Contracted Services (including any necessary extension of the Completion Date). The Service Provider must, within 5 Business Days of such notice, provide a written proposal as to varied Rates or Fees that would apply with respect to the provision of the varied Contracted Services (based on the value for money proposition reflected in the then current Price Schedule). The Administration may accept such proposal within 5 Business Days of its receipt from the Service Provider. In the absence of such acceptance, the Contracted Services must be performed in accordance with this Agreement without such variation. 3 Invoicing and payment 3.1 Invoicing The Service Provider must submit to the Administration a tax invoice (or invoices) in respect of the Contracted Services at such time or times set out in Schedule 2 or as otherwise agreed by the parties in writing. A tax invoice submitted for payment pursuant to clause 3.1 must contain each of the matters specified in Item 3 of Schedule 1 and be sent to the address specified in Item 3 of Schedule 1. 3.2 Payment of invoice Subject to the remainder of this clause 3.2, the Administration will pay the invoiced amount to the Service Provider within 30 days of receipt of the invoice, in the manner specified in Item 4 of Schedule 1. An invoice will not be paid until such time as the invoice is certified for payment by the Administration s Representative. An invoice will not be certified for payment unless the Administration s Representative is satisfied: (i) (ii) that the Service Provider has completed the Contracted Services to which the invoice relates to the satisfaction of the Administration s Representative; that it is correctly calculated with respect to the Contracted Services for which payment is sought and that the Service Provider is entitled to claim payment. 5 Administration Service Provider

(c) (d) If the Administration s Representative disputes the invoiced amount (whether in whole or in part) for any reason, the Administration must pay the undisputed amount of such invoice (if any), and notify the Service Provider of the amount the Administration believes is due for payment. If the Administration and the Service Provider are unable to agree on the balance of the invoiced amount, the dispute will be referred for determination in accordance with clause 14. Payment of an invoice is not to be taken as: (i) (ii) (iii) evidence or an admission that the Contracted Services have been provided in accordance with the Service Levels and otherwise in accordance with this Agreement; evidence of the value of the Contracted Services supplied; or an admission of liability, but must be taken only as payment on account. 4 Contract management 4.1 Parties Representatives For the purposes of ensuring a productive and efficient relationship between the Administration and the Service Provider, each of the Administration and the Service Provider nominates the person or persons specified in Item 2 of Schedule 1 as their respective representatives (Representatives) in relation to all queries, consents, approvals, complaints and disputes required or arising under or in connection with this Agreement. The Service Provider will have regard to all requirements of the Administration s Representative and will comply with all reasonable directions of the Administration s Representative. (c) 4.2 Service Levels Either party may nominate a replacement Representative by notice in writing to the other party. The appointment of the replacement Representative will be effective from the date on which such notice is given. The Service Provider must comply with the Service Levels in the provision of the Contracted Services. (c) Performance against the Service Levels will be tracked, monitored and reported on in the manner and at the times (if any) set out in Schedule 3. The Service Levels (or any of them) may only be varied by the written agreement of the parties. 6 Administration Service Provider

5 Failure to perform Without limiting any other clause of this Agreement, or any other remedy the Administration may have, if the Service Provider fails to provide or perform any of the Contracted Services in accordance with the requirements of this Agreement (including the applicable Service Levels), the Administration will not be required to pay for those Contracted Services and may, by notice in writing to the Service Provider, require the Service Provider to: (i) (ii) remedy any default (if the default is capable of being remedied) at the Service Provider s own expense; or re-perform the Contracted Services (if the Contracted Services are capable of being re-performed by the Service Provider), (c) within the time specified in the notice (which must be reasonable having regard to the nature of the Contracted Services). If the remedied or re-performed Contracted Services are remedied or reperformed in accordance with the applicable Service Levels and otherwise to the satisfaction of the Administration, then the Administration will pay the applicable Rates or Fees for those remedied or re-performed Contracted Services (which the parties acknowledge may be less than the cost to the Service Provider of remedying or re-performing the Contracted Services). If the default referred to in clause 5 is not capable of being remedied or the Contracted Services are not capable of being re-performed, or the Service Provider fails within the time specified to remedy the default or re-perform the Contracted Services, the Administration may either: (i) remedy that default or re-perform the Contracted Services itself; or (ii) have the Contracted Services remedied or re-performed by a third party, and in either case, the Service Provider must pay the reasonable costs incurred by the Administration in doing so. 6 Liability 6.1 Service Provider Indemnifies Administration The Service Provider must indemnify the Administration and its officers, employees and agents (Indemnified Party) against any loss, damage, claim, action or expense (including legal expense) which any Indemnified Party suffers as a direct or indirect result of any of the following: a breach of this Agreement by the Service Provider, including any failure to provide the Contracted Services in accordance with this Agreement; 7 Administration Service Provider

(c) any warranty given by the Service Provider under this Agreement being incorrect or misleading in any way; or any negligent act or failure to act by the Service Provider or any of the Service Provider s employees, agents, officers or sub-contractors, except to the extent that any such loss, damage, claim, action or expense is caused by the negligence or other wrongful act or omission of the Administration, its officers or employees. 6.2 Waiver of rights of recovery from the Administration The Service Provider waives all present and future rights to claim against the Crown and from the Administration as well as from the Administrator and the Commonwealth for personal injury to, or death of, the Service Provider; (c) either or both loss of, or damage to, any of the Service Provider property; and financial loss to the Service Provider; arising from, or attributable to, the Service Provider carrying out the Contracted Services. This waiver does not operate to release the Administration from liability arising from, or attributable to, a wrongful (including negligent) act or omission of the Administration. 7 Conflict of Interest The Service Provider warrants to the Administration that it does not, and will ensure that its employees, agents and contractors do not, hold any office or possess any property, are not engaged in any business, trade or calling and do not have any obligations by virtue of any contract whereby, directly or indirectly, duties or interests are or might be created in conflict with or might appear to be created in conflict with their duties and interest under this Agreement. (c) The Service Provider must promptly inform the Administration of any matter which may give rise to an actual or potential conflict of interest. The Service Provider acknowledges and agrees that failure to comply with this clause 7 will constitute a breach of a fundamental term of this Agreement. 8 Termination 8.1 Termination without cause The parties may at any time mutually agree to terminate this Agreement. 8.2 Grounds for termination by the Administration The Administration may terminate this Agreement by notice in writing to the Service Provider if: 8 Administration Service Provider

(c) (d) (e) the Service Provider fails to provide the Contracted Services in accordance with the Service Levels or otherwise in accordance with the requirements of this Agreement; the Service Provider fails to remedy, to the satisfaction of the Administration, any breach of this Agreement (which in the reasonable opinion of the Administration is able to be remedied) within 14 days after the date on which the Administration issues the Service Provider a written notice requiring the Service Provider to remedy the breach; the Service Provider breaches any material provision of this Agreement and in the reasonable opinion of the Administration such breach cannot be remedied; the Service Provider or any of its employees, agents or sub-contractors are guilty of fraud, dishonesty or any other serious misconduct; or the Service Provider commits any act or does any thing that is contrary to prevailing community standards or laws, or is otherwise regarded by the public as unacceptable or which brings the reputation of the Service Provider into disrepute and as a consequence the Administration believes that its continued association with the Service Provider will be prejudicial or otherwise detrimental to the reputation of the Administration. 8.3 Grounds for termination by the Service Provider The Service Provider may immediately terminate this Agreement by notice in writing to the Administration if: the Administration fails to remedy, to the satisfaction of the Service Provider, any breach of this Agreement (which in the reasonable opinion of the Service Provider is able to be remedied) within 14 days after the date on which the Service Provider issues the Administration with a written notice requiring the Administration to remedy the breach; or the Administration breaches any material provision of this Agreement and in the reasonable opinion of the Service Provider such breach cannot be remedied. 8.4 Consequences of termination Termination of this Agreement will not prejudice any right of action or remedy which may have accrued to either party prior to termination. Where this Agreement is terminated by the Administration pursuant to clause 8.1: (i) the Service Provider must cease all work under this Agreement as soon as practicable following receipt and take all appropriate action to mitigate any loss and prevent additional costs being incurred; and 9 Administration Service Provider

(ii) the Administration will pay to the Service Provider all amounts owing in respect of the Contracted Services undertaken, and work in progress as at the date of termination, provided that such Contracted Services or work in progress have, in the reasonable opinion of the Purchaser, been performed in accordance with the Service Levels and the requirements of this Agreement. 8.5 Continuing obligations The termination or expiration of this Agreement does not act to extinguish a debt, obligation or liability of either of the parties which has accrued under the Agreement and in particular the provisions, rights and obligations described in the following clauses will survive and continue to apply and may be enforced at any time 6.1 (Service Provider Indemnifies Administration) 6.2 (Waiver of rights of recovery from the Administration) 7 (Conflict of Interest) 8.4 (Consequences of termination) 9 (Insurance) 10 (Contract Material) 11 (Administration Material) 12 (Confidentiality) 14 (Disputes) 17 (GST) 9 Insurance 9.1 Service Provider to maintain insurance The Service Provider must (and must ensure that any sub-contractors appointed by it under clause 14.1) obtain and maintain the insurances specified in Item 5 of Schedule 1. (c) (d) On request, the Service Provider must provide the Administration with evidence of the currency of any insurance it is required to obtain. Where any insurance the Service Provider is required to obtain and maintain expires (Initial Insurance), the Service Provider must provide the Administration with evidence of the currency of relevant replacement insurance prior to the expiration of the Initial Insurance. Any insurance obtained pursuant to clause 9.1 or (c) must be: (i) taken out with an insurer acceptable to the Administration; and 1 0 Administration Service Provider

(ii) on terms (including any excess) which are acceptable to the Administration. 9.2 Cross Liability In addition to the requirements of clause 9.1(d), any insurance that the Service Provider is required to obtain and maintain under this Agreement must: be in the joint names of the Service Provider and the Administration; and 10 Contract Material include a cross liability clause under which the insurer agrees to waive all rights of subrogation or action against any of the persons named in the relevant insurance policy as the insured and for the purpose of which the insurer accepts the term insured as applying to each of the persons so named as if a separate policy of insurance had been issued to each of them. 10.1 Title to, and property in, Contract Material The title to, and property (including all Intellectual Property) in, all Contract Material vests in the Administration upon its creation, but that material must remain readily available to the Service Provider to the extent necessary to enable the Service Provider to perform its duties under this Agreement 10.2 Service Provider must return Contract Material On the expiration or earlier termination of this Agreement the Service Provider must immediately deliver all Contract Material in its possession or control to the Administration s Representative and if necessary, transfer any Intellectual Property forming part of that material to the Administration. 10.3 Use of Contract Material restricted The Service Provider must ensure that the Contract Material is used, copied supplied or reproduced only for the purposes of this Agreement. 10.4 Pre-existing Intellectual Property rights The Administration agrees that any pre-existing Intellectual Property right owned by the Service Provider in material used to produce Contract Material is not affected by this Agreement. 10.5 No third party rights in Contract Material The Service Provider warrants that the Administration s use of the Contract Material will not infringe the Intellectual Property rights of any third party. 1 1 Administration Service Provider

11 Administration Material 11.1 Administration Material remains property of the Administration Administration Material remains the property of the Administration and on the expiration or earlier termination of this Agreement the Service Provider must immediately return all the Administration Material to the Administration s Representative. The Service Provider must pay the cost of delivery. 11.2 Third party rights in Administration Material The Administration s Representative must inform the Service Provider of any Administration Material in which third parties hold the Intellectual Property and any conditions or limitations attaching to the use of that Administration Material as a result of the Intellectual Property. The Service Provider must use Administration Material only under the conditions and limitations to which it is subject. 11.3 Service Provider must keep Administration Material safe The Service Provider is responsible for the safe keeping and maintenance of Administration Material. 12 Confidentiality, Privacy & Freedom of Information 12.1 Parties may disclose contract provisions Despite any confidentiality or Intellectual Property right subsisting in this Agreement or a schedule, appendix, annexure or attachment to it, either party may publish all or any part of this Agreement without reference to the other. 12.2 Privacy obligations preserved Nothing in this clause derogates from a party s obligations under the Privacy Act 1988 (Cth); and The Service Provider and its employees and subcontractors Providers must at all times comply with and observe all obligations and requirements under the Privacy Act 1988 (Cth) including all directions, guidelines and determinations of the Privacy Commissioner. 12.3 Service Provider must not disclose Confidential Material Subject to clause 12.1, the Service Provider must not publicly disclose, or use for a purpose other than this Agreement, any information or material acquired or produced in connection with, or by performing, this Agreement, including Administration Material or Contract Material ( Confidential Material ), without the Norfolk Island Tourism s Representative s prior written consent, except to the extent that: the Confidential Material is available to the public generally, other than by breach of this Agreement; 1 2 Administration Service Provider

(c) (d) (e) (f) a law requires the Service Provider to disclose, file, record or register something that includes Confidential Material; disclosure is necessary or advisable to get a consent, authorisation, approval or licence from a governmental or public body or authority; it is necessary or advisable to disclose the Confidential Material to a taxation or fiscal authority or parliament or parliamentary committee or commission of inquiry or Ombudsman or auditor or anti-corruption investigation or Public Service Commissioner / Board; the Confidential Material is disclosed confidentially to professional advisers to get professional advice about this Agreement; the Confidential Material is disclosed in connection with the enforcement of this Agreement; or (g) the parties agree otherwise in writing. 12.4 Service Provider s employees and subcontractors to comply The Service Provider must ensure that its employees and subcontractors who have access to Confidential Material, are aware of, and comply with, all confidentiality obligations affecting it. 12.5 Indemnity The Service Provider agrees to indemnify the Administration, the Administrator, the Commonwealth together with each and every of the servants, agents, employees, advisors, lawyers, consultants, and auditors jointly and severally in respect of any and all loss damage injuries deaths claims and/or proceedings of any kind whatsoever suffered or incurred by the Administration, the Administrator, and/or the Commonwealth which arises directly or indirectly from a breach of any of the obligations of the Service Provider, its employees or subcontractors under clause 12. 12.6 Freedom of information and access to documents In this clause, 'document' and 'Commonwealth contract' have the same meaning as in the Freedom of Information Act 1982 (Cth). (c) The Service Provider acknowledges that this contract is a Commonwealth contract. Where the Commonwealth or the Administration has received a request for access to a document created by, or in the possession of, the Service Provider or any subcontractor that relates to the performance of this Agreement (and not to the entry into that Agreement), the Commonwealth or the Administration may at any time by written notice require the Service Provider to provide the document to the Commonwealth or the Administration and the Service Provider must, at no additional cost to the Commonwealth or the Administration, promptly comply with the notice. 1 3 Administration Service Provider

(d) The Service Provider must include in any subcontract relating to the performance of this Agreement provisions that will enable the Service Provider to comply with its obligations under this clause. 13 Negation of employment and agency 13.1 No representation by Service Provider, sub-contractors etc The Service Provider: must not represent itself: and must ensure that it s sub-contractors, employees and agents do not represent themselves as being sub-contractors, employees or agents of the Administration. 13.2 Service Provider remains independent contractor 14 Disputes Despite the degree of direction, control or supervision that the Administration directly or indirectly exercises over or in respect of the Service Provider, or the Service Provider s employees, agents or sub-contractors in the discharge of duties, obligations, and covenants under this Agreement, the Service Provider is taken to be and remain an independent contractor The Service Provider s sub-contractors, employees and agents are taken to be, and always to have been, and to remain, sub-contractors, employees or agents of the Service Provider. 14.1 Dispute Resolution 14.2 Notification If a dispute arises in relation to the conduct of this Contract ( Dispute ), a party must comply with this clause before starting arbitration or court proceedings (except proceedings for urgent interlocutory relief); After a party has sought or obtained any urgent interlocutory relief that party must follow this clause 14. A party claiming a Dispute has arisen must give the other parties to the Dispute notice setting out details of the Dispute 14.3 Parties to resolve Dispute During the 14 days after a notice is given (or longer period if the parties to the Dispute agree in writing), each party to the Dispute must use its reasonable 1 4 Administration Service Provider

efforts through a meeting of the Representatives (or their nominees) to resolve the Dispute. If the parties cannot resolve the Dispute within the period referred to in clause 14.3, they must refer the Dispute to a mediator if one of them requests. 14.4 Appointment of mediator If the parties to the Dispute cannot agree on a mediator within seven days after a request, the Registrar of the Supreme Court of Norfolk Island will appoint a mediator. 14.5 Role of mediator and obligations of parties The role of a mediator is to assist in negotiating a resolution of the Dispute. (c) A mediator may not make a binding decision on a party to the Dispute except if the party agrees in writing. Unless agreed by the mediator and parties, the mediation must be held within 21 days of the request for mediation. (d) 14.6 Confidentiality The parties must attend the mediation and act in good faith to genuinely attempt to resolve the Dispute. Any information or documents disclosed by a party under this clause 14: is without prejudice; must be kept confidential; and (c) 14.7 Costs may only be used to attempt to resolve the Dispute. Each party to a Dispute must pay its own costs of complying with this clause 14. The parties to the Dispute must equally pay the costs of any mediator. 14.8 Breach of this clause If a party to a Dispute breaches subclauses 14.1 to 14.7, the other party does not have to comply with those clauses in relation to the Dispute. 14.9 Performance during dispute resolution The parties to a Dispute will continue to perform their respective obligations under this Agreement pending the resolution of the Dispute under this clause 14. 1 5 Administration Service Provider

14.10 Settlement communications without prejudice Any exchange of information or documents or the making of any offer of settlement pursuant to this clause is for the purpose of attempting to settle the dispute between the parties. Neither party may use any information or documents obtained through the dispute resolution process established by this clause for any purpose other than in an attempt to settle a dispute between the parties. 14.11 Interlocutory relief Nothing in this clause 14 is to be taken as preventing any party to a dispute from seeking interlocutory relief in respect of such dispute. 15 Sub-contracting Except as expressly provided in this Agreement, the Service Provider must not sub-contract to any third person any of its obligations under this Agreement without the prior written consent of the Administration, which consent may be given or withheld by the Administration in its absolute discretion. The Service Provider must ensure that any person engaged by it complies with all obligations imposed on the Service Provider by this Agreement. The Service Provider will not, as a result of any sub-contracting arrangement, be relieved from the performance of any obligation under this Agreement and will be liable for all acts and omissions of a sub-contractor as though they were the actions of the Service Provider itself. 16 Force Majeure A party will not be entitled to exercise its rights and remedies upon the default of the other party (whether at common law or pursuant to the Contract) if that default: (i) (ii) is caused by Force Majeure; or continues for less than three (3) days. Without limitation, where the event of Force Majeure continues for a period of more than fourteen (14) days, or such other period as the Administration, in its sole discretion, considers reasonable in the circumstances, the Agency may terminate the Contract. 17 GST 17.1 Definitions Terms used in this clause have the same meanings given to them in the Goods and Services Tax Act 2007). 1 6 Administration Service Provider

17.2 Consideration is inclusive of GST Unless otherwise expressly stated, all prices or other sums payable or consideration to be provided under or in accordance with this Agreement are inclusive of GST. The recipient s obligation to pay the GST component of the consideration is subject to it receiving a valid tax invoice in respect of the supply at or before the time of payment. 17.3 Reimbursement If this Agreement requires a party to pay for, reimburse or contribute to any expense, loss or outgoing (reimbursable expense) suffered or incurred by another party, the amount required to be paid, reimbursed or contributed by the first party will be the amount of the reimbursable expense net of input tax credits (if any) to which the other party is entitled in respect of the reimbursable expense plus any GST payable by the other party. 18 Notices 18.1 Giving a communication A notice, demand, certification, process or other communication relating to this Agreement must be in writing in the English language, and may (in addition to any other method permitted by law) be sent by pre-paid post, pre-paid courier or by electronic mail as follows: to the Administration: at the address which is set out in Item 6 of Schedule 1; and to the Service Provider: at the address which is set out in Item 6 of Schedule 1. 18.2 Time of delivery A notice or document shall be taken to be delivered or served as follows: in the case of delivery in person or by courier, when delivered; (c) (d) in the case of delivery by post, two Business Days after the date of posting; in the case of facsimile transmission, on receipt by the sender of a transmission report from the despatching machine showing: the date of transmission, the relevant number of pages, the correct telephone number of the destination facsimile machine and the result of the transmission as satisfactory; and in the case of electronic mail, if the receiving party has agreed to receipt in that form under the Agreement and the message is correctly addressed to and successfully transmitted to that party s electronic mail address (e-mail address), and acknowledgment of receipt is recorded on the sender s computer. 1 7 Administration Service Provider

18.3 After hours communications If any notice or document is delivered or deemed to be delivered: after 5.00 pm in the place of receipt; or on a day which is a Saturday, Sunday or public holiday in the place of receipt, it is taken as having been delivered at 9.00 am on the next day which is not a Saturday, Sunday or public holiday in that place. 19 General 19.1 Legal costs Except as expressly stated otherwise in this Agreement, each party must pay its own legal and other costs and expenses of negotiating, preparing, executing and performing its obligations under this Agreement. 19.2 Amendment This Agreement may only be varied or replaced by a document executed by the parties. 19.3 Adverse construction This Agreement is not to be construed to the disadvantage of a party because that party was responsible for its preparation. 19.4 Waiver and exercise of rights A single or partial exercise or waiver by a party of a right relating to this Agreement does not prevent any other exercise of that right or the exercise of any other right. A party is not liable for any loss, cost or expense of any other party caused or contributed to by the waiver, exercise, attempted exercise, failure to exercise or delay in the exercise of a right by the first party. 19.5 Severability Any provision of this Agreement which is invalid or unenforceable is to be read down, if possible, so as to be valid and enforceable, and, if that is not possible, the provision shall, to the extent that it is capable, be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions. 19.6 Rights cumulative Except as expressly stated otherwise in this Agreement, the rights of a party under this Agreement are cumulative and are in addition to any other rights of that party. 1 8 Administration Service Provider

19.7 Set off The Administration may set off against any sum owing to the Service Provider under this Agreement any amount then owing by the Service Provider to the Administration. 19.8 Time of the essence Time is of the essence in relation to the provision of the Contracted Services under this Agreement. 19.9 Governing law and jurisdiction This Agreement is governed by and is to be construed in accordance with the laws applicable in Norfolk Island. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Norfolk Island and any courts which have jurisdiction to hear appeals from any of those courts and waives any right to object to any proceedings being brought in those courts. 19.10 Assignment of rights A party may not assign any right under this Agreement without the prior written consent of the other party. (c) The Service Provider will not, as a result of any assignment pursuant to clause 19.10, be relieved from the performance of any obligation under this Agreement, and will be responsible for acts and omissions of any assignee. The Administration may, by notice in writing to the Service Provider, assign its rights to any other government department, administrative office or other Administration owned entity in the event of any government restructure or other re-organisation. (d) 19.11 Counterparts In the event that there is a change of ownership of the Service Provider, the Administration, in its absolute discretion, may terminate the contract. This Agreement may consist of a number of counterparts and, if so, the counterparts taken together constitute one document. 19.12 Entire understanding This Agreement, together with any other documents or representations specified in Item 9 of Schedule 1 contains the entire understanding between the parties as to the subject matter of this Agreement. Except as otherwise provided in clause 19.12: 1 9 Administration Service Provider

(i) (ii) all previous negotiations, understandings, representations, warranties, memoranda or commitments concerning the subject matter of this Agreement are merged in and superseded by this Agreement and are of no effect; and no oral explanation or information provided by any party to another: (A) (B) 19.13 Relationship of parties affects the meaning or interpretation of this Agreement; or constitutes any collateral agreement, warranty or understanding between any of the parties. This Agreement is not intended to create a partnership, joint venture or agency relationship between the parties. Schedule 1 Contract Variables Item 1: Commencement and completion (Clause 2.1) Commencement Date:01November2014 Expiry Date:04October2017 Item 2: Administration and Service Provider Representatives (Clause 4.1) Administration s Representative Service Provider s Representative Name: Bruce Taylor Name: Title: Deputy Chief Executive Officer Title: Telephone: 22001 ext 137 Telephone: Mobile: Mobile: Email: deputyceo@admin.gov.nf Email: Item 3: Invoicing (Clause 3.1) 2 0 Administration Service Provider

Invoice requirements: Invoices must contain the information necessary to be a tax invoice for the purposes of the Goods and Services Tax Act 2007 in addition to the following (if any): Invoices should be directed to the following Administration Address for invoice: The Finance and Budget Manager, Finance Branch, Administration of Norfolk Island, ground floor, New Military Barracks, Kingston, Norfolk Island 2899 (Fax: (+6723) 22885 / gconnell@admin.gov.nf ) 2 1 Administration Service Provider

Item 4: Payment (Clause 3.2) Payment for Contracted Services is to be made in accordance with any of the following methods: Direct debit Account Name Bank Address BSB No. Account No. Payment to be made to Service Provider within 30 days of invoice date. Service Provider to invoice on a calendar monthly basis for services provided. Item 5: Insurance (Clause 9.1) Tick one or more of the boxes below to specify the types and amount of insurance that the Service Provider is required to obtain and maintain during the Term: Type of coverage Amount (AUD) Public liability insurance $20,000,000.00 Professional indemnity insurance N/A Other (please specify) Legal Liability $ 20,000,000 Item 6: Notice particulars (Clause 18) Administration s Representative Service Provider s Representative Name: Bruce Taylor Name: Title: Deputy Chief Executive Officer Title: Telephone: 22001 ext 137 Telephone: Mobile: Mobile: Email: deputyceo@admin.gov.nf Email: 2 2 Administration Service Provider

Item 7: Specified Personnel (Clause 2.5) Insert details of Service Provider s employees or contractors who will be engaged in the provision of the Contracted Services: [NOT APPLICABLE] Specified Personnel may not perform those parts of the Contracted Services that involve the exercise of statutory powers unless such personnel hold the requisite statutory appointment. Item 9: Documentation (Clause 20.12) Insert details of any additional documentation (other than the Tender Documentation) that forms part of this Agreement: [NOT APPLICABLE] 2 3 Administration Service Provider

Schedule 2 Contracted Services and Price Schedule 1 Contracted Services The Service Provider shall be responsible during the term of the Contract for the sale, supply, transport and delivery to the Administration of any and all fuel requirements of the Administration including but not limited to the supply of unleaded petroleum and diesel fuel compliant with all relevant Australian standards for such fuels, fuel delivery, transport, sale, supply and delivery of any other petroleum products and oil as and whenever requested or required by the Administration. The Service Provider warrants and guarantees that any and all fuel and fuel or similar products supplied to the Administration under this Agreement is fully compliant with all relevant Australian Standards applicable from time to time, free from contaminants and fit for the purposes for which such items are to be used or may reasonably be used by the Administration particularly in relation to fuel and any oil for use in motor vehicles of any type, plant and equipment operated by or on behalf of the Administration from time to time. 2 Price Schedule Fees: FUEL OR PRODUCT TYPE Fee (GST & delivery / levies / inclusive) Unleaded Fuel Per litre = Diesel Fuel Per litre = Cancellation Charges: The cancellation charges payable to the Service Provider pursuant to clause 2.7 shall be: Limited to the amount owing and unpaid on any invoice rendered to and received by the Administration prior to the time of receipt by the supplier of the cancellation notice. 2 4 Administration Service Provider

Schedule 3 Service Levels In providing the Contracted Services and otherwise performing its obligations under the Agreement, the Service Provider must comply with the following Service Levels: Environmental and sanitation standards: The Service Provider shall comply with all applicable environmental and spillage and fuel storage and transport requirements and laws in Norfolk Island. In the absence of applicable Norfolk Island standards the Service Provider shall comply with those standards notified in writing to the Service Provider by the Deputy CEO or the Public Works Manager of the Administration of Norfolk Island. Notification of Administration issues: The Service Provider shall inform the Administration promptly, giving details of the circumstances, reasons and likely duration, in the event it becomes aware of anything of whatever nature (and whether or not the result of any act or omission on the part of the Administration or its employees or subcontractors) which may prevent the Administration from materially fulfilling its obligations in accordance with this Agreement. Notification of incidents: The Service Provider shall inform the Administration promptly (and not later than 24 hours in any instance), giving full details of the circumstances, reasons and likely duration and action being taken by the supplier and/or emergency authorities at the request of the supplier to address and resolve the situation, in the event it becomes aware of anything of whatever nature(and whether or not the result of any act or omission on the part of the Administration or its employees or subcontractors) which may or does give rise to any incident or event involving any spillage or loss or contamination of any type of fuel or fuel product anywhere in Norfolk Island where such fuel or fuel product is sold or allocated for sale or in the course of supply or delivery to the Administration at any time. Title to and property in the fuel or fuel products: legal title to and property in any fuel or fuel products sold and supplied under this agreement shall pass upon delivery to the Administration notwithstanding any invoice not being rendered or paid at that time unless any such fuel or fuel product is contaminated or not in compliance with the applicable Australian standards or not fit for the purpose for which it is to be used. 2 5 Administration Service Provider

Replacement of contaminated or unfit fuel or fuel products: the supplier shall accept back, remove and replace promptly at its own expense and at no additional charge to the Administration any fuel or fuel product found by the Administration to be contaminated or not in compliance with any applicable Australian standard or unfit for the purpose for which it is to be used (and the Administration shall promptly provide copies of any tests or reports in that regard to the supplier within 72 hours of any Administration request for replacement being made to the Supplier. 2 6 Administration Service Provider

Schedule 4 Compliance with Law In performing its obligations under this Agreement, the Service Provider must in addition to any other applicable laws or standards or international conventions comply at its own expense with the following (without limiting any of its other obligations under this Agreement): Airport Act 1991 Business Names Act 1976 Companies Act 1985 Customs Act 1913 Disaster and Emergency Management Act 2001 Employment Act 1988 Environment Act 1990 Fair Trading Act 1995 Fire Control Act 2000 Fuel Emergency Act 2005 Fuel Levy Act 1987 Goods and Services Tax Act 2007 Health Act 1913 Immigration Act 1980 Lighterage Act 1961 Marine Safety Act 2013 Poisons and Dangerous Substances Act 1957 Sale of Goods (Vienna Convention) Act 1987 Traffic Act 2010 Waste Management Act 2003 Weights Act 1926 Any and all applicable Commonwealth laws 2 7 Administration Service Provider

Executed as an Agreement Signed for and on behalf of the Administration of Norfolk Island by its duly authorised representative in the presence of: Witness Signature Print Name Signature Print Name Date: Executed by in the presence of: Witness Signature Print Name Date: 3 9 Administration Service Provider