37.4 Consequences following notice of a Probity Event

(a) Where within a specified period, the parties are unable to agree a course of action (including where the private party fails to meet with government to agree a course of action), the private party must take any action required by government to address the adverse effect of or cure the Probity Event113.

(b) Actions government may require of the private party include:114

(i) where the corporation triggering the Probity Event has Control over the private party or relevant associate, that the corporation ceases to have Control; and

(ii) procuring that a person triggering the Probity Event ceases to have any involvement, shares, entitlement or significant influence, power or Control over any relevant company (being the private party or an associate of the private party) or the project and removing such person from any involvement in the project.

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113 This is subject to the private party's right to refer a government determination to dispute resolution if it considers that the required action will not address the adverse effects of the Probity Event.

114 This is not intended to be an exhaustive list of the action government may require. For example, in some circumstances where a probity event gives rise to circumstances that are extremely adverse to government a Probity Event may give rise to a right to terminate the project agreement.