Terms & Conditions of Regulatory Sandboxes

Submissions

Any individual 18 years or older and organisation (incorporated or unincorporated) resident or having a place of business in New South Wales may make a submission.

In making a submission to this website you agree that your submission does not constitute an application to, or agreement with, the Department of Finance, Services and Innovation (DFSI) for it to create a Regulatory Sandbox applicable to your submission or to procure another NSW Government Agency to do so.  DFSI is not obliged to enter into negotiations with you in regard to any such matters.

DFSI will undertake reasonable endeavours to respond to your submission.

Ability to submit

If you are making a submission on behalf of an organisation, you warrant that:

a)      If the organisation is unincorporated - each member of the organisation has agreed to these terms and conditions.

b)      If the organisation is incorporated – it has authorised you to agree on its behalf to these terms and conditions.

NSW Government employees

NSW Government employees may make submissions in accordance with the following additional terms and conditions:

a)      They must obtain prior ‘secondary employment’ approval in accordance with the procedures of their Agency.

b)      Submissions must not have been, and must not be, developed wholly or partially as a result of their paid employment or responsibilities as NSW Government employees.

c)       Submissions must not use any data or other resources available exclusively to NSW Government employees as a result of their employment.

Copyright and other intellectual property

The respective author(s) of a submission to DFSI retain ownership of the copyright in it and grant a non-exclusive royalty-free licence to the State of New South Wales (NSW) for one (1) year to do any act comprised in such copyright which is reasonably necessary to consider and respond to the submission.

To the extent that your submission contains material that is subject to copyright of a third party, you warrant that you have obtained all necessary licences and consents required for the use of those materials in the manner set out in these terms and conditions (including for NSW to use, reproduce, publish, perform or communicate to the public), and have made arrangements for the payment of any royalties or other fees payable in respect of the use of such material.

You indemnify NSW against all liabilities, claims, costs and expenses (including legal costs) arising out of any third party claiming that NSW’s actions in considering, responding to, or otherwise using your submission infringes its Intellectual Property Rights.

Privacy

Without limiting the Privacy Statement of this website, in making a submission, you consent to your submission, along with any personal information, being transferred between NSW Government Agencies for the purpose of resolving your enquiry. You are not legally obliged to provide personal information but if you do not provide it, DFSI will be unable to accept your enquiry.  You may correct any of the personal information you provide by contacting DFSI whose address and other contact details are at www.finance.nsw.gov.au. DFSI will add your email to a mailing list for the purposes of keeping you up to date and informed on the Regulatory Sandbox program. If you wish to have your email taken off the list please contact us.   These terms and conditions concerning privacy and personal information prevail to the extent of any inconsistency with such Privacy Statement.

Disclaimer

Any information or material provided to you in considering and responding to your submission is subject to this disclaimer.

Miscellaneous

a)      Unless the context indicates otherwise:

“Intellectual Property Rights” includes but is not limited to copyright, trademark, design, patent and other rights in or to the submission.

“Regulatory Sandbox” means the creation of a regulatory environment to facilitate the testing of innovative products, services, business models or delivery mechanisms by a person (the Innovator) where the Innovator does not have to comply with certain regulatory or statutory requirements which would otherwise apply to the Innovator in that regard.  For example, such an environment could involve one or more of the following:

• amending legislation;
• making a regulation or administrative order specifying an exemption;
• amending or not enforcing a policy; or
• imposing a condition on a licence, permit or similar authority.

“You”, “your” and similar words refer to the person making the submission or on whose behalf the submission is made.

b)      The law in force in NSW applies to these terms and conditions.

If you are an unincorporated organisation, these terms and conditions bind your members jointly and individually.