Commonwealth Numbered Acts

GOVERNMENT PROCUREMENT (JUDICIAL REVIEW) ACT 2018 (NO. 129, 2018) - SECT 10

             (1)  If:

                     (a)  a supplier has made an application to the Federal Court or the Federal Circuit Court for an injunction under this Part in relation to a contravention or proposed contravention; and

                     (b)  the supplier has made an application to the court for an order under section 16 (compensation) in relation to the contravention or proposed contravention; and

                     (c)  a public interest certificate is in force in relation to the procurement concerned; and

                     (d)  the procurement concerned has not reached the stage where a contract has been entered into with a supplier;

then:

                     (e)  the court must consider:

                              (i)  whether the grant of the injunction would result in a significant delay to the procurement concerned; and

                             (ii)  if so, whether the making of an order under section 16 would be a more appropriate remedy for the contravention or proposed contravention than the grant of the injunction; and

                      (f)  if the court is satisfied that:

                              (i)  the grant of the injunction would result in a significant delay to the procurement concerned; and

                             (ii)  the making of an order under section 16 would be a more appropriate remedy for the contravention or proposed contravention than the grant of the injunction;

                            the court may refuse to grant the injunction.

             (2)  Subsection (1) does not, by implication, limit the power of a court to refuse to grant an injunction.