Commonwealth Numbered Acts

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GOVERNMENT PROCUREMENT (JUDICIAL REVIEW) ACT 2018 (NO. 129, 2018) - SECT 19

Investigation by accountable authority

             (1)  If a supplier makes a complaint under section 18 to the accountable authority of a relevant Commonwealth entity, the accountable authority must:

                     (a)  investigate the conduct the subject of the complaint; and

                     (b)  prepare a report of the investigation.

             (2)  The accountable authority may discontinue the investigation if:

                     (a)  the supplier withdraws the complaint; or

                     (b)  the supplier informs the accountable authority that the supplier considers the complaint to be resolved; or

                     (c)  in proceedings instituted in a court under this Act in relation to the conduct the subject of the complaint, the court makes either of the following findings:

                              (i)  that the conduct was in contravention of the relevant Commonwealth Procurement Rules (so far as those rules relate to a covered procurement);

                             (ii)  that the conduct was not in contravention of the relevant Commonwealth Procurement Rules (so far as those rules relate to a covered procurement).

             (3)  If:

                     (a)  proceedings are instituted in a court under this Act in relation to the conduct the subject of the complaint; and

                     (b)  the continuation of the investigation would be likely to result in prejudice to the proper administration of justice;

the accountable authority must discontinue the investigation.



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