Commonwealth Numbered Acts

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GOVERNMENT PROCUREMENT (JUDICIAL REVIEW) ACT 2018 (NO. 129, 2018) - SECT 20

Suspension of procurement

                   If:

                     (a)  a supplier makes a complaint under section 18 to the accountable authority of a relevant Commonwealth entity about conduct in relation to a procurement; and

                     (b)  when the complaint is made, no public interest certificate is in force in relation to the procurement;

the accountable authority must suspend the procurement until the earliest of the following times:

                     (c)  if the supplier informs the accountable authority that the supplier considers the complaint to be resolved--the time when the supplier so informs the accountable authority;

                     (d)  if the supplier withdraws the complaint--the time when the supplier withdraws the complaint;

                     (e)  if the accountable authority issues a public interest certificate in relation to the procurement--the time when the accountable authority issues the certificate;

                      (f)  if, in proceedings instituted in a court under this Act in relation to the conduct, 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);

                            the time when the court makes the finding concerned.

   



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