Commonwealth Numbered Acts

GOVERNMENT PROCUREMENT (JUDICIAL REVIEW) ACT 2018 (NO. 129, 2018) - SECT 9

Restraining injunctions

             (1)  If:

                     (a)  a relevant Commonwealth entity; or

                     (b)  an official of a relevant Commonwealth entity;

has engaged, is engaging or is proposing to engage, in any conduct in contravention of the relevant Commonwealth Procurement Rules (so far as those rules relate to a covered procurement), the Federal Court or the Federal Circuit Court may, on the application of a supplier whose interests are affected by the conduct, grant an injunction:

                     (c)  restraining the entity or official from engaging in the conduct; and

                     (d)  if, in the court's opinion, it is desirable to do so--requiring the entity or official to do something.

Performance injunctions

             (2)  If:

                     (a)  either:

                              (i)  a relevant Commonwealth entity; or

                             (ii)  an official of a relevant Commonwealth entity;

                            has refused or failed, or is refusing or failing, or is proposing to refuse or fail, to do an act or thing; and

                     (b)  the refusal or failure was, is or would be in contravention of the relevant Commonwealth Procurement Rules (so far as those rules relate to a covered procurement);

the Federal Court or the Federal Circuit Court may, on the application of a supplier whose interests are affected by the refusal or failure, grant an injunction requiring the entity or official to do that act or thing.