Commonwealth Consolidated Acts

GOVERNMENT PROCUREMENT (JUDICIAL REVIEW) ACT 2018 - SECT 10

  (1)   If:

  (a)   a supplier has made an application to the Federal Court or the Federal Circuit and Family Court of Australia (Division   2) for an injunction under this Part   i n 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 ;

t he n:

  (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 appropria te 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.