Commonwealth Consolidated Acts

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GOVERNMENT PROCUREMENT (JUDICIAL REVIEW) ACT 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 p roper administration of justice;

the accountable authority must discontinue the investigation.



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