Commonwealth Consolidated Acts

GOVERNMENT PROCUREMENT (JUDICIAL REVIEW) ACT 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 and Family Court of Australia (Division   2) 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 and Family Court of Australia (Division   2) 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.