Document ID: chunk:federal_register_of_legislation:C2021C00406:section:9
Version: federal_register_of_legislation:C2021C00406
Segment Type: section
Provision Reference: s 9
Character Range: 8854–10233

9  Injunctions

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.