Document ID: chunk:federal_register_of_legislation:C2021C00406:section:16
Version: federal_register_of_legislation:C2021C00406
Segment Type: section
Provision Reference: s 16
Character Range: 17072–19028

16  Compensation for a contravention of the relevant Commonwealth Procurement Rules
  If:
 (a) a relevant Commonwealth entity; or
 (b) an official of a relevant Commonwealth entity;
has contravened, is contravening, or is proposing to contravene, 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 contravention or proposed contravention, make whichever of the following orders is applicable:
 (c) if the relevant Commonwealth entity is a non‑corporate Commonwealth entity—an order directing the Commonwealth to pay to the supplier, by way of compensation, an amount not exceeding the sum of:
 (i) reasonable expenditure incurred by the supplier in preparing a tender for the procurement; and
 (ii) reasonable expenditure incurred by the supplier in connection with making a complaint under section 18 to the accountable authority of the relevant Commonwealth entity about the contravention or proposed contravention; and
 (iii) reasonable expenditure incurred by the supplier in connection with making a reasonable attempt to resolve such a complaint;
 (d) if the relevant Commonwealth entity is a corporate Commonwealth entity—an order directing the corporate Commonwealth entity to pay to the supplier, by way of compensation, an amount not exceeding the sum of:
 (i) reasonable expenditure incurred by the supplier in preparing a tender for the procurement; and
 (ii) reasonable expenditure incurred by the supplier in connection with making a complaint under section 18 to the accountable authority of the relevant Commonwealth entity about the contravention or proposed contravention; and
 (iii) reasonable expenditure incurred by the supplier in connection with making a reasonable attempt to resolve such a complaint.

Part 4—Complaints