Document ID: chunk:federal_register_of_legislation:C2021C00406:section:10
Version: federal_register_of_legislation:C2021C00406
Segment Type: section
Provision Reference: s 10
Character Range: 10233–11678

10  Availability of alternative remedy of compensation
 (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 in 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;
then:
 (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 appropriate 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.