Government Procurement (Judicial Review) Act 2018

If:

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

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

a public interest certificate is in force in relation to the procurement concerned; and

the procurement concerned has not reached the stage where a contract has been entered into with a supplier;

the court must consider:

whether the grant of the injunction would result in a significant delay to the procurement concerned; and

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

if the court is satisfied that:

the grant of the injunction would result in a significant delay to the procurement concerned; and

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;

Subsection (1) does not, by implication, limit the power of a court to refuse to grant an injunction.