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COMMONWEALTHAct
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s 19

Investigation by accountable authority

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Part 4Complaints

19 Investigation by accountable authority

(1)

If a supplier makes a complaint under section 18 to the accountable authority of a relevant Commonwealth entity, the accountable authority must:

(a)

investigate the conduct the subject of the complaint; and

(b)

prepare a report of the investigation.

(2)

The accountable authority may discontinue the investigation if:

(a)

the supplier withdraws the complaint; or

(b)

the supplier informs the accountable authority that the supplier considers the complaint to be resolved; or

(c)

in proceedings instituted in a court under this Act in relation to the conduct the subject of the complaint, the court makes either of the following findings:

(i)

that the conduct was in contravention of the relevant Commonwealth Procurement Rules (so far as those rules relate to a covered procurement);

(ii)

that the conduct was not in contravention of the relevant Commonwealth Procurement Rules (so far as those rules relate to a covered procurement).

(3)

If:

(a)

proceedings are instituted in a court under this Act in relation to the conduct the subject of the complaint; and

(b)

the continuation of the investigation would be likely to result in prejudice to the proper administration of justice;

the accountable authority must discontinue the investigation.

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