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COMMONWEALTHAct
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s 20

Suspension of procurement

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Part 4Complaints

20 Suspension of procurement

If:

(a)

a supplier makes a complaint under section 18 to the accountable authority of a relevant Commonwealth entity about conduct in relation to a procurement; and

(b)

when the complaint is made, no public interest certificate is in force in relation to the procurement;

the accountable authority must suspend the procurement until the earliest of the following times:

(c)

if the supplier informs the accountable authority that the supplier considers the complaint to be resolved—the time when the supplier so informs the accountable authority;

(d)

if the supplier withdraws the complaint—the time when the supplier withdraws the complaint;

(e)

if the accountable authority issues a public interest certificate in relation to the procurement—the time when the accountable authority issues the certificate;

(f)

if, in proceedings instituted in a court under this Act in relation to the conduct, 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);

the time when the court makes the finding concerned.

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