Injunctions
9 Injunctions
Restraining injunctions
If:
a relevant Commonwealth entity; or
an official of a relevant Commonwealth entity;
has engaged, is engaging or is proposing to engage, in any conduct in contravention of 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 conduct, grant an injunction:
restraining the entity or official from engaging in the conduct; and
if, in the court’s opinion, it is desirable to do so—requiring the entity or official to do something.
Performance injunctions
If:
either:
a relevant Commonwealth entity; or
an official of a relevant Commonwealth entity;
has refused or failed, or is refusing or failing, or is proposing to refuse or fail, to do an act or thing; and
the refusal or failure was, is or would be in contravention of 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 refusal or failure, grant an injunction requiring the entity or official to do that act or thing.
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