10Availability of alternative remedy of compensation

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.