9Injunctions

9 Injunctions

Restraining injunctions (1) If: (a) a relevant Commonwealth entity; or (b) 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: (c) restraining the entity or official from engaging in the conduct; and (d) if, in the court’s opinion, it is desirable to do so—requiring the entity or official to do something. Performance injunctions (2) If: (a) either: (i) a relevant Commonwealth entity; or (ii) 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 (b) 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.