11

11 Limitation on power to issue declaration

(1)  The Supreme Court must not issue a declaration under section 10 in relation to a contravention, or a proposed contravention, in relation to a covered procurement, by a relevant government agency unless –

(a) the Court is satisfied that the applicant for the declaration has made a complaint under section 7 in relation to the contravention or proposed contravention; and

(b) if the Court considers that it would have been reasonable for the applicant to have attempted to resolve the complaint – the Court is satisfied that the applicant has made a reasonable attempt to resolve the complaint.

(2)  The Supreme Court must not issue a declaration under section 10 in relation to a contravention that has occurred unless the Court is satisfied that the application for the declaration was made –

(a) within 10 days after the later of –

(i) the day on which the contravention occurred; or

(ii) the day on which the applicant became aware, or ought reasonably to have become aware, of the contravention; or

(b) within a longer period that the Court allows.

(3)  The Supreme Court must not issue a declaration under section 10 in relation to a contravention that is occurring unless the Court is satisfied that the application for the declaration was made –

(a) within 10 days after the day on which the applicant became aware, or ought reasonably to have become aware, of the contravention; or

(b) within a longer period that the Court allows.

(4)  The Supreme Court must not issue a declaration under section 10 in relation to a proposed contravention unless the Court is satisfied that the application for the declaration was made –

(a) within 10 days after the day on which the applicant became aware, or ought reasonably to have become aware, of the proposed contravention; or

(b) within a longer period that the Court allows.

(5)  The Supreme Court must not allow a longer period under subsection (2)(b) , subsection (3)(b) or subsection (4)(b) , unless the Court is satisfied that –

(a) the applicant's failure to make the application within the 10-day period referred to in subsection (2)(a) , subsection (3)(a) , or subsection (4)(a) , respectively, is attributable to the applicant's reasonable attempt to resolve the complaint referred to in subsection (1)(a) ; or

(b) there are special circumstances that warrant allowing a longer period.