13Certain limitations on issue or grant of declarations or injunctions not to apply

13 Certain limitations on issue or grant of declarations or injunctions not to apply

(1)  The power of the Supreme Court to issue a declaration or to grant an interlocutory or interim injunction under section 10 in relation to a contravention, or a proposed contravention, of an enforceable procurement provision may be exercised –

(a) if the Court is satisfied, to the degree that is applicable to the making of a declaration or an interlocutory or interim injunction, as the case may be, that the agency has engaged in conduct of a kind that constitutes, or may constitute, the contravention or proposed contravention – whether or not it appears to the Court that the agency intends to engage again, or to continue to engage, in conduct of that kind; or

(b) if it appears to the Court that, if a declaration is not issued or an interlocutory or interim injunction is not granted, it is likely that the agency will engage in conduct of that kind –

(i) whether or not the agency has previously engaged in conduct of that kind; and

(ii) whether or not there is an imminent danger of substantial damage to any person if the agency engages in conduct of that kind.

(2)  The power of the Supreme Court to issue a declaration under section 10 in relation to conduct that constitutes, or may constitute, a contravention or proposed contravention of an enforceable procurement provision may be exercised –

(a) if the Court is satisfied that the agency has refused or failed to do an act or thing – whether or not it appears to the Court that the agency intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; or

(b) if it appears to the Court that, if a declaration is not issued, it is likely that the agency will refuse or fail to do that act or thing –

(i) whether or not the agency has previously refused or failed to do that act or thing; and

(ii) whether or not there is an imminent danger of substantial damage to any person if the agency refuses or fails to do that act or thing.