8Investigation of complaint

8 Investigation of complaint

(1)  If a supplier makes a complaint under section 7 to the accountable authority of a relevant government agency, the accountable authority must –

(a) investigate the conduct that is the subject of the complaint; and

(b) prepare a report in relation to the investigation.

(2)  The accountable authority of the relevant government agency to which a complaint is made may discontinue the investigation in relation to the complaint if –

(a) the supplier withdraws the complaint; or

(b) the supplier informs the accountable authority that the supplier considers the complaint to be resolved; or

(c) in proceedings instituted under this Act in the Supreme Court in relation to the conduct that is the subject of the complaint, the Supreme Court makes either of the following findings:

(i) that the conduct was in contravention, in relation to a covered procurement, of an enforceable procurement provision;

(ii) that the conduct was not in contravention, in relation to a covered procurement, of an enforceable procurement provision.

(3)  If –

(a) proceedings are instituted under this Act in the Supreme Court in relation to conduct that is the subject of the complaint; and

(b) the continuation of the investigation would be likely to result in prejudice to the proper administration of justice –

the accountable authority must discontinue the investigation.