9Suspension of procurement where complaint made

9 Suspension of procurement where complaint made

(1)  If –

(a) a supplier makes under section 7 a complaint to the accountable authority of a relevant government agency about conduct in relation to a procurement; and

(b) when the complaint is made, there is no public interest certificate in relation to the procurement –

the accountable authority must suspend the procurement until the relevant time.

(2)  For the purposes of subsection (1) , the relevant time is the earliest of the following times:

(a) the time, if any, when the supplier informs the accountable authority that the supplier considers the complaint in relation to the conduct to be resolved;

(b) the time when the supplier withdraws the complaint, if at all;

(c) the time, if any, when the accountable authority issues a public interest certificate in relation to the procurement;

(d) the time, if any, when the Supreme Court, in proceedings under this Act in relation to the conduct, makes either of the following findings:

(i) that the conduct was in contravention of an enforceable procurement provision;

(ii) that the conduct was not in contravention of an enforceable procurement provision.