176DSupreme Court may grant injunctions

#### 176D Supreme Court may grant injunctions 176D Supreme Court may grant injunctions > > (1) If a government agency has contravened, is contravening or is proposing to contravene an enforceable procurement provision, the Supreme Court may, on the application of an affected applicant, grant an injunction restraining the agency from doing so or requiring the agency to do any act or thing necessary to avoid or remedy the contravention or proposed contravention. > > > (2) The Supreme Court may not grant an injunction under this section if the Court is satisfied that a contract has already been entered into for the procurement concerned. > > > (3) The Supreme Court may grant an interim injunction pending determination of an application under this section if the Court thinks it is desirable to do so. > > > (4) However, the Supreme Court may not grant an interim injunction if a public interest certificate has been issued in respect of the procurement concerned unless the Court is satisfied that it would be in the public interest to do so. > > > (5) In determining whether to grant an injunction under this section, the Supreme Court must consider whether— > > > > > (a) the grant of the injunction would result in a significant delay to the procurement concerned, and > > > > > (b) the making of an order under section 176F for the contravention or proposed contravention would be a more appropriate remedy in the circumstances. > > > (6) The power of the Supreme Court to grant an injunction under this section restraining a government agency from engaging in conduct may be exercised— > > > > > (a) 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, and > > > > > (b) whether or not the agency has previously engaged in conduct of that kind, and > > > > > (c) whether or not there is an imminent danger of substantial damage to any person if the agency engages in conduct of that kind. > > > (7) If the government agency is not a corporation, an injunction under this section may be addressed to the government agency head for the agency. > > > (8) The Supreme Court may discharge or vary an injunction granted under this section. > > **s 176D:** Ins 2018 No 72, Sch 1\[6\].