176FCompensation for contravention

#### 176F Compensation for contravention 176F Compensation for contravention > > (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, make an order for the payment of compensation to the applicant in respect of the contravention or proposed contravention. > > > (2) The amount of compensation ordered must not exceed the sum of— > > > > > (a) the reasonable procurement process expenditure incurred by the applicant, and > > > > > (b) the reasonable expenditure incurred by the applicant in connection with making a complaint under Division 5 about the contravention or proposed contravention, and > > > > > (c) the reasonable expenditure incurred by the applicant in connection with making a reasonable attempt to resolve the complaint. > > > (3) Despite subsection (2)— > > > > > (a) an amount of compensation cannot include— > > > > > > > (i) expenditure in connection with making or attempting to resolve a complaint if it is incurred after the affected applicant ought reasonably to have known that litigation was likely, or > > > > > > > (ii) costs already awarded by a court or tribunal to the affected applicant in respect of proceedings before the court or tribunal, and > > > > > (b) costs cannot be awarded by a court or tribunal to the affected applicant in respect of proceedings before the court or tribunal after an amount of compensation is ordered if the amount already includes those costs. > > > (4) If the government agency is not a corporation, the order may be made against the State rather than the agency. > > > (5) In this section— > > > > procurement process expenditure, in relation to a procurement, means— > > > > > (a) the expenditure in preparing a tender or expression of interest for the procurement, and > > > > > (b) the expenditure in applying for inclusion in a procurement list used for the procurement, and > > > > > (c) the expenditure in tendering for inclusion in a procurement panel used for the procurement. > > **s 176F:** Ins 2018 No 72, Sch 1\[6\]. Am 2019 No 14, Sch 1.17.