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New legal rights to challenge Australian Government procurements passed into law


In a significant step for Australian procurement laws, the Government Procurement (Judicial Review) Bill 2017 (Cth) (the Bill) passed the Senate without amendment on 18 October 2018. The  Government Procurement (Judicial Review) Act 2018 (Cth) (the Act) (once commenced) will provide suppliers with a statutory platform to challenge a government procurement process in the Federal Court of Australia (FCA) or Federal Circuit Court of Australia (FCCA) for a breach of the Commonwealth Procurement Rules (CPRs). Overview  Set out below is a snapshot of the Act. For more detail please refer to our previous article on the Bill here. The Act: will commence six months after assent (being 20 April 2019) or earlier by proclamation only applies to ‘covered procurements’ (where Divisions 1 and 2 of the CPRs apply, the procurement is not exempt under Division 2 and the procurement meets the relevant monetary threshold) only applies to alleged breaches that occur after the Act’s commencement date….

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