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Part 5—Miscellaneous

Part 5 Miscellaneous

   

21   Simplified outline of this Part

•      The accountable authority of a relevant Commonwealth entity may issue a public interest certificate in relation to a specified procurement.

•      A contravention of the Commonwealth Procurement Rules does not affect the validity of a contract.

•      The delegation provisions in the Public Governance, Performance and Accountability Act 2013 apply in relation to the functions and powers conferred on the accountable authority of a non-corporate Commonwealth entity by this Act.

•      Parts 2, 3 and 4 do not apply to a contravention of the relevant Commonwealth Procurement Rules that occurred before the commencement of this Act.

22   Public interest certificate

             (1)  The accountable authority of a relevant Commonwealth entity may issue a written certificate stating that it is not in the public interest for a specified procurement by the entity to be suspended while:

                     (a)  applications for injunctions under Part 2 are being considered; or

                     (b)  complaints under section 18 are being investigated.

             (2)  A certificate issued under subsection (1) is to be known as a public interest certificate .

23   Contravention of the Commonwealth Procurement Rules does not affect the validity of a contract

             (1)  A contravention of the Commonwealth Procurement Rules does not affect the validity of a contract.

             (2)  For the purposes of subsection (1), it is immaterial whether the contravention occurred before, at or after the commencement of this Act.

24   Delegation by accountable authority

                   Section 110 of the Public Governance, Performance and Accountability Act 2013 has effect as if the functions and powers conferred on the accountable authority of a non-corporate Commonwealth entity by this Act were functions or powers conferred by that Act.

25   Transitional

                   Parts 2, 3 and 4 do not apply to a contravention of the relevant Commonwealth Procurement Rules that occurred before the commencement of this Act.