Bill passes the Senate

Government Procurement (Judicial Review) Bill 2017 (Cth)

Amanda Story | Michael Brennan | Will Sharpe

The Government Procurement (Judicial Review) Bill 2017 (Cth) passed the Senate yesterday (Act). Once the Act commences, suppliers will have a statutory basis to challenge a tender decision for non-compliance with the Commonwealth Procurement Rules (CPRs). This is a significant change to the law concerning tender challenges.

The passage of the Act reflects steps taken by the Australian Government to implement international law obligations under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (TPP-11), and the WTO Agreement on Government Procurement to which Australia has submitted a bid to accede.

The Bill passed the House of Representatives and Senate unamended.

When will the Act commence?

The Act will commence six months after receiving royal assent, if not proclaimed earlier. Agencies should be aware that, existing procurements, where the contravention occurs after the commencement of the Act, will be subject to the Act.