Part 9: Remedies for breach of statutory duty Section 104: Post-contractual remedies
Subsection (1) explains that the remedies under this section for breach of statutory duty under section 101(1) are only available where the public contract (or contract modification) has already been entered into (i.e. they are post-contractual remedies).
	If the subsection (1) requirements are fulfilled, subsection (2) obliges the court to set aside a public contract (or a contract modification) if the specified conditions in section 103 (post contractual remedies: set aside conditions) are also met. It also allows the court to award damages to the claimant at the post contractual stage.
	Subsection (3) states that even where a set aside condition is met under section 103, the court does not need to set aside the public contract (or contract modification) if it determines there is an overriding public interest in allowing the contract to continue (including defence and security interests).
	If there is an overriding public interest preventing the public contract (or contract modification) from being set aside (notwithstanding the criteria for set aside under the Act having been satisfied), subsection (4) permits the court to reduce the duration or the scope of the contract (including as modified) instead of rendering it entirely ineffective.
	In determining what constitutes an overriding public interest, subsection (5) only allows the court to take into account financial consequences of setting the contract aside in exceptional circumstances. The court must disregard the financial costs directly associated with i) re-procurement and any differences in price between the contract in question and any replacement, ii) the cost of delays in performance or iii) any legal obligations relating to setting aside the contract (such as sunk costs and compensation to the supplier who holds the contract).
	Subsection (6) clarifies that a court order to set aside a public contract or contract modification means that the contract is void from the date of the order; no delay is permitted.
	Subsection (7) establishes that a court order to set aside a framework contract does not render void any contracts which have been called off under that framework (although separate claims may be filed in relation to those contracts).
	Subsection (8) allows the court to make further orders as may be necessary in setting aside the contract, such as determining payments due to the current supplier and making orders relating to goods already procured under the contract (for example, that they must return to the supplier).