Document ID: chunk:federal_register_of_legislation:C2025C00182:section:12hd
Version: federal_register_of_legislation:C2025C00182
Segment Type: section
Provision Reference: s 12HD
Character Range: 292037–293381

12HD  Jurisdiction of Court to make declarations and orders
 (1) Subject to this section, a person may institute a proceeding in the Court seeking, in relation to a matter arising under this Division or under Part 3 in its application in relation to an investigation of a contravention of this Division, the making of:
 (a) a declaration in relation to the operation or effect of any provision of:
 (i) this Division other than the provisions of Subdivision E (sections 12EA to 12ED); or
 (ii) Part 3 as so applying; or
 (b) a declaration in relation to the validity of any act or thing done, proposed to be done or purporting to have been done, under this Division or Part 3 as so applying; or
 (c) an order by way of, or in the nature of, prohibition, certiorari or mandamus;
or both such a declaration and such an order, and the Court has jurisdiction to hear and determine the proceeding.
 (2) The Minister may institute a proceeding in the Court under this section and may intervene in any proceeding instituted in the Court under this section or in a proceeding instituted in any other court in which a party is seeking the making of a declaration or an order of a kind mentioned in subsection (1).
 (3) In this section, proceeding includes a cross‑proceeding.

Part 3—Investigations and information‑gathering

Division 1—Investigations