Document ID: chunk:federal_register_of_legislation:C2025C00189:section:163a:p2
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 163A (pt 2/3)
Character Range: 2231087–2233642

of the Federal Court under subsection (3A) to make:
 (a) 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 Act, a gas market instrument or the consumer data rules by the Tribunal; or
 (b) an order of a kind mentioned in paragraph (1)(b) directed to the Tribunal;
shall be exercised by not less than 3 Judges.

Jurisdiction of State/Territory Supreme Courts etc.
 (4A) In so far as this section has effect as a law of the Commonwealth, the Supreme Court of a State or Territory does not have jurisdiction to hear and determine proceedings under this section otherwise than in accordance with subsection (4B) or (4C). This subsection has effect despite any other law, including section 39 of the Judiciary Act 1903.
 (4B) If a decision to prosecute a person for an offence against section 45AF or 45AG or subsection 56BN(1) or 56BZI(1) has been made and the prosecution is proposed to be commenced in the Supreme Court of a State or Territory:
 (a) the Federal Court does not have jurisdiction with respect to any matter in which a person seeks the making of a paragraph (1)(aa) declaration, or a paragraph (1)(b) order, in relation to that decision; and
 (b) if the Supreme Court is the Supreme Court of a State—in so far as this section has effect as a law of the Commonwealth, the Supreme Court is invested with federal jurisdiction with respect to any such matter; and
 (c) if the Supreme Court is the Supreme Court of a Territory, then:
 (i) in so far as this section has effect as a law of the Commonwealth; and
 (ii) subject to the Constitution;
  the Supreme Court is conferred with jurisdiction with respect to any such matter.
 (4C) Subject to subsection (4D), at any time when:
 (a) a prosecution for an offence against section 45AF or 45AG or subsection 56BN(1) or 56BZI(1) is before the Supreme Court of a State or Territory; or
 (b) an appeal arising out of such a prosecution is before the Supreme Court of a State or Territory;
the following apply:
 (c) the Federal Court does not have jurisdiction with respect to any matter in which the person who is or was the defendant in the prosecution seeks the making of a paragraph (1)(aa) declaration, or a paragraph (1)(b) order, in relation to a related criminal justice process decision;
 (d) if the Supreme Court is the Supreme Court of a State—in so far as this section has effect as a law of the Commonwealth, the Supreme Court is invested with federal jurisdiction with respect to any such matter;
 (e) if the