Document ID: chunk:federal_register_of_legislation:C2004A01519:body:0:p4
Version: federal_register_of_legislation:C2004A01519
Segment Type: other
Provision Reference: 
Character Range: 7343–10141

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 of a kind mentioned in paragraph (1)(a) or an order of a kind mentioned in paragraph (1)(b).

"(3) The Commission is not entitled to institute a proceeding in the Court under this section but may, in its official name, intervene in a pro­ceeding instituted in the Court or in any other court, being a proceeding in which a party is seeking the making of a declaration of a kind men­tioned in paragraph (1) (a) in relation to a matter in respect of which that party gave, or could have given, a notice to the Commission under section 92, 93 or 94.

"(4) The jurisdiction of the Court 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 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.

"(5) In this section, 'proceeding' includes a cross-proceeding.".

Certificates as to furnishing of particulars of contracts, arrangements and understandings.
16. Section 166 of the Principal Act is amended—
    (a) by omitting from sub-section (1) the words "an agreement" and substituting the words "a provision of a contract, or particulars of an arrangement or understanding,";

    (b) by omitting from sub-section (1) the words "the agreement" and substituting the words "the contract or to the arrangement or understanding"; and

    (c) by omitting from sub-section (3) the words "an agreement" and substituting the words "a provision of a contract, or of an arrangement or understanding,".

17. Section 169 of the Principal Act is repealed and the following section substituted:—
Single Judge may exercise jurisdiction of Court.

"169. Except as provided by sub-section 137(4), section 143, sub-section 163(3) and sub-section 163a(4), the jurisdiction conferred on the Court by this Act may be exercised by a single Judge.".

Additional amendments.
18. The Principal Act is amended as set out in the Schedule.

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SCHEDULE  Section 18

ADDITIONAL AMENDMENTS

1. The following provisions of the Principal Act are amended by omitting the word "Attorney- General" (wherever occurring) and substituting the word "Minister": —
      Sections 11(2)(b), 12, 13(2)(b)(ii), 17(3), 28(1)(b), (2) and (3), 29(1) and (2), 77(1), 80(1)(a), 81(a) and (c), 89(4), 90(9)(b), 100(3), 149(3)(a), 163(4)(b), 166(3) and 171.

2. The following provisions of the Principal Act are amended by omitting