Commonwealth Numbered Acts

TRADE PRACTICES AMENDMENT ACT 1976 No. 88 of 1976 - SECT 15

15. After section 163 of the Principal Act the following section is inserted:-
Jurisdiction of Court to make declarations and orders.
''163A. (1) Subject to this section, a person may institute a proceeding in
the Court seeking, in relation to a matter arising under this Act, the making
of-

   (a)  a declaration in relation to the operation or effect of any provision
        of this Act other than Division 2 of Part V or in relation to the
        validity of any act or thing done, proposed to be done or purporting
        to have been done under this Act; or

   (b)  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 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.''.