163ADeclarations and orders

163A Declarations and orders

Declarations and orders

(1) Subject to this section, a person may, in relation to a matter arising under this Act, a gas market instrument or the consumer data rules, institute a proceeding in a court having jurisdiction to hear and determine proceedings under this section seeking the making of:

(a) a declaration in relation to the operation or effect of any provision of this Act, a gas market instrument or the consumer data rules other than the following provisions:

(i) Part V;

(ii) Part XIB;

(iii) Part XIC; or

(aaa) a declaration in relation to the operation or effect of any provision of the Australian Consumer Law other than Division 1 of Part 3‑2 or Part 5‑4; or

(aa) 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; 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.

(1A) Subsection (1) does not apply in relation to a matter arising under Part IIIAA.

When Minister may institute, or intervene in, proceedings

(2) Subject to subsection (2A), the Minister may institute a proceeding under this section and may intervene in any proceeding instituted under this section or in a proceeding instituted otherwise than under this section in which a party is seeking the making of a declaration of a kind mentioned in paragraph (1)(a) or (aa) or an order of a kind mentioned in paragraph (1)(b).

(2A) Subsections (1) and (2) do not permit the Minister:

(a) to institute a proceeding seeking a declaration, or an order described in paragraph (1)(b), that relates to Part IV; or

(b) to intervene in a proceeding so far as it relates to a matter that arises under Part IV.

When Commission may institute proceedings

(3) The Commission may institute a proceeding in the Court seeking, in relation to a matter arising under this Act, a gas market instrument or the consumer data rules, the making of a declaration of the kind that may be made under paragraph (1)(a).

Jurisdiction of Federal Court

(3A) Subject to subsections (4B) and (4C), in so far as this section has effect as a law of the Commonwealth, the Federal Court has jurisdiction to hear and determine proceedings under this section.

(4) The jurisdiction 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