12Limitation on commencing proceedings

12 Limitation on commencing proceedings

(1)  [Section 12 Subsection (1) amended by No. 40 of 2004, s. 12, Applied:01 Jan 2005] If the Ombudsman has commenced an investigation on receipt of a complaint, the energy entity is not entitled to commence proceedings in any court in respect of a matter raised by, or likely to be raised by, the complaint or the investigation.

(2)  [Section 12 Subsection (2) amended by No. 40 of 2004, s. 12, Applied:01 Jan 2005] A court must dismiss proceedings commenced in contravention of subsection (1) and award costs in the matter against the energy entity.