11APowers of Federal Court of Australia

#### 11A Powers of Federal Court of Australia (1) Where a question with respect to the exercise or proposed exercise of a power, or the performance or proposed performance of a function, of the Ombudsman arose before, or arises after, the commencement of this section between the Ombudsman and the principal officer of any Department or prescribed authority that is affected by that exercise or performance, or that would be affected by the exercise or performance of the power or function proposed to be exercised or performed, as the case may be, the Ombudsman or the principal officer of the Department or of the prescribed authority may, subject to subsections (4) and (5), make an application to the Federal Court of Australia for a determination of the question. (2) Where a person fails to comply with a requirement made by the Ombudsman by notice under section 9 to furnish information, to produce documents or other records or to attend before the Ombudsman to answer questions in relation to an investigation under this Act, the Ombudsman may make an application to the Federal Court of Australia for an order directing that person to furnish the information, or to produce the documents or other records, at such place, and within such period or on such date and at such time, as are specified in the order, or to attend before the Ombudsman to answer questions at such place, and on such date and at such time, as are specified in the order, as the case may be. (3) The Federal Court of Australia has jurisdiction with respect to matters arising under this section in respect of which applications are made to the Court. (4) The Ombudsman shall not make an application to the Federal Court of Australia under this section unless he or she has informed the Minister in writing of the reasons for the proposed application. (5) The principal officer of a Department or of a prescribed authority shall not make an application to the Federal Court of Australia under subsection (1) unless he or she has informed the responsible Minister in writing of the reasons for the proposed application.