12Decisions on jurisdictional questions

#### 12 Decisions on jurisdictional questions 12 Decisions on jurisdictional questions > > (1) The Minister may make a determination as to whether a particular place is or is not a place to which this Act applies. The determination may be of general application or be limited as to time or circumstances. > > > (2) The Minister’s determination is conclusive for the purposes of deciding a jurisdictional question (including a jurisdictional question arising in court proceedings). > > > (3) A jurisdictional question is a question as to whether functions of a government official under this Act or of an inspector under the WHS Act were or can be validly exercised or a question as to whether proceedings for an offence under this Act or the WHS Act were or can be validly instituted. > > > (4) A determination under this section applies in respect of functions exercised or purportedly exercised before or after the determination was made but not so as to affect court proceedings commenced before the determination was made. > > > (5) A determination under this section does not operate to result in a person committing an offence that the person would not have committed had the determination not been made. > > > (6) A certificate of the Minister certifying as to a determination made by the Minister under this section is evidence of the Minister’s determination and the date of the determination. > > > (7) The Minister is to notify the Minister administering the WHS Act of any determination made by the Minister under this section (but a failure to notify the other Minister does not affect the validity of the determination). > > > (8) As soon as practicable after making a determination, the Minister is to take reasonable steps to ensure that a copy of the determination— > > > > > (a) is served on each person conducting a business or undertaking at the place to which the determination relates, or > > > > > (b) is posted in a prominent position at the place, or > > > > > (c) is published in the Gazette.