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AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION ACT 2001 - SECT 12HD

Jurisdiction of Court to make declarations and orders

  (1)   Subject to this section, a person may institute a proceeding in the Court seeking, in relation to a matter arising under this Division or under Part   3 in its application in relation to an investigation of a contravention of this Division, the making of:

  (a)   a declaration in relation to the operation or effect of any provision of:

  (i)   this Division other than the provisions of Subdivision E (sections   12EA to 12ED); or

  (ii)   Part   3 as so applying; or

  (b)   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 Division or Part   3 as so applying; or

  (c)   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 or an order of a kind mentioned in subsection   (1).

  (3)   In this section, proceeding includes a cross - proceeding.


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