12.
(1) If, during the course of an investigation under this Act, any question of law of exceptional public importance arises
| | (a) relating to the interpretation of the Constitution; or | | |
| | (b) as to whether in relation to any particular facts there has been or is likely to be an infringement of a fundamental right by a public officer, or officer of a public corporation, local authority, or other like institution, | | |
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(2) The case stated shall contain a statement of the facts on which the question of law arises and such facts shall not be liable to be questioned in proceedings before the Supreme Court under this section. |
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(3) The Attorney-General and the complainant, if any, shall be served with notice of any such case stated and shall be entitled to make submissions at the hearing of any such case. |
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(4) The Ombudsman may at such hearing, make submissions through an attorney-at-law. |
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