Administrative Appeals Tribunal Act 1975 (Repealed)
PART IV
-
REVIEWS BY THE TRIBUNAL OF DECISIONS
Division 5
-
Procedural powers of Tribunal
SECTION 42B
POWER OF TRIBUNAL IF A PROCEEDING IS FRIVOLOUS, VEXATIOUS ETC.
42B(1)
The Tribunal may dismiss an application for the review of a decision, at any stage of the proceeding, if the Tribunal is satisfied that the application:
(a) is frivolous, vexatious, misconceived or lacking in substance; or
(b) has no reasonable prospect of success; or
(c) is otherwise an abuse of the process of the Tribunal.
42B(2)
If the Tribunal dismisses an application under subsection (1), it may, on application by a party to the proceeding, give a written direction that the person who made the application must not, without leave of the Tribunal, make a subsequent application to the Tribunal of a kind or kinds specified in the direction.
42B(3)
The direction has effect despite any other provision of this Act or any other Act.
View history note
Hide history noteThe Tribunal may dismiss an application for the review of a decision, at any stage of the proceeding, if the Tribunal is satisfied that the application:
(a) is frivolous, vexatious, misconceived or lacking in substance; or
(b) has no reasonable prospect of success; or
(c) is otherwise an abuse of the process of the Tribunal.
42B(2)
If the Tribunal dismisses an application under subsection (1), it may, on application by a party to the proceeding, give a written direction that the person who made the application must not, without leave of the Tribunal, make a subsequent application to the Tribunal of a kind or kinds specified in the direction.
42B(3)
The direction has effect despite any other provision of this Act or any other Act.
This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.