Commonwealth Consolidated Acts

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ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975 - SECT 42B

Power of Tribunal if a proceeding is frivolous, vexatious etc.

  (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.

  (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.

  (3)   The direction has effect despite any other provision of this Act or any other Act.


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