AustLII Tasmanian Numbered Acts

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JUSTICE AND RELATED LEGISLATION (FURTHER MISCELLANEOUS AMENDMENTS) ACT 2006 (NO. 43 OF 2006) - SECT 24

Section 11 amended (Procedure of Board)

Section 11 of the Principal Act is amended as follows:
(a) by omitting from subsection (4) "rules or practice as to" and substituting "the rules of" ;
(b) by inserting the following subsections after subsection (12) :
(13)  The Board may reject an application under this Act at any stage of a proceeding if the Board is of the opinion that –
(a) the application is frivolous or vexatious or otherwise lacking in substance; or
(b) the subject matter has already been dealt with by the Board and there has been no subsequent change to any material fact.
(14)  If the Board rejects an application, the applicant may apply for a review of that decision by a division of the Board.
(15)  A division of the Board constituted for the purposes of subsection (14) is to comprise 3 members, none of whom was involved in the decision to reject the initial application.
(16)  An application for a review must be –
(a) in writing; and
(b) lodged within 14 days after the applicant is notified of the decision to reject the initial application under subsection (13) .
(17)  A decision of the Board made pursuant to an application under subsection (14) is not reviewable under this section.



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