(1) A Court or VCAT may make an extended litigation restraint order against a person if the Court or VCAT is satisfied that the person has frequently commenced or conducted vexatious proceedings—
(a) against a person or other entity; or
(b) in relation to a matter.
The Magistrates' Court may also make an extended litigation restraint order that relates to intervention order legislation under section 19.
(2) In determining whether it is satisfied of the matters specified in subsection (1), a Court or VCAT may take into account any matter it considers relevant, including but not limited to any of the following—
(a) a proceeding commenced or conducted by the person, or an entity controlled by the person, in any Australian court or tribunal;
(b) the existence of an order made by an Australian court or tribunal against the person, or an entity controlled by the person, including—
(i) a litigation restraint order; or
(ii) an acting in concert order; or
(iii) a vexatious proceeding order;
(c) any other matter relating to the way in which the person conducts or has conducted litigation.
(3) A Court or VCAT may take into account a matter referred to in subsection (2) that relates to a proceeding commenced or conducted before, on or after the commencement of this section.
(4) A Court or VCAT may make an extended litigation restraint order—
(a) on its own motion; or
(b) on an application under section 16.