Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_170ceb
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 170CEB
Character Range: 617189–618958

170CEB  Applications that are frivolous, vexatious or lacking in substance

 (1) If:
 (a) an application is made, or purported to have been made, under subsection 170CE(1):
 (i) on the ground referred to in paragraph 170CE(1)(a); or
 (ii) on grounds that include that ground; and
 (b) the respondent moves for dismissal of the application on the ground that it is frivolous, vexatious or lacking in substance; and
 (c) the Commission is satisfied that the application is frivolous, vexatious or lacking in substance, in relation to the ground referred to in paragraph 170CE(1)(a);
the Commission must:
 (d) if subparagraph (a)(i) applies—make an order dismissing the application; or
 (e) if subparagraph (a)(ii) applies—make an order dismissing the application to the extent that it is made on the ground referred to in paragraph 170CE(1)(a).

 (1A) If:
 (a) an application is made, or purported to have been made, under subsection 170CE(1):
 (i) on the ground referred to in paragraph 170CE(1)(a); or
 (ii) on grounds that include that ground; and
 (b) the respondent moves for dismissal of the application on the ground that it is frivolous, vexatious or lacking in substance; and
 (c) the Commission is not satisfied that the application is frivolous, vexatious or lacking in substance, in relation to the ground referred to in paragraph 170CE(1)(a);
the Commission must:
 (d) if subparagraph (a)(i) applies—make an order refusing the motion for dismissal; or
 (e) if subparagraph (a)(ii) applies—make an order refusing the motion for dismissal, to the extent that the application is made on the ground referred to in paragraph 170CE(1)(a).

 (2) The Commission is not required to hold a hearing in relation to the making of an order under subsection (1) or (1A).