Document ID: chunk:federal_register_of_legislation:C2024C00856:section:6:p2
Version: federal_register_of_legislation:C2024C00856
Segment Type: section
Provision Reference: s 6 (pt 2/2)
Character Range: 19866–20752

regard to the merits of the particular case;
 (g) an exercise of a power that is so unreasonable that no reasonable person could have so exercised the power;
 (h) an exercise of a power in such a way that the result of the exercise of the power is uncertain; and
 (j) any other exercise of a power in a way that constitutes abuse of the power.
 (3) The ground specified in paragraph (1)(h) shall not be taken to be made out unless:
 (a) the person who proposes to make the decision is required by law to reach that decision only if a particular matter is established, and there is no evidence or other material (including facts of which he or she is entitled to take notice) from which he or she can reasonably be satisfied that the matter is established; or
 (b) the person proposes to make the decision on the basis of the existence of a particular fact, and that fact does not exist.