Document ID: chunk:federal_register_of_legislation:C2004C01258:clause:1_170cea
Version: federal_register_of_legislation:C2004C01258
Segment Type: clause
Provision Reference: sch 1 cl 170CEA
Character Range: 6124–7092

170CEA  Motions for dismissal of application for want of jurisdiction

 (1) A respondent may move for the dismissal of an application under section 170CE on the ground that the application is outside the jurisdiction of the Commission at any time, including a time before the Commission has begun dealing with the application.

 (2) If:
 (a) the respondent moves for the dismissal of an application on such a ground and has not previously so moved; and
 (b) the respondent so moves before the matter is referred for conciliation by the Commission;
the Commission must deal with the motion before taking any action, or any further action, on that application, unless the respondent indicates that the matter may be dealt with at a later time.

 (3) If the respondent moves for the dismissal of an application on such a ground, having already so moved on a previous occasion, the Commission must deal with the motion but may do so at any time it considers appropriate.