Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_114
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 114
Character Range: 615677–617153

114  At the end of section 170CEA
Add:

 (4) If a respondent has moved for the dismissal of an application made, or purported to have been made, under subsection 170CE(1):
 (a) on the ground referred to in paragraph 170CE(1)(a); or
 (b) on grounds that include that ground;
subsection (5) applies to the application.

 (5) If the Commission is satisfied that an application to which this subsection applies cannot be made under subsection 170CE(1) on the ground referred to in paragraph 170CE(1)(a):
 (a) because the employee is excluded from the operation of Subdivision B by section 170CBA; or
 (b) because of the operation of subsection 170CE(5A) (which relates to qualifying periods); or
 (c) because of the operation of subsection 170CE(5E) (which relates to employers of 100 employees or fewer);
the Commission must:
 (d) if paragraph (4)(a) applies—make an order dismissing the application; or
 (e) if paragraph (4)(b) applies—make an order dismissing the application to the extent that it is made on the ground referred to in paragraph 170CE(1)(a).

 (5A) If:
 (a) a respondent has moved for the dismissal of an application to which subsection (5) applies; and
 (b) the Commission is not satisfied as mentioned in paragraph (5)(a), (b) or (c) in relation to the application;
the Commission must make an order refusing the motion for dismissal.

 (6) The Commission is not required to hold a hearing in relation to the making of an order under subsection (5) or (5A).