Document ID: chunk:federal_register_of_legislation:C2004A01041:clause:1b_326
Version: federal_register_of_legislation:C2004A01041
Segment Type: clause
Provision Reference: sch 1B cl 326
Character Range: 405572–407254

326  Applications under sections 163, 164, 164A and 167

 (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:
 (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or
 (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.

 (2) In subsection (1):

other relevant proceeding means a proceeding that:
 (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and
 (b) has been heard and determined by, or is pending before, the Federal Court.

 (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.

 (4) The Minister may:
 (a) specify the amount, or determine from time to time the amounts, to be paid; or
 (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.

 (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.