Commonwealth Consolidated Acts

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DEFENCE ACT 1903 - SECT 110VC

Power to dismiss review applications

  (1)   Despite section   110VB, the Chair may, in writing, dismiss an application for review of a reviewable decision if the Chair considers that:

  (a)   there is another process for review, by the Commonwealth, of the decision, and it would be preferable for the decision to first be reviewed by that process; or

  (b)   the question whether the person, or group of persons, concerned should be recommended for the defence honour, defence award or foreign award concerned has already been adequately reviewed (whether by the Tribunal or otherwise); or

  (c)   the application is frivolous or vexatious.

  (2)   The Chair's power under subsection   ( 1) to dismiss an application for review of a reviewable decision may be exercised at any time, whether before or after the Tribunal has started to review the decision.

  (3)   A dismissal under subsection   ( 1) is not a legislative instrument.


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