Queensland Numbered Acts

JUSTICE AND OTHER LEGISLATION AMENDMENT ACT 2010 No. 42 - SECT 64

After section 97--

insert--

'(1) This section applies if the commissioner considers an application under division 1 is frivolous or vexatious.

'(2) The commissioner may give the applicant a notice stating that the application may be dismissed unless the applicant makes oral or written representations to the commissioner, within a stated period of at least 14 days, to show that the application is not frivolous or vexatious.

'(3) The commissioner must consider all representations (the accepted representations) made under subsection (2).

'(4) The commissioner may dismiss the application if--

(a) at the end of the stated period, there are no accepted representations about the application; or

(b) after considering the accepted representations about the application, the commissioner still considers the application is frivolous or vexatious.

'(5) If the commissioner decides to dismiss the application, the commissioner must give to the applicant--

(a) a notice stating--

(i) that the application is dismissed; and

(ii) the reasons for the decision; and

(b) an appeal notice for the decision.'.