(1) In this section
—
costs of a proceeding means costs of, or
incidental to, a proceeding of the Tribunal, other than costs of a party.
(2) The Tribunal may
order that all or any of the costs of a proceeding be paid by a party.
(3) If the matter that
is the subject of the proceeding comes within the Tribunal’s review
jurisdiction, the Tribunal cannot make an order under this section against a
party unless —
(a) the
party brought or conducted the proceeding frivolously or vexatiously; or
(b)
section 87(4) applies to the party; or
(c)
circumstances have arisen in which the Tribunal could make an order under
section 46, 47 or 48.