10Order may be reinstated

10 Order may be reinstated

10 Order may be reinstated

(1) An authorised court may, by order, reinstate a vexatious proceedings order prohibiting a person from instituting proceedings if—

(a) the court made the vexatious proceedings order, and

(b) the court is satisfied that, within 5 years of the vexatious proceedings order being set aside, the person has—

(i) instituted or conducted vexatious proceedings in an Australian court or tribunal, or

(ii) acted in concert with another person who has instituted or conducted vexatious proceedings in an Australian court or tribunal.

(2) An authorised court that reinstates a vexatious proceedings order may make any other order that the court considers appropriate in relation to the person, including, for example, an order varying the vexatious proceedings order.

(3) An authorised court may make an order under this section of its own motion or on the application of a person referred to in section 8 (4).

(4) An application may be made by a person referred to in section 8 (4) (e) only with the leave of the authorised court.

(5) An authorised court must not reinstate a vexatious proceedings order in relation to a person without hearing the person or giving the person an opportunity of being heard.