8Order may be reinstated

8 Order may be reinstated

(1)  This section applies if –

(a) the Court sets aside a vexatious proceedings order prohibiting a person from instituting proceedings, or proceedings of a particular type, in Tasmania; and

(b) the Court is satisfied that, within 5 years of the vexatious proceedings order being set aside –

(i) the person has instituted or conducted a vexatious proceeding in an Australian court or tribunal; or

(ii) the person has acted in concert with another person whom he or she knew has instituted or conducted a vexatious proceeding in an Australian court or tribunal.

(2)  The Court may –

(a) by order, reinstate the vexatious proceedings order; and

(b) make any other order the Court considers appropriate in relation to the person including, for example, an order varying the vexatious proceedings order.

(3)  The Court may make an order under subsection (2) on its own initiative or on the application of a person mentioned in section 5(1) .

(4)  The 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.