ACAT's power to award costs is confined to the specific orders in the specific circumstances set out in s 48(2) of the ACAT Act; s 48(1) does not confer a broad discretionary costs power. ACAT may dismiss applications under s 56(d) even where s 32 could apply, and the costs consequences of s 48(2)(d) only attach to applications actually dismissed under s 32. Applications that become futile are not necessarily frivolous or vexatious. Challenges to the exercise of discretionary costs powers are unlikely to raise questions of law for the purposes of s 86 appeals.
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