You can only make that decision after you've had a look at the underlying situation. You can't make a decision on the very face of it.
If I were an auditor, if I were looking at it as an investigator or as a lawyer, I could not simply say I didn't think this was a problem, I'd have to look at it some before I could make that decision. The bill requires the minister to justify why they think it's frivolous, so they're going to have to do some.