Document ID: chunk:federal_register_of_legislation:C2004A04689:section:1992:p4
Version: federal_register_of_legislation:C2004A04689
Segment Type: section
Provision Reference: s 1992 (pt 4/18)
Character Range: 8512–11453

relation to a representative complaint, means any of the persons on whose behalf the complaint was lodged, but does not include a person who has withdrawn under section 38B;".

Acts and practices of agencies etc.

8. Section 7 of the Principal Act is amended by omitting paragraph (2)(b) and substituting the following paragraph:

     "(b) the Defence Intelligence Organisation or the Defence Signals Directorate of the Department of Defence; or".

Limits on disclosure by credit providers of personal information contained in reports relating to credit worthiness etc.

9. Section 18N of the Principal Act is amended by omitting paragraph (1)(bd) and substituting the following paragraphs:

     "(bd) the report or information is disclosed:

          (i) to a Minister, Department or authority, of a State or Territory whose functions or responsibilities include giving assistance (directly or indirectly) that facilitates the giving of mortgage credit to individuals; and

          (ii) for the purpose of enabling the Minister, Department or authority to determine the extent of assistance (if any) it will give in relation to the giving of mortgage credit to the individual concerned; or

     (bda) the report or information is disclosed:

          (i) to a Minister, Department or authority, of a State or Territory whose functions or responsibilities include the management or supervision of schemes or arrangements under which assistance is given (directly or indirectly) that facilitates the giving of mortgage credit to individuals; and

          (ii) for the purpose of enabling the Minister, Department or authority to manage or supervise any such scheme or arrangement; or".

Complaints

10. Section 36 of the Principal Act is amended by inserting after subsection (2) the following subsection:

"(2A) In the case of a representative complaint, this section has effect subject to section 38.".

11. Sections 38 and 39 of the Principal Act are repealed and the following sections are substituted:

Conditions for making a representative complaint

"38.(1) A representative complaint may be lodged under section 36 only if:

  (a) the class members have complaints against the same person; and

     (b) all the complaints are in respect of, or arise out of, the same, similar or related circumstances; and

     (c) all the complaints give rise to a substantial common issue of law or fact.

  "(2) A representative complaint under section 36 must:

  (a) describe or otherwise identify the class members; and

     (b) specify the nature of the complaints made on behalf of the class members; and

  (c) specify the nature of the relief sought; and

     (d) specify the questions of law or fact that are common to the complaints of the class members.

In describing or otherwise identifying the class members, it is not necessary to name them or specify how many there are.

"(3) A representative complaint may be lodged