Document ID: chunk:federal_register_of_legislation:C2004A04470:body:0:p21
Version: federal_register_of_legislation:C2004A04470
Segment Type: other
Provision Reference: 
Character Range: 52244–55124

a determination under subparagraph (1)(b)(iv) on a representative complaint, the Commission may give such directions (if any) as it thinks just in relation to:

     (a)     the manner in which a class member is to establish his or her entitlement to the payment of an amount under the determination; and

     (b)    the manner for determining any dispute regarding the entitlement of a class member to the payment.

  "(7) In this section:

'complainant', in relation to a representative complaint, means the class members.".

Section 82:

  Repeal the section, substitute:

Determination must identify the class members who are to be affected by the determination

"82. A determination under section 80 or 81 on a representative complaint must describe or otherwise identify those of the class members who are to be affected by the determination.
SCHEDULE—continued

Registration of determination

"82A.(1) This section applies to a determination made under section 80 or 81, except where the respondent is a Commonwealth agency or the principal executive of a Commonwealth agency.

"(2) As soon as practicable after the determination is made, the Commission must lodge the determination in a Registry of the Federal Court.

"(3) Upon lodgment of the determination, a Registrar must register the determination. In this subsection, 'Registrar' has the same meaning as in section 35A of the Federal Court of Australia Act 1976.

"(4) Within 7 days after the determination is registered, the Commission must give written notice of the registration to the complainant and respondent to the determination. The notice must specify the date of registration and must include a copy of the determination.

Registered determination has effect as an order of the Federal Court

"82B.(1) Upon registration of a determination under section 82A, the determination has effect as if it were an order made by the Federal Court, but subject to the following provisions.

"(2) In addition to binding the complainant and respondent to the determination, the determination applies as follows to each class member who is described or identified in the determination as mentioned in section 82:

  (a)     the class member is bound by the determination; and

  (b)     the class member may take action to enforce the determination.

"(3) No action for enforcement of the determination may be taken before the end of the review period.

"(4) In the case of a determination made under section 81, a failure by the respondent, during the review period, to comply with a positive requirement of the determination does not count as a contravention of the determination.

"(5) The respondent to a registered determination may apply to the Federal Court for review of the determination. The respondent's application for review must be made within 28 days after the date of registration of the determination.