Document ID: chunk:federal_register_of_legislation:C2020C00377:section:38
Version: federal_register_of_legislation:C2020C00377
Segment Type: section
Provision Reference: s 38
Character Range: 48487–49608

38  Effective acceptance
 (1) An acceptance has effect, and is an effective acceptance, only if:
 (a) the person accepts the offer in accordance with section 35; and
 (b) the acceptance is lodged before 1 January 2019; and
 (c) at the time the acceptance is lodged:
 (i) if the offer had ceased to be current as mentioned in subsection 34(1) or (2)—the offer has become current again as mentioned in subsection 34(3); and
 (ii) there is no alternative amount for the person; and
 (iii) the person is not the representative party in a relevant representative proceeding.
Note: If the representative party in a relevant representative proceeding first withdraws as the representative party, with the leave of the Court, that person could then accept an offer.
 (2) To avoid doubt, subparagraph (1)(c)(iii) does not apply to a person who was the representative party in a relevant representative proceeding if, at the time the person lodges an acceptance:
 (a) the proceeding has been determined, settled or discontinued; and
 (b) the person is not the representative party in any other relevant representative proceeding.