Document ID: chunk:federal_register_of_legislation:C2004A04689:section:1992:p6
Version: federal_register_of_legislation:C2004A04689
Segment Type: section
Provision Reference: s 1992 (pt 6/18)
Character Range: 13788–16783

the Commissioner may amend the complaint so that the complaint can be dealt with as a representative complaint.

Class member for representative complaint not entitled to lodge individual complaint

"39. A person who is a class member for a representative complaint is not entitled to lodge a complaint in respect of the same subject matter.".

Determination of the Commissioner

  12. Section 52 of the Principal Act is amended:

    (a) by omitting from subparagraph (1)(b)(iii) "except where the complaint was dealt with as a representative complaint—";

  (b) by inserting after subsection (1) the following subsections:

     "(1A) The loss or damage referred to in paragraph (1)(b) includes injury to the complainant's feelings or humiliation suffered by the complainant.

     "(1B) A determination of the Commissioner under subsection (1) is not binding or conclusive between any of the parties to the determination.";

  (c) by omitting subsection (4) and substituting the following subsections:

    "(4) A determination by the Commissioner under subparagraph (1)(b)(iii) on a representative complaint:

        (a) may provide for payment of specified amounts or of amounts worked out in a manner specified by the Commissioner; and

        (b) if the Commissioner provides for payment in accordance with paragraph (a), must make provision for the payment of the money to the complainants concerned.

    "(5) If the Commissioner makes a determination under subparagraph (1)(b)(iii) on a representative complaint, the Commissioner may give such directions (if any) as he or she 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.

      "(6) In this section:

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

13. Section 53 of the Principal Act is repealed and the following section is substituted:

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

"53. A determination under section 52 on a representative complaint must describe or otherwise identify those of the class members who are to be affected by the determination.".

14. Divisions 3 and 4 of Part V of the Principal Act are repealed and the following Divisions are substituted:

"Division 3—Registration of determinations in Federal Court

Registration of determination

"54.(1) This section applies to a determination made under section 52, except where the respondent is an agency or the principal executive of an agency.

"(2) As soon as practicable after the determination is made, the Commissioner 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