Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010 (103 of 2010)

Schedule 6   Amendment of other Acts to change references to the Trade Practices Act 1974

Part 2   Other amendments

Federal Court of Australia Act 1976

161   Section 33ZH

Repeal the section, substitute:

33ZH Special provision relating to claims under Part VI of the Competition and Consumer Act 2010 etc.

(1) For the purposes of the following provisions, a group member in a representative proceeding is to be taken to be a party to the proceeding:

(a) subsection 87(1) of the Competition and Consumer Act 2010;

(b) subsection 238(1) of Schedule 2 to that Act, as that subsection applies as a law of the Commonwealth.

(2) An application by a representative party in a representative proceeding under:

(a) subsection 87(1A) of the Competition and Consumer Act 2010; or

(b) subsection 237(1) of Schedule 2 to that Act, as that subsection applies as a law of the Commonwealth;

is to be taken to be an application by the representative party and all the group members.