9Effect on representative proceedings

9 Effect on representative proceedings

(1) If: (a) a person lodges an effective acceptance; and (b) immediately before lodging the acceptance, the person was a group member in relation to a relevant representative proceeding; then, at the time the acceptance is lodged and by force of this section, the person ceases to be a group member in relation to the relevant representative proceeding. (2) Subsection (1) has effect despite the provisions of Part IVA of the Federal Court of Australia Act 1976. In particular, a group member does not need to opt out of the proceeding in accordance with section 33J of that Act in order to cease to be a group member. (3) For the purposes of section 33F of the Federal Court of Australia Act 1976, the lodging of an effective acceptance by a person or the doing of any other act under this Act or the rules does not constitute the taking of a step in a representative proceeding or conducting part of the proceeding. (4) Any of the following is a relevant representative proceeding: (a) the representative proceeding commenced by originating application in the Federal Court on 20 December 2013 as proceeding number VID 1367 of 2013; (b) any other representative proceeding in the Federal Court: (i) in which damages or compensation are claimed in connection with the use of a BSWAT assessment to work out a minimum wage payable to a person; or (ii) in relation to which a person may be a group member on the same, or substantially the same, basis as the conditions in section 6; (c) any appeal, application for leave to appeal or application for special leave to appeal from any judgment in a proceeding referred to in paragraph (a) or (b); (d) any appeal from any judgment in an appeal referred to in paragraph (c).