sec.148Effect of representative complaint on persons who are members of class represented

### sec.148 Effect of representative complaint on persons who are members of class represented A person who is a member of a class of persons to which a representative complaint relates— may, by written notice given to the commissioner at any time before the complaint is finally dealt with by the commissioner, opt out of the representative complaint; and is not entitled to make a separate complaint in relation to the conduct constituting the alleged contravention of the Act to which the representative complaint relates, unless the person opts out under paragraph (a) . Subsection (1) (b) does not apply or stops applying to a class member for a representative complaint, other than the complainant, if— the commissioner amends the representative complaint under section 151 ; or the representative complaint lapses under section 142 or 167 (4) (c) or division 5 . Also, subsection (1) (b) does not apply to a class member for a representative complaint, other than the complainant, if— the representative complaint is referred to the tribunal; and any of the following happens— the complaint lapses under section 193 ; the tribunal decides not to deal with the complaint as a representative complaint under section 194 ; the class member opts out of the representative complaint under section 195 ; the tribunal orders that the representative complaint no longer continue as a representative complaint under section 198 or 199 . s 148 sub 2024 No. 47 s 31 (sec.148-ssec.1) A person who is a member of a class of persons to which a representative complaint relates— may, by written notice given to the commissioner at any time before the complaint is finally dealt with by the commissioner, opt out of the representative complaint; and is not entitled to make a separate complaint in relation to the conduct constituting the alleged contravention of the Act to which the representative complaint relates, unless the person opts out under paragraph (a) . (sec.148-ssec.2) Subsection (1) (b) does not apply or stops applying to a class member for a representative complaint, other than the complainant, if— the commissioner amends the representative complaint under section 151 ; or the representative complaint lapses under section 142 or 167 (4) (c) or division 5 . (sec.148-ssec.3) Also, subsection (1) (b) does not apply to a class member for a representative complaint, other than the complainant, if— the representative complaint is referred to the tribunal; and any of the following happens— the complaint lapses under section 193 ; the tribunal decides not to deal with the complaint as a representative complaint under section 194 ; the class member opts out of the representative complaint under section 195 ; the tribunal orders that the representative complaint no longer continue as a representative complaint under section 198 or 199 . - (a) may, by written notice given to the commissioner at any time before the complaint is finally dealt with by the commissioner, opt out of the representative complaint; and - (b) is not entitled to make a separate complaint in relation to the conduct constituting the alleged contravention of the Act to which the representative complaint relates, unless the person opts out under paragraph (a) . - (a) the commissioner amends the representative complaint under section 151 ; or - (b) the representative complaint lapses under section 142 or 167 (4) (c) or division 5 . - (a) the representative complaint is referred to the tribunal; and - (b) any of the following happens— (i) the complaint lapses under section 193 ; (ii) the tribunal decides not to deal with the complaint as a representative complaint under section 194 ; (iii) the class member opts out of the representative complaint under section 195 ; (iv) the tribunal orders that the representative complaint no longer continue as a representative complaint under section 198 or 199 . - (i) the complaint lapses under section 193 ; - (ii) the tribunal decides not to deal with the complaint as a representative complaint under section 194 ; - (iii) the class member opts out of the representative complaint under section 195 ; - (iv) the tribunal orders that the representative complaint no longer continue as a representative complaint under section 198 or 199 . - (i) the complaint lapses under section 193 ; - (ii) the tribunal decides not to deal with the complaint as a representative complaint under section 194 ; - (iii) the class member opts out of the representative complaint under section 195 ; - (iv) the tribunal orders that the representative complaint no longer continue as a representative complaint under section 198 or 199 .