Representative Actions for the Protection of the Collective Interests of Consumers Act 2023
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Fees charged by qualified entity | ||
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29. (1) Subject to subsection (5), a qualified entity may charge a modest fee to a consumer requesting to be represented in a representative action for redress in accordance with section 24 in order for that consumer to participate in a specific representative action. | ||
(2) A qualified entity shall specify on its website the amount of the fee and the time period within which the fee charged in accordance with subsection (1) shall be paid. | ||
(3) Where a consumer fails, neglects or refuses to pay the entry fee within the time specified by the qualified entity in accordance with subsection (2), the consumer shall not be represented by the qualified entity in the representative action and shall not be entitled to benefit from the remedies ordered in that representative action. | ||
(4) The qualified entity shall inform the consumer in writing as soon as possible after the time specified in accordance with subsection (2) of the matters specified in subsection (3). | ||
(5) The maximum fee which may be charged under subsection (1) shall be prescribed by the Minister. | ||
(6) Notwithstanding the generality of subsection (5), the Minister may prescribe different fees for different classes of representative actions and different classes of consumers. | ||
(7) In prescribing the maximum fee under subsection (5), the Minister may take into account that any such fee— | ||
(a) shall not discourage a consumer from seeking to be represented in a representative action, and | ||
(b) shall be modest, | ||
having regard to the class of representative action or class of consumer concerned. |