Representative Actions for the Protection of the Collective Interests of Consumers Act 2023
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Consultations with trader | ||
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21. (1) Proceedings shall not be brought in respect of a representative action seeking an injunction under section 23 (1)(b), unless and until the qualified entity has engaged in prior consultations with the trader who is the subject of the proposed representative action in order to provide the trader concerned with an opportunity to cease the infringement that would be the subject of the proposed representative action. | ||
(2) Before a qualified entity makes an application to bring a representative action before the Court seeking an injunction under section 23 (1)(b), the qualified entity shall— | ||
(a) request the trader concerned to cease the infringement specified in the request, | ||
(b) request the trader concerned to enter into consultations with the qualified entity concerning the proposed representative action, or | ||
(c) enter into consultations with the trader concerned with the aim of having the trader cease the infringement the subject of the proposed representative action. | ||
(3) Where a qualified entity and a trader have entered into consultations in accordance with subsection (2), they may mutually agree to extend the period referred to in subsection (4)(b) if it is considered that such an extension would assist in successfully resolving the infringement by the trader concerned. | ||
(4) Where, after consultation or reasonable efforts are made to enter into consultations in accordance with subsection (2), or where the trader has refused to participate in such consultations— | ||
(a) the qualified entity is of the opinion that the trader has continued to act in a manner that constitutes an infringement, and | ||
(b) a period of 2 weeks has elapsed since the request under subsection (2)(b) was received by such trader, | ||
the qualified entity may, for the purposes of protecting the collective interests of consumers, make an application to bring a representative action before the Court seeking an injunction under section 23. |