Victorian Numbered Acts Victorian Numbered Acts(1) This section applies if, on the application of the Director, a court makes an order (a non-party order ) under section 239(1) of the Australian Consumer Law (Victoria) for an amount or amounts to be paid into the Fund to provide for the payment of money to non-party consumers.
(2) The order must—
(a) require notice to be given to non-party consumers to the extent that is practicable and in the manner specified in the order;
(b) specify the manner in which a non-party consumer may make a claim for payment from the Fund;
(c) specify the criteria that must be satisfied before a payment is made from the Fund to a non-party consumer;
(d) specify the day by which a non-party consumer may make a claim for payment from the Fund;
(e) specify the final day (being a day not more than 3 years from the day money is paid into the Fund under the order) on which a payment from the Fund may be made to a non-party consumer;
(f) specify the treatment of any money remaining on the final payment day from amounts paid into the Fund pursuant to the order, and the interest earned on those amounts, which may include—
(i) the return of some or all of the remaining money to the person against whom the order is made;
(ii) making some or all of the remaining money available for the purposes of sections 136 and 137;
(iii) any other treatment that the court considers appropriate.
(3) The court may specify in the order that any amount paid into the Fund pursuant to the order may be applied to the costs of disbursing payments to non-party consumers made pursuant to the order.
(4) The Director is responsible for the distribution of money from the Fund to non-party consumers pursuant to a non-party order.
(5) The distribution of money from the Fund to non-party consumers must be made in accordance with the non-party order and may only be made from the amount or amounts paid into the Fund pursuant to the order.