Document ID: chunk:federal_register_of_legislation:F2017L00387:clause:1_12
Version: federal_register_of_legislation:F2017L00387
Segment Type: clause
Provision Reference: sch 1 cl 12
Character Range: 12461–14153

12  Arbitration of disputed terms of intended supply contract
 (1) A party negotiating a supply contract may, by written notice to the other party, refer a dispute about any proposed term of the intended agreement to be determined by an independent arbitrator appointed by the parties.
 (2) Subject to subclauses (3) to (5), if the grower or mill owner refers a dispute about a proposed term of the intended supply contract to arbitration, clauses 14 to 19 of this code (other than subclause 14(1)) apply to the arbitration as if the intended supply contract were an intended on‑supply agreement.
 (3) Subclause (4) applies if a GEI sugar marketing term is a proposed term of the intended supply contract and the grower proposes to nominate an entity to be the GEI sugar marketing entity.
 (4) A term of the intended supply contract must not have the effect of unreasonably treating the grower less favourably than the grower would be likely to be treated if a mill‑related entity were to be the GEI sugar marketing entity.
 (5) Without limiting subclause (4), a term of the intended supply contract would have the effect of unreasonably treating the grower less favourably for the purposes of that subclause if the effect were that the grower would unreasonably pay more for a service provided by the mill owner under the intended supply contract than the grower would pay for the service if a mill‑related entity were the GEI sugar marketing entity.
 (6) Any dispute that may be referred to arbitration under this Division is not to be referred to arbitration under any other law of the Commonwealth, a State or a Territory.

Part 4—Arbitration of terms of intended on‑supply agreements