Document ID: chunk:federal_register_of_legislation:C2022A00096:clause:1_53w:p1
Version: federal_register_of_legislation:C2022A00096
Segment Type: clause
Provision Reference: sch 1 cl 53W (pt 1/2)
Character Range: 26008–28794

53W  Mediation and arbitration
 (1) A gas market code may provide for the mediation of disputes between gas market participants relating to gas market conduct, including providing for any of the following matters:
 (a) a process for appointing a mediator;
 (b) the powers or functions of a mediator;
 (c) a process for commencing mediation;
 (d) the mediation process, including rules about any of the following matters:
 (i) a party giving information to another party or to a mediator (including on request);
 (ii) a mediator providing a party with an opportunity to be heard;
 (iii) terminating a mediation;
 (e) the extent (if any) to which mediation is compulsory;
 (f) the consequences of not participating in mediation;
 (g) reporting;
 (h) generating and keeping records;
 (i) confidentiality;
 (j) the costs of mediation, including providing for:
 (i) determining the costs; or
 (ii) who is liable to pay the costs.
 (2) A gas market code may provide for the arbitration (including compulsory arbitration) of disputes between gas market participants relating to gas market conduct, including providing for any of the following matters:
 (a) establishing or maintaining a register of arbiters;
 (b) a process for appointing an arbiter;
 (c) the powers or functions of an arbiter;
 (d) a process for commencing arbitration, including rules requiring a party to a dispute to take reasonable steps (such as mediation) to resolve a dispute before proceeding to arbitration;
 (e) the arbitration process, including rules about any of the following matters:
 (i) a party to a dispute giving information to another party or to an arbiter (including on request);
 (ii) an arbiter providing a party with an opportunity to be heard;
 (iii) terminating an arbitration;
 (f) the extent (if any) to which arbitration is compulsory;
 (g) the consequences of not participating in arbitration;
 (h) decision‑making by an arbiter, including processes an arbiter uses in decision‑making;
 (i) a power of an arbiter to decide that a party to a dispute must supply a gas commodity;
 (j) a power of an arbiter to decide any of the following matters if an arbiter decides that a party to a dispute must supply a gas commodity:
 (i) how much of the gas commodity is to be supplied;
 (ii) where the gas commodity is to be supplied;
 (iii) when the gas commodity is to be supplied;
 (iv) the terms (including terms relating to price) on which the gas commodity is to be supplied;
 (k) rules about how a decision of an arbiter binds a party to an arbitration;
 (l) the consequences of not complying with a decision of an arbiter;
 (m) reporting;
 (n) generating and keeping records;
 (o) confidentiality;
 (p) the costs of arbitration, including providing for:
 (i) determining the costs; or
 (ii) who is