Document ID: chunk:federal_register_of_legislation:F2021C00201:clause:1_36a
Version: federal_register_of_legislation:F2021C00201
Segment Type: clause
Provision Reference: sch 1 cl 36A
Character Range: 53496–55585

36A  Acceptance by supplier of proposed remedy
 (1) The supplier may accept the proposed remedy by written notice given to the Code Arbiter at any time before the remedy lapses.
 (2) If:
 (a) the supplier notifies the Code Arbiter that the supplier accepts a proposed remedy that has not lapsed; and
 (b) the retailer or wholesaler has given the Code Arbiter authority to enter into an agreement on behalf of the retailer or wholesaler as required by subclause 31(6);
the Code Arbiter must enter into an agreement on behalf of the retailer or wholesaler with the supplier under which the retailer or wholesaler agrees to take the specified action that is the proposed remedy.
 (3) The retailer or wholesaler must comply with the agreement.

When a proposed remedy lapses
 (4) The proposed remedy lapses at the end of the period of 20 business days beginning on the day the supplier receives the notice under subclause 36(7). However, if within that period, the supplier:
 (a) requests the Independent Reviewer to review the Code Arbiter's process in dealing with the complaint under clause 37B; and
 (b) notifies the Code Arbiter that the supplier has done so;
the proposed remedy lapses as specified in subclause (5) or (6) of this clause (whichever is applicable).
Note: If the remedy is proposed as a result of a reconsideration of a complaint, the period is 10 business days instead of 20 business days: see subclause 36B(3).
 (5) If the Independent Reviewer decides not to conduct an independent review, the proposed remedy lapses 10 business days after the day the supplier receives notice of the decision under subclause 37C(3).
 (6) If the Independent Reviewer completes the independent review, the proposed remedy lapses 10 business days after:
 (a) the supplier receives notice of the outcome of the review under subclause 37D(7), unless paragraph (b) of this subclause applies; or
 (b) for a case where the Independent Reviewer recommends that the Code Arbiter reconsider the complaint—the supplier receives notice under subclause 36B(2) of the outcome of the reconsideration.