Document ID: chunk:federal_register_of_legislation:F2024L01651:reg:46
Version: federal_register_of_legislation:F2024L01651
Segment Type: reg
Provision Reference: reg 46
Character Range: 60790–62077

46  Each large grocery business must appoint a Code Mediator
 (1) Each large grocery business must:
 (a) appoint a person with appropriate qualifications, knowledge and experience to fulfil the Code Mediator's functions, to be the Code Mediator in relation to this Code; and
 (b) do so by written agreement with the person; and
 (c) take all reasonable steps to ensure that there is such a Code Mediator at all times.
Note: The agreement will contain conditions (see subsection 48(4)).
Civil penalty: 600 penalty units.
 (2) Subject to subsection (3), the large grocery business must:
 (a) not engage the person in any other capacity; and
 (b) ensure that no related body corporate of the large grocery business engages the person in any other capacity;
while the person is the Code Mediator.
Note: For when a body corporate is related to another body corporate, see section 4A of the Act.
Civil penalty: 600 penalty units.
 (3) The person may be engaged in another capacity during a financial year if:
 (a) the large grocery business' market share:
 (i) is less than 15% in that financial year; or
 (ii) was less than 15% in either of the previous 2 financial years; or
 (b) the other capacity is as an ADR practitioner appointed under Subdivision C to mediate or arbitrate a dispute.