Document ID: chunk:federal_register_of_legislation:F2024L01651:reg:48
Version: federal_register_of_legislation:F2024L01651
Segment Type: reg
Provision Reference: reg 48
Character Range: 62960–65687

48  Code Mediator's functions

Functions
 (1) The Code Mediator's functions are as follows:
 (a) the functions set out in section 49 relating to a procedure for handling complaints against the large grocery business;
 (b) to assist suppliers of the large grocery business in relation to matters covered by this Code, including by providing information about:
 (i) this Code generally; and
 (ii) the complaint and dispute resolution processes available under this Division;
 (c) to investigate complaints against the large grocery business relating to matters covered by this Code (including a grocery supply agreement);
 (d) to make recommendations from such investigations, including to propose remedies where appropriate;
 (e) to facilitate consideration of, and agreement to, such recommendations;
 (f) to assist suppliers of the large grocery business to informally resolve issues relating to matters covered by this Code (including a grocery supply agreement);
 (g) to mediate disputes between suppliers of the large grocery business and the large grocery business if:
 (i) the disputes relate to matters covered by this Code (including a grocery supply agreement); and
 (ii) the mediation is not under Subdivision C;
 (h) to keep records, and to report, about such complaints or disputes.
 (2) The large grocery business must ensure that the Code Mediator has access to:
 (a) all documentation held by the large grocery business in relation to any complaint or dispute with a supplier relating to the large grocery business' obligations under this Code; and
 (b) the large grocery business' buying team for the purposes of discussing issues relating to the large grocery business' obligations under this Code.
Civil penalty: 600 penalty units.
 (3) The large grocery business may authorise the Code Mediator to enter into an agreement on behalf of the large grocery business to resolve a complaint relating to the large grocery business' obligations under this Code (including a grocery supply agreement).

Code Mediator's performance of its functions
 (4) The large grocery business must:
 (a) ensure that the agreement appointing the Code Mediator includes a condition requiring the Code Mediator to comply with the Code Mediator's obligations under this Division; and
 (b) take reasonably appropriate action under that appointment agreement if the Code Mediator breaches such a condition; and
 (c) terminate that agreement if such a breach is serious or if such breaches are persistent.
Civil penalty: 600 penalty units.
 (5) The large grocery business must not unduly influence, or attempt to unduly influence, the Code Mediator in the performance of the Code Mediator's functions.
Civil penalty: 600 penalty units.