Document ID: chunk:federal_register_of_legislation:F2021C00201:clause:1_51
Version: federal_register_of_legislation:F2021C00201
Segment Type: clause
Provision Reference: sch 1 cl 51
Character Range: 78430–79768

51  Transition from code compliance manager to Code Arbiter
 (1) This clause applies to a retailer or wholesaler who:
 (a) is bound by the old code immediately before the commencement of this clause; and
 (b) nominated a code compliance manager before that commencement.
 (2) Within 2 months after the commencement of this clause, the retailer or wholesaler must appoint a Code Arbiter.
 (3) Subject to subclause (4), Part 5 of the old code continues to apply in relation to the retailer or wholesaler until the Code Arbiter is appointed.
 (4) If:
 (a) a supplier has directed a complaint to a retailer's or wholesaler's code compliance manager under Division 2 of Part 5 (complaints) of the old code; and
 (b) the process of dealing with the complaint has not been completed at the time the relevant retailer or wholesaler appoints a Code Arbiter;
then, on and after the commencement of this clause, Part 5 of the new code applies in relation to the complaint as if it had been made to the Code Arbiter under clause 34 of the new code on the day on which it was actually made to the code compliance manager.
Note: The process of dealing with a complaint may be completed by the code compliance manager being satisfied under subclause 35(2) of the old code that the code compliance manager was not required to investigate the complaint.