Document ID: chunk:federal_register_of_legislation:F2024L01651:reg:67:p1
Version: federal_register_of_legislation:F2024L01651
Segment Type: reg
Provision Reference: reg 67 (pt 1/2)
Character Range: 86963–89691

67  Initiating an ADR process
 (1) A party (the initiating party) to a grocery supply agreement may initiate an ADR process by notifying the other party (the responding party) in writing that the initiating party wishes to have a dispute relating to this Code (including the agreement) resolved by an ADR process under this Subdivision.

Mediation initiated by a supplier
 (2) If:
 (a) the initiating party is a supplier; and
 (b) the ADR process is mediation; and
 (c) an ADR practitioner is appointed under section 68 for the mediation;
each party must attend the mediation of the dispute under this Subdivision.
Civil penalty: 600 penalty units.
 (3) However, subsection (2) does not apply if:
 (a) taking part in the mediation would mean taking part in 2 ADR processes at the same time in relation to the same dispute; or
 (b) a process brought by the supplier:
 (i) under Subdivision A (about the Code Mediator) or B (about the Code Supervisor); and
 (ii) in relation to a complaint that is the same as the dispute;
  is still ongoing and a reasonable period for completing that process is still to end.

Arbitration initiated by a supplier
 (4) If the initiating party is a supplier and the ADR process is arbitration, the responding party must notify the initiating party:
 (a) in writing; and
 (b) within 10 business days of receiving the notification under subsection (1);
whether the responding party agrees to attend, and accept the outcome of, an arbitration in accordance with a written agreement between the parties that is consistent with this Subdivision.
Note: The responding party need not agree to arbitration, but must choose whether to agree to arbitration.
Civil penalty: 600 penalty units.

ADR process initiated by a large grocery business
 (5) If the initiating party is a large grocery business, the responding party must notify the initiating party:
 (a) in writing; and
 (b) within 10 business days of receiving the notification under subsection (1);
whether the responding party agrees:
 (c) to attend the ADR process under this Subdivision; and
 (d) if the ADR process is arbitration—to do so, and to accept the outcome of an arbitration, in accordance with a written agreement between the parties that is consistent with this Subdivision.
Note: The responding party need not agree to the ADR process, but must choose whether to agree to the ADR process.
Civil penalty: 600 penalty units.

Parties to attend ADR process that has commenced
 (6) If:
 (a) the responding party notifies the initiating party, under subsection (4) or (5), that it agrees to attend the ADR process of the dispute under this Subdivision; and
 (b) an ADR practitioner is appointed under section 68 for the ADR process;
each