Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 53W

  (1)   A gas market code may provide for the mediation of disputes between gas market participants relating to gas market conduct, including providing for any of the following matters:

  (a)   a process for appointing a mediator;

  (b)   the powers or functions of a mediator;

  (c)   a process for commencing mediation;

  (d)   the mediation process, including rules about any of the following matters:

  (i)   a party giving information to another party or to a mediator (including on request);

  (ii)   a mediator providing a party with an opportunity to be heard;

  (iii)   terminating a mediation;

  (e)   the extent (if any) to which mediation is compulsory;

  (f)   the consequences of not participating in mediation;

  (g)   reporting;

  (h)   generating and keeping records;

  (i)   confidentiality;

  (j)   the costs of mediation, including providing for:

  (i)   determining the costs; or

  (ii)   who is liable to pay the costs.

  (2)   A gas market code may provide for the arbitration (including compulsory arbitration) of disputes between gas market participants relating to gas market conduct, including providing for any of the following matters:

  (a)   establishing or maintaining a register of arbiters;

  (b)   a process for appointing an arbiter;

  (c)   the powers or functions of an arbiter;

  (d)   a process for commencing arbitration, including rules requiring a party to a dispute to take reasonable steps (such as mediation) to resolve a dispute before proceeding to arbitration;

  (e)   the arbitration process, including rules about any of the following matters:

  (i)   a party to a dispute giving information to another party or to an arbiter (including on request);

  (ii)   an arbiter providing a party with an opportunity to be heard;

  (iii)   terminating an arbitration;

  (f)   the extent (if any) to which arbitration is compulsory;

  (g)   the consequences of not participating in arbitration;

  (h)   decision - making by an arbiter, including processes an arbiter uses in decision - making;

  (i)   a power of an arbiter to decide that a party to a dispute must supply a gas commodity;

  (j)   a power of an arbiter to decide any of the following matters if an arbiter decides that a party to a dispute must supply a gas commodity:

  (i)   how much of the gas commodity is to be supplied;

  (ii)   where the gas commodity is to be supplied;

  (iii)   when the gas commodity is to be supplied;

  (iv)   the terms (including terms relating to price) on which the gas commodity is to be supplied;

  (k)   rules about how a decision of an arbiter binds a party to an arbitration;

  (l)   the consequences of not complying with a decision of an arbiter;

  (m)   reporting;

  (n)   generating and keeping records;

  (o)   confidentiality;

  (p)   the costs of arbitration, including providing for:

  (i)   determining the costs; or

  (ii)   who is liable to pay the costs.

  (3)   The powers or functions conferred on an arbiter by a gas market code must not involve the exercise of judicial power.