{"id":"fair-trading-farming-industry-dispute-resolution-code-regulations-2013","name":"Fair Trading (Farming Industry Dispute Resolution Code) Regulations 2013","slug":"fair-trading-farming-industry-dispute-resolution-code-regulations-2013","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235465,"registerId":"sa-fair-trading-farming-industry-dispute-resolution-code-regulations-2013-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Fair Trading (Farming Industry Dispute Resolution Code) Regulations 2013","content":"South Australia\nFair Trading (Farming Industry Dispute Resolution Code) Regulations 2013\nunder the Fair Trading Act 1987\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tPrescription of code\n5\tContravention of code subject to civil penalty\n6\tFee for mediation under code\nSchedule 1—Farming Industry Dispute Resolution Code\n1\tShort title\n2\tInterpretation\n3\tApplication of code\n4\tDispute resolution\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Fair Trading (Farming Industry Dispute Resolution Code) Regulations 2013.\n2—Commencement\nThese regulations come into operation on the day on which they are made.\n3—Interpretation\nIn these regulations—\nAct means the Fair Trading Act 1987;\ncivil penalty contravention has the same meaning as in Part 7 Division 3A of the Act;\ncode means the Farming Industry Dispute Resolution Code 2013 set out in Schedule 1;\nCommissioner means the Small Business Commissioner.\n4—Prescription of code\n\t(1)\tThe code is prescribed as an industry code for the purposes of Part 3A of the Act.\n\t(2)\tThe Small Business Commissioner is responsible for the administration of the code and for the administration of Part 3A of the Act in relation to the code.\n5—Contravention of code subject to civil penalty\n\t(1)\tA contravention of section 28E of the Act constituted of a contravention of the code is to be subject to a civil penalty under Part 7 Division 3A of the Act.\n\t(2)\tThe expiation fee for an alleged civil penalty contravention involving an alleged contravention or attempted contravention of the code is—\n\t(a)\tin the case of a body corporate—$4 000; and\n\t(b)\tin the case of a natural person—$500.\n6—Fee for mediation under code\n\t(1)\tIf an authorised officer arranges for mediation of a dispute under the code with the agreement of the parties to the dispute, each of the parties must pay a fee of $195 for each day, or part of a day, on which the mediation occurs.\n\t(2)\tA fee payable by a person under subregulation (1) is recoverable as a debt due to the Crown.\n\t(3)\tThe Commissioner may waive a fee payable by a person under subregulation (1) if satisfied that it is appropriate to do so in a particular case.\nSchedule 1—Farming Industry Dispute Resolution Code\n1—Short title\nThis code may be cited as the Farming Industry Dispute Resolution Code 2013.\n2—Interpretation\nIn this code—\nalternative dispute resolution procedure does not include arbitration;\nbusiness of primary production means the business of agriculture, pasturage, horticulture, viticulture, apiculture, poultry farming, dairy farming, forestry or any other business consisting of the cultivation of soils, the gathering in of crops, the rearing of livestock or the propagation or harvesting of fish or other aquatic organisms;\nparticipant in the farming industry means a person engaged in—\n\t(a)\tthe business of primary production; or\n\t(b)\tbusiness having a connection to the business of primary production; or\n\t(c)\tbusiness involving the supply of goods or services to persons engaged in the business of primary production if the supply occurs in connection with the business of primary production.\n3—Application of code\nThis code applies to a dispute between a participant in the farming industry and—\n\t(a)\tanother participant in the farming industry; or\n\t(b)\ta person to whom goods or services are or may be supplied by the participant,\nin connection with the acquisition or supply, or the potential acquisition or supply, of goods or services relating to the business of primary production.\n4—Dispute resolution\n\t(1)\tIf the Commissioner is satisfied, on written application by a party to a dispute to which this code applies—\n\t(a)\tthat the party has made a reasonable attempt to resolve the dispute; and\n\t(b)\tthat the subject matter of the dispute is not frivolous or vexatious,\nan authorised officer may notify the parties to the dispute in writing that he or she is commencing an alternative dispute resolution procedure in relation to the dispute in accordance with this code.\n\t(2)\tIf an alternative dispute resolution procedure is commenced under this code, a party to the dispute, or another person authorised in writing to attend or participate in the procedure on his or her behalf, must attend or otherwise participate in the procedure, as required by the authorised officer.\n\t(3)\tA person participating in an alternative dispute resolution procedure—\n\t(a)\tmust act reasonably, fairly, honestly and cooperatively; and\n\t(b)\tmust not mislead, harass, intimidate or oppress another party to the dispute.\n\t(4)\tA person participating in an alternative dispute resolution procedure must comply with any reasonable request made by the authorised officer in connection with the officer's attempt to assist the parties in the resolution of the dispute, including, without limitation, a request to do 1 or more of the following:\n\t(a)\texchange information relevant to the dispute with the other party;\n\t(b)\tanswer questions in respect of matters relevant to the dispute;\n\t(c)\tattend meetings;\n\t(d)\tparticipate in mediation or another form of alternative dispute resolution.\n\t(5)\tAn authorised officer conducting an alternative dispute resolution procedure may request that a person participating in the procedure be a person who is authorised to resolve the dispute.\n\t(6)\tA request made by an authorised officer under subclause (4) or (5) must be complied with as soon as reasonably practicable, and, in any event, in the case of a written request, within 14 days of the date of the request or such longer period as is allowed by the authorised officer.\n\t(7)\tThe authorised officer conducting an alternative dispute resolution procedure may, for the purposes of attempting to resolve the dispute—\n\t(a)\trefer the dispute to mediation; or\n\t(b)\tafter consultation with the parties—appoint a person able to provide expert advice on matters relevant to the dispute to assist the officer.\n\t(8)\tThe parties to a dispute are equally liable for the costs of expert advice provided under subclause (7)(b) unless they agree to a different apportionment of the costs.\n\t(9)\tAn authorised officer may suspend (for a specified time or until further notice) or terminate a dispute resolution procedure if the dispute is the subject of—\n\t(a)\tproceedings before a court or tribunal; or\n\t(b)\tarbitration; or\n\t(c)\tanother alternative dispute resolution procedure.\n\t(10)\tAn authorised officer may terminate an alternative dispute resolution procedure if the officer forms the view that—\n\t(a)\tthere is no reasonable prospect of resolving the dispute; or\n\t(b)\tthe subject matter of the dispute is frivolous or vexatious.\n\t(11)\tFollowing the completion of an alternative dispute resolution procedure, the authorised officer who conducted the procedure must provide the parties with a certificate stating—\n\t(a)\tthe names of the parties; and\n\t(b)\tthe nature of the matters in dispute; and\n\t(c)\tif the procedure has been terminated under subclause (9) or (10)—that the procedure has been terminated without resolution; and\n\t(d)\tif the dispute has been resolved—the terms of the resolution.\n\t(12)\tUnless the authorised officer and the parties otherwise agree in writing, any communication made, or document prepared (including a certificate provided under subclause (11)), in connection with an alternative dispute resolution procedure under this code must be treated as confidential.\n\t(13)\tHowever, a certificate provided under subclause (11) may be produced before a court or tribunal.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\n2013\n269\nGazette 5.12.2013 p4451\n5.12.2013: r 2\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"These regulations prescribe and implement an industry dispute‑resolution code under Part 3A of the Fair Trading Act 1987 and assign administration to the Small Business Commissioner (Reg 4; Sch 1). They do not expand the classes of disputes beyond those set out in the Code and Part 3A; they instead set procedural rules, penalties, fees and administrative powers for handling those disputes (Sch 1 cl 3–4; Regs 5–6)."},"complexity_factors":["Prescription and administration: designates the Code as an industry code and assigns administration to the Small Business Commissioner (Reg 4).","Civil penalty exposure: contraventions tied to section 28E are subject to civil penalties and fixed expiation fees differing by entity type (corporate $4,000; natural person $500) (Reg 5).","Mandatory participation and conduct obligations: parties and authorised representatives must attend and act reasonably, fairly and cooperatively under the procedure (Sch 1 cl 4(2)–(4)).","Authorised officer discretion: officer may commence, suspend, terminate, refer to mediation, or appoint experts; discretion affects access and timing (Sch 1 cl 4(1), 4(7), 4(9)–(10)).","Cost allocation and recovery: parties equally liable for expert costs unless agreed otherwise (Sch 1 cl 4(8)); mediation fees $195 per party per day are recoverable as a debt to the Crown with a waiver power for the Commissioner (Reg 6).","Confidentiality and admissibility carve‑out: communications are confidential unless parties agree otherwise, but the completion certificate may be produced in court or tribunal (Sch 1 cl 4(12)–(13)).","Definitions and scope limits: 'participant in the farming industry' and 'business of primary production' set the covered persons and activities; 'alternative dispute resolution' expressly excludes arbitration (Sch 1 cl 2–3).","Enforcement mechanics: links procedural requirements to Part 3A civil penalty regime, creating combined regulatory and dispute‑resolution consequences (Reg 4(1); Reg 5(1))."],"plain_english_summary":"Prescribes the Farming Industry Dispute Resolution Code 2013 as an industry code under the Fair Trading Act 1987, assigns administration to the Small Business Commissioner, makes breaches subject to civil penalties with set expiation fees, and sets mediation fees recoverable to the Crown (Regs 4–6; Sch 1). It applies to farmers, agribusiness suppliers and related businesses by imposing participation and conduct obligations in commissioner‑led alternative dispute resolution, allocating expert and mediation costs, and giving authorised officers discretion to suspend or terminate procedures (Sch 1 cl 3–4; Regs 5–6)."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not successfully retrieved. No comparison between original intent and enacted provisions is possible."},"complexity_factors":["No actual legislative text was retrievable — the source returned a 404/Page Not Found error","Analysis is based solely on the title of the legislation, which provides minimal information","Cannot assess regulatory cross-references, defined terms, exemptions, or enforcement mechanisms without the text","Complexity of the underlying law is entirely unknown and cannot be scored meaningfully"],"plain_english_summary":"The Fair Trading (Farming Industry Dispute Resolution Code) Regulations 2013 appear to set out a statutory dispute-resolution code for South Australia’s farming sector—how farm-related disputes should be handled, who oversees them, and what steps parties must take. It would chiefly affect SA farmers, agricultural businesses and their contracting parties. The source document was unavailable (Page Not Found); check legislation.sa.gov.au for the text."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of establishing a dispute resolution mechanism for farming industry commercial disputes. The scope has not expanded beyond the farming sector or beyond alternative dispute resolution procedures."},"complexity_factors":["Short, focused instrument: approximately 1,500 words across regulations and schedule","Only 8 defined terms across the entire instrument (Act, civil penalty contravention, code, Commissioner, alternative dispute resolution procedure, business of primary production, participant in the farming industry)","Single clear purpose: establishing one dispute resolution code with no cross-referencing to other complex regulatory schemes beyond basic references to the Fair Trading Act 1987","Linear procedural structure: parties apply → officer assesses → procedure commences → parties participate → resolution or certificate issued","Limited conditional logic: primarily straightforward 'if-then' provisions without nested exceptions","No delegated legislation or regulation-making powers within the instrument itself"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations create a **mandatory dispute resolution scheme** for South Australia's farming industry. They establish the *Farming Industry Dispute Resolution Code 2013*, which provides a structured process for resolving commercial disagreements between farmers, their suppliers, and their customers—without immediately going to court.\n\n**Who it affects:**\n\n- **Primary producers**—farmers engaged in agriculture, horticulture, viticulture, dairy, forestry, fishing, and related activities\n- **Businesses connected to farming**—suppliers of goods and services to farmers (such as equipment dealers, seed suppliers, veterinarians)\n- **Buyers of farm products**—anyone acquiring goods or services from a farming business\n\n**How it works:**\n\n- A party to a dispute can apply to the **Small Business Commissioner** (a government officer who advocates for small businesses) to intervene\n- The Commissioner, through an **authorised officer**, can compel parties to participate in **alternative dispute resolution**—primarily mediation (a facilitated negotiation with a neutral third party, but not arbitration, which is more formal and binding)\n- Parties must:\n  - Attend when required\n  - Act honestly and cooperatively\n  - Share relevant information\n  - Comply with reasonable requests within 14 days\n- **Costs:** Each party pays **$195 per day** for mediation (waivable in hardship cases), and expert advice costs are split equally\n- **Confidentiality:** Discussions during dispute resolution generally cannot be used in later court proceedings (though completion certificates can be)\n\n**Why it matters:**\n\nFarming disputes often involve complex commercial relationships and power imbalances between small family farms and large suppliers or buyers. This code provides a **low-cost, compulsory pathway** to resolve conflicts before they escalate to expensive litigation. It also carries **teeth**—breaching the code can result in civil penalties of **$4,000 for companies** or **$500 for individuals** (payable without court proceedings through an \"expiation\" system, similar to a fine)."}},"importantCases":[],"_links":{"self":"/api/acts/fair-trading-farming-industry-dispute-resolution-code-regulations-2013","history":"/api/acts/fair-trading-farming-industry-dispute-resolution-code-regulations-2013/history","analysis":"/api/acts/fair-trading-farming-industry-dispute-resolution-code-regulations-2013/analysis","conflicts":"/api/acts/fair-trading-farming-industry-dispute-resolution-code-regulations-2013/conflicts","importantCases":"/api/acts/fair-trading-farming-industry-dispute-resolution-code-regulations-2013/important-cases","documents":"/api/acts/fair-trading-farming-industry-dispute-resolution-code-regulations-2013/documents"}}