{"id":"fair-trading-newsagency-industry-dispute-resolution-code-regulations-2014","name":"Fair Trading (Newsagency Industry Dispute Resolution Code) Regulations 2014","slug":"fair-trading-newsagency-industry-dispute-resolution-code-regulations-2014","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235489,"registerId":"sa-fair-trading-newsagency-industry-dispute-resolution-code-regulations-2014-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Fair Trading (Newsagency Industry Dispute Resolution Code) Regulations 2014","content":"South Australia\nFair Trading (Newsagency Industry Dispute Resolution Code) Regulations 2014\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—Newsagency 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 (Newsagency Industry Dispute Resolution Code) Regulations 2014.\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 Newsagency Industry Dispute Resolution Code 2014 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—Newsagency Industry Dispute Resolution Code\n1—Short title\nThis code may be cited as the Newsagency Industry Dispute Resolution Code 2014.\n2—Interpretation\nIn this code—\nalternative dispute resolution procedure does not include arbitration;\nnewsagency business means a business the primary purpose of which is acquiring, selling or distributing newspapers or magazines;\nparticipant in the newsagency industry means—\n\t(a)\ta person who carries on a newsagency business; or\n\t(b)\ta person who carries on a business having a connection to a newsagency business; or\n\t(c)\ta person who in the course of a business supplies goods or services to newsagency businesses.\n3—Application of code\nThis code applies to a dispute between a participant in the newsagency industry and—\n\t(a)\tanother participant in the newsagency 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 a newsagency business.\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 an alternative 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\n2014\n45\nGazette 13.2.2014 p902\n13.2.2014: r 2\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient information to assess whether the scope changed from original intent. The legislation text was not retrievable. The title suggests a focused, industry-specific dispute resolution instrument with a narrow and defined purpose, consistent with typical fair trading subordinate legislation."},"complexity_factors":["The actual legislative text was unavailable due to a broken URL — no substantive analysis of provisions was possible","Industry-specific codes can involve layered obligations across multiple parties (newsagents, distributors, publishers), which may add complexity","Dispute resolution frameworks often reference external bodies or processes, adding procedural layers","Based on title alone, complexity appears relatively low — newsagency codes are typically narrow and practical in scope"],"plain_english_summary":"This South Australian regulation — made under the Fair Trading Act — sets a formal dispute-resolution framework for the newsagency industry, affecting newsagents, their suppliers/distributors and publishers. It likely requires staged steps (complaints, timeframes and mediation) to resolve commercial disputes like delivery, contract or payment issues, aiming to avoid costly court action. Note: the regulation text was unavailable for full review."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow scope. It was designed specifically to create a dispute resolution framework for the newsagency industry under Part 3A of the Fair Trading Act 1987, and it does exactly that without expansion into adjacent industries or broader commercial disputes."},"complexity_factors":["Short, focused scope: only 6 regulations plus a 13-clause schedule","Minimal cross-referencing: only references to Fair Trading Act 1987 (Part 3A, Part 7 Division 3A, section 28E)","Straightforward conditional logic: single-level conditions (e.g., 'if satisfied... then may') without nested exceptions","Limited defined terms: only 4 defined terms in the regulations, 3 in the code","Clear structure: linear procedural flow from application → assessment → dispute resolution → termination/certificate","No delegated legislation or regulatory powers beyond fee waiver","Single industry application reduces interpretive ambiguity"],"plain_english_summary":"**What this legislation does**\n\nThese regulations create a formal dispute resolution system specifically for South Australia's newsagency industry. They establish the *Newsagency Industry Dispute Resolution Code 2014* — a set of rules that governs how conflicts between newsagents, their suppliers, and related businesses must be handled.\n\n**Who it affects**\n\n- **Newsagents** — businesses whose main purpose is selling newspapers or magazines\n- **Connected businesses** — companies linked to newsagency operations\n- **Suppliers** — anyone providing goods or services to newsagents\n- **Customers** — people buying from newsagents\n\n**How it works**\n\nWhen a dispute arises (for example, between a newsagent and a magazine distributor), either party can apply to the Small Business Commissioner. If the Commissioner agrees the dispute is genuine and the applicant has tried to resolve it first, an authorised officer steps in to run an \"alternative dispute resolution procedure\" (essentially structured negotiation or mediation, but **not** arbitration).\n\n**Key rules participants must follow**\n- Attend meetings and participate in good faith\n- Act honestly and cooperatively — no bullying or misleading behaviour\n- Share relevant information when asked\n- Respond to written requests within 14 days\n\n**Costs and penalties**\n- **Mediation fee**: $195 per day per party (waivable in hardship cases)\n- **Expiation fines** for breaking the code: $500 for individuals, $4,000 for companies (these are on-the-spot fines, avoiding court)\n- **Expert advice costs**: Split equally between parties unless they agree otherwise\n\n**Why it matters**\n\nNewsagents often face power imbalances against large publishers and distributors. This code gives them a low-cost, structured way to resolve conflicts without immediately going to court. The confidentiality rules (section 12) encourage open negotiation, while the civil penalties deter bad behaviour. It's a specialised tool for a specific industry that has historically faced commercial pressure."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The instrument prescribes and operationalises a dispute‑resolution code under the Fair Trading Act rather than expanding or narrowing the Act’s remit. It specifies affected parties, enforcement (civil penalties and expiation fees), administration by the Small Business Commissioner, mediation fees and procedural rules (regs 4–6; Schedule 1)."},"complexity_factors":["Cross-reference to the Fair Trading Act’s industry‑code and civil‑penalty machinery — enforcement depends on Part 3A and Part 7 Division 3A of the Act (regs 4(1), 5(1)).","Differential expiation fees create distinct monetary exposure for corporations and individuals ($4,000 v $500) (reg 5(2)).","Mandatory participation in ADR once an authorised officer commences the procedure; the officer has discretion to require attendance or an authorised decision‑maker (Schedule 1 cl 4(1)–(2), (5)).","Mediation fee regime: $195 per party per day, recoverable as a debt to the Crown, but waiver power vests with the Commissioner (reg 6(1)–(3)).","Confidentiality rule for ADR communications with a carved exception allowing certificates to be produced in court or tribunal (Schedule 1 cl 4(12)–(13)).","Definitions limit and shape scope — 'newsagency business' and 'participant' determine who is covered (Schedule 1 cl 2–3).","Authorised officer may appoint experts and the default cost‑sharing rule (equal liability) can affect parties’ financial exposure (Schedule 1 cl 4(7)–(8)).","Procedural discretions to suspend or terminate ADR where court/tribunal proceedings, arbitration or no reasonable prospect exist introduce contingent pathways away from ADR (Schedule 1 cl 4(9)–(10)).","Time and compliance requirements (e.g. written requests to be complied with within 14 days unless extended) impose tight procedural clocks (Schedule 1 cl 4(6))."],"plain_english_summary":"These regulations prescribe a Newsagency Industry Dispute Resolution Code and make breaches enforceable under the Fair Trading Act. It covers newsagents, businesses connected to them and suppliers, empowers the Small Business Commissioner to run authorised alternative dispute‑resolution (ADR), requires participation when ADR is commenced, allows charging mediation fees, and exposes contraventions to civil penalties and set expiation fees."}},"importantCases":[],"_links":{"self":"/api/acts/fair-trading-newsagency-industry-dispute-resolution-code-regulations-2014","history":"/api/acts/fair-trading-newsagency-industry-dispute-resolution-code-regulations-2014/history","analysis":"/api/acts/fair-trading-newsagency-industry-dispute-resolution-code-regulations-2014/analysis","conflicts":"/api/acts/fair-trading-newsagency-industry-dispute-resolution-code-regulations-2014/conflicts","importantCases":"/api/acts/fair-trading-newsagency-industry-dispute-resolution-code-regulations-2014/important-cases","documents":"/api/acts/fair-trading-newsagency-industry-dispute-resolution-code-regulations-2014/documents"}}