101Unresolved disputes may be referred to Small Business Commission or VCAT

101 Unresolved disputes may be referred to Small Business Commission or VCAT

(1) The regulator may certify in writing that—

(a) preliminary assistance under this Subdivision has failed to resolve the dispute; or

(b) preliminary assistance under this Subdivision has failed to resolve the dispute and, in the regulator's opinion, the dispute is unlikely to be resolved with the assistance of the Small Business Commission.

(2) A certificate issued under subsection (1) must state that a party or both parties may refer the dispute—

(a) to the Small Business Commission if the certificate certifies a failure described in subsection (1)(a); or

(b) to VCAT if the certificate certifies a failure described in subsection (1)(b).

(3) As soon as practicable after issuing a certificate under subsection (1), the regulator must provide a copy of it to the parties to the dispute.

(4) Within 30 days after receiving a copy of a certificate under subsection (1), a party or both parties to the dispute may refer the dispute to the Small Business Commission or VCAT, as the case requires.

(5) This section does not apply, or ceases to apply, if the Minister refers the dispute directly to VCAT under section 100(2).