46Resolving complaints and disputes—general

46 Resolving complaints and disputes—general

(1) If a party to a milk supply agreement has a complaint or there is a dispute in relation to a matter arising under or in connection with the agreement, the matter may be dealt with or resolved: (a) in accordance with the complaint handling procedure provided in the agreement; or (b) by mediation; or (c) subject to subsection (2), by arbitration. (2) The matter must not be resolved by arbitration unless: (a) the milk supply agreement provides for arbitration as a means for resolving disputes between parties to the agreement; or (b) all parties to the agreement have agreed in another written document to use arbitration to resolve the matter. (3) If the matter is the termination of a milk supply agreement, this Subdivision applies as if a reference to a party to a milk supply agreement included a reference to a person who was a party to the agreement before it was terminated.