46Each large grocery business must appoint a Code Mediator

46 Each large grocery business must appoint a Code Mediator

(1) Each large grocery business must: (a) appoint a person with appropriate qualifications, knowledge and experience to fulfil the Code Mediator’s functions, to be the Code Mediator in relation to this Code; and (b) do so by written agreement with the person; and (c) take all reasonable steps to ensure that there is such a Code Mediator at all times.

Note: The agreement will contain conditions (see subsection 48(4)).

Civil penalty:

(a) for a contravention by a body corporate—3,200 penalty units; or
(b) for a contravention by a person who is not a body corporate—640 penalty units.

(2) Subject to subsection (3), the large grocery business must: (a) not engage the person in any other capacity; and (b) ensure that no related body corporate of the large grocery business engages the person in any other capacity; while the person is the Code Mediator.

Note: For when a body corporate is related to another body corporate, see section 4A of the Act.

Civil penalty:

(a) for a contravention by a body corporate—3,200 penalty units; or
(b) for a contravention by a person who is not a body corporate—640 penalty units.

(3) The person may be engaged in another capacity during a financial year if: (a) the large grocery business’ market share: (i) is less than 15% in that financial year; or (ii) was less than 15% in either of the previous 2 financial years; or (b) the other capacity is as an ADR practitioner appointed under Subdivision C to mediate or arbitrate a dispute.