48Code Mediator’s functions

48 Code Mediator’s functions

Functions (1) The Code Mediator’s functions are as follows: (a) the functions set out in section 49 relating to a procedure for handling complaints against the large grocery business; (b) to assist suppliers of the large grocery business in relation to matters covered by this Code, including by providing information about: (i) this Code generally; and (ii) the complaint and dispute resolution processes available under this Division; (c) to investigate complaints against the large grocery business relating to matters covered by this Code (including a grocery supply agreement); (d) to make recommendations from such investigations, including to propose remedies where appropriate; (e) to facilitate consideration of, and agreement to, such recommendations; (f) to assist suppliers of the large grocery business to informally resolve issues relating to matters covered by this Code (including a grocery supply agreement); (g) to mediate disputes between suppliers of the large grocery business and the large grocery business if: (i) the disputes relate to matters covered by this Code (including a grocery supply agreement); and (ii) the mediation is not under Subdivision C; (h) to keep records, and to report, about such complaints or disputes. (2) The large grocery business must ensure that the Code Mediator has access to: (a) all documentation held by the large grocery business in relation to any complaint or dispute with a supplier relating to the large grocery business’ obligations under this Code; and (b) the large grocery business’ buying team for the purposes of discussing issues relating to the large grocery business’ obligations under this Code.

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 large grocery business may authorise the Code Mediator to enter into an agreement on behalf of the large grocery business to resolve a complaint relating to the large grocery business’ obligations under this Code (including a grocery supply agreement). Code Mediator’s performance of its functions (4) The large grocery business must: (a) ensure that the agreement appointing the Code Mediator includes a condition requiring the Code Mediator to comply with the Code Mediator’s obligations under this Division; and (b) take reasonably appropriate action under that appointment agreement if the Code Mediator breaches such a condition; and (c) terminate that agreement if such a breach is serious or if such breaches are persistent.

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.

(5) The large grocery business must not unduly influence, or attempt to unduly influence, the Code Mediator in the performance of the Code Mediator’s functions.