64The independent review

64 The independent review

(1) If the Code Supervisor decides under subsection 63(1) to conduct the independent review, the Code Supervisor must: (a) give the supplier and the Code Mediator a written notice of the decision; and (b) give the large grocery business a written notice of the decision that has redacted any information that is reasonably capable of being used to identify the supplier, unless the supplier has expressly consented to their identity being disclosed to the large grocery business; and (c) take reasonable steps to consider the review request, and complete the independent review, within the 20‑business‑day period starting on the day that notice is given to the supplier.

Note: This period may be paused while the Code Supervisor is waiting for information (see subsection (4)).

Code Supervisor may request further information (2) Without limiting paragraph (1)(c), the steps the Code Supervisor may take include requesting information relating to the original complaint from one or more of the following: (a) the Code Mediator; (b) the supplier; (c) the large grocery business. (3) A large grocery business or Code Mediator who receives a reasonable request from the Code Supervisor to provide information relating to the original complaint must comply with the request within 10 business days of receiving it.

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.

(4) The 20‑business‑day period referred to in paragraph (1)(c) is paused while the Code Supervisor is waiting to receive any information it has requested under subsection (2). Recommendations arising from the independent review (5) After considering the review request, the Code Supervisor may make one or more recommendations to the Code Mediator. Unless the supplier has accepted a proposed remedy for dealing with the original complaint, this includes a recommendation that the Code Mediator reconsider the original complaint. (6) Within 5 business days of completing the independent review, the Code Supervisor must give the supplier and the Code Mediator a written notice: (a) stating that the independent review is complete; and (b) setting out any recommendations made under subsection (5); and (c) setting out the Code Supervisor’s reasons for making those recommendations. (7) The Code Supervisor must give the large grocery business a copy of the notice. However, the Code Supervisor must first redact from the copy any information that is reasonably capable of being used to identify the supplier, unless the supplier has expressly consented to their identity being disclosed to the large grocery business. (8) If the Code Supervisor becomes aware, in connection with the review request, that a breach of this Code may have occurred, the Code Supervisor must give: (a) particulars of the breach to the Commission; and (b) a copy of the particulars to the large grocery business.