6Re-assessment of costs of compliance with Code

6 Re-assessment of costs of compliance with Code

6 Re-assessment of costs of compliance with Code

(1) A dispute between a retailer, exempt person or reticulator and the Minister about the cost of complying with the Code, or a provision of the Code, must be referred to a committee constituted by 1 or more assessors.

(2) An assessor must be—

(a) a suitably qualified person, and

(b) appointed by agreement between the retailer, exempt person or reticulator and the Minister.

(3) A committee may—

(a) conduct proceedings under this section in the way it considers appropriate, and

(b) determine 2 or more disputes in the same proceedings.

(4) In determining a dispute referred to a committee, the committee must—

(a) consider representations made by the parties to the dispute, and

(b) determine, on the basis of the representations and other information available to the committee—

(i) the amount that is the efficient cost to the retailer, exempt person or reticulator of complying with the provision of the Code the dispute relates to, or

(ii) a methodology by which the cost may be assessed.

(5) The committee’s determination under subsection (4) applies, for the parties to the dispute, in place of the amount or methodology specified in the Code from the date specified in the determination.

(6) Nothing in this section prevents the Minister from amending a provision of the Code to which a dispute relates or revoking the Code.