145Applications to Tribunal about unfair supply contracts and unjust conduct

145 Applications to Tribunal about unfair supply contracts and unjust conduct

145 Applications to Tribunal about unfair supply contracts and unjust conduct

(1) A motor industry group or the Small Business Commissioner may apply to the Tribunal on behalf of a motor dealer or class of motor dealers for a declaration that a term of a supply contract or a class of supply contracts is unfair, or that conduct of a manufacturer is unjust, and for orders under this Part.

(2) A motor dealer may apply to the Tribunal for a declaration that a term of a supply contract is unfair, or that conduct of a manufacturer is unjust, and for orders under this Part.

(3) An application may not be made by a motor industry group or a motor dealer in relation to a matter unless the motor industry group or motor dealer has first made a complaint to the Small Business Commissioner about the matter and the Commissioner has provided a certificate under section 19 of the Small Business Commissioner Act 2013 as to the outcome of procedures under that Act relating to the complaint.

(4) An applicant for a declaration and an order under this Part must give notice in writing of the application to the Secretary.