sec.97Mediators’ jurisdiction

sec.97 Mediators’ jurisdiction

A mediator has jurisdiction to mediate a retail tenancy dispute or small business dispute, other than a dispute— about an issue between the parties that— is the subject of arbitration; or has been the subject of an award (interim or final) in an arbitration proceeding; or is before, or has been decided by, a court; or about— the amount of rent payable under a retail shop lease or other lease the subject of a small business dispute; or the amount of a lessor’s outgoings under a retail shop lease or other lease the subject of a small business dispute; or under a retail shop lease for the carrying on of the business of a service station, if the Competition and Consumer (Industry Codes—Oilcode) Regulation 2006 (Cwlth) applies to the carrying on of the business under a fuel re-selling agreement within the meaning of that regulation; or if the amount, value or damages in dispute is more than the monetary limit within the meaning of the District Court of Queensland Act 1967 , section 68 . For subsection (1) (a) (i) , a retail tenancy dispute or small business dispute is only the subject of arbitration if the arbitration proceeding has started. However, a mediator has jurisdiction to mediate a retail tenancy dispute or small business dispute about— the procedure for the determination of rent payable under a lease, but not the actual amount of the rent; or the basis on which lessor’s outgoings are payable by, and the procedure for charging lessor’s outgoings to, a lessee under a lease, but not the actual amount of the outgoings; or for a retail shop lease—whether an item, or part of an item, of the lessor’s outgoings for the retail shopping centre or leased building in which a leased shop is situated was reasonably incurred in, or directly attributable to, the operations, maintenance or repair of the centre or building. s 97 amd 2009 No. 24 s 1587 ; 2016 No. 21 s 56 ; 2022 No. 5 s 65 (sec.97-ssec.1) A mediator has jurisdiction to mediate a retail tenancy dispute or small business dispute, other than a dispute— about an issue between the parties that— is the subject of arbitration; or has been the subject of an award (interim or final) in an arbitration proceeding; or is before, or has been decided by, a court; or about— the amount of rent payable under a retail shop lease or other lease the subject of a small business dispute; or the amount of a lessor’s outgoings under a retail shop lease or other lease the subject of a small business dispute; or under a retail shop lease for the carrying on of the business of a service station, if the Competition and Consumer (Industry Codes—Oilcode) Regulation 2006 (Cwlth) applies to the carrying on of the business under a fuel re-selling agreement within the meaning of that regulation; or if the amount, value or damages in dispute is more than the monetary limit within the meaning of the District Court of Queensland Act 1967 , section 68 . (sec.97-ssec.2) For subsection (1) (a) (i) , a retail tenancy dispute or small business dispute is only the subject of arbitration if the arbitration proceeding has started. (sec.97-ssec.3) However, a mediator has jurisdiction to mediate a retail tenancy dispute or small business dispute about— the procedure for the determination of rent payable under a lease, but not the actual amount of the rent; or the basis on which lessor’s outgoings are payable by, and the procedure for charging lessor’s outgoings to, a lessee under a lease, but not the actual amount of the outgoings; or for a retail shop lease—whether an item, or part of an item, of the lessor’s outgoings for the retail shopping centre or leased building in which a leased shop is situated was reasonably incurred in, or directly attributable to, the operations, maintenance or repair of the centre or building.