Div 1BDesignated alternative dispute resolution

Division 1B—Designated alternative dispute resolution 66—Notice of designated alternative dispute resolution (1) The Commission may determine that a dispute of a kind referred to in section 63 will be dealt with through alternative dispute resolution under this Division (a designated alternative dispute resolution process). (2) If the Commission makes a determination under subsection (1), the Commission must give each party to the dispute written notice of the determination. (3) A party may, by notice given to the Commission within 10 business days of receiving a notice under subsection (2), refuse to participate in the designated alternative dispute resolution process. (4) If the Commission receives a notice under subsection (3), the Commission must, by notice given to each party to the dispute within 3 business days of receipt of the notice, determine— (a) to discontinue the designated alternative dispute resolution process; or (b) to proceed with the designated alternative dispute resolution process. 66A—Commission may require attendance at alternative dispute resolution processes and production of documents (1) For the purposes of a designated alternative dispute resolution process conducted under this Act, the Commission may, subject to this section, require any person by notice in writing— (a) to attend a meeting at a time and place specified in the notice; or (b) to produce, at a time and place specified in the notice, to the Commission any document or thing described in the notice that is in the custody or under the control of the person, and that the Commission determines would benefit the resolution of the dispute. (2) Subsection (1)(b) does not apply to documents or things that— (a) are subject to legal professional privilege; or (b) contain commercial information of a confidential nature; or (c) are subject to a confidentiality requirement under any other Act or law. (3) A person who, without reasonable excuse, refuses or fails to comply with a requirement in a notice under this section is guilty of an offence. Maximum penalty: $20 000. Expiation fee: $1 200. 66B—Power to issue certificates (1) The Commission must certify the outcome of a designated alternative dispute resolution process within 21 business days of the day on which the Commission gave written notice of its determination under section 66(2), or, in exceptional circumstances, such longer period as the Commission determines. (2) A certificate issued under subsection (1) must include the names of the parties to the dispute and the nature of the dispute. (3) A certificate issued under subsection (1) must certify— (a) whether or not the dispute was resolved; and (b) if relevant, whether 1 or more of the parties to the dispute refused or failed to attend a meeting in accordance with a notice issued under section 66A(1) and the reasons (if any) for that refusal or failure. (4) A certificate issued under subsection (1) may be admitted in evidence in proceedings before a court or tribunal. Division 2—Intervention 67—Power to intervene (1) The Commission may intervene in proceedings before a court concerning a dispute about a retail shop lease or rights or obligations under a retail shop lease. (2) If the Commission intervenes in proceedings the Commission becomes a party to the proceedings and has all the rights (including rights of appeal) of a party to the proceedings. Division 3—Jurisdiction of the Magistrates Court 68—Jurisdiction of the Magistrates Court (1) An application for an order under this section may be commenced by application to the Magistrates Court by a party (or former party) to a retail shop lease or a collateral agreement. (2) The Magistrates Court may on application under this section, by order— (a) restrain an action in breach of this Act, a retail shop lease or a collateral agreement; or (b) require a person to comply with an obligation under this Act, a retail shop lease or a collateral agreement; or (c) order a person to make a payment (including a payment of compensation) that is payable under this Act, a retail shop lease or a collateral agreement; or (d) order the payment of compensation for loss or damage resulting from a breach of this Act, a retail shop lease or a collateral agreement; or (e) relieve a party to a retail shop lease or a collateral agreement from the obligation to comply with a provision of the lease or agreement; or (f) reinstate rights under a retail shop lease that have been forfeited or have otherwise terminated; or (g) require the payment of rent under a retail shop lease into the Magistrates Court until the lease has been performed or an application for compensation has been determined; or (h) require that rent paid into the Magistrates Court be paid out and applied as directed by the Magistrates Court; or (i) require a tenant to surrender possession of premises to the lessor; or (j) do anything else necessary or desirable to resolve a dispute between the parties to the retail shop lease. 68A—Result of alternative dispute resolution may be enforced (1) If an agreement reached as a result of alternative dispute resolution is recorded in a written instrument and signed by both the Commission and the parties to the agreement, then— (a) a copy of the instrument must be given to each party; and (b) in the event that a party to the agreement fails to carry out the party's obligations under the agreement—the other party may apply to the Magistrates Court for an order enforcing the terms of the agreement. (2) An application to the Magistrates Court under subsection (1) is a minor statutory proceeding for the purposes of paragraph (c) of the definition of minor statutory proceeding in section 3(1) of the Magistrates Court Act 1991. 69—Substantial monetary claims (1) If a proceeding before the Magistrates Court involves a monetary claim for an amount exceeding $100 000, the Magistrates Court must on the application of a party to the proceeding refer the proceeding into the District Court. (2) If a proceeding is referred to the District Court, the Court has, in addition to the powers that it has apart from this section, the powers that the Magistrates Court has under this Division.