sec.21Who may apply

### sec.21 Who may apply The parties to a small business dispute may apply for mediation of the dispute under this part only if— the parties to the dispute have attempted to resolve the dispute by seeking informal assistance from the commissioner; and the dispute is within a mediator’s jurisdiction; and A mediator appointed under the Retail Shop Leases Act 1994 has jurisdiction to mediate small business disputes under this Act. See the Retail Shop Leases Act 1994 , sections 96 and 97 . This part does not apply to a retail tenancy dispute under the Retail Shop Leases Act 1994 . Retail tenancy dispute resolution is provided for in part 8 of that Act. any requirements prescribed by regulation for this section have been complied with by the parties to the dispute; and all parties to the dispute agree to mediate the dispute under this part. Also, an application may be made by the parties to a small business franchise dispute only if the Australian Small Business and Family Enterprise Ombudsman established under the Australian Small Business and Family Enterprise Ombudsman Act 2015 (Cwlth) , section 12 has referred the dispute to the commissioner. (sec.21-ssec.1) The parties to a small business dispute may apply for mediation of the dispute under this part only if— the parties to the dispute have attempted to resolve the dispute by seeking informal assistance from the commissioner; and the dispute is within a mediator’s jurisdiction; and A mediator appointed under the Retail Shop Leases Act 1994 has jurisdiction to mediate small business disputes under this Act. See the Retail Shop Leases Act 1994 , sections 96 and 97 . This part does not apply to a retail tenancy dispute under the Retail Shop Leases Act 1994 . Retail tenancy dispute resolution is provided for in part 8 of that Act. any requirements prescribed by regulation for this section have been complied with by the parties to the dispute; and all parties to the dispute agree to mediate the dispute under this part. (sec.21-ssec.2) Also, an application may be made by the parties to a small business franchise dispute only if the Australian Small Business and Family Enterprise Ombudsman established under the Australian Small Business and Family Enterprise Ombudsman Act 2015 (Cwlth) , section 12 has referred the dispute to the commissioner. - (a) the parties to the dispute have attempted to resolve the dispute by seeking informal assistance from the commissioner; and - (b) the dispute is within a mediator’s jurisdiction; and Notes— 1 A mediator appointed under the Retail Shop Leases Act 1994 has jurisdiction to mediate small business disputes under this Act. See the Retail Shop Leases Act 1994 , sections 96 and 97 . 2 This part does not apply to a retail tenancy dispute under the Retail Shop Leases Act 1994 . Retail tenancy dispute resolution is provided for in part 8 of that Act. - 1 A mediator appointed under the Retail Shop Leases Act 1994 has jurisdiction to mediate small business disputes under this Act. See the Retail Shop Leases Act 1994 , sections 96 and 97 . - 2 This part does not apply to a retail tenancy dispute under the Retail Shop Leases Act 1994 . Retail tenancy dispute resolution is provided for in part 8 of that Act. - (c) any requirements prescribed by regulation for this section have been complied with by the parties to the dispute; and - (d) all parties to the dispute agree to mediate the dispute under this part. - 1 A mediator appointed under the Retail Shop Leases Act 1994 has jurisdiction to mediate small business disputes under this Act. See the Retail Shop Leases Act 1994 , sections 96 and 97 . - 2 This part does not apply to a retail tenancy dispute under the Retail Shop Leases Act 1994 . Retail tenancy dispute resolution is provided for in part 8 of that Act.