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Small Business Commissioner Act 2022
sec.34Exclusion of other jurisdictions
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### sec.34 Exclusion of other jurisdictions
On and from the making of an application for mediation under section 22 , the dispute must not be referred to arbitration or heard by a court or tribunal.
Subsection (1) does not apply if—
the application is withdrawn under section 33 ; or
a proceeding about the matter in dispute was started in a court or tribunal before the application was made; or
an application for an order in the nature of an injunction about the matter in dispute is made to a court; or
a mediator refuses to mediate the dispute because the mediator is of the opinion the dispute is not within the jurisdiction of the mediator; or
the mediator has given a notice about the outcome of the mediation under section 30 (a) (ii) .
For subsection (2) (b) , a proceeding relating to a lease is taken to have started before a court if the lessor has—
served on the lessee a notice under the Property Law Act 1974 , section 124 ; or
given to the lessee a notice under the Property Law Act 1974 , section 131 .
(sec.34-ssec.1) On and from the making of an application for mediation under section 22 , the dispute must not be referred to arbitration or heard by a court or tribunal.
(sec.34-ssec.2) Subsection (1) does not apply if— the application is withdrawn under section 33 ; or a proceeding about the matter in dispute was started in a court or tribunal before the application was made; or an application for an order in the nature of an injunction about the matter in dispute is made to a court; or a mediator refuses to mediate the dispute because the mediator is of the opinion the dispute is not within the jurisdiction of the mediator; or the mediator has given a notice about the outcome of the mediation under section 30 (a) (ii) .
(sec.34-ssec.3) For subsection (2) (b) , a proceeding relating to a lease is taken to have started before a court if the lessor has— served on the lessee a notice under the Property Law Act 1974 , section 124 ; or given to the lessee a notice under the Property Law Act 1974 , section 131 .
- (a) the application is withdrawn under section 33 ; or
- (b) a proceeding about the matter in dispute was started in a court or tribunal before the application was made; or
- (c) an application for an order in the nature of an injunction about the matter in dispute is made to a court; or
- (d) a mediator refuses to mediate the dispute because the mediator is of the opinion the dispute is not within the jurisdiction of the mediator; or
- (e) the mediator has given a notice about the outcome of the mediation under section 30 (a) (ii) .
- (a) served on the lessee a notice under the Property Law Act 1974 , section 124 ; or
- (b) given to the lessee a notice under the Property Law Act 1974 , section 131 .