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This is a Bill, not an Act. For current law, see the Acts databases.
House of Assembly—No 109
As laid on the table and read a first time, 30 June 2004
South Australia
Chicken
Meat Industry (Arbitration) Amendment Bill 2004
A Bill For
An Act to amend the Chicken Meat Industry Act 2003.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Chicken
Meat Industry Act 2003
4 Amendment of section 5—Intention of
Act
5 Amendment of section 9—Registrar's
obligation to preserve confidentiality
6 Amendment of section 21—Mediation
7 Amendment of section 28—Interpretation
and application
8 Amendment of Schedule 2—Arbitration
3 Parties to
arbitration
The Parliament of South Australia enacts
as follows:
This Act may be cited as the Chicken Meat Industry
(Arbitration) Amendment Act 2004.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the
amendment of a specified Act amends the Act so specified.
Part 2—Amendment of Chicken Meat Industry Act 2003
4—Amendment of section 5—Intention of Act
Section 5(2)(b)—delete "5,"
5—Amendment of section 9—Registrar's obligation to preserve confidentiality
Section 9(2)—after paragraph (a) insert:
(ab) the Registrar and a mediator mediating a
dispute under this Act; or
6—Amendment of section 21—Mediation
(1) Section 21(1)—delete
"arbitration" wherever occurring and substitute in each case:
mediation
(2) Section 21(4) to (6)—delete subsections (4)
to (6) and substitute:
(4) The Registrar need not refer a dispute for
mediation if the Registrar considers that—
(a) the
parties have not undertaken sufficient negotiations in relation to the subject
matter of the dispute or have not undertaken negotiations in good faith; or
(b) it is highly unlikely that the dispute would be resolved
through mediation; or
(c) the subject matter of the dispute is trivial, misconceived
or lacking in substance; or
(d) there are other good reasons why the dispute should not be
referred to mediation.
(5) The mediation must be conducted by—
(a) a person agreed to by the parties; or
(b) if the parties cannot agree on a mediator, the Registrar or
some other person appointed by the Registrar who is, in the opinion of the
Registrar, suitably qualified to mediate the dispute.
(6) The costs of a mediation—
(a) must be determined in accordance with a scale approved by
the Registrar; and
(b) must be borne by the parties in proportions determined by
the mediator; and
(c) will be recoverable by the mediator as a debt.
(3) Section 21(7)—delete "arbitrator"
and substitute:
mediator
(4) Section 21(7)—delete
"arbitrating" and substitute:
mediating
(5) Section 21(8)—delete "arbitrator"
wherever occurring and substitute in each case:
mediator
7—Amendment of section 28—Interpretation and application
Section 28(2)(a)—delete
paragraph (a) and substitute:
(a) the grower was, immediately before the commencement of this
Part, party to a growing agreement collectively negotiated with the processor,
or was party to such an agreement when it expired; and
8—Amendment of Schedule 2—Arbitration
Schedule 2, clause 3—delete clause 3 and
substitute:
3—Parties to
arbitration
The parties to the arbitration are the processor and grower concerned.