Section 53W — Competition and Consumer Act 2010: Mediation and arbitration

(1) A gas market code may provide for the mediation of disputes between gas market participants relating to gas market conduct, including providing for any of the following matters: (a) a process for appointing a mediator; (b) the powers or functions of a mediator; (c) a process for commencing mediation; (d) the mediation process, including rules about any of the following matters: (i) a party giving information to another party or to a mediator (including on request); (ii) a mediator providing a party with an opportunity to be heard; (iii) terminating a mediation; (e) the extent (if any) to which mediation is compulsory; (f) the consequences of not participating in mediation; (g) reporting; (h) generating and keeping records; (i) confidentiality; (j) the costs of mediation, including providing for: (i) determining the costs; or (ii) who is liable to pay the costs. (2) A gas market code may provide for the arbitration (including compulsory arbitration) of disputes between gas market participants relating to gas market conduct, including providing for any of the following matters: (a) establishing or maintaining a register of arbiters; (b) a process for appointing an arbiter; (c) the powers or functions of an arbiter; (d) a process for commencing arbitration, including rules requiring a party to a dispute to take reasonable steps (such as mediation) to resolve a dispute before proceeding to arbitration; (e) the arbitration process, including rules about any of the following matters: (i) a party to a dispute giving information to another party or to an arbiter (including on request); (ii) an arbiter providing a party with an opportunity to be heard; (iii) terminating an arbitration; (f) the extent (if any) to which arbitration is compulsory; (g) the consequences of not participating in arbitration; (h) decision-making by an arbiter, including processes an arbiter uses in decision-making; (i) a power of an arbiter to decide that a party to a dispute must supply a gas commodity; (j) a power of an arbiter to decide any of the following matters if an arbiter decides that a party to a dispute must supply a gas commodity: (i) how much of the gas commodity is to be supplied; (ii) where the gas commodity is to be supplied; (iii) when the gas commodity is to be supplied; (iv) the terms (including terms relating to price) on which the gas commodity is to be supplied; (k) rules about how a decision of an arbiter binds a party to an arbitration; (l) the consequences of not complying with a decision of an arbiter; (m) reporting; (n) generating and keeping records; (o) confidentiality; (p) the costs of arbitration, including providing for: (i) determining the costs; or (ii) who is liable to pay the costs. (3) The powers or functions conferred on an arbiter by a gas market code must not involve the exercise of judicial power.