Agricultural and Food Supply Chain Act 2023

Alternative dispute resolution

70. (1) The regulator may promote the use of alternative dispute resolution mechanisms for settling unfair trading disputes.

(2) In this section “unfair trading dispute” means a dispute between a supplier and a buyer about practices which are alleged to be unfair trading practices.

(3) The power in subsection (1) includes the power—

(a) to invite suppliers and buyers to consider alternative dispute resolution mechanisms,

(b) to provide information about persons who are competent to provide alternative dispute resolution mechanisms, and

(c) to nominate a suitably qualified person to provide alternative dispute resolution services.

(4) Where a matter that is the subject of a complaint or investigation is submitted to alternative dispute resolution—

(a) the regulator may suspend the investigation, or consideration of the complaint, pending the outcome of the alternative dispute resolution,

(b) if the alternative dispute resolution reaches a full and final agreed outcome, the regulator may close the investigation or consideration of the complaint, and

(c) if the alternative dispute resolution concludes without reaching a full and final agreed outcome, the regulator shall resume the investigation or consideration of the complaint.

PART 4

Enforcement