Competition and Consumer Act 2010

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 process for appointing a mediator;

the powers or functions of a mediator;

a process for commencing mediation;

the mediation process, including rules about any of the following matters:

a party giving information to another party or to a mediator (including on request);

a mediator providing a party with an opportunity to be heard;

terminating a mediation;

the extent (if any) to which mediation is compulsory;

the consequences of not participating in mediation;

reporting;

generating and keeping records;

confidentiality;

the costs of mediation, including providing for:

determining the costs; or

who is liable to pay the costs.

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:

establishing or maintaining a register of arbiters;

a process for appointing an arbiter;

the powers or functions of an arbiter;

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;

the arbitration process, including rules about any of the following matters:

a party to a dispute giving information to another party or to an arbiter (including on request);

an arbiter providing a party with an opportunity to be heard;

terminating an arbitration;

the extent (if any) to which arbitration is compulsory;

the consequences of not participating in arbitration;

decision‑making by an arbiter, including processes an arbiter uses in decision‑making;

a power of an arbiter to decide that a party to a dispute must supply a gas commodity;

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:

how much of the gas commodity is to be supplied;

where the gas commodity is to be supplied;

when the gas commodity is to be supplied;

the terms (including terms relating to price) on which the gas commodity is to be supplied;

rules about how a decision of an arbiter binds a party to an arbitration;

the consequences of not complying with a decision of an arbiter;

reporting;

generating and keeping records;

confidentiality;

the costs of arbitration, including providing for:

determining the costs; or

who is liable to pay the costs.

The powers or functions conferred on an arbiter by a gas market code must not involve the exercise of judicial power.