South Australian Repealed Acts

This legislation has been repealed.

CHICKEN MEAT INDUSTRY ACT 2003 - SCHEDULE 2

Schedule 2—Arbitration

Part 1—Preliminary

1—Selection of arbitrator

        (1)         The arbitrator is to be a person selected by the Registrar after consultation with the parties to the dispute.

        (2)         If for some reason an arbitrator does not complete an arbitration, the Registrar may, after consultation with the parties, make a fresh appointment.

2—Application of Commercial Arbitration Act 1986

The Commercial Arbitration Act 1986 applies to an arbitration under this Act to the extent that it may operate consistently with the provisions of this Act.

Part 2—Parties and representation

3—Parties to arbitration

The parties to the arbitration are the processor and grower concerned.

4—Representation

A party to an arbitration may be represented by a lawyer or, by leave of the arbitrator, another representative.

Part 3—Conduct of arbitration

5—Arbitrator's duty to act expeditiously and to give effect to intention of Act

        (1)         An arbitrator must proceed with the arbitration as quickly as the proper investigation of the dispute, and the proper consideration of all matters relevant to the fair determination of the dispute, allow.

        (2)         An arbitrator must, in arbitration proceedings, seek to give effect to the intention of this Act.

6—Hearings to be in private

        (1)         Arbitration proceedings must be conducted in private unless the parties agree to have the proceedings conducted in public.

        (2)         An arbitrator may give directions about who may be present at arbitration proceedings conducted in private.

        (3)         In giving directions under subclause (2), the arbitrator must have regard to the wishes of the parties and the need for commercial confidentiality.

        (4)         A person must comply with a direction under subclause (2).

7—Procedure on arbitration

        (1)         An arbitrator—

            (a)         is not bound by technicalities, legal forms or rules of evidence; and

            (b)         may obtain information on matters relevant to the dispute in any way the arbitrator thinks appropriate (the arbitrator may, for example, conduct proceedings by telephone, closed circuit television or other means of communicating at a distance).

        (2)         An arbitrator may require the presentation of evidence or argument in writing and may decide matters on which the arbitrator will hear oral evidence or argument.

8—Procedural powers of arbitrator

        (1)         An arbitrator may—

            (a)         give procedural directions;

            (b)         make orders requiring—

                  (i)         the delivery of documents clarifying the issues between the parties;

                  (ii)         the discovery and inspection of documents;

            (c)         sit at any time or place;

            (d)         adjourn the arbitration proceedings from time to time and from place to place;

            (e)         refer a matter to an expert for report, and accept the expert's report in evidence;

            (f)         do anything else necessary for the expeditious hearing and determination of the dispute.

        (2)         An arbitrator may hear 2 or more proceedings relating to the same general subject matter together.

        (3)         An arbitrator may proceed with arbitration proceedings in the absence of a party if the party has been given at least 14 days notice of the proceedings.

        (4)         An arbitrator may engage a lawyer to provide advice on the conduct of the arbitration and to assist the arbitrator in drafting the award.

9—Power to obtain information and documents

        (1)         If an arbitrator has reason to believe that a person is in a position to give information or to produce documents that may be relevant to the dispute, the arbitrator may, by written notice—

            (a)         require the person within a period stated in the notice—

                  (i)         to give the arbitrator a written statement of specified information; or

                  (ii)         to produce to the arbitrator specified documents or copies of specified documents; or

            (b)         require the person to appear before the arbitrator at a specified time and place to give evidence.

        (2)         A written statement must, if the arbitrator so requires, be verified by statutory declaration of the person providing the information or, if the person is a body corporate, an appropriate officer of the body corporate.

        (3)         If documents are produced to an arbitrator, the arbitrator may—

            (a)         take possession of, make copies of, and take extracts from, the documents; and

            (b)         keep the documents for as long as is necessary for the purposes of the arbitration.

        (4)         A person must—

            (a)         comply with a requirement of the arbitrator under subclause (1) or (2); and

            (b)         if the person is required to appear as a witness before the arbitrator—comply with further requirements to make an oath or affirmation, or to answer questions.

        (5)         However, a person need not give information or produce a document if—

            (a)         the information or the contents of the document are the subject of legal professional privilege, or would tend to incriminate the person of an offence; and

            (b)         the person objects to giving the information or producing the document by giving written notice of the ground of the objection to the arbitrator or, if the person is appearing as a witness before the arbitrator, by an oral statement of the ground of objection.

10—Confidentiality of information

        (1)         A person who gives the arbitrator information, or produces documents, may ask the arbitrator to keep the information or the contents of the documents confidential.

        (2)         The arbitrator may, after considering representations from the parties, impose conditions limiting access to, or disclosure of, the information or documentary material.

        (3)         A person must not contravene a condition imposed under subclause (2).

Part 4—Appeals

11—Appeal

        (1)         An appeal lies to the Supreme Court from an award, or a decision not to make an award, on a question of law.

        (2)         On an appeal, the Court may exercise one or more of the following powers:

            (a)         vary the award or decision;

            (b)         revoke the award or decision;

            (c)         make an award or decision that should have been made in the first instance;

            (d)         remit the matter to the arbitrator for further consideration or re-consideration;

            (e)         make incidental or ancillary orders (including orders for costs).

        (3)         An award or decision of an arbitrator cannot be challenged or called in question except by appeal under this clause.

12—Costs

The costs of an arbitration are to be borne by the parties in proportions decided by the arbitrator, and in the absence of a decision by the arbitrator, in equal proportions.