South Australian Numbered Acts South Australian Numbered Acts44—Amendment of the NEL—New Division 2A of Part 6 inserted
NEL—after section 69 insert:
Division 2A—Proceedings before, and awards etc of, Dispute resolution
panels
69A—Commercial Arbitration Acts apply to proceedings before Dispute
resolution panels
(1) The procedural
Parts of the Commercial Arbitration Act of this jurisdiction apply to the
hearing of a Rule dispute and decision or determination of a Dispute
resolution panel—
(a) as
if—
(i)
the Rules providing for a Rule dispute were an
arbitration agreement within the meaning of that Act; and
(ii)
a reference in those Parts to an arbitrator or umpire
were a reference to the Dispute resolution panel; and
(iii)
a reference to a party to an arbitration agreement, or in
an arbitration proceeding, in those Parts were a reference to a party to the
Rule dispute; and
(iv)
in those Parts for "unless otherwise agreed in writing by
the parties
to the arbitration agreement" there were substituted "unless the Rules provide
otherwise"; and
(v)
a reference to an award of an arbitrator or umpire in
those Parts were a reference to a decision or determination of a Dispute
resolution panel; and
(b) with
any other alterations and modifications that are necessary.
(2) In this
section—
"procedural Parts of the Commercial Arbitration Act of this jurisdiction
means—
(a) if
this Law is applied as a law of the State of New South Wales and a Rule
dispute is heard and determined in that State, Parts 3, 4 and 6 of the
Commercial Arbitration Act 1984 of New South Wales;
(b) if
this Law is applied as a law of the State of Victoria and a Rule dispute is
heard and determined in that State, Parts III, IV and VI of the
Commercial Arbitration Act 1984 of Victoria;
(c) if
this Law is applied as a law of the State of Queensland and a Rule dispute is
heard and determined in that State, Parts 3, 4 and 6 of the Commercial
Arbitration Act 1990 of Queensland;
(d) if
this Law is applied as a law of the State of South Australia and a Rule
dispute is heard and determined in that State, Parts 3, 4 and 6 of the
Commercial Arbitration and Industrial Referral Agreements Act 1986 of
South Australia;
(e) if
this Law is applied as a law of Tasmania and a Rule dispute is heard and
determined in that State, Parts III, IV and VI of the Commercial Arbitration
Act 1986 of Tasmania;
(f) if
this Law is applied as a law of the Australian Capital Territory and a Rule
dispute is heard and determined in that Territory, Parts 3, 4 and 6 of the
Commercial Arbitration Act 1986 of the Australian Capital Territory;
(g) if
this Law is applied as a law of another participating jurisdiction and a Rule
dispute is heard and determined in that other participating jurisdiction, the
Parts of an Act of that jurisdiction or an Act of another participating
jurisdiction (as the case requires) prescribed by the Regulations as
corresponding to Parts 3, 4 and 6 of the Commercial Arbitration and
Industrial Referral Agreements Act 1986 of South Australia.