South Australian Numbered Acts

STATUTES AMENDMENT (SMALL BUSINESS COMMISSION AND RETAIL AND COMMERCIAL LEASES) ACT 2024 (NO 65 OF 2024) - SECT 43

43—Insertion of section 68A

After section 68 insert:

68A—Result of alternative dispute resolution may be enforced

        (1)         If an agreement reached as a result of alternative dispute resolution is recorded in a written instrument and signed by both the Commission and the parties to the agreement, then—

            (a)         a copy of the instrument must be given to each party; and

            (b)         in the event that a party to the agreement fails to carry out the party's obligations under the agreement—the other party may apply to the Magistrates Court for an order enforcing the terms of the agreement.

        (2)         An application to the Magistrates Court under subsection (1)

is a minor statutory proceeding for the purposes of paragraph (c) of the definition of "minor statutory proceeding" in section 3(1) of the Magistrates Court Act 1991

.