(1) A mediator has jurisdiction to mediate a retail tenancy dispute or small
business dispute, other than a dispute—
(a) about an issue between the
parties that—
(i) is the subject of arbitration; or
(ii) has been the
subject of an award (interim or final) in an arbitration proceeding; or
(iii)
is before, or has been decided by, a court; or
(b) about—
(i) the amount of
rent payable under a retail shop lease or other lease the subject of a small
business dispute; or
(ii) the amount of a lessor’s outgoings under a
retail shop lease or other lease the subject of a small business dispute; or
(c) under a retail shop lease for the carrying on of the business of a service
station, if the Competition and Consumer (Industry Codes—Oilcode) Regulation
2006 (Cwlth) applies to the carrying on of the business under a fuel
re-selling agreement within the meaning of that regulation; or
(d) if the
amount, value or damages in dispute is more than the monetary limit within the
meaning of the District Court of Queensland Act 1967, section 68 .
(2) For
subsection (1) (a) (i) , a retail tenancy dispute or small business dispute is
only the subject of arbitration if the arbitration proceeding has started.
(3) However, a mediator has jurisdiction to mediate a retail tenancy dispute
or small business dispute about—
(a) the procedure for the determination of
rent payable under a lease, but not the actual amount of the rent; or
(b) the
basis on which lessor’s outgoings are payable by, and the procedure for
charging lessor’s outgoings to, a lessee under a lease, but not the actual
amount of the outgoings; or
(c) for a retail shop lease—whether an item, or
part of an item, of the lessor’s outgoings for the retail shopping centre or
leased building in which a leased shop is situated was reasonably incurred in,
or directly attributable to, the operations, maintenance or repair of the
centre or building.
