Fair Trading (Farming Industry Dispute Resolution Code) Regulations 2013

The Code covers all farmers and primary producers and includes any business of primary production such as the business of agriculture, pasturage, horticulture, viticulture, apiculture, poultry farming, dairy farming, forestry, rearing of livestock, and harvesting of fish and other aquatic organisms.

The Code sets out a series of steps or actions that can be taken by the Office of the South Australian Small Business Commissioner (SASBC) to help bring parties in dispute together, with the intention of assisting them and resolving the dispute in a timely and mutually beneficial manner.

Disputes can include:

  • payment disputes
  • re-negotiation of contacts
  • warranty issues on farm related vehicles including machines and vehicles
  • non-payment of accounts
  • good supplied not to the standard or quality ordered

The Code also deals with business related disputes between participants in the farming industry and local and state government.

The code helps participants in the industry by providing mandatory alternative dispute resolution process on a no or low cost basis overseen by the Small Business Commissioner.

Breaches of the code can attract:

  • a civil expiation fee of $4,000 for a corporation and $500 for a natural person
  • SASBC may take court action to obtain a civil penalty of up to $50,000 for a corporation or $10,000 for a natural person.

To view the Fair Trading (Farming Industry Dispute Resolution Code) Regulations 2013 click here.