Document ID: chunk:federal_register_of_legislation:F2021C00201:clause:1_19:p1
Version: federal_register_of_legislation:F2021C00201
Segment Type: clause
Provision Reference: sch 1 cl 19 (pt 1/2)
Character Range: 27609–30468

19  Delisting products
 (1) The retailer or wholesaler may only delist a supplier's grocery product:
 (a) in accordance with the terms of the relevant grocery supply agreement; and
 (b) for genuine commercial reasons.
 (1A) The retailer or wholesaler delists a supplier's grocery product if:
 (a) the product is removed from the retailer's or wholesaler's range of grocery products; or
 (b) the retailer or wholesaler reduces the distribution of the product across the retailer's stores or the wholesaler's distribution centres (as the case may be), and that reduction has or is likely to have a material effect on the supplier.
 (2) For the purpose of subclause (1), genuine commercial reasons for delisting a product include the following:
 (a) failure of the supplier to meet agreed quality or quantity requirements with respect to the product;
 (b) failure of the supplier's product to meet the retailer's or wholesaler's commercial sales or profitability targets as notified to the supplier in, or in accordance with, the grocery supply agreement;
 (c) persistent failure to meet the retailer's or wholesaler's delivery requirements as notified to the supplier from time to time in accordance with the grocery supply agreement.
 (3) Subclause (2) does not limit subclause (1).
 (4) To avoid doubt, delisting as a punishment for a complaint, concern or dispute raised by a supplier is not a genuine commercial reason.
 (5) Prior to delisting a supplier's grocery product, the retailer or wholesaler must provide reasonable written notice to the supplier of the retailer's or wholesaler's decision to delist the product. The notice must:
 (a) include the genuine commercial reasons for delisting the product; and
 (b) inform the supplier of the supplier's right to have the decision to delist the product reviewed by the retailer's or wholesaler's senior buyer for the supplier; and
 (c) inform the supplier of the supplier's right to direct a complaint relating to the decision to delist the product to the Code Arbiter for the retailer or wholesaler; and
 (d) include the contact details of the Code Arbiter for the retailer or wholesaler.
 (6) Subclause (5) does not apply if:
 (a) time is of the essence (including for product recalls, withdrawals or safety issues); or
 (b) there are persistent issues with supply that have resulted in the retailer or wholesaler being out of stock or stocked at significantly reduced levels.
 (6A) The retailer's or wholesaler's senior buyer for a supplier must promptly comply, in writing, with any written request from the supplier for:
 (a) a statement of the retailer's or wholesaler's genuine commercial reasons for the delisting; or
 (b) information (or additional information) relating to the delisting.
This subclause applies whether or not the retailer or wholesaler complied (or was required to comply) with