Document ID: chunk:federal_register_of_legislation:F2025C00176:clause:1_12a
Version: federal_register_of_legislation:F2025C00176
Segment Type: clause
Provision Reference: sch 1 cl 12A
Character Range: 29281–30632

12A  Application of this Part
 (1) Subject to subclause (2), this Part applies to:
 (a) a fuel re‑selling agreement, including a fuel re‑selling agreement entered into before 1 April 2017; and
 (b) any other retail activities that are:
 (i) covered by a fuel re‑selling agreement; or
 (ii) undertaken by a retailer for a supplier on a retail site to which a fuel re‑selling agreement between the supplier and the retailer applies.
 (2) This Part does not apply to a fuel re‑selling agreement if:
 (a) the supplier reasonably believes that the amount of motor fuel that will be sold by retail at all the retail sites to which the agreement relates will be a combined total of less than 30,000 litres for each month of the term of the agreement; and
 (b) at least 3 days before entering the agreement, the supplier gave the retailer a written statement setting out the grounds for the belief.
 (3) In any proceedings in which a supplier claims to have had the belief mentioned in paragraph (2)(a), the supplier:
 (a) must establish that:
 (i) a written statement was given under paragraph (2)(b) setting out the grounds for the belief; and
 (ii) the grounds for the belief were reasonable; and
 (b) cannot rely on any other grounds for the belief.

Division 1—Fuel re‑selling agreements

Subdivision A—Disclosure document for fuel re‑selling agreement