Document ID: chunk:federal_register_of_legislation:F2024L01651:reg:5:p1
Version: federal_register_of_legislation:F2024L01651
Segment Type: reg
Provision Reference: reg 5 (pt 1/3)
Character Range: 7342–10291

5  Definitions
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) Commission;
(b) consumer;
(c) corporation;
(d) industry code.
  In this instrument:
acceptance period, for a proposed remedy, has the meaning given by section 56.
Act means the Competition and Consumer Act 2010.
ADR practitioner means a mediator or arbitrator.
ADR process means mediation or arbitration.
allowable contrary provision: a provision of a grocery supply agreement is an allowable contrary provision if:
 (a) the provision is contrary to a protective provision of the Code mentioned in any of paragraphs 19(3)(a) to (g); and
 (b) paragraphs 19(3)(h) to (j) are complied with in relation to the provision of the agreement.
buying team means the persons who are employed or otherwise engaged by a large grocery business each of whom having a role that includes at least one of the following:
 (a) direct involvement in buying grocery products;
 (b) immediate management responsibility for a person whose role is covered by paragraph (a).
category manager means a person who is employed or otherwise engaged by a large grocery business who is responsible for a category of grocery products at the large grocery business.
Code means the industry code set out in Part 2.
Code Mediator means a Code Mediator appointed under subsection 46(1).
Code Supervisor means the Code Supervisor appointed under subsection 60(2).
covered revenue: see section 8.
delists: see subsection 32(3).
evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.
fresh produce means the following:
 (a) fresh fruit;
 (b) fresh vegetables;
 (c) fresh mushrooms.
grocery products include (without limitation) the following:
 (a) food;
 (b) non‑alcoholic drinks;
 (c) household products including electrical appliances, kitchenware and cleaning products;
 (d) personal care products including toiletries, cosmetics, first aid products and medicine (other than prescription medicine);
 (e) stationery products, magazines and newspapers;
 (f) tobacco and tobacco products;
 (g) pet food and pet care products;
 (h) plants, flowers and gardening equipment;
but do not include the following:
 (i) food sold for in‑store consumption;
 (j) non‑alcoholic drinks sold for in‑store consumption;
 (k) alcoholic drinks.
grocery supply agreement means any agreement between a large grocery business and a supplier that relates to the supply of grocery products to or for the purposes of a supermarket business (whether or not the agreement is the principal agreement between them relating to the supply of grocery products) and includes any document:
 (a) comprising the agreement; or
 (b) made, from time to time, under the agreement.
incentive scheme means any arrangement by a large grocery business to reward a person who is employed or