Document ID: chunk:federal_register_of_legislation:F2025C00176:clause:1_32:p2
Version: federal_register_of_legislation:F2025C00176
Segment Type: clause
Provision Reference: sch 1 cl 32 (pt 2/4)
Character Range: 51867–54475

to renew a fuel re‑selling agreement mentioned in subclause (2) or (5) unless the supplier has decided that the supplier will:
 (a) lease the retail site to which the agreement relates for a purpose other than the retail sale of motor fuel; or
 (b) dispose of the retail site; or
 (c) operate the retail site for a purpose other than the retail sale of motor fuel.
 (7) If a retailer proposes to exercise an option to renew a fuel re‑selling agreement to which paragraph (5)(b) relates, the retailer must:
 (a)  request that the supplier provide a disclosure document in relation to the agreement, as set out in Annexure 1 or 2 (whichever applies), setting out the terms and conditions to apply to a renewed fuel re‑selling agreement; and
 (b) do so at least 60 days, and not more than 120 days, before the expiration of the current term of the agreement.
 (8) The terms and conditions, excluding duration, of a renewed fuel re‑selling agreement to which paragraph (5)(b) relates may differ from the original or current terms and conditions of the agreement, but any change must be reasonable and be made in good faith.
 (9) If a request is made by a retailer under subclause (7), the supplier must provide the disclosure document:
 (a) within 14 days after the request is made; or
 (b) if the terms and conditions are unchanged from the current terms and conditions of the agreement—at least 14 days before the agreement is renewed.
 (10) Part 4 applies to a dispute arising from:
 (a) a failure by a supplier to renew a fuel re‑selling agreement; or
 (b) a failure by a supplier and retailer to agree on terms and conditions to apply to a renewed fuel re‑selling agreement.

Circumstances in which a fuel re‑selling agreement may have a different duration
 (11) A supplier and a prospective retailer may agree on a different duration for a fuel re‑selling agreement if:
 (a) the retail site on which the fuel re‑selling business is carried on is leased under a lease that will expire:
 (i) within 5 years after the agreement commences (for an agreement mentioned in subclause (4)); or
 (ii) within 9 years after the agreement commences (for an agreement mentioned in subclause (5)); or
 (b) the supplier has decided that, within 5 years after the agreement commences (for an agreement mentioned in subclause (4)), or within 9 years after the agreement commences (for an agreement mentioned in subclause (5)) it will:
 (i) lease the retail site on which the fuel re‑selling business is to be carried on for a purpose other than the retail sale of motor fuel; or
 (ii) dispose of the retail site on which the