Document ID: chunk:federal_register_of_legislation:F2021C00201:clause:1_12
Version: federal_register_of_legislation:F2021C00201
Segment Type: clause
Provision Reference: sch 1 cl 12
Character Range: 19939–20839

12  Payments to suppliers
 (1) The retailer or wholesaler must pay a supplier for all grocery products delivered and accepted in accordance with a grocery supply agreement:
 (a) within the time frame set out in the agreement; and
 (b) in any case—within a reasonable time after receiving the supplier's invoice for the products.
 (2) The retailer or wholesaler must not:
 (a) set off any amount against a supplier's invoice or remittance unless the supplier has consented in writing to the set‑off of the amount; or
 (b) require a supplier to consent to set off such an amount.
 (3) Subclause (2) does not apply if:
 (a) the grocery supply agreement provides for the amount to be set off; and
 (b) the set‑off is reasonable in the circumstances.
 (4) In any dispute, the retailer or wholesaler has the onus of establishing the matters in subclause (3).

Division 3—Requiring payments from suppliers