Document ID: chunk:federal_register_of_legislation:F2021C00201:clause:1_9
Version: federal_register_of_legislation:F2021C00201
Segment Type: clause
Provision Reference: sch 1 cl 9
Character Range: 18208–19596

9  Unilateral variation of agreement
 (1) The retailer or wholesaler must not vary a grocery supply agreement without the consent of the supplier concerned.
 (2) Subclause (1) does not apply if:
 (a) the agreement:
 (i) provides expressly for the retailer or wholesaler to make the variation; and
 (ii) sets out clearly the changed circumstances in which the variation can be made; and
 (iii) if the variation involves a quantitative adjustment to the terms of supply—sets out the basis or methodology for calculating the adjustment; and
 (b) the variation is made in accordance with the agreement; and
 (c) the variation is reasonable in the circumstances; and
 (d) the supplier is given reasonable notice, in writing, of:
 (i) the variation; and
 (ii) the terms of the variation; and
 (iii) the retailer or wholesaler's reasons for making the variation.
 (3) In determining whether the variation is reasonable in the circumstances, regard must be had to the benefits, costs and risks (if any) for the supplier and retailer or wholesaler.
 (4) Subclause (3) does not limit paragraph (2)(c).
 (5) In any dispute, the retailer or wholesaler has the onus of establishing the matters in subclause (2).
 (6) In any dispute in relation to a contravention of subclause (1), a person alleging detriment to a supplier in relation to paragraph (2)(c) has the onus of establishing that detriment.