Document ID: chunk:federal_register_of_legislation:F2020L01334:reg:5:p1
Version: federal_register_of_legislation:F2020L01334
Segment Type: reg
Provision Reference: reg 5 (pt 1/2)
Character Range: 3256–6017

5  Definitions
Note 1: A number of expressions used in this instrument are defined in section 4 of the Act, including the following:
• acquire;
• authorisation;
• Commission;
• contract;
• corporation;
• give effect to;
• goods;
• party;
• services;
• supply;
• Tribunal.
Note 2: For the meaning of references to the "Competition Code", see Part XIA of the Act.
  In this determination:
Act means the Competition and Consumer Act 2010 or the Competition Code, as appropriate.
aggregated turnover, of a corporation, means the corporation's aggregated turnover as calculated in accordance with section 328‑115 of the Income Tax Assessment Act 1997.
collective bargaining class exemption notice has the meaning given by section 9.
collective bargaining notice has the meaning given by section 93AA of the Act.
commence includes enter into force.
contract means a contract, arrangement or understanding.
contracting parties has the meaning given by section 6.
eligible corporation: a corporation is an eligible corporation in a particular financial year if it reasonably believes that, in the previous financial year, its aggregated turnover was less than $10 million.
Note 1: In the circumstances provided for in the Act, a reference in this instrument to a corporation includes a reference to a person that is not a corporation: see section 6 of the Act and paragraph 13(1)(b) of the Legislation Act 2003.
Note 2: For the purposes of the Competition Code (see Part XIA of the Act), a reference in this instrument to a corporation will also include a reference to a person that is not a corporation: see subsection 150C(2) of the Act.
franchise agreement has the meaning given by the Franchising Code.
franchisee has a meaning affected by the Franchising Code.
Franchising Code means Schedule 1 to the Competition and Consumer (Industry Codes—Franchising) Regulation 2014, as in force from time to time.
franchisor has a meaning affected by the Franchising Code.
fuel re‑selling agreement has the meaning given by the Oil Code.
fuel retailer means person who is a retailer under a fuel re‑selling agreement.
Note: This definition covers paragraph (b) of the definition of "retailer" in the Oil Code. It does not cover paragraph (a) or paragraph (c) of that definition.
fuel wholesaler means a supplier within the meaning of the Oil Code.
initial contract has the meaning given by section 6.
objection notice has the meaning given by section 93AA of the Act.
Oil Code means Schedule 1 to the Competition and Consumer (Industry Codes—Oil) Regulations 2017, as in force from time to time.
related fuel retailers: two fuel retailers are related fuel retailers if:
 (a) both have a fuel re‑selling agreement with the same fuel wholesaler; and
 (b) those elements of the