Document ID: chunk:federal_register_of_legislation:F2025C00176:clause:1_32:p3
Version: federal_register_of_legislation:F2025C00176
Segment Type: clause
Provision Reference: sch 1 cl 32 (pt 3/4)
Character Range: 54272–56806

(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 fuel re‑selling business is to be carried on; or
 (iii) operate 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
 (c) the total initial non‑refundable amount that the prospective retailer must pay, or agree to pay, to the supplier and any associates of the supplier, before commencing operations under a new or renewed fuel re‑selling agreement, would be less than $20,000, excluding any of the following amounts:
 (i) payment for motor fuel at or below the usual wholesale price;
 (ii) payment of the usual wholesale price of motor fuel taken on consignment;
 (iii) payment at market value for the purchase or lease of real property, fixtures, equipment, services or supplies that are needed to operate under the fuel re‑selling agreement;
 (iv) security deposits for fuel stocks, real property, fixtures, equipment, services or supplies provided by the supplier.
Note: Paragraph (c) allows for a flexible duration of an agreement where less than $20,000 is paid up‑front to the supplier (for example, for goodwill or as "key money") as a condition of entering into the agreement.
 (12) If:
 (a) a supplier and a prospective retailer agree on a different duration for a fuel re‑selling agreement that is entered into on or after 1 March 2007; but
 (b) the reason for the different duration does not comply with subclause (11);
the fuel re‑selling agreement is taken to have a duration of 5 years (for an agreement mentioned in subclause (4)) or 9 years (for an agreement mentioned in subclause (5)).

Termination by agreement
 (13) If a supplier and a retailer agree to terminate a current fuel re‑selling agreement before the time at which it would otherwise expire, this clause does not require the agreement to continue until that time.
 (14) If a supplier and a retailer agree as described in subclause (13):
 (a) the supplier and another retailer may enter a fuel re‑selling agreement (a temporary agreement) that has a duration of not more than 6 months; and
 (b) on the expiry of the temporary agreement, the supplier must:
 (i) offer the retailer a fuel re‑selling agreement that has a duration that complies with this clause; or
 (ii) comply with clause 39.
 (15) A retail site cannot be the subject of consecutive temporary agreements.