Document ID: chunk:federal_register_of_legislation:F2021C00201:clause:1_17
Version: federal_register_of_legislation:F2021C00201
Segment Type: clause
Provision Reference: sch 1 cl 17
Character Range: 25289–26761

17  Payments for retailer's or wholesaler's business activities
 (1) The retailer or wholesaler must not directly or indirectly require a supplier to make any payment towards the costs of any activity (the retailer's or wholesaler's business activity) that is undertaken by the retailer or wholesaler in the ordinary course of carrying on a business as a retailer or wholesaler.
 (1A) Without limiting subclause (1), the retailer's or wholesaler's business activity includes the following:
 (a) a buyer's visit to the supplier;
 (b) artwork or packaging design;
 (c) consumer or market research;
 (d) the opening or refurbishing of a store;
 (e) hospitality for the retailer's or wholesaler's staff.
 (2) Subclause (1) does not apply if:
 (a) the relevant grocery supply agreement provides for the payment; and
 (b) the payment is reasonable in the circumstances.
 (3) In determining whether the payment is reasonable in the circumstances, regard must be had to the following:
 (a) the likely benefits to the supplier from the retailer's or wholesaler's business activity;
 (b) the likely benefits to the retailer or wholesaler from the retailer's or wholesaler's business activity;
 (c) the costs borne, or contributions made, by the retailer or wholesaler for the retailer's or wholesaler's business activity.
 (4) Subclause (3) does not limit paragraph (2)(b).
 (5) In any dispute, the retailer or wholesaler has the onus of establishing the matters in subclause (2).