Document ID: chunk:federal_register_of_legislation:F2024L01651:reg:39
Version: federal_register_of_legislation:F2024L01651
Segment Type: reg
Provision Reference: reg 39
Character Range: 52168–53760

39  Product ranging, shelf space allocation and range reviews

Product ranging and shelf space allocation principles
 (1) A large grocery business must publish or provide to all suppliers with whom it has a grocery supply agreement:
 (a) its product ranging principles; and
 (b) if the large grocery business is a retailer—its shelf space allocation principles.
Civil penalty: 600 penalty units.
 (2) The large grocery business must act in accordance with the principles and keep them up to date.
Civil penalty: 600 penalty units.
 (3) The large grocery business must apply the principles without discrimination (including without discrimination in favour of its own brand products).
Civil penalty: 600 penalty units.

Range reviews
 (4) Within a reasonable time before conducting a range review, the large grocery business must provide suppliers who might be adversely affected by any outcome of the review with clearly expressed written notice of:
 (a) the purpose of the range review; and
 (b) the key criteria governing ranging decisions to be made by the review.
Civil penalty: 600 penalty units.
 (5) Following the range review and before making a final decision relating to the range review that may adversely affect a supplier, the large grocery business must provide the supplier with a reasonable opportunity to discuss the decision with the large grocery business, including the basis on which the large grocery business will make the final decision.
Civil penalty: 600 penalty units.

Interaction with section 32
 (6) This section does not limit section 32 (delisting products).