Document ID: chunk:federal_register_of_legislation:F2021C00201:clause:1_6b
Version: federal_register_of_legislation:F2021C00201
Segment Type: clause
Provision Reference: sch 1 cl 6B
Character Range: 14980–16783

6B  Obligation to deal with suppliers lawfully and in good faith
 (1) The retailer or wholesaler must at all times deal with suppliers lawfully and in good faith within the meaning of the unwritten law as in force from time to time.
 (2) The retailer or wholesaler must not enter into a grocery supply agreement that contains a provision that limits or excludes the obligation to act in good faith, and, if it does, the provision has no effect.
 (3) In determining whether the retailer or wholesaler has acted in good faith in dealing with a supplier, the following may be taken into account:
 (a) whether the retailer or wholesaler has acted honestly;
 (b) whether the retailer or wholesaler has cooperated to achieve the purposes of the relevant grocery supply agreement;
 (c) whether the retailer or wholesaler has not acted arbitrarily, capriciously, unreasonably, recklessly or with ulterior motives;
 (d) whether the retailer or wholesaler has not acted in a way that constitutes retribution against the supplier for past complaints and disputes;
 (e) whether the retailer's or wholesaler's trading relationship with the supplier has been conducted without duress;
 (f) whether the retailer's or wholesaler's trading relationship with the supplier has been conducted in recognition of the need for certainty regarding the risks and costs of trading, particularly in relation to production, delivery and payment;
 (g) whether the retailer or wholesaler has observed any confidentiality requirements relating to information disclosed or obtained in dealing with or resolving a complaint or dispute with the supplier;
 (h) whether, in dealing with the retailer or wholesaler, the supplier has acted in good faith.
 (4) Subclause (3) does not limit subclause (1).

Part 2—Grocery supply agreements