Document ID: chunk:federal_register_of_legislation:F2021C00201:clause:1_15
Version: federal_register_of_legislation:F2021C00201
Segment Type: clause
Provision Reference: sch 1 cl 15
Character Range: 22846–24240

15  Payments as a condition of being a supplier
 (1) The retailer or wholesaler must not require a supplier to make any payment as a condition of stocking or listing grocery products.
 (2) Subclause (1) does not apply in relation to the retailer if:
 (a) the payment is made in relation to a promotion; or
 (b) the payment:
 (i) is required under the relevant grocery supply agreement; and
 (ii) is made in respect of groceries that have not been stocked, displayed or listed by the retailer during the preceding 365 days in 25% or more of its stores; and
 (iii) is reasonable having regard to the costs and risks to the retailer in stocking, displaying or listing the grocery products.
 (2A) Subclause (1) does not apply in relation to the wholesaler if:
 (a) the payment is made in relation to a promotion; or
 (b) the payment:
 (i) is required under the relevant grocery supply agreement; and
 (ii) is made in respect of groceries that have not been stocked or listed by the wholesaler during the preceding 365 days in 25% or more of its distribution centres; and
 (iii) is reasonable having regard to the costs and risks to the wholesaler in stocking or listing the grocery products.
 (3) Paragraphs (2)(a) and (2A)(a) have effect subject to clause 18 (funding promotions).
 (4) In any dispute, the retailer or wholesaler has the onus of establishing the matters in subclause (2) or (2A).