Document ID: chunk:federal_register_of_legislation:F2021C00201:clause:1_16
Version: federal_register_of_legislation:F2021C00201
Segment Type: clause
Provision Reference: sch 1 cl 16
Character Range: 24240–25289

16  Payments for better positioning of groceries—retailers
 (1) The retailer must not require a supplier to make any payment to secure either of the following for a grocery product:
 (a) better positioning;
 (b) an increase in allocation of shelf space.
 (2) Subclause (1) does not apply if:
 (a) the payment is required under the relevant grocery supply agreement; and
 (b) the agreement sets out the particular circumstances in which the payment may be required; and
 (c) the payment is reasonable having regard to either or both of the following:
 (i) the additional benefits (if any) to the supplier;
 (ii) the costs and risks to the retailer of allocating additional or different shelf space.
Note: For example, a grocery supply agreement may provide for a supplier to make a payment in relation to the promotion of the supplier's product.
 (3) In any dispute, the retailer has the onus of establishing the matters in subclause (2).
 (4) This clause does not apply to a corporation to the extent that it is bound by this code as a wholesaler.