Document ID: chunk:federal_register_of_legislation:F2025C00176:clause:1_29:p1
Version: federal_register_of_legislation:F2025C00176
Segment Type: clause
Provision Reference: sch 1 cl 29 (pt 1/2)
Character Range: 44508–47270

29  Disclosure of materially relevant facts
 (1) If a disclosure document does not mention a matter mentioned in subclause (2), the supplier must notify a retailer or prospective retailer of that fact within a reasonable time (but not more than 14 days) after the supplier becomes aware of the matter.
 (2) For the purposes of subclause (1), the matters are as follows:
 (a) a change in majority ownership or control of the supplier;
 (b) court proceedings by a public agency, alleging:
 (i) a breach of a fuel re‑selling agreement; or
 (ii) a contravention of the Act; or
 (iii) a contravention of the Corporations Act 2001, or regulations made for that Act; or
 (iv) unconscionable conduct; or
 (v) misconduct; or
 (vi) an offence of dishonesty;
 (c) a judgment in criminal or civil proceedings, identifying any of the matters mentioned in paragraph (b);
 (d) an award in an arbitration against the supplier in Australia, identifying any of the matters mentioned in paragraph (b);
 (e) a court enforceable undertaking given by the supplier to a public agency, identifying any of the matters mentioned in paragraph (b);
 (f) a judgment against the supplier under:
 (i) Part 3 of the Independent Contractors Act 2006; or
 (ii) section 106 of the Industrial Relations Act 1996 (NSW); or
 (iii) section 276 of the Industrial Relations Act 1999 (Qld);
  other than a judgment in relation to the unfair dismissal of an employee;
 (g) a civil proceeding in Australia against the supplier by the lesser of:
 (i) 10% of the supplier's retailers in Australia; or
 (ii) 10 of the supplier's retailers in Australia;
 (h) any judgment that is entered against the supplier in Australia, and is not discharged within 28 days, for at least:
 (i) for a small proprietary company (within the meaning of the Corporations Act 2001)—$100,000; or
 (ii) for any other company—$1,000,000;
 (i) a judgment that is entered against the supplier in a matter mentioned in:
 (i) if the disclosure document is in accordance with Annexure 1—paragraph 4.2(a) of the disclosure document; or
 (ii) if the disclosure document is in accordance with Annexure 2—paragraph 3.2(a) of the disclosure document;
 (j) the supplier becoming a Chapter 5 body corporate.
 (3) For the purposes of paragraphs (2)(b) to (i), the supplier must also notify the retailer or prospective retailer of the following:
 (a) the names of the parties to the proceedings;
 (b) the name of the court or tribunal;
 (c) the case number;
 (d) the general nature of the proceedings;
 (e) the current status of the proceedings;
 (f) if the proceedings have been completed—the outcome of the proceedings.
 (4) For the purposes of paragraph (2)(j), the supplier must also notify the retailer or prospective retailer of the name and