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Competition and Consumer (Industry Codes—Food and Grocery) Regulations 2024

I, the Honourable Sam Mostyn AC, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated     12 December 2024

  Sam Mostyn AC
  Governor‑General

By Her Excellency's Command

Dr Andrew Leigh
Assistant Minister for Competition, Charities and Treasury
Parliamentary Secretary to the Treasurer

Contents
Part 1—Preliminary
Division 1—Preliminary
1 Name
2 Commencement
3 Authority
4 Simplified outline of this instrument
Division 2—Definitions etc.
5 Definitions
6 Meaning of supplier
7 Meaning of retribution
8 Meaning of large retailer and large wholesaler
Division 3—Mandatory industry code
9 Mandatory industry code
10 Review of Code
Part 2—Food and grocery industry code
Division 1—Preliminary
11 Food and grocery industry code
12 Purposes of Code
13 Interaction with other industry codes
14 Civil penalty provisions of this Code
15 Function of Australian Small Business and Family Enterprise Ombudsman
Division 2—Good faith
16 Obligation to deal with suppliers lawfully and in good faith
17 Obligation to act in good faith must not be excluded
Division 3—Grocery supply agreements
18 Grocery supply agreements must be in writing
19 Matters to be covered by agreements
20 Unilateral variation of agreements
21 Retrospective variation of agreements
Division 4—Conduct generally
Subdivision A—Paying suppliers
22 Payments to suppliers
Subdivision B—Requiring payments from suppliers
23 Payments for shrinkage
24 Payments for wastage
25 Payments as a condition of being a supplier
26 Payments for better positioning of grocery products—retailers
27 Payments for ordinary business activities
28 Funding promotions
Subdivision C—Other conduct
29 Incentive schemes
30 Retribution
31 Policies and procedures to protect against retribution
32 Delisting products
33 Funded promotions
34 Fresh produce
35 Changes to supply chain procedures
36 Intellectual property rights
37 Transfer of intellectual property rights
38 Confidential information
39 Product ranging, shelf space allocation and range reviews
40 Price increases
41 Information about price increases
42 Freedom of association
43 Senior managers are to oversee interactions with suppliers
44 Provision of contact details
45 Requirement to notify Commission
Division 5—Dispute resolution
Subdivision A—Investigations by a Code Mediator
46 Each large grocery business must appoint a Code Mediator
47 Notifying details of the Code Mediator's appointment
48 Code Mediator's functions
49 Complaints handling procedures
50 Referring complaints to the Code Mediator
51 Investigations by the Code Mediator—timing
52 Investigations by the Code Mediator—vexatious complaints etc.
53 Investigations by the Code Mediator—all other complaints
54 Investigations by the Code Mediator—recommendations (including proposed remedies)
55 Agreeing to a proposed remedy
56 Acceptance period for a proposed remedy
57 Reconsideration by the Code Mediator if recommended to do so by the Code Supervisor
58 Records to be kept by the Code Mediator
59