Document ID: chunk:federal_register_of_legislation:F2021C00201:clause:1_3:p1
Version: federal_register_of_legislation:F2021C00201
Segment Type: clause
Provision Reference: sch 1 cl 3 (pt 1/2)
Character Range: 7933–10835

3  Definitions
  In this code:
Act means the Competition and Consumer Act 2010.
buying team means the employees of a retailer or wholesaler whose role includes at least one of the following:
 (a) direct involvement in buying grocery products;
 (b) immediate management responsibility for an employee covered by paragraph (a).
Code Arbiter means a Code Arbiter appointed under subclause 31(1).
delists has the meaning given by subclause 19(1A).
groceries includes the following:
 (a) food including fresh produce, meat and dairy items (other than dairy items sold for in‑store consumption);
 (b) pet food;
 (c) non‑alcoholic drinks (other than drinks sold for in‑store consumption);
 (d) cleaning products;
 (e) toiletries, perfumes and cosmetics;
 (f) household goods, electrical appliances and kitchenware;
 (g) clothing;
 (h) "do‑it‑yourself" products;
 (i) pharmaceuticals;
 (j) books, newspapers, magazines and greeting cards;
 (k) CDs, DVDs, videos and audio tapes;
 (l) toys;
 (m) plants, flowers and gardening equipment;
 (n) tobacco and tobacco products.
grocery supply agreement means any agreement between a retailer and a supplier (other than a wholesaler), or between a wholesaler and a supplier, that relates to the supply of groceries to or for the purposes of a supermarket business (whether or not the agreement is the principal agreement between them relating to the supply of groceries) and includes any document:
 (a) comprising the agreement; or
 (b) made, from time to time, under the agreement.
Independent Reviewer means the Independent Reviewer appointed under clause 37.
independent review request has the meaning given by subclause 37B(2).
original complaint has the meaning given by subclause 37B(1).
own brand product means a grocery product:
 (a) produced, processed or manufactured by a retailer or wholesaler; or
 (b) produced, processed or manufactured for a retailer or wholesaler (including by a supplier); or
 (c) that carries a name or trade mark owned by, or licensed to, a retailer or wholesaler.
promotion means any offer for sale (whether or not accompanied by some other benefit to a consumer):
 (a) at an introductory or reduced price, or involving non‑standard sales activity; and
 (b) as agreed between:
 (i) a retailer and a supplier; or
 (ii) a wholesaler and a supplier; and
 (c) that is intended to last only for a specified period.
proposed remedy has the meaning given by subclause 36(5).
retailer means a corporation:
 (a) to the extent that it carries on a supermarket business in Australia for the retail supply of groceries; and
 (b) to the extent that it carries on a business of purchasing groceries from suppliers for the purpose of resale to a person carrying on a supermarket business in Australia for the retail supply of groceries.
senior buyer, in relation to a supplier, means the employee within a retailer or wholesaler's buying team who