Document ID: chunk:federal_register_of_legislation:F2025C00176:clause:1_20
Version: federal_register_of_legislation:F2025C00176
Segment Type: clause
Provision Reference: sch 1 cl 20
Character Range: 37027–38723

20  Requirements before entering into fuel re‑selling agreement
 (1) A supplier must not:
 (a) enter into, renew or extend a fuel re‑selling agreement with another party; or
 (b) enter into an agreement with another party to enter into, renew or extend a fuel re‑selling agreement; or
 (c) accept non‑refundable money from another party under a fuel re‑selling agreement or an agreement to enter into a fuel re‑selling agreement;
unless the supplier has received from the other party a written statement that the other party has received, read, and had a reasonable opportunity to understand:
 (d) this code; and
 (e) the disclosure document in relation to the agreement.
 (2) A supplier must not enter into, renew or extend a fuel re‑selling agreement if the agreement includes a condition that requires the other party to not disclose their name, business address, ABN, ACN or ARBN.
 (3) A supplier must not enter into a fuel re‑selling agreement unless the supplier has received a statement, signed by the other party, that the other party:
 (a) has been given advice about the proposed fuel re‑selling agreement, or fuel re‑selling business, by:
 (i) an independent legal adviser; or
 (ii) an independent business adviser; or
 (iii) an independent accountant; or
 (iv) a relevant trade association; or
 (b) has been told that the other party should obtain advice of that kind, but has decided not to seek it.
 (4) Subclause (3) does not:
 (a) apply to the renewal or extension of a fuel re‑selling agreement; or
 (b) prevent a supplier from requiring the other party to give the supplier a particular statement mentioned in paragraph (3)(a).

Division 2—Transfer of fuel re‑selling business