Document ID: chunk:federal_register_of_legislation:F2021C00201:clause:1_18
Version: federal_register_of_legislation:F2021C00201
Segment Type: clause
Provision Reference: sch 1 cl 18
Character Range: 26761–27609

18  Funding promotions
 (1) The retailer or wholesaler must not directly or indirectly require a supplier to fund part or all of the costs of a promotion.
 (2) Subclause (1) does not apply if:
 (a) the relevant grocery supply agreement provides for the funding; and
 (b) the funding is reasonable in the circumstances.
 (3) In determining whether the funding is reasonable in the circumstances, regard must be had to the following:
 (a) the likely benefits to the supplier from the promotion;
 (b) the likely benefits to the retailer or wholesaler from the promotion;
 (c) the costs borne, or contributions made, by the retailer or wholesaler for the promotion.
 (4) Subclause (3) does not limit paragraph (2)(b).
 (5) In any dispute, the retailer or wholesaler has the onus of establishing the matters in subclause (2).

Division 4—Other conduct