Document ID: chunk:federal_register_of_legislation:F2025C00176:clause:1_32:p1
Version: federal_register_of_legislation:F2025C00176
Segment Type: clause
Provision Reference: sch 1 cl 32 (pt 1/4)
Character Range: 49466–52095

32  Duration of agreement

Fuel re‑selling agreements entered into before 1 March 2007
 (1) A fuel re‑selling agreement entered into before 1 March 2007 must retain the duration specified in the agreement and the arrangements (if any) for the exercise of options to renew the agreement.
Note: These regulations are a remake of the Competition and Consumer (Industry Codes—Oilcode) Regulation 2006, which commenced on 1 March 2007.
 (2) A fuel re‑selling agreement entered into before 1 March 2007, which is a franchise agreement to which the Petroleum Retail Marketing Franchise Act 1980 applied, and that relates to a retail site, must retain:
 (a) the duration specified in the agreement; and
 (b) the arrangements (if any) for the exercise of options to renew the agreement;
that were specified in the renewal arrangements set out in that Act.
 (3) The duration of a fuel re‑selling agreement to which subclause (1) or (2) applies:
 (a) must not be altered otherwise than in accordance with this code; and
 (b) must not be altered for a reason that is, in substance, related to:
 (i) the commencement of the Oilcode set out in Schedule 1 to the Competition and Consumer (Industry Codes—Oilcode) Regulation 2006; or
 (ii) the repeal of the Petroleum Retail Marketing Franchise Act 1980 or the Petroleum Retail Marketing Sites Act 1980.
Note: If a fuel re‑selling agreement entered into before 1 March 2007 contains a provision allowing the supplier to vary the duration of the agreement (for example subsequent to a change in any law), the duration of that agreement is not to be altered due to the commencement of the Oilcode or the repeal of the specified Acts.

Fuel re‑selling agreements entered into on or after 1 March 2007
 (4) A fuel re‑selling agreement entered into on or after 1 March 2007 must have a duration of at least 5 years, unless subclause (5) or (11) applies.
 (5) A fuel re‑selling agreement entered into on or 1 March 2007 that requires the retailer to purchase fuel from the supplier or that gives the supplier an entitlement to sell fuel to the retailer, and that relates to a retail site owned or leased by the supplier, must have:
 (a) a duration of at least 5 years; and
 (b) a further duration, as extended by the exercise of one or more options to renew the agreement, of at least 4 years.

Renewal of fuel re‑selling agreements
 (6) A supplier must not fail or refuse to renew a fuel re‑selling agreement mentioned in subclause (2) or (5) unless the supplier has decided that the supplier will:
 (a) lease the retail site to which the agreement relates for a purpose other than the retail sale of