Commonwealth Consolidated Regulations Commonwealth Consolidated Regulationsmade under the
Competition and Consumer Act 2010
Compilation No. 1
Compilation date: 21 December 2021
Includes amendments up to: F2021L01847
Registered: 19 January 2022
About this compilation
This compilation
This is a compilation of the Competition and Consumer (Industry Codes--Oil) Regulations 2017 that shows the text of the law as amended and in force on 21 December 2021 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1--Preliminary
1 Name
3 Authority
5 Code of conduct
Part 2--Transitional matters relating to the repeal of the Competition and Consumer (Industry Codes--Oilcode) Regulation 2006
6 Transitional--continued appointment of dispute resolution adviser etc.
7 Things done under the Competition and Consumer (Industry Codes--Oilcode) Regulation 2006
Schedule 1--Oil Code of Conduct
Part 1--Preliminary
1 Name
2 Purpose of code
3 Monitoring of code
4 Definitions
5 Meaning of fuel re-selling agreement
Part 2--Terminal gate price and related arrangements
Division 1--Preliminary
6 Application of this Part
7 Terminal gate price arrangements
Division 2--Terminal gate price for declared petroleum products
8 Setting terminal gate price
9 Disclosing terminal gate price
10 Selling declared petroleum products--documentation
Division 3--Supply of declared petroleum products
11 Supplying declared petroleum products
12 Health and safety requirements
Part 3--Fuel re-selling business
Division 1A--Application of this Part
12A Application of this Part
Division 1--Fuel re-selling agreements
Subdivision A--Disclosure document for fuel re-selling agreement
13 Preparing and updating disclosure documents
14 Purpose of disclosure document
15 Content and layout of disclosure document
16 Giving disclosure document
17 Giving additional disclosure document
Subdivision B--Disclosure before completing fuel re-selling agreement
18 Application of this Subdivision
19 Supplier's obligations
20 Requirements before entering into fuel re-selling agreement
Division 2--Transfer of fuel re-selling business
21 Creating disclosure document
22 Content and layout of disclosure document
23 Giving disclosure document and other information
Division 3--Conditions of fuel re-selling agreement
24 Cooling off period
25 Copy of lease
26 Association of retailers
27 Prohibition on general release from liability
28 Marketing and other cooperative funds
29 Disclosure of materially relevant facts
30 Making updated disclosure document available
31 Supplier's proprietary fuel card
32 Duration of agreement
33 Renegotiation or variation of agreement
34 Transfer of the fuel re-selling agreement
Division 4--Termination of fuel re-selling agreement
35 Termination by supplier--breach by retailer
36 Termination by supplier--special circumstances
37 Termination by supplier of agreement mentioned in paragraph 32(11)(c)
38 Agreed early termination
39 Expiry
Part 4--Dispute resolution scheme
40 Application of this Part
41 Dispute resolution adviser
42 Disputes about supply of a declared petroleum product--advice about supply
43 Disputes about supply of a declared petroleum product
44 Dispute resolution procedure--disputes other than under clause 43
45 Provision of mediation and assistance
46 Evidence not admissible
47 Conditions
Part 5--Application, saving and transitional provisions
Division 1--Amendments made by the Treasury Laws Amendment (Corporate Insolvency Reforms Consequential Amendments) Regulations 2021
48 Application of amendment to clause 29 (disclosure of materially relevant facts)
Annexure 1--Supplier's disclosure document for fuel re-selling agreements--long form
1 First page
2 Supplier's details
3 Supplier's business experience
4 Litigation
5 Payments to agents
6 Existing fuel re-selling agreements
7 Intellectual property
8 Territory
9 Supplier's requirements for the supply of goods or services to a retailer
10 Supplier's requirements for the supply of goods or services by a retailer
11 Retail sites
12 Marketing or other cooperative funds
13 Payments
14 Financing
15 Supplier's obligations
16 Retailer's obligations
17 Pricing policy, motor fuel delivery and payment
18 Business plan
19 Supplier proprietary fuel card
20 Variation
21 Summary of other conditions of the agreement
22 Statements
23 Obligation to sign related agreements
24 Earnings information
25 Financial details
26 Materially relevant facts
27 Other relevant disclosure information
28 Receipt
Annexure 2--Supplier's disclosure document for fuel re-selling agreements--short form
1 First page
2 Supplier's details
3 Litigation
4 Intellectual property
5 Territory
6 Marketing or other cooperative funds
7 Payments
8 Supplier's obligations
9 Retailer's obligations
10 Pricing policy, motor fuel delivery and payment
11 Business plan
12 Supplier proprietary fuel card
13 Variation
14 Statements
15 Financial details
16 Receipt
Annexure 3--Retailer's disclosure document for transfer of fuel re-selling business
1 Details
2 Other relevant disclosure material
3 Disclaimer
4 Receipt
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Name | Registration | Commencement | Application, saving and transitional provisions |
Competition and Consumer (Industry Codes--Oil) Regulations 2017 | 14 Mar 2017 (F2017L00223) | 1 Apr 2017 (s 2(1) item 1) |
|
Treasury Laws Amendment (Corporate Insolvency Reforms Consequential Amendments) Regulations 2021 | 20 Dec 2021 (F2021L01847) | Sch 1 (items 4-6): 21 Dec 2021 (s 2(1) item 1) | -- |
Provision affected | How affected |
Part 1 |
|
s 2..................... | rep LA s 48D |
s 4..................... | rep LA s 48C |
Schedule 1 |
|
Part 1 |
|
c 4..................... | am F2021L01847 |
Part 3 |
|
Division 3 |
|
c 29.................... | am F2021L01847 |
Part 5 |
|
Part 5................... | ad F2021L01847 |
Division 1 |
|
c 48.................... | ad F2021L01847 |
Schedule 2................ | rep LA s 48C |