Commonwealth Numbered Acts

PETROLEUM RETAIL MARKETING FRANCHISE ACT 1980 No. 139, 1980 - SECT 10

10. (1) Where a franchise agreement contains provisions of a kind referred
to in paragraph (c) of the definition of "franchise agreement" in sub-section
3 (1), the succeeding provisions of this section apply in relation to the
agreement to the extent that those succeeding provisions are not inconsistent
with the operation of an emergency law (including a direction or order given
or made under such a law).

(2) The franchisor shall, during the term of the franchise agreement, supply
to the franchisee at the marketing premises such quantity of motor fuel as is
from time to time reasonably required by the franchisee for retail sale by him
at the premises.

(3) In relation to a franchise agreement in effect immediately before the
commencement of this Act, the amounts payable by the franchisee in respect of
any motor fuel supplied to him by the franchisor under sub-section (2) in
excess of the quantity that the franchisor is required to supply to him in
accordance with that agreement shall be as are agreed between the franchisor
and the franchisee or, failing agreement, as are determined by a court.

(4) Sub-section (2) does not apply during any period in which-

   (a)  the franchisee fails or refuses to comply with a provision of the
        franchise agreement relating to payment with respect to motor fuel
        supplied or to be supplied in pursuance of that sub-section; or

   (b)  the franchisor is, by reason of a shortage of supplies, an industrial
        dispute or circumstances beyond its control, unable to supply
        motor fuel to the franchisee in accordance with that sub-section.

(5) Where paragraph (4) (b) applies, the franchisor shall use its best
endeavours to supply motor fuel to its franchisees in such manner as is fair
and equitable as between each of its franchisees and as between its
franchisees and any other persons to whom it supplies motor fuel, having
regard to the respective needs of its franchisees, of those other persons and
of the public.

(6) In any proceedings involving a question arising under sub-section (2), if
this sub-section is capable of application and the franchisee informs the
court that he wishes to rely on this sub-section, the court shall presume,
unless the contrary is established, that the quantity of motor fuel reasonably
required by the franchisee to be supplied by the franchisor for retail sale in
a particular month is equal to the quantity that was supplied by the
franchisor in the corresponding month of the preceding year to the franchisee
for retail sale, whether or not the franchise agreement concerned was in
effect at that time.
(7) In this section, "emergency law" means a law of the Commonwealth or of a
State or Territory controlling, directing, restricting or prohibiting the
sale, supply, use or consumption of motor fuel during a period of
interruption, reduction or cessation of normal supplies of motor fuel, other
than a law declared by the regulations not to be an emergency law for the
purposes of this section.