Commonwealth Numbered Acts

PETROLEUM RETAIL MARKETING SITES ACT 1980 No. 140, 1980 - SECT 3

3. (1) In this Act, unless the contrary intention appears-



"agreement" means any agreement, arrangement or understanding-

   (a)  whether formal or informal or partly formal and partly informal;

   (b)  whether written or oral or partly written and partly oral; and

   (c)  whether or not having legal or equitable force and whether or not
        based based on legal or equitable rights;



"authorized officer" means-

   (a)  the Permanent Head of the Department administered by the Minister; or

   (b)  an officer of that Department appointed by the Permanent Head of that
        Department by writing under his hand to be an authorized officer for
        the purposes of this Act;



"business day", in relation to the operation of a retail site, means a day
other than-

   (a)  a Saturday;

   (b)  a Sunday; or

   (c)  a day that is a public holiday in the place where the retail site is
        is situated;



"child", in relation to a person, includes an adopted child, a step-child or
an ex-nuptial child of that person;



"commencing day" means the day on which this Act comes into operation;



"contravention", in relation to a provision of this Act, includes a failure to
comply with that provision;



"corporation" means a body corporate that-

   (a)  is a foreign corporation;

   (b)  is a trading corporation formed within the limits of the Commonwealth;
        or

   (c)  is incorporated in an internal Territory;



"Court" means the Federal Court of Australia;



"diesel fuel site" means a retail site the principal use of which is the sale
by retail at the site of diesel fuel for trucks or omnibuses;



"director", in relation to a body corporate, includes any person occupying or
acting in the position of director of the body corporate, by whatever name
called and whether or not validly appointed to occupy or duly authorized to
act in the position;



"foreign corporation" means a foreign corporation within the meaning of
paragraph 51 (xx) of the Constitution, and includes a body corporate that is
incorporated in an external Territory;



"franchise agreement" means an agreement, whether entered into before or after
the commencement of this Act-

   (a)  that contains-

        (i)    provisions, whether express or implied, under or by virtue of
               which
a corporation (in this Act referred to as the "franchisor") authorizes,
permits or requires a person, being another party to the agreement (in this
Act referred to as the "franchisee"), to use, in connection with the retail
sale of motor fuel by that person at the retail site to which the agreement
relates, a mark identifying, commonly associated with, or controlled by, that
corporation or a related corporation;

        (ii)   provisions, whether express or implied, under or by virtue of
               which
a corporation (in this Act referred to as the "franchisor") grants a right to,
or otherwise authorizes or permits, a person, being another part to the
agreement (in this Act referred to as the "franchisee"), to possess, occupy or
use the retail site to which the agreement relates in connection with the
retail sale of motor fuel by that person at that site; and

        (iii)  provisions, whether express or implied, under or by virtue of
               which-

        (A) a corporation (in this Act referred to as the "franchisor") is
entitled or required to supply motor fuel to a person, being another party to
the agreement (in this Act referred to as the "franchisee"), for retail sale
by that person at the retail site to which the agreement relates; or

        (B) a person (in this Act referred to as the ("franchisee") agrees
with a corporation (in this Act referred to as the "franchisor") to acquire
motor fuel from another person (whether a party to the agreement or not) for
retail sale by the first-mentioned person at the retail site to which the
agreement relates; or

   (b)  that is one of 2 or more agreements that together contain provisions
        of of the kinds referred to in sub-paragraphs (a) (i) and (ii) and of
        the kind referred to in sub-paragraph (a) (iii) (A) or (B), where-

        (i)    the franchisees in relation to those agreements are the same
               person or are connected with each other; and

        (ii)   the franchisors in relation to those agreements are the same
               corporation or are related to each other;



"franchisee" means a party to a franchise agreement, being the person referred
to as the franchisee in sub-paragraph (a) (i) or (ii) or (iii) (A) or
(B), as the case may be, of the definition of "franchise agreement";



"franchisor" means a party to a franchise agreement, being the corporation
referred to as the franchisor in sub-paragraph (a) (i) or (ii) or (iii) (A) or
(B), as the case may be, of the definition of "franchise agreement";



"lease" includes a sub-lease;



"market research site", in relation to a corporation or the members of a group
of corporations, means a retail site operated in a State by that corporation
or by a member of that group of corporations, as the case may be, the
principal use of which is the testing of-

   (a)  a technique of selling motor fuel by retail; or

   (b)  equipment used in connection with the retail sale of motor fuel, being
        a technique or equipment not previously used by that corporation or by
        any member of that group of corporations, as the case may be, at a
        retail site in that State;



"month" means one of the 12 months of the year;



"motor fuel" means petrol or diesel fuel to be used in propelling road
vehicles;



"parent", in relation to a person, means a person of whom that person is a
child;



"prescribed corporation" means-

   (a)  a corporation specified in the Schedule;

   (b)  any other corporation that refines petroleum; or

   (c)  a corporation that is an associate of a corporation referred to in
        paragraph (a) or (b);



"provision", in relation to an agreement, means any matter forming part of the
agreement, and includes a covenant;



"retail site" means premises at which motor fuel for road vehicles is sold by
retail;



"road vehicle" means a vehicle designed solely or principally for transporting
persons, goods or animals by road;



"share", in relation to a body corporate, means a share in the capital of the
body corporate and includes stock;



"supply tank", in relation to a road vehicle, means that part of the vehicle
in which motor fuel for the propulsion of the vehicle is stored;



"trading corporation" means a trading corporation within the meaning of
paragraph 51 (xx) of the Constitution;



"training site", in relation to a corporation or the members of a group of
corporations, means a retail site the principal use of which is the training
of employees, agents, prospective agents, franchisees or prospective
franchisees of that corporation or of all or any of the members of that group
of corporations, as the case may be;



"truck" means a road vehicle designed solely or principally for transporting
goods or animals, or any kind of materials used in any trade, business or
industry, but does not include a road vehicle designed for transporting
persons or supplying motive power for machinery.

(2) For the purposes of this Act, motor fuel shall not be takin to be sold at
a retail site for road vehicle unless it is delivered at that site into the
supply tanks of those vehicles.

(3) For the purposes of sub-paragraph (b) (i) of the definition of

"franchise agreement" in sub-paragraph (1), the following person are connected
with a person:

   (a)  the spouse or a parent or child of the person;

   (b)  a partner of the person;

   (c)  a body corporate of which the person is an officer;

   (d)  where the person is a body corporate-a related body corporate.
(4) References in the definition of "franchise agreement" in sub-section (1)
to retail sale by a person shall not be read as including retail sale by that
person as servant or agent of another person.