Commonwealth Numbered Acts

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PETROLEUM RETAIL MARKETING SITES ACT 1980 No. 140, 1980 - SECT 7

Operation of retail sites
7. (1) For the purposes of this Act, a retail site shall be taken to be
operated by a prescribed corporation on a particular day if-

   (a)  on that day, the corporation owns, or is a lessee or licensee in
        respect of, that site; and

   (b)  on that day, motor fuel for road vehicles is, at that site-

        (i)    sold by retail by or on behalf of the corporation; or

        (ii)   sold by retail by a person under an agreement (not being a
               franchise agreement) to which the corporation is a party,
               where, under that agreement or any other agreement to which the
               corporation is a party, the corporation receives or is entitled
               to receive any payments in respect of that sale, other than
               payments in respect of the purchase of that motor fuel by that
               person from the corporation.

(2) Paragraph (1) (b) does not apply in relation to a retail site if, in the
ordinary course of business, more than 75% of the motor fuel sold by retail at
that site is sold by retail at that site is sold under a franchise agreement. 


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