Commonwealth Numbered Acts

PETROLEUM RETAIL MARKETING SITES ACT 1980 No. 140, 1980 - SECT 8

8. (1) Except as provided by this section, a prescribed corporation shall not
be taken for the purposes of this Act to operate a retail site temporarily.

(2) A prescribed corporation that operates a retail site on a particular day
shall be takend for the purposes of this Act to operate that site temporarily
on that day if that site has not, on any day (including a day before the
commencing day) before the commencement of the period of 90 days ending on
that day, been operated as a retail site by the corporation or by a related
corporation.

(3) Where a retail site has, whether before or after the commencement of this
Act, been rebuilt or restored, a prescribed corporation that operates that
site on a particular day after the completion of the rebuilding or restoration
shall, subject to sub-section (4), be taken for the purposes of this Act to
operate that site temporarily on that day.

(4) A corporation shall not be taken for the purposes of this Act by virtue of
sub-section (3) to operate a retail site temporarily on any day after the
period of 90 days commencing on the first day after the completion of the
rebuilding or restoration on which, by virtue of that sub-section, that
corporation is to be taken to operate that site temporarily but nothing in
this sub-section prevents any fresh application of sub-section (3) by reason
of any further rebuilding or restoration of that site.

(5) Where, on a particular day-

   (a)  a prescribed corporation operates a retail site in relation to which a
        franchise agreement (being an agreement in relation to which the
        corporation was the franchisor) had been in effect at a time before
        that day (including a time before the commencing day); and

   (b)  the corporation intends to enter, as franchisor, into a fresh
        franchise agreement in relation to that site, the corporation shall,
        subject to sub-section (8), be taken for the purposes of this Act to
        operate that site temporarily on that day.

(6) Where-

   (a)  a franchise agreement is in effect in relation to a retail site;

   (b)  the franchisee is unable, by reason of physical or mental incapacity,
        to control the operation of that site or the franchisee has died; and

   (c)  a prescribed corporation operates that site on a particular day at the
        request of the franchisee or his personal representative, the
        corporation shall, subject to sub-section (8), be taken for the
        purposes of this Act to operate that site temporarily on that day.

(7) Where, on a particular day, a prescribed corporation operates a retail
site and intends, in good faith and in the normal course of business, to sell
its interest in that site or grant a lease of that site for a use other than
the retail sale of motor fuel, the corporation shall, subject to sub-section
(8), be taken for the purposes of this Act to operate that site temporarily on
that day.

(8) A corporation shall not be taken for the purposes of this Act by virtue of
sub-section (5), (6) or (7) to operate a retail site temporarily on any day
during a period that is a prescribed period in relation to the corporation in
relation to that retail site.

(9) For the purposes of sub-section (8)-

   (a)  each of the following periods is a prescribed period in relation to a
        corporation in relation to a retail site:

        (i)    the period commencing on the ninetieth day after the first
               prescribed day in relation to the corporation in relation to
               that site and ending at the expiration of one year after that
               prescribed day;

        (ii)   the period commencing on the ninetieth day after the first
               prescribed day in relation to the corporation in relation to
               that site that occurs after the expiration of a period that is
               a prescribed period in relation to the corporation in relation
               to that site by virtue of sub-paragraph (i) or of this
               sub-paragraph and ending at the expiration of one year after
               that prescribed day; and

   (b)  a day is a prescribed day in relation to a corporation in relation to
        a retail site if-

        (i)    that day is, or is a day after, the commencing day; and

        (ii)   the corporation would, disregarding sub-section (8), be taken
               for the purposes of this Act by virtue of sub-section (5), (6)
               or (7), to have operated that site temporarily on that day,
               and, where that day is a day after the commencing day, none of
               those sub-sections would, disregarding sub-section (8), require
               the corporation to be taken for the purposes of this Act to
               have operated that site temporarily on the immediately
               preceding day.