Commonwealth Numbered Regulations

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COMPETITION AND CONSUMER (INDUSTRY CODES--FOOD AND GROCERY) REGULATION 2015 (SLI NO 16 OF 2015) - REG 5

Review of Code

             (1)  The Minister administering section 51AE of the Competition and Consumer Act 2010 must cause a review to be undertaken of the operation of the Food and Grocery Code of Conduct (the code ).

             (2)  The review must start before the end of the period of 3 years after the commencement of this section.

             (3)  The review must assess the impact of the code in improving commercial relations between grocery retailers, wholesalers and suppliers.

             (4)  The review must address the following:

                     (a)  the extent to which retailers and wholesalers have become bound by the code;

                     (b)  levels of compliance with the code by retailers and wholesalers bound by the code;

                     (c)  whether the purposes of the code (see clause 2 of the code) are being met;

                     (d)  the extent to which the code assists in addressing any imbalances in the allocation of risks between retailers, wholesalers and suppliers;

                     (e)  whether there are any further measures that would improve the operation of the code with respect to the matters mentioned in paragraphs (c) and (d);

                      (f)  the interactions between the code and the Horticulture Code of Conduct;

                     (g)  how the code compares with overseas regulation of commercial relations between retailers, wholesalers and suppliers;

                     (h)  whether the code should be mandatory or voluntary;

                      (i)  whether the code should include civil penalty provisions;

                      (j)  whether retailers, wholesalers and suppliers should be bound by the code, and if so, to what extent;

                     (k)  whether the code should be repealed or amended and, if so, the timing of any such repeal or amendment;

                      (l)  the products that should be covered by the code.




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