The Competition and Consumer (Industry Codes – Oil) Regulations 2017 were approved at the Federal Execu1ve Council on 9 March, and will come into effect on 1 April 2017.
The Regulations are largely a continuation of the 2006 Regulations remade with minor technical amendments so there will be no new impact on industry.
The 2017 Regulations:
- continue to specify standard contractual terms and conditions for fuel re-selling agreements for both franchise and commission agency arrangements. The Regulations provide that tenure of fuel re-selling agreements entered into prior to the commencement of the 2006 Regulation will be honoured but all other contractual conditions will be expected to comply with the minimum standards established under the Regulations;
- continue to provide a nationally consistent approach to terminal gate pricing (TGP) arrangements to ensure transparency in wholesale pricing and allow access for all customers, including small businesses, to petroleum products at TGP, whilst not negating the ability of entities to negotiate individual supply agreements nor preventing the offering of discounts; and
- continue to provide an independent, downstream petroleum dispute resolution scheme, including the appointment of a Dispute Resolution Adviser to provide the industry with a cost‐effective alternative to taking action in the courts.
The new Regulations are available here: https://www.legislation.gov.au/Details/F2017L00223