Commonwealth Numbered Acts

PETROLEUM RETAIL MARKETING FRANCHISE AMENDMENT ACT 1984 No. 122, 1984 - SECT 25

25. (1) In this section-

"amended Act" means the Principal Act as amended by this Act;

"bulk site agreement" means a franchise agreement, where, of the volume of
petroleum products in liquid form dealt with at the marketing premises during
so much of the currency of the agreement as occurred during the year 1984, not
more than 25% was motor fuel sold by retail at those premises;

"commencing day" means 1 January 1985;

"date of expiry", in relation to a franchise agreement, has the same meaning
as in section 17 of the amended Act;

"franchise agreement", except in sub-section (8) or (11), means a franchise
agreement described in paragraph 6 (1) (a) or (b) of the Principal Act;

"prescribed franchise agreement" means a franchise agreement in relation to
which the Principal Act applied immediately before the commencing day;

"Principal Act" means the Principal Act as in force before the commencing day.

(2) Except so far as the contrary intention appears, expressions used in this
section have the same respective meanings as in the amended Act,
notwithstanding that they may apply in relation to a time before the
commencing day.
(3) For the purposes of the definition of "bulk site agreement" in sub-section
(1), a quantity of a petroleum product shall be taken to have been dealt with
at marketing premises at a time if, and only if, at that time-

   (a)  it was sold from the premises (whether by wholesale or retail) and had
        not been previously sold from the premises; or

   (b)  it was transported from the premises for purposes of sale elsewhere
        (whether by wholesale or retail) and had not been previously
        transported from the premises for those purposes.

(4) For the purposes of this section, a franchise agreement shall be taken to
satisfy the volume test during a particular year if, and only if, the number
of litres of motor fuel supplied under the agreement or a related agreement by
prescribed persons and sold by retail by or on behalf of the franchisee
at the marketing premises during so much of the term of the agreement as
occurs during that year is equal to or greater than 360,000.

(5) Where a prescribed franchise agreement (other than a bulk site agreement)
in effect immediately before the commencing day satisfied the volume test in
the year 1984, then, subject to section 6 of the amended Act, that Act applies
in relation to the agreement on and after the commencing day and, in the
application of paragraph 17 (1) (c) of that Act to the agreement at a
particular time during the year 1985 or 1986, the reference in that paragraph
to any of the 3 years immediately preceding the date of expiry of the
agreement shall be read as a reference to-

   (a)  where that time occurs during the year 1985-the year immediately
        preceding that date; or

   (b)  where that time occurs during the year 1986-either of the 2 years
        immediately preceding that date.

(6) Where a prescribed franchise agreement (other than a bulk site agreement)
in effect immediately before the commencing day did not satisfy the volume
test in the year 1984, or a franchise agreement was entered into before, but
commenced on or after, that day-

   (a)  subject to section 6 of the amended Act, that Act, other than
        sections  17 , 17A and 17B, applies in relation to the agreement
        during the year 1985;

   (b)  if, but for this paragraph, the term of the agreement would expire in
        the year 1985, the term shall be deemed to be extended until the
        expiration of 1 January 1986; and

   (c)  subject to section 6 of the amended Act, that Act applies in relation
        to the agreement on and after that date and, in the application of
        paragraph 17 (1) (c) of that Act to the agreement at a particular time
        during the year 1986 or 1987, the reference in that paragraph to any
        of the 3 years immediately preceding the date of expiry of the
        agreement shall be read as a reference to-

        (i)    where that time occurs during the year 1986-the year
               immediately preceding that date; or

        (ii)   where that time occurs during the year 1987-either of the 2
               years immediately preceding that date.

(7) In relation to a bulk site agreement in effect immediately before the
commencing day, the amended Act does not apply at any time up to and including
the date of expiry of the agreement or, if the agreement has no date of
expiry, 30 June 1985, but, if the agreement is extended after that date,
whether by holding over or otherwise, then, subject to section 6 of that Act,
that Act applies in relation to the agreement as so extended.

(8) In relation to a franchise agreement (other than a prescribed franchise
agreement or a bulk site agreement) in effect immediately before the
commencing day-

   (a)  if the agreement did not satisfy the volume test during the year
        1984-the amended Act does not apply on or after the commencing day;
        and

   (b)  if the agreement satisfied the volume test during that year-subject to
        section 6 of the amended Act, that Act applies in relation to the
        agreement on and after that day and, in the application of paragraph
        17 (1) (c) of that Act to the agreement at a particular time during
        the year 1985 or 1986, the reference in that paragraph to any of the 3
        years immediately preceding the date of expiry of the agreement shall
        be read as a reference to-

        (i)    where that time occurs during the year 1985-the year
               immediately preceding that date; or

        (ii)   where that time occurs during the year 1986-either of the 2
               years immediately preceding that date.

(9) A statement in writing may be served for the purposes of paragraph 6 (1A)
(c) of the amended Act at any time before the commencing day.

(10) Where-

   (a)  a bulk site agreement was in effect immediately before the commencing
        day;

   (b)  the agreement is renewed immediately after the date of expiry of the
        agreement or a fresh franchise agreement relating to the same
        marketing premises is entered into within 45 days after that
        date of expiry; and

   (c)  a provision of the agreement as so renewed, or of the fresh agreement,
        as the case may be, would, but for sub-section 7 (1) of the
        amended Act, have the effect of restricting the volume of motor fuel
        to be sold by retail at the marketing premises, that sub-section does
        not apply to that provision by reason only that the provision would
        have that effect.

(11) Where-

   (a)  a franchise agreement (other than a prescribed franchise agreement)
        was entered into before the commencing day (whether or not the
        agreement commenced before that day);

   (b)  on or after that day, the amended Act commences to apply in relation
        to the agreement; and

   (c)  at the time when the amended Act so commences to apply, the agreement
        contains a provision such that, if the Principal Act had applied in
        relation to the agreement at the time when it was entered into, the
        agreement would have been entered into in contravention of sub-section
        9 (1) of the Principal Act, section 9 of the amended Act has effect as
        if the agreement had been entered into in contravention of that
        sub-section.

(12) A notice served under sub-section 11 (5) of the Principal Act not more
than 30 days before the commencing day has effect on and after that day as if
it had been served under sub-section 11 (5) of the amended Act, but, in
relation to such a notice, the period of 30 days referred to in sub-section 11
(5A) of the amended Act shall be deemed to commence on the commencing day.

(13) The amendments of section 15 of the Principal Act made by this Act do not
apply in relation to an agreement entered into before the commencing day
(whether or not the agreement commenced before that day), but a statement
supplied to a franchisee pursuant to that section before that day in relation
to an agreement entered into on or after that day has effect as if it had been
supplied under that section as so amended.

(14) Notwithstanding sub-sections (5), (6) and (7), where anything has been
done, or any step has been taken, before the commencing day by a person in
relation to the renewal or non-renewal of a prescribed franchise agreement
pursuant to section 17 of the Principal Act, that section shall be deemed to
continue in force, and sections 17, 17A and 17B of the amended Act do not
apply, in relation to that renewal or non-renewal of the agreement.

(15) The amendments of section 19 of the Principal Act made by this Act do not
apply in relation to any destruction or damage that occurred before the
commencing day.

(16) Where a franchisor has reasonable grounds to believe that the franchise
agreement is a bulk site agreement-

   (a)  paragraph 19A (b) of the amended Act has effect as if the purposes
        referred to in that paragraph included the purpose of ascertaining
        whether that belief is correct; and
(b) the expression "provision of this Act" in paragraph 21 (1) (a) of the
amended Act shall be read as including a reference to paragraph 19A (b) of
that Act as modified by this sub-section.

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