43Senior managers are to oversee interactions with suppliers

43 Senior managers are to oversee interactions with suppliers

(1) A large grocery business must: (a) appoint one or more of its senior managers to oversee its interactions with its suppliers; and (b) take all reasonable steps to ensure that such a senior manager oversees such interactions at all times.

Civil penalty:

(a) for a contravention by a body corporate—3,200 penalty units; or
(b) for a contravention by a person who is not a body corporate—640 penalty units.

(2) For each such appointment of a senior manager for interactions with one or more suppliers, the large grocery business must notify the Commission and each of those suppliers, in writing, of: (a) the appointment; and (b) the senior manager’s contact details; before the tenth business day after the day of the appointment.

Civil penalty:

(a) for a contravention by a body corporate—3,200 penalty units; or
(b) for a contravention by a person who is not a body corporate—640 penalty units.

(3) If such an appointment ceases, the large grocery business must notify the Commission and each of those suppliers, in writing, of the cessation before the tenth business day after the day of the cessation.

Civil penalty:

(a) for a contravention by a body corporate—3,200 penalty units; or
(b) for a contravention by a person who is not a body corporate—640 penalty units.

(4) Without limiting subsection (1), an interaction with a supplier includes an interaction by another person for or on behalf of the large grocery business such as an interaction involving a buyer, member of a buying team, senior buyer or category manager.

Note: A senior manager appointed for the purposes of subsection (1) could also perform one of these roles, such as a senior buyer.