Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) Commission;
(b) consumer;
(c) corporation;
(d) industry code.
In this instrument:
acceptance period, for a proposed remedy, has the meaning given by section 56.
Act means the Competition and Consumer Act 2010.
ADR practitioner means a mediator or arbitrator.
ADR process means mediation or arbitration.
allowable contrary provision: a provision of a grocery supply agreement is an allowable contrary provision if:
(a) the provision is contrary to a protective provision of the Code mentioned in any of paragraphs 19(3)(a) to (g); and
(b) paragraphs 19(3)(h) to (j) are complied with in relation to the provision of the agreement.
buying team means the persons who are employed or otherwise engaged by a large grocery business each of whom having a role that includes at least one of the following:
(a) direct involvement in buying grocery products;
(b) immediate management responsibility for a person whose role is covered by paragraph (a).
category manager means a person who is employed or otherwise engaged by a large grocery business who is responsible for a category of grocery products at the large grocery business.
Code means the industry code set out in Part 2.
Code Mediator means a Code Mediator appointed under subsection 46(1).
Code Supervisor means the Code Supervisor appointed under subsection 60(2).
covered revenue: see section 8.
delists: see subsection 32(3).
evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.
grocery products include (without limitation) the following:
(a) food;
(b) non‑alcoholic drinks;
(c) household products including electrical appliances, kitchenware and cleaning products;
(d) personal care products including toiletries, cosmetics, first aid products and medicine (other than prescription medicine);
(e) stationery products, magazines and newspapers;
(f) tobacco and tobacco products;
(g) pet food and pet care products;
(h) plants, flowers and gardening equipment;
but do not include the following:
(i) food sold for in‑store consumption;
(j) non‑alcoholic drinks sold for in‑store consumption;
(k) alcoholic drinks.
grocery supply agreement means any agreement between a large grocery business and a supplier that relates to the supply of grocery products to or for the purposes of a supermarket business (whether or not the agreement is the principal agreement between them relating to the supply of grocery products) and includes any document:
(a) comprising the agreement; or
(b) made, from time to time, under the agreement.
incentive scheme means any arrangement by a large grocery business to reward a person who is employed or otherwise engaged by the large grocery business for meeting targets set by the large grocery business in relation to the supply or financial performance of:
(a) a grocery product; or
(b) a category or group of grocery products.
large grocery business means a corporation that is a large retailer, or a large wholesaler, if:
(a) the corporation is or has been required to notify the Commission under section 45 (about becoming or ceasing to be a large grocery business); and
(b) the last such requirement is or was under subsection 45(1) (about becoming a large grocery business).
large retailer: see section 8.
large wholesaler: see section 8.
old Code means the code set out in Schedule 1 to the Competition and Consumer (Industry Codes—Food and Grocery) Regulation 2015, as in force immediately before 1 April 2025.
original complaint: see subsection 62(1).
own brand product means a grocery product:
(a) produced, processed or manufactured by a large grocery business; or
(b) produced, processed or manufactured for a large grocery business (including by a supplier); or
(c) that carries a name or trade mark owned by, or licensed to, a large grocery business.
promotion means any offer for sale (whether or not accompanied by some other benefit to a consumer):
(a) at an introductory or reduced price, or involving non‑standard sales activity; and
(b) as agreed between a large grocery business and a supplier; and
(c) that is intended to last only for a specified period.
proposed remedy, for dealing with a complaint under Subdivision A of Division 5 of Part 2, has the meaning given by subsection 54(3).
retailer means a corporation to the extent that it carries on a supermarket business in Australia.
retribution: see section 7.
review request: see subsection 62(2).
senior buyer, for a supplier, means the person within a buying team of a large grocery business who manages the buyers who buy from the supplier.
senior manager has the same meaning as in the Corporations Act 2001.
shrinkage means a loss of grocery products that:
(a) occurs after a large grocery business has taken possession of them; and
(b) arises from theft, other loss or accounting error.
supermarket business means a business if:
(a) the main purpose of the business is the retail sale of grocery products to consumers; and
(b) a substantial proportion of those grocery products is food that is not for in‑store consumption.
supplier: see section 6.
wholesaler means a corporation to the extent that it carries on a business of purchasing grocery products from suppliers for the purpose of resale to a person carrying on a supermarket business in Australia.