78Keeping records

78 Keeping records

(1) A retailer or wholesaler must keep the original or a copy of each grocery supply agreement to which the retailer or wholesaler becomes a party while the retailer or wholesaler is a large grocery business: (a) during the term of the agreement; and (b) for 6 years after the agreement ends.

Note: This includes any document comprising the agreement or made, from time to time, under the agreement (see the definition of grocery supply agreement in section 5).

Civil penalty:

(a) for a contravention by a body corporate—the amount under section 14A; or
(b) for a contravention by a person who is not a body corporate—$500,000.

(2) A retailer or wholesaler must keep the original or a copy of each of the following documents for at least 6 years after the document is made or given (the relevant time), if the retailer or wholesaler was a large grocery business at the relevant time: (a) any additional or different quantity and quality requirements agreed under subsection 19(2); (b) notice of variation of a grocery supply agreement given under paragraph 20(2)(e); (c) written consent from a supplier to the set‑off of an amount against the supplier’s invoice or remittance under paragraph 22(2)(a); (d) notice of a decision to delist a product given under subsection 32(6); (e) a request of a kind mentioned in subsection 32(8), and any statement or information given as a result of such a request; (f) notice of the outcome of the review of a decision to delist a product given under subsection 32(9); (g) reasons for rejection of fresh produce given under subsection 34(5); (h) notice of required changes to packaging, labelling or preparation standards given under subsection 34(7); (i) notice of a material change to supply chain procedures given under paragraph 35(2)(a); (j) a written summary of systems relating to confidential information created under subsection 38(3); (k) product ranging principles or shelf space allocation principles published or provided to a supplier under subsection 39(1); (l) notice of a range review given under subsection 39(4); (m) a proposed price increase notified by a supplier under subsection 40(1); (n) a notification given under subsection 40(2); (o) a request to enter into negotiations about a price increase made in writing by a supplier under subsection 40(3); (p) a notice that a complaint is vexatious, trivial, misconceived or lacking in substance given under subsection 52(1); (q) a copy of a Code Mediator’s report given to the large grocery business under section 59; (r) a written record of training provided under section 77; (s) any other document provided to a large grocery business by a supplier that shows, or purports to show, that the large grocery business has complied, or not complied, with a provision of this Code.