Competition and Consumer (Industry Codes—Horticulture) Regulations 2017
8Obligation to deal in good faith
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8 Obligation to deal in good faith
(1) A trader must at all times deal with a grower in good faith within the meaning of the unwritten law as in force from time to time.
Civil penalty: 300 penalty units.
(2) A grower must at all times deal with a trader in good faith within the meaning of the unwritten law as in force from time to time.
Civil penalty: 300 penalty units.
(3) In determining whether the trader or the grower has dealt in good faith with the other, the following may be taken into account: (a) whether the trading relationship between the trader and the grower has been conducted without duress; (b) whether the trader or the grower acted honestly and not arbitrarily. (4) Subclause (3) does not limit subclause (1) or (2).