11Supplying declared petroleum products

11 Supplying declared petroleum products

(1) A wholesale supplier of a declared petroleum product must not unreasonably refuse to sell the product by wholesale to a customer. (2) However, the wholesale supplier is not required to supply the declared petroleum product to a customer if the wholesale supplier: (a) does not have sufficient supplies of the declared petroleum product that the wholesale supplier can reasonably provide to meet the customer’s requirements; or (b) reasonably believes that the customer is unable to pay for the supply; or (c) reasonably believes that the customer is unable to receive or transport the declared petroleum product in compliance with all occupational, health and safety requirements applicable to the customer and the declared petroleum product.

Note: Paragraph (2)(a) does not require a wholesale supplier to supply a declared petroleum product to a customer as a spot sale if the supplier only has sufficient supplies to meet the requirements of the wholesale supplier’s contract customers. The wholesale supplier’s refusal to supply the declared petroleum product would be a reasonable refusal to supply because it would breach the contracts with the contract customers.

(3) If a wholesale supplier advertises a minimum amount of declared petroleum product that the supplier will supply as a spot sale, the wholesale supplier is not required to accept a request for the supply of an amount of the declared petroleum product if the requested amount is less than the advertised minimum amount.