12AApplication of this Part

12A Application of this Part

(1) Subject to subclause (2), this Part applies to: (a) a fuel re‑selling agreement, including a fuel re‑selling agreement entered into before 1 April 2017; and (b) any other retail activities that are: (i) covered by a fuel re‑selling agreement; or (ii) undertaken by a retailer for a supplier on a retail site to which a fuel re‑selling agreement between the supplier and the retailer applies. (2) This Part does not apply to a fuel re‑selling agreement if: (a) the supplier reasonably believes that the amount of motor fuel that will be sold by retail at all the retail sites to which the agreement relates will be a combined total of less than 30,000 litres for each month of the term of the agreement; and (b) at least 3 days before entering the agreement, the supplier gave the retailer a written statement setting out the grounds for the belief. (3) In any proceedings in which a supplier claims to have had the belief mentioned in paragraph (2)(a), the supplier: (a) must establish that: (i) a written statement was given under paragraph (2)(b) setting out the grounds for the belief; and (ii) the grounds for the belief were reasonable; and (b) cannot rely on any other grounds for the belief.