20Requirements before entering into fuel re‑selling agreement

20 Requirements before entering into fuel re‑selling agreement

(1) A supplier must not: (a) enter into, renew or extend a fuel re‑selling agreement with another party; or (b) enter into an agreement with another party to enter into, renew or extend a fuel re‑selling agreement; or (c) accept non‑refundable money from another party under a fuel re‑selling agreement or an agreement to enter into a fuel re‑selling agreement; unless the supplier has received from the other party a written statement that the other party has received, read, and had a reasonable opportunity to understand: (d) this code; and (e) the disclosure document in relation to the agreement. (2) A supplier must not enter into, renew or extend a fuel re‑selling agreement if the agreement includes a condition that requires the other party to not disclose their name, business address, ABN, ACN or ARBN. (3) A supplier must not enter into a fuel re‑selling agreement unless the supplier has received a statement, signed by the other party, that the other party: (a) has been given advice about the proposed fuel re‑selling agreement, or fuel re‑selling business, by: (i) an independent legal adviser; or (ii) an independent business adviser; or (iii) an independent accountant; or (iv) a relevant trade association; or (b) has been told that the other party should obtain advice of that kind, but has decided not to seek it. (4) Subclause (3) does not: (a) apply to the renewal or extension of a fuel re‑selling agreement; or (b) prevent a supplier from requiring the other party to give the supplier a particular statement mentioned in paragraph (3)(a).