28Marketing and other cooperative funds

28 Marketing and other cooperative funds

(1) If a fuel re‑selling agreement provides that a retailer must pay money to a marketing fund, or another cooperative fund, the supplier must: (a) within 3 months after the end of each financial year for the fund, prepare an annual financial statement of the fund’s receipts and expenses for that financial year, including the amount spent on production, advertising, administration, goods or services supplied by the supplier or an associate of the supplier, and other stated expenses; and (b) have the statement audited by a registered company auditor within 3 months after the end of the financial year to which the statement relates; and (c) if the retailer asks for a copy of the statement—give a copy of the statement to the retailer within 30 days after the request. (2) However, a supplier is not required to comply with paragraph (1)(b) for a financial year if 75% or more of the supplier’s retailers in Australia, who contribute to the fund, agree that the supplier is not required to comply.