29Disclosure of materially relevant facts

29 Disclosure of materially relevant facts

(1) If a disclosure document does not mention a matter mentioned in subclause (2), the supplier must notify a retailer or prospective retailer of that fact within a reasonable time (but not more than 14 days) after the supplier becomes aware of the matter. (2) For the purposes of subclause (1), the matters are as follows: (a) a change in majority ownership or control of the supplier; (b) court proceedings by a public agency, alleging: (i) a breach of a fuel re‑selling agreement; or (ii) a contravention of the Act; or (iii) a contravention of the Corporations Act 2001, or regulations made for that Act; or (iv) unconscionable conduct; or (v) misconduct; or (vi) an offence of dishonesty; (c) a judgment in criminal or civil proceedings, identifying any of the matters mentioned in paragraph (b); (d) an award in an arbitration against the supplier in Australia, identifying any of the matters mentioned in paragraph (b); (e) a court enforceable undertaking given by the supplier to a public agency, identifying any of the matters mentioned in paragraph (b); (f) a judgment against the supplier under: (i) Part 3 of the Independent Contractors Act 2006; or (ii) section 106 of the Industrial Relations Act 1996 (NSW); or (iii) section 276 of the Industrial Relations Act 1999 (Qld); other than a judgment in relation to the unfair dismissal of an employee; (g) a civil proceeding in Australia against the supplier by the lesser of: (i) 10% of the supplier’s retailers in Australia; or (ii) 10 of the supplier’s retailers in Australia; (h) any judgment that is entered against the supplier in Australia, and is not discharged within 28 days, for at least: (i) for a small proprietary company (within the meaning of the Corporations Act 2001)—$100,000; or (ii) for any other company—$1,000,000; (i) a judgment that is entered against the supplier in a matter mentioned in: (i) if the disclosure document is in accordance with Annexure 1—paragraph 4.2(a) of the disclosure document; or (ii) if the disclosure document is in accordance with Annexure 2—paragraph 3.2(a) of the disclosure document; (j) the supplier becoming a Chapter 5 body corporate. (3) For the purposes of paragraphs (2)(b) to (i), the supplier must also notify the retailer or prospective retailer of the following: (a) the names of the parties to the proceedings; (b) the name of the court or tribunal; (c) the case number; (d) the general nature of the proceedings; (e) the current status of the proceedings; (f) if the proceedings have been completed—the outcome of the proceedings. (4) For the purposes of paragraph (2)(j), the supplier must also notify the retailer or prospective retailer of the name and address of the administrator, controller, liquidator or restructuring practitioner.