34Transfer of the fuel re‑selling agreement

34 Transfer of the fuel re‑selling agreement

(1) A request for a supplier’s consent to the transfer of a fuel re‑selling agreement must be made in writing. (2) A supplier must not unreasonably withhold consent to the transfer. (3) For the purposes of subclause (2), circumstances in which it is reasonable for a supplier to withhold consent include the following: (a) the proposed transferee is unlikely to be able to meet the financial obligations that the proposed transferee would have under the fuel re‑selling agreement; (b) the proposed transferee does not meet a reasonable requirement of the agreement for the transfer of the agreement; (c) the proposed transferee has not met the selection criteria set out in the disclosure document given to the retailer under clause 16; (d) the disclosure obligations under Division 2 have not been met; (e) the proposed transferee does not agree in writing to comply with the obligations of the retailer under the fuel re‑selling agreement; (f) the retailer has not paid, or made reasonable provision to pay, an amount owing to the supplier; (g) the retailer has breached the fuel re‑selling agreement, and has not remedied the breach.

Note: For paragraph (3)(c), see paragraph 21.4(j) of Annexure 1 (which sets out the requirement for selection criteria to be included in the disclosure documents).

(4) The supplier is taken to have given consent to the transfer if the supplier does not, within 42 days after the request was made, give to the retailer written notice: (a) that consent is withheld; and (b) setting out why consent is withheld.