36Termination by supplier—special circumstances

36 Termination by supplier—special circumstances

(1) A supplier is not required to comply with clause 35 if the retailer: (a) no longer holds a licence that the retailer must hold to carry on the fuel re‑selling business; or (b) becomes bankrupt, insolvent under administration or a Chapter 5 body corporate; or (c) voluntarily abandons the fuel re‑selling business; or (d) is convicted of a serious offence; or (e) operates the fuel re‑selling business at a retail site, or an associated business conducted on the retail site, in a way that is fraudulent or that endangers public health, safety or the environment; or (f) agrees to the termination of the fuel re‑selling agreement; or (g) breaches the fuel re‑selling agreement, otherwise than by behaviour described in paragraphs (a) to (f), at least 3 times; or (h) is likely, by continued occupation of a retail site to which the fuel re‑selling agreement relates, to cause substantial damage to the business, property or reputation of the supplier; or (i) if the fuel re‑selling agreement is a commission agency—fails to bank the supplier’s money under the commission agency. (2) A supplier is not required to comply with clause 35 in relation to a fuel re‑selling agreement relating to a particular retail site if: (a) the whole or a substantial part of the site is to be acquired by, or by a public authority of, the Commonwealth, a State or a Territory under a law relating to the compulsory acquisition of land; or (b) the sale of motor fuel at the site is prohibited by or under a law relating to the use of land.