4Definitions

4 Definitions

Note: A number of expressions used in this code are defined in the Act, including supply.

In this code:

ABN has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.

ACN has the meaning given by section 9 of the Corporations Act 2001.

Act means the Competition and Consumer Act 2010.

additional service means a service provided by a wholesale supplier that is:

(a) associated with an individual purchase of fuel by a customer from the wholesale supplier; and
(b) charged on a per litre basis or a per purchase basis.

Note: Example: Delivery, credit, brand services and franchise services.

ARBN has the same meaning as in the Corporations Act 2001.

associate, of a supplier, means:

(a) for a supplier that is a proprietary company—a person who:
(i) is a director, a related body corporate, or a director of a related body corporate, of the supplier; or
(ii) directly or indirectly owns, controls, or holds with power to vote, at least 15% of the issued voting shares in the supplier; or
(iii) is a partner of the supplier;
and whose relationship with the supplier is relevant to a fuel re‑selling agreement; and
(b) for a supplier that is not a proprietary company—a person who:
(i) is a director, a related body corporate, or a director of a related body corporate, of the supplier; or
(ii) is a partner of the supplier;
and whose relationship with the supplier is relevant to a fuel re‑selling agreement.

Chapter 5 body corporate has the same meaning as in the Corporations Act 2001.

commission agency means a fuel re‑selling agreement under which the retailer sells motor fuel at retail as an agent of the supplier.

complainant, in relation to a dispute to which Part 4 applies, means a person who initiates dispute resolution under that Part.

customer means:

(a) a person engaged in the business of retailing or wholesaling declared petroleum products; or
(b) a person engaged to act or work on behalf of a person mentioned in paragraph (a).

dealer council means an organisation made up of a supplier and a representative body of retailers with whom the supplier has fuel re‑selling agreements.