10Supply of motor fuel

#### 10 Supply of motor fuel (1) The succeeding provisions of this section apply in relation to a franchise agreement to the extent that they are not inconsistent with the operation of an emergency law (including a direction or order given or made under such a law). (2) The franchisor shall, during the term of the franchise agreement, supply to the franchisee at the marketing premises such quantity of motor fuel as is from time to time reasonably required by the franchisee for retail sale by him at the premises. (3) In relation to a franchise agreement in effect immediately before the commencement of this Act, the amounts payable by the franchisee in respect of any motor fuel supplied to him by the franchisor under subsection (2) in excess of the quantity that the franchisor is required to supply to him in accordance with that agreement shall be as are agreed between the franchisor and the franchisee or, failing agreement, as are determined by a court. (4) Subsection (2) does not apply during any period in which: (a) the franchisee fails or refuses to comply with a provision of the franchise agreement relating to payment with respect to motor fuel supplied or to be supplied in pursuance of that subsection; or (b) the franchisor is, by reason of a shortage of supplies, an industrial dispute or circumstances beyond its control, unable to supply motor fuel to the franchisee in accordance with that subsection. (5) Where paragraph (4)(b) applies, the franchisor shall use its best endeavours to supply motor fuel to all persons who are franchisees in relation to franchise agreements to which the franchisor is a party (in this subsection referred to as its franchisees) in such manner as is fair and equitable as between each of its franchisees and as between its franchisees and any other persons to whom it supplies motor fuel, having regard to the respective needs of its franchisees, of those other persons and of the public. (6) In any proceedings involving a question arising under subsection (2), if this subsection is capable of application and the franchisee informs the court that he wishes to rely on this subsection, the court shall presume, unless the contrary is established, that the quantity of motor fuel reasonably required by the franchisee to be supplied by the franchisor for retail sale at the marketing premises in a particular month is equal to the quantity that was supplied by prescribed persons in the corresponding month of the preceding year to the franchisee for retail sale at those premises, whether or not the franchise agreement concerned was in effect, or was a franchise agreement to which this Act applied, at that time. (7) In this section, emergency law means a law of the Commonwealth or of a State or Territory controlling, directing, restricting or prohibiting the sale, supply, use or consumption of motor fuel during a period of interruption, reduction or cessation of normal supplies of motor fuel, other than a law declared by the regulations not to be an emergency law for the purposes of this section.