7Operation of retail sites

#### 7 Operation of retail sites (1) For the purposes of this Act, a retail site shall, subject to subsections (2) and (3), be taken to be operated by a prescribed corporation during a particular month if: (a) on any day or days during that month, the corporation owns, or is a lessee or licensee in respect of, that site; and (b) on that day or any of those days, motor fuel is, at that site: (i) sold by retail by or on behalf of the corporation; or (ii) sold by retail by a person (as servant or agent of another person) under an agreement to which the corporation is a party, where, under that agreement or any other agreement to which the corporation is a party, the corporation receives or is entitled to receive any payments in respect of any such sale or sales, other than payments in respect of the purchase of that motor fuel by that person from the corporation. (2) Except for the purposes of paragraph 8(2)(b), a retail site shall not be taken to be operated during a particular month by a prescribed corporation if the quantity of motor fuel that was sold by retail at the site during that month: (a) by or on behalf of the corporation; or (b) by a person under an agreement referred to in subparagraph (1)(b)(ii), (otherwise than by way of exempt retail sales) was less than 30,000 litres or such other number of litres as is prescribed. (3) A retail site shall not be taken to be operated by a prescribed corporation during a month if a franchise agreement relating to the site is in effect at anytime during that month. (4) In this section: > authority of the Commonwealth means: (a) a body, whether incorporated or unincorporated, established for a public purpose by or under a law of the Commonwealth or of a Territory; or (b) any other body, being: (i) a body, whether incorporated or unincorporated, established by the Governor‑General or by a Minister; or (ii) an incorporated company in which the Commonwealth or a body corporate falling within paragraph (a) or subparagraph (i) of this paragraph has a controlling interest. > authority of a State means: (a) an authority, whether incorporated or unincorporated, established for a public purpose by or under a law of a State; or (b) a local governing body established under a law of a State. > exempt retail sale means a sale by retail to the Commonwealth or a State or an authority of the Commonwealth or of a State. > State includes the Northern Territory.