8Temporary operation of retail sites

#### 8 Temporary operation of retail sites (1) Except as provided by this section, a prescribed corporation shall not be taken for the purposes of this Act to operate a retail site temporarily during a particular month. (2) A prescribed corporation that operates a retail site during a particular month shall be taken for the purposes of this Act to operate the site temporarily during that month if: (a) before the 3 months immediately preceding that month, neither the corporation nor a related corporation operated the site; (b) the site is or has been, in a statement lodged under section 11 in relation to that month or an earlier month, specified as being temporarily operated; and (c) the site is not, in a statement so lodged in relation to that month, specified as not being temporarily operated. (3) Where a retail site has been rebuilt or restored, a prescribed corporation that operates the site during the month in which the rebuilding or restoration is completed or any subsequent month shall, subject to subsection (4), be taken for the purposes of this Act to operate the site temporarily during that month or that subsequent month, as the case may be. (4) A corporation shall not be taken for the purposes of this Act by virtue of subsection (3) to operate a retail site temporarily during any month occurring more than 3 months after the first month (being a month after the month in which the rebuilding or restoration is completed) during which the corporation operates that site, but nothing in this subsection prevents any fresh application of subsection (3) by reason of any further rebuilding or restoration of the site. (5) Where, during a particular month: (a) a prescribed corporation operates a retail site in relation to which a franchise agreement (being an agreement in relation to which the corporation was the franchisor) was in effect at a time before that month; and (b) the corporation proposes, in good faith and in the normal course of business: (i) to enter, as franchisor, into a fresh franchise agreement in relation to the site; or (ii) to enter into an agreement in pursuance of which motor fuel will be sold by retail at the site by a person (not being an employee of the corporation) acting as agent of the corporation, the corporation shall, subject to subsection (7), be taken for the purposes of this Act to operate the site temporarily during that month. (6) Where, during a particular month, a prescribed corporation operates a retail site and proposes, in good faith and in the normal course of business: (a) to dispose of its whole interest in the site and not acquire or re‑acquire any interest in the site; (b) to grant a lease of the site wholly for purposes other than the retail sale of motor fuel; or (c) to enter as franchisor into a franchise agreement in relation to the site, the corporation shall, subject to subsection (7), be taken for the purposes of this Act to operate the site temporarily during that month. (7) Subsection (5) or (6) does not apply in relation to the operation of a retail site by a prescribed corporation during more than 4 consecutive months, but nothing in this subsection prevents a fresh application of that subsection in relation to the operation of the site by the corporation: (a) in the case of subsection (5): after the corporation has entered into an agreement; or (b) in the case of subsection (6): after the corporation has granted a lease, or entered into an agreement, as the case may be, in pursuance of a proposal by reason of which that subsection last so applied.