Competition and Consumer (Industry Codes—Food and Grocery) Regulations 2024 (Cth)

Competition and Consumer (Industry Codes—Food and Grocery) Regulations 2024

I, the Honourable Sam Mostyn AC, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 12 December 2024

Sam Mostyn AC Governor‑General

By Her Excellency's Command

Dr Andrew Leigh Assistant Minister for Competition, Charities and Treasury Parliamentary Secretary to the Treasurer

Contents Part 1—Preliminary Division 1—Preliminary 1 Name 2 Commencement 3 Authority 4 Simplified outline of this instrument Division 2—Definitions etc. 5 Definitions 6 Meaning of supplier 7 Meaning of retribution 8 Meaning of large retailer and large wholesaler Division 3—Mandatory industry code 9 Mandatory industry code 10 Review of Code Part 2—Food and grocery industry code Division 1—Preliminary 11 Food and grocery industry code 12 Purposes of Code 13 Interaction with other industry codes 14 Civil penalty provisions of this Code 15 Function of Australian Small Business and Family Enterprise Ombudsman Division 2—Good faith 16 Obligation to deal with suppliers lawfully and in good faith 17 Obligation to act in good faith must not be excluded Division 3—Grocery supply agreements 18 Grocery supply agreements must be in writing 19 Matters to be covered by agreements 20 Unilateral variation of agreements 21 Retrospective variation of agreements Division 4—Conduct generally Subdivision A—Paying suppliers 22 Payments to suppliers Subdivision B—Requiring payments from suppliers 23 Payments for shrinkage 24 Payments for wastage 25 Payments as a condition of being a supplier 26 Payments for better positioning of grocery products—retailers 27 Payments for ordinary business activities 28 Funding promotions Subdivision C—Other conduct 29 Incentive schemes 30 Retribution 31 Policies and procedures to protect against retribution 32 Delisting products 33 Funded promotions 34 Fresh produce 35 Changes to supply chain procedures 36 Intellectual property rights 37 Transfer of intellectual property rights 38 Confidential information 39 Product ranging, shelf space allocation and range reviews 40 Price increases 41 Information about price increases 42 Freedom of association 43 Senior managers are to oversee interactions with suppliers 44 Provision of contact details 45 Requirement to notify Commission Division 5—Dispute resolution Subdivision A—Investigations by a Code Mediator 46 Each large grocery business must appoint a Code Mediator 47 Notifying details of the Code Mediator's appointment 48 Code Mediator's functions 49 Complaints handling procedures 50 Referring complaints to the Code Mediator 51 Investigations by the Code Mediator—timing 52 Investigations by the Code Mediator—vexatious complaints etc. 53 Investigations by the Code Mediator—all other complaints 54 Investigations by the Code Mediator—recommendations (including proposed remedies) 55 Agreeing to a proposed remedy 56 Acceptance period for a proposed remedy 57 Reconsideration by the Code Mediator if recommended to do so by the Code Supervisor 58 Records to be kept by the Code Mediator 59 Reports by the Code Mediator Subdivision B—Independent reviews by the Code Supervisor 60 Code Supervisor 61 Code Supervisor's functions 62 Supplier may request an independent review of Code Mediator's process 63 Code Supervisor's discretion to conduct an independent review 64 The independent review 65 Reports by the Code Supervisor 66 Annual survey Subdivision C—ADR processes 67 Initiating an ADR process 68 Appointing an ADR practitioner to conduct an ADR process 69 Conduct of an ADR process 70 When a party is taken to attend an ADR process 71 When a party is taken to be trying to resolve a dispute 72 Termination of an ADR process by an ADR practitioner 73 Costs of an ADR process Subdivision D—Confidentiality requirements 74 Confidentiality—Code Mediators 75 Confidentiality—Code Supervisor 76 Confidentiality—parties to an ADR process Division 6—Compliance 77 Duty to train staff with respect to this Code 78 Keeping records Division 7—Miscellaneous 79 Acquisition of property Part 3—Application, saving and transitional provisions 80 Application—initial large grocery businesses 81 Application—agreements entered into before 1 April 2025 82 Transitional—transition from Code Arbiter to Code Mediator 83 Transitional—Code Mediator's first annual report 84 Transitional—Code Supervisor's first annual report 85 Application—Code Supervisor's annual survey 86 Saving—record‑keeping obligations under the old Code 87 Saving—appointment of the Independent Reviewer under the old Code 88 Saving—pending dispute resolution processes under the old Code