Australian Capital Territory Numbered Acts

FAIR TRADING (PETROLEUM RETAIL MARKETING) (NO 32 OF 1995)

TABLE OF PROVISIONS

           Long Title

   1.      This Act may be cited as the Fair Trading (Petroleum Retail Marketing) Act 1995.  
   2.      This Act shall be taken to have commenced on 17 August 1995.  
   3.      In this Act, unless the contrary intention appears—“Court” means the Supreme Court; “Franchise Act” means the Petroleum Retail Marketing Franchise Act 1980 of the Commonwealth; “franchise agreement” means a franchise agreement to which the Franchise Act applies; “gazettal day” means the day on which this Act is notified in the Gazette pursuant to subsection 25 (1) of the Australian Capital Territory (Self-Government) Act 1988 of the Commonwealth; “marketing premises” has the same meaning as in the Franchise Act; “prescribed corporation” means a corporation of the kind referred to in paragraph (a), (b) or (c) of the definition of “prescribed corporation” in subsection 3 (1) of the Sites Act; “prescribed oil company” has the same meaning as in the Sites Act; “retail site” has the same meaning as in the Sites Act; “Sites Act” means the Petroleum Retail Marketing Sites Act 1980 of the Commonwealth.  
   5.      An agreement under which a franchisee assigns 50% or more of his or her interest under a franchise agreement (in this Act called an “assignment agreement”) is illegal if—  
   6.      For the purposes of sections 4 and 5—  
   7.      (1) A prescribed oil company that is not a member of a group of prescribed corporations shall not operate in the Territory a number of retail sites exceeding the number of retail sites operated in the Territory by that company immediately before the gazettal day.  
   8.      (1) Sections 4, 5 and 7 of this Act have effect subject to any declaration in force under subsection (2).  
   10.     The parties to a franchise agreement or an assignment agreement—  
   14.     The Executive may make regulations for the purposes of this Act.