What the ACCC does
- We monitor the effectiveness of the code.
- We take reports about alleged breaches of the code.
- We may take enforcement or other action.
What the ACCC can't do
- We don’t get involved in disputes between suppliers and retailers.
The Oil Code of Conduct is a mandatory code covering the sale, supply or purchase of declared petroleum products.
The code regulates the conduct of suppliers, distributors and retailers of fuel.
Declared petroleum products include the following fuels:
A terminal gate price is the wholesale price for a declared petroleum product.
The price is:
All wholesale suppliers must set a terminal gate price and display it each day on a website. More than one price may be set per day, however, the new price must replace all previous prices.
If the terminal gate price cannot be displayed on a publicly accessible website, the terminal gate price must be made available by phone or fax.
Fuel re-selling agreements are contracts between a supplier and a retailer. These agreements have a minimum duration and the following terms:
There are some things retailers should know before entering into a fuel re-selling agreement.
The supplier must give a copy of the code and a disclosure document to the retailer at least 14 days before:
The code sets out what information must be included in the disclosure document.
Before entering into an agreement, a fuel retailer should get independent advice, such as:
To enter into a fuel re-selling agreement, a retailer must provide a statement to the supplier confirming the retailer:
A fuel retailer may end an agreement within 7 days after signing the agreement or paying any money under the agreement, whichever comes first.
The code requires 2 sets of sales documents to be given to retailers.
The first document must be given at delivery and contain the following information:
If the price per temperature-corrected litre and the terminal gate price are available on a public website, they don’t need to be provided at delivery.
The second document must be given within 30 days of delivery and contain the following information:
Both documents can be given at delivery.
Suppliers and retailers should attempt to resolve a dispute themselves.
Mediation is a good way to resolve disputes without going through complex and costly legal action. The parties to mediation must act in good faith.
A trained mediator can help resolve a dispute.
The Australian Small Business and Family Enterprise Ombudsman, or ASBFEO, can provide parties with information on the code and access to mediation services. ASBFEO maintains a specialist panel of trained mediators across each state and territory. All mediators are accredited under the National Mediator Accreditation Standards system.
Visit the ASBFEO website, email info@asbfeo.gov.au or call 1300 650 460.
Each party will be responsible for costs associated with the mediation or any help to resolve the dispute.