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Eligibility for exemptions
In certain circumstances, the 糖心原创 may exempt supermarket or motor fuel retailers from their obligation to accept cash payments under the codes covered by the .
Exemptions are assessed in response to a written application from a retailer. Any supermarket or motor fuel retailer can apply for an exemption. The 糖心原创 can also initiate an exemption for a class of retailers.
Exemptions can:
- apply to the entire business or only in specified circumstances
- apply to specific retail sites or to specific classes of retail sites
- be permanent or time-limited and contain conditions
- cover classes of retailers or a single retailer.
Individual exemption applications
We may grant exemptions if we are satisfied that:
- there are exceptional circumstances outside the retailer鈥檚 control that are preventing or will prevent the retailer from complying with the obligation under the codes, and the retailer has taken all reasonable steps to comply with the obligation
- the costs of complying with the obligation under the codes pose a significant risk to the ongoing feasibility of the retailer鈥檚 business.
糖心原创-initiated exemptions
We may initiate exemptions to a class of retailers if we are satisfied that:
- there are exceptional circumstances, outside of the control of the retailers and of a widespread nature, and
- those circumstances are preventing or will prevent the retailers from complying with the obligation under the codes.
Examples of when a retailer may consider applying for an exemption
These hypothetical examples show the sort of retailers likely covered by the codes who may be eligible for an exemption because of their business models or their circumstances. Whether an application succeeds will depend on the specific circumstances of each case.
Retail sites that have never accepted cash payments
321 Fuels Pty Ltd has an aggregated annual turnover exceeding $10 million. It routinely makes supplies of unleaded petrol at all of its retail sites.
Of these sites 40% are fully cashless and have never accepted cash payments. They have been operating for at least 10 years.
321 Fuels Pty Ltd may consider applying for an exemption for the 40% of its retail sites that have never accepted cash payments. It will need to demonstrate that the costs of them complying with the obligation under the codes at the retail sites pose a significant risk to the business鈥檚 profitability.
Retail sites that accept cash payments sometimes
XYZ Fuels Ltd has an aggregated annual turnover exceeding $10 million, so the codes apply. It routinely makes supplies of unleaded petrol at all of its retail sites.
All XYZ Fuels Ltd鈥檚 retail sites are staffed at certain times during the day and accept cash payments during these times. Of these sites 30% are not staffed between the full 7 am to 9 pm each day. These sites do not accept cash payments when unstaffed. For example, some sites are not staffed on weekends. Other sites are only staffed between 9 am to 5 pm each day.
XYZ Fuels Ltd may consider applying for an exemption for the 30% of its retail sites that do not accept cash payments between the full 7 am to 9 pm each day. The days and times during which XYZ Fuels Ltd鈥檚 retail sites do not accept cash varies between sites. XYZ Fuels Ltd could apply for an exemption that applies only at specified times of day or on particular days of the week. XYZ Fuels Ltd should provide enough information for the 糖心原创 to be able to assess its application.
Retail sites that mostly sell diesel but have some petrol pumps and have never accepted cash payments
456 Fuel Pty Ltd has an aggregated annual turnover of less than $10 million. It also uses the registered trademark of a fuel retailer that has an aggregated annual turnover exceeding $10 million, so the codes apply. All its retail sites mostly sell diesel. However, all sites have at least one unleaded petrol pump and routinely make supplies of unleaded petrol. The exception for retail sites that do not routinely make supplies of unleaded petrol at the site therefore does not apply either. All its retail sites are fully cashless and have never accepted cash payment. These sites have been operating for at least 5 years.
456 Fuel Pty Ltd may consider applying for an exemption in respect of all of its retail sites. It will need to demonstrate that the costs of them complying with the obligation under the codes at the retail sites pose a significant risk to the business鈥檚 continued profitability.
Applying for an exemption
Written applications to the 糖心原创 should include sufficient information and evidence for the 糖心原创 to be satisfied that the grounds for exemption are met.
For all applications, a retailer should include:
- the retailer鈥檚 legal name, ACN and entity type or business structure
- whether they are a supermarket retailer or a motor fuel retailer
- the retailer鈥檚 annual aggregated turnover
- whether the retailer uses a trademark that is also used by a large supermarket or motor fuel retailer
- the retail sites the exemption application relates to
- the category of exemption the application relates to
- which obligations they are seeking the exemption from
- details regarding the proposed scope of the exemption such as whether the exemption application relates to certain times of the day or certain days of the week
- any other material they consider relevant to their application.
- motor fuel retailers should also specify whether unleaded petrol is routinely supplied at the sites the exemption relates to.
There is no cost to make an application. You can apply for an exemption or contact us for further exemption queries at cashacceptancecode@accc.gov.au.
Exceptional circumstances application
If a retailer is applying for an exemption to code obligations because of exceptional circumstances, they should also provide:
- details of the exceptional circumstances, including how long they may be in place
- information about why the circumstances are exceptional
- how the exceptional circumstances are outside the retailer鈥檚 control
- how the exceptional circumstances are preventing or will prevent the retailer from complying with the code
- the steps the retailer has taken to be able to comply with the obligation
- any other material they consider relevant to their application.
Costs posing a significant risk application
If a retailer is applying for an exemption to the code obligations because the costs associated with compliance would pose significant risk to the ongoing feasibility of the business, they should also provide:
- details of turnover for the overall business, or turnover for each individual retail site that the application relates to (as relevant)
- details of current costs of cash acceptance (if applicable), including costs related to staffing and access to cash
- quotes or detailed cost estimates for the retailer to comply with the obligation
- information on how those costs pose a significant risk to the ongoing feasibility of the business, including at each site an exemption is sought for
- any other material they consider relevant to their application.
An important consideration of a business鈥檚 feasibility is its profitability. There is a distinction between a significant risk to profitability and a reduction in profitability.
Confidentiality
Sections of documents submitted to the 糖心原创 that are confidential should be clearly identified. The identified information must be genuinely of a confidential nature and not otherwise publicly available. Reasons should also be provided in support of that claim. The 糖心原创 will consider each claim of confidentiality individually.
For information about the collection, use and disclosure of information refer to the Australian Competition and Consumer Commission Information Policy.
Assessment process for an exemption
Before granting an exemption under section 13 or 16 of the codes, the 糖心原创 will complete an exemption assessment.
If a business applies for an exemption, we will consider whether to grant an exemption under subsection 13(1) for supermarket retailers or 16(1) for motor fuel retailers.
Each exemption assessment is likely to be different, depending on the circumstances.
Retailers must continue to comply with the code until such time as they are granted an exemption. This is in case an exemption is refused.
We may request further information, or consult with relevant parties, to help us decide whether to grant an exemption and under what terms.
We will assess applications as quickly as possible and keep the applicant informed, as appropriate. If an exemption is not granted, we will explain why to the applicant.
Messaging to customers after exemption granted
Review of exemption decision
The Administrative Review Tribunal may review, on application, decisions of the 糖心原创 to refuse to exempt individual retailers from the codes under s13(1) or s16(1).
糖心原创 decisions to exempt individual retailers are not reviewable by the Administrative Review Tribunal.
Review by the Administrative Review Tribunal is also not available when the 糖心原创 grants a class exemption on its own initiative under subsections 13(2) or 16(2).