Competition and Consumer (Industry Codes—Cash Acceptance) (Perrys Fuel Distributors) Exemption Instrument 2026

The Australian Competition and Consumer Commission makes the following instrument.

Dated 30 July 2026    

[signed]

Catriona Lowe

Deputy Chair

Australian Competition and Consumer Commission

Australian Competition and Consumer Commission

Contents

1  Name

2  Commencement

3  Authority

4  Definitions

5  Exemption

6  Conditions on exemption

7  Repeal

Schedule 1 – Exemption information

1  Name

  This instrument is the Competition and Consumer (Industry Codes—Cash Acceptance) (Perrys Fuel Distributors) Exemption Instrument 2026.

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under paragraph 16(1)(b) of the Competition and Consumer (Industry Codes—Cash Acceptance) Regulations 2025.

4  Definitions

Note: A number of expressions used in this instrument are defined in the Regulations, including the following:

1.       Commission;
2.       motor fuel business;
3.       motor fuel retailer;
4.       retail site.

  In this instrument:

control has the same meaning as in the Corporations Act 2001.

Perrys Fuel Distributors means L.H. Perry & Sons Pty. Ltd. (ACN 622 813 923) trading as Perrys Fuel Distributors.

Regulations means the Competition and Consumer (Industry Codes—Cash Acceptance) Regulations 2025 that includes the industry code that relates to the retail motor fuel industry in Part 3.

specified retail site means a site specified in column 1 of the table in Schedule 1.

5  Exemption

Under paragraph 16(1)(b) of the Regulations, the Commission exempts Perrys Fuel Distributors from the operation of section 15 of the Regulations at the specified retail sites, during the times specified in column 2 of the table in Schedule 1, subject to the conditions set out in section 6.

6  Conditions on exemption

1.     The exemption granted under section 5 is subject to each of the conditions set out in this section.

Material change condition

1.     As soon as practicable after becoming aware of a material change in circumstances to Perrys Fuel Distributors or a specified retail site relevant to this exemption, Perrys Fuel Distributors must notify the Commission in writing of the material change in circumstances.
2.     For subsection 6(2), and without limiting what may constitute a material change in circumstances, each of the following events will constitute a material change in circumstances:

1.     a material change in the model of operation of a specified retail site; 
2.     a material decrease in the operating costs of a specified retail site;
3.     a material increase in the profitability of a specified retail site;
4.     a change in ownership of a specified retail site;
5.     a change in control or corporate structure of Perrys Fuel Distributors.

Provision of information condition

1.     If the Commission requests information relating to Perrys Fuel Distributors or a specified retail site that is relevant to this exemption, Perrys Fuel Distributors must give the Commission the requested information within the period specified in the request.

1.         Repeal

This instrument is repealed at the start of the day that is 10 years after this instrument commences.

Schedule 1 – Exemption information