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Changes to the Food and Grocery Code

Independent Review – Department of the Treasury

On 2 October 2020, the Minister for Housing and Assistant Treasurer, the Hon Michael Sukkar MP, announced changes to the Food and Grocery Code of Conduct (the Code), which is a voluntary code prescribed under the Competition and Consumer Act 2010.

The changes to the Code included: changes to the dispute resolution process; providing more detail and guidance on acting in good faith; changes to negotiating price rises; removing the ability to make retrospective changes in grocery supply agreements; and clarifying and extending application of the Code to wholesalers.

Consistent with the Government’s Regulation Impact Statement (RIS) requirements, the 2018 Review of the Food and Grocery Code of Conduct – Final Report has been certified by the Department of the Treasury as meeting the requirements of a RIS.

The Office of Best Practice Regulation (OBPR) does not assess the quality of independent reviews and RIS-like documents used in lieu of a RIS. At the time of certification, the Treasury estimated average annual regulatory compliance costs of $0.1 million per annum, and the OBPR agreed that average annual costs were likely to be less than $2 million.

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