Competition and Consumer (Industry Codes—Cash Acceptance) (Ampol Australia Petroleum Pty Ltd (U-GO)) Exemption Instrument 2026

Overview

The Competition and Consumer (Industry Codes—Cash Acceptance) (Ampol Australia Petroleum Pty Ltd (U-GO)) Exemption Instrument 2026 was enacted to exempt Ampol from certain provisions of the Competition and Consumer (Industry Codes—Cash Acceptance) Regulations 2025. This exemption is applicable to Ampol's U-GO sites, which are permanently unstaffed, do not have a cash payment point, and use the 'U-GO' branding, as well as any future U-GO sites. The exemption is granted by the Australian Competition and Consumer Commission under paragraph 16(1)(b) of the Regulations and is subject to specific conditions designed to ensure transparency and compliance with the broader regulatory framework. The exemption is intended to address operational challenges specific to Ampol's U-GO model while maintaining the overarching policy objectives of the Regulations. The instrument was made by the Australian Competition and Consumer Commission and is repealed five years after its commencement.

Scope and Application

The Competition and Consumer (Industry Codes—Cash Acceptance) (Ampol Australia Petroleum Pty Ltd (U-GO)) Exemption Instrument 2026 applies specifically to Ampol Australia Petroleum Pty Ltd (ACN 000 032 128) and its designated U-GO sites, both current and future, as outlined in the schedules. The exemption exempts Ampol from the operation of section 15 of the Competition and Consumer (Industry Codes—Cash Acceptance) Regulations 2025, which pertains to cash acceptance practices in the retail motor fuel industry, but is contingent on certain conditions. This exemption is limited to the U-GO model of operation, which involves permanently unstaffed motor fuel retail sites without a cash payment point and under the 'U-GO' branding. The exemption is in effect from the day after the instrument is registered and will remain in force for five years, after which it will be repealed. The exemption applies to all U-GO sites listed in Schedule 1 and to future U-GO sites listed in Schedule 2, once Ampol has notified the Commission that the future sites have commenced operation under the U-GO model. The instrument is made under paragraph 16(1)(b) of the Regulations, and it includes conditions such as notification of material changes and provision of relevant information upon request from the Commission.

Key Provisions

The main sections of the Competition and Consumer (Industry Codes—Cash Acceptance) (Ampol Australia Petroleum Pty Ltd (U-GO)) Exemption Instrument 2026 (sections 1 to 7) establish the legislative framework for exempting Ampol from certain regulations related to cash acceptance at U-GO sites and future U-GO sites, subject to specific conditions (sections 5 and 6). The instrument, which commences the day after its registration, is made under the Competition and Consumer (Industry Codes—Cash Acceptance) Regulations 2025 (section 3). It defines key terms such as "Ampol", "U-GO site", and "future U-GO site" (section 4), exempts Ampol from specified regulations at U-GO and future U-GO sites (section 5), and outlines conditions for this exemption (section 6). The instrument will be repealed five years after it commences (section 7). The obligations imposed by the Act require Ampol to notify the Australian Competition and Consumer Commission (ACCC) in writing of any material changes in circumstances relevant to the exemption, such as changes in the operational model, ownership, control, or corporate structure of the specified retail sites or Ampol itself (section 6(1)). Additionally, Ampol must provide any information requested by the ACCC regarding the exemption within the specified timeframe (section 6(2)). The exemption does not apply to future U-GO sites until Ampol informs the ACCC in writing that the site has started operating under the U-GO model (section 6(3)). These conditions are designed to ensure that the ACCC is kept informed and can monitor compliance with the exemption. Failure to comply with the conditions set out in the instrument could result in civil or criminal consequences. Specifically, there are no stated penalties within the text of the instrument itself, but breaches of the Competition and Consumer Act 2010 and related regulations could lead to significant fines and other penalties. For example, a corporation found guilty of contravening a provision of the Competition and Consumer Act 2010 could face a penalty of up to $10 million or three times the benefit obtained from the contravention, whichever is the greater. Additionally, individuals involved in the contravention could face fines of up to $1.1 million and imprisonment for up to 10 years. These potential consequences underscore the importance of adhering to the conditions outlined in the exemption instrument.