Competition and Consumer (Industry Codes—Cash Acceptance) (Bonney Energy Group Pty Ltd) Exemption Instrument 2026
The Australian Competition and Consumer Commission makes the following instrument.
Dated 8 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) (Bonney Energy Group Pty Ltd) 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.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this instrument | The day after this instrument is registered. | |
Note: This table relates only to the provisions of this instrument as originally made.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:
- Commission;
- motor fuel business;
- motor fuel retailer;
- retail site.
In this instrument:
Bonney Energy means Bonney Energy Group Pty Ltd (ACN 053 113 992).
control has the same meaning as in the Corporations Act 2001.
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 Bonney Energy 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
- The exemption granted under section 5 is subject to each of the conditions set out in this section.
Material change condition
- As soon as practicable after becoming aware of a material change in circumstances to Bonney Energy or a specified retail site relevant to this exemption, Bonney Energy must notify the Commission in writing of the material change in circumstances.
- For the purpose of 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:
- a material change in the model of operation of a specified retail site;
- a material decrease in the operating costs of a specified retail site;
- a material increase in the profitability of a specified retail site;
- a change in ownership of a specified retail site;
- a change in control or corporate structure of Bonney Energy.
Provision of information condition
- If the Commission requests information relating to Bonney Energy or a specified retail site that is relevant to this exemption, Bonney Energy must give the Commission the requested information within the period specified in the request.
7 Repeal
This instrument is repealed at the start of the day that is 10 years after this instrument commences.
Schedule 1 – Exemption information
Exemption information | |
Column 1 | Column 2 |
Specified retail site | Days and times the specified retail site is exempt |
Epping Forest, Tas | Monday to Sunday (inclusive) from 7.30pm to 9pm |
East Devonport, Tas | Monday to Friday (inclusive) from 6pm to 9pm Saturday from 7am to 8am and from 4pm to 9pm Sunday from 7am to 8am and from 3pm to 9pm |
Westbury, Tas | Monday to Friday (inclusive) from 7pm to 9pm, and Saturday to Sunday (inclusive) from 7am to 8am and from 6pm to 9pm |
George Town, Tas | Monday to Sunday (inclusive) from 7pm to 9pm |
Exeter, Tas | Monday to Friday (inclusive) from 7pm to 9pm, and Saturday to Sunday (inclusive) from 7am to 8am and from 4pm to 9pm |
Longford, Tas | Monday to Friday (inclusive) from 7pm to 9pm, and Saturday to Sunday (inclusive) from 7am to 8am and from 2pm to 9pm |
Halls Gap, Vic | Monday to Sunday (inclusive) from 7am to 8am and from 6pm to 9pm |
Warrnambool, Vic | Monday to Friday (inclusive) from 8pm to 9pm, and Saturday to Sunday (inclusive) from 7am to 8am and from 6pm to 9pm |
Overview
The Competition and Consumer (Industry Codes—Cash Acceptance) (Bonney Energy Group Pty Ltd) Exemption Instrument 2026 was enacted to address the specific needs of Bonney Energy Group Pty Ltd by exempting it from certain provisions of the Competition and Consumer (Industry Codes—Cash Acceptance) Regulations 2025. This instrument was created by the Australian Competition and Consumer Commission, under the authority granted by the Competition and Consumer Act 2010. The primary objective of this exemption is to allow Bonney Energy to operate under conditions that better suit its business model while maintaining consumer protection and competition standards in the retail motor fuel industry. The exemption is subject to specific conditions, including the requirement for Bonney Energy to notify the Commission of any material changes in circumstances that may affect the exemption and to provide requested information within the specified timeframes. This exemption is set to be in effect for ten years from its commencement date.
Scope and Application
The Competition and Consumer (Industry Codes—Cash Acceptance) (Bonney Energy Group Pty Ltd) Exemption Instrument 2026 is a legislative instrument made by the Australian Competition and Consumer Commission under the Competition and Consumer (Industry Codes—Cash Acceptance) Regulations 2025. This exemption instrument provides Bonney Energy Group Pty Ltd with an exemption from certain provisions of the Regulations, specifically section 15, in relation to the acceptance of cash at specified retail sites. The exemption applies to Bonney Energy and operates during specified times at particular retail sites, as detailed in Schedule 1 of the instrument. The exemption is subject to certain conditions, including a requirement for Bonney Energy to notify the Commission of any material changes in circumstances and to provide requested information within specified timeframes. The exemption is geographically limited to specific sites in Tasmania and Victoria and is in effect from the day after the instrument is registered, continuing for ten years.
The instrument defines key terms such as "Bonney Energy," "control," and "specified retail site" and specifies the exact retail sites and times during which the exemption applies. The instrument also includes a repeal clause, stating that the exemption will cease to have effect ten years after it commences. The instrument's authority, definitions, conditions, and the specific details of the exemption are set out in the sections and schedule of the instrument. This exemption is an application of Commonwealth legislation, designed to provide flexibility in the regulation of cash acceptance practices at particular retail sites while ensuring that the Commission can monitor and respond to any significant changes in the circumstances of the exempted entity.
Key Provisions
The Competition and Consumer (Industry Codes—Cash Acceptance) (Bonney Energy Group Pty Ltd) Exemption Instrument 2026 (sections 1-7) grants an exemption to Bonney Energy Group Pty Ltd from certain provisions of the Competition and Consumer (Industry Codes—Cash Acceptance) Regulations 2025, specifically section 15. This exemption applies to specified retail sites, with the exemption times and dates detailed in Schedule 1. The exemption commences the day after the instrument is registered. Bonney Energy must comply with specific conditions if the exemption is to remain in effect. These conditions include notifying the Australian Competition and Consumer Commission (ACCC) of any material changes in circumstances relevant to the exemption, such as changes in the operation model, ownership, or profitability of a retail site, or changes in Bonney Energy's corporate structure (section 6).
The Act imposes several obligations on Bonney Energy. They must notify the ACCC of any material changes in circumstances relevant to the exemption (section 6(2)). Material changes include significant alterations in the operation model, a substantial decrease in operating costs, an increase in profitability, a change in ownership, or changes in control or corporate structure of Bonney Energy. Additionally, Bonney Energy is required to provide any information requested by the ACCC in relation to the exemption within the period specified in the request (section 6(3)). The Act also mandates that the exemption will be repealed 10 years after it commences (section 7).
Failure to comply with the conditions of the exemption can lead to serious consequences. While specific offences, penalties, or consequences for breach are not detailed within the instrument, breaches of similar regulations under the Competition and Consumer Act 2010 could potentially lead to civil penalties, including fines up to $1.1 million for corporations and $220,000 for individuals, as well as criminal penalties, which may include imprisonment for individuals. The exact penalties would depend on the nature and severity of the breach, and any associated court proceedings.