Competition and Consumer (Industry Codes—Cash Acceptance) (Petro National Pty Ltd) Exemption Instrument 2026
The Australian Competition and Consumer Commission makes the following instrument.
Dated 11 June 2026
[signed]
Gina Cass-Gottlieb
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 2
7 Repeal 2
Schedule 1 — Exemption information 3
1 Name
This instrument is the Competition and Consumer (Industry Codes—Cash Acceptance) (Petro National 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Note: This table relates only to the provisions of this instrument as originally made.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:
control has the same meaning as in the Corporations Act 2001.
Petro National means Petro National Pty Ltd (ACN 606 401 325).
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 Petro National 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.
- As soon as practicable after becoming aware of a material change in circumstances to Petro National or a specified retail site relevant to this exemption, Petro National must notify the Commission in writing of the material change in circumstances.
- If the Commission requests information relating to Petro National or a specified retail site that is relevant to this exemption, Petro National must give the Commission the requested information within the period specified in the request.
- 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:
- 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 Petro National.
- 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 |
Wellington, New South Wales | Monday to Sunday (inclusive) from 7pm to 9pm |
West Wyalong, New South Wales | Monday to Sunday (inclusive) from 7pm to 9pm |
Rylstone, New South Wales | Monday to Friday (inclusive) from 6pm to 9pm, and Saturday to Sunday (inclusive) from 7am to 8am and 5.30pm to 9pm |
Temora, New South Wales | Monday to Sunday (inclusive) from 7:30pm to 9pm |
Overview
The Competition and Consumer (Industry Codes—Cash Acceptance) (Petro National Pty Ltd) Exemption Instrument 2026 was enacted to provide an exemption to Petro National Pty Ltd from specific sections of the Competition and Consumer (Industry Codes—Cash Acceptance) Regulations 2025. This legislation was introduced by the Australian Competition and Consumer Commission to address the need for flexibility in the implementation of industry codes relating to cash acceptance at retail motor fuel sites. The policy objective behind this exemption is to allow Petro National to adapt its operations at certain times and locations without the immediate imposition of compliance requirements, potentially aiding in the smooth transition or adjustment of business operations. The instrument was made under the authority provided by paragraph 16(1)(b) of the aforementioned regulations and will be repealed ten years after it comes into effect.
This instrument, effective from the day after its registration, exempts Petro National from certain compliance obligations during specified times at particular retail sites in New South Wales. The exemption is subject to conditions that mandate Petro National to notify the Commission of any material changes in circumstances relevant to the exemption and to provide requested information within specified timeframes. These conditions are designed to ensure that the exemption does not result in any adverse effects on consumer protection or market competition.
Scope and Application
The Competition and Consumer (Industry Codes—Cash Acceptance) (Petro National Pty Ltd) Exemption Instrument 2026 provides a specific exemption from certain regulations to Petro National Pty Ltd concerning its retail sites. This exemption is applicable during particular times and is subject to certain conditions. The instrument operates under the authority granted by the Competition and Consumer (Industry Codes—Cash Acceptance) Regulations 2025 and specifically exempts Petro National from the operation of section 15 of those regulations at designated retail sites during specified periods. This exemption is limited geographically to retail sites in New South Wales and applies only during certain times, as detailed in Schedule 1. The exemption is also time-bound, expiring ten years after the instrument's commencement. Conditions attached to the exemption require Petro National to notify the Commission of any material changes in circumstances affecting the exemption, such as changes in operation, profitability, ownership, or control of the specified retail sites. The instrument is repealed at the start of the day that is 10 years after it commences.
Key Provisions
The Competition and Consumer (Industry Codes—Cash Acceptance) (Petro National Pty Ltd) Exemption Instrument 2026 (referred to as the Instrument) is made under paragraph 16(1)(b) of the Competition and Consumer (Industry Codes—Cash Acceptance) Regulations 2025, providing an exemption for Petro National Pty Ltd from the operation of section 15 of the Regulations at certain specified retail sites during particular times (section 5). This exemption is subject to specific conditions (section 6). The Instrument commences the day after it is registered (section 2(1)). The Instrument will be repealed at the start of the day that is 10 years after it commences (section 7).
The obligations imposed by the Instrument on Petro National include notifying the Australian Competition and Consumer Commission (ACCC) in writing of any material changes in circumstances that affect the exemption, such as changes in operation models, ownership, profitability, or corporate structure of the retail sites or Petro National itself (section 6(1)). Additionally, Petro National must provide any requested information to the ACCC within the period specified in the request (section 6(2)). Material changes in circumstances are defined to include significant alterations in operation models, operating costs, profitability, ownership, or changes in control or corporate structure of Petro National or the specified retail sites (section 6(3)).
Failure to comply with the conditions of the exemption may result in civil or criminal consequences. However, the Instrument does not explicitly state the penalties for breaches. Under the general provisions of the Competition and Consumer Act 2010, breaches of industry codes can attract penalties including fines and imprisonment, depending on the severity and intent of the breach. The exact penalties would be determined in the context of the specific breach and applicable laws.