Competition and Consumer (Industry Codes—Cash Acceptance) (Purtill Bros Nominees Pty Ltd) Exemption Instrument 2026

Overview

The Competition and Consumer (Industry Codes—Cash Acceptance) (Purtill Bros Nominees Pty Ltd) Exemption Instrument 2026 was enacted to address a specific issue within the retail motor fuel industry by exempting Purtill Bros Nominees Pty Ltd from certain regulatory obligations under the Competition and Consumer (Industry Codes—Cash Acceptance) Regulations 2025. This exemption is made under the authority of the Australian Competition and Consumer Commission, which aims to provide flexibility and targeted relief to businesses while maintaining the integrity of the broader regulatory framework. The policy objective of this instrument is to allow Purtill Bros Nominees Pty Ltd to operate its retail sites under specific conditions that alleviate certain burdens, thereby facilitating business operations and potentially enhancing service delivery to consumers. This exemption is subject to conditions that ensure ongoing compliance and transparency, including the requirement for Purtill Bros Nominees Pty Ltd to notify the Commission of any material changes in circumstances affecting the exemption.

Scope and Application

The Competition and Consumer (Industry Codes—Cash Acceptance) (Purtill Bros Nominees Pty Ltd) Exemption Instrument 2026, made under the authority of the Competition and Consumer (Industry Codes—Cash Acceptance) Regulations 2025, provides an exemption to Purtill Bros Nominees Pty Ltd (referred to as Purtill Group) from certain provisions of the Regulations. Specifically, this instrument exempts Purtill Group from the operation of section 15 of the Regulations at designated retail sites during specified times. This exemption is geographically limited to several Ampol sites in New South Wales, each with specific operating hours, and is in effect from the day after the instrument is registered until it is repealed, which occurs 10 years after its commencement. Purtill Group is required to notify the Australian Competition and Consumer Commission of any material changes in circumstances relevant to this exemption, including changes in operation, profitability, ownership, control, or corporate structure. Additionally, Purtill Group must provide any information requested by the Commission in relation to the exemption within the timeframe specified by the Commission. The exemption conditions and the details of the exempted sites and times are outlined in Schedule 1 of the instrument.

Key Provisions

The main operative sections of the Competition and Consumer (Industry Codes—Cash Acceptance) (Purtill Bros Nominees Pty Ltd) Exemption Instrument 2026 include the exemption granted under section 5, which exempts Purtill Bros Nominees Pty Ltd (Purtill Group) from the operation of section 15 of the Competition and Consumer (Industry Codes—Cash Acceptance) Regulations 2025 at specified retail sites during particular times. This exemption is detailed in Schedule 1, which lists the specific retail sites and the times they are exempt (section 5). The exemption is subject to certain conditions outlined in section 6, which include the requirement for Purtill Group to notify the Australian Competition and Consumer Commission (ACCC) of any material changes in circumstances relevant to the exemption and to provide requested information within specified periods (section 6). The instrument also includes provisions for the commencement, definitions, and repeal of the instrument (sections 2, 4, and 8). The obligations imposed on Purtill Group by this instrument are primarily related to compliance with the conditions of the exemption. These include notifying the ACCC of any material changes in circumstances relevant to the exemption, such as a material change in the model of operation of a specified retail site, a material decrease in operating costs, a material increase in profitability, a change in ownership, or a change in control or corporate structure of Purtill Group (section 6(1)). Purtill Group must also provide any information requested by the ACCC that is relevant to the exemption within the period specified in the request (section 6(2)). The instrument does not explicitly state any offences, penalties, or civil/criminal consequences for breach of the conditions of the exemption. However, breaches of the conditions could potentially lead to revocation of the exemption, which might result in Purtill Group being subject to the provisions of section 15 of the Competition and Consumer (Industry Codes—Cash Acceptance) Regulations 2025. While specific penalties are not detailed in this instrument, breaches of the regulations generally can result in civil penalties, including fines of up to $1.1 million for corporations, and criminal penalties, including fines of up to $66,000 for individuals and $330,000 for corporations, as outlined in the Competition and Consumer Act 2010. The instrument is repealed at the start of the day that is 10 years after it commences (section 8).