Other Disputes

Other disputes covered by the Oilcode are:
• disputes arising between parties to a fuel re-selling agreement
• disputes under Oilcode’s provisions concerning terminal gate pricing arrangements
• disputes under Oilcode’s provisions concerning a fuel re-selling business.

The Oilcode’s dispute resolution provisions do not apply where:

• there is a compulsory acquisition of premises by government
• a law prevents the sale of motor fuel at the premises

or where there is a dispute as to whether a retailer:

• no longer holds a licence that the retailer requires to conduct a fuel re-selling business
• has become bankrupt, insolvent under administration or an externally-administered body
corporate
• has voluntarily abandoned the fuel re-selling business
• has been convicted of a serious offence or
• has agreed to the termination of the fuel re-selling agreement.

Parties must try to resolve the 3 categories of dispute above directly between themselves unless
the DRA thinks there is no reason to attempt direct negotiation.

The parties can refer the matter to any person who may be able to help to resolve the matter.
If they cannot agree on referring the matter they must notify the DRA in which case the DRA
must appoint someone to assist within 7 days of the notification.
See Online Enquiry.

That person might be a mediator or someone who provides other assistance. That person will
decide the time and venue for mediation or other assistance.

The parties must try to resolve the dispute in good faith. The parties are equally liable for the
costs of anyone appointed to assist and must pay their own costs.

The DRA may if he so decides make a non-binding determination about the dispute. While such
a determination is not binding, non-compliance would be referred to in reports of the DRA
including the DRA’s published Annual Report.




	Other Disputes Other disputes covered by the Oilcode are: • disputes arising between parties to a fuel re-selling agreement • disputes under Oilcode’s provisions concerning terminal gate pricing arrangements • disputes under Oilcode’s provisions concerning a fuel re-selling business. The Oilcode’s dispute resolution provisions do not apply where: • there is a compulsory acquisition of premises by government • a law prevents the sale of motor fuel at the premises or where there is a dispute as to whether a retailer: • no longer holds a licence that the retailer requires to conduct a fuel re-selling business • has become bankrupt, insolvent under administration or an externally-administered body corporate • has voluntarily abandoned the fuel re-selling business • has been convicted of a serious offence or • has agreed to the termination of the fuel re-selling agreement. Parties must try to resolve the 3 categories of dispute above directly between themselves unless the DRA thinks there is no reason to attempt direct negotiation. The parties can refer the matter to any person who may be able to help to resolve the matter. If they cannot agree on referring the matter they must notify the DRA in which case the DRA must appoint someone to assist within 7 days of the notification. See Online Enquiry. That person might be a mediator or someone who provides other assistance. That person will decide the time and venue for mediation or other assistance. The parties must try to resolve the dispute in good faith. The parties are equally liable for the costs of anyone appointed to assist and must pay their own costs. The DRA may if he so decides make a non-binding determination about the dispute. While such a determination is not binding, non-compliance would be referred to in reports of the DRA including the DRA’s published Annual Report.








Oilcode Dispute Resolution Adviser 2007