On 2 March 2018, the Assistant Minister to the Treasurer, the Hon. Michael Sukkar MP released the terms of reference for the Food and Grocery Code of Conduct (the code) review and announced that Prof. Graeme Samuel AC has been selected as the independent expert to lead the review.
The review is intended to ensure that the code is working effectively as the first prescribed voluntary code under the Competition and Consumer Act 2010. The code regulates the conduct of those supermarket retailers and wholesalers that have agreed to be bound by the code in their dealings with suppliers.
Upon introduction of the code in 2014, Government also committed to review the code three years from its commencement. This requirement is prescribed in the Competition and Consumer (Industry Codes – Food and Grocery) Regulation 2015.
Consultation will be undertaken with a range of stakeholders (retailers, suppliers, farms, government, regulators, legal and international bodies) including in regional areas. This will inform a final report to the Government, due within six months.
Making a submission
Initial public consultation is open from 23 March 2018 until 30 April 2018.
Stakeholders are invited to provide feedback on whether the code has been effective in improving the way the supermarkets (and wholesalers) deal with their suppliers.
Initial comments will inform development of a draft report and recommendations to Government. Stakeholders will also have a further opportunity to make submission on the draft report, which will be released for stakeholder consideration in June 2018.
All stakeholder submissions and feedback will be treated as confidential, unless you provide consent otherwise.