Food and Grocery (Mandatory) Code of Conduct Bill 2024

High-Level Summary
The bill proposes to make the Food and Grocery Code of Conduct mandatory for large retailers and wholesalers in the supermarket sector to address power imbalances and regulate fair business practices.

Summary
The bill affects the Food and Grocery Code of Conduct by making it mandatory under the Competition and Consumer Act 2010 for retailers and wholesalers with an annual turnover exceeding $5 billion. It introduces significant penalties for non-compliance, including a maximum penalty of $10 million, or 3 times the value of the benefit obtained, or 10% of turnover if the benefit cannot be determined. The bill empowers the Commission to conduct audits to ensure compliance with the Code, and it allows for infringement notices of $2 million for breaches. According to the explanatory memorandum:
The Commission will also be given functions and powers to conduct audits of the supermarket retailers and wholesalers to determine whether they are dealing with suppliers lawfully, fairly, and in good faith; and whether the corporations are complying with the requirements of the Mandatory Code.

Argument For
Normative Bases
  1. Egalitarianism
  2. Consumer Protection

The bill should be supported because it addresses the significant power imbalance in the food and grocery sector by making the Code of Conduct mandatory for large retailers and wholesalers. This ensures fair treatment of suppliers, particularly in the perishable goods market, by imposing standardized business practices and significant penalties for non-compliance. As a result, it is likely to lead to more equitable pricing and treatment throughout the supply chain, which ultimately benefits consumers [Judgment]. Additionally, by empowering the Commission to conduct audits, the bill enhances transparency and accountability, contributing to a fairer market environment.


Argument Against
Normative Bases
  1. Propertarianism
  2. Value-Neutral / Epistemic Objection

The bill should be opposed because it imposes additional regulatory burdens on large retailers and wholesalers, potentially stifling innovation and efficiency in the sector. The mandatory nature of the Code could lead to increased operational costs, which may be passed onto consumers through higher prices [Judgment]. Furthermore, the significant penalties and audit powers granted to the Commission could create an environment of uncertainty and fear among businesses, discouraging investment and growth in the industry.


Date:

2024-11-04

Status:

Not Proceeding

Sponsor:

LITTLEPROUD, David, MP

Portfolio:

Unspecified

Categories:

Consumer Protection, Competition Policy, Democratic Institutions

Timeline:
04/11/2024
28/03/2025

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