Food and Grocery (Mandatory) Code of Conduct

Current status

This bill did not become law and is no longer proceeding.

Policy area

Law, justice & rights

What does this bill do?

Big supermarket retailers and wholesalers with more than $5 billion in annual turnover would have to follow the grocery code, making supplier conduct rules compulsory at the top end of the market.

Why was it introduced?

Rising food prices and the voluntary grocery code left suppliers exposed to a significant power imbalance with major supermarkets. The bill makes the code mandatory for retailers and wholesalers over $5 billion, adds heavy penalties, and lets the ACCCThe competition regulator that would audit big supermarket retailers and wholesalers to check they are complying with the code. audit compliance.

Broader context

Australia’s grocery supply chain was already governed by a voluntary Food and Grocery Code of ConductThe supermarket supplier rules that already exist as a voluntary code, and which this bill would make mandatory for the biggest businesses., but food prices had risen 12.3 per cent over the previous two years and the bill’s backers argued that the voluntary system left suppliers exposed to the market power of the biggest supermarket chains. The bill, introduced in November 2024, proposed to make the code mandatory for retailers and wholesalers with turnover above $5 billion, add much larger penalties and ACCCThe competition regulator that would audit big supermarket retailers and wholesalers to check they are complying with the code. audit powers, but it did not pass and lapsed when Parliament was dissolved in March 2025.

Key criticism

The main criticism was that the bill may not go far or fast enough to curb supermarket power, because the government acted too late and stronger penalties may still be needed to deter misconduct. That reservation was raised by Nationals leader David Littleproud while supporting the bill, so the recorded criticism was limited and focused on strength and timing rather than opposing the policy itself.

Who supported it?

David Littleproud MP introduced this bill. Speeches supporting it came from Nationals.

Introduced in House 04 Nov 2024
Failed in House 28 Mar 2025
Did not reach Senate
Did not become law

Did it become law?

No

The bill did not complete passage through Parliament.

Final passage

No final passage

The bill has not completed passage and is no longer proceeding.

Time before failure

144 days

From introduction to the final recorded step before the bill stopped proceeding

Official record

View on APH

Parliament of Australia bill page

What does this bill do?

  1. Big supermarket retailers and wholesalers with more than $5 billion in annual turnover would have to follow the grocery code, making supplier conduct rules compulsory at the top end of the market.

  2. Smaller retailers and wholesalers would stay on the current voluntary grocery code instead of moving into the mandatory rules.

  3. Supermarkets and wholesalers covered by the mandatory codeThe part of the Food and Grocery Code of Conduct that would apply as binding law to large retailers and wholesalers. could face court penalties as high as $10 million, three times any benefit they gained, or 10% of yearly turnover.

  4. The Australian Competition and Consumer CommissionThe competition regulator that would audit big supermarket retailers and wholesalers to check they are complying with the code. would be able to audit major supermarket retailers and wholesalers to check whether they treat suppliers lawfully, fairly and in good faith.

Show source excerpts
  1. The Food and Grocery (Mandatory) Code of Conduct Bill 2024 will make the Code mandatory for large retailers and wholesalers in the supermarket sector who have an annual turnover of over $5 billion. The Food and Grocery Code of Conduct will regulate the standards of business conduct in the grocery supply chain.
    Food and Grocery (Mandatory) Code of Conduct explanatory memorandum
  2. The current Food and Grocery Code of Conduct will continue to be a voluntary industry code for each other retailer or wholesaler.
    Food and Grocery (Mandatory) Code of Conduct explanatory memorandum
  3. The Mandatory Code will have a maximum penalty of the greatest of the following - $10 million; 3 times the value of the benefit obtained that is attributable to the contravention; and if the court cannot determine the value of that benefit – 10% of turnover during the previous 12 months.
    Food and Grocery (Mandatory) Code of Conduct explanatory memorandum
  4. 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.
    Food and Grocery (Mandatory) Code of Conduct explanatory memorandum

Broader context for this bill

Australia’s grocery supply chain was already governed by a voluntary Food and Grocery Code of ConductThe supermarket supplier rules that already exist as a voluntary code, and which this bill would make mandatory for the biggest businesses., but food prices had risen 12.3 per cent over the previous two years and the bill’s backers argued that the voluntary system left suppliers exposed to the market power of the biggest supermarket chains. The bill, introduced in November 2024, proposed to make the code mandatory for retailers and wholesalers with turnover above $5 billion, add much larger penalties and ACCCThe competition regulator that would audit big supermarket retailers and wholesalers to check they are complying with the code. audit powers, but it did not pass and lapsed when Parliament was dissolved in March 2025.

  1. 2022 to 2024

    Food prices rise sharply during the cost-of-living squeeze

    The explanatory memorandum says food prices rose 12.3 per cent over the previous two years, making grocery costs a major household pressure and sharpening attention on supermarket conduct.

    Food and Grocery (Mandatory) Code of Conduct explanatory memorandum ↗
  2. December 2022

    Coalition urges an earlier grocery code review and tougher rules

    In the second reading speech, the bill’s sponsor said he wrote to the competition minister in December 2022 urging the statutory review to be brought forward and offering bipartisan support for a mandatory codeThe part of the Food and Grocery Code of Conduct that would apply as binding law to large retailers and wholesalers. and higher penalties.

    Second reading speech ↗
  3. 04 Nov 2024

    Bill introduced to make the grocery code mandatory for the biggest chains

    The bill was introduced proposing to replace the voluntary code for supermarket retailers and wholesalers above $5 billion turnover with a mandatory codeThe part of the Food and Grocery Code of Conduct that would apply as binding law to large retailers and wholesalers. backed by court penalties and ACCCThe competition regulator that would audit big supermarket retailers and wholesalers to check they are complying with the code. audits.

    Parliamentary timeline ↗
  4. 04 Nov 2024

    Sponsor says suppliers and shoppers need stronger deterrents now

    Opening the second reading debate, the sponsor tied the bill to the cost-of-living crisis and argued that major supermarkets had used their market power against both farmers and consumers.

    Second reading speech ↗
  5. 28 Mar 2025

    Bill lapses when Parliament is dissolved

    The bill lapsed at dissolution, so its proposed mandatory codeThe part of the Food and Grocery Code of Conduct that would apply as binding law to large retailers and wholesalers., larger penalties and ACCCThe competition regulator that would audit big supermarket retailers and wholesalers to check they are complying with the code. audit powers were not enacted through this measure.

    Parliamentary timeline ↗

How did it move through Parliament?

House Senate
Introduced 04 Nov 2024

The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.

Introduced and read a first time

Second reading opened 04 Nov 2024

A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.

Second reading moved

Lapsed at dissolution 28 Mar 2025

The bill reached this recorded parliamentary step.

The main case against this bill

The main criticism was that the bill may not go far or fast enough to curb supermarket power, because the government acted too late and stronger penalties may still be needed to deter misconduct. That reservation was raised by Nationals leader David Littleproud while supporting the bill, so the recorded criticism was limited and focused on strength and timing rather than opposing the policy itself.

Recorded criticism was narrow and came from a supporter seeking tougher action.

May not be tough or timely enough

David Littleproud argued the government had missed the chance to act sooner against supermarket market power and said stronger, faster penalties and deterrents were needed, suggesting the bill's enforcement approach might not be tough enough on its own.

Raised by David Littleproud, supporting the bill Source ↗

Recorded votes

No recorded votes were found before this bill stopped proceeding.

Who spoke, and what they said

Start here — lead voices

Sponsor speech Supports

David Littleproud

National Party • MP 04 Nov 2024

Littleproud supports the bill and argues it is needed to protect farmers and consumers from supermarket market power.

Read in Hansard ↗

All speeches by bloc

Coalition

1 speaker · 1 support

Full record

Full chat