Trade Practices (Industry Codes—Franchising) Regulations 1998

No longer in force

Administered by

Department of the Treasury

This item is authorised by the following title:

Competition and Consumer Act 2010

Superseded version

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F2004C00732

01 October 2001 - 29 February 2008

This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003

Table of contents

1 Name of Regulations [see Note 1]
2 Commencement
3 Code of conduct
- Schedule Franchising Code of Conduct
  - Part 1 Preliminary
1 Name of code [see Note 1]
2 Purpose of code
3 Definitions
4 Meaning of franchise agreement
5 Application
- Part 2 Disclosure
6 Franchisor must maintain a disclosure document
6A Purpose of disclosure document
6B Requirement to give disclosure document
6C Additional information
7 Layout
8 Application
10 Franchisor obligations
11 Advice before entering into franchise agreement
- Part 3 Conditions of franchise agreement
13 Cooling off period
14 Copy of lease
15 Association of franchisees
16 Prohibition on general release from liability
17 Marketing and other cooperative funds
18 Disclosure of materially relevant facts
19 Current disclosure document
20 Transfer of the franchise
21 Termination — breach by franchisee
22 Termination — no breach by franchisee
23 Termination — special circumstances
- Part 4 Resolving disputes
24 Definitions
25 Mediation adviser
26 Internal complaint handling procedure
27 Code complaint handling procedure
28 Choice of procedure
29 Procedure
30 Mediation under the code
30A Termination of mediation
31 Conditions
- Annexure 1 Disclosure document for franchisee or prospective franchisee
1 First page
2 Franchisor details
3 Business experience
4 Litigation
5 Payments to agents
6 Existing franchises
7 Intellectual property
8 Franchise site or territory
9 Supply of goods or services to a franchisee
10 Supply of goods or services by a franchisee
11 Sites or Territories
12 Marketing or other cooperative funds
13 Payments
14 Financing
15 Franchisor’s obligations
16 Franchisee’s obligations
17 Summary of other conditions of agreement
18 Obligation to sign related agreements
19 Earnings information
20 Financial details
21 Updates
22 Other relevant disclosure information
23 Receipt
- Annexure 2 Short form disclosure document for franchisee or prospective franchisee
1 First page
2 Franchisor details
3 Litigation
4 Intellectual property
5 Franchise site or territory
6 Marketing or other cooperative funds
7 Payments
8 Franchisor’s obligations
9 Franchisee’s obligations
10 Financial details
11 Receipt
- Notes to the REF Citation \*charformat \* MERGEFORMAT Trade Practices (Industry Codes — Franchising) Regulations 1998

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Trade Practices (Industry Codes—Franchising) Regulations 1998

Annual survey

Trade Practices (Industry Codes—Franchising) Regulations 1998

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