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No longer in force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

Latest version

View as made version

F2010C00457

01 July 2010 - 31 December 2014

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
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 or prospective franchisees
16 Prohibition on release from liability etc
17 Marketing and other cooperative funds
18 Disclosure of materially relevant facts
19 Current disclosure document
20 Transfer or novation of franchise
20A End of term arrangements — notification by franchisor
21 Termination — breach by franchisee
22 Termination — no breach by franchisee
23 Termination — special circumstances
23A Good faith
- 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
13A Unforeseen significant capital expenditure
13B Costs of dispute resolution
14 Financing
15 Franchisor’s obligations
16 Franchisee’s obligations
17 Other conditions of agreement
17A Unilateral variation of franchise agreement
17B Confidentiality obligations
17C Arrangements to apply at the end of the franchise agreement
17D Amendment of franchise agreement on transfer or novation of franchise
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
7A Unforeseen significant capital expenditure
7B Costs of dispute resolution
8 Franchisor’s obligations
9 Franchisee’s obligations
9A Unilateral variation of franchise agreement
9B Confidentiality obligations
9C Arrangements to apply at the end of the franchise agreement
9D Amendment of franchise agreement on transfer or novation of franchise
10 Financial details
11 Other relevant disclosure information
12 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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