Document ID: chunk:federal_register_of_legislation:F2024L01605:reg:23:p2
Version: federal_register_of_legislation:F2024L01605
Segment Type: reg
Provision Reference: reg 23 (pt 2/3)
Character Range: 41934–44787

given to the franchisor, opt out of being given the documents mentioned in subsection (5) if:
 (a) the prospective franchisee has, or has recently had, another franchise agreement with the franchisor that is the same or substantially the same as the franchise agreement; and
 (b) the business that is the subject of the franchise agreement is the same or substantially the same as the business that is or was the subject of the other franchise agreement.
 (5) For the purposes of paragraph (2)(c) and subsection (4), the documents are:
 (a) a copy of the disclosure document relating to the franchise:
 (i) if the disclosure document was created in the financial year in which the franchisor gives the prospective franchisee documents under subsection (2)—as created under subsection 20(1); or
 (ii) as most recently updated under section 21 or 33; or
 (iii) if neither subparagraph (i) or (ii) applies—updated to reflect the position of the franchise as at the end of the financial year before the financial year in which the franchisor gives the prospective franchisee documents under subsection (2); and
 (b) a copy of this Code.

Franchise agreement not to be executed until after consideration period
 (6) The franchisor must not execute the franchise agreement with the prospective franchisee before the end of the period (the consideration period) of 14 days after the latest of the following:
 (a) the day the franchisor gives the prospective franchisee the documents required by subsection (2);
 (b) if, after the day mentioned in paragraph (a), the franchisor makes a change to the agreement other than a change mentioned in subsection (7)—the day the franchisor gives the prospective franchisee the changed agreement;
 (c) if, after the day mentioned in paragraph (a) and before the franchise agreement is executed, the franchisor gives the prospective franchisee earnings information in relation to the franchise—the day the franchisor gives the prospective franchisee that information.
Civil penalty: 600 penalty units.
 (7) For the purposes of paragraph (6)(b), the changes are the following:
 (a) a change to give effect to a request by the prospective franchisee;
 (b) a change to fill in required particulars;
 (c) a change to reflect changes of address or other circumstances;
 (d) a change for a clarification of a minor nature;
 (e) a change to correct an error or reference.

Repayment of payments made by prospective franchisee in consideration period
 (8) If, in the consideration period for a franchise agreement:
 (a) the prospective franchisee makes a payment (whether of money or of other valuable consideration) of an amount to the franchisor or an associate of the franchisor in connection with the agreement; and
 (b) the prospective franchisee subsequently gives the franchisor a written notice requesting the repayment of