Document ID: chunk:federal_register_of_legislation:F2024L01605:reg:6:p3
Version: federal_register_of_legislation:F2024L01605
Segment Type: reg
Provision Reference: reg 6 (pt 3/5)
Character Range: 16154–18897

interest in a franchise includes a legal or beneficial interest in:
 (a) a franchise agreement or a franchised business, whether arising as a result of a guarantee of a franchisee's obligations under the agreement or otherwise; or
 (b) shares or voting rights in a corporation, not being a listed corporation (within the meaning of the Corporations Act), that owns a franchised business; or
 (c) units or voting rights in a unit or other trust that owns a franchised business; or
 (d) the capital or income of a partnership that owns a franchised business.
master franchise means a franchise in which the franchisor grants to a subfranchisor the right:
 (a) to grant a subfranchise; or
 (b) to participate in a subfranchise.
motor vehicle means a vehicle that uses, or is designed to use, volatile spirit, gas, oil, electricity or any other power (except human or animal power) as the principal means of propulsion, but does not include a vehicle used, or designed to be used, on a railway or tramway.
Note: Examples of motor vehicles are as follows:
(a) motor car;
(b) motorcycle;
(c) tractor;
(d) motorised farm machinery;
(e) motorised construction machinery;
(f) aircraft;
(g) motor boat.
motor vehicle dealership:
 (a) means a business of:
 (i) buying, selling, exchanging or leasing motor vehicles that is conducted by a person other than a person who is only involved as a credit provider, or provider of other financial services, in the purchase, sale, exchange or lease; and
 (ii) any servicing or repairing of motor vehicles by that business; and
 (b) includes a business of:
 (i) selling motor vehicles that is conducted by a person (for the purposes of this instrument, the franchisee) who sells the motor vehicles as an agent for a principal (for the purposes of this instrument, the franchisor); and
 (ii) any servicing or repairing of motor vehicles by that business.
new light goods vehicle means a new road vehicle of the kind referred to in clause 4.5.5 of the Vehicle Standard (Australian Design Rule – Definitions and Vehicle Categories) 2005.
new passenger vehicle means a new road vehicle of a kind referred to in clause 4.3 of the Vehicle Standard (Australian Design Rule – Definitions and Vehicle Categories) 2005.
new road vehicle has the same meaning as in section 78 of the Road Vehicle Standards Act 2018.
new vehicle dealership agreement means a motor vehicle dealership agreement relating to a motor vehicle dealership that predominantly deals in new passenger vehicles or new light goods vehicles (or both).
Note: A motor vehicle dealership agreement is taken to be a franchise agreement (see paragraph 7(2)(c)).
obligation to act in good faith: see section 18.
old regulations means the Competition and Consumer