Document ID: chunk:federal_register_of_legislation:F2022C01111:clause:1_21
Version: federal_register_of_legislation:F2022C01111
Segment Type: clause
Provision Reference: sch 1 cl 21
Character Range: 61094–62210

21  Jurisdiction for settling disputes
 (1) A franchise agreement may contain a clause that:
 (a) if a party to the agreement wishes to bring an action or proceedings in relation to a dispute under the agreement, requires the party to bring the action or proceedings in a State or Territory in which the franchised business is based; or
 (b) if a party to the agreement wishes to refer a dispute under the agreement to an ADR process, requires the ADR process to be conducted in a State or Territory in which the franchised business is based.
 (2) A franchise agreement must not contain a clause that:
 (a) requires a party to the agreement to bring an action or proceedings in relation to a dispute under the agreement:
 (i) in any State or Territory outside that in which the franchised business is based; or
 (ii) in any jurisdiction outside Australia; or
 (b) requires an ADR process for a dispute under the agreement to be conducted:
 (i) in any other State or Territory outside that in which the franchised business is based; or
 (ii) in any jurisdiction outside Australia.
Note: See subclauses 3(4) and (5).