Document ID: chunk:federal_register_of_legislation:F2022C01111:clause:1_53e:p1
Version: federal_register_of_legislation:F2022C01111
Segment Type: clause
Provision Reference: sch 1 cl 53E (pt 1/2)
Character Range: 113858–116722

53E  Obligation to annually update or confirm information included in Register

Franchisors to which this clause applies
 (1) This clause applies to a franchisor if:
 (a) information is included, or was required to be included, in the Register under clause 53C or 53D; and
 (b) if the franchisor is the master franchisor in a master franchise system—the master franchise system has 2 or more subfranchisors.

Obligation to update or confirm information
 (2) The franchisor must, in accordance with subclause (3), do the following:
 (a) if information included by the franchisor in the Register remains current—confirm that the information is correct;
 (b) to the extent that the following information is incorrect, out‑of‑date or has not previously been provided by the franchisor for inclusion in the Register—provide or update the following information:
 (i) the name of the franchisor;
 (ii) the name under which the franchisor carries on business in Australia relevant to the franchise;
 (iii) if the franchisor has an ABN—the franchisor's ABN;
 (iv) the address, or addresses, of the franchisor's registered office and principal place of business in Australia;
 (v) the business telephone number and email address of the franchisor;
 (vi) the ANZSIC division and subdivision codes for the industry in which the business operated under the franchise operates;
 (vii) any information that was required to be provided to the Secretary under a determination under subclause 53C(4) or 53D(4);
 (c) provide any information required to be provided to the Secretary under a determination under subclause (4) of this clause.
Note: Persons other than the franchisor may provide the information on behalf of the franchisor (see Division 4).
Civil penalty: 600 penalty units.
 (3) The information must be provided:
 (a) in a form and manner approved by the Secretary in writing; and
 (b) at least once for each financial year that:
 (i) if the franchisor was required by clause 53C to provide information for inclusion in the Register—ends after 31 October 2022; or
 (ii) if the franchisor was required by clause 53D to provide information for inclusion in the Register for a franchise agreement the franchisor is proposing to enter into—ends after the day the franchisor enters into the franchise agreement; and
 (c) on or before the 14th day of the fifth month following the end of the financial year.

Franchisors may be required to provide information to the Secretary
 (4) The Secretary may, by legislative instrument, determine that each or a specified franchisor must provide to the Secretary information that is required to be included in a disclosure document created by the franchisor if the information is not:
 (a) personal information that relates to an individual other than the franchisor; or
 (b) information that relates to a particular franchisee of the