Document ID: chunk:federal_register_of_legislation:F2024L01605:reg:6:p4
Version: federal_register_of_legislation:F2024L01605
Segment Type: reg
Provision Reference: reg 6 (pt 4/5)
Character Range: 18645–21431

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 (Industry Codes—Franchising) Regulation 2014, as in force before 1 April 2025.
Ombudsman means the Australian Small Business and Family Enterprise Ombudsman.
prospective franchisee means a person:
 (a) who deals with a franchisor for the right to be granted a franchise; or
 (b) who seeks to acquire a franchise business through the transfer of a franchise agreement.
Register means the register established under clause 53 of Schedule 1 to the old regulations.
renew, in relation to a franchise agreement, occurs when the franchisee exercises an option during the term of the agreement to renew the agreement.
respondent: see section 70.
Secretary means the Secretary of the Department that is administered by the Minister administering the Australian Small Business and Family Enterprise Ombudsman Act 2015.
serious offence means:
 (a) an offence under any law of the Commonwealth or a State or a Territory for which, if the act or omission had taken place in the Jervis Bay Territory, a person would be liable, on first conviction, to imprisonment for a period of not less than 5 years; or
 (b) a contravention of any provision of the Corporations Act.
Note: Jervis Bay Territory is mentioned because it is a jurisdiction in which the Commonwealth has control over the criminal law.
specific purpose fund means a fund:
 (a) that is controlled or administered:
 (i) by a franchisor or a master franchisor; or
 (ii) for a franchisor or a master franchisor by an associate for the franchisor or master franchisor; and
 (b) to which, under a franchise agreement, a franchisee is required to pay money (whether the franchisee is a franchisee or subfranchisee of the franchisor or master franchisor); and
 (c) that, under the franchise agreement, must be used for a specified common purpose relating to the operation of the franchised business.
Note: Examples of specific purpose funds could include a marketing fund for advertising or a cooperative fund for information technology.
subfranchisor means a person who is:
 (a) a franchisee in relation to a master franchise; and
 (b) a franchisor in relation to a subfranchise granted under the master franchise.
trade mark has the meaning given by the Trade Marks Act 1995.
Note: A trade mark is a sign (including any letter, word, name, signature, numeral, device, brand, heading, label, ticket, aspect of packaging, shape, colour, sound or scent (or any combination of these)) used, or intended to be used, to distinguish goods or services dealt with or provided in the course of trade