Document ID: chunk:federal_register_of_legislation:F2024L01605:front:0:p1
Version: federal_register_of_legislation:F2024L01605
Segment Type: other
Provision Reference: 
Character Range: 0–3385

Competition and Consumer (Industry Codes—Franchising) Regulations 2024

I, the Honourable Sam Mostyn AC, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated     5 December 2024

  Sam Mostyn AC
  Governor‑General

By Her Excellency's Command

Julie Collins
Minister for Small Business

Contents
Chapter 1—Preliminary
Part 1—Preliminary
1 Name
2 Commencement
3 Authority
4 Simplified outline of this instrument
5 Schedule 2
Part 2—Definitions
6 Definitions
7 Meaning of franchise agreement
Part 3—Mandatory industry code
8 Mandatory industry code
9 Acquisition of property
10 Franchise agreements to which the Code does not apply
11 Civil penalty provisions of the Code
12 Reviews
13 Interaction with the Privacy Act 1988
Chapter 2—Franchising Code of Conduct
Part 1—Preliminary
14 Purpose of Chapter
15 Purpose of Code
16 Functions of Australian Small Business and Family Enterprise Ombudsman
17 Amount of civil penalty for certain contraventions by bodies corporate
Part 2—Obligation to act in good faith
18 Obligation to act in good faith
Part 3—Requirements before entry into, renewal, extension or transfer of franchise agreements
Division 1—Application
19 Application of Part—master franchisors
Division 2—Disclosure document
20 Franchisor must create disclosure document
21 Updating disclosure document—general
Division 3—Information statement
22 Information statement to be given by franchisors
Division 4—Considering documents
23 Entering into, renewing and extending franchise agreements
24 Transferring franchise agreements
25 Form of documents to be given under this Division
Division 5—Statements to be received by franchisors
26 Statements with respect to disclosure document and this Code
27 Statements with respect to independent advice
Part 4—Franchise agreements
Division 1—Application
28 Application of Part—master franchisors
Division 2—Franchisor's obligations
Subdivision A—Disclosure obligations
29 Copy of lease etc.
30 Copies of other agreements
31 Financial statements for specific purpose funds
32 Franchisee may request updated disclosure document
33 Giving updated disclosure document on request by franchisee
34 Disclosure of materially relevant facts
Subdivision B—Notification obligations (other than for new vehicle dealership agreements)
35 Application of Subdivision
36 End of term arrangements
Subdivision C—Record keeping obligations
37 Keeping certain information and documents
Division 3—Terms of franchise agreements
38 Franchisor's legal costs relating to franchise agreement
39 Prohibition on release from liability etc.
40 Jurisdiction for settling disputes
41 Costs of settling disputes
42 Restraint of trade clause if franchise agreement not renewed or extended
43 Franchise agreement must provide for compensation for early termination—general
44 Franchise agreement must provide reasonable opportunity for return on franchisee's investment—general
45 Franchise agreement must provide for compensation for early termination—new vehicle dealership agreements
46 Franchise agreement must provide reasonable opportunity for return on franchisee's investment—new vehicle dealership agreements
47 Discussion about significant capital expenditure disclosed in disclosure document
Division 4—Transfer of franchise agreements