Document ID: chunk:federal_register_of_legislation:F2022C01111:clause:1_13:p1
Version: federal_register_of_legislation:F2022C01111
Segment Type: clause
Provision Reference: sch 1 cl 13 (pt 1/2)
Character Range: 45392–48070

13  Copy of lease etc.

Occupying premises under lease
 (1) If a franchisee leases premises from the franchisor or an associate of the franchisor for the purposes of a franchised business, the franchisor or the associate must give to the franchisee:
 (a) either:
 (i) a copy of the lease; or
 (ii) a copy of the agreement to lease; and
 (b) details of any incentive or financial benefit that the franchisor or associate is entitled to receive as a result of the lease or agreement to lease.
Civil penalty: 600 penalty units.
 (2) The copy and details must be given within 1 month after the lease or agreement to lease is signed by the parties.
Civil penalty: 600 penalty units.
 (2A) If:
 (a) premises are leased to the franchisor or an associate of the franchisor; and
 (b) a franchisee subleases, or a prospective franchisee proposes to sublease, the premises for the purposes of a franchised business; and
 (c) the lessor of the premises to the franchisor or associate complies with a requirement by or under a law of a State or Territory to disclose to the franchisor or associate (as lessee) written information relating to the lease;
the franchisor or associate must, if requested to do so in writing, give the franchisee or prospective franchisee a copy of that information.
Note: A copy must also be given by the franchisor to a prospective franchisee before entering into a franchise agreement (see subclauses 9(1) an (1A)).
Civil penalty: 600 penalty units.
 (2B) The copy requested under subclause (2A) must be given as soon as reasonably practicable, and not later than 7 days, after the request is made.
Civil penalty: 600 penalty units.
 (3) If the franchisee occupies, without a lease, premises leased by the franchisor or an associate of the franchisor, the franchisor or the associate must give the following to the franchisee:
 (a) a copy of the franchisor's lease or agreement to lease or of the associate's lease or agreement to lease;
 (b) details of any incentive or financial benefit that the franchisor or associate is entitled to receive as a result of the lease or agreement to lease;
 (c) a copy of the documents that give the franchisee the right to occupy the premises;
 (d) written details of the conditions of occupation;
 (e) details of any incentive or financial benefit that the franchisor or associate is entitled to receive as a result of the franchisee's right to occupy the premises.
Civil penalty: 600 penalty units.
 (4) The copy and details must be given within 1 month after:
 (a) the occupation commences; or
 (b) for the documents mentioned in subparagraph (3)(b)(i)—the documents are signed by the parties.
Civil penalty: 600 penalty