Document ID: chunk:federal_register_of_legislation:F2022C01111:clause:1_9:p1
Version: federal_register_of_legislation:F2022C01111
Segment Type: clause
Provision Reference: sch 1 cl 9 (pt 1/3)
Character Range: 35149–37834

9  Franchisor to give documents to a franchisee or prospective franchisee
 (1) A franchisor must give a prospective franchisee the documents mentioned in subclause (1A) at least 14 days before whichever of the following occurs first:
 (a) the franchisor and the prospective franchisee enter into a franchise agreement;
 (b) the prospective franchisee makes a non‑refundable payment (whether of money or of other valuable consideration) to the franchisor or an associate of the franchisor in connection with the proposed franchise agreement.
Civil penalty: 600 penalty units.
 (1A) For the purposes of subclause (1), the documents are as follows:
 (a) a copy of the franchise agreement, in the form in which it is to be executed;
 (b) a copy of the disclosure document relating to the franchise:
 (i) as updated under subclause 8(6); or
 (ii) if subclause 8(7) applies—updated to reflect the position of the franchise as at the end of the financial year before the financial year in which the copy of the disclosure document is given; or
 (iii) if the disclosure document is created in the financial year in which the copy of the disclosure document is given—as created under subclause 8(1);
 (c) a copy of the key facts sheet relating to the franchise:
 (i) as updated under subclause 9A(2); or
 (ii) if subclause 9A(3) applies—updated to reflect the position of the franchise as at the end of the financial year before the financial year in which the copy of the key facts sheet is given; or
 (iii) if the key facts sheet is created in the financial year in which the copy of the key facts sheet is given—as created under subclause 9A(1);
 (d) a copy of this code;
 (e) if:
 (i) premises are leased to the franchisor or an associate of the franchisor; and
 (ii) the franchisor or associate proposes to sublease the premises to the prospective franchisee for the purposes of a franchised business, or to permit the prospective franchisee to occupy the premises for those purposes without a lease;
  a copy of:
 (iii) the lease of the premises to the franchisor or associate or, if the franchisor or associate is not in possession of the lease, a summary of the commercial terms negotiated by the franchisor or associate and the lessor of the premises (including any lease incentives); and
 (iv) if 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—that information or, if the franchisor or associate is not in possession of that information, any information of that kind of which the franchisor is aware.
Note: