Document ID: chunk:federal_register_of_legislation:F2022C01111:clause:1_53c
Version: federal_register_of_legislation:F2022C01111
Segment Type: clause
Provision Reference: sch 1 cl 53C
Character Range: 108789–111226

53C  Initial obligation to provide information for inclusion in Register—franchisors that give a disclosure document on or before 31 October 2022

Franchisors to which this clause applies
 (1) This clause applies to a franchisor if:
 (a) the franchisor has created a disclosure document under clause 8; and
 (b) on or before 31 October 2022 the franchisor gives a copy of the disclosure document under clause 9; and
 (c) if the franchisor is the master franchisor in a master franchise system—the master franchise system has 2 or more subfranchisors.

Franchisor must provide information for inclusion in Register
 (2) The franchisor must, in accordance with subclause (3), provide the following information for inclusion in the Register:
 (a) the name of the franchisor;
 (b) the name under which the franchisor carries on business in Australia relevant to the franchise;
 (c) if the franchisor has an ABN—the franchisor's ABN;
 (d) the address, or addresses, of the franchisor's registered office and principal place of business in Australia;
 (e) the business telephone number and email address of the franchisor;
 (f) the ANZSIC division and subdivision codes for the industry in which the business operated under the franchise operates;
 (g) any information required to be provided to the Secretary under a determination under subclause (4).
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:
 (a) be provided in a form and manner approved by the Secretary in writing; and
 (b) be provided on or before 14 November 2022.

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 franchisor; or
 (c) information that relates to a particular site being occupied by a franchisee of the franchisor.
Note 1: For specification of one or more classes of franchisors, see subsection 13(3) of the Legislation Act 2003.
Note 2: Clause 8 requires certain information to be included in a disclosure document.