Document ID: chunk:federal_register_of_legislation:F2022C01111:clause:1_9:p2
Version: federal_register_of_legislation:F2022C01111
Segment Type: clause
Provision Reference: sch 1 cl 9 (pt 2/3)
Character Range: 37578–40315

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: If it is proposed that the prospective franchisee lease premises from, or occupy premises under another right granted by, the franchisor or an associate, clause 26 lets the franchisee terminate the franchise agreement up to 14 days after being given a document setting out the terms of the lease or right to occupy the premises.
 (2) If a franchisor or franchisee proposes to:
 (a) renew a franchise agreement; or
 (b) extend the term or scope of a franchise agreement;
the franchisor must give to a franchisee (within the meaning of paragraph (a) of the definition of that expression) the documents mentioned in subclause (1A) at least 14 days before renewal or extension of the franchise agreement.
Civil penalty: 600 penalty units.
 (2A) If a request is made under clause 24 that a franchisor consent to the transfer of a franchise agreement (the existing franchise agreement) to a person (the prospective transferee), the franchisor must, at least 14 days before giving the consent, give the prospective transferee:
 (a) if the transfer does not involve executing another franchise agreement:
 (i) a copy of the existing franchise agreement; and
 (ii) each other document (if any) the franchisor requires the prospective transferee to sign to give effect to the transfer; and
 (b) a copy of the documents mentioned in paragraphs (1A)(b), (c) and (d) and, if applicable, paragraph (1A)(e).
Civil penalty: 600 penalty units.
 (2B) However, subclause (2A) does not apply to a transfer that involves entry into a new franchise agreement.
Note: Subclause (1) applies to such a transfer.
 (2C) If the person to whom documents must be given under subclause (1), (2) or (2A) requests the documents in printed form, electronic form or both, the franchisor must comply with the request. However, if the documents have been given in one of those forms (whether requested by the person or not) by the time required by that subclause, a later request for the documents in the other form (or both forms) does not require the franchisor to comply with the subclause again.
 (3) A franchisor is taken to have complied with the requirements of this clause even if, during the relevant 14‑day or longer period, changes are made to a franchise agreement:
 (a) to give effect to a franchisee's request; or
 (b) to fill in required particulars; or
 (c) to reflect changes of address or other circumstances; or
 (d) for clarification of a minor nature; or
 (e) to correct errors or references.
 (4)