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Government Amends Franchising Code Of Conduct

The government announced on 5 November 2009 that the Franchising Code of Conduct would be amended and other changes would be made to the law that affects the franchising sector, including the Trade Practices Act. The announcement takes into account the 2008 inquiry into the franchising sector and is a response to the reports of recent Committee inquiries.

Some of the important changes include:

  • Amendments to the unconscionable conduct provisions of the Trade Practices Act to make it clear that unconscionable conduct relates also to the terms and conditions of the contract and the ongoing behaviour of the parties to the contract.
  • The establishment of an expert panel to inquire into and report on the need to introduce new amendments to the Franchising Code of Conduct. The expert panel is to report by the end of January 2010 and will consult with franchising representatives, among others.
  • The granting of powers to the ACCC to issue public warnings about rogue or unscrupulous franchisors.
  • The introduction of penalties of up to $1.1 million for corporations and $220,000 for individuals engaging in unconscionable conduct or making false or misleading representations.
  • Power on the part of the ACCC to conduct random audits under the Franchising Code.
  • The introduction of measures into the Franchising Code to prevent behaviours that are inappropriate in franchising agreements.
  • Amendments to the Franchising Code to clarify obligations on the parties in respect of end of term arrangements and mediation.

Formal, more detailed responses to the inquiries were tabled in Parliament. All participants in the franchising sector will await with interest the details of the proposed changes.

This information was provided by Peter Sanfilippo. The Franchise Lawyer is one of the very few small legal practices in Australia that has true expertise in franchise law and does franchise work virtually exclusively.


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