Australian franchise code to change 'as soon as possible'
posted on 26th July 2013
The Australian Government has accepted most of the 18 changes to the Franchising Code of Conduct recommended in a Review earlier this year. The changes will see the ACCC gain greater enforcement powers, including the ability to issue infringement notices and financial penalties of up to $50,000 for breaches of the Code. The Government declined to allow courts to order franchisors to provide royalty-free periods or to make top-up contributions to marketing funds. Jason Gehrke provides a helpful summary.
Changes to the disclosure provisions of the Code that have been accepted include the removal of Annexure 2 disclosure, reduced disclosure for single-grant foreign franchisors, disclosure of online sales, and the provision of a risk statement to all potential franchisees.
Restraints of trade against former franchisees will become unenforceable in situations where franchisees who are not in breach of their agreements and are willing to renew are not renewed by their franchisor.
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