Franchising Code of Conduct - Australian Government

Service summary

You are required to comply with the code if you are a party to a franchise agreement.

A franchise agreement is an agreement in which a person (the franchisor) grants to another (the franchisee) the right to carry on the business of offering, supplying or distributing goods or services under a particular system or marketing plan which is associated with a trade mark, advertising or commercial symbol.

The code has numerous requirements you must comply with, these requirements include a duty to:

  • Act in good faith (for example, honestly and with an intention to engage in fair dealing)
  • Provide a disclosure document (the franchisor must provide prospective franchisees a document detailing key information regarding the franchise)
  • Attend mediation before commencing court action

        and

  • Provide reasonable written notice of proposed termination for a breach of contract.

Please consult the Contact Officer for more information and to ascertain the level of compliance that may be required.

Service type

Code of Practice

A code of practice can be either a legal requirement or non-legal requirement. Legal codes of practice are defined as a result of legislation. Non-legal codes of practice are defined by industry regulators and bodies.

Administering agency

Australian Competition and Consumer Commission
Enforcement and Compliance Executive

Act(s) name

Competition and Consumer Act 2010 (Australian Government)

Regulation(s) name

Trade Practices (Industry Codes - Franchising) Regulations 2014 (Australian Government)

Contact details

Enquiries
Australian Competition and Consumer Commission
Enforcement and Compliance Executive


Operating address:
23 Marcus Clarke Street
Canberra
Australian Capital Territory 2601
Mailing address:
GPO BOX 3131
Canberra, Australian Capital Territory 2601

Phone:

1300302502

Phone:

02 62431111

Fax:

02 62431199

Supporting information

Disclaimer

The information contained on the Australian Business Licence and Information Service (ABLIS) web site, or via packages or other sources is intended for general guidance only.

To the full extent permitted by law, the Federal, State, Territory and Local Governments make no representations or warranties (expressed or implied) in relation to the information, including its accuracy, currency or completeness.

The business information provided does not constitute professional or legal advice, nor is the use of any third party resource an endorsement of the information contained, the associated organisation, product or service. It is recommended that you obtain appropriate professional and /or independent legal advice to ensure that the material provided here is relevant to your particular circumstances.

To the full extent permitted by law the Federal, State, Territory and Local Governments, their employees and agents do not accept any liability for any reason, including without limitation, liability in negligence, to any person for the general information which is provided herein, or in respect of anything, including the consequences of anything done, or not done, by any such person in whole or partial reliance upon the information.