Franchising Code of Conduct - Australian Government

Description

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

A franchise agreement is a contract (written, verbal or implied) under which:

  • one party (the franchisor) grants to another (the franchisee) the right to carry on a business offering goods or services under a system or marketing plan which is determined, controlled or suggested by the franchisor or its associate
  • the business is associated with a trademark, advertising or commercial symbol specified by the franchisor or its associate
  • the franchisee is required to pay an agreed fee to the franchisor or its associate before starting or continuing the business.
The Code aims to regulate the conduct of franchising participants towards one another. In particular, the Code:
  • requires franchisors to disclose certain information to prospective and existing franchisees before, and after, entering into a franchise agreement
  • stipulates a number of conditions relating to the rights of a franchisor and a franchisee under a franchise agreement
  • provides mechanisms for franchisees and franchisors to try to resolve disputes.

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 is a set of rules which details how people in a certain industry should behave. A code of practice can be defined as a result of legislation or by industry regulators and bodies.

Other resources

Task Business Structure Resources
Comply All Franchising Code of Conduct - hhttps://www.legislation.gov.au/Details/F2017C00182
Comply All Franchisor Compliance Manual (Opens in new window)
Comply All The Franchisee Manual (Opens in new window)

Act(s) name

Competition and Consumer Act 2010 AG

Regulation(s) name

Trade Practices (Industry Codes - Franchising) Regulations 2014 AG

Administering agency

Australian Competition and Consumer Commission

Enforcement and Compliance Executive

Contact details

Contact Email, Phone and Address Details for this service in simple two column table format, header then data.

Enquiries

Enforcement and Compliance Executive

Australian Competition and Consumer Commission

Operating address: 23 Marcus Clarke Street
Canberra
Australian Capital Territory 2601
Mailing address: GPO BOX 3131
Canberra, Australian Capital Territory 2601
Phone: 02 6243 1111
Fax: 02 6243 1199