Government announces its franchising policy reforms
The Minister for Small Business, the Hon Bruce Billson MP, released the ‘Future of Franchising’ statement, which outlines the Government’s franchising policy reforms. Please find a copy of this statement here: Future of Franchising
The Government has also released exposure draft legislation amending the Franchising Code and relevant provisions in the Competition and Consumer Act 2010 (CCA). The draft legislation contains a number of reforms, including:
– introducing a general duty on franchisors and franchisees to act in good faith during their dealings with each other; and
– enhancing the enforcement tools available for serious breaches of the Franchising Code by amending the CCA to allow the ACCC to:
– seek civil pecuniary penalties of up to $51,000 from the court; and
– issue infringement notices of up to $8,500 without having to seek a court order.
Stakeholders are invited to comment on the draft legislation that will implement these reforms. The period for submissions closes on 30 April 2014. For further information, including copies of the draft legislation and details on how to make a submission, please visit www.treasury.gov.au/ConsultationsandReviews/Consultations/2014/Franchising-Code.
Kind regards
Small Business team
Australian Competition & Consumer Commission (ACCC)