ACCC HOME For businesses Dealing with customers Warranty & refund obligations Advertising & selling Component pricing Prize giveaways & competitions Misleading advertising Refusing to supply consumers Doing business with consumers on the internet Debt collection practices Dealing fairly with disadvantaged or vulnerable consumers Unconscionable conduct—harsh and oppressive practices to consumers Organic claims and the Trade Practices Act Product safety & labelling Product safety What are mandatory product safety and information standards? Mandatory product safety and information standards—full list Banned goods—full list Mandatory product safety & information standards—regulation impact statements (RIS) Recalls Product liability Product safety and you Treadmills (TP Regulation—SLI 2009 No. 107—dated 4 June 2009) Labelling of products Country of origin Dealing with other businesses Mergers Merger guidelines 2008 - public release Overview of mergers law Informal merger review Merger authorisation applications to the Australian Competition Tribunal Formal merger review International liaison Authorisations What is authorisation? Lodging an application Notifications Collective bargaining notifications Exclusive dealing notifications Supply issues Refusing to supply other businesses Problems obtaining supply Dealing with other businesses online Advertising on the internet Dealing with competitors online Domain name renewal/registrations Tips for a good online business Trading online internationally Internet scams Search engines Internet Service Providers (ISPs) Spam, spam, spam... Warranties and refunds online Anti-competitive conduct Cartel conduct (ss. 44ZZRF, 44ZZRG, 44ZZRJ and 44ZZRK) Price fixing (ss. 44ZZRF, 44ZZRG, 44ZZRJ and 44ZZRK) Anti-competitive agreeements (s. 45) Misuse of market power (s46) Predatory pricing (s46(1) and s46(1AAA)) Exclusive dealing and third line forcing (s47) Resale price maintenance (s.48) Cartels & your business Cooperating with the ACCC Unconscionable conduct between businesses Price fixing Export agreements Certification trade marks Running your business Protect your business from scams Small business complaints & inquiries Setting prices for your business Different pricing for different payment methods (credit cards v's cash) Component pricing Component pricing and motor vehicle advertising Pricing and your trade practices obligations When can I withdraw mispriced goods from sale?—'Invitation to treat' Component pricing and restaurants, cafes and hotels—frequently asked questions Resale price maintenance (supplier controlled prices) Small business frequently asked questions Complying with the TPA How to comply Trade practices compliance programs Compliance review requirements Why comply? Carbon offset claims Copyright licensing Industry codes of conduct Non-prescribed voluntary industry codes of conduct Prescribed industry codes of conduct Franchising Code Application and key parts of the Franchising Code Amendments to the Franchising Code of Conduct What if you don't comply? Franchising Code complaints, investigations and outcomes Frequently asked questions Subscribe to receive updates about the Franchising Code Horticulture Code Application and key parts of the Horticulture Code What if you don't comply with the Horticulture Code Horticulture Code complaints, investigations and outcomes Frequently asked questions about the Horticulture Code Subscribe to receive updates about the Horticulture Code Oilcode Application and key parts of the Oilcode What if you don't comply? Role of the ACCC Oilcode frequently asked questions Subscribe to receive updates about the Oilcode Unit Pricing Code Application and key parts of the Unit Pricing Code What if you don't comply with the Unit Pricing Code Unit Pricing Code complaints, investigations and outcomes Frequently asked questions about the Unit Pricing Code Subscribe to receive updates about the Unit Pricing Code Complete our survey on unit pricing: a guide for grocery retailers Professions & competition Definition of a profession Application of the Trade Practices Act to the professions Competition issues in the professions How is the Trade Practices Act enforced? Authorisations & notifications Dealing with other professionals Dealing with consumers Professional associations Accessorial liability Medical practitioners Medical rosters Medical workforce issues Credentialing rights at hospitals RACS application for authorisation RACGP authorisation on fee agreements ACCC info kit for the medical profession Ethical and fiduciary duties v's competition laws Emerging professions The ACCC About us What we do Structure of the ACCC Decision-making processes Enforcement priorities International activities Consultative committees Regulatory plan Requests for tender Departmental file list & contracting activities Publications Latest publications A-Z of publications ACCC update magazine ACCC ejournal Public registers About public registers Access to services register (ss. 44Q, 44ZW, 44ZZC & 44ZZL) Authorisations & notifications registers Consumer protection/product safety register (s. 65) General undertakings register GST compliance register (s. 75AU) Investigations register (International liner shipping) (s. 10.13) Mergers register Price notifications register Telecommunications registers (ss. 151AR-152EA) Undertakings register (s. 87B) Undertakings register (ASIC Act 1989 & ASIC Act 2001) (s. 93AA) Media centre News releases Speeches Events calendar Conferences Photographs and biographies of our chairman and commissioners Legislation Overview of the Trade Practices Act Consumer & business directory CBD help Employment Graduate opportunities Working at the ACCC ACCC homeFor businessesIndustry codes of conductFranchising CodeFrequently asked questions Frequently asked questions Does the code apply to me? 1. Do I have a franchise agreement (or is it a licence or distributorship)? 2. Are there any franchise agreements to which the code doesn’t apply? 3. Does the Franchising Code apply to overseas franchisors? Disclosure 4. When does a franchisor need to create a disclosure document? 5. When is a franchisor required to provide a disclosure document (and to whom)? 6. Does a prospective franchisee have to make a non-refundable payment to the franchisor in order to receive a disclosure document? 7. What should a franchisee do if they were not given a disclosure document before they entered into the franchise agreement? 8. What kind of information is in a disclosure document? 9. How often does a disclosure document need to be updated? 10. What if the information in a disclosure document is misleading? 11. Do franchisees have a right to view the financial statements of marketing funds they contribute to? Things to consider before you buy a franchise 12. What steps should I take before I sign? 13. Should a franchisee get professional advice before entering into a franchise agreement? 14. Can the ACCC give advice on whether to purchase a particular franchise? 15. What are some warning signs of a scam franchise? 16. Can a franchise agreement contain a clause that releases a franchisor from liability for any misrepresentations to the franchisee? 17. What happens when the term of a franchise agreement ends? 18. What if the franchisor becomes insolvent (fails)? Termination/transfer 19. Does the franchisee have a cooling-off period after entering into the franchise agreement? 20. Does a franchisee need the franchisor’s consent to transfer a franchise? 21. What if the franchisee wants to terminate their franchise agreement before it expires? 22. What if the franchisor wants to terminate the franchise agreement before it expires? Dispute resolution 23. How can parties resolve disputes about franchising agreements? 24. What is the Office of the Mediation Adviser? 25. Who pays the cost of mediation? 26. Once a matter is set down for mediation, do both parties have to attend? 27. What else can a party do if there is a dispute about a franchising agreement? 28. My franchise agreement has been terminated. Can I require the other party to attend mediation? Other TPA issues 29. Does the Trade Practices Act apply to franchises? 30. Are franchises allowed to fix prices? 31. Can a franchisor force a franchisee to purchase goods or services from a specific source? 32. What is unconscionable conduct? 33. What is ‘churning’? 34. What happens if a party does not comply with the Franchising Code of Conduct or the Trade Practices Act? 35. When will the ACCC take action against a franchisor? Rate this information Good   Poor         Tell us why: Printer friendly version Notify me... Email me if updated About this service

---

Contact us | Site map | Definition of terms | New on site | Help | Privacy | Disclaimer & copyright | Accessibility | Website feedback | Other languages

© Commonwealth of Australia 2009