The franchisor compliance manual

While the Code applies to franchise agreements entered into on or after 1 October 1998, certain provisions of the Code will not apply to agreements entered into prior to 1 January 2015 (see table below).

If a franchise agreement is entered into	The following provisions will not apply
Between 1 July 1998 and 29 February 2008	waiver of verbal or written representations by the franchisor prohibition on actions or proceedings, including mediation, being brought in a State or Territory outside that in which the franchisee operates costs of settling disputes see Your franchise agreement effect of restraint of trade clauses—see End of the term
Between 1 March 2008 and 31 December 2014	prohibition on actions or proceedings, including mediation, being brought in a State or Territory outside that in which the franchisee operates costs of settling disputes see Your franchise agreement effect of restraint of trade clauses—see End of the term

Importantly, a franchise agreement entered into prior to 1 January 2015 will be covered by the entire Code (including the provisions in the table above) if the agreement is varied, renewed or transferred on or after 1 January 2015.

Franchisors who are not required by the Code to comply with the provisions referred to above may nevertheless agree with their franchisees to be bound by those provisions.

The ACCC has developed a deed of variation which can be signed by you and a franchisee to ensure all the rights and obligations under the Code apply to the franchise agreement, regardless of when they entered into their agreement. You should seek independent legal advice prior to signing the deed of variation.

The deed of variation is available for download.

Other resources

The Code and the Minister’s explanatory statement on how the Code will operate are available from the ComLaw website.