Small business helpline: 1300 302 021
Email updates: To receive updates from the ACCC’s Franchising Information Network, email your contact details to email@example.com
Publications: Visit www.accc.gov.au/publications to access more ACCC publications including a copy of the ACCC’s franchisee manual.
Associate (of a franchisor)—a person:
(i) is a partner, director or related body corporate of the franchisor, or a director of a related body corporate or
(ii) for a franchisor that is a proprietary company—directly or indirectly owns, controls, or holds with power to vote, at least 15 per cent of the issued voting shares in the franchisor and
|Failure to act in good faith||subclause 6(1)|
|Failure to create a Code compliant disclosure document||subclause 8(1)|
|Failure to update the disclosure document within 4 months after the end of each financial year||subclause 8(6)|
The ACCC’s Compliance and Enforcement Policy outlines the ACCC’s enforcement powers, functions, priorities and strategies and sets out the principles it adopts to achieve compliance with the law.
The ACCC determines the appropriate enforcement tools to address concerns on a case by case basis, taking into consideration the alleged contravention, the business involved and the impact of the conduct.
Who is liable for a breach of the Code?
While section 51AD of the Act prohibits businesses from contravening the Code, individuals can also be liable. Individuals’ liability can extend to the directors, the secretary, other officers or the board members of a company. Liability can also extend to employees of the company.
A person may be liable if they:
When considering whether your conduct is in good faith, potential questions to ask include: