Legislative Compliance

Bennett and Philp is knowledgeable on the legislation impacting on the franchise industry including:–

  • Competition and Consumer Act 2010 (CCA)
  • Franchising Code of Conduct (Code)

A treatise on the CCA and the Code is beyond the scope of this website.  Rather we can advise specifically once we are aware of the business model proposed by the franchisor and in particular if that model will, or is likely to, breach the exclusive dealing provisions of the CCA.  To the extent that the proposed conduct may offend the CCA, we can advise on and assist with the notification process to the Australian Competition and Consumer Commission (ACCC) pursuant to Section 93 of the CCA with submissions that the ACCC should determine that the conduct will not substantially lessen competition.

The penalties for breaches of the CCA are significant so it pays to ensure that the franchisor complies with all relevant legislation.