Franchising is regulated by the Trade Practices (Industry Codes – Franchising) Regulations 1998 (“ Code ”) which is a code of conduct, prescribed pursuant to Section 51AE the Competition and Consumer Act 2010 (“ Act ”). Section 51AD of the Act states that a corporation must not, in trade or commerce, contra vene an applicable industry code. The conduct of both franchisors and franchisees is subject to the Code.
The Australian Competition and Consumer Commission (“ ACCC ”) is the government agency responsible for promoting compliance with the Code.
The Franchise Council of Australia Limited (“ FCA ”) is the main association within the franchise sector in Australia .