Law Council of Australia

Business Law Section

Exposure Draft of proposed changes to the Franchising Code of Conduct

The submission to the Department of Industry, Science, Energy and Resources in response to the proposed changes to the Franchising Code of Conduct (Franchising Code or Code) in relation to the Fairness in Franchising Report March 2019 was prepared by the Competition and Consumer Committee (the Committee) of the Business Law Section. 

The Committee welcomes the government’s review of the Franchising Code, and the implementation of many of the recommendations made in the Exposure Draft. However, there are some issues that the Committee wishes to raise in relation to specific changes proposed.

The Committee notes that comments are sought only on the technical aspects of implementing the law, and that there is no intention for this process to reconsider the policy underpinning these reforms. Accordingly, we have not sought to revisit the broader policy concerns raised by the Committee in its submissions of 11 May 2018 and 20 September 2019.

However, to the extent that certain concerns have not been addressed in the Code, the Committee continues to hold the concerns expressed in those submissions. 

You can read the full submissions below.


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