Companies Regulations (Amendment) (Cth)

Statutory Rules 1988 No. 2651

 

Companies Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Companies Act 1981.

Dated 07 October 1988.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

Michael Tate

Minister of State for Justice for

and on behalf of the Attorney-General

 

Interpretation

1. Regulation 2 of the Companies Regulations is amended by inserting in subregulation (1) the following definitions:

“ ‘franchise’ means a contract, agreement or arrangement, whether express or implied, oral or written, between 2 or more persons by which:

(a) a party to the contract, agreement or arrangement (in this definition referred to as ‘the franchisor’) authorises or permits another party (in this definition referred to as the ‘franchisee’), or a person associated with the franchisee, to exercise the right to engage in the business of offering, selling or distributing goods or services in Australia, or in an external Territory of Australia, under a marketing plan or system controlled by the franchisor or a person associated with the franchisor;

(b) the business carried on by the franchisee or the person associated with the franchisee, as the case may be, is, or is capable of being, identified by the public as being substantially associated with a mark identifying, commonly connected with or controlled by the franchisor or a person associated with the franchisor;

 

(S.R. 230/88)—Cat. No. 15/8.8.1988

 

(c) the franchisor exerts, or has authority to exert, a significant degree of control over that business, including, but not limited to, control over the organisation, promotional activities, management, marketing plan or the affairs of that business; and

(d) it may reasonably be expected that, in carrying on that business, the franchisee or a person associated with the franchisee is, or will be, substantially dependent on goods or services supplied by the franchisor or a person associated with the franchisor;

‘mark’ includes a symbol, design, colour, device, brand, heading, label, ticket, name, signature, word, letter or numeral or any combination of 2 or more of these;”.

Definition of “authorized trustee corporation”

2. Regulation 14 of the Companies Regulations is amended by omitting paragraph (w) and substituting the following paragraph:

“(w) State Trust Corporation of Victoria;”.

Prescribed authorities for purposes of subsection 227 (3)

3. Regulation 54aof the Companies Regulations is amended:

(a) by omitting paragraph (a) and substituting the following paragraph:

“(a) the Director of Corrective Services in Tasmania;”; and

(b) by omitting paragraph (c) and substituting the following paragraph:

“(c) the permanent head of the Department of Corrective Services of Western Australia;”.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 4 November 1988.

2. Statutory Rules 1982 No. 120 as amended by 1982 No. 121; 1983 Nos. 214, 215 and 316; 1984 No. 246; 1985 No. 228; 1986 Nos. 33, 136, 152, 247 and 376; 1987 Nos. 172 and 206.

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