Competition and Consumer Amendment (Industry Codes—Franchising) (Treasury) Delegations 2025
I, Steven Kennedy, Secretary to the Department of the Treasury, make the following delegations.
Dated 28 March 2025
Steven Kennedy
Secretary
Department of the Treasury
Contents
1 Name
2 Commencement
3 Authority
4 Schedules
Schedule 1—Amendments
Competition and Consumer (Industry Codes—Franchising) (Treasury) Delegations 2022
1 Name
This instrument is the Competition and Consumer Amendment (Industry Codes—Franchising) (Treasury) Delegations 2025.
2 Commencement
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this instrument | The later of: (a) the day after this instrument is registered; and (b) 1 April 2025. | |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
This instrument is made under the Competition and Consumer (Industry Codes—Franchising) Regulations 2024.
4 Schedules
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Amendments
Competition and Consumer (Industry Codes—Franchising) (Treasury) Delegations 2022
1 Section 3
Omit “Regulation 2014”, substitute “Regulations 2024”.
2 Section 4 (note to section heading)
Omit “Regulation 2014”, substitute “Regulations 2024”.
3 Subsection 4(1) (definition of Franchising Code of Conduct)
Repeal the definition.
4 Subsection 4(1) (definition of privacy officer)
Repeal the definition.
5 Subsection 4(1)
Insert:
the Regulations means the Competition and Consumer (Industry Codes—Franchising) Regulations 2024.
6 Subsection 5(1)
Omit “subclause 53H(1) of the Franchising Code of Conduct”, substitute “subsection 96(1) of the Regulations”.
7 Section 5(1)
Omit “Part 5A of the Franchising Code of Conduct”, substitute “Part 7 of Chapter 2 of the Regulations”.
8 Subsection 5(1) (note)
Omit “Part 5A of the Franchising Code of Conduct”, substitute “Part 7 of Chapter 2 of the Regulations”.
9 Subsection 5(2)
Repeal the subsection.
Overview
The Competition and Consumer Amendment (Industry Codes—Franchising) (Treasury) Delegations 2025 was enacted to address the need for updated delegations under the Competition and Consumer (Industry Codes—Franchising) Regulations 2024, following the introduction of the new regulations. This notifiable instrument was developed by Steven Kennedy, Secretary to the Department of the Treasury, under the authority granted by the Competition and Consumer (Industry Codes—Franchising) Regulations 2024. The aim of this legislation is to ensure the smooth transition and alignment of delegations with the updated regulatory framework, thereby maintaining the effectiveness of the franchising industry codes and supporting policy objectives related to fair business practices and consumer protection. The instrument commenced on the later of the day after its registration or 1 April 2025.
Scope and Application
This instrument, the Competition and Consumer Amendment (Industry Codes—Franchising) (Treasury) Delegations 2025, amends previous delegations made under the Competition and Consumer (Industry Codes—Franchising) Regulations 2024, reflecting the transition from the 2014 regulations to the 2024 regulations. The changes specified in the schedule update references to the former regulations and their sections to the new 2024 regulations, ensuring alignment with the updated legislative framework. The instrument applies to entities involved in franchising activities, particularly those subject to the Franchising Code of Conduct under the Competition and Consumer Act 2010. It does not specify exclusions, exemptions, or thresholds but rather focuses on updating the delegations to reflect the current regulatory environment. The instrument's amendments take effect from the later of the day after its registration or 1 April 2025.
Key Provisions
The Competition and Consumer Amendment (Industry Codes—Franchising) (Treasury) Delegations 2025 (the "Instrument") amends the Competition and Consumer (Industry Codes—Franchising) (Treasury) Delegations 2022, made under the Competition and Consumer (Industry Codes—Franchising) Regulations 2024. This instrument specifies when its provisions commence, with the whole instrument coming into effect on the later of the day after its registration or 1 April 2025 (section 2). The amendments made by this instrument are detailed in Schedule 1, which includes changes to definitions, references to the Regulations, and substitutions of specific sections and subsections. For example, references to "Regulation 2014" are replaced with "Regulations 2024," and certain definitions and subsections are repealed or amended to align with the new Regulations.
The obligations and requirements imposed by the Instrument pertain primarily to the delegation of powers and functions under the Competition and Consumer (Industry Codes—Franchising) Regulations 2024. By amending the 2022 Delegations, the 2025 Instrument updates the references and definitions to reflect the current regulatory framework. This includes updating the definition of "Regulations" to refer to the Competition and Consumer (Industry Codes—Franchising) Regulations 2024 and replacing outdated references to the Franchising Code of Conduct with references to the relevant parts of the Regulations. These amendments ensure that the delegations remain aligned with the most recent legislative changes, thereby maintaining the integrity and effectiveness of the franchising regulatory framework.
There are no explicit offences, penalties, or civil/criminal consequences outlined in the Instrument itself, as it primarily serves to amend existing delegations. However, any breaches of the Competition and Consumer (Industry Codes—Franchising) Regulations 2024, which the Instrument updates to reflect, may result in penalties under the Competition and Consumer Act 2010. The maximum penalties for breaches can include substantial fines for corporations and imprisonment for individuals, depending on the nature and severity of the infringement. The updated delegations ensure that the authority to enforce these regulations remains clear and current, thereby supporting compliance and enforcement activities by the relevant authorities.