Competition and Consumer (Industry Codes—Franchising) (Approved Form and Manner) Instrument 2025
I, Steven Kennedy, Secretary to the Department of the Treasury, make the following instrument.
Dated 28 March 2025
Dr Steven Kennedy
Secretary
Department of the Treasury
Contents
Part 1—Preliminary
1 Name
2 Commencement
3 Authority
4 Definitions
Part 2—Approval of form and manner
5 Approval of form and manner
Schedule 1—Approved form
Part 1—Preliminary
1 Name
This instrument is the Competition and Consumer (Industry Codes—Franchising) (Approved Form and Manner) Instrument 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Note: This table relates only to the provisions of this instrument as originally made.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 Definitions
Note: Expressions have the same meaning in this instrument as in the Competition and Consumer (Industry Codes—Franchising) Regulations 2024 as in force from time to time—see paragraph 13(1)(b) of the Legislation Act 2003.
In this instrument:
franchise disclosure email address means the email address info@franchisedisclosure.gov.au.
Franchise Disclosure Register online portal means the website maintained by the Department that allows franchisors to provide, confirm and update information to be included in the Register.
Note: At the time this instrument commenced, the Franchise Disclosure Register online portal was available at https://www.franchisedisclosure.gov.au.
the Regulations means the Competition and Consumer (Industry Codes—Franchising) Regulations 2024.
Part 2—Approval of form and manner
5 Approval of form and manner
(1) Under paragraphs 92(3)(a) and 93(3)(a) of the Regulations, the form and manner set out in subsection (2) is approved in relation to a franchisor:
(a) providing information under subsection 92(2); or
(b) providing, confirming or updating information under subsection 93(2).
(2) For the purposes of subsection (1) the form and manner are:
(a) the information is provided in the form set out at Schedule 1; and
(b) the information is provided in the following manner:
(i) if the franchisor has, or is entitled to have, an ABN—electronically using the Franchise Disclosure Register online portal;
(ii) otherwise—by email to the franchise disclosure email address.
Note: An editable version of the form is available upon request to the franchise disclosure email address.
Schedule 1—Approved form
Note: See section 5.
Overview
The Competition and Consumer (Industry Codes—Franchising) (Approved Form and Manner) Instrument 2025 was enacted to provide clarity and uniformity in the way franchisors submit required information under the Competition and Consumer (Industry Codes—Franchising) Regulations 2024. This instrument was introduced to address the need for a standardised format and method for franchisors to provide information about their franchise agreements and business operations, thereby ensuring consistency and facilitating compliance with regulatory requirements. The instrument was made 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 overarching policy objective of this instrument is to streamline the process of information submission for franchisors, ensuring that all necessary disclosures are made in an approved format and through specified channels, which in turn aids in the enforcement of franchising laws and protects consumers.
Scope and Application
The Competition and Consumer (Industry Codes—Franchising) (Approved Form and Manner) Instrument 2025 applies to franchisors who are required to provide information under the Competition and Consumer (Industry Codes—Franchising) Regulations 2024. This instrument specifies the approved form and manner in which franchisors must submit their information, ensuring compliance with the regulatory requirements set out in the Regulations. Specifically, the instrument mandates that franchisors must provide information either electronically through the Franchise Disclosure Register online portal if they have an Australian Business Number (ABN) or via email to the designated franchise disclosure email address if they do not have an ABN. The instrument ensures a uniform approach to the submission of required information, facilitating efficient oversight and enforcement by the relevant authorities. The instrument's jurisdiction extends across the Commonwealth of Australia, applying to all franchisors operating within its territory, regardless of their specific location or industry. There are no stated exclusions or exemptions within this instrument, which comprehensively covers the approved form and manner for information submission as mandated by the parent Regulations.
Key Provisions
The Competition and Consumer (Industry Codes—Franchising) (Approved Form and Manner) Instrument 2025 (the Instrument) specifies the approved form and manner for franchisors to provide and update certain information under the Competition and Consumer (Industry Codes—Franchising) Regulations 2024 (the Regulations). Section 5 of the Instrument outlines the approved form and manner. It mandates that the information must be provided in the form set out in Schedule 1. The manner of providing this information depends on whether the franchisor has an Australian Business Number (ABN); if so, the information must be submitted electronically via the Franchise Disclosure Register online portal, otherwise, it must be sent by email to the specified franchise disclosure email address. The instrument comes into effect on the later of the day after it is registered or 1 April 2025.
The obligations imposed by the Instrument on franchisors include adhering to the approved form as detailed in Schedule 1 when providing required information under the Regulations. Specifically, if a franchisor has an ABN, they must use the online portal to submit the information electronically. If they do not have an ABN, they must send the information via email to the specified address. This ensures that the information is consistently formatted and easily accessible. Additionally, the Instrument requires franchisors to use the editable version of the form available upon request, ensuring that the information provided is complete and accurate.
Breaching the requirements of the Instrument may have legal consequences. Although the specific offences, penalties, or civil/criminal consequences for non-compliance are not explicitly stated in the provided text of the Instrument, the Regulations under which it operates could include such provisions. Typically, non-compliance with industry code requirements may result in fines, corrective actions, or other penalties as prescribed by the Regulations. The exact penalties would be detailed in the Competition and Consumer (Industry Codes—Franchising) Regulations 2024, which the Instrument references for definitions and authority.