Competition and Consumer (Industry Codes—Franchising) Regulation 2014 (Mediation Adviser) Appointment 2020

Overview

The Competition and Consumer (Industry Codes—Franchising) Regulation 2014 (Mediation Adviser) Appointment 2020I was enacted to address the need for the appointment of a mediation adviser for Part 4 of the Franchising Code, as outlined in clause 44 of Schedule 1 to the Regulation. This legislation was introduced by Michael Sukkar, Minister for Housing and Assistant Treasurer, to ensure the smooth administration of franchise-related disputes. The policy objective of this notifiable instrument is to provide clarity and continuity in the mediation process by revoking all previous appointments and designating the current General Manager of the Small and Family Business Branch in the Department of Industry, Science, Energy and Resources as the mediation adviser. This appointment took effect from the day after the instrument was registered on the Federal Register of Legislation on 27 February 2020.

Scope and Application

The Competition and Consumer (Industry Codes—Franchising) Regulation 2014 (Mediation Adviser) Appointment 2020I, issued under the authority of Michael Sukkar, the Minister for Housing and Assistant Treasurer, is a legislative instrument that specifically targets the appointment of a mediation adviser for Part 4 of the Franchising Code. This appointment pertains to the mediation process outlined in the Franchising Code of Conduct, which is designed to address disputes between franchisors and franchisees. The appointment of a mediation adviser is a critical function in ensuring that disputes are resolved amicably and efficiently, thereby maintaining the integrity and stability of the franchising industry. The appointment applies to the person who holds, occupies, or performs the duties of General Manager of the Small and Family Business Branch in the Department of Industry, Science, Energy and Resources. This role is designated to ensure that the mediation adviser has the necessary expertise and understanding of the franchising sector. The geographic and jurisdictional reach of this legislation is limited to the Commonwealth level, thus impacting the franchising industry across Australia. There are no stated exclusions or exemptions within the scope of this appointment; however, the application of the Franchising Code itself may have specific exclusions, such as certain types of agreements or industries. This instrument revokes all previous appointments under clause 44 of Schedule 1 to the Franchising Code, thereby ensuring that the most current and relevant individual is appointed to the role.

Key Provisions

The Competition and Consumer (Industry Codes—Franchising) Regulation 2014 (Mediation Adviser) Appointment 2020I, issued by Michael Sukkar, Minister for Housing and Assistant Treasurer, under clause 44 of Schedule 1 to the Competition and Consumer (Industry Codes—Franchising) Regulation 2014, revokes all previous appointments of mediation advisers under that clause (section (a)). Additionally, it appoints the person currently serving as the General Manager of the Small and Family Business Branch in the Department of Industry, Science, Energy and Resources as the mediation adviser for Part 4 of the Franchising Code, effective the day after this instrument is registered on the Federal Register of Legislation (section (b)). Under the Competition and Consumer (Industry Codes—Franchising) Regulation 2014, the mediation adviser is tasked with facilitating dispute resolution between franchisors and franchisees, ensuring that any disputes are addressed promptly and fairly. The appointee must be a person of integrity, possessing adequate knowledge and experience in the field of franchising to effectively mediate disputes. This requirement underscores the importance of having a knowledgeable and impartial mediator to resolve conflicts that may arise within the franchising relationship. The obligations placed on the mediation adviser include ensuring that all mediation processes are conducted in accordance with the Franchising Code. This involves providing a transparent, efficient, and fair mediation service to the parties involved. The adviser must also maintain confidentiality throughout the mediation process, ensuring that all information disclosed during mediation remains private and is not shared with any third parties without consent. Failure to comply with the requirements and obligations outlined in the Competition and Consumer (Industry Codes—Franchising) Regulation 2014 may result in legal consequences. While the specific offences, penalties, or civil/criminal consequences for breach are not detailed in the text, breaches of such regulations generally may lead to enforcement actions by relevant authorities. This can include fines, orders for compliance, or other penalties as prescribed by the legislation. The maximum penalties can vary depending on the nature and severity of the breach, but they are intended to ensure adherence to the statutory requirements and to protect the interests of franchisees and franchisors alike.