Competition and Consumer (Industry Codes—Franchising) (Treasury) Delegations 2022

Administered by Department of the Treasury

Legislation au F2022N00084 In force Notifiable Instrument

Legislation content

 

Competition and Consumer (Industry Codes—Franchising) (Treasury) Delegations 2022

made under the Competition and Consumer (Industry Codes—Franchising) Regulations 2024

Compilation No. 1

Compilation date:   1 April 2025

Includes amendments up to: Competition and Consumer Amendment (Industry Codes—Franchising) (Treasury) Delegations 2025

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Prepared by The Treasury

About this compilation

       

This compilation

This is a compilation of the Competition and Consumer (Industry Codes—Franchising) (Treasury) Delegations 2022 that shows the text of the law as amended and in force on 1 April 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

Part 1—Preliminary

1  Name 

3  Authority

4  Definitions

Part 2—Delegations

5  Delegations relating to Franchise Disclosure Register

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

Part 1—Preliminary

 

1  Name

  This instrument is the Competition and Consumer (Industry Codes—Franchising) (Treasury) Delegations 2022.

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.

 (1) In this instrument:

the Regulations means the means the Competition and Consumer (Industry Codes—Franchising) Regulations 2024.

the Treasury means the Department of the Treasury.

Part 2—Delegations

 

5  Delegations relating to Franchise Disclosure Register

 (1) Under subsection 96(1) of the Regulations, each person holding, occupying or performing the duties of each of the following offices or positions in the Treasury, is delegated the Secretary’s functions and powers under Part 7 of Chapter 2 of the Regulations:

 (a) a Deputy Secretary;

 (b) an SES employee.

Note: Part 7 of Chapter 2 of the Regulations to the establishment and maintenance of the Franchise Disclosure Register.

 

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

 

ad = added or inserted

orig = original

am = amended

par = paragraph(s)/subparagraph(s)

amdt = amendment

/sub‑subparagraph(s)

c = clause(s)

pres = present

C[x] = Compilation No. x

prev = previous

Ch = Chapter(s)

(prev…) = previously

def = definition(s)

Pt = Part(s)

Dict = Dictionary

r = regulation(s)/rule(s)

disallowed = disallowed by Parliament

reloc = relocated

Div = Division(s)

renum = renumbered

exp = expires/expired or ceases/ceased to have

rep = repealed

effect

rs = repealed and substituted

F = Federal Register of Legislation

s = section(s)/subsection(s)

gaz = gazette

Sch = Schedule(s)

LA = Legislation Act 2003

Sdiv = Subdivision(s)

LIA = Legislative Instruments Act 2003

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

cannot be given effect

Sub‑Ch = Sub‑Chapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

o = order(s)

commenced or to be commenced

Ord = Ordinance

 

 

 

 

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Competition and Consumer (Industry Codes—Franchising) (Treasury) Delegations 2022

1 April 2022

(F2022N00084)

2 April 2022

—

Competition and Consumer Amendment (Industry Codes—Franchising) (Treasury) Delegations 2025

31 March 2025

(F2025N00288)

1 April 2025

—

 

Endnote 4—Amendment history

 

Provision affected

How affected

s2

rep LA s48D

s3

am F2025N00288

s4

am F2025N00288

s5

am F2025N00288

 

Overview

The Competition and Consumer (Industry Codes—Franchising) (Treasury) Delegations 2022 was enacted to facilitate the administration of the franchising industry codes under the Competition and Consumer Act 2010. This notifiable instrument, made under the authority of the Competition and Consumer (Industry Codes—Franchising) Regulations 2024, aims to streamline the delegation of certain functions and powers within the Department of the Treasury, particularly concerning the Franchise Disclosure Register. By delegating specific responsibilities to Deputy Secretaries and Senior Executive Service employees, the instrument seeks to enhance the efficiency and effectiveness of the regulatory framework governing franchising activities in Australia. This legislative instrument was prepared by The Treasury and is a compilation showing the text of the law as amended and in force as of 1 April 2025. It includes information about amending laws and the amendment history of the provisions, providing clarity on the current legal status and any future changes. The compiled law operates as modified by other laws but does not amend the text itself, and any uncommenced amendments are accessible on the Register. The policy objective underlying these delegations is to ensure that the franchising industry operates transparently and fairly, thereby protecting both franchisees and franchisors within the competitive landscape.

Scope and Application

The Competition and Consumer (Industry Codes—Franchising) (Treasury) Delegations 2022 applies to specific officers within the Department of the Treasury, delegating certain functions and powers under the Competition and Consumer (Industry Codes—Franchising) Regulations 2024. This includes delegations relating to the establishment and maintenance of the Franchise Disclosure Register, which pertains to entities and persons involved in franchising activities within Australia. The geographic reach of the Act is national, as it applies across the Commonwealth of Australia. There are no specific exclusions or exemptions outlined in the Act; however, the application and interpretation of the delegations may be influenced by subordinate instruments or amendments that extend or restrict their application. The Act comes into force on 1 April 2022 and includes amendments up to 31 March 2025. The instrument is structured to include preliminary provisions such as the name, authority, and definitions, which are consistent with the Competition and Consumer (Industry Codes—Franchising) Regulations 2024. The endnotes provide essential information about the compilation, abbreviations, legislation history, and amendment history, ensuring clarity and traceability of changes. Uncommenced amendments and self-repealing provisions are noted but do not affect the compiled text. Modifications by other laws are acknowledged but not reflected in the text of this compilation. The detailed endnotes serve to inform users about the legislative framework and its evolution, facilitating a comprehensive understanding of the Act's application and scope.

Key Provisions

The Competition and Consumer (Industry Codes—Franchising) (Treasury) Delegations 2022 provides specific delegations under the Competition and Consumer (Industry Codes—Franchising) Regulations 2024. Under section 5(1), the Secretary’s functions and powers under Part 7 of Chapter 2 of the Regulations are delegated to certain individuals within the Treasury. Specifically, these include the Deputy Secretary and SES employees, who are empowered to perform the Secretary's duties relating to the establishment and maintenance of the Franchise Disclosure Register. The instrument operates under the authority granted by the Competition and Consumer (Industry Codes—Franchising) Regulations 2024. The Act imposes certain obligations on the designated individuals within the Treasury, requiring them to perform specific duties related to the Franchise Disclosure Register. These duties include the maintenance and updating of the register to ensure compliance with the franchising regulations. The delegations are intended to streamline the administrative processes and ensure that the register is accurately maintained, facilitating better oversight and compliance within the franchising industry. For breaches of the provisions outlined in the Competition and Consumer (Industry Codes—Franchising) (Treasury) Delegations 2022, there are potential civil and criminal consequences. While the Act itself does not explicitly state penalties, any failure to perform the delegated duties could result in consequences under the overarching Competition and Consumer (Industry Codes—Franchising) Regulations 2024. These could include fines or other penalties as stipulated by the Regulations. The exact penalties would depend on the specific nature of the breach and the provisions of the Regulations that are contravened.

Legal classification tags

Area of Law
Competition Law
Consumer Law
Instrument
Statutory Instrument
Concepts
Definitions & Interpretation
Delegations & Subordinate Legislation
Regulatory Standards

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.