7Details of the additional information to be provided

7 Details of the additional information to be provided

(1) All of the information specified by subsection (2) is covered by this section, unless the information is: (a) personal information that relates to an individual other than a franchisor; or (b) information that relates to a particular franchisee of a franchisor; or (c) information that relates to a particular site being occupied by a franchisee of a franchisor. (2) The following information is specified: (a) the number of years that the franchise or franchise system has operated in Australia; (aa) whether the franchisor, an associate of the franchisor, or a director of the franchisor or the associate, has been: (i) in the last 10 years—convicted of a serious offence (or equivalent offence outside Australia); or (ii) in the last 5 years—subject to final judgment in civil proceedings for a matter mentioned in item 4(1) of Schedule 1 to the Franchising Regulations; or (iii) bankrupt, insolvent under administration or a Chapter 5 body corporate (within the meaning of the Corporations Act) in Australia or elsewhere.

Note: For subparagraph (ii), the matters mentioned in item 4(1) of Schedule 1 to the Franchising Regulations include the following:

(a) breach of a franchise agreement;
(b) contravention of the Act or the Corporations Act;
(c) unconscionable conduct, misconduct or an offence of dishonesty;
(d) certain contraventions of workplace relations laws, other than unfair dismissal of an employee.
(b) the number of existing franchised businesses and franchisees, and businesses owned or operated by the franchisor or an associate of the franchisor in Australia that are substantially the same as the franchised business;
(c) each State or Territory in which a business or franchisee covered by paragraph (2)(b) operates;
(d) in relation to a franchisor’s requirements for the supply of goods or services to a franchisee—whether there are restrictions on the acquisition of goods or services by the franchisee from other sources;
(e) if the franchisor requires payment before a franchise agreement is entered into—why the money is required, how the money is to be applied, who will hold the money, and the conditions under which a payment will be refunded;
(f) details of the costs payable by a franchisee to start operating the franchised business;
Example: Details of costs may include upper and lower limits of potential costs, a description of potential costs or both).
(g) details of payments payable by a franchisee to the franchisor, or an associate of the franchisor, during the term of the franchise agreement;
Example: Details of payments may include upper and lower limits of potential payments, a description of potential payments or both).
(h) details of payments payable by a franchisee to a person other than the franchisor or an associate of the franchisor;
Example: Details of payments may include upper and lower limits of potential payments, a description of potential payments or both).
(i) whether the franchise agreement may be varied, unilaterally, by the franchisor;
(ia) whether the franchise agreement provides for arbitration of disputes in a manner consistent with Subdivision C of Division 2 of Part 5 of Chapter 2 of the Franchising Regulations;
(j) the term of the franchise agreement;
(k) whether a franchisee has an option to renew the franchise agreement;
(l) whether a franchisee has any rights relating to any goodwill generated by the franchisee;
(m) whether the franchise agreement includes a restraint of trade or similar clause;