29Copy of lease etc.

29 Copy of lease etc.

Occupying premises under lease (1) If a franchisee leases premises from the franchisor or an associate of the franchisor for the purposes of a franchised business, the franchisor or the associate must give the franchisee: (a) either: (i) a copy of the lease; or (ii) a copy of the agreement to lease; and (b) details of any incentive or financial benefit that the franchisor or associate is entitled to receive as a result of the lease or agreement to lease.

Civil penalty: 600 penalty units.

(2) The copy and details must be given within 1 month after the lease or agreement to lease is signed by the parties.

Civil penalty: 600 penalty units.

(3) If: (a) premises are leased to the franchisor or an associate of the franchisor; and (b) a franchisee subleases, or a prospective franchisee proposes to sublease, the premises for the purposes of a franchised business; and (c) the lessor of the premises to the franchisor or associate complies with a requirement by or under a law of a State or Territory to disclose to the franchisor or associate (as lessee) written information relating to the lease; the franchisor or associate must, if requested to do so in writing, give the franchisee or prospective franchisee a copy of that information.

Note: A copy must also be given by the franchisor to a prospective franchisee before entering into a franchise agreement (see subsections 23(2) and (6)).

Civil penalty: 600 penalty units.

(4) The copy requested under subsection (3) must be given as soon as reasonably practicable, and not later than 7 days, after the request is made.

Civil penalty: 600 penalty units.

(5) If the franchisee occupies, without a lease, premises leased by the franchisor or an associate of the franchisor, the franchisor or the associate must give the following to the franchisee: (a) a copy of the franchisor’s lease or agreement to lease or of the associate’s lease or agreement to lease; (b) details of any incentive or financial benefit that the franchisor or associate is entitled to receive as a result of the lease or agreement to lease; (c) a copy of the documents that give the franchisee the right to occupy the premises; (d) written details of the conditions of occupation; (e) details of any incentive or financial benefit that the franchisor or associate is entitled to receive as a result of the franchisee’s right to occupy the premises.

Civil penalty: 600 penalty units.

(6) The copy and details must be given within 1 month after: (a) the occupation commences; or (b) for the documents mentioned in paragraph (5)(c)—the documents are signed by the parties.

Civil penalty: 600 penalty units.