92Initial obligation to provide information for inclusion in Register

92 Initial obligation to provide information for inclusion in Register

Franchisors to which this section applies (1) This section applies to a franchisor if: (a) the franchisor is proposing to enter into a franchise agreement with a prospective franchisee; and (b) the franchisor is required to give the prospective franchisee a copy of the disclosure document relating to the franchise under section 23; and (c) the franchisor has not previously provided information relating to the franchise for inclusion in the Register under: (i) this section; or (ii) clause 53C or 53D of Schedule 1 to the old regulations; and (d) if the franchisor is the master franchisor in a master franchise system—the master franchise system has 2 or more subfranchisors. Obligation to provide information (2) The franchisor must, in accordance with subsection (3), provide the following information for inclusion in the Register: (a) the name of the franchisor; (b) the name under which the franchisor carries on business in Australia relevant to the franchise; (c) if the franchisor has an ABN—the franchisor’s ABN; (d) the address, or addresses, of the franchisor’s registered office and principal place of business in Australia; (e) the business telephone number and email address of the franchisor; (f) the ANZSIC division and subdivision codes for the industry in which the business operated under the franchise operates; (g) any information required to be provided to the Chairperson under a determination under subsection (4).

Note: Persons other than the franchisor may provide the information on behalf of the franchisor (see Division 4).

Civil penalty: 600 penalty units.

(3) The information must be provided: (a) in a form and manner approved by the Chairperson in writing; and (b) at least 14 days before the franchisor enters into the franchise agreement with the prospective franchisee. Additional information franchisors may be required to provide to the Chairperson (4) The Secretary may, by legislative instrument, determine that each or a specified franchisor must provide to the Chairperson information that is required to be included in a disclosure document created by the franchisor that is not information mentioned in subsection 90(3).

Note 1: For specification of one or more classes of franchisors, see subsection 13(3) of the Legislation Act 2003.

Note 2: Section 20 of this instrument requires certain information to be included in a disclosure document.