97Application of this instrument—agreements entered into etc. on or after 1 April 2025

97 Application of this instrument—agreements entered into etc. on or after 1 April 2025

General (1) Subject to this section and subsection 99(4), this instrument applies to: (a) a franchise agreement entered into, transferred, renewed or extended on or after 1 April 2025, on and after the day the agreement is entered into, transferred, renewed or extended; and (b) conduct engaged in on or after 1 April 2025, in relation to such an agreement. Ombudsman’s power to publish franchisor’s refusal to engage in ADR process (2) Section 78 applies in relation to conduct of a franchisor occurring on or after 1 April 2025, in relation to a franchise agreement entered into, transferred, renewed or extended on or after 1 January 2015. Delayed application—compensation for early termination, and reasonable opportunity for return on investment, for certain agreements (3) Sections 43 and 44 do not apply to an agreement entered into, transferred, renewed or extended before 1 November 2025. Delayed application—provisions relating to specific purpose funds that are not marketing or other cooperative funds (4) Subsections (5) and (6) apply in relation to a specific purpose fund that is not a marketing fund or other cooperative fund controlled or administered by or for a franchisor or a master franchisor (whether the franchisee is a franchisee or subfranchisee of the franchisor or master franchisor). (5) Section 31 (financial statements) and section 61 (payments to and from funds) do not apply in relation to the fund before 1 November 2025. (6) Despite subsections 20(1) and (3), a disclosure document created before 1 November 2025 is not required to include the information mentioned in item 15 of Schedule 1 for the fund. Delayed application—information on significant capital expenditure (7) Despite subsections 20(1), (3) and (4), a disclosure document created before 1 November 2025 is not required to include the information mentioned in item 14(1A) or 14(1B) of Schedule 1.