99Transitional arrangements relating to certain disclosure documents given before 1 April 2025

99 Transitional arrangements relating to certain disclosure documents given before 1 April 2025

(1) This section applies to a disclosure document given to a prospective franchisee before 1 April 2025 for the purposes of clause 9 of Schedule 1 to the old regulations, for a franchise agreement proposed to be entered into, transferred, renewed or extended on or after 1 April 2025. (2) The disclosure document: (a) is taken to be a disclosure document for the purposes of subsection 20(1) of this instrument; and (b) is taken to have been given to the prospective franchisee for the purposes of subsection 23(2) or 23(3) of this instrument (as the case requires). (3) Despite the repeal of the old regulations on 1 April 2025, subclauses 8(6) and (7) of Schedule 1 to the old regulations, as in force immediately before that day, continue to apply in relation to the disclosure document until the end of 31 October 2025. (4) Section 21 of this instrument does not apply to the disclosure document before 1 November 2025.

Note: Example 1: If a financial year in relation to a franchisor and a franchise ends before 1 November 2025, the franchisor must update the disclosure document in accordance with subclause 8(6) of Schedule 1 to the old regulations. Section 21 of this instrument applies to the disclosure document for every financial year that follows.

Note: Example 2: If a financial year in relation to a franchisor and a franchise ends on or after 1 November 2025, the franchisor must update the disclosure document at the end of that financial year, and any financial years that follow, in accordance with section 21 of this instrument.