Commonwealth act

Petroleum Retail Marketing Franchise Act 1980

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Act Number

139 of 1980

Collection

act

Plain English Summary

8/10 complexity

This Act sets minimum rules for petrol‑retail franchise agreements: it says which arrangements are covered, requires franchisors to disclose key information and to supply reasonable quantities of motor fuel, limits when franchisors can terminate or refuse renewal, restricts unreasonable assignment/novation conditions, and creates remedies including injunctions and compensation. It mainly affects franchisors (oil companies and related corporations), franchisees (service‑station operators and successors) and assignees, because franchisors bear notice, disclosure and compensation duties and courts decide disputes (see ss15, 10, 16, 22, 21, 26).

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Current sections

Direct links to the current provisions in Petroleum Retail Marketing Franchise Act 1980.

Part I

Preliminary

An Act relating to franchise agreements concerning the retail marketing of motor fuel

Part I—Preliminary

1 Short title [see Note 1]

This Act may be cited as the Petroleum Retail Marketing Franchise Act 1980.

2 Commencement [see Note 1]

This Act shall come into operation on the day on which it receives the Royal Assent.

3 Interpretation

(1) In this Act, unless the contrary intention appears:

agreement means any agreement, arrangement or understanding:

(a) whether formal or informal or partly formal and partly informal;
(b) whether written or oral or partly written and partly oral; and
(c) whether or not having legal or equitable force and whether or not based on legal or equitable rights.

business day, in relation to entering into a franchise agreement, means a day other than:

(a) a Saturday or a Sunday; or
(b) a day that is a public holiday in the place where the person proposing to be the franchisee resides.

child, in relation to a person, includes an adopted child, a step‑child or an ex‑nuptial child of that person.

commencement, in relation to an agreement, means the day on which the agreement comes into effect.

contravention, in relation to a provision of this Act or any other law, includes a failure to comply with that provision.

corporation means:

(a) a body corporate that is a foreign corporation;
(b) a body corporate that is a trading corporation formed within the limits of the Commonwealth;
(c) a body corporate that is incorporated in an internal Territory; or
(d) a body corporate that is related to a body corporate of a kind referred to in paragraph (a), (b) or (c).

director, in relation to a body corporate, includes any person occupying or acting in the position of director of the body corporate, by whatever name called and whether or not validly appointed to occupy or duly authorized to act in the position.

foreign corporation means a foreign corporation within the meaning of paragraph 51(xx) of the Constitution, and includes a body corporate that is incorporated in an external Territory.

franchise agreement means an agreement (other than an agreement between bodies corporate that are related to each other) containing:

(a) provisions, whether express or implied, under or by virtue of which a corporation (in this Act referred to as the franchisor) authorizes, permits or requires a person, being another party to the agreement (in this Act referred to as the franchisee), to use, in connection with the retail sale of motor fuel by that person at the premises to which the agreement relates, a mark identifying, commonly associated with, or controlled by, that corporation or a related corporation;
(b) provisions, whether express or implied, under or by virtue of which a corporation (in this Act referred to as the franchisor) grants a right to, or otherwise authorizes or permits, a person, being another party to the agreement (in this Act referred to as the franchisee), to possess, occupy or use the premises to which the agreement relates in connection with the retail sale of motor fuel by that person at those premises; or
(c) provisions, whether express or implied, under or by virtue of which:
(i) a corporation (in this Act referred to as the franchisor) is accustomed, entitled or required to supply motor fuel to a person, being another party to the agreement (in this Act referred to as the franchisee), for retail sale by that person at the premises to which the agreement relates; or
(ii) a person (in this Act referred to as the franchisee) agrees with a corporation (in this Act referred to as the franchisor) to acquire motor fuel from another person (whether a party to the agreement or not) for retail sale by the first‑mentioned person at the premises to which the agreement relates.

franchisee means a party to a franchise agreement, being the person referred to as the franchisee in paragraph (a) or (b) or subparagraph (c)(i) or (ii), as the case may be, of the definition of franchise agreement.

franchisor means a party to a franchise agreement, being the corporation referred to as the franchisor in paragraph (a) or (b) or subparagraph (c)(i) or (ii), as the case may be, of the definition of franchise agreement.

interim franchise agreement means a franchise agreement to which subsection 13(3) applies that is entered into for a term not exceeding one year.

lease includes a sub‑lease.

mark includes a symbol, design, colour, device, brand, heading, label, ticket, name, signature, word, letter or numeral, or any combination of the foregoing.

marketing premises means premises to which a franchise agreement relates, being the premises referred to in paragraph (a) or (b) or subparagraph (c)(i) or (ii), as the case may be, of the definition of franchise agreement.

motor fuel means any fuel to be used in propelling road vehicles, other than diesel fuel or liquefied gas.

officer, in relation to a body corporate, includes:

(a) a director or secretary of the body corporate;
(b) a receiver and manager of the whole or any part of the property of the body corporate appointed under a power contained in any instrument; or
(c) a liquidator of the body corporate appointed in a voluntary winding up.

parent, in relation to a person, means a person of whom that person is a child.

prescribed person, in relation to the supply of motor fuel that is, or is to be, sold at particular marketing premises, means:

(a) the franchisor;
(b) a corporation related to the franchisor; or
(c) the person (not being the franchisee or franchisor) referred to in subparagraph (c)(ii) of the definition of franchise agreement.

provision, in relation to an agreement, means any matter forming part of the agreement, and includes a covenant.

road vehicle means a vehicle designed solely or principally for transporting persons, goods or animals by road.

share, in relation to a body corporate, means a share in the capital of the body corporate, and includes stock.

supply tank, in relation to a road vehicle, means that part of the vehicle in which motor fuel for the propulsion of the vehicle is stored.

trading corporation means a trading corporation within the meaning of paragraph 51(xx) of the Constitution.

(2) Except so far as the contrary intention appears, a reference in this Act to an agreement shall be read as including a reference to a proposed agreement, an agreement as requested or proposed to be renewed, or a terminated or expired agreement and, in relation to such an agreement, a reference in this Act to a party to the agreement shall be read as a reference to a person who would be a party to the agreement if the agreement were in effect. (3) Unless the contrary intention appears, a reference in this Act, except in sections 6 and 15, to the time when an agreement is entered into shall, in the case of an agreement that does not commence on the day on which it is entered into, be read as a reference to the day on which it commences. (4) For the purposes of this Act, where, at the expiration of a franchise agreement, the franchisee and the franchisor or, in circumstances described in subsection 17B(2), another franchisor, enter into a new franchise agreement concerning the same subject matter, the new agreement shall be taken to be a renewal of the earlier agreement notwithstanding that the provisions of the new agreement may differ from those of the earlier agreement. (4A) In this Act, except so far as the contrary intention appears, a reference to renewal shall be read as including a reference to further renewal. (5) A reference in this Act, except in subsection 19(3), to retail sale by a person shall not be read as including retail sale by that person as servant or agent of another person. (6) A reference in this Act to a member of the immediate family of a franchisee shall be read as a reference to the spouse, or a parent, child, brother, sister, half‑brother or half‑sister, of the franchisee. (7) A reference in this Act to a company controlled by a franchisee shall be read as a reference to a company controlled by all or any of the following: (a) the franchisee; (b) the members of the immediate family of the franchisee. (8) Where a franchise agreement is one of 2 or more franchise agreements described in paragraph 6(1)(b), those agreements shall, for the purposes of this Act, be deemed to be related to each other. (9) In this Act: (a) a reference to an agreement shall be read as including a reference to a lease of, or a licence in respect of, premises, and shall be so read notwithstanding the express references in this Act to such leases or licences; (b) a reference to making or entering into an agreement, in relation to such a lease or licence, shall be read as a reference to granting or taking the lease or licence; and (c) a reference to a party to an agreement, in relation to such a lease or licence, shall be read as including a reference to any person bound by, or entitled to the benefit of, any provision contained in the lease or licence. (10) The express references in this Act to entering into an agreement by way of renewal shall not be taken to imply that other references to entering into an agreement do not include references to entering into an agreement by way of renewal. (11) A reference in a provision of this Act to a court shall be read as a reference to a court that, by virtue of section 26, has jurisdiction in matters arising under that provision. (12) For the purposes of this Act, motor fuel shall not be taken to be sold by retail at marketing premises unless it is delivered at those premises into the supply tanks of road vehicles by a metered pump, and references to the retail sale of motor fuel shall be construed accordingly. (13) Unless the contrary intention appears, references in this Act to the term of an agreement do not include references to any period of extension of the agreement by holding over or otherwise.

4 Related bodies corporate

(1) Where a body corporate: (a) is the holding company of another body corporate; (b) is a subsidiary of another body corporate; or (c) is a subsidiary of the holding company of another body corporate; that first‑mentioned body corporate and that other body corporate shall, for the purposes of this Act, be deemed to be related to each other. (2) For the purposes of this section, a body corporate shall, subject to subsection (4), be deemed to be a subsidiary of another body corporate if: (a) that other body corporate: (i) controls the composition of the board of directors of the first‑mentioned body corporate; (ii) is in a position to cast, or control the casting of, more than one‑half of the maximum number of votes that might be cast at a general meeting of the first‑mentioned body corporate; or (iii) holds more than one‑half of the issued share capital of the first‑mentioned body corporate (excluding any part of that issued share capital that carries no right to participate beyond a specified amount in a distribution of either profits or capital); or (b) the first‑mentioned body corporate is a subsidiary of any body corporate that is that other body corporate’s subsidiary (including a body corporate that is that other body corporate’s subsidiary by another application or other applications of this paragraph). (3) Without limiting by implication the circumstances in which the composition of a body corporate’s board of directors is to be taken to be controlled by another body corporate, the composition of a body corporate’s board of directors shall be taken to be controlled by another body corporate if that other body corporate, by the exercise of some power exercisable by it with or without the consent or concurrence of any other person, can appoint or remove all or a majority of the directors, and for the purposes of this provision that other body corporate shall be deemed to have power to make such an appointment if: (a) a person cannot be appointed as a director without the exercise in his favour by that other body corporate of such a power; or (b) a person’s appointment as a director follows necessarily from his being an officer of that other body corporate. (4) In determining whether a body corporate is a subsidiary of another body corporate: (a) any shares held or power exercisable by that other body corporate in a fiduciary capacity shall be treated as not held or exercisable by it; (b) subject to paragraphs (c) and (d), any shares held or power exercisable: (i) by a nominee for that other body corporate (except where that other body corporate is concerned only in a fiduciary capacity); or (ii) by, or by a nominee for, a subsidiary of that other body corporate, not being a subsidiary that is concerned only in a fiduciary capacity; shall be treated as held or exercisable by that other body corporate; (c) any shares held or power exercisable by any person by virtue of the provisions of any debentures of the first‑mentioned body corporate, or of a trust deed for securing any issue of such debentures, shall be disregarded; and (d) any shares held or power exercisable by, or by a nominee for, that other body corporate or its subsidiary (not being held or exercisable as mentioned in paragraph (c)) shall be treated as not held or exercisable by that other body corporate if the ordinary business of that other body corporate or its subsidiary, as the case may be, includes the lending of money and the shares are held or the power is exercisable only by way of security given for the purposes of a transaction entered into in the ordinary course of business in connection with the lending of money, not being a transaction entered into with an associate of the other body corporate or its subsidiary. (5) A reference in this section to the holding company of a body corporate shall be read as a reference to a body corporate of which that other body corporate is a subsidiary. (6) In this section, debenture includes debenture stock, bonds, notes and any other document evidencing or acknowledging indebtedness of a body corporate in respect of money that is or may be deposited with or lent to the body corporate, whether constituting a charge on property of the body corporate or not.

5 Associates

(1) For the purposes of this Act, the following persons are associates of a person: (a) a partner of the person; (b) where the person is a body corporate: (i) an officer of the body corporate; (ii) a body corporate that is related to the first‑mentioned body corporate; or (iii) an officer of a body corporate that is related to the first‑mentioned body corporate; (c) an officer of a body corporate of which the person is an officer; (d) a body corporate whose directors are accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of the person or, where the person is a body corporate, of the directors of the person; (e) a body corporate in accordance with the directions, instructions or wishes of which, or of the directors of which, the person is accustomed or under an obligation, whether formal or informal, to act; (f) a body corporate in which the person holds a substantial interest; (g) a person in concert with whom the person is acting, or proposes to act, in respect of the matter to which the relevant provision of this Act relates; (h) a person with whom the person is, or proposes to be, associated, whether formally or informally, in any other way in respect of the matter to which the relevant provision of this Act relates; (j) if the person has entered into, or proposes to enter into, a transaction or has done, or proposes to do, any other act or thing, with a view to becoming an associate of a person as mentioned in paragraph (g) or (h)—that last‑mentioned person; (k) a person who is, by virtue of paragraph (g), (h) or (j), an associate of any other person who is an associate of the person by virtue of any of those paragraphs or by virtue of another application or other applications of this paragraph. (2) A person shall not be taken to be an associate of another person by virtue of paragraph (1)(g), (h) or (j) by reason only that the person: (a) furnishes advice to, or acts on behalf of, that other person in a professional capacity; (b) is a party to a franchise agreement to which that other person is a party; or (c) is a party to an agreement under which that other person, being a franchisor, sells its interest in, or grants a lease of, the marketing premises to the person. (3) For the purposes of this section, a person shall be taken to hold a substantial interest in a body corporate if the person, alone or together with any associate or associates of the person, is in a position to control not less than 15% of the voting power in the body corporate or holds interests in not less than 15% of the issued shares in the body corporate. (4) Where: (a) a person holds a substantial interest in a body corporate (including a substantial interest held by that person by another application or other applications of this subsection); and (b) that body corporate is in a position to control all or any of the voting power in another body corporate or holds interests in all or any of the issued shares in another body corporate; that person shall be taken to be in a position to control so much of the voting power in the other body corporate as the first‑mentioned body corporate is in a position to control or to hold the interests in the issued shares in the other body corporate that the first‑mentioned body corporate holds, as the case may be. (5) A reference in this section to control of the voting power in a body corporate shall be read as a reference to control that is direct or indirect, including control that is exercisable as a result of, by means of, in breach of, or by revocation of, trusts, agreements or practices, whether or not having legal or equitable force and whether or not based on legal or equitable rights.

6 Application of Act

(1) This Act does not apply in relation to a franchise agreement unless the agreement: (a) contains provisions of the kinds referred to in paragraphs (a) and (b), and of the kind referred to in subparagraph (c)(i) or (ii), of the definition of franchise agreement in subsection 3(1); or (b) is one of 2 or more franchise agreements that together contain provisions of the kinds referred to in paragraphs (a) and (b), and of the kind referred to in subparagraph (c)(i) or (ii), of that definition, where: (i) the franchisees in relation to those agreements are the same person or are connected with each other; (ii) the franchisors in relation to those agreements are the same corporation or are related to each other; and (iii) those agreements relate to the same marketing premises. (1A) Where: (a) a franchise agreement (in this subsection referred to as the relevant agreement), being: (i) an agreement entered into otherwise than by way of renewal; or (ii) an agreement entered into by way of renewal, where the franchisor is not required by this Act so to enter into the agreement; is entered into on or after 1 January 1985; (b) immediately before the relevant agreement is entered into, the franchisor believes on reasonable grounds that the quantity of motor fuel (being motor fuel to be supplied under the relevant agreement or a related agreement by prescribed persons) that will be sold by retail by or on behalf of the franchisee at the marketing premises during the term of the relevant agreement will amount to less than the relevant number of litres; and (c) the franchisor has served on the franchisee, not less than 3 business days before the relevant agreement is entered into, a statement in writing setting out particulars of the grounds for his belief; this Act does not apply in relation to the relevant agreement. (1B) For the purposes of paragraph (1A)(b), the relevant number, in relation to an agreement, is the number ascertained by multiplying the number of complete months included in the term of the agreement by 30,000 or such other number as is prescribed. (1C) In any proceedings in which a franchisor claims that he had the belief referred to in subsection (1A): (a) the onus of establishing: (i) that the grounds for that belief were reasonable; and (ii) that a statement was served in accordance with paragraph (1A)(c); lies on the franchisor; and (b) the franchisor is not entitled to rely on any grounds for that belief other than grounds whose particulars were set out in a statement served in accordance with that paragraph. (1D) Where: (a) premises were, in a statement lodged under section 11 of the Petroleum Retail Marketing Sites Act 1980 at any time before 1 September 1984, specified as being a retail site operated by a particular corporation; and (b) the premises have been operated as a retail site by the corporation or a related corporation on a day or days occurring during each of the following months, namely, September, October, November and December in the year 1984; then, in relation to any franchise agreement (whether entered into before, on or after 1 January 1985) in relation to which the premises are the marketing premises, this Act does not apply at any time before the end of the first month during which neither the corporation nor a related corporation operates the premises as a retail site. (1DA) Where: (a) a corporation operated premises as a retail site on a day (in this subsection referred to as the relevant day), being 1 August 1984 or a day after that date and before 1 January 1985; (b) if a franchise agreement in relation to which the premises were marketing premises was in effect immediately before the relevant day—the agreement did not continue in effect, and the franchisor in relation to the agreement was not required by this Act to renew the agreement, on or after that day; and (c) the premises have been operated as a retail site by the corporation or a related corporation on every day after the relevant day and before 1 January 1985, other than a particular day referred to in subsection 11(9) of the Petroleum Retail Marketing Sites Act 1980; then, in relation to any franchise agreement (whether entered into before, on or after 1 January 1985) in relation to which the premises are the marketing premises, this Act does not apply at any time before the end of the first month during which neither the corporation nor a related corporation operates the premises as a retail site. (1E) Where: (a) a franchise agreement (in this subsection referred to as the relevant agreement) is entered into in relation to marketing premises on a day (in this subsection referred to as the relevant day), being 1 January 1985 or a later day; (b) if a franchise agreement in relation to which the premises were marketing premises was in effect immediately before the relevant day—the agreement did not continue in effect, and the franchisor in relation to the agreement was not required by this Act to renew the agreement, on or after that day; and (c) the franchisor in relation to the relevant agreement has served on the franchisee in relation to that agreement, not less than 3 business days before the relevant day, a notice in writing stating that: (i) the marketing premises will be operated by the franchisor as a retail site on and after the relevant day; and (ii) the premises will, in a statement to be lodged under section 11 of the Petroleum Retail Marketing Sites Act 1980 not later than 30 days after the end of the month in which the relevant day occurs, be specified as a retail site operated by the franchisor; this Act does not apply in relation to the relevant agreement at any time before the end of the first month during which the franchisor does not operate the premises as a retail site. (1F) Expressions used in subsections (1D), (1DA) and (1E) have the same respective meanings as in the Petroleum Retail Marketing Sites Act 1980, disregarding subsection 7(3) of that Act. (2) Subject to this section, the provisions of sections 9A, 10, 11A, 17, 17A, 17B and 19A and Parts III and IV and, to the extent necessary for the application of those provisions by virtue of this subsection, this Part and section 8A, extend to a franchise agreement in effect at the commencement of this Act. (3) Subject to this section, subsection 19(1) extends to the failure or refusal to renew a franchise agreement in effect immediately before the commencement of this Act. (4) The provisions of subsection 17(1) extend to circumstances or an event constituting a ground referred to in that subsection that occurred before the commencement of this Act if the circumstances or event would, in accordance with the provisions of the franchise agreement concerned, have entitled the franchisor to terminate or refuse to renew the agreement. (5) Where: (a) this Act applies in relation to a franchise agreement; and (b) the person who is the franchisee enters into an agreement with a corporation that is, or is related to, the franchisor under or by virtue of which the corporation is entitled or required to supply that person with goods, being lubricants, parts, accessories or other materials for road vehicles, for retail sale by that person at the marketing premises; this Act applies in relation to the agreement so entered into as if it were a franchise agreement, and, for the purposes of that application, that person shall be deemed to be the franchisee and the corporation shall be deemed to be the franchisor. (6) Subject to subsections (2), (3) and (4), this Act does not apply in relation to a franchise agreement that was entered into before the commencement of this Act. (7) For the purposes of subparagraph (1)(b)(i), the following persons are connected with a person: (a) the spouse or a parent or child of the person; (b) a partner of the person; (c) a body corporate of which the person is an officer; (ca) where the person is a body corporate—any officer of the body corporate; (d) where the person is a body corporate—a related body corporate; (e) any person who is, by virtue of this subsection, connected with any other person who is connected with the person (including a person who is connected with the person by another application or other applications of this paragraph). (8) So long as, by virtue of a provision of this section, this Act does not apply in relation to a franchise agreement, this Act does not apply in relation to any related agreement.

7 Act to have effect notwithstanding agreements

(1) This Act applies notwithstanding any agreement to the contrary and, in particular, but without limiting the generality of the foregoing, a provision in any agreement is void to the extent that it purports to exclude, limit or modify, or is otherwise inconsistent with, the operation of a provision of this Act or any right or remedy based on or arising out of a provision of this Act. (2) Nothing in this Act shall be taken to affect the operation of an agreement to the extent that the agreement is capable of operating consistently with this Act. (3) Where: (a) the proper law of an agreement would, but for a provision that it should be the law of some other country or a provision to the like effect, be the law of any part of Australia; or (b) an agreement contains a provision that purports to substitute, or has the effect of substituting, provisions of the law of some other country or of a State or Territory for all or any of the provisions of this Act; this Act applies to the agreement notwithstanding that provision. (4) Where a provision of a franchise agreement would, but for subsection (1), have the effect of restricting the volume of motor fuel to be sold by retail at the marketing premises, then, if, and only if: (a) petroleum products in liquid form were dealt with at those premises at any time or times during the period of 4 months immediately before the agreement was entered into; and (b) the volume of motor fuel (if any) sold by retail at those premises during that period did not exceed 25% of the total volume of those products so dealt with during that period; that subsection does not apply to that provision by reason only that the provision would have that effect. (5) For the purposes of paragraph (4)(a), a quantity of a petroleum product shall be taken to have been dealt with at marketing premises at a time if, and only if, at that time: (a) it was sold from the premises and had not been previously sold from the premises; or (b) it was transported from the premises for purposes of sale elsewhere and had not been previously transported from the premises for those purposes.

8 Operation of State and Territory laws

This Act is not intended to affect the operation of a law of a State or Territory to the extent that that law is capable of operating concurrently with this Act.

Part II—Franchise agreements

8A Interpretation

In this Part, unless the contrary intention appears, franchise agreement means a franchise agreement in relation to which this Act applies, and franchisee and franchisor shall be construed accordingly.

9 Franchisor not to impose impossible or unreasonable obligations

(1) A corporation shall not enter, as franchisor, into a franchise agreement that contains a provision imposing an obligation on the franchisee that is likely to be impossible or unreasonably onerous to perform at the time when it is required to be performed. (2) Where a franchise agreement contains a provision of a kind referred to in subsection (1), the provision is void. (3) This section shall not be taken to affect the operation of the law relating to frustration of contract. (4) Where a provision of an agreement is rendered void by the operation of subsection (2), the validity of the agreement is not otherwise affected, but, if that provision is not severable, the franchisee may: (a) avoid the agreement; or (b) apply to a court for an order under subsection (5). (5) In any proceedings under subsection (4) in relation to an agreement, the court may make: (a) an order varying the agreement in such manner as the court considers just and equitable for the purpose of enabling the provisions of the agreement to have effect to the extent that they are not rendered void by the operation of subsection (2); and (b) such ancillary or consequential orders as it thinks fit, including orders directing the preparation and execution of documents.

9A Payments by franchisee not to be increased unreasonably

(1) Where: (a) a provision of a franchise agreement or any other agreement to which the franchisee is a party has the effect, directly or indirectly, of conferring a right on the franchisor to increase an amount, or the aggregate of the amounts, that would, but for the exercise of that right, be payable by the franchisee in accordance with, or in a manner calculated or determined under, the franchise agreement; (b) in the exercise of that right, the franchisor increases such an amount, or the aggregate of such amounts; and (c) the whole or part of the amount of the increase is unreasonable, having regard to the market value of any interest, goods or services to which any amount included in the increase relates; the amount of the increase is, by force of this section, reduced by so much of the amount of the increase as is unreasonable. (2) Where: (a) by reason of any agreement providing for any rebate, waiver, discount, allowance or like arrangement, an amount, or the aggregate of the amounts, payable by a franchisee in accordance with, or in a manner calculated or determined under, the franchise agreement is less than it would otherwise be; (b) at a later time, by reason of the reduction or withdrawal of the whole or part of the benefit of the agreement referred to in paragraph (a), any such amounts, or the aggregate of such amounts, is increased; and (c) the whole or part of the amount of the increase is unreasonable, having regard to the market value of any interest, goods or services to which any amount included in the increase relates; the amount of the increase is, by force of this section, reduced by so much of the amount of the increase as is unreasonable. (3) For the purposes of this section, where a franchise agreement has been renewed, the franchise agreement and the franchise agreement as renewed shall be treated as a single franchise agreement. (4) This section shall be deemed to have extended to an increase or, where more than one, to have extended successively to each increase, made at any time before the date of commencement of this section, but, in relation to any such increase, has effect only for purposes of determining the amount of a payment that becomes due on or after that date. (5) In this section:

agreement, except in the expression franchise agreement, includes an agreement that is not a franchise agreement.

amount does not include an amount payable in respect of motor fuel or other stock in trade.

10 Supply of motor fuel

(1) The succeeding provisions of this section apply in relation to a franchise agreement to the extent that they are not inconsistent with the operation of an emergency law (including a direction or order given or made under such a law). (2) The franchisor shall, during the term of the franchise agreement, supply to the franchisee at the marketing premises such quantity of motor fuel as is from time to time reasonably required by the franchisee for retail sale by him at the premises. (3) In relation to a franchise agreement in effect immediately before the commencement of this Act, the amounts payable by the franchisee in respect of any motor fuel supplied to him by the franchisor under subsection (2) in excess of the quantity that the franchisor is required to supply to him in accordance with that agreement shall be as are agreed between the franchisor and the franchisee or, failing agreement, as are determined by a court. (4) Subsection (2) does not apply during any period in which: (a) the franchisee fails or refuses to comply with a provision of the franchise agreement relating to payment with respect to motor fuel supplied or to be supplied in pursuance of that subsection; or (b) the franchisor is, by reason of a shortage of supplies, an industrial dispute or circumstances beyond its control, unable to supply motor fuel to the franchisee in accordance with that subsection. (5) Where paragraph (4)(b) applies, the franchisor shall use its best endeavours to supply motor fuel to all persons who are franchisees in relation to franchise agreements to which the franchisor is a party (in this subsection referred to as its franchisees) in such manner as is fair and equitable as between each of its franchisees and as between its franchisees and any other persons to whom it supplies motor fuel, having regard to the respective needs of its franchisees, of those other persons and of the public. (6) In any proceedings involving a question arising under subsection (2), if this subsection is capable of application and the franchisee informs the court that he wishes to rely on this subsection, the court shall presume, unless the contrary is established, that the quantity of motor fuel reasonably required by the franchisee to be supplied by the franchisor for retail sale at the marketing premises in a particular month is equal to the quantity that was supplied by prescribed persons in the corresponding month of the preceding year to the franchisee for retail sale at those premises, whether or not the franchise agreement concerned was in effect, or was a franchise agreement to which this Act applied, at that time. (7) In this section, emergency law means a law of the Commonwealth or of a State or Territory controlling, directing, restricting or prohibiting the sale, supply, use or consumption of motor fuel during a period of interruption, reduction or cessation of normal supplies of motor fuel, other than a law declared by the regulations not to be an emergency law for the purposes of this section.

11 Assignment of rights etc. of franchisee

(1) In this section:

assignment does not include an equitable assignment.

interest includes rights and benefits.

obligations includes liabilities and burdens.

(1A) In this section, person with prescribed experience, in relation to a particular time, means a person who, for a period amounting, or for periods amounting in the aggregate, to one year or more during the period of 6 years preceding that time, was a franchisee in relation to a franchise agreement or franchise agreements, where the agreement, or each of the agreements, as the case may be, was not terminated by reason of a ground referred to in any of paragraphs 16(2)(a) to (j) (inclusive) or by reason of any other breach of the agreement by the person. (2) A corporation is not entitled, directly or indirectly, to enforce, or to rely as a defence on, any provision of a franchise agreement or of a related agreement (not being a provision to which subsection (3) applies) that would, but for this subsection, have the effect of: (a) prohibiting the franchisee in relation to the first‑mentioned agreement from assigning the whole or part of his interest under the first‑mentioned agreement; (b) limiting or restricting, or imposing conditions on, his power to make such an assignment; or (c) requiring him, before making such an assignment, to offer to surrender the whole or part of that interest to the franchisor. (3) Where a provision of a franchise agreement has the effect of prohibiting the franchisee from assigning the whole or part of his interest under the agreement without the consent of the franchisor, the franchisor shall not unreasonably withhold its consent and, where its consent is unreasonably withheld, it shall be deemed to have granted its consent. (4) Where a franchisor withholds consent to an assignment of the whole or part of the interest of the franchisee under a franchise agreement (being an agreement containing a provision referred to in subsection (3)) and the proposed assignee is a person who is none of the following: (a) a person with prescribed experience; (b) a member of the franchisee’s immediate family; (c) a company controlled by the franchisee; then, for the purposes of subsection (3), the consent of the franchisor shall be deemed to be reasonably withheld. (5) Where a franchisee proposes to make an assignment of the whole of his interest under a franchise agreement (being an agreement containing a provision referred to in subsection (3)) to a person who is neither a member of the franchisee’s immediate family nor a company controlled by the franchisee, (in this subsection and subsection (5A) referred to as the proposed assignment), he shall serve on the franchisor a notice in writing setting out particulars of the proposed assignment and offering to do whichever of the following acts is required by the franchisor to be done, namely: (a) to terminate the franchise agreement for an amount of consideration equal to the consideration for the proposed assignment; or (b) to assign the whole of that interest to such person as the franchisor may nominate, on terms not less favourable to the person nominated than the terms of the proposed assignment. (5A) Within 30 days after the service on a franchisor of a notice under subsection (5), the franchisor shall serve on the franchisee a notice in writing: (a) granting or withholding consent to the proposed assignment; (b) rejecting the offers made in the first‑mentioned notice; (c) accepting the offer to terminate the franchise agreement; or (d) nominating a person to whom the franchisee may assign his interest in the agreement; and if, at the expiration of that period of 30 days, the franchisor has not served such a notice, the franchisor shall be taken to grant consent to the proposed assignment. (6) Where, without the consent of the franchisor, a franchisee in relation to a franchise agreement (being an agreement containing a provision referred to in subsection (3)): (a) makes an assignment of the whole of his interest under the agreement without first having served on the franchisor a notice under subsection (5); or (b) after having served on the franchisor such a notice, makes an assignment of the whole of his interest under the agreement to a person other than a person nominated by the franchisor in accordance with subsection (5A); then, for the purposes of subsection (3), the consent of the franchisor shall be deemed to have been reasonably withheld. (7) For the purposes of subsection (3), where a franchisor requires payment or other consideration for its consent to an assignment (other than payment of reasonable administrative and legal costs incurred in the giving of consent), the consent shall be deemed to be unreasonably withheld. (8) Nothing in this section shall be taken to limit the grounds upon which consent to an assignment may be reasonably withheld. (9) When a franchisee duly assigns the whole or part of his interest under a franchise agreement (whether or not the agreement contains a provision referred to in subsection (3)), the agreement has effect, by force of this subsection, as if the franchisor, the franchisee and the assignee had agreed: (a) in the case of an assignment of the whole of that interest—to the immediate assignment to the assignee of all the obligations imposed on the franchisee by the provisions of the agreement, other than obligations transferred by the assignment of that interest; or (b) in the case of an assignment of part of that interest—to the franchisee and the assignee immediately becoming jointly and severally bound by all those obligations, other than obligations transferred by the assignment of that interest. (10) Where: (a) a franchisee duly assigns to a person (in this subsection referred to as the assignee) the whole or part of his interest under a franchise agreement that is one of 2 or more related agreements (whether or not the franchise agreement contains a provision referred to in subsection (3)); and (b) at or after the time when the assignment is made, the person who is the franchisee in relation to a related agreement (in this subsection referred to as the assignor) duly assigns the whole or part of his interest under that related agreement to the assignee; that related agreement has effect, by force of this subsection, as if the corporation that is the franchisor in relation to that related agreement, the assignor and the assignee had agreed: (c) in the case of an assignment of the whole of the interest under that related agreement—to the immediate assignment to the assignee of all the obligations imposed on the assignor by the provisions of that related agreement; or (d) in the case of an assignment of part of the interest under that related agreement—to the assignor and the assignee immediately becoming jointly and severally bound by all those obligations. (11) Where, but for this subsection, the whole or part of the interest of the franchisee under a franchise agreement would not be capable of assignment by reason of the agreement being a contract of a personal nature, the agreement has effect, by force of this subsection, as if the franchisor had agreed, at all relevant times, that that interest, or that part of that interest, as the case may be, was capable of assignment. (12) Where an assignment of obligations under a franchise agreement occurs by virtue of paragraph (9)(a) or (10)(c), then, for the purposes of sections 13, 15, 17, 17A and 17B, the franchise agreement as subsisting after the assignment shall not be taken, by reason of the assignment, to be a new agreement. (13) A reference in this section to obligations, in relation to the assignment of an interest under an agreement, does not include a reference to an obligation the time for the performance of which has arisen before the time when the assignment is made. (14) Nothing in this section shall be taken to affect the right of a franchisee: (a) to assign his interest under the franchise agreement by way of mortgage or charge; or (b) to grant, confer or sublet a lesser interest derived from his interest under the franchise agreement; or to affect the operation of a provision of the agreement of a kind referred to in subsection (2) to the extent that it relates to such an assignment or grant.

11A Disposition of interests etc. of franchisor

(1) A franchisor in relation to a franchise agreement shall not grant or transfer any interest in any marketing premises to which the agreement relates, or assign any of its rights under the agreement, to a person other than the franchisee if, as a result of the grant, transfer or assignment, this Act would, by virtue of the operation of paragraph 6(1)(a) or subparagraph 6(1)(b)(ii), cease to apply in relation to the agreement, whether wholly or so far only as it relates to any particular marketing premises. (2) A purported grant, transfer or assignment in contravention of subsection (1) is void to the extent that it would have a result referred to in that subsection.

12 Addition of further franchisees by novation

(1) Where a franchisee, by notice in writing served on the franchisor, requests the consent of the franchisor to a novation of the franchise agreement the sole purpose of which is to join a person or persons specified in the notice as an additional franchisee or additional franchisees, the franchisor shall not unreasonably withhold its consent and, where its consent is unreasonably withheld, it shall be deemed to have granted its consent. (2) Where a franchisor withholds consent to a proposed novation the sole purpose of which is to join, as franchisee, a person who is none of the following: (a) a person with prescribed experience; (b) a member of the franchisee’s immediate family; (c) a company controlled by the franchisee; then, for the purposes of subsection (1), the consent of the franchisor shall be deemed to be reasonably withheld. (3) Where a franchisor requires payment or other consideration for its consent to a proposed novation of the kind referred to in subsection (1) (other than payment of reasonable administrative and legal costs incurred in the giving of consent), the consent shall be deemed to be unreasonably withheld. (4) Nothing in this section shall be taken to limit the grounds upon which consent to a proposed novation may be reasonably withheld. (5) Where, in relation to a franchise agreement, there occurs a novation of the kind referred to in subsection (1), sections 13, 15, 17, 17A and 17B apply in relation to the new agreement as if it were a continuation, without interruption, of the first‑mentioned agreement. (6) In this section, person with prescribed experience has the same meaning as in section 11.

13 Duration of franchise agreements

(1) A corporation shall not enter, as franchisor, into a franchise agreement the term of which does not comply with the requirements of this section. (2) Subject to subsection (6), the term of: (a) a franchise agreement entered into otherwise than by way of renewal, where the franchisee has produced to the franchisor, before entering into the agreement, evidence reasonably sufficient to show that he is a person with prescribed experience; or (b) a franchise agreement entered into by way of renewal, other than an agreement referred to in subsection (4); shall be not less than 3 years. (3) The term of a franchise agreement, other than an agreement referred to in paragraph (2)(a) or an agreement entered into by way of renewal, shall be one year or less, or 3 years or more. (4) Subject to subsections (5) and (6), where: (a) a corporation enters, as franchisor, into a franchise agreement by way of renewal; and (b) the term of the original agreement amounts, or the terms of the original agreement and of any previous renewal amount in the aggregate, to a period of more than 6 years and less than 9 years; the term of the agreement so entered into shall be a period that is not less than the difference between the period referred to in paragraph (b) and 9 years. (5) In ascertaining the length of the term of an agreement for the purposes of paragraph (4)(b), so much of the term of the agreement as has occurred at a time when this Act did not apply to the agreement shall be disregarded. (6) Where: (a) a corporation proposes to enter, as franchisor, into a franchise agreement; (b) the marketing premises to which the proposed agreement relates are held by that corporation or a related corporation as lessee under a lease in respect of which the lessor is not a corporation related to the lessee; and (c) the term of the proposed agreement would, but for this subsection, be required by subsection (2), (3) or (4) to extend beyond the expiration of the term of the lease; the term of the proposed agreement shall be a period expiring immediately before the expiration of the term of the lease. (7) Where, by reason of the operation of subsection (6), the term of a franchise agreement entered into by a corporation is less than it would otherwise have been and: (a) the corporation or a related corporation becomes the owner of the reversion of the marketing premises, whether by merger or otherwise; or (b) after the expiration of the term of the lease referred to in subsection (6), the corporation or a related corporation continues to hold the marketing premises as lessee by holding over or otherwise; then, unless the franchisee serves on the corporation a notice in writing terminating the agreement, the agreement has effect, by force of this subsection, as if the corporation and the franchisee had agreed to the extension of the term of the franchise agreement for a period expiring: (c) where paragraph (a) applies—at the expiration of the period that, but for subsection (6), would have been the minimum term of the agreement provided by subsection (2) or (4), as the case may be; or (d) where paragraph (b) applies: (i) at the expiration of the period referred to in paragraph (c); or (ii) immediately before the expiration of the period during which the corporation or a related corporation holds the premises or, where there are 2 or more such periods, of the later or latest of those periods; whichever is the sooner. (8) Where: (a) a franchise agreement containing provisions of the kind referred to in paragraph (b) of the definition of franchise agreement in subsection 3(1) is extended by virtue of subsection (7); and (b) the rate of the rent payable by the franchisor in respect of the period of the extension under the lease of the marketing premises exceeds the rate of the rent that was payable by the franchisor or a related corporation under that lease or another lease of the marketing premises in respect of the corresponding period ending immediately before the commencement of the period of the extension; the rate of the amounts payable by the franchisee under the agreement in respect of the possession, occupation or use of the marketing premises may, to take account of the increased rate of that rent, be increased to such extent as is agreed upon between the franchisee and the franchisor or, failing agreement, as is determined by a court. (9) Where the term of an agreement is extended by virtue of subsection (7), any amount payable by the franchisee under the agreement (other than an amount to which subsection (8) applies or an amount payable in respect of motor fuel or other stock in trade) and calculated by reference to the full period of the term of the agreement before the extension shall be deemed to be increased by an amount that bears to the first‑mentioned amount the same proportion as the period of the extension bears to that full period. (10) Where a corporation purports to enter into a franchise agreement in contravention of a subsection of this section or this Act commences to apply in relation to an existing franchise agreement whose term contravenes a subsection of this section, the franchise agreement is not thereby invalidated, but the term of the agreement is: (a) in the case of a contravention of subsection (3): (i) if the marketing premises are held by that corporation or a related corporation as lessee under a lease in respect of which the lessor is not a corporation related to the lessee and the term of the lease will expire less than 3 years after the commencement of the agreement —a period expiring immediately before the expiration of the term of the lease; or (ii) if subparagraph (a)(i) does not apply—3 years; or (b) in any other case—the term, or the minimum term, as the case may be, provided by the subsection contravened.

(11) For the purposes of this section, where a franchise agreement:

(a) is one of 2 or more related franchise agreements; and
(b) does not contain provisions of the kind referred to in paragraph (b) of the definition of franchise agreement in subsection 3(1);

it shall be deemed to commence on the commencement of whichever of those agreements contains provisions of that kind. (12) In this section, person with prescribed experience, in relation to a particular time, means a person who, for a period amounting, or for periods amounting in the aggregate, to one year or more during the period of 6 years preceding that time, was a franchisee in relation to a franchise agreement or franchise agreements (whether or not this Act applied at any time to the agreement or agreements), where the agreement, or each of the agreements, as the case may be, was not terminated by reason of a ground of a kind referred to in any of paragraphs 16(2)(a) to (j) (inclusive) or by reason of any other breach of the agreement by the person.

14 Application of Act in relation to interim franchise agreements

Where an agreement to which subsection 13(3) applies is entered into for a term not exceeding one year, sections 11, 11A, 12, 16, 17, 17A, 17B, 19 and 19A do not apply in relation to that agreement.

15 Disclosure of information by franchisor

(1) A corporation shall not enter into a franchise agreement as franchisor unless, not less than 3 business days before the day on which the agreement is entered into, it has supplied to the franchisee a statement in writing containing all information in the possession of the franchisor and related corporations, being information relating to the operation or proposed operation of the marketing premises and reasonably likely to influence the decision of the franchisee to enter into the agreement. (2) A statement referred to in subsection (1) shall, for the purposes of that subsection, include information relating to the following matters: (a) all amounts to be payable by the franchisee to the franchisor under the agreement or, in the case of amounts not fixed by the agreement, the manner in which those amounts are to be calculated or determined; (b) all goods and services to be required to be accepted by the franchisee under the agreement; (c) particulars of any finance that is, or is to be, offered to, or required to be accepted by, the franchisee under or in connection with the agreement; (d) the provisions (if any) of the agreement containing limitations or restrictions relating to: (i) goods that may be sold, and services that may be provided, by the franchisee; or (ii) the persons or classes of persons to whom goods may be sold, and services provided, by the franchisee; (e) the extent to which the franchisee is to be required or, where the franchisee is a body corporate, the extent to which a person or persons specified in the agreement is or are to be required, to engage personally in the operation of the marketing premises; (f) the provisions (if any) of the agreement relating to training of the franchisee or, where the franchisee is a body corporate, relating to training of a person or persons specified in the agreement; (g) the rights of the franchisee under the agreement and under this Act relating to the termination and renewal of the agreement; (h) where the agreement contains a provision of a kind referred to in subsection 11(3), the rights of the franchisee under this Act to assign the whole or part of his interest under the agreement; (j) the rights of the franchisee under section 12 with respect to the novation of the agreement; (k) where, during the period of 3 years immediately preceding the date on which the statement is supplied to the franchisee, the marketing premises have been operated for the retail sale of motor fuel by a person other than the franchisee—particulars of that operation, including the profitability of that operation; (m) in respect of any premises situated within 2 kilometres of the marketing premises that were, during the year immediately preceding the date on which the statement is supplied to the franchisee, operated by a person other than the franchisee for the retail sale of motor fuel supplied by the franchisor or a related corporation: (i) the situation of the premises; (ii) the name under which business was carried on on the premises; and (iii) whether or not that business was carried on by a franchisee, agent or employee of, or under any other arrangement with, the franchisor or a related corporation; (n) the total number of franchise agreements to which the franchisor and related corporations, respectively, were parties and which were avoided, terminated, or not renewed, by the franchisees during a specified period of a year that expired not more than 4 months before the date on which the statement is supplied to the franchisee; (p) the total number of franchise agreements to which the franchisor and related corporations, respectively, were parties and which were terminated, or not renewed, by the franchisor and those corporations during the period referred to in paragraph (n), together with a statement of the reasons for each termination or non‑renewal; (q) any plan or scheme under consideration, or negotiations entered into, by the franchisor or a related corporation for the operation, at any time during the term of the agreement, of premises (other than the marketing premises) for the retail sale of motor fuel, where the operation of those premises could adversely affect, to a material extent, the profitability of the marketing premises; (r) any proposal, plan or decision made by the Commonwealth or a State or Territory, or a local governing body, concerning the resumption or acquisition of land, the construction, closure or alteration of any road, or any other matter of a town planning nature, that could adversely affect, to a material extent, the profitability of the marketing premises; (s) any other prescribed matters. (3) The express provisions of subsection (2) are not intended to imply a limitation of the generality of the description in subsection (1) of information to be contained in a statement referred to in subsection (1). (3A) The regulations may, for the purposes of subsection (1), specify the information, and the manner of presenting the information, required to be included in a statement referred to in that subsection, being information relating to any of the matters referred to in paragraphs (2)(a) to (s) (inclusive). (4) In relation to a franchise agreement entered into by way of renewal of an agreement that was entered into (whether by way of renewal or otherwise) after the commencement of this Act, subsections (1) and (2) shall not be taken to require the disclosure of any information unless: (a) it differs in a material particular or to a material extent from the information supplied by the franchisor to the franchisee in accordance with those subsections at the time when the agreement to be renewed was entered into; or (b) it relates to a matter concerning which, or a period in relation to which, no information was supplied to the franchisee in accordance with those subsections at that time. (5) Where a franchisor enters into a franchise agreement in contravention of subsection (1), the agreement is voidable at the instance of the franchisee. (6) An agreement is not voidable under subsection (5) by reason of the failure by the franchisor to disclose, or the false, misleading or incorrect statement by the franchisor of, any information unless: (a) the information was material to the operation, including the profitability of the operation, of the marketing premises; and (b) the franchisee would not have entered into the agreement if the information had been duly and correctly disclosed to him. (7) An agreement is not voidable under subsection (5) by reason only that a provision of the agreement is at variance with any part of the statement made in accordance with subsections (1) and (2), being a part relating to that provision, if the variation was made at the request in writing of the franchisee. (8) A franchise agreement entered into by way of renewal of an agreement that was in effect immediately before the commencement of this Act is not voidable under subsection (5) by reason only of the non‑disclosure in the statement made in accordance with subsections (1) and (2) of any information required by those subsections to be disclosed, if that information was disclosed in writing to the franchisee at any earlier time. (9) A reference in this section to the renewal of an agreement shall be read as including a reference to the entering into of a franchise agreement immediately following the expiration of an interim franchise agreement, where the parties to both agreements and the marketing premises to which the agreements relate are the same. (10) This section does not require a franchisor to supply any information to a person by reason only of his becoming a franchisee in relation to the agreement by way of assignment or novation. (11) Where a person becomes a party to a franchise agreement by way of assignment of the whole or part of the interest of the franchisee in the agreement, the reference in subsection (5) to the franchisee shall be read as, or as including, as the case may be, a reference to that person.

16 Termination of franchise agreements

(1) A franchisor may terminate the franchise agreement in accordance with the succeeding provisions of this section, but not otherwise. (2) A franchisor shall not terminate the franchise agreement except on one or more of the following grounds: (a) the franchisee is unable, by reason of physical or mental incapacity, to control the operation of the marketing premises; (b) the franchisee makes a fraudulent misrepresentation in connection with the operation of the marketing premises; (c) the franchisee performs an act, omits to perform an act, or makes a statement, where the act or omission, or the making of the statement: (i) constitutes an offence punishable by imprisonment or, in the case of a franchisee being a body corporate, by a fine of $500 or more; and (ii) in the case of a franchisee being a natural person, tends to show that he is dishonest or is otherwise not of good character; (d) in connection with the operation of the marketing premises, the franchisee performs an act, omits to perform an act, or makes a statement (other than an act, omission or statement referred to in paragraph (c)), where the act or omission, or the making of the statement, constitutes a serious contravention of a provision of any law; (e) the franchisee misrepresents the octane rating of, or wilfully adulterates, motor fuel supplied to him under the franchise agreement; (f) without the consent of the franchisor, the franchisee wilfully passes off motor fuel supplied to him by a person other than the franchisor or a related corporation as being motor fuel supplied to him by the franchisor or a related corporation; (g) the franchisee fails to operate the marketing premises (otherwise than by reason of an industrial dispute or an interruption, reduction or cessation of the supply of motor fuel or the compliance by the franchisee with an emergency law as defined by subsection 10(7) or with a direction or order made under such a law): (i) for a period exceeding 7 consecutive days; or (ii) for a lesser period or lesser periods, where the failure to operate the premises during that period or those periods is unreasonable, having regard to the interests of the franchisor, the normal operation of the premises and the reason for the failure; (h) the franchisee operates the marketing premises in a manner likely to cause injury to persons or property; (j) the franchisee otherwise commits a breach of a provision of the franchise agreement; (ja) the whole or a substantial part of the marketing premises is, or is to be, acquired by, or by a public authority of, the Commonwealth, a State or the Northern Territory under a law relating to the compulsory acquisition of land; (jb) the sale of motor fuel at the marketing premises is prohibited by or under a law relating to the use of land; (k) the whole or a substantial part of the marketing premises is destroyed, or is damaged to such an extent as to render the operation of the premises impracticable, except where the franchisor or a related corporation is responsible for the destruction or damage. (3) The termination of a franchise agreement by the franchisor shall be effected by the franchisor serving on the franchisee notice in writing: (a) informing the franchisee that the agreement is to be terminated on a specified date, being a date that, subject to subsection (8), is not earlier than 30 days after the day on which the notice is served; and (b) setting out full particulars of the ground or grounds, including a statement of the facts relating to each ground, upon which the termination is based. (4) Where a franchisor serves notice on the franchisee under subsection (3) terminating the agreement, the franchisee may apply to a court for an order declaring the notice to have had, or to have, no effect. (5) Where an application is made under subsection (4), the Court may, by order, either: (a) declare the notice referred to in that subsection to have had, or to have, no effect; or (b) declare that notice to have terminated, or to terminate, the agreement on the date specified in the notice or on such later date as is specified in the order; and may, in either case, make such ancillary or consequential orders as it thinks fit, including orders directing the preparation and execution of documents. (6) In any proceedings under subsection (4), the court shall not declare the notice referred to in that subsection to have terminated, or to terminate, the franchise agreement unless: (a) a ground specified in the notice is established by the franchisor to the satisfaction of the court; and (b) the court is satisfied that the termination of the agreement and any related agreement or agreements is just and equitable, having regard to all the circumstances. (7) Without limiting the generality of paragraph (6)(b), the circumstances referred to in that paragraph include the conduct of the franchisor and the franchisee after the time when the franchisor became aware of the existence of the circumstances, or the occurrence of the event, constituting the ground referred to in paragraph (6)(a). (8) A court may permit a franchisor to serve a notice under subsection (3) specifying a date for the termination of the franchise agreement that is earlier than 30 days after the day on which the notice is served, if the court is satisfied that it is desirable to do so by reason that the continued possession, occupation, use or operation of the marketing premises in question by the franchisee is likely to cause substantial damage to the business, property or reputation of the franchisor. (9) This section does not prohibit a franchisor from terminating the franchise agreement with the consent in writing of the franchisee given at any time after the commencement of the agreement.

17 Renewal of franchise agreement

(1) Subject to this section and sections 17A and 17B, a franchisor shall not fail or refuse to renew the franchise agreement except on one or more of the following grounds: (a) the existence of circumstances, or the occurrence of an event, of a kind referred to in any of paragraphs 16(2)(a) to (k) (inclusive); (b) the franchisee rejects a proposal made in accordance with subsection 17A(2) in a notice served under subsection 17A(1); (c) the number of litres of motor fuel supplied under the agreement (in this paragraph referred to as the relevant agreement) or a related agreement by prescribed persons that was sold by retail or on behalf of the franchisee at the marketing premises during any of the 3 years immediately preceding the date of expiry of the relevant agreement was less than 360,000 or such other number as is prescribed; (d) the franchisor proposes, in good faith and in the normal course of business: (i) to enter into an agreement, or negotiations for an agreement, to grant a lease of the marketing premises to a person other than an associate of the franchisor wholly for purposes other than the retail sale of motor fuel; or (ii) to enter into an agreement, or negotiations for an agreement, (other than an agreement containing a provision having the effect of prohibiting the use of the marketing premises for the retail sale of motor fuel) to dispose of the whole of its interest in the marketing premises to a person other than an associate of the franchisor and not to acquire or re‑acquire any interest in the premises; (e) the franchisor proposes, in good faith and in the normal course of business: (i) to occupy and use the marketing premises wholly for purposes other than the retail sale of motor fuel; or (ii) to redevelop the marketing premises wholly or principally for purposes other than the retail sale of motor fuel, whether the premises are to be used for those purposes by the franchisor or another person. (2) A franchisor shall not enter into an agreement to dispose of its interest in the marketing premises to a person other than the franchisee or an associate of the franchisee unless: (a) by notice in writing served on the franchisee at least 30 days before entering into the agreement, the franchisor has offered the interest to the franchisee or an associate of the franchisee on terms that were no less favourable than the terms of the agreement with that person; or (b) the agreement was entered into in the following manner, namely, the franchisor offered the interest for sale at a public auction of which at least 30 day’s notice in writing was served on the franchisee, and the franchisor: (i) sold the interest at the auction to a person other than an associate of the franchisor; or (ii) sold the interest by private treaty, after the auction, to a person other than an associate of the franchisor for a price not lower than the amount of the highest bid at the auction and, subject to subsection (3), on other terms substantially the same as the terms on which the interest was so offered. (3) Where, in pursuance of an offer made, or agreement entered into, in accordance with subsection (2), a franchisor disposes of its interest in the marketing premises to the franchisee or an associate of the franchisee (in this subsection and in subsection (4) referred to as the relevant person), then, if there is included in the terms of the disposition or in any collateral agreement: (a) a provision having the direct or indirect effect of requiring a fixture on the premises to be removed or rendered useless, whether before or after the transfer of the premises; (b) a provision having the direct or indirect effect of entitling the franchisor to remove or render useless a fixture on the premises; or (c) any other provision that would prevent the relevant person from, or impede that person in, carrying on the business of selling motor fuel by retail at the premises (whether or not that person actually wishes to do so); the provision is void. (4) Subsection (3) does not apply to a provision having the effect that a fixture on the premises is to be, or may be, removed or rendered useless by the franchisor with the consent of the relevant person. (5) Except where paragraph 17A(4)(b) applies, if, before the date of expiry of a franchise agreement: (a) the franchisor, in the manner described in paragraph (1)(d), proposed to enter into an agreement, or negotiations for an agreement, of a kind referred to in paragraph (1)(d); and (b) the franchise agreement is not renewed; the term of the agreement shall be deemed to be extended until whichever of the following first occurs, namely: (c) the lease is granted as described in subparagraph (1)(d)(i) or the disposition occurs as described in subparagraph (1)(d)(ii), as the case may be; (d) the expiration of the period of 6 months after the date of expiry of the franchise agreement; or (e) a time agreed upon between the franchisor and the franchisee. (6) If, at the expiration of the period referred to in paragraph (5)(d), the lease has not been granted as described in subparagraph (1)(d)(i) or the disposition has not occurred as described in subparagraph (1)(d)(ii), as the case may be: (a) paragraph (1)(d) ceases to be a ground for failure or refusal to renew the franchise agreement; (b) unless the franchisee has consented in writing to its non‑renewal, the franchisor shall renew the franchise agreement; and (c) if the franchise agreement is renewed, the rate of the amounts payable by the franchisee under the franchise agreement may, in the agreement as renewed, be increased to such extent as is agreed upon between the franchisee and the franchisor or, failing agreement, as is determined by a court, having regard to the market value of any interest, goods or services to which those amounts relate. (7) In this section, date of expiry, in relation to an agreement, means the day immediately following the last day on which, or on part of which, the term of the agreement is current.

17A Procedures relating to renewal and non‑renewal

(1) If a franchisor proposes to renew the franchise agreement, it shall, not earlier than 120 days, nor later than 60 days, before the date of expiry of the agreement, serve on the franchisee a notice in writing offering to renew the agreement. (2) A notice under subsection (1) may include a proposal, made in good faith and in the normal course of business, by the franchisor that the provisions of the agreement as proposed to be renewed differ from those of the existing agreement in the manner specified in the notice. (3) For the purposes of this Part, a proposal shall not be taken to be made in accordance with subsection (2) if, under the proposal: (a) an amount payable by the franchisee under the franchise agreement as proposed to be renewed (other than an amount payable in respect of motor fuel or other stock in trade) would be, or would be calculated or determined in such a manner as to be, unreasonable, having regard to the market value of any interest, goods or services to which the amount relates; or (b) the provisions of the agreement as proposed to be renewed (not being provisions providing for an amount payable by the franchisee) would be unreasonable. (4) Where, at the expiration of 45 days after the service of a notice on a franchisee under subsection (1), the parties have not agreed to renew the franchise agreement: (a) if the notice included a proposal (whether made in accordance with subsection (2) or not) that the provisions of the agreement as proposed to be renewed differ from those of the existing agreement—the franchisee shall be deemed, for the purposes of paragraph 17(1)(b), to have rejected the proposal; and (b) in any other case—the franchisor is not required to renew the franchise agreement. (5) Except where paragraph (4)(b) applies, a franchisor shall not refuse or fail to renew the franchise agreement unless it has served on the franchisee, before the date of expiry of the agreement, notice in writing of its decision not to renew the agreement, setting out full particulars of the ground or grounds, including a statement of the facts relating to the ground or each ground, on which the decision is based. (6) If a notice is served on a franchisee under subsection (5), the term of the franchise agreement shall (unless the agreement is sooner renewed) be deemed to be extended for a period of 90 days (or, if proceedings are instituted under subsection (7) within that period, such longer period (if any) as the court determines before the end of the first‑mentioned period) after: (a) if the term of the agreement is extended under subsection 17(5)—the end of that extension; or (b) in any other case—the date of service of the notice under subsection (5). (7) Except where paragraph (4)(b) applies, a court shall, on the application of a franchisee, make an order directing the franchisor to renew the franchise agreement unless: (a) the franchisor has served on the franchisee a notice in accordance with subsection (5); (b) a ground specified in the notice is established by the franchisor to the satisfaction of the court; and (c) except where a ground so established is a ground referred to in paragraph 17(1)(d), the court is satisfied that it is just and equitable, having regard to all the circumstances, for the agreement and any related agreement or agreements not to be renewed. (8) Without limiting the generality of paragraph (7)(c), the circumstances referred to in that paragraph include the conduct of the franchisor and the franchisee after the time when the franchisor became aware of the existence of the circumstances, or the occurrence of the event, constituting a ground referred to in paragraph (7)(b) (not being a ground referred to in paragraph 17(1)(d)). (9) Where the court makes an order under subsection (7), it may make: (a) orders determining any amount, or the manner of calculating or determining any amount, to be payable by the franchisee under the franchise agreement as to be renewed; (b) orders determining any other provisions of the agreement as to be renewed; and (c) such ancillary or consequential orders as it thinks fit, including orders directing the preparation and execution of documents. (10) In this section date of expiry has the same meaning as in section 17.

17B General provisions relating to renewal and non‑renewal

(1) Without limiting the generality of subsections 17(1) and 17A(5), where: (a) a franchisor offers to renew the franchise agreement; (b) the provisions of the agreement as proposed to be renewed differ from those of the earlier agreement; and (c) the differences have not been set out in a proposal made in accordance with subsection 17A(2) in a notice served under subsection 17A(1); the franchisor shall, for the purposes of this Part, but subject to subsections (2) and (3), be taken to have refused or failed to renew the earlier agreement. (2) For the purposes of this Part, a franchisor shall not be taken to have failed or refused to renew a franchise agreement by reason only that, in relation to the agreement as renewed, there is substituted for that franchisor a different franchisor, if: (a) that different franchisor is a corporation related to the first‑mentioned franchisor; and (b) the first‑mentioned franchisor has agreed in writing to indemnify the franchisee in respect of any loss or damage resulting from any breach by that different franchisor of its obligations under this Act or under the franchise agreement as renewed. (3) For the purposes of this Part, a franchisor is not required, and shall not be taken to have failed or refused, to renew the franchise agreement if consent in writing to the non‑renewal was given by the franchisee at any time after the commencement, and before the expiration, of the agreement, being a time, in the case of an agreement in effect immediately before the date of commencement of this Act: (a) except where paragraph (b) applies—on or after that date; or (b) where the franchisor has, before that date, in good faith and in the normal course of business, entered into an agreement to grant or dispose of an interest in, or to grant a licence in relation to, the marketing premises—before that date. (4) Where: (a) a franchise agreement (in this subsection referred to as the original agreement) has been entered into otherwise than by way of renewal; (b) the provisions of section 17 of this Act as in force before 1 January 1985, or of sections 17 and 17A of this Act as in force on and after that date, or both, have applied in relation to a renewal, or 2 or more consecutive renewals, of the original agreement; and (c) the term or terms of the agreement as so renewed, together with the term of the original agreement, amount in the aggregate to 9 years or more; sections 17 and 17A of this Act as in force on and after that date do not apply in relation to the renewal of the agreement when the term of the agreement next expires, but, if the franchisor voluntarily renews the agreement, those sections and this section (subject to section 6) apply again as if the agreement as so voluntarily renewed were entered into otherwise than by way of renewal. (5) Sections 17 and 17A do not apply in relation to a franchise agreement whose term is 9 years or more. (6) For the purposes of this section, a reference to the term of an agreement includes a reference to any part of the term that occurred at a time when this Act did not apply in relation to the agreement, other than a time before 19 September 1980.

18 Application of sections 15, 16, 17, 17A and 17B to related agreements

(1) Where: (a) a franchise agreement is one of 2 or more related agreements; and (b) that franchise agreement is avoided under section 15, terminated under section 16 or not renewed in accordance with sections 17, 17A and 17B; the related agreement or agreements shall be deemed to be avoided, terminated or not renewed, as the case may be. (2) Where: (a) the franchisee in relation to a franchise agreement, and the franchisor in relation to that agreement or a related corporation, are, by virtue of subsection 6(5), deemed to be the franchisee and the franchisor, respectively, in relation to another agreement; and (b) the first‑mentioned agreement is avoided under section 15, terminated under section 16 or not renewed in accordance with sections 17, 17A and 17B; that other agreement shall be deemed to be avoided, terminated, or not renewed, as the case may be. (3) Where: (a) the term of a franchise agreement is extended for a period by or under subsection 17(5) or 17A(6); and (b) the agreement is one of 2 or more related agreements; the term or terms of the related agreement or agreements shall be deemed to be extended until the expiration of that period.

19 Franchisee to be offered new agreement after destruction or redevelopment of premises

(1) Subject to subsection (2), where: (a) a corporation, being a franchisor, has terminated under section 16 or, in accordance with sections 17 and 17A (other than paragraph 17A(4)(b)), not renewed, a franchise agreement on the ground that the whole or a substantial part of the marketing premises was destroyed, or was damaged to such an extent as to render the operation of the premises impracticable, and subsequently the premises have been rebuilt or restored; or (b) a corporation, being a franchisor, has, in accordance with sections 17 and 17A (other than paragraph 17A(4)(b)), not renewed a franchise agreement on the ground that the marketing premises were to be redeveloped as described in subparagraph 17(1)(e)(ii); and, after the rebuilding, restoration or redevelopment, as the case may be, the premises are suitable for the retail sale of motor fuel, subsection (1A) applies in relation to the premises. (1A) If the corporation intends the premises to be used for the retail sale of motor fuel under a prescribed agreement, the corporation shall not enter into a prescribed agreement in relation to the premises with a person other than the former franchisee unless, before entering into the agreement with that person, the corporation, by notice in writing served on the former franchisee, has offered to enter into a prescribed agreement in relation to the premises with the former franchisee on terms no less favourable to the former franchisee than the terms of the proposed agreement with that person, and the offer has remained open for at least 30 days after the date of service of the notice. (2) In any proceedings involving the question whether a corporation has entered into an agreement in contravention of subsection (1A), the corporation shall not be taken to have contravened that subsection if the corporation establishes to the satisfaction of the court that: (a) the corporation served on the former franchisee, not less than 30 days before the agreement was entered into, notice in writing: (i) informing the franchisee of the proposed agreement; and (ii) setting out full particulars of, together with a statement of the facts relating to, any circumstances or event of a kind referred to in any of paragraphs 16(2)(a) to (j) (inclusive) intended to be relied on by the corporation for the purpose of this subsection; (b) during the subsistence of the relevant franchise agreement, circumstances or an event specified in the notice in accordance with subparagraph (a)(ii) existed or occurred; and (c) if the relevant franchise agreement were still subsisting, it would be just and equitable to terminate the agreement on the ground of those circumstances or that event, as the case may be. (3) In this section:

agency agreement, in relation to a corporation, means an agreement in pursuance of which motor fuel will be sold by retail by a person (not being an employee of the corporation) acting as agent of the corporation.

prescribed agreement means:

(a) a franchise agreement described in paragraph 6(1)(a) or (b); or
(b) an agency agreement.

19A Records to be kept by franchisee

A franchisee in relation to a franchise agreement: (a) shall at all times keep such records as are reasonably sufficient to disclose to the franchisor the quantities of motor fuel sold by retail at the marketing premises, being motor fuel supplied by prescribed persons; and (b) shall permit the servants and agents of the franchisor, at all reasonable times, to inspect, and take extracts from, those records for the purposes of enabling the franchisor: (i) to ascertain whether or not paragraph 17(1)(c) applies or will apply in relation to the agreement; and (ii) to comply with section 20.

Part III—Price discrimination in sales of motor fuel to franchisees

20 Price discrimination in sales of motor fuel to franchisees

(1) A corporation that is a franchisor in relation to 2 or more franchise agreements shall not, in relation to motor fuel supplied or to be supplied under those agreements (whether by it or by any other person), cause or permit any discrimination between the persons who are franchisees in relation to those agreements in respect of: (a) the amounts payable by the franchisees in respect of the fuel; or (b) any discounts, allowances, rebates or credits given or allowed to the franchisees in respect of the fuel. (2) Subsection (1) does not apply in relation to a discrimination if: (a) the discrimination makes only reasonable allowance for differences in the cost or likely cost of raw materials, refining, distribution, sale or delivery resulting from the differing places to which, methods by which or quantities in which the motor fuel is supplied to the franchisees; (b) the discrimination is constituted by the doing of an act in good faith: (i) to meet a price or benefit offered by a competitor of the franchisor; or (ii) to assist a franchisee to meet a price or benefit offered by a competitor of the franchisee; or (c) the discrimination results only from compliance with a law of a State or Territory fixing the wholesale price, or the maximum wholesale price, of motor fuel. (3) This section does not apply in relation to the supply or proposed supply of motor fuel to a franchisee for a purpose other than retail sale at the marketing premises to which the franchise agreement relates. (4) Subsection 22(1) does not apply in relation to loss or damage suffered by a franchisee by reason of a discrimination referred to in subsection (1) if the franchisor believed on reasonable grounds that the motor fuel concerned was acquired by the franchisee for a purpose other than retail sale at the marketing premises to which the franchise agreement relates. (5) In any proceedings: (a) the onus of establishing that, by reason of subsection (2), subsection (1) does not apply in relation to a discrimination is on the person asserting that fact; and (b) the onus of establishing that, by reason of subsection (4), subsection 22(1) does not apply in relation to loss or damage suffered by a franchisee is on the person asserting that fact. (6) In this section, franchise agreement means a franchise agreement in relation to which this Act applies, and franchisee and franchisor shall be construed accordingly.

Part IV—Miscellaneous

20A Interpretation

21 Injunctions

(1) Where, on the application of a party to a franchise agreement, a court is satisfied that a person has engaged, or is proposing to engage, in conduct that constitutes or would constitute: (a) a contravention of a provision of this Act or the regulations; (b) attempting to contravene such a provision; (c) aiding, abetting, counselling or procuring a person to contravene such a provision; (d) inducing, or attempting to induce, whether by threats, promises or otherwise, a person to contravene such a provision; (e) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of such a provision; or (f) conspiring with others to contravene such a provision; or conduct that otherwise defeats or prejudices, or is likely to defeat or prejudice, any right or remedy of or available to the applicant under this Act, the court may grant an injunction in such terms as the court determines to be appropriate. (2) Without limiting the generality of subsection (1), the power to grant injunctions under that subsection includes the power to grant injunctions for the purpose of setting aside any instrument or disposition, but the court shall not grant such an injunction that would adversely affect the interests of a bona fide purchaser or assignee or other bona fide person interested (not being the defendant or an associate of the defendant). (3) Where in the opinion of the court it is desirable to do so, the court may grant an interim injunction pending determination of an application under subsection (1). (4) The court may rescind or vary, or suspend the operation of, an injunction granted under subsection (1) or (3). (5) The power of the court to grant an injunction restraining a person from engaging in conduct may be exercised: (a) whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind; (b) whether or not the person has previously engaged in conduct of that kind; and (c) whether or not there is an imminent danger of substantial damage to any person if the first‑mentioned person engages in conduct of that kind. (6) The power of the court to grant an injunction requiring a person to do an act or thing may be exercised: (a) whether or not it appears to the court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; (b) whether or not the person has previously refused or failed to do that act or thing; and (c) whether or not there is an imminent danger of substantial damage to any person if the first‑mentioned person refuses or fails to do that act or thing. (7) Without limiting the generality of subsection 3(2), a reference in this section to a party to an agreement includes a reference to a person who has been a party to an agreement.

22 Compensation

(1) Where a party to a franchise agreement suffers loss or damage by reason of the other party to the agreement contravening a provision of this Act or of the regulations, that other party is liable to compensate the first‑mentioned party for the loss or damage. (2) Where a franchisee avoids the franchise agreement under subsection 9(4) or 15(5), the franchisor is liable to pay to the franchisee such amount of compensation as is necessary to put the franchisee in the same position as the franchisee would have been in if the agreement had not been entered into. (3) Where: (a) the marketing premises to which a franchise agreement relates are held by the franchisor (in this subsection referred to as the original franchisor) under a lease (in this subsection referred to as the head lease); (b) the head lease is terminated in such circumstances that the franchisee: (i) continues to have the same right to possess, occupy or use the premises as the franchisee had before the termination of the head lease; or (ii) obtains, or is entitled to seek, that right by way of relief against the termination of the head lease; (c) that right is or will be held, as the case may be, from a person who is neither the original franchisor nor a corporation related to the original franchisor; and (d) by reason of the operation of paragraph 6(1)(a) or subparagraph 6(1)(b)(ii), this Act (other than this section) does not, or will not, as the case may be, apply in relation to any agreement under or by virtue of which that right is or will be held; then, if the franchisee surrenders that right, or the entitlement to seek that right, as the case may be, together with all other rights held in respect of the premises under or by virtue of any franchise agreement, the original franchisor is liable to pay to the franchisee such amount of compensation as is necessary to put the franchisee in the same position as the franchisee would have been in if the head lease had not been terminated. (4) Without limiting the generality of subsections (2) and (3), where: (a) compensation is payable to a franchisee under either of those subsections; (b) after 3 days’ notice in writing served on the franchisor, the franchisee leaves on the marketing premises, and abandons his rights to, any motor fuel or other goods sold to the franchisee by the franchisor; and (c) the motor fuel or other goods are unadulterated and undamaged; the compensation payable to the franchisee includes an amount equal to the sum of all amounts paid by the franchisee to the franchisor in respect of the motor fuel or other goods (including any amount so paid at a time when this Act did not apply in relation to the franchise agreement or at a time before the commencement of that agreement). (5) Without limiting the generality of subsections (1) and (3), in assessing any compensation payable to the franchisee, regard shall be had to any goodwill in respect of the marketing premises attributable to the franchisee. (6) Where, in accordance with subsection (3), a corporation is liable to pay compensation, then, if the corporation is related to one or more other corporations, both, or all, as the case may be, of those corporations are jointly and severally liable to pay the compensation and, where one of those corporations has paid any of the compensation, it may recover, by way of contribution and as a debt, from the other corporation or any of the other corporations, as the case may be, such part of the amount paid as the court considers just and equitable. (7) A corporation is not liable to pay compensation to a franchisee by virtue of subsection (6) unless it is the franchisor in relation to a franchise agreement under or by virtue of which rights have been surrendered by the franchisee under subsection (3). (8) Compensation may be recovered under this section by action in a court, commenced at any time within 6 years after the day on which the liability to pay the compensation arose.

23 Compensation for acquisition of property

(1) Where, but for this section, the operation of a provision of this Act would result in the acquisition of property from a person by another person otherwise than on just terms, there is payable to the person by that other person such reasonable amount of compensation as is agreed upon between those persons or, failing agreement, as is determined by a court. (2) In subsection (1), acquisition of property and just terms have the same respective meanings as in paragraph 51(xxxi) of the Constitution.

24 Saving of other rights and remedies

(1) Subject to this section, this Act does not affect any right of action or other remedy, whether civil or criminal, in proceedings instituted otherwise than by virtue of this Act. (2) Any compensation recovered or other remedy given in proceedings instituted by virtue of this Act shall be taken into account in assessing damages or compensation or giving any other remedy in proceedings instituted otherwise than by virtue of this Act and arising out of the same event or transaction. (3) Any damages or compensation recovered or other remedy given in proceedings instituted otherwise than by virtue of this Act shall be taken into account in assessing compensation or giving any other remedy in proceedings instituted by virtue of this Act and arising out of the same event or transaction.

25 Degree of proof

In any proceedings under this Act in which a franchisor seeks to prove: (a) the occurrence of an event of a kind referred to in paragraph 16(2)(c); or (b) the occurrence of an event of a kind referred to in paragraph 16(2)(d), where the occurrence of the event constitutes an offence; the degree of proof required is the same as that required for the proof of a fact in issue in civil proceedings.

26 Jurisdiction of courts

(1) The Supreme Court of each State is invested with federal jurisdiction, and jurisdiction is conferred on the Federal Court of Australia and, to the extent that the Constitution permits, on the Supreme Court of each Territory, with respect to all matters arising under this Act. (2) The inferior courts of each State are invested with federal jurisdiction, and jurisdiction is conferred on the inferior courts of each Territory, within the limits as to locality, but notwithstanding any other limits, of their several jurisdictions, with respect to matters arising under subsections 10(3), 13(8) and 17(6). (3) The inferior courts of each State are invested with federal jurisdiction, and jurisdiction is conferred on the inferior courts of each Territory, within the limits, other than limits as to subject‑matter, of their several jurisdictions, with respect to matters arising under sections 22 and 23. (3A) The inferior courts of each State are invested with federal jurisdiction, and jurisdiction is conferred on the inferior courts of each Territory, within the limits of their several jurisdictions, whether as to locality, subject‑matter or otherwise, with respect to matters arising under this Act other than matters referred to in subsections (2) and (3). (3B) Nothing in subsection (3A) shall be taken to enable an inferior court of a State or Territory to grant a remedy other than a remedy of a kind that the court is able to grant under the law of that State or Territory. (4) An appeal lies to the Federal Court of Australia from a judgment or order of a court of a State or Territory exercising jurisdiction under this Act. (5) An appeal lies to the High Court, with special leave of the High Court, from a judgment or order referred to in subsection (4). (6) Except as provided in subsection (4) or (5), no appeal lies from a judgment or order referred to in subsection (4). (7) A reference in subsection (2) to an inferior court shall be read as a reference to: (a) a County Court, District Court or Local Court; or (b) a court of summary jurisdiction exercising civil jurisdiction. (8) A reference in subsection (3) to an inferior court shall be read as a reference to a court referred to in paragraph (7)(a) or (b), being a court having jurisdiction in actions for the recovery of debts up to an amount not less than the amount of compensation claimed.

27 Service

(1) For the purposes of this Act, a document may be served: (a) on a natural person: (i) by delivering it to the person personally; or (ii) by leaving it at, or by sending it by post to, the address of the place of residence or business of the person last known to the person serving the document; or (b) on a body corporate—by leaving it at, or sending it by post to, the registered office or a principal office of the body corporate or in such other manner as is prescribed. (2) Nothing in subsection (1) affects the power of a court to authorize service of a document otherwise than as provided in that subsection.

28 Regulations

(1) The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) Without limiting the generality of subsection (1), where regulations are made for the purposes of paragraph 17(1)(c), the regulations may include such transitional provisions, including provisions modifying the operation of that paragraph, as are necessary or convenient to be made in consequence of the change in any number referred to in that paragraph.

Short title [see Note 1]

1 Short title [see Note 1]

This Act may be cited as the Petroleum Retail Marketing Franchise Act 1980.

Commencement [see Note 1]

2 Commencement [see Note 1]

This Act shall come into operation on the day on which it receives the Royal Assent.

Interpretation

3 Interpretation

(1) In this Act, unless the contrary intention appears:

agreement means any agreement, arrangement or understanding:

(a) whether formal or informal or partly formal and partly informal;
(b) whether written or oral or partly written and partly oral; and
(c) whether or not having legal or equitable force and whether or not based on legal or equitable rights.

business day, in relation to entering into a franchise agreement, means a day other than:

(a) a Saturday or a Sunday; or
(b) a day that is a public holiday in the place where the person proposing to be the franchisee resides.

child, in relation to a person, includes an adopted child, a step‑child or an ex‑nuptial child of that person.

commencement, in relation to an agreement, means the day on which the agreement comes into effect.

contravention, in relation to a provision of this Act or any other law, includes a failure to comply with that provision.

corporation means:

(a) a body corporate that is a foreign corporation;
(b) a body corporate that is a trading corporation formed within the limits of the Commonwealth;
(c) a body corporate that is incorporated in an internal Territory; or
(d) a body corporate that is related to a body corporate of a kind referred to in paragraph (a), (b) or (c).

director, in relation to a body corporate, includes any person occupying or acting in the position of director of the body corporate, by whatever name called and whether or not validly appointed to occupy or duly authorized to act in the position.

foreign corporation means a foreign corporation within the meaning of paragraph 51(xx) of the Constitution, and includes a body corporate that is incorporated in an external Territory.

franchise agreement means an agreement (other than an agreement between bodies corporate that are related to each other) containing:

(a) provisions, whether express or implied, under or by virtue of which a corporation (in this Act referred to as the franchisor) authorizes, permits or requires a person, being another party to the agreement (in this Act referred to as the franchisee), to use, in connection with the retail sale of motor fuel by that person at the premises to which the agreement relates, a mark identifying, commonly associated with, or controlled by, that corporation or a related corporation;
(b) provisions, whether express or implied, under or by virtue of which a corporation (in this Act referred to as the franchisor) grants a right to, or otherwise authorizes or permits, a person, being another party to the agreement (in this Act referred to as the franchisee), to possess, occupy or use the premises to which the agreement relates in connection with the retail sale of motor fuel by that person at those premises; or
(c) provisions, whether express or implied, under or by virtue of which:
(i) a corporation (in this Act referred to as the franchisor) is accustomed, entitled or required to supply motor fuel to a person, being another party to the agreement (in this Act referred to as the franchisee), for retail sale by that person at the premises to which the agreement relates; or
(ii) a person (in this Act referred to as the franchisee) agrees with a corporation (in this Act referred to as the franchisor) to acquire motor fuel from another person (whether a party to the agreement or not) for retail sale by the first‑mentioned person at the premises to which the agreement relates.

franchisee means a party to a franchise agreement, being the person referred to as the franchisee in paragraph (a) or (b) or subparagraph (c)(i) or (ii), as the case may be, of the definition of franchise agreement.

franchisor means a party to a franchise agreement, being the corporation referred to as the franchisor in paragraph (a) or (b) or subparagraph (c)(i) or (ii), as the case may be, of the definition of franchise agreement.

interim franchise agreement means a franchise agreement to which subsection 13(3) applies that is entered into for a term not exceeding one year.

lease includes a sub‑lease.

mark includes a symbol, design, colour, device, brand, heading, label, ticket, name, signature, word, letter or numeral, or any combination of the foregoing.

marketing premises means premises to which a franchise agreement relates, being the premises referred to in paragraph (a) or (b) or subparagraph (c)(i) or (ii), as the case may be, of the definition of franchise agreement.

motor fuel means any fuel to be used in propelling road vehicles, other than diesel fuel or liquefied gas.

officer, in relation to a body corporate, includes:

(a) a director or secretary of the body corporate;
(b) a receiver and manager of the whole or any part of the property of the body corporate appointed under a power contained in any instrument; or
(c) a liquidator of the body corporate appointed in a voluntary winding up.

parent, in relation to a person, means a person of whom that person is a child.

prescribed person, in relation to the supply of motor fuel that is, or is to be, sold at particular marketing premises, means:

(a) the franchisor;
(b) a corporation related to the franchisor; or
(c) the person (not being the franchisee or franchisor) referred to in subparagraph (c)(ii) of the definition of franchise agreement.

provision, in relation to an agreement, means any matter forming part of the agreement, and includes a covenant.

road vehicle means a vehicle designed solely or principally for transporting persons, goods or animals by road.

share, in relation to a body corporate, means a share in the capital of the body corporate, and includes stock.

supply tank, in relation to a road vehicle, means that part of the vehicle in which motor fuel for the propulsion of the vehicle is stored.

trading corporation means a trading corporation within the meaning of paragraph 51(xx) of the Constitution.

Related bodies corporate

4 Related bodies corporate

Associates

5 Associates

Application of Act

6 Application of Act

Act to have effect notwithstanding agreements

7 Act to have effect notwithstanding agreements

Operation of State and Territory laws

8 Operation of State and Territory laws

This Act is not intended to affect the operation of a law of a State or Territory to the extent that that law is capable of operating concurrently with this Act.

More sections below

Source text: opening excerpt

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

Part I Preliminary

An Act relating to franchise agreements concerning the retail marketing of motor fuel

Part I—Preliminary

1 Short title [see Note 1]

This Act may be cited as the Petroleum Retail Marketing Franchise Act 1980.

2 Commencement [see Note 1]

This Act shall come into operation on the day on which it receives the Royal Assent.

3 Interpretation

(1) In this Act, unless the contrary intention appears:

agreement means any agreement, arrangement or understanding:

(a) whether formal or informal or partly formal and partly informal;
(b) whether written or oral or partly written and partly oral; and
(c) whether or not having legal or equitable force and whether or not based on legal or equitable rights.

business day, in relation to entering into a franchise agreement, means a day other than:

(a) a Saturday or a Sunday; or
(b) a day that is a public holiday in the place where the person proposing to be the franchisee resides.

child, in relation to a person, includes an adopted child, a step‑child or an ex‑nuptial child of that person.

commencement, in relation to an agreement, means the day on which the agreement comes into effect.

contravention, in relation to a provision of this Act or any other law, includes a failure to comply with that provision.

corporation means:

(a) a body corporate that is a foreign corporation;
(b) a body corporate that is a trading corporation formed within the limits of the Commonwealth;
(c) a body corporate that is incorporated in an internal Territory; or
(d) a body corporate that is related to a body corporate of a kind referred to in paragraph (a), (b) or (c).

director, in relation to a body corporate, includes any person occupying or acting in the position of director of the body corporate, by whatever name called and whether or not validly appointed to occupy or duly authorized to act in the position.

foreign corporation means a foreign corporation within the meaning of paragraph 51(xx) of the Constitution, and includes a body corporate that is incorporated in an external Territory.