6Application of Act

#### 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.