6Existing franchises

6 Existing franchises

6.1 Number, sorted by State, Territory or region, of:

(a) existing franchised businesses; and

(b) existing franchisees; and

(c) businesses owned or operated by the franchisor in Australia that are substantially the same as the franchise.

6.2 For each existing franchisee:

(a) business address, if this is not the franchisee’s residential address; and

(b) business phone number; and

(c) year when the franchisee started operating the franchised business.

6.3 However, if there are more than 50 franchises, the franchisor may instead give details under item 6.2 for all franchisees in the State, region or metropolitan area in which the franchise is to be operated.

6.4 For each of the last 3 financial years and for each of the following events — the number of franchised businesses for which the event happened:

(a) the franchise was transferred;

(b) the franchised business ceased to operate;

(c) the franchise agreement was terminated by the franchisor;

(d) the franchise agreement was terminated by the franchisee;

(e) the franchise agreement was not renewed when it expired;

(f) the franchised business was bought back by the franchisor;

(g) the franchise agreement was terminated and the franchised business was acquired by the franchisor.

Note An event may be counted more than once if more than 1 paragraph applies to it.

6.5 Subject to item 6.6, the franchisor must supply, for each event mentioned in item 6.4, the name, location and contact details of each franchisee, if the information is available.

6.6 A franchisor does not have to provide details of a franchisee if the franchisee has requested in writing that the details not be disclosed.

7 Intellectual property

7.1 For any trade mark used to identify, and for any patent, design or copyright that is material to, the franchise system (intellectual property):

(a) description of the intellectual property; and

(b) details of the franchisee’s rights and obligations in connection with the use of the intellectual property; and

(c) whether the intellectual property is registered in Australia, and if so, the registration date, registration number and place of registration; and

(d) any judgment or pending proceedings that could significantly affect ownership or use of the intellectual property, including:

(i) name of court or tribunal; and

(ii) matter number; and