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Log In / Register | Apr 19, 2014

WA and SA Terms of Franchising Reform

The Economics and Industry Standing Committee for Western Australia is calling for submissions to consideration of the proposed WA Franchise Bill with a closing date of 24 January 2011. Submissions to the SA Inquiry close 21 January 2011.

The South Australian Economic and Finance Committee is taking submissions on how 2010 changes to the Franchising Code of Conduct addressed recommendations made by the 2008 SA Inquiry into franchising. 

South Australian inquiries should be directed to Dr Paul Lobban, the Committee’s Executive Officer, or email [email protected]

The WA Committee is to review the impact of that states' Franchising Bill and report to Parliament by 26 May 2011.

Franchisee stakeholders and advocates are urged to make a submission.

Peter Abetz, who tabled the private member’s bill in October was co-opted to the Committee of Dr Michael (Mike) Dennis Nahan, Mr William (Bill) Joseph Johnston, Mr Michael (Mick) Philip Murray, Mrs Liza Mary Harvey and Mr John Edwin McGrath.

The Committee will consider whether the passage of this bill, in its current form, would:

(a) be directly inconsistent with the Trade Practices Act 1974 and the Franchising Code of

Conduct, with particular reference to the inclusion of provisions for:

i. the requirement to “act in good faith”;

ii. civil monetary penalties;

iii. injunctions;

iv. redress orders; and

v. damages;

(b) enhance the purpose of the Franchising Code of Conduct, which is to regulate the conduct of participants toward each other; and

(c) result in a cost impact on the State or participants in franchising.

The Franchise Council of Australia while discredited in WA recently continues to use its financial influence to block any change to franchise legislation anywhere in Australia. 

FCA’s objections are contrary to the findings from 3 Franchising Inquiries where 3 state governments so far refuse to ignore the need to address the growth in rogue franchising behaviours and their consequences to mom and dad operators and franchisee investor confidence.

Proposed WA Bill

WA Bill Explanatory Memorandum

Lodging a Submission to WA

Related BMM Reading:

Here Comes W Australia Franchise Law

Australian Franchisor Council Upset

Australian Franchisees Thank Law Society

South Aus Proceeds with Franchise Laws

Queensland MP Calls for Franchising Tribunal

Jo Gash Slams Franchise Gag Orders

Federal MP Attacks Franchise Churning

Australian Franchise Law, the Nick of Time

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