The Treasury is responsible for providing policy advice to government regarding Australia’s franchising sector, to ensure franchising regulation remains fit for purpose, and that the sector operates efficiently.
We also administer the Franchise Disclosure Register.
Franchising Code of Conduct
The Minister for Small Business has policy responsibility for the Franchising Code of Conduct under the Industry Codes Policy Framework.
The Franchising Code of Conduct is a mandatory industry code under the Competition and Consumer Act 2010. The Code regulates Australian franchisees and franchisors.
For more information, visit the Australian Competition and Consumer Commission's Franchising Code business requirements.
For more information, visit business.gov.au/franchising.
Franchise Disclosure Register
The Treasury also hosts and administers the Franchise Disclosure Register (Register).
The Register has been established to increase franchisor transparency and access to disclosure information and assist prospective franchise buyers to make an informed decision before entering a franchise agreement.
The Australian Small Business and Family Enterprise Ombudsman provides support to the franchising sector when disputes arise including providing assistance with compulsory mediation provisions in the Franchising Code of Conduct.
Breaches of the Franchising Code of Conduct can also be reported to the Australian Competition and Consumer Commission (ACCC). The ACCC is the independent regulator with responsibility for taking action where appropriate in relation to misconduct within the franchising sector.
Franchising sector regulation
The Franchising Code of Conduct was the subject of a number of amendments in recent years, including reforms responding to issues in the automotive franchising sector.
The Treasury is responsible for monitoring and evaluating the effectiveness of these reforms and providing advice to Government to support the maintenance of an effective regulatory framework for the franchising sector.
- March 2021 Senate Inquiry into the regulation of the relationship between car manufacturers and car dealers in Australia (formerly General Motors Holden Operations in Australia) report
- Government response Senate inquiry report into the regulation of the relationship between car manufacturers and car dealers in Australia
- 2019 Parliamentary Joint Committee (PJC) inquiry examining the Franchising Code of Conduct’s operation and effectiveness, including the government response
- ACCC - Franchising Code of Conduct
- business.gov.au - Franchising
- Seek advice from a professional business adviser