On 1 June 2021, the Federal Government released the Competition and Consumer (Industry Codes—Franchising) Amendment (Fairness in Franchising) Regulations 2021 (the Amendments). The Amendments amend the Franchising Code of Conduct (the Code), addressing the franchising...
Automotive Law
Senate Committee resolves to investigate the relationship between car manufacturers and car dealers
On 7 October 2020, the Senate Education and Employment References Committee ("the Committee") resolved to investigate the regulation of the relationships between car manufacturers and car dealerships in Australia. Accordingly to the Committee’s press release, this...
COVID-19 Witnessing Of Documents
The pandemic has raised some real practical difficulties around signing and witnessing legal documents because of strict social distancing rules in place to protect us all. In order to facilitate and decrease the need for face to face contact for the witnessing of...
‘Was/Now’ Advertising Statements Crackdown by the ACCC, as 4WD Supacentre pay fine and provide court enforceable undertaking
On 14 January 2020, the Australian Competition and Consumer Commission announced that Outdoor Supacentre Pty Ltd (trading as 4WD Supacentre) had paid five infringement notice penalties (totalling $63,000) in connection with advertising claims about was/now pricing...
Franchising inquiry – what it means for the automotive franchising industry
On 14 March 2019, a report on the operation and effectiveness of the Franchising Code of Conduct ("the Franchising Code") was released by the Parliamentary Joint Committee on Corporations and Financial Services ("the Committee"). The Committee has made a number of...
Franchisor fined $2.6 million for breach of Franchising Code of Conduct and Australian Consumer Law
On Friday 18 January 2019, the Federal Court of Australia imposed a $2,604,000 penalty against Ultra Tune Australia Pty Ltd (“Ultra Tune”) for breaching both the Franchising Code of Conduct (“Franchising Code”) and the Australian Consumer Law. The Court found on...
Modern Slavery Legislation: What business needs to know
The Modern Slavery Act 2018 (Cth) (“the Act”) received royal assent on 10 December 2018. The Act requires entities based or carrying on business in Australia, which have an annual consolidated revenue of more than $100 million, to report annually on the risks of...
What are your rights as a consumer buying gift cards this Christmas?
Earlier this year, the consumer protection laws regarding gift cards were amended to ensure that all gift cards redeemable in NSW did not carry unfair terms and conditions. The introduction of the Fair Trading Amendment (Ticket Scalping and Gift Cards) Act 2017 (NSW)...
Maximum penalties for breaches of the Competition and Consumer Act 2010 increased
The Treasury Laws Amendment (2018 Measures No 3) Act 2018 (Cth) (the Act) received royal assent on 31 August 2018, and commenced on 1 September 2018. The new penalties apply to acts, omissions or offences that occur on or after 1 September 2018. The Act amends the...
INVESTIGATORY POWERS GRANTED TO THE ACCC AND ASIC OVER UNFAIR CONTRACT TERMS
The Treasury Laws Amendment (Australian Consumer Law Review) Act 2018 (Cth) (the Act) received royal assent on 25 October 2018, and therefore commenced on 26 October 2018. The Act introduces numerous amendments, including changes that enable the Australian Competition...
Automotive retail developments: New Car Fact Sheet and Updated Industry Guide
The New Car Fact Sheet As a result of the recent market study conducted by the Australian Competition and Consumer Commission (ACCC) of the new car retailing industry, the ACCC has released a fact sheet for new car buyers to receive at the point of purchase (the New...
Have you met the 31 October deadline to update your disclosure document?
Under the Franchising Code of Conduct (the Code), a franchisor is required to update its disclosure document within 4 months after the end of each financial year. Accordingly, all franchisors with a 30 June financial year end must update their disclosure documents...
Businesses may be at risk under new
“concerted practices” legislation
On 6 November 2017, the Competition and Consumer Act 2010 (Cth) was amended to provide for the introduction of a new prohibition on "concerted practices". Prior to its commencement the Australian Competition and Consumer Commission (ACCC) lobbied the Commonwealth...
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