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Franchising resources we've created

We create resources for franchisors, franchisees, and anyone thinking about becoming a franchisee. The aim is to help them understand their rights and obligations.

You can access our franchising resources online.

Compliance work we've carried out

In 2023 we published a report on unfair contract terms in franchise agreements which summarises the key findings of targeted compliance checks. Our checks focused on smaller franchisors in a range of industries, many of which were new to franchising. 

  • We identified a significant number of clauses in the franchise agreements that raised concerns under the unfair contract terms laws.
  • The documents we assessed were largely compliant with the Franchising Code and we did not identify any systemic issues or concerns under the code.
  • The report also provides guidance for franchisors about complying with the unfair contract term laws, which since November 2023 attract financial penalties.

In 2019 we published a report on disclosure practices in food franchising which summarises the key findings of our targeted compliance checks on 12 franchisors from the food services sector.

  • Our checks focused on disclosure of information that we consider important to someone thinking about buying a franchise.
  • We assessed franchisor compliance with disclosure of former franchisee contact details, supply restriction details, and key unavoidable costs.

Enforcement action we've taken

Types of enforcement action we take

Sometimes, the ACCC will take action to enforce competition and consumer laws. There are different things the ACCC can do to enforce laws.

We can:

  • accept an administrative resolution from a franchisor. This is where the franchisor agrees to do, or stop doing, certain things to address concerns that we’ve raised about their conduct
  • accept a court-enforceable undertaking from the franchisor, where the franchisor agrees to do, or not do, certain things. A court can enforce what is agreed

  • issue an infringement notice to the franchisor, if we think the franchisor has breached a penalty provision. We have guidelines on how we use infringement notices. You can view paid infringements on our infringement notices register
  • take court action against the franchisor. Ultimately, the court will decide if any laws have been breached.

Examples of enforcement action we've taken

2023

2022

2021

2020

2019

2018

2017

2016

2015

2014

2011

2010

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