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Legal Forums » Franchising Law Discussion Forum » Deceptive legislation conceals franchise application
Started Dec 22 2012, 19:15
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Dec 22 2012, 19:15
The SA Small Business Commissioner Bill applies to franchising through its adoption and prescription of industry codes of conduct under the Australian Consumer Law (ACL), but in doing so fails to specifically name these codes.
This means that the Small Business Commissioner Bill creates powers to investigate and prosecute for breaches under any of the current industry codes:
• The Franchising Code of Conduct
• The Oilcode
• The Horticulture Code
• The Unit Pricing Code
This means that all franchisors, petroleum distributors and retailers, and grocery-related businesses with operations in South Australia are subject to the potential risk of additional investigation, prosecution and fines (of up to $50,000 per instance) beyond that which may be applied by the ACCC if the SA Small Business Commissioner Bill is passed.
ID#43405
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