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Terms of Reference
On 25 June 2008 the Committee resolved to inquire into the
Franchising Code of Conduct and related matters. The Committee will report by 1 December 2008. The terms of reference are:
The Committee is to inquire and report on the operation of
the Franchising Code of Conduct, and to identify, where justified, improvements
to the Code, with particular reference to:
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the nature of the franchising industry, including the rights of
both franchisors and franchisees;
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whether an obligation for franchisors, franchisees and
prospective franchisees to act in good faith
should be explicitly incorporated into the Code (having regard to its presence
as an element in paragraph 51AC(4)(k) of the Trade Practices Act 1974);
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interaction between the Code and Part IVA
and Part V Division 1 of the Trade Practices Act 1974, particularly with
regard to the obligations in section 51AC of the Act;
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the operation of the dispute resolution provisions under Part 4
of the Code; and
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any other related matters.
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