Franchisors – Reminders to Update

A franchisor’s disclosure document must (except in certain circumstances) be updated on or
before 31 October 2025 (within 4 months of the end of the financial year).

In addition, a franchisor must confirm or update the information on the Franchise Disclosure Register on or before 14 November 2025. The Franchise Disclosure Register is a public register of Australian franchisors, which contains information that may be relevant to a prospective franchisees when making a decision on whether to enter into a franchise agreement.

Section 93 of the Franchising Code of Conduct requires a franchisor each year on or before 14 November, to either:

1. Confirm the information already contained in the Franchise Disclosure Register; or
2. Update the information contained in the Franchise Disclosure Register to the extent that the information is incorrect, out-of-date, or has not previously been provided by the franchisor for inclusion in the Franchise Disclosure Register.

The penalty for a failure to update the Franchise Disclosure Register, as required by the
Franchising Code of Conduct, is 600 penalty units, that is up to $198,000.

The ACCC issued infringement notices to Cash Converters Pty Ltd and Mobile Travel Agents Pty Ltd, for their alleged failures to comply with the Franchising Code of Conduct and imposed a penalty of $16,500 each for a failure to confirm or update the franchisors’ information on the Franchise Disclosure Register.

The Franchise Disclosure Register clearly shows when information is out-of-date, so it is relatively easy for the ACCC to ascertain whether information has been confirmed or updated within the timeframe required by the Franchising Code.

If you need any assistance with these mandatory requirements, please contact our Franchise Group.

CONTACT:

Robert Toth | Special Counsel | Accredited Commercial Law and Franchise Specialist |
robert@sanickilawyers.com.au | Mobile: 0412 673 757