Just one month from the publication of the report of Mr Alan Wein with respect to his review of the Franchising Code of Conduct, the Government’s consultation paper was released to industry for comment on June 17.
The original report contained 18 recommendations for government with respect to proposed changes to regulation of the franchising industry.
The Government is now seeking industry response with respect to each of the recommendations and whether to implement these recommendations or to select another option, including leaving the Code unchanged.
The Consultation Paper does not provide extensive draft legislation or go much beyond summarising what was stated in Mr Wein’s report.
A Template Response Submissions Form is available for anyone interested in lodging a response with respect to each of the recommendations (E.g. keep existing Code provision, implement recommendation or prefer another option). Provision has been made for any extended comments and a number of discussion questions listed for each recommendation.
Respondents are generally asked to consider whether the identified problem would be best addressed by a change in the Code or further education, what costs may be incurred if an option is implemented, whether there are any specific advantages or disadvantages to one option or another and if they can see any unintended consequences that would arise from implementing an option. Respondents are also asked to advise if they can suggest another option to achieve the policy intent behind the recommendation.
It would seem therefore that we have some time to wait before we see any changes to the Code. Any draft amendments that arise could be further delayed or even scrapped due to the Federal election which seems, at this stage, likely to lead to a change in Government.
The consultation paper and the template response can be found at: http://www.innovation.gov.au/SmallBusiness/CodesOfConduct/Pages/2013-Review-of-the-Franchising-Code-of-Conduct.aspx
It is possible to send an anonymous submission. The closing date for submissions is Tuesday 9 July 2013.