Commonwealth Numbered Acts

PETROLEUM RETAIL MARKETING FRANCHISE AMENDMENT ACT 1984 No. 122, 1984 - SECT 10

10. Section 11 of the Principal Act is amended-

   (a)  by omitting the definition of 'prescribed agreement' from sub-section
        (1);

   (b)  by inserting after sub-section (1) the following sub-section:



"(1A) In this section, 'person with prescribed experience', in relation to a
particular time, means a person who, for a period amounting, or for periods
amounting in the aggregate, to one year or more during the period of 6 years
preceding that time, was a franchisee in relation to a franchise agreement or
franchise agreements, where the agreement, or each of the agreements, as the
case may be, was not terminated by reason of a ground referred to in any of
paragraphs 16 (2) (a) to (j) (inclusive) or by reason of any other breach of
the agreement by the person.";

   (c)  by omitting from sub-sections (3), (4) and (5) "prescribed" and
        substituting "franchise".

   (d)  by omitting from sub-section (5) "he shall serve on the franchisor a
        notice in writing, offering" and substituting "(in this sub-section
        and sub-section (5A) referred to as the proposed assignment), he shall
        serve on the franchisor a notice in writing setting out particulars of
        the proposed assignment and offering to do whichever of the following
        acts is required by the franchisor to be done, namely";

   (e)  by inserting after sub-section (5) the following sub-section:



"(5A) Within 30 days after the service on a franchisor of a notice under
sub-section (5), the franchisor shall serve on the franchisee a notice in
writing-

   (a)  granting or withholding consent to the proposed assignment;

   (b)  rejecting the offers made in the first-mentioned notice;

   (c)  accepting the offer to terminate the franchise agreement; or

   (d)  nominating a person to whom the franchisee may assign his interest in
        the agreement,
and if, at the expiration of that period of 30 days, the franchisor has not
served such a notice, the franchisor shall be taken to grant consent to the
proposed assignment.";

   (f)  by omitting from sub-section (6) "prescribed" and substituting
        "franchise";

   (g)  by omitting paragraph (6) (b) and substituting the following
        paragraph:



"(b) after having served on the franchisor such a notice, makes an assignment
of the whole of his interest under the agreement to a person other than a
person nominated by the franchisor in accordance with sub-section (5A),";

   (h)  by omitting from sub-section (9) "prescribed" and substituting
        "franchise"; and

   (j)  by omitting from paragraph (10) (a) "prescribed" (wherever occurring)
        and substituting "franchise".