Commonwealth Numbered Acts

PETROLEUM RETAIL MARKETING FRANCHISE AMENDMENT ACT 1984 No. 122, 1984 - SECT 13

13. Section 13 of the Principal Act is amended-

   (a)  by omitting sub-section (5) and substituting the following
        sub-section:



"(5) In ascertaining the length of the term of an agreement for the purposes
of paragraph (4) (b), so much of the term of the agreement as has occurred at
a time when this Act did not apply to the agreement shall be disregarded.";

   (b)  by omitting from paragraph (6) (c) "or (4)" and substituting ", (3) or
        (4)"; and

   (c)  by inserting in sub-section (10) "or this Act commences to apply in
        relation to an existing franchise agreement whose term contravenes a
sub-section of this section" after "section"; and

   (d)  by adding at the end thereof the following sub-section:



"(12) 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 (whether or not this Act applied at any time to the
agreement or agreements), where the agreement, or each of the agreements, as
the case may be, was not terminated by reason of a ground of a kind 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.".