Australian Capital Territory Numbered Acts

FAIR TRADING (PETROLEUM RETAIL MARKETING) (NO. 32 OF 1995) - SECT 4

4. (1) A franchise agreement relating to marketing premises situated in the Territory that is entered into on or after 17 August 1995 is illegal if, immediately before the agreement is entered into, there is in force another franchise agreement relating to other marketing premises, whether situated in the Territory or elsewhere, under which—

        (a)     the franchisor is—

              (i)     the franchisor under the first-mentioned agreement; or

              (ii)     a corporation related to that person; and

        (b)     the franchisee is any of the following:

              (i)     the franchisee under the first-mentioned agreement;

              (ii)     a company controlled by that person;

              (iii)     a body corporate related to that person;

              (iv)     an associate of that person;

              (v)     a consortium, joint venture, partnership or other group of persons, however described, being a group in which the person referred to in subparagraph (a) (i) holds an interest at least equal to any other interest held in the group.

(2) A franchise agreement relating to marketing premises on 2 or more sites at least 1 of which is situated in the Territory that is entered into on or after 17 August 1995 is illegal.