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Strengthening statutory unconscionable conduct and the Franchising Code of Conduct


Wednesday, 3 March 2010

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On 3 March 2010 the Hon Dr Craig Emerson MP, released an expert panel report entitled Strengthening statutory unconscionable conduct and the Franchising Code of Conduct.

The report is the result of work conducted by an expert panel consisting of Professor Bryan Horrigan, Mr David Lieberman and Mr Ray Steinwall. The panel was appointed on 27 November 2009 by Minister Emerson to consider whether two specific proposals for amending the law of unconscionable conduct provisions would assist in clarifying its effect. The panel was also asked to examine particular behaviours of concern in the franchising sector.

The proposals arose out of the Senate Economics Committee report on ‘the need, scope and content of a definition of unconscionable conduct for the purposes of Part IVA of the TPA’ for a further inquiry. The expert panel engaged in an extensive public consultation process in developing its report.

Documents Available:

Acrobat (PDF) documents

 Acrobat (PDF)

Unconscionable Conduct Final Report  1,091.44kb

Microsoft Word (RTF) documents

 Microsoft Word (RTF)

Unconscionable Conduct Final Report  784.00kb

Related Items:

Issues Paper - Unconscionable Conduct - 27/11/2009
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Submissions: Issues Paper - Unconscionable Conduct - 7/01/2010

Treasury received 50 submissions in response to the consultation. There were 36 public submissions, and 14 confidential submissions. The submissions that do not contain confidential material are listed below and are accessible by selecting the author.

The opinions expressed in the submissions are those of the authors and do not necessarily reflect the views of the Government or the Treasury.

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