The ACCC has reminded franchisors that their Franchise Disclosure Register profile must be accurate, complete, and kept up to date. This follows recent enforcement action against Luxottica Franchising Australia Pty Ltd, which paid a $19,800 penalty after the ACCC issued an infringement notice alleging it failed to maintain an up-to-date profile on the Register. Luxottica operates franchise brands including OPSM and Laubman & Pank.

The ACCC’s message is clear: the Register is intended to give prospective franchisees, existing franchisees and their advisers reliable information about a franchise system so they can make informed decisions. Franchisors must ensure their Register profile is not only published, but also reviewed and updated annually, and that the information on the Register matches their disclosure documents and the required structured data fields. New franchisors must also register at least 14 days before entering into any franchise agreement.

This is a timely reminder that maintaining the Register is not just an administrative task, it is a compliance obligation under the Franchising Code of Conduct, and the ACCC has indicated it will continue actively reviewing the Register and taking enforcement action where appropriate.

How FCW Lawyers Can Help

FCW Lawyers can assist franchisor clients to review, update, and interpret their Franchise Disclosure Register profile, check consistency with disclosure documents, and advise on compliance obligations under the Franchising Code of Conduct.