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Legislative Assembly for the ACT: 1995 Week 7 Hansard (19 October) . . Page.. 1862 ..

MR HUMPHRIES (continuing):

Remainder of Bill, by leave, taken as a whole

MR HUMPHRIES (Attorney-General and Minister for Consumer Affairs) (12.14), by leave: Mr Speaker, I move together the eight amendments circulated in my name, as follows:

Page 3, lines 4 to 12, clause 4, subclauses (3), (4) and (5), omit the subclauses, substitute the following clauses:

"Assignment of franchisee's interest restricted

`4A. An agreement under which a franchisee assigns 50% or more of his or her interest under a franchise agreement (in this Act called an "assignment agreement") is illegal if -

(a) the assignment agreement is entered into on or after 17 August 1995; and

(b) the assignee under that agreement is one of the following:

(i) a franchisee under another franchise 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 a franchisor holds an interest at least equal to any other interest held in the group.

Control and association

`4B. For the purposes of sections 4 and 4A -

(a) a company is controlled by a franchisee if it is a company controlled by a franchisee for the purposes of the Franchise Act;

(b) bodies corporate are related to each other if they are related to each other for the purposes of the Franchise Act; and

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