Commonwealth Numbered Acts

PETROLEUM RETAIL MARKETING FRANCHISE ACT 1980 No. 139, 1980 - SECT 9

9. (1) A corporation shall not enter, as franchisor, into a franchise
agreement that contains a provision imposing an obligation on the franchisee
that is likely to be impossible or unreasonably onerous to perform at the time
when it is required to be performed.

(2) Where a corporation enters into a franchise agreement in contravention of
sub-section (1), the provision referred to in that sub-section is void.

(3) Sub-section (1) shall not be taken to affect the operation of the law
relating to frustration of contract.

(4) Where a provision of an agreement is rendered void by the operation of
sub-section (2), the validity of the agreement is not otherwise affected, but
, if that provision is not severable, the franchisee may-

   (a)  avoid the agreement; or

   (b)  apply to a court for an order under sub-section (5).

(5) In any proceedings under sub-section (4) in relation to an agreement, the
court may make-

   (a)  an order varying the agreement in such manner as the court considers
        just and equitable for the purpose of enabling the provisions of the
        agreement to have effect to the extent that they are not rendered void
        by the operation of sub-section (2); and

   (b)  such ancillary or consequential orders as it thinks fit, including
        orders directing the preparation and execution of documents.