Franchising and More Around the Gap

Mandatory Reporting of Unsafe Products

Are you a small or large business providing consumer goods to clients?

Mandatory reporting laws have been in place since 1 January 2011 requiring businesses to report unsafe products sold which have resulted in serious injury, illness or death. The system is not an admission of liability but rather aimed at protecting consumers from products which are identified as being unsafe.

The laws apply to all small or large businesses in the supply chain including: retailers, dealers, hirers, distributors, installers, repairers, importers, exporters, and manufacturers of consumer goods. It will also relate to services associated with the goods (installation, maintenance etc.).

‘Consumer Goods’ are goods that are intended to be used for personal, domestic or household use or consumption.

When must a report be made?

The individual supplier is responsible for making a report where:

1) They become aware consumer goods they have supplied resulted in serious injury, illness or death; and

2(i) The supplier considers the death or serious injury or illness was caused by, or may have been caused, by the use or foreseeable misuse of the consumer goods;

(ii) The supplier becomes aware that a person other than the supplier considers that the death or serious injury or illness was caused, or may have been caused, by the use or foreseeable misuse of the consumer goods.

Serious injury is defined as an acute physical injury or illness requiring medical or surgical attention under a qualified doctor or nurse.

These laws apply in all cases where a supplier became aware in either way stipulated in point 2 (above) after 31 December 2010, regardless of the date of incident.


Reports can be made online via:


If you are unsure about liability for reporting under this legislation please contact Adam Robinson or Georgina Vlahos.


The Gap Professional Centre

6/23 Glenaffric Street

The Gap, Brisbane  QLD 4061


Tel: 07 3123 5700

Fax: 3300 4657

Samford Central Shopping Centre

Mount Glorious Road

Samford, Brisbane QLD 4520


Tel: 07 3123 5750

Fax: 3289 2568

liability limited by  scheme approved under Professional Standards Legislation

Are franchise deals really “take it or leave it” deals?

If you have come across a franchise deal that looks too attractive to resist and you are told to rush in before it’s too late, we plead with you to hold your horses.  Don’t sign anything before we review your franchise documentation and advise you on any pitfalls.   If you wish, there is always scope to negotiate changes to your franchise agreement that will clarify your new business and deliver you from future disappointment and frustration.

We have advised clients on a range of franchising models.  Our franchise lawyers at Samford and The Gap are happy to assist you and to partner with you in growing your business.

Absentee Land Tax and additional Duty for Foreign Acquirers

The rates for Stamp Duty and Land Tax in Queensland have recently been amended to provide additional charges for foreign and absentee land owners – do they apply to you?


An additional charge for Duty now applies at the rate of 3% of the GST inclusive transfer value where the acquirer is:

  1. A foreign individual,
  2. A foreign corporation, or
  3. A Trustee of a foreign Trust.

The definitions in the Act treat as foreign anyone who is not either an Australian citizen or a permanent resident of Australia.  Importantly, a Trust is deemed to be a foreign Trust (Section 237 of the Duties Act) if at least 50% of the primary (often called residuary) beneficiaries in the Trust are foreign citizens / corporations.

Please note that the legislation allows a reviewing of this situation should it change at any time within 3 years of the date of acquisition (see Section 246A). [Read more…]