The Australian Competition and Consumer Commission (ACCC) has issued a $19,800 infringement notice to Luxottica Franchising Australia, the franchisor of OPSM and Laubman & Pank, for an alleged breach of the Franchising Code of Conduct (Code).
The penalty relates to a failure to maintain an up-to-date profile on the Franchise Disclosure Register – a mandatory compliance requirement for franchisors operating in Australia.
What happened?
Under the Code, franchisors must ensure their Franchise Disclosure Register profile is accurate and updated annually.
The ACCC alleged that Luxottica did not update its register profile by May 2025, which resulted in the profile being marked as “out of date”. Luxottica has since acknowledged the oversight and brought its disclosure into compliance.
The ACCC highlighted the importance of the register as a key transparency mechanism. It provides prospective franchisees, existing franchisees and professional advisers with access to reliable information to support informed decision-making about entering or remaining in a franchise system.
Why this matters for franchisors
This enforcement action reinforces that compliance with the Franchise Disclosure Register is not a procedural formality.
The ACCC has made it clear that outdated or inaccurate register information can undermine transparency and may mislead prospective franchisees. Deputy Chair Mick Keogh confirmed that the ACCC will continue to actively review the register and take enforcement action where franchisors fail to meet their obligations.
Importantly, since October 2025, the ACCC has taken on responsibility not only for enforcing the register but also for administering it. This reflects a more proactive regulatory approach and increases the likelihood that non-compliance will be identified and acted upon.
A reminder for large and small franchise networks
Luxottica Franchising Australia is a subsidiary of EssilorLuxottica and manages the Australian franchise operations of OPSM and Laubman & Pank.
Despite operating 387 franchisor-owned or controlled outlets and having only 21 franchisees, the business still attracted regulatory scrutiny. This highlights that the ACCC’s enforcement approach is not limited by the size or structure of a franchise network.
Key takeaways for franchisors
- Maintaining an up-to-date Franchise Disclosure Register profile is a core legal obligation under the Code, not an administrative task
- Franchisors must review and update their register profile annually, and whenever there is a material change
- The ACCC is actively monitoring the register and will take enforcement action where it identifies potential breaches
- Payment of an infringement notice is not an admission of liability, but non-compliance can carry reputational and regulatory consequences
- Increased ACCC oversight following its expanded role means franchisors should expect greater scrutiny going forward
How franchisors can reduce risk
Franchisors should implement clear internal processes to ensure register compliance is diarised, monitored and reviewed alongside disclosure document updates.
Given the ACCC’s heightened focus, periodic compliance audits and legal reviews are increasingly important to mitigate risk and ensure ongoing adherence to the Code.
Need help reviewing your franchise compliance?
If you are unsure whether your Franchise Disclosure Register profile or disclosure documents are compliant with the current Franchising Code, it is important to act early.
MST Lawyers regularly advises franchisors on Code compliance, disclosure obligations and risk management across franchise networks of all sizes.
Contact our Franchising team to arrange a compliance review or discuss your obligations under the Code.
