---
title: "Post-term restraint map under the Franchising Code"
url: "https://ailawframework.com/precedents/franchising-and-distribution/post-term-restraint-map"
type: "precedent"
site: "AI Law Framework"
id: "a34-post-term-restraint-map"
area_id: "A34"
kind: "checklist"
ai_level: "yellow"
version: 1
task_ids: ["A34-T1-R5"]
law_stated_as_at: "2026-10-22"
---

# Post-term restraint map under the Franchising Code

> Map of a restraint of trade clause against sections 42 and 67 of the Franchising Code, which limit a restraint that would apply when a franchise agreement is not renewed or extended.

Canonical page: https://ailawframework.com/precedents/franchising-and-distribution/post-term-restraint-map  
Law stated as at: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Checklist. Steps or checks to work through and tick off.
- Practice area: [Franchising & Distribution](https://ailawframework.com/precedents/franchising-and-distribution.md)
- Jurisdictions: Commonwealth
- AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the 2 authorities it cites, for Commonwealth.

## When to use it

Use when reading a post-term restraint in a franchise agreement that has expired or is about to expire without renewal or extension, before anyone relies on the clause or agrees to delete it.

## Used for these tasks

- [Map post-term restraints and goodwill claims from the agreement](https://ailawframework.com/practice/franchising-and-distribution/map-post-term-restraints-and-goodwill-claims-from-the-agreement.md)

## How AI may be used

The tool sets the clause beside each paragraph of section 42 and records the facts the lawyer supplies, and the lawyer decides whether the section applies.

**AI may:**

- Quote the restraint from the agreement into the map, including a document the agreement incorporates or attaches.
- Mark each of paragraphs (a) to (h) of section 42 as met, not met, or not checked, from instructions.
- State that section 67 says a franchisor must not rely on a restraint that would apply in the circumstances mentioned in section 42.

**AI must not:**

- Do not decide that the restraint has no effect, or that there was a serious breach.
- Do not value goodwill or call compensation nominal.
- Do not draft a new restraint.

**The lawyer checks:**

- Section 42 is about entering an agreement that includes the restraint. Section 67 is about relying on it. Both were read. Each states a civil penalty of 600 penalty units.
- Paragraph (h) has two branches. Record which one, if either, is said to apply.
- General law on restraints was not opened and is not applied in this map.

## Authorities

- [Competition and Consumer (Industry Codes—Franchising) Regulations 2024 (Cth) s 42](https://classic.austlii.edu.au/au/legis/cth/num_reg/caccr2024202401605650/s42.html)
- [Competition and Consumer (Industry Codes—Franchising) Regulations 2024 (Cth) s 67](https://classic.austlii.edu.au/au/legis/cth/num_reg/caccr2024202401605650/s67.html)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/franchising-and-distribution/post-term-restraint-map and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*