❓ Mr Brown raises concerns about the Commercial Tribunal's interpretation of an Act impacting small businesses' protection, particularly car yards and service stations. The Minister acknowledges the issue, notes an appeal is underway, and suggests awaiting the appeal outcome before considering legislative changes.
AnsweredQoN 543Legislative Assembly
QuestionView source ↗
(2) Is the Minister also aware that the interpretation given to the Act by the Commercial Tribunal means many small car yards, service stations and other similar businesses are no longer able to claim the protection offered by the Act? (3) Does the Government intend to introduce legislation to overcome the interpretation of the Act in order to ensure small business is protected by the Act as originally intended? (4) If not, why not? Answered on 10 October 2000 The Minister
AnswerView source ↗
Answered
10 October 2000
Response time
55 days
1 Yes. (2)-(4) The Act regulates commercial tenancy agreements relating to certain shops and provides for the determination of questions arising under such agreements, and for connected purposes. I understand the Commercial Tribunal's decision in this particular dispute has been appealed to the District Court. As the Member would be aware, Parliament recently approved changes to the Act in 1999 following a lengthy consultation period with industry stakeholders. In view of these circumstances, it is more appropriate to await the outcome of the appeal before considering the need for further changes to the Act.
(3) Does the Government intend to introduce legislation to overcome the interpretation of the Act in order to ensure small business is protected by the Act as originally intended? (4) If not, why not? Answered on 10 October 2000 The Minister Replied: 1 Yes. (2)-(4) The Act regulates commercial tenancy agreements relating to certain shops and provides for the determination of questions arising under such agreements, and for connected purposes. I understand the Commercial Tribunal's decision in this particular dispute has been appealed to the District Court. As the Member would be aware, Parliament recently approved changes to the Act in 1999 following a lengthy consultation period with industry stakeholders. In view of these circumstances, it is more appropriate to await the outcome of the appeal before considering the need for further changes to the Act.
(4) If not, why not? Answered on 10 October 2000 The Minister Replied: 1 Yes. (2)-(4) The Act regulates commercial tenancy agreements relating to certain shops and provides for the determination of questions arising under such agreements, and for connected purposes. I understand the Commercial Tribunal's decision in this particular dispute has been appealed to the District Court. As the Member would be aware, Parliament recently approved changes to the Act in 1999 following a lengthy consultation period with industry stakeholders. In view of these circumstances, it is more appropriate to await the outcome of the appeal before considering the need for further changes to the Act.
Answered on 10 October 2000 The Minister Replied: 1 Yes. (2)-(4) The Act regulates commercial tenancy agreements relating to certain shops and provides for the determination of questions arising under such agreements, and for connected purposes. I understand the Commercial Tribunal's decision in this particular dispute has been appealed to the District Court. As the Member would be aware, Parliament recently approved changes to the Act in 1999 following a lengthy consultation period with industry stakeholders. In view of these circumstances, it is more appropriate to await the outcome of the appeal before considering the need for further changes to the Act.
(3) Does the Government intend to introduce legislation to overcome the interpretation of the Act in order to ensure small business is protected by the Act as originally intended? (4) If not, why not? Answered on 10 October 2000 The Minister Replied: 1 Yes. (2)-(4) The Act regulates commercial tenancy agreements relating to certain shops and provides for the determination of questions arising under such agreements, and for connected purposes. I understand the Commercial Tribunal's decision in this particular dispute has been appealed to the District Court. As the Member would be aware, Parliament recently approved changes to the Act in 1999 following a lengthy consultation period with industry stakeholders. In view of these circumstances, it is more appropriate to await the outcome of the appeal before considering the need for further changes to the Act.
(4) If not, why not? Answered on 10 October 2000 The Minister Replied: 1 Yes. (2)-(4) The Act regulates commercial tenancy agreements relating to certain shops and provides for the determination of questions arising under such agreements, and for connected purposes. I understand the Commercial Tribunal's decision in this particular dispute has been appealed to the District Court. As the Member would be aware, Parliament recently approved changes to the Act in 1999 following a lengthy consultation period with industry stakeholders. In view of these circumstances, it is more appropriate to await the outcome of the appeal before considering the need for further changes to the Act.
Answered on 10 October 2000 The Minister Replied: 1 Yes. (2)-(4) The Act regulates commercial tenancy agreements relating to certain shops and provides for the determination of questions arising under such agreements, and for connected purposes. I understand the Commercial Tribunal's decision in this particular dispute has been appealed to the District Court. As the Member would be aware, Parliament recently approved changes to the Act in 1999 following a lengthy consultation period with industry stakeholders. In view of these circumstances, it is more appropriate to await the outcome of the appeal before considering the need for further changes to the Act.
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