Hon George Cash asks whether the Minister is aware of the Senate Economics Reference Committee report on the Trade Practices Act and if the Government intends to amend state legislation accordingly. The Government will monitor the Commonwealth's response and highlights existing legislative changes addressing unconscionable conduct.

AnsweredQoN 331Legislative Council
Asked
12 May 2004
Portfolio
Consumer and Employment Protection

QuestionView source ↗

(1) Is the minister aware of the report of the Senate Economics Reference Committee inquiry into the effectiveness of the Trade Practices Act 1974 and the relevant recommendations particularly concerning the misuse of market power and the issues related to unconscionable conduct? (2) Does the Government intend to amend the relevant state legislation to reflect the substance of the committee’s recommendations and, if not, why not? Hon NICK GRIFFITHS

AnswerView source ↗

I thank the member for some notice of this question. The Minister for Consumer and Employment Protection has provided the following response - (1) Yes. (2) The Government will monitor the Commonwealth’s response to the recommended amendments. The Government is keenly aware of the pressures on small business and will consider any legislative change that will alleviate those pressures. In this regard, the Government has introduced into this House the Retail Shops and Fair Trading Legislation Amendment Bill 2003, which provides for the small business legislative protection package. This package includes amendments to the Fair Trading Act 1987 and the Commercial Tenancy (Retail Shops) Agreement Act 1985 to mirror the unconscionable conduct provisions of the Trade Practices Act. The purpose of these amendments is to assist small business to take appropriate action when they have been acted against in an unconscionable or harsh manner.
(2) Does the Government intend to amend the relevant state legislation to reflect the substance of the committee’s recommendations and, if not, why not? Hon NICK GRIFFITHS replied: I thank the member for some notice of this question. The Minister for Consumer and Employment Protection has provided the following response - (1) Yes. (2) The Government will monitor the Commonwealth’s response to the recommended amendments. The Government is keenly aware of the pressures on small business and will consider any legislative change that will alleviate those pressures. In this regard, the Government has introduced into this House the Retail Shops and Fair Trading Legislation Amendment Bill 2003, which provides for the small business legislative protection package. This package includes amendments to the Fair Trading Act 1987 and the Commercial Tenancy (Retail Shops) Agreement Act 1985 to mirror the unconscionable conduct provisions of the Trade Practices Act. The purpose of these amendments is to assist small business to take appropriate action when they have been acted against in an unconscionable or harsh manner.
Hon NICK GRIFFITHS replied: I thank the member for some notice of this question. The Minister for Consumer and Employment Protection has provided the following response - (1) Yes. (2) The Government will monitor the Commonwealth’s response to the recommended amendments. The Government is keenly aware of the pressures on small business and will consider any legislative change that will alleviate those pressures. In this regard, the Government has introduced into this House the Retail Shops and Fair Trading Legislation Amendment Bill 2003, which provides for the small business legislative protection package. This package includes amendments to the Fair Trading Act 1987 and the Commercial Tenancy (Retail Shops) Agreement Act 1985 to mirror the unconscionable conduct provisions of the Trade Practices Act. The purpose of these amendments is to assist small business to take appropriate action when they have been acted against in an unconscionable or harsh manner.
I thank the member for some notice of this question. The Minister for Consumer and Employment Protection has provided the following response - (1) Yes. (2) The Government will monitor the Commonwealth’s response to the recommended amendments. The Government is keenly aware of the pressures on small business and will consider any legislative change that will alleviate those pressures. In this regard, the Government has introduced into this House the Retail Shops and Fair Trading Legislation Amendment Bill 2003, which provides for the small business legislative protection package. This package includes amendments to the Fair Trading Act 1987 and the Commercial Tenancy (Retail Shops) Agreement Act 1985 to mirror the unconscionable conduct provisions of the Trade Practices Act. The purpose of these amendments is to assist small business to take appropriate action when they have been acted against in an unconscionable or harsh manner.
(1) Yes. (2) The Government will monitor the Commonwealth’s response to the recommended amendments. The Government is keenly aware of the pressures on small business and will consider any legislative change that will alleviate those pressures. In this regard, the Government has introduced into this House the Retail Shops and Fair Trading Legislation Amendment Bill 2003, which provides for the small business legislative protection package. This package includes amendments to the Fair Trading Act 1987 and the Commercial Tenancy (Retail Shops) Agreement Act 1985 to mirror the unconscionable conduct provisions of the Trade Practices Act. The purpose of these amendments is to assist small business to take appropriate action when they have been acted against in an unconscionable or harsh manner.
(2) The Government will monitor the Commonwealth’s response to the recommended amendments. The Government is keenly aware of the pressures on small business and will consider any legislative change that will alleviate those pressures. In this regard, the Government has introduced into this House the Retail Shops and Fair Trading Legislation Amendment Bill 2003, which provides for the small business legislative protection package. This package includes amendments to the Fair Trading Act 1987 and the Commercial Tenancy (Retail Shops) Agreement Act 1985 to mirror the unconscionable conduct provisions of the Trade Practices Act. The purpose of these amendments is to assist small business to take appropriate action when they have been acted against in an unconscionable or harsh manner.

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