Page 2448 - Week 09 - Tuesday, 7 August 1990

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The committee recommends that the remaining $177,000 from the Commonwealth's initial grant of $1.4 million be expended by the Department of Urban Services on minor works and equipment for Stage '88 that would aid the reduction of current cost, and in a manner not inconsistent with the grant.

Mr Acting Speaker, I commend the report to the Assembly.

Debate (on motion by Mrs Grassby) adjourned.

Sitting suspended from 5.03 to 8.00 pm

TENANCY OF COMMERCIAL PREMISES - SELECT COMMITTEE

Report

Debate resumed from 6 June 1990, on motion by Mrs Nolan:

That the recommendations be agreed to.

MR CONNOLLY (8.00): Mr Acting Speaker, the purpose of this speech this evening is to state the Opposition's position on the recommendations of the Select Committee on the Tenancy of Commercial Premises. Following the tabling of this committee report, the Chief Minister responded on behalf of the Government on 6 June. The Chief Minister's remarks on that afternoon essentially supported the findings of the select committee which recommended that the problem of unfair trading practices in the area of commercial tenancies - that is, tenancies of essentially retail premises - was best dealt with by a code of conduct, a code of practice, to be negotiated between the tenants and shopping centre owners or their associations, backed up by fair trading legislation.

This position, in the view of the opposition, is clearly inadequate. The Opposition has long maintained the policy annunciated by the Follett team in the last election and by the Residents Rally in the now famous, or infamous, pink book, that long litany of broken promises. The pink book clearly stated the Rally's rejection of a code of practice and stressed the need for legislation to deal with this problem.

This view is clearly shared by Labor and is the established practice throughout most of Australia. In Queensland the Retail Shop Leases Act 1984, which was introduced by a National Party government, provides clear protection for commercial tenants. The Western Australian Commercial Tenancy (Retail Shops) Agreements Act 1985, the South Australian Statutes Amendment (Commercial Tenancies) Act 1985 and the Victorian Retail Tenancies Act 1986 provide clear statutory protection for small commercial tenants and a statutory model for arbitration and resolution of disputes between landlord and tenant.


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