The Bracks government in Victoria has announced the establishment of a Retail Industry Commissioner to protect shop owners and traders from unfair market practices and uncompetitive behaviour.
Small Business Minister Marsha Thomson says the Commissioner will ensure the local milk bar, hardware store and bottle shop has a place they can take genuine grievances about the activities of big retailers and landlords.
"Imbalances in bargaining power exist in many areas of the retail sector, including liquor and grocery retailing and retail tenancies," she says.
"The Bracks government wants to protect small shopkeepers so they can compete on a level playing field with the majors and not be subject to unconscionable and unfair market practices.
"There will now be a dedicated area within government committed to looking at unfair market practices in the retail sector.
"We are establishing the office of the Retail Industry Commissioner to bring together all measures that protect small retailers providing a simple, low-cost and informal disputes resolution mechanism."
The government also released today for public comment an exposure draft of the
Retail Leases Bill 2002, which represents the government's response to the review of Victoria's retail tenancies legislation.
Key reforms in the proposed Bill include:
- replacing the 1,000-square-metre rule (which currently determines a tenant's eligibility for coverage) with a rent threshold in order to maximise the number of small businesses protected by the legislation
- creating the Retail Industry Commissioner, which will ensure tenants in dispute with a landlord can access a low-cost and informal dispute resolution mechanism
- prohibiting landlords from passing on their land-tax liability to the tenant through outgoings
- enhancing the protection of tenants whose landlords are forcing them to relocate within a shopping centre
- extending the factors that can be considered in cases where a tenant is claiming the landlord is engaging in unconscionable conduct.