The ACCC has issued a draft determination proposing to authorise an amended version of the Shopping Centre Council of Australia’s (SCCA) Casual Mall Licensing Code of Practice. The ACCC has also granted interim authorisation to allow the SCCA to continue to give effect to the code authorised in 2017 while the ACCC continues its assessment of the application for re-authorisation.
The code is voluntary and aims to regulate the practice of casual mall licensing in shopping centres (also known as ‘pop-up’ retailing). The code's purpose is to ensure that casual mall licensing practices are fair to shopping centre owners and managers, shopping centre retailers and casual mall licensees. The code prohibits provision of casual mall licences in certain circumstances where they might harm permanent shopping centre tenants.
The ACCC proposes to reauthorise the code for a period of 10 years, having previously authorised the code several times beginning in 2007, and noting evidence of improved operation stemming from enhancements to the code’s administration.
Authorisation provides businesses legal protection for arrangements that may otherwise risk breaching the law but are not harmful to competition and/or are likely to result in overall public benefits. In this case the SCCA sought authorisation because the code contains provisions that restrict the supply of casual mall licensing by shopping centre owners and managers.
The ACCC now invites submissions in relation to this draft determination, including the proposed period of authorisation, by 8 January 2021, before making its final decision.
Further information is about the ACCC’s draft determination is available on the ACCC public register at: Shopping Centre Council of Australia Limited.