The Australian Competition and Consumer Commission has granted authorisation to the Shopping Centre Council of Australia Ltd for its Casual Mall Licensing Code of Practice until 31 December 2017.
The ACCC has previously authorised a similar code of conduct in 2007, which expired on 31 December 2012. The ACCC granted interim authorisation on 13 December 2012, until the date the ACCC’s final determination comes into effect.
The code relates to casual mall licensing, which involves the granting of a right to occupy part of the common area of a shopping centre for a short period of time (up to 180 days but normally less than one month) – usually for product launches and demonstrations, stock clearance sales and brand awareness campaigns.
The code is a voluntary code and is based on a Casual Mall Licensing Code enacted by the South Australian Government in 2002.
“The ACCC considers the code is likely to continue to result in public benefits by striking a balance between providing certainty and transparency for permanent retail tenants and also providing shopping centres with flexibility to introduce casual mall licensees within a shopping centre,” ACCC Deputy Chair Michael Schaper said.
“This will allow small businesses to make better informed business decisions as there will be certainty regarding matters that may affect their tenancy arrangements.”
The Shopping Centre Council of Australia has an advocacy and information role and represents investors in, and managers of, shopping centres.
Authorisation provides statutory protection from court action for conduct that might otherwise raise concerns under the competition provisions of the Competition and Consumer Act 2010. Broadly, the ACCC may grant an authorisation when it is satisfied that the public benefit from the conduct outweighs any public detriment.
More information about the application for authorisation, including a copy of the ACCC's determination and public submissions, will be available on the ACCC website at www.accc.gov.au/AuthorisationsRegister