Commercial Tenancy (Retail Shops) Agreements Act review

10/9/02
Small Business Minister Clive Brown today announced a review of the Commercial Tenancy (Retail Shops) Agreements Act.
"The Western Australian Government made election policy commitments to amend the Act to improve small business commercial tenancy rights," Mr Brown said.
"The review will inquire into and make recommendations on implementing the Government's election commitments.
"The review will be undertaken by a review committee, which will be chaired by Mr Keith Roddick Bales.
The members of the review committee are Mr Richard Lloyd Todd and Mr George Etrelezis as an ex officio member.
Mr Bales is a barrister and solicitor, with a strong commercial and property law background. He is a part-time registrar of the Commercial Tribunal and has specialist knowledge of the Act. Mr Bales brings considerable legal and practical experience of the Act to the review.
Mr Todd is a practising valuer with expertise in retail business valuation. He is a member of the Australian Property Institute's Arbitration and Determination panel. He has experience in rental value determinations of a wide range of retail premises regulated by the Act.
The review committee has the relevant industry expertise and appropriate balance required to conduct the review, including knowledge and understanding of the operation of retail tenancies and public policy matters.
The review committee will be assisted by the Small Business Development Corporation as project manager," Mr Brown said.
"In addition to seeking the most appropriate way of implementing the Government's election commitments, the review will explore areas where the Act could be improved.
"The review consultation will enable all interested parties to have input into the review and will enable the review committee to examine the issues presented."
Mr Brown said an issues paper would be released shortly outlining the major issues to be considered in the review.
The review will report its findings to the Minister by February 2003.
Minister's office: 9222 9699
Review of Commercial Tenancy (Retail Shops) Agreements Act (Act) Terms of Reference
Scope of Review
The review will inquire into and make recommendations to the Minister for Small Business on the following matters:
1. The most appropriate way to implement the Government's commercial tenancy election policy commitments to improve the commercial tenancy rights of small business retailers, with respect to:

• unconscionable conduct
• disclosure of turnover figures
• merchant associations
• standardised commercial lease provisions
• small businesses excluded from the operation of the Act by virtue of court decisions.

2. Issues arising from judicial decisions, difficulties with current Act interpretation impacting on the operation of the Act and the practical application of the Act.

3. The access to rental and other relevant information to enable determination of market rent under the Act.
4. The suitability and effectiveness of existing dispute resolution mechanisms under the Act, and to make suggestions regarding improvements thereto.
5. Measures to ensure as much as reasonably possible fair dealing between landlords and tenants in the leasing of business premises.
Review Process
The review will be undertaken by a review committee with relevant industry expertise including knowledge and understanding of the operation of retail tenancies and public policy matters. The review committee will be assisted by the Small Business Development Corporation as project manager.
An issues paper will be prepared as a basis for consultation.
The review will where appropriate examine interstate legislation.
Comments will be sought from industry stakeholders, other interested bodies and the general public.
The review committee will report to the Minister for Small Business by 28 February 2003.

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