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TRADE PRACTICES AMENDMENT (FAIR TRADING) BILL 1997

The order of the day having been read for the further consideration in detail of the Bill—

Bill, as a whole—

Debate resumed on the Bill and on the amendments moved together by Mr Martin ( <XREF> see item No. 5 </XREF> ).

Question—That the amendments be agreed to—put.

The House divided (the Deputy Speaker, Mr Nehl, in the Chair)—

AYES, 41

Mr AdamsMr M. J. FergusonMr McLeayMr Sawford*
Mr AlbaneseMr Griffin*Mr McMullanMr Sercombe*
Mr BeddallMr HattonMr MartinMr S. F. Smith
Mr BevisMr HoldingMr MelhamMr Tanner
Mr BreretonMr HollisMr A. A. MorrisDr Theophanous
Mr BrownMr JenkinsMr P. F. MorrisMr K. J. Thomson
Mrs CrosioMr JonesMr MossfieldMr Willis
Mr DargavelMr LathamMr O'ConnorMr Wilton
Ms EllisDr LawrenceMr O'Keefe
Mr M. J. EvansMr McClellandMr Price
Mr L. D. T. FergusonMs MacklinMr Quick

NOES, 81

Mr AbbottMrs ElsonMr LiebermanMr Scott
Mr AndrenMr EntschMr LloydMr Sharp
Mr J. N. AndrewMr R. D. C. EvansMr McArthur*Mr Sinclair
Mr K. J. AndrewsMr FaheyMr McDougallMr Slipper*
Mr AnthonyMr ForrestMr McGauranMr A. C. Smith
Mrs BaileyMrs GallusMr MarekMr W. L. Smith
Mr R. C. BaldwinMs GambaroMr MilesMr Somlyay
Mr BarresiMrs GashMr MooreDr Southcott
Mr BartlettMr GeorgiouMrs MoylanMrs Sullivan
Mr BillsonMrs E. J. GraceMr MutchMr Taylor
Mr BradfordMr HardgraveMr NairnMr Truss
Mr BroadbentMr HawkerDr NelsonMr Tuckey
Mr BroughMr Hicks*Mr NevilleMr M. A. J. Vaile
Mr CadmanMr HockeyMr NugentMrs West
Mr E. H. CameronMs JeanesMr ProsserMr Williams
Mr R. A. CameronMrs JohnstonMr PyneDr Wooldridge
Mr CausleyMr JullMr RandallMs Worth
Mr CharlesMr KatterMr ReidMr Zammit
Mr CobbMrs D. M. KellyMr Reith
Mr DondasMiss J. M. KellyMr Ronaldson
Mrs DraperDr KempMr Ruddock

* Tellers

And so it was negatived.

Mr Martin moved the following amendment: Schedule 2, item 2, page 8 (lines 20-23), omit proposed subsection 51AC(7), substitute:

  (7) A reference in this section to the supply or possible supply of goods or services does not include a reference to the supply or possible supply of goods or services to:

  (a) a manufacturing business in which more than 100 persons are employed; or

  (b) any other business in which more than 20 persons are employed.

Debate continued.

Amendment negatived.

Mr Martin, by leave, moved the following amendments together:

Page 9 (after line 7), at the at the end of the Bill add:

Schedule 3—Amendments relating to a Uniform Retail Tenancy Code

Trade Practices Act 1974

1 Paragraph 80(1)(a):

  Omit the paragraph, substitute:

 
 (a) a contravention of a provision of Part IV, IVA, V or XIAA.

2 Section 80

 Insert:

  (1AB) An application for an injunction on the grounds of:

  (a) a person[quot ]s actual, attempted or proposed contravention of Part XIAA, or

  (b) a person[quot ]s actual, or proposed involvement in a contravention of Part XIAA;

   may only be made by

  (c) the Minister, or

  (d) the Commission, or

  (e) a lessor or a lessee (in respect of a retail shop lease or a service station lease to which the lessor or the lessee is a party).

  (1AC) An application for an injunction in respect of actual, attempted or proposed contravention of Part XIAA, or in respect of a person[quot ]s actual or proposed involvement in such a contravention must not be made unless a Retail Lease Tribunal has certified, as provided for in section 148, that reasonable steps have been taken to resolve the matter in dispute but that the matter has not been resolved.

3 Subsection 82(1)

 After "Part IV or V" insert:

   "or, subject to subsection (4), Part XIAA".

4 Section 82

 Insert:

  (1A) A person who suffers loss or damage by conduct by another person that was done in contravention of Part XIAA must not take action to recover the amount of the loss or damage unless a Retail Lease Tribunal has certified, as provided for in section 148, that reasonable steps have been taken to resolve the matter in dispute but that the matter has not been resolved.

5 Section 83

 Omit "or V", substitute "V or XIAA".

6 Subsection 84(1)

 Omit "or V", substitute "V or XIAA".

7 Subsection 84 (3)

 Omit "or V", substitute "V or IVAA".

8 Subsection 86(2)

 After "Part V" insert "or Part XIAA".


9 Subsection 86A(1)

 After "Part V" insert "or Part XIAA".

10 Subsection 86A((4)

 After "Part V: insert "or Part XIAA".

11 Subsection 86A(5)

 After "Part V" insert "or Part XIAA".

12 Subsection 87(1)

 Omit "or V", substitute "V or XIAA".

13 Subsection 87(1A)

 Omit "or V", substitute "V or XIAA".

14 Subsection 87(1C)

 Omit "or V", substitute "V or XIAA".

15 Subsection 87(1D)

 After "IVA" insert "XIAA".

16 After Part XI

 Insert:

Part XIAA—Uniform Retail Tenancy Code

Division 1—Preliminary

130 Objects of Part

 The principal objects of this Part are:

  (a) to provide fairness and equity throughout Australia in respect of retail shop leases and service station leases; and

  (b) to ensure that as far as practicable certain specified conditions apply throughout Australia in respect of retail shop leases and service station leases.

131 Saving of other laws and remedies

  (1) This Part is not intended to exclude or limit the concurrent operation of any law in force in a State or Territory.

  (2) This Part is not to be taken to limit, restrict or otherwise affect any right or remedy a person would have had if this Part had not been enacted.

132 Interpretation

 In this Part, unless the contrary intention appears:

  disclosure statement means a statement, in written form, prepared by or on behalf of an existing lessee, setting out details relating to a retail shop lease or service station lease to which the lessee is a party, including:

 
 (a) details of the financial position of the business associated with the lease, including details of creditors and debtors at the time the disclosure statement is prepared;

  (b) details of rent payable by the lessee and any related factors;

  (c) any existing or anticipated obligations or commitments associated with the lease in respect of finishes, fixtures, fittings, equipment or services for which the lessee is responsible;

  (d) details of any commitments or responsibilities of the lessee in respect of outgoings;

 (e) details of conditions under which the lessor could withhold agreement to the assignment of the lease; and

  (f) such other details as are prescribed by the regulations.

  lessee means a person who has the right to occupy a retail shop or service station under a retail shop lease or a service station lease, and includes a sub lessee and a lessee[quot ]s or sublessee[quot ]s heirs, executors, administrators and assigns.

  lessor means a person who grants or proposes to grant a right to occupy a retail shop or a service station under a retail shop lease or a service station lease, as the case requires, and includes a sublessor and a lessor[quot ]s or a sublessor[quot ]s heirs, executors, administrators and assigns.

  market rent of a retail shop or service station at any time is the rent that, having regard to the terms and conditions of the lease and such other matters as are relevant to the assessment of the rent, would be reasonably expected to be paid for the shop if it were unoccupied and offered for renting for the use or uses to which the shop may be put in accordance with the lease.

  outgoings means a lessor[quot ]s outgoings in respect of land, buildings or areas on which a retail shop or service station is located, on any of the following:

  (a) the expenses of operating, repairing or maintaining the building; and

  (b) rates, taxes, levies, premiums or charges payable by the lessor because the lessor is the owner or occupier of any building or the land on which it is erected; and

  (c) the expenses of promotion, advertisement or marketing payable by the lessor; and

  (d) such other matters as are prescribed by the regulations.

  retail shop means premises that:

  (a) are used wholly or mainly for the carrying on of one or more of the business specified in Schedule 2; or

 
 (b) are used for the carrying on of any business (whether or not a business specified in Schedule 2) in a retail shopping centre.

  retail shop lease means an agreement under which a person grants or agrees to grant to another person for value a right of occupation of premises for the use of the premises as a retail shop:

  (a) whether or not the right is a right of exclusive occupation; and

  (b) whether the agreement is express or implied; and

  (c) whether the agreement is oral, in writing, or partly oral and partly in writing.

  retail shopping centre means a group of premises with the following attributes:

  (a) at least 5 of the premises are used wholly or predominantly for the carrying on of one or more of the businesses specified in Schedule 2; and

  (b) the premises are all owned by the same person or corporation or have (or would, if leased) the same lessor or the same head lessor; and

  (c) the premises are located in the one building or in 2 or more buildings that are either adjoining or separated only by common areas or other areas owned by the owner of the retail shops; and

  (d) the group of premises is promoted as, or generally regarded as, constituting a shopping centre, shopping mall, shopping court or shopping arcade.

  service station means premises used mainly for the sale to the public of petrol and other products or services in connection with the use of motor vehicles;

  service station lease means an agreement under which a person grants or agrees to grant to another person for value a right of occupation of premises for the use of the premises as a service station:

  (a) whether or not the right is a right of exclusive occupation; and

  (b) whether the agreement is express or implied; and

  (c) whether the agreement is oral, in writing, or partly oral and partly in writing.

  small business means a business in which fewer than 20 persons are employed;

  tenancy mix, in relation to a retail shopping centre, means the number and proportion of different shops operating in, or proposed by the lessor to operate in, the shopping centre.


Division 2—Uniform retail tenancy code

133 Retail shop leases and service station leases not to be contrary to uniform retail tenancy code

  (1) A corporation must not enter into a retail shop lease or a service station lease with a person or with another corporation if any provision of the retail shop lease is contrary to the uniform retail tenancy code provided for in this Division.

  (2) A person must not enter into a retail shop lease or a service station lease with a corporation if any provision of the retail shop lease is contrary to the uniform retail tenancy code provided for in this Division.

  (3) This section does not apply to any of the following leases:

  (a) leases for a term of less than 6 months;

  (b) leases entered into before the commencement of this section;

  (c) leases in respect of retail shops not operating as small businesses; and

 (d) any other lease of a kind prescribed by the regulations as exempt from this section.

134 Minimum term of retail shop and service station leases

  (1) The term for which a retail shop lease or a service station lease is entered into must not be less than 5 years.

  (2) Any further term or terms provided for by agreement or option for the acquisition by the lessee of a further term as an extension or renewal of the lease is not to be counted for the purposes of subsection (1).

 (3) If a lease is entered into in contravention of this section, the validity of the lease is not thereby affected but the term of the lease is extended by such period as may be necessary to prevent the lease contravening this section.

  (4) This section does not apply to a lease if a lawyer acting for the prospective lessee issues a certificate in writing that he or she has, explained the effect of subsections (1), (2) and (3) to the prospective lessee and explained that the giving of the certificate will result in this section not applying to the lease.

135 Lease renewals

  (1) When a retail shop lease or a service station lease expires the lessee (the existing lessee) must be given the opportunity to renew the lease for a period of at least 5 years.

  (2) Where a lease which has been renewed for a period of at least 5 years expires, the lessee (the existing lessee) must be given the opportunity to renew the lease a second time for a period of at least 5 years.

 
 (3) For the purposes of subsections (1) and (2) an existing lessee must be given notice in writing by the lessor of the opportunity to renew a lease or a renewed lease at least one year before the lease or the renewed lease is due to expire, unless the lessee and the lessor agree in writing that a shorter period of notice may be given.

 (4) A lessee who receives a notice under subsection (3) must inform the lessor, in writing, within 3 months of receiving the notice whether the lessee wishes to renew the lease or the renewed lease, unless the lessee and the lessor agree in writing that a shorter period may be allowed.

 (5) A lessor must not approach, directly or indirectly, any other person (a prospective lessee) with a view to offering the prospective lessee the opportunity to become a party to a lease in respect of the premises or retail shop or service station to which the existing lessee has a right to renew under subsection (1) or (2) until:

  (a) the existing lessee has indicated that he or she does not wish to renew the lease, or

  (b) the period allowed by or under subsection (4) has expired.

  (6) If a lease is renewed in contravention of this section, the validity of the renewed lease is not thereby affected, but the term of the renewed lease is extended by such period as may be necessary to prevent the renewed lease contravening this section.

  (7) This section does not apply to a renewed lease if a lawyer acting for the lessee issues a certificate in writing that he or she has explained the effect of subsections (1), (2), (3), (4), (5) and (6) to the lessee and explained that the giving of the certificate will result in this section not applying to the renewed lease.

136 Lease assignment

  (1) An existing lessee must not agree to assign a retail shop lease or a service station lease to another person (the prospective new lessee) unless the lessee provides a disclosure statement concerning the lease to the prospective new lessee.

  (2) If the lessee, the prospective new lessee and the lessor agree, the prospective new lessee may be given a new lease instead of an existing lease being assigned to the prospective new lessee.

137 Standard set of lease provisions

  (1) As soon as practicable after the commencement of this section, the Minister must consult with such persons as the Minister considers appropriate in order to assist in the formulation of a set of standard retail shop and service station lease provisions which will:

  (a) reflect the requirements of this Division; and

  (b) be as easily understood by lessees and lessors as possible.

 
 (2) As soon as possible after the consultations required by subsection (1) have been completed, the Minister must approve a set of standard retail shop and service station lease provisions which the Minister considers will meet the requirements of paragraphs (1)(a) and (b).

  (3) The Minister must take reasonable steps to ensure that copies of any provisions approved under subsection (2) are available to lessees and prospective lessees and lessors and prospective lessors.

138 Pre-contract disclosure

  (1) Before a person or a corporation (the prospective lessee) is invited to enter into or offered the opportunity of entering into a retail shop lease or a service station lease, the lessor must make available to the prospective lessee:

  (a) a copy of the proposed lease (in written form, but not necessarily including particulars of the lessee, the rent or the term of the lease);

  (b) details of the means by which it is proposed that rent for the lease would be calculated;

  (c) details of any finishes, fixtures, fittings, equipment or services proposed to be provided by or made the responsibility of the lessee;

 (d) details of any finishes, fixtures, fittings, equipment or services proposed to be provided by or made the responsibility of the lessor;

  (e) details of any specific requirements proposed by the lessor in respect of:

   (i) hours of trading; and

   (ii) access outside of trading hours.

  (f) the date on which the area or facility proposed to be made available by the lessor will be available for occupation by the prospective lessee;

  (g) details of any existing or proposed requirements of the lessor in respect of the maintenance, renewal or possible alteration of the area or facility covered by the proposed lease;

 (h) details of any existing or proposed outgoings by the lessor for which the lessee may be charged, including outgoings in respect of promotion, advertising and marketing;

  (i) details of the conditions under which the lessor could withhold agreement to the assignment of the lease;

  (j) details of the ways in which the lessee will be compensated for the direct or indirect costs of any compulsory fitout, refurbishment, relocation or disturbance affecting the lessee which may occur during the term of the lease; and

 
 (k) such other details as are prescribed by the regulations.

  (2) In addition to meeting the requirements of subsection (1), in respect of a lease in a retail shopping centre, the lessor must make available to a prospective lessee details of the:

  (a) existing tenancy mix of the shopping centre; and

  (b) the way in which lessee will be compensated for any loss or damage suffered by the lessee as a result of a change in the tenancy mix of the shopping centre where the change is made by, on behalf of or at in request of the lessor.

139 Market rent review

  (1) A review of the market rent of a retail shop or a service station may only be made in connection with the proposed renewal or extension of a lease.

  (2) A market rent review may only be made by an independent valuer agreed between the lessee and the lessor.

  (3) An independent valuer undertaking a market rent review may have regard to rent concessions and other benefits that are generally or frequently offered to prospective lessees of unoccupied retail shops or service stations.

 (4) An independent valuer undertaking a market rent review may not have regard to the value of goodwill created by the lessee[quot ]s occupation and the value of the lessee[quot ]s fixtures and fittings on the retail shop or service station.

  (5) If, having received advice from an independent valuer, the lessor and the lessee do not agree as to what the actual amount of the rent is to be, the amount of the rent is to be determined by valuation carried out by a person appointed by agreement between the parties to the lease or, failing agreement, appointed by the person for the time being holding or acting in the office of President of the Australian Institute of Valuers and Land Economists.

  (6) For the purposes of subsection (5) a valuation is to be a [quot ]speaking valuation[quot ] (that is, the valuer must give detailed reasons for his or her determination and must specify the matters to which he or she has had regard in making the determination).

  (7) In respect of a market rent review of a retail shop lease in a retail shopping centre, the lessor must make available to a valuer appointed under subsection (2) or (5) details of rents received and concessions or rebates allowed or made in respect of each retail shop in the centre.

  (8) A valuer provided with information under subsection (7) by a lessor must not divulge or communicate information about rents paid by other lessees to any other person other than with the agreement of the lessor.

 
   Penalty: 200 penalty units

  (9) The lessor and the lessee must share equally the costs of the valuation or valuations obtained under this section.

  (10) If the lessor and the lessee agree in writing in respect of rent to be payable on renewal or extension of a lease, the procedures set out in subsections (1)-(9) do not need to be followed.

140 Disturbance to trading

  (1) The retail shop lease for a retail shop located in a retail shopping centre must contain details of the way in which the lessee will be compensated for any disturbance to trading caused by redevelopment, refurbishment or alterations carried out at the direction of or on behalf of the lessor.

  (2) Where the lessor and the lessee agree in writing, the requirements of subsection (1) need not be met in respect of a retail shop lease in a retail shopping centre.

141 Retail tenancy mix

  (1) The retail shop lease for a retail shop located in a retail shopping centre must contain details of the way in which the lessee will be compensated for any loss or damage suffered by the lessee as a result of a change in the tenancy mix of the shopping centre.

  (2) Where the lessor and the lessee agree in writing, the requirements of subsection (1) need not be met in respect of a retail shop lease in a retail shopping centre.

142 Merchants[quot ] associations to be consulted

   Where a merchants[quot ] association exists in respect of a retail shopping centre, the lessor must take reasonable steps to confer with the association on:

  (a) any possible changes to the tenancy mix and any other matter affecting the operation, or future operation, of the shopping centre and the retail shops operating in it, and

  (b) expenditure proposed to be made on outgoings in respect of the retail shopping centre.

143 Statements of outgoings

  (1) As soon as practicable after the conclusion of each 3 month period, a lessor must provide to a lessee a detailed statement, in writing, of any expenditure on outgoings during that period in respect of which the lessee has been or will be charged or asked to contribute.

  (2) As soon as practicable after the at the end of each financial year, a lessor must provide a detailed statement, in writing, of expenditure on outgoings during that year in respect of which the lessee has been or will be charged or asked to contribute


 (3) A statement provided under subsection (2) must be prepared by a registered company auditor (within the meaning of the Corporations Law) and be in accordance with accounting standards (within the meaning of the Corporations Law).

144 Dispute resolution provisions in leases

   In order to ensure that, to the maximum extent possible, disputes arising in respect of retail shop and service station leases are resolved in a manner which is fair, just, economical, informal and quick, a retail shop lease or a service station lease must contain dispute resolution provisions designed to achieve those objectives.

Division 3—Enforcement

145 Retail Lease Tribunals to be established

  (1) As soon as practicable after the commencement of this section, the Minister must consult with State and Territory Ministers with a view to reaching agreement on the establishment of Retail Lease Tribunals in each State and Territory.

  (2) The objective of a Retail Lease Tribunal is to ensure that, to the maximum extent possible, disputes arising in respect of the compliance of retail shop and service station leases with the requirements of Division 2 are resolved in a manner which is fair, just, economical, informal and quick.

146 Application to Retail Lease Tribunal

  (1) A lessee or a lessor may bring a matter concerning a retail shop lease or a service station lease to which the lessee or the lessor is a party before a Retail Lease Tribunal.

  (2) A matter cannot be brought before a Retail Lease Tribunal under this section unless it concerns the compliance of a retail shop lease or a service station lease, or the compliance, directly or indirectly, of the actions of a party to such a lease, with the requirements of Division 2.

  (3) A lessee or a lessor bringing a matter before a Retail Lease Tribunal under this section must do so in writing and must set out the particulars in which the person considers that there is or has been a breach of the requirements of Division 2.

  (4) An application under this section must be made within 3 months after the date on which the cause of the complaint occurred.

  (5) The regulations may prescribe:

  (a) matters to be covered in applications under this section; and

  (b) the form in which applications may be made.

147 Consideration of matters by Retail Lease Tribunal

  (1) When a Retail Lease Tribunal receives an application under section 146 from a party to a lease it must make a copy of the application
available to the other party to the lease and to such other persons as it considers appropriate.

  (2) When a Retail Lease Tribunal has given each party to a lease a reasonable opportunity to consider the matter, it must take steps, by mediation or conciliation, to help the parties to the lease to resolve the dispute.

  (3) In considering applications under this Division, a Retail Lease Tribunal must consider the provisions of the retail shop lease or the service station lease which is the subject of the application, or the actions the subject of the application, with regard to the requirements of the uniform retail tenancy code set out in Division 2.

  (4) A Retail Lease Tribunal may, in seeking to resolve a dispute by mediation or conciliation, issue to the parties to the dispute, proposals in writing, for the resolution of the dispute.

  (5) The regulations may prescribe details of the way in which Retail Lease Tribunals must operate.

148 Action where recourse to Retail Lease Tribunal has not resolved dispute

  (1) Where a person has brought a matter concerning a retail shop lease or a service station lease before a Retail Lease Tribunal but the matter has not been resolved, the person may, subject to subsection (2), take action under section 80 or 82.

  (2) Where a Retail Lease Tribunal has considered and taken steps to resolve a dispute concerning a retail lease or a service station lease but the dispute has not been resolved, the Retail Lease Tribunal may, if so satisfied, certify that reasonable steps have been taken to resolve the dispute but that the matter has not been resolved.

Page 9 (after line 7), at the at the end of proposed paragraph 24 of the bill, add:

  After the Schedule, add:

Schedule 2—Retail shop businesses

 Antique shops

 Art galleries

Art supplies shops

Arts and crafts shops

Barbecue equipment shops

Barbers

Beauty therapists

Beauty shops

Beach wear shops

 
Beer, wine and spirit shops (except where goods are for consumption on the premises)

 Bicycle shops

Bicycle accessories shops

Biscuit shops

Bookshops

Boot and shoe repairers

Bridal wear sales and hire shops

Building supplies shops

Building machines and equipment shops

Butcher shops

Cake shops

Camping equipment shops

Cards shops

Carpet shops

Cigarette shops

Clock shops

Coins and coin collections shops

Confectionery shops

Convenience food shops

Cookie shops

Copper fitting shops

Cosmetics shops

Costumes and formal wear hire shops

Curtain shops

Delicatessen shops

Department stores

Dinnerware shops

Disposals shops

Drapery shops

Duty free shops

Electrical appliance shops

Electronic equipment and supplies shops

Engravers

Equestrian wear shops

Equipment hire shops

Fast food shops


Fast-photo processors

Floor covering shops

Florist shops

Flower shops

Fruit and vegetable shops

Fruit juice shops

Furniture shops

Games and hobbies shops

General stores

Gift shops

Gift-wrapping shops

Grocery shops

Greengrocer shops

Haberdashery shops

Hairdressers

Hardware shops

Health food shops

Hearing aid shops

Hot bread shops

Hot water system shops

Household appliance shops

Household fixtures and fittings shops

Ice cream shops

Interior decoration shops

Jewellery shops

Key cutting shops

Kitchenware shops

Leather goods shops

Lighting shops

Linen shops

Lingerie shops

Lottery agencies

Manchester shops

Martial arts supplies shops

Mixed business shops

 Motor vehicle and motor cycle accessories shops (excluding tyre shops and batteries shops)

 
Music shops

Newsagency shops

Nick-knack shops

Nut bar shops

Optometrists

Organ shops

Paint and paper shops

Pastry shops

Pet shops

Pharmacy shops

Photographic equipment and supplies shops

Picture frames shops

Plumbing supplies shops

Pool and spa shops

 Poultry shops (whether fresh or frozen poultry or both fresh and frozen poultry )

 Precious stones shops

 Prints and posters shops

Restaurants, cafeterias, coffee lounges and other eating places

Rock shops

Rubber stamp supply shops

Seafood shops

Second-hand goods shops

Shoe shops

 Shops selling or engaged in providing any 1 or more of the following goods or services

  in relation to men and boys:

 accessories, caps, clothing, clothing alterations, sunshades

 Shops selling or engaged in providing any 1 or more of the following goods or services

  in relation to women, girls and infants:

  accessories, baby wear, bags, caps, clothing, clothing alterations, sunshades

 Shops selling any 1 or more of the following goods:

  cassettes, musical instruments, prerecorded tapes, records

Silverware shops

Sleepware shops

Smallgoods shops


Snack bars

Soft drink shops

Soft furnishing shops

Souvenir shops

Sporting goods shops

 Stamps and stamp collection shops (whether for purchase or sale or both)

 Stationery shops

Supermarkets

Surfboard shops

Surfing accessories shops

Takeaway food shops

Television, video equipment and other household appliances hire shops

Tobacconists shops

Toy shops

Umbrella shops

Underwear shops

Variety stores

Video tape and prerecorded music libraries

Vitamin shops

Wall decoration shops

Watch shops

Writing materials shops

And any other business prescribed by the regulations.

Debate continued.

Question—That the amendments be agreed to—put.

The House divided (the Deputy Speaker, Mr Nehl, in the Chair)—

AYES, 41

Mr AdamsMr M. J. FergusonMr McLeayMr Sawford*
Mr AlbaneseMr Griffin*Mr McMullanMr Sercombe*
Mr BeddallMr HattonMr MartinMr S. F. Smith
Mr BevisMr HoldingMr MelhamMr Tanner
Mr BreretonMr HollisMr A. A. MorrisDr Theophanous
Mr BrownMr JenkinsMr P. F. MorrisMr K. J. Thomson
Mrs CrosioMr JonesMr MossfieldMr Willis
Mr DargavelMr LathamMr O'ConnorMr Wilton
Ms EllisDr LawrenceMr O'Keefe
Mr M. J. EvansMr McClellandMr Price
Mr L. D. T. FergusonMs MacklinMr Quick

NOES, 80

Mr AbbottMrs ElsonDr KempMr Reith
Mr J. N. AndrewMr EntschMr LiebermanMr Ronaldson
Mr K. J. AndrewsMr R. D. C. EvansMr LloydMr Ruddock
Mr AnthonyMr FaheyMr McArthur*Mr Scott
Mrs BaileyMr ForrestMr McDougallMr Sharp
Mr R. C. BaldwinMrs GallusMr McGauranMr Sinclair
Mr BarresiMs GambaroMr McLachlanMr Slipper*
Mr BartlettMrs GashMr MarekMr A. C. Smith
Mr BillsonMr GeorgiouMr MilesMr Somlyay
Mr BradfordMrs E. J. GraceMr MooreDr Southcott
Mr BroadbentMr HardgraveMrs MoylanMrs Sullivan
Mr BroughMr HawkerMr MutchMr Taylor
Mr CadmanMr Hicks*Mr NairnMr Truss
Mr E. H. CameronMr HockeyDr NelsonMr Tuckey
Mr R. A. CameronMs JeanesMr NevilleMr M. A. J. Vaile
Mr CausleyMrs JohnstonMr NugentMrs West
Mr CharlesMr JullMr ProsserMr Williams
Mr CobbMr KatterMr PyneDr Wooldridge
Mr DondasMrs D. M. KellyMr RandallMs Worth
Mrs DraperMiss J. M. KellyMr ReidMr Zammit

* Tellers

And so it was negatived.

Adjournment negatived

It being past 7.30 p.m.—The question was proposed—That the House do now adjourn.

Mr Cadman (Parliamentary Secretary to the Minister for Workplace Relations and Small Business) requiring the question to be put forthwith without debate—

Question—put and negatived.

Bill agreed to.

Consideration in detail concluded.

On the motion of Mr Cadman, by leave, the Bill was read a third time.