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19 April, 2012

165. Hon PHIL EDMAN to the Minister for Commerce:
Are there protections for retail tenants in shopping centres against being charged for operating expenses outside of standard trading hours?

Hon SIMON O’BRIEN replied:
I am glad this question has been raised because it is extraordinarily providential. The perspicacity of this member is growing in leaps and bounds and I compliment him on his foresight.
But if—this is the proposition—a retailer chooses not to open outside of those standard hours, a number of provisions apply. Firstly, they cannot be required to contribute to the operating expenses of the centre if they do not open outside of those standard trading hours. I want to make that absolutely clear, because this is a misconception that has been repeated again and again and I want to nip it in the bud now. Obviously, if they do open, a calculation of expenses based only on their lettable floor area can be applied, and rightly so. I thank the honourable member for the opportunity to correct the misunderstanding that was exhibited by someone involved in a debate earlier today.

The PRESIDENT: I was listening to hear what “perspicacity” meant.

Subject: Retail Trading – Operating Expenses [Legislative Council – Questions Without Notice]

Date: 29 March 2012

Hansard reference: p. 1575 [online (pdf)]

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