ACCC varies Shopping Centre Council of Australia authorisation

The Australian Competition and Consumer Commission today issued a determination varying authorisations A91049 and A91050 granted to the Shopping Centre Council of Australia*. 

The authorisations cover the SCCA's Casual Mall Licensing Code of Practice. The Code provides voluntary guidelines regarding circumstances in which shopping centre owners and managers can grant casual mall licenses in competition with directly adjacent lessees.

The ACCC originally authorised the Code for 5 years, from 20 September 2007 to 19 September 2012, in recognition of SCCA's intention that the Code would operate for an initial period of 5 years before being subject to review.

The SCCA sought to extend the period of authorisation to 31 December 2012 due to the commencement date of the Code being delayed until 1 January 2008 subsequent to the ACCC granting authorisation. 

"The ACCC considers that the proposed changes lodged by the SCCA are minor in nature and do not reduce the benefits associated with the authorisation," ACCC Acting Chair, Ms Louise Sylvan, said today.

Background

*Authorisation provides protection from court action for conduct or arrangements that might otherwise raise concerns under the competition provisions of the Trade Practices Act 1974. Authorisation is granted where the ACCC is satisfied that the benefit to the public from the conduct outweighs any public detriment. A party to whom authorisation had been granted may also apply to the ACCC for a minor variation of that authorisation.