Shopping Centre Council of Australia Limited

Summary

On 11 September 2020, the Shopping Centre Council of Australia (SCCA) applied for revocation of authorisations A91591 & A91592 and substitution of replacement authorisation AA1000529 with regard to the Casual Mall Licensing Code of Practice (the Code), a voluntary code that regulates casual mall licensing in shopping centres.

Casual mall licensing refers to agreements under which a person grants another person a right to occupy part of the common area of a retail shopping centre for a short-term period for the purpose of the sale of goods or the supply of services to the public (‘pop-up’ retailing).

The ACCC has previously authorised similar versions of the Code in 2007, 2013 and 2017. The SCCA submits that the version of the Code in its current application for re-authorisation does not include material changes, noting some operational improvements to the Code Administration Committee that administers the Code.

The SCCA is seeking re-authorisation for 10 years until 31 December 2030.

The SCCA has also requested interim authorisation to allow the Code to remain in force while the ACCC considers its substantive application for re-authorisation, as authorisations A91591 & A91592 expire on 31 December 2020.

Further detail is contained in the application for authorisation, linked below.

The ACCC invites you to make a submission to assist with its assessment of the SCCA’s application for re-authorisation by close of business 14 October 2020. Submissions should be emailed to adjudication@accc.gov.au with the subject ‘Shopping Centre Council of Australia – AA1000529 –  Submission'.

An indicative timetable is set out below for your information. 

Indicative date

Stage in assessment process

11 September 2020

Lodgement of application and supporting submission.

23 September 2020

Public consultation process begins.

14 October 2020

Closing date for submissions on interim authorisation and substantive application.

October 2020

Applicant responds to issues raised in the public consultation process.

November/December 2020

ACCC draft determination and decision regarding interim authorisation.

February/March 2021

Final determination.

Applicant(s)

  • Shopping Centre Council of Australia Limited

Authorisation number(s)

  • AA1000529-1