<!--The Official Report of Parliamentary Debates (Hansard) of the Legislative Council and the House of Assembly of the Parliament of South Australia are covered by parliamentary privilege. Republication by others is not afforded the same protection and may result in exposure to legal liability if the material is defamatory. You may copy and make use of excerpts of proceedings where (1) you attribute the Parliament as the source, (2) you assume the risk of liability if the manner of your use is defamatory, (3) you do not use the material for the purpose of advertising, satire or ridicule, or to misrepresent members of Parliament, and (4) your use of the extracts is fair, accurate and not misleading. Copyright in the Official Report of Parliamentary Debates is held by the Attorney-General of South Australia.-->
<hansard id="" tocId="" xml:lang="EN-AU" schemaVersion="1.0" xmlns:xlink="http://www.w3.org/1999/xlink" xmlns:xml="http://www.w3.org/XML/1998/namespace" xmlns:xsi="http://www.w3.org/2007/XMLSchema-instance" xmlns:mml="http://www.w3.org/1998/Math/MathML" xsi:noNamespaceSchemaLocation="hansard_1_0.xsd">
  <name>House of Assembly</name>
  <date date="2020-11-11" />
  <sessionName>Fifty-Fourth Parliament, Second Session (54-2)</sessionName>
  <parliamentNum>54</parliamentNum>
  <sessionNum>2</sessionNum>
  <parliamentName>Parliament of South Australia</parliamentName>
  <house>House of Assembly</house>
  <venue></venue>
  <reviewStage>published</reviewStage>
  <startPage num="3209" />
  <endPage num="3306" />
  <dateModified time="2022-08-06T14:30:00+00:00" />
  <proceeding continued="true">
    <name>Bills</name>
    <subject>
      <name>Retail and Commercial Leases (Designated Anchor Lease) Amendment Bill</name>
      <bills>
        <bill id="r4691">
          <name>Retail and Commercial Leases (Designated Anchor Lease) Amendment Bill</name>
        </bill>
      </bills>
      <page num="3244" />
      <text id="202011114e8dfcd5f07e4f61a0000529">
        <heading>Retail and Commercial Leases (Designated Anchor Lease) Amendment Bill</heading>
      </text>
      <subproceeding>
        <name>Second Reading</name>
        <text id="202011114e8dfcd5f07e4f61a0000530">
          <heading>Second Reading</heading>
        </text>
        <text id="202011114e8dfcd5f07e4f61a0000531">Adjourned debate on second reading.</text>
        <text id="202011114e8dfcd5f07e4f61a0000532">(Continued from 1 July 2020.)</text>
        <talker kind="speech" role="office">
          <name>The Speaker</name>
          <house>House of Assembly</house>
          <text id="202011114e8dfcd5f07e4f61a0000533">
            <by role="office">The SPEAKER:</by>  Members leaving the chamber, do so quietly. The member for Schubert.</text>
        </talker>
        <talker role="member" id="633">
          <name>The Hon. A. KOUTSANTONIS</name>
          <house>House of Assembly</house>
          <text id="202011114e8dfcd5f07e4f61a0000534">
            <by role="member" id="633">The Hon. A. KOUTSANTONIS:</by>  Point of order, sir. The member for Florey was on her feet well before the member for Schubert was.</text>
          <text id="202011114e8dfcd5f07e4f61a0000535">
            <event kind="interjection">Members interjecting:</event>
          </text>
        </talker>
        <talker kind="speech" role="office">
          <name>The Speaker</name>
          <house>House of Assembly</house>
          <text id="202011114e8dfcd5f07e4f61a0000536">
            <by role="office">The SPEAKER:</by>  Order! The member for Schubert has the call.</text>
        </talker>
        <talker role="member" id="4847" kind="speech">
          <name>Mr KNOLL</name>
          <house>House of Assembly</house>
          <electorate id="">Schubert</electorate>
          <startTime time="2020-11-11T16:42:17" />
          <text id="202011114e8dfcd5f07e4f61a0000537">
            <timeStamp time="2020-11-11T16:42:17" />
            <by role="member" id="4847">Mr KNOLL (Schubert) (16:42):</by>  I rise to speak to the Retail and Commercial Leases (Designated Anchor Lease) Amendment Bill and to provide some remarks on this as someone who has had a history of dealing with retail and commercial leases in my previous life.</text>
          <text id="202011114e8dfcd5f07e4f61a0000538">What the bill seeks to do is to essentially provide an obligation upon a landlord to renegotiate rents with specialist tenants in the event that an anchor tenant leaves a centre. I can understand the intent behind the bill. Anchor tenants are very important to help bring foot traffic to any sort of shopping centre, and specialist tenancies do rely on that foot traffic and they use that foot traffic to get people through their own doors.</text>
          <text id="202011114e8dfcd5f07e4f61a0000539">This is a dynamic that exists in shopping centres right across South Australia and a dynamic that exists right across the country and, indeed, in many parts of the Western world. We do know that there is an interesting dynamic that exists between anchor tenants and smaller specialties subtenants. That relationship is interrelated. The anchor tenant needs those smaller specialty shops and those smaller specialty shops need that anchor tenant. As I said, the anchor tenant provides the foot traffic.</text>
          <text id="202011114e8dfcd5f07e4f61a0000540">In terms of making shopping centres work, it is often the case that specialist retailers pay a per square metre rate that is often many times the per square metre rate that an anchor tenant would pay. That speaks to the various power imbalances that exist in the relationship between an anchor tenant, often a major supermarket chain or a major department store chain, the power of the landlord and often the diminished power and influence of the specialist retailer. So I can understand why the bill is being brought here: to try to understand and potentially rebalance the relationship between those various parties.</text>
          <text id="202011114e8dfcd5f07e4f61a0000541">I think this bill is misguided and may, in fact, have unintended consequences in what it seeks to achieve. I understand that what it seeks to achieve is to provide greater power and a greater rebalance towards smaller specialist retailers, but what I think it will end up doing is actually costing smaller specialist retailers more because of the way this amendment bill has been structured.</text>
          <text id="202011114e8dfcd5f07e4f61a0000542">We saw a situation under the former government where they unilaterally changed the rules. I seek leave to continue my remarks.</text>
        </talker>
        <talker kind="speech" role="office">
          <name>The Speaker</name>
          <house>House of Assembly</house>
          <text id="202011114e8dfcd5f07e4f61a0000543">
            <by role="office">The SPEAKER:</by>  Leave follows automatically, member for Schubert.</text>
          <text id="202011114e8dfcd5f07e4f61a0000544">Leave granted; debate adjourned.</text>
        </talker>
      </subproceeding>
    </subject>
  </proceeding>
</hansard>