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House of Assembly - Fifty-Second Parliament, First Session (52-1)
2010-11-24 Daily Xml
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SMALL BUSINESS

Mr PICCOLO (Light) (14:40): My question is to the Minister for Small Business. Can the minister update the house on the progress of the government's plans to establish a small business commissioner and reform the franchising sector?

The Hon. A. KOUTSANTONIS (West Torrens—Minister for Industry and Trade, Minister for Small Business, Minister for Correctional Services, Minister for Gambling) (14:41): I acknowledge the member for Light's keen commitment in this area and, of course, his work. On 1 October this year, I announced plans to draft legislation to establish a small business commissioner. The small business commissioner will have various functions including:

receiving and investigating complaints by small businesses regarding unfair market practices;

mediating between parties; and

mediating retail tenancy disputes between small businesses and landlords.

The model for the small business commissioner will be based on the model that has been very successful in Victoria. The draft bill is currently progressing and the government expects to have it available for public consultation and comment early in the new year.

I can advise the house today that a specialist steering committee has been established to guide the set-up of the office of small business, and the commissioning of a small business commissioner, and also to advise on the best possible framework for the new franchising legislation currently being drafted. The small business commissioner steering committee will be responsible for providing the governance framework for the commissioner.

The committee will include senior government officials from agencies directly involved in matters that affect small businesses on a daily basis. I can also advise the house that one of Australia's leading experts on consumer and franchise law, Associate Professor Frank Zumbo of the University of New South Wales, will provide advice to the steering committee on the structure of the commissioner's office, its objectives and key components of the franchising legislation.

Associate Professor Zumbo has been at the forefront of business and franchising law reform for almost 20 years, and his experience will be instrumental in ensuring the steering committee addresses the key issues of concern facing small business operators and franchisees as the legislation is drafted. Associate Professor Zumbo joined the School of Business Law and Taxation in 1991. His research and professional activities are focused on competition and fair trading law, franchising and business ethics. He is a member of the Trade Practices Committee of the Law Council of Australia. He has served in an expert capacity on two Australian federal government-appointed committees established to advise on codes of conduct within franchising and retail grocery sectors.

Associate Professor Zumbo has also served on an international study group of franchising experts convened by UNIDROIT (the Rome-based International Institute for the Unification of Private Law) to draft a model franchise disclosure law aimed at facilitating uniformity in international franchising regulation. Throughout his career, Associate Professor Zumbo has been closely involved in promoting effective laws against unethical corporate behaviour, ensuring Australia has the best possible competition, consumer and franchising laws, and we welcome his expertise and advice to the small business commissioner steering committee.

This reform again shows that the Rann government is best equipped to manage the state's small business sector and economy and retain our AAA credit rating. This government has created 115,000 additional jobs since coming to office and is committed to creating an additional 100,000 jobs by 2016.

I am confident that the bill to draft the small business reform will be ready for public consultation early in the new year, and I look forward to debating this very important legislation in this house when we reconvene. I also welcome the support of the shadow minister during estimates committee when he signalled his personal support for these reforms. Again, I take the opportunity to acknowledge the member for Light who has worked tirelessly to keep this issue on the government's agenda, and I am sure that small business owners, not only in the electorate of Light but also across the state, are very grateful for his work.

Mr GRIFFITHS: Point of order, Madam Speaker: I hate to say it, but I am not sure whether the minister is slightly misrepresenting some comments I might have made in estimates. We certainly talked about his flagging an intention to appoint a commissioner, but I wanted to see things first before I indicated what my position was.

The SPEAKER: Member for Goyder, you can seek leave to make a personal explanation at the end of question time. I am sure that the minister is about to round up his answer.

The Hon. A. KOUTSANTONIS: I am. I wish to apologise to the member for Goyder. He is a decent man. He did say that he supported it in principle, and I am sorry if in any way I have verballed him, so I am sorry about that. I understand. He did qualify his advice—

The SPEAKER: Order! There is a point of order. The member for MacKillop.

Mr WILLIAMS: There is no relevance to the question asked with what the minister is going on with now.

The SPEAKER: I think he is responding to the previous point of order. Minister, can you wind up your answer, please.

The Hon. A. KOUTSANTONIS: In addition to the member for Light, I would also like to thank the members for Enfield, Mawson, Kavel, Goyder and MacKillop for their hard work when they served with me on the Economic and Finance Committee when we inquired into franchising and produced a report in 2008. That is the driving force behind this reform, and I remind members opposite that it was unanimous.

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