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Standing Committee on Industry, Science and Resources

Committee activities (inquiries and reports)

Finding a Balance: Towards Fair Trading in Australia

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Covering documents (PDF format)

    This includes the terms of reference of the inquiry, the membership of the Committee, the foreword to the report by the Committee Chair, the Hon Bruce Reid, MP, the table of contents of the report, and a list of abbreviations used in the report.  
Recommendations (PDF format)
    All the recommendations made in the report with cross references to the paragraph numbers where the recommendations are located in the body of the report. The first part of the paragraph number indicates the chapter number.

Chapter 1: Introduction (PDF format)

    Business conduct issues
    Small business in Australia
    Social and economic implications
    Options and strategies to address business conduct issues
     

Chapter 2: Retail tenancy (PDF format)

    Introduction
    Specific business conduct issues
    Future retail property development
    Conclusions on retail tenancy
     

Chapter 3: Franchising (PDF format)

    Introduction
    Franchising in general
    Motor vehicle dealerships
    Petroleum distribution
    Regulation of franchising
     

Chapter 4: Misuse of market power (PDF format)

    Abuse of power by customers, suppliers and competitors
    Price discrimination
    Predatory pricing
    Exercise of market power
    Legislative protection against the misuse of market power
     

Chapter 5: Small business finance (PDF format)

    Introduction
    Major categories of disputes with banks
    Existing legislative protection
     

Chapter 6: Legislative protection against unfair conduct (PDF format)

    Common features of unfair conduct
    The concept of 'unconscionable conduct'
    Existing unconscionability provisions of the Trade Practices Act
    Concerns which have inhibited earlier action
    Relevant Australian experience
    Relevant overseas experience
    Options
     

Chapter 7: Access to justice and education (PDF format)

    Introduction
    Alternative dispute resolution
    Education
     

Minority report (PDF format)

    Minority report presented by Mr A Morris, MP

 
Appendices (PDF format)

    This includes information about the conduct of the inquiry, the submissions and exhibits received by the Committee, the names of witnesses who appeared at public hearings, previous reports dealing with unfair business conduct, State retail tenancy legislation in Australia, and the unconscionable conduct provisions of the Trade Practices Act 1974

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