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Pop up code of practice extended through the next decade

The Australian Consumer and Competition Commission has given the greenlight to extend the Casual Mall Licensing Code of Practice for another 10 years, which governs how pop-up stores are able to be implemented.

The Shopping Centre Council of Australia and the National Retail Association both welcomed the decision, which is the longest extension given to the code since it was created in 2007.

“The 10-year extension acknowledges the important role pop up retail plays in shopping centres, and celebrates the unified approach of retailers and landlords to enable dynamic and evolving offerings for consumers,” said SCCA executive director Angus Nardi.

Under the code, Australian companies are allowed to rent a space for pop up stores for a maximum of 180 days.

Pop up stores help businesses make additional sales during busy periods, and allow new retailers and start-ups to rent cheaper space at malls before availing long term leases.

“As we emerge from the pandemic, pop ups will continue to play an integral role in allowing start-up businesses to upscale into shopping centres, supporting the continued growth of the Australian retail sector,” said NRA chief executive Dominique Lamb.

Mark Brennan, former Victorian and Australian small business commissioner and independent chairman of the Casual Mall Licensing Code of Practice, said the extension is a significant step for the industry.

“The ACCC’s re-authorisation period of 10 years is a significant step in terms of reducing red tape and a testament to the enduring relevance and structure of the code in ensuring prosperous and fair arrangements for both landlords and retailers,” said Brennan.

“As independent chair, I have watched the committee work productively and effectively in discussing and resolving contemporary issues.”

Brennan chaired the code’s oversight committee since 2017 when it was last authorised. The committee includes representatives from the SCCA, National Retail Association, Pharmacy Guild of Australia, Australian Retailers Association, National Online Retail Association and Restaurant and Caterers Association.

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