Footnotes
Chapter 1 - Introduction and overview of the bill
[1] The committee stated that the bill
was referred to the Economics Legislation Committee
'to scrutinise potential impacts of the legislation and concerns raised during
the consultation process to date'. Selection of Bills Committee, Report No.
9 of 2015, 12 August 2015, Appendix 1.
[2] Explanatory
Memorandum, paragraph 3.9.
[3] Item
14, substituting s 12BL(1).
[4] Item 14,
substituting s 12BL(2).
[5] Explanatory
Memorandum, paragraph 3.171.
[6] Explanatory
Memorandum, paragraph 3.168.
[7] Scrutiny
of Bills Committee, Alert Digest No.7 of 2015, p. 53, https://www.aph.gov.au/~/media/Committees/Senate/committee/scrutiny/alerts/2015/pdf/d07.pdf?la=en
(accessed 3 September 2015).
[8] Parliamentary
Joint Committee on Human Rights, Examination of legislation in accordance
with the Human Rights (Parliamentary Scrutiny) Act 2011: Twenty-fifth Report of
the 44th Parliament, August 2015, p. 2 https://www.aph.gov.au/~/media/Committees/Senate/committee/humanrights_ctte/reports/2015/25_44/25th%20report.pdf?la=en
(accessed 17 August 2015).
[9] Cited
in SME Business Law Committee, Law Council of Australia, Submission 5,
p. 2; Spier Consulting, Submission 4, p. 1
[10] Explanatory
Memorandum, paragraph 3.7.
[11] Explanatory
Memorandum, paragraph 3.12.
[12] Explanatory
Memorandum, paragraphs 3.183–3.184.
[13] Explanatory
Memorandum, paragraphs 3.187.
Chapter 2 - Views on the proposed changes
[1] Franchise
Council of Australia, Submission 7, p. 2.
[2] Housing
Industry Association, Submission 16, p. 3.
[3] Retail
Council, Submission 26, p. 1.
[4] Shopping
Centre Council of Australia, Submission 9, p. 2.
[5] Independent
Contractors Australia, Submission 2, p. 1; Proof Committee Hansard,
3 September 2015, p.4, (Mr Ken Phillips).
[6] Combined
Small Business Alliance of Western Australia, Submission 18, p. 1.
[7] Council of
Small Business Australia, Submission 21, p. 1.
[8] ASIC
Act, s. 12BG(1)(a)–(c); ACL, s. 24(1)(a)–(c).
[9] ASIC
Act, s. 12BG(2); ACL, s. 24(2).
[10] ASIC Act, s.
12BI(1); ACL, s. 26.
[11] Credit
& Investments Ombudsman, Submission 3, p. 2.
[12] Explanatory
Memorandum, paragraph 3.10.
[13] Motor Trades
Association Queensland, Submission 8, p. 1.
[14] Motor
Trades Association Queensland, Submission 8, p. 1.
[15] Explanatory
Memorandum, paragraph 3.10.
[16] Motor
Trades Association Queensland, Submission 8, p. 1.
[17] Business
Council of Australia, Submission 11, pp. 2, 4.
[18] Housing
Industry Association, Submission 16, p. 10.
[19] Explanatory
Memorandum, paragraph 3.127.
[20] Australian
Small Business Commissioner, Submission 24, p. 1; SME Business Law
Committee, Law Council of Australia, Submission 5, p. 3;
Spier Consulting, Submission 4, p. 3;
[21] South
Australian Small Business Commissioner, Submission 23, p. 1.
[22] Australian
Finance Conference, Submission 28, p. 2.
[23] Explanatory
Memorandum, paragraph 1.28; 2.28
[24] Victorian
Small Business Commissioner, Submission 25, p. 1.
[25] Victorian
Small Business Commissioner, Submission 25, p. 1.
[26] Victorian
Small Business Commissioner, Submission 25, p. 1.
[27] South
Australian Small Business Commissioner, Submission 23, p. 1.
[28] Shopping
Centre Council of Australia, Submission 9, p. 8.
[29] Queensland
Law Society, Submission 27, p. 1.
[30] Insurance
Council of Australia, Submission 22, p. 2.
[31] Arnold
Bloch Leibler, Submission 13, Attachment A, p. 3.
[32] Victorian
Small Business Commissioner, Submission 25, p. 2.
[33] Shopping
Centre Council of Australia, Submission 9, pp. 8–9, Recommendation 4.2.
[34] Proof
Committee Hansard, 3 September 2015, p. 11 (Stephen Giles); Queensland Law
Society, Submission 27 Attachment 1, p. 3.
[35] Australian
Finance Conference, Submission 28, p. 2.
[36] See
the Shopping Centre Council of Australia, Submission 9, p. 8; Federal
Chamber of Automotive Industries, Submission 17, p. 1; SME Business Law
Committee, Law Council of Australia, Submission 5, p. 7; Business
Council of Australia, Submission 11, p. 7; Spier Consulting, Submission
4, p. 7; Australian Bankers' Association, Submission 14, p. 2.
[37] Queensland
Law Society, Submission 27, p. 1.
[38] Shopping
Centre Council of Australia, Submission 9, p. 8.
[39] Shopping
Centre Council of Australia, Submission 9, p. 8.
[40] Shopping
Centre Council of Australia, Submission 9, p. 8.
[41] Arnold
Bloch Leibler, Submission 13, p. 2.
[42] Arnold
Bloch Leibler, Submission 13, Attachment A, p. 4.
[43] Victorian
Small Business Commissioner, Submission 25, p. 2.
[44] Business
Council of Australia, Submission 11, p. 7.
[45] Housing
Industry Association, Submission 16, p. 7.
[46] Housing Industry
Association, Submission 16, p. 12.
[47] Australian
Bankers' Association, Submission 14, p. 2.
[48] Australian
Bankers' Association, Submission 14, p. 4.
[49] Spier
Consulting, Submission 4, p. 2.
[50] Queensland
Law Society, Submission 27 Attachment 1, p. 2.
[51] Queensland
Law Society, Submission 27, p. 1.
[52] Explanatory
Memorandum, paragraph 3.133.
[53] Independent
Contractors Australia, Submission 2, p. 3.
[54] Victorian
Small Business Commissioner, Submission 25, p. 2.
[55] Victorian
Small Business Commissioner, Submission 25, p. 2.
[56] Explanatory
Memorandum, paragraph 1.13.
[57] Queensland
Law Society, Submission 27 Attachment 1, p. 2.
[58] Tasmanian
Small Business Council, Submission 12, p. 1.
[59] South
Australian Small Business Commissioner, Submission 23, p. 1.
[60] South
Australian Small Business Commissioner, Submission 23, p. 2.
[61] South
Australian Small Business Commissioner, Submission 23, p. 2.
[62] Independent
Contractors Australia, Submission 2, p. 5.
[63] Australian
Newsagents' Federation Ltd, Submission 10, p. 2.
[64] Independent
Contractors Australia, Submission 2, p. 1 (emphasis in original).
[65] Independent
Contractors Australia, Submission 2, p. 1.
[66] Independent
Contractors Australia, Submission 2, p. 1; Proof Committee Hansard,
3 September 2015, p. 1, (Mr Norman Lacy).
[67] SME
Business Law Committee, Law Council of Australia, Submission 5, p. 3.
See also Australian Newsagents' Federation Ltd, Submission 10, p. 3.
[68] Explanatory
Memorandum, paragraphs 3.33–3.34.
[69] Tasmanian
Small Business Council, Submission 12, p. 2.
[70] Council
of Small Business Australia, Submission 21, p. 1.
[71] Spier
Consulting, Submission 4, p. 2.
[72] SME
Business Law Committee, Law Council of Australia, Submission 5, pp. 4–5.
[73] Direct
Selling Association of Australia, Submission 1, p. 2.
[74] Independent
Contractors Australia, Submission 2, p 8.
[75] Australian
Newsagents Federation, Submission 10, p. 5.
[76] HIA,
Submission 16, p. 12.
[77] SME
Business Law Committee, Law Council of Australia, Submission 5, p. 3;
Spier Consulting, Submission 4, p. 3.
[78] Shopping
Centre Council of Australia, Submission 9, p. 8.
[79] Proof
Committee Hansard, 3 September 2015, p. 7.
[80] Business
Council of Australia, Submission 11, p 6.
[81] National
Retail Association, Submission 20, p. 3.
[82] Independent
Contractors Australia, Submission 2, p. 10.
[83] Australian
Newsagents' Federation Ltd, Submission 10, p. 4 (emphasis in original).
[84] South
Australian Small Business Commissioner, Submission 23, p. 2.
[85] Australian
Newsagents Federation, Submission 10, p. 6.
[86] Explanatory
Memorandum, paragraphs 1.23–1.24.
[87] Competition
and Consumer Committee, Law Council of Australia, Submission 6, p. 2.
[88] Queensland
Law Society, Submission 27, p. 2.
[89] Telstra,
Submission 19, p. 1.
[90] Telstra,
Submission 19, p. 1.
[91] Federal
Chamber of Automotive Industries, Submission 17, p. 1.
[92] Federal
Chamber of Automotive Industries, Submission 17, p. 2.
[93] Proof
Committee Hansard, 3 September 2015, p. 10.
[94] Proof
Committee Hansard, 3 September 2015, p. 11.
[95] Retail
Council, Submission 26, p. 2.
[96] Retail
Council, Submission 26, p. 2.
[97] Retail
Council, Submission 26, p. 2.
[98] Commonwealth,
Parliamentary Debates, House of Representatives, 18 August 2015, 57 (Senator
the Hon Nigel Scullion).
[99] Explanatory
Memorandum, paragraph 3.9.
[100] Item
14, substituting s 12BL(3)(a) into the ASIC Act; item 23, inserting s
139G(2A)(a) into the ACL.
[101] Shopping
Centre Council of Australia, Submission 9, p. 1, 6.
[102] Shopping
Centre Council of Australia, Submission 9, p. 6 (emphasis in original).
[103] Shopping
Centre Council of Australia, Submission 9, p. 7.
[104] Business
Council of Australia, Submission 11, p. 5.
[105] Telstra,
Submission 19, p. 2.
[106] Direct
Selling Association of Australia, Submission 1, p. 2.
[107] Item
14, substituting s 12BL(2) into the ASIC Act; item 40, inserting (4) at the end
of s. 28 of Schedule 2 into the ACL.
[108] Shopping
Centre Council of Australia, Submission 9, p. 7.
[109] Shopping
Centre Council of Australia, Submission 9, p. 7.
[110] Proof
Committee Hansard, 3 September 2015, p. 6.
[111] Proof
Committee Hansard, 3 September 2015, p. 6.
[112] Australian
Newsagents Federation, Submission 10, p. 8.
[113] SME
Business Law Committee, Law Council of Australia, Submission 5, p. 7.
[114] Explanatory
Memorandum, paragraph 3.238.
[115] Direct
Selling Association of Australia, Submission 1, p. 2; Franchise Council
of Australia, Submission 7, p. 5.
[116] Insurance
Council of Australia, Submission 22, p. 1.
[117] Explanatory
Memorandum, paragraph 3.240.
[118] Housing
Industry Association, Submission 16, p. 14.
[119] Competition
and Consumer Committee, Law Council of Australia, Submission 6, p. 7.
[120] Direct
Selling Association of Australia, Submission 1, p. 1.
[121] Business
Council of Australia, Submission 11, p. 3.
[122] Business
Council of Australia, Submission 11, p. 4.
[123] Shopping
Centre Council of Australia, Submission 9, p. 12.
[124] Housing
Industry Association, Submission 16, p. 13.
[125] Arnold
Bloch Liebler, Submission 13, p. 2.
[126] Arnold
Bloch Liebler, Submission 13, p. 2.
[127] Australian
Automotive Dealer Association, Submission 15, p. 1.
[128] Shopping
Centre Council of Australia, Submission 9, p. 10.
[129] Franchise
Council of Australia, Submission 7, p. 9.
[130] Shopping
Centre Council of Australia, Submission 9, p. 10.
[131] Franchise
Council of Australia, Submission 7, p. 8.
[132] Franchise
Council of Australia, Submission 7, p. 3.
[133] Shopping
Centre Council of Australia, Submission 9, p. 11.
[134] Housing
Industry Association, Submission 16, p. 10.
[135] Queensland
Law Society, Submission 27, p. 1.
[136] Item
2(1).
[137] Australian
Bankers' Association, Submission 14, p. 2; Australian Finance
Conference, Submission 28, p. 3.
[138] Insurance
Council of Australia, Submission 22, p. 3.
[139] Australian
Newsagents Federation, Submission 10, p. 8.
[140] Business
Council of Australia, Submission 11, p. 3.
[141] Motor
Trades Association Queensland, Submission 8, p. 2.