Lee Melissa; Clark DavidMELISSA LEE (National): Thank you and I'd like to add to what my colleague Andrew Bayly has actually said. Even though supermarkets in many suburbs exist and actually do sell meats and fruits and vegetables there are many people who prefer to go to the local market or even the fruit and vegetable shop—which are speciality shops—or the butchery because they have had a long-term relationship. I really wonder by just specifying these specific things whether although we're removing the covenants the supermarkets could potentially say This is our territory." and they actually may be able to prevent other smaller shops specific shops that actually do specialities like fruit and vegetable shops the bakery the butchery or even I don't know a local pharmacy from selling these things even without an exclusive covenant to prevent them from being in those shops. I think it's really interesting when you actually dig into it. I wish we had more time at select committee. Having said that I just would like to get back to what the Minister had in fact said because we are wanting to improve competition in the market and hence we are dealing with the covenants of the duopoly which actually restricts certain trade or build which are designed to actually bring about competition perhaps and also an exclusivity covenant within a shopping complex. But the issue we also have is that there are dairies who supply to citizens who may not live close to a supermarket or who may not have the vehicles to actually get to a supermarket and their corner dairy is their supermarket to actually get their daily supplies. But the wholesalers are controlled by the duopoly. It is the company that owns the duopoly supermarket that run the wholesale where the dairies go to shop at. Does this actually fix that issue? I don't think it does. How are we going to do that and will the Minister bring about further changes so we can actually deal with the wholesale of groceries that actually go to citizens that may not necessarily go through the route of the supermarkets?Hon Dr DAVID CLARK (Minister of Commerce and Consumer Affairs): So I'll take those two speakers in the opposite order. To Melissa Lee's question around wholesale: no that is completely outside the scope of this bill. But as I indicated in my prior answer it is in the Commerce Commission's report that we should address wholesale access—and indeed as I signalled in some of my previous answers we've gone beyond the Commerce Commission report's requirement for an open-access regime on good faith and said there's going to be a mandatory backstop. So essentially if the supermarkets don't make good on their promises to open up wholesale access we will help them. To go then to Andrew Bayly's question—littered through the Part 1 the member will see for example in new section 28A(2)(a)(ii) inserted by clause 4 "any other retail store that is likely to compete with a retail grocery store operated by the designated grocery retailer". In new section 28A(2)(aa)(ii): "(B) any other retail store that is likely to compete with a retail grocery store operated by the designated grocery retailer" and so on. That same formula appears at various points through the Act to indicate that it isn't just those that are operating selling eggs bread dairy products fruit vegetables meat fish rice sugar manufactured packaging food and medicine or other prescription products that are excluded from those from having exclusivity. It's a broader thing which is intended to capture anyone in any arrangement that's designed to exclude competition to a grocery retailer. I hope that answers the member's question."