RETAIL LEASES ACT 1994 - As at 22 November 2023 - Act 46 of 1994
- As at 22 November 2023 - Act 46 of 1994Table of Provisions
PART 1 - PRELIMINARY
Note- 1 Name of Act
- 2 Commencement
- 3 Definitions
- 3A Definition of "outgoings"
- 3B Application of Act to agreements to lease
- 4 Notes
- 5 Certain retail shops excluded from the operation of this Act
- 6 Leases to which Act does not apply
- 6A Application of Act to short-term leases
- 6B Application of Act to retail shops in markets
- 7 This Act overrides leases
- 8 When the lease is entered into
PART 2 - ENTERING INTO A LEASE
- 9 Copy of lease and retail tenancy guide to be provided at negotiation stage
- 10 Right to compensation for pre-lease misrepresentations
- 11 Lessor's disclosure statement
- 11A Lessee's disclosure statement
- 12 Lessee not required to pay undisclosed contributions
- 12A Lessee not required to pay undisclosed outgoings
- 13 Costs before fit-out
- 13A Tenancy fit-out statement or guide
- 14 Key-money and lease preparation expenses prohibited
- 15 Lessee to be provided with executed copy of lease
- 16 Certain leases must be registered
PART 2A - SECURITY BONDS
Division 1 - Preliminary
Division 2 - Deposit of security bonds with Secretary
- 16C Deposit of security bonds with Secretary
- 16D Deposit of existing security bonds with Secretary
- 16E Provisions in leases relating to security bonds
Division 3 - Payment out of security bonds
- 16F Interpretation
- 16G Application for payment
- 16H Payment on application
- 16I Payment after prescribed proceedings
- 16J Excess not payable
- 16K Appeal rights
- 16L Withdrawal of application 16M. (Repealed)
- 16N Miscellaneous provisions
Division 4 - Enforcement provisions
- 16O Receipts to be given for security bonds 16P. (Repealed)
- 16Q Offences and penalty
- 16R Offences by corporations
- 16S Time for commencing proceedings for offences
Division 5 - Accounts
- 16T Accounts
- 16U Retail Leases Security Bonds Trust Account
- 16V Retail Leases Security Bonds Interest Account
- 16W Agents of Secretary
Division 6 - General
- 16WA Arrangements for online delivery of services
- 16X Exemptions
- 16Y Continuous occupation
- 16Z Annual report
- 16ZA Service of notices and other documents on Secretary
- 16ZB Recovery of money
- 16ZC Regulations
PART 3 - RENT AND OUTGOINGS
- 17 Payment of rent when lessor's fitout not completed
- 18 Restrictions on adjustment of base rent 19, 19A. (Repealed)
- 20 Turnover rent
- 21 Special rent--cost of fitout 21A. (Repealed)
- 22 Recovery of outgoings from lessee
- 22A Recovery by lessor of GST
- 23 Capital costs not recoverable from lessee
- 24 Depreciation not recoverable from lessee
- 24A Interest and charges incurred by lessor on borrowings not recoverable from lessee
- 24B Rent and other costs associated with other land not recoverable from lessee
- 25 Sinking fund for major repairs and maintenance
- 25A Limits on sinking funds
- 25B Sinking fund repayment
- 26 Limit on recovery of land tax
- 27 Outgoings estimates
- 28 Outgoings statements
- 28A Non-provision of outgoings estimate or statement
- 29 Adjustment of contributions to outgoings based on actual expenditure properly and reasonably incurred
- 30 Non-specific outgoings contribution limited by ratio of lettable area
- 31 Determination of current market rent
- 31A Information supplied to valuer
- 32 Opportunity for lessee to have current market rent determined early
- 32A Review of current market rent determinations
- 32B Appointment of specialist retail valuers
PART 4 - ALTERATIONS AND OTHER INTERFERENCE WITH THE SHOP
- 33 Lessee to be given notice of alterations and refurbishment
- 34 Lessee to be compensated for disturbance
- 34A Relocation
- 35 Demolition
- 36 Damaged premises
- 37 Employment restriction
- 38 Refurbishment and refitting
PART 5 - ASSIGNMENT AND TERMINATION
- 39 Grounds on which consent to assignment can be withheld
- 40 Key-money on assignment prohibited
- 41 Procedure for obtaining consent to assignment
- 41A Protection of assignor of lease for ongoing business
- 42 Lessor may reserve right to refuse sublease, mortgage
- 43 Application of Conveyancing Act 1919
- 44 Notice to lessee of lessor's intentions at end of lease
- 44A Negotiations for renewal or extension of lease
- 45 Key-money and lease preparation expenses for renewal or extension prohibited
PART 6 - MISCELLANEOUS
PART 7 - ADDITIONAL REQUIREMENTS FOR RETAIL SHOPPING CENTRES
- 49 Part applies only to retail shopping centres
- 50 Confidentiality of turnover information
- 51 Statistical information to be made available to lessee
- 52 Advertising and promotion requirements
- 53 Marketing plan for advertising and promotion
- 54 Six-monthly advertising and promotion expenditure statement to be made available to lessees
- 55 Annual advertising and promotion expenditure statement to be given to lessees
- 55A Non-provision of marketing plan or advertising and promotion statement
- 56 Unexpended advertising and promotion contributions to be carried forward 57. (Repealed)
- 58 Termination for inadequate sales prohibited
- 59 Geographical restrictions
- 60 Tenants association
- 61 Trading hours
- 62 Special provision for strata shopping centres
PART 7A - UNCONSCIONABLE CONDUCT AND MISLEADING OR DECEPTIVE CONDUCT
Division 1 - Unconscionable conduct
Division 2 - Misleading or deceptive conduct
- 62C Interpretation and application of Division
- 62D Misleading or deceptive conduct in connection with retail leases
- 62E Right to compensation
PART 8 - DISPUTE RESOLUTION
Division 1 - Preliminary
- 63 Interpretation
Division 2 - Mediation
- 64 The Registrar
- 65 Functions of Registrar
- 66 Mediation of disputes and other matters
- 67 The nature of mediation
- 68 Disputes and other matters must be submitted to mediation before proceedings can be taken
- 69 Statements made during mediation not admissible
Division 3 - Determination of claims by Civil and Administrative Tribunal
- 70 Definitions
- 71 Lodging of retail tenancy claims with Tribunal
- 71A Lodging of unconscionable conduct claims with Tribunal
- 71B Lodging of claims after 3 years
- 72 Powers of Tribunal relating to retail tenancy claims
- 72AA Powers of Tribunal relating to unconscionable conduct claims
- 72AB Power of Tribunal to order rectification of lease or disclosure statement
- 72A Power of Tribunal to award interest
- 73 Monetary limit on Tribunal's jurisdiction 74. (Repealed)
- 75 Removal of court proceedings to the Tribunal
- 76 Jurisdictional overlap
- 76A Removal of proceedings to Supreme Court 77-77C. (Repealed)
PART 9 - ANCILLARY INTERPRETATION PROVISIONS
- 78 Interpretation based on industry practice
- 78A Meaning of "the Act" in leases
- 79 Leases partly for retail shops and partly for other premises
- 80 Meaning of "renewal" of lease
PART 9A - SYDNEY (KINGSFORD-SMITH) AIRPORT
- 80A Application
- 80B Non-retail premises exempted
- 80C Leases in master concessions over 1,000 square metres exempted
- 80D Exemption from section 34
- 80E Exemption from section 39
- 80F Exemption from section 50
PART 10 - GENERAL
- 81 Extension of term--effect on Real Property Act 1900
- 81A Service of documents and notices
- 82 Exemptions from Act
- 82A Certain transport and rail authorities
- 82B Delegation by Secretary
- 83 Act binds Crown
- 83A Penalty notices
- 84 Proceedings for offences
- 84A Savings and transitional provisions
- 84B Transitional provisions regarding alteration of list of businesses: existing leases
- 84C Transitional provisions regarding additions to list of businesses: shopping centres
- 85 Regulations
- 86 Review of Act