RETAIL SHOP LEASES ACT 1994 - As at 1 March 2023 - Act 47 of 1994
RETAIL SHOP LEASES ACT 1994
- As at 1 March 2023
- Act 47 of 1994
TABLE OF PROVISIONS
Long Title
PART 1 - PRELIMINARY
1. Short title
PART 2 - OBJECT OF ACT AND ITS ACHIEVEMENT
3. Object of Act
4. How main object of Act to be achieved
PART 3 - INTERPRETATION
Division 1 - Standard definitions
5. Definitions
Division 2 - Key concepts
5A. Meaning of retail shop lease
5B. Meaning of retail shop
5C. Meaning of retail business
5D. Meaning of retail shopping centre
6. Meaning of common areas
7. Meaning of outgoings
9. Meaning of turnover
Division 3 - Notes
9A. Notes in text
PART 4 - OPERATION OF ACT AND FORMER ACT
Division 1 - General application of Act and former Act
10. Act binds all persons
11. Application of Act—when lease entered into
12. Application of Act—where lease entered into
13. Application of Act to leases—general
14. Application of Act—if premises become or cease to be a retail shop after commencement of lease
Division 2 - Relationship of Act to retail shop leases
15. Act’s provisions implied in leases
16. Contracting out of Act prohibited
17. Act prevails over inconsistent leases
Division 3 - Particular retail shop leases
18. Definition for div 3
19. Application of Act and former Act to former Act leases
20. Application of Act, s 27—timing and bases of rent reviews
20A. Application of Act to short term retail shop leases
20B. Application of Act to particular government leases
20C. Application of Act to leases of service stations
PART 5 - PRELIMINARY DISCLOSURES ABOUT LEASES
Division 1 - Preliminary
21. Application of pt 5
Division 2 - Disclosure for entering into or renewing lease
21A. Application of div 2
21B. Lessor’s disclosure obligation to prospective lessee
21C. Sublessor’s disclosure obligation to sublessee
21D. Franchisor’s disclosure obligation to franchisee
21E. Lessor’s disclosure obligation to lessee for renewal
21F. Lessor’s failure to comply with disclosure obligation
22. Lessor to give lessee the lease document or a certified copy of lease
22A. Prospective lessee’s disclosure obligation to lessor
Division 3 - Disclosure for entering into assignment of lease
22AA. Application of div 3
22B. Assignor’s and prospective assignee’s disclosure obligations to each other
22C. Lessor’s and prospective assignee’s disclosure obligations to each other
Division 4 - General provisions
22D. Financial and legal advice reports
22E. Effect of failure to comply with sections 22A–22D
23. (Repealed)
PART 6 - MINIMUM LEASE STANDARDS
Division 1 - Preliminary
24. Lessee’s obligations to make particular payments
24A. GST payments
Division 2 - Turnover rent
25. Requirements if rent a percentage of turnover
Division 3 - Confidentiality of turnover information
26. Lessor not to disclose turnover information
Division 4 - Rent review
Subdivision 1 - Timing and bases of rent reviews
27. Timing and bases of rent reviews
Subdivision 2 - Current market rent
27A. Lessee may require early determination of current market rent
28. Rent review on basis of current market rent
28A. Parties’ submissions to specialist retail valuer
29. Matters to be considered by specialist retail valuers
30. Valuer may require information from lessor
31. Requirements of determination
32. Valuer to give determination to lessor and lessee
33. Effect of determination
34. Parties to share cost of determination
35. Confidentiality of lease information
Subdivision 3 - Other provisions about rent review
36. Certain rent review provisions of leases void
36A. Ratchet rent provision void
Division 5 - Lessor’s outgoings and other payments
36B. Definitions for div 5
37. Lessee’s liability to pay amount for outgoings
37A. (Repealed)
38. Lessee’s liability to pay proportion of lessor’s apportionable outgoings
38A. Annual estimate of apportionable outgoings
38B. Audited annual statement of outgoings
38C. Lessor does not give outgoings estimate or audited annual statement
39. Payment of key money and amount for goodwill prohibited
Division 6 - Other payments for retail shops
40. Sinking fund for major maintenance and repairs
40A. Marketing plan for promotion and advertising
41. Promotion and advertising
Division 7 - Implied provisions for compensation
41A. Definition for div 7
42. Compensation provisions implied in particular leases
43. When compensation is payable by lessor—business disturbance
43AA. When compensation is payable by lessor—false or misleading statements etc.
43AB. No liability for compensation—emergency responses and statutory compliance
43AC. No liability for compensation—trading hours
43AD. Lessor’s liability for relocation or demolition
43A. When compensation is payable by other parties
44. Amount of compensation
44A. Limitation of compensation amount
Division 8 - Lease dealings
45. Lessee’s right to deal with lease and business assets
46. Lessor’s notice about when option to renew or extend must be exercised
46AA. Renewing lease if no option or other agreement
Division 8A - Provisions about unconscionable conduct
46AB. Application of div 8A
46A. Unconscionable conduct
46B. Matters QCAT may consider in deciding if a party’s conduct is unconscionable
Division 9 - General
Subdivision 1 - Relocating lessee’s business
46C. Requirements for relocation of lessee’s business
46D. Lessor’s relocation notices
46E. Termination notice by lessee or deemed acceptance
46F. Terms and conditions of new lease
46G. Lessee’s entitlement to relocation costs
Subdivision 2 - Demolishing building in which lessee’s business is situated
46H. Provisions implied in retail shop lease
46I. How lessor terminates the lease
46J. Termination by lessee
46K. Compensation payable by lessor
Subdivision 3 - Other general provisions
47. Lessee’s right to independent legal advice
48. Liability for costs associated with lease
49. Lessee’s right to join or form commercial associations
50. Retail tenancy disputes between lessors and lessees about assignments of leases
50A. Release of assignor and any guarantor from lease
50B. Refurbishment and refitting
PART 7 - RETAIL SHOP LEASE TRADING HOURS
51. Definitions
52. Requirements for resolution
53. Trading hours
53A. Outgoings for trading outside core trading hours
PART 8 - RETAIL TENANCY DISPUTE RESOLUTION
Division 1 - Preliminary
54. Parties’ rights under this part preserved
Division 2 - Mediation of retail tenancy disputes
55. Lodgement of retail tenancy disputes
56. Commissioner to act on dispute notice
56A. Person may apply to be joined as a party
57. Limited right of representation
58. Conference to be held in private
59. Parties attendance at conference not compellable
60. Mediator may allow interested person to take part in mediation conference
61. Mediation agreements
61A. Notifying outcome of mediation
62. No official record of mediation conference
Division 3 - Reference of retail tenancy disputes and applications to QCAT
63. Reference of dispute—by mediator
64. Application to QCAT—by party
65. (Repealed)
66. (Repealed)
66A. (Repealed)
67. (Repealed)
68. (Repealed)
69. (Repealed)
70. (Repealed)
70A. (Repealed)
71. (Repealed)
72. (Repealed)
73. (Repealed)
74. (Repealed)
75. (Repealed)
76. (Repealed)
77. (Repealed)
78. (Repealed)
79. (Repealed)
80. (Repealed)
81. (Repealed)
82. (Repealed)
82A. (Repealed)
Division 4 - Provision about QCAT orders
83. QCAT orders
84. (Repealed)
85. (Repealed)
86. (Repealed)
87. (Repealed)
87A. (Repealed)
88. (Repealed)
88A. (Repealed)
89. (Repealed)
90. (Repealed)
Division 5 - General
91. Withdrawal of disputes
91A. (Repealed)
92. (Repealed)
93. (Repealed)
94. Exclusion of other jurisdictions
Division 6 - (Repealed)
Division 7 - (Repealed)
PART 9 - ADMINISTRATION
Division 1 - Mediators
95. Mediators
96. Mediators’ function
97. Mediators’ jurisdiction
98. Resignation
99. (Repealed)
100. Removal from office
101. Annual reports
Division 2 - Provisions for QCAT proceedings
102. Constitution of QCAT
103. QCAT’s jurisdiction
104. (Repealed)
105. (Repealed)
106. (Repealed)
107. (Repealed)
108. (Repealed)
109. (Repealed)
110. (Repealed)
111. (Repealed)
112. (Repealed)
Division 3 - Confidentiality, privilege and immunity
113. Mediators and former tribunal members to maintain secrecy
114. Ordinary protection and immunity allowed
115. Admissions made during mediation conference
Division 4 - (Repealed)
PART 10 - MISCELLANEOUS
118. Delegations
119. Approval of forms
120. Evidentiary provisions
121. Regulation-making power
122. Review of Act
PART 12 - TRANSITIONAL PROVISIONS
Division 1 - Provision for Act No. 4 of 2006
123. (Repealed)
124. (Repealed)
125. (Repealed)
126. (Repealed)
127. (Repealed)
128. (Repealed)
129. Application of Act
130. (Repealed)
131. (Repealed)
132. (Repealed)
133. (Repealed)
Division 2 - Provision for Criminal Code and Other Legislation Amendment Act 2011
134. Transitional provision for s 36A
135. Transitional provision for amendment of ss 43 and 44
Division 3 - Provisions for Retail Shop Leases Amendment Act 2016
136. Definitions for div 3
137. Proposed retail shop leases before commencement—when lease entered into
139. Proposed retail shop leases before commencement—lessor’s disclosure obligation
140. Proposed retail shop leases before commencement—prospective lessee’s disclosure obligation
141. Proposed assignment of retail shop leases before commencement—assignor’s disclosure obligation to prospective assignee
143. Timing and bases of rent reviews of proposed retail shop leases—major lessees
144. Early determination of current market rent of proposed retail shop leases—major lessees
145. Current market rent determinations of specialist retail valuers agreed to or nominated before commencement
146. Certain rent review provisions and ratchet rent provisions—major lessee
147. Annual estimate of apportionable outgoings
148. Marketing plans for promotion and advertising
149. Termination by lessee
150. Lessee’s liability for costs associated with preparation of lease before commencement
151. Release of assignor for particular assignments of leases
152. Particular leases in a retail shopping centre
153. (Expired)
Division 4 - Provision for Court and Civil Legislation Amendment Act 2017
154. Particular leases continue to be retail shop leases
Division 5 - Transitional provision for Justice and Other Legislation Amendment Act 2020
155. Existing mediators
Division 6 - Transitional provisions for Small Business Commissioner Act 2022
156. Existing mediators
157. Existing dispute resolution proceedings
SCHEDULE - Dictionary
