RETAIL AND COMMERCIAL LEASES ACT 1995
Table of Provisions
PART 1--Preliminary
PART 2--Administration
PART 3--Before the lease is entered into
PART 4--Security
- 19 Security bond
- 20 Repayment of security
- 20AA Return of bank guarantees
Division 1--Preliminary
Division 2--Initial term of lease
Division 3--Renewal of shopping centre leases
Subdivision 1--Application of this Division
- 20C Application of Division
Subdivision 2--Rules of conduct at end of term
- 20D Preference to be accorded to existing lessee
- 20E Implementation of preferential right
- 20F Notice of absence of right of preference
- 20G Consequences of failing to begin negotiations or give notice
Subdivision 3--Remedies for non-compliance with rules
- 20H Failure to comply with rules
Division 4--Other cases
Division 5--General provisions
- 21 Payment of rent when lessor's fitout not completed
- 22 Restrictions on adjustment of base rent
- 23 Reviews to current market rent
- 24 Turnover rent
- 26 Recovery of outgoings from lessee
- 29 Sinking fund for major repairs and maintenance
- 30 Land tax not to be recovered from lessee
- 31 Estimates and explanations of outgoings to be provided by lessor
- 32 Lessor to provide auditor's report on outgoings
- 33 Adjustment of contributions to outgoings based on actual expenditure properly and reasonably incurred
- 34 Non-specific outgoings contribution limited by ratio of lettable area
- 35 Determination of current market rent under options to renew
- 36 Opportunity for lessee to have current market rent determined early
PART 6--Alterations and other interference with the shop
- 37 Lessee to be given notice of alterations and refurbishment
- 38 Lessee to be compensated for disruption etc
- 39 Demolition
- 40 Damaged premises
- 41 Employment restriction
PART 7--Assignment and termination
- 43 Grounds on which consent to assignment can be withheld
- 44 Premium on assignment prohibited
- 45 Procedure for obtaining consent to assignment
- 45A Liability of lessee following assignment of lease
- 46 Lessor may reserve right to refuse sublease, mortgage
- 50 Part applies only to retail shopping centres
- 51 Confidentiality of turnover information
- 52 Statistical information to be made available to lessee
- 53 Advertising and promotion requirements
- 54 Marketing plan for advertising and promotion
- 55 Lessor to provide auditor's report on advertising and promotion expenditure
- 56 Unexpended advertising and promotion contributions to be carried forward
- 57 Relocation
- 58 Termination for inadequate sales prohibited
- 59 Geographical restrictions
- 60 Associations representing lessees
- 61 Trading hours
- 62 Special provision for strata and community shopping centres
- 62A Casual Mall Licensing Code
PART 9--Dispute resolution
Division 1--Mediation
Division 2--Intervention
- 70 The Fund
- 71 Application of income
- 72 Accounts and audit
PART 11--Retail Shop Leases Advisory Committee
- 73 Advisory Committee
- 74 Functions of Advisory Committee
PART 12--Miscellaneous
- 75 Vexatious acts
- 76 Abandoned goods
- 77 Exemptions
- 78 Annual reports
- 79 Time for prosecutions
- 80 Regulations
- 81 Amendment of the Landlord and Tenant Act
