RETAIL LEASES ACT 2003
Table of Provisions
PART 1--PRELIMINARY
PART 2--DEFINITIONS AND KEY CONCEPTS
- 3 Definitions
- 4 Meaning of retail premises
- 5 Minister may make determinations
- 6 Meaning of common areas of a shopping centre
- 7 When retail premises lease is entered into or assigned
- 8 Effect of assignment of retail premises lease
- 9 Meaning of renewal of a lease
- 10 Holding over under a retail premises lease
PART 3--APPLICATION OF THE ACT
- 11 Application generally
- 12 Application if lease term of less than a year
- 13 Act applies to retail premises in Victoria
- 14 Act binds the Crown
PART 4--ENTERING INTO OR RENEWING A RETAIL PREMISES LEASE
Division 1--Entering into a retail premises lease
- 15 Copy of lease to be provided at negotiation stage
- 16 Lease must be in writing and signed
- 17 Provision of landlord's disclosure statement and proposed lease
- 18 Effect of notice of termination
- 19 Notices of termination
- 20 Tenant not required to pay undisclosed contributions
- 21 Minimum 5 year term
- 22 Tenant to be given copy of lease
- 23 Key-money and goodwill payments prohibited
- 24 Security deposits
Division 2--Renewal of a retail premises lease
- 26 Landlord's disclosure on renewal of lease
- 27 Option to renew
- 28 Landlord to give tenant certain information before option to renew lease expires
- 28A Early rent reviews
- 28B Cooling off period—option to renew lease
PART 5--RENT AND OUTGOINGS
Division 1--The fit out of the premises
- 29 Meaning of outgoings to which a tenant contributes
- 30 Alterations to premises to enable fit out
- 31 Payment of rent when landlord's fit out not completed
- 32 Special rent—cost of fit out
Division 2--Determination of the rent
Division 3--Review of the rent
- 35 Rent reviews generally
- 36 Extended application of section 35
- 37 Rent reviews based on current market rent
- 38 Confidentiality of information supplied to valuer
Division 4--Outgoings
- 39 Recovery of outgoings from the tenant
- 40 Liability to contribute to non‑specific outgoings
- 41 Capital costs not recoverable
- 42 Depreciation not recoverable
- 43 Tenant not liable to contribute to sinking fund
- 44 Interest etc. on landlord's borrowings not recoverable
- 45 Rent etc. associated with other land not recoverable
- 46 Estimate of outgoings
- 47 Statement of outgoings
- 48 Adjustment of contributions to outgoings
- 49 Limitation on recovery of management fees
- 50 Recovery of land tax
- 51 Liability for costs associated with lease
- 52 Landlord's liability for repairs
PART 6--REFURBISHMENT, RELOCATION AND OTHER INTERFERENCES WITH TENANCY
Division 1--Refurbishment, relocation etc.
- 53 Landlord to give notice of alterations and refurbishments
- 54 Tenant to be compensated for interference
- 55 Relocation of the tenant's business
- 56 Demolition
- 57 Damaged premises
- 58 Refurbishment and refitting
Division 2--Other interferences with tenancy
PART 7--ASSIGNMENT AND TERMINATION OF A RETAIL PREMISES LEASE
- 60 When the landlord can withhold consent to an assignment
- 61 Procedure for obtaining consent to assignment
- 62 Protection of assignors and guarantors
- 63 Landlord may reserve the right to refuse a sub-lease, mortgage etc.
- 64 Notice of the landlord's intentions concerning renewal
PART 8--ADDITIONAL REQUIREMENTS FOR RETAIL SHOPPING CENTRES
- 65 Part only applies to retail shopping centres
- 66 Changes to core trading hours
- 67 Confidentiality of turnover information
- 68 Availability of statistical information about the retail shopping centre
- 69 Advertising and promotion requirements
- 70 Marketing plan for advertising and promotion
- 71 Statement and report on advertising and promotion expenditure
- 72 Unspent advertising and promotion contributions
- 73 Termination by landlord for inadequate sales prohibited
- 74 Geographical restrictions on tenant prohibited
- 75 Tenants' associations etc.
PART 9--UNCONSCIONABLE CONDUCT
- 76 Application of Part
- 77 Unconscionable conduct of a landlord
- 78 Unconscionable conduct of a tenant
- 79 Certain conduct is not unconscionable
- 80 Recovery of amount for loss or damage
PART 10--DISPUTE RESOLUTION
Division 1--Retail tenancy disputes
- 81 Meaning of retail tenancy dispute
- 82 Application of Part to retail premises
- 83 Part applies to current and former leases
Division 2--Small Business Commission
- 84 Functions of Small Business Commission
Division 3--Alternative dispute resolution
- 85 What mediation and other alternative dispute resolution covers
- 86 Referral of retail tenancy disputes for alternative dispute resolution
- 87 Retail tenancy disputes must first be referred for alternative dispute resolution
- 88 Statements made during alternative dispute resolution not admissible
Division 4--The Tribunal
- 89 Jurisdiction of Tribunal
- 90 Parties to proceeding
- 91 Orders the Tribunal can make
- 92 Each party bears its own costs
PART 11--OTHER MATTERS
- 93 Indemnities
- 94 The Act prevails over retail premises leases, agreements etc.
- 94A Section 146 of the Property Law Act 1958 applies to retail premises leases
- 95 Occupation of residential area under a retail premises lease
- 96 Franchise arrangements
- 97 Service of documents
- 97A Validation of certain instruments
- 98 Limitation of Supreme Court jurisdiction
- 99 Regulations
PART 14--REPEAL OF 1998 ACT AND TRANSITIONAL PROVISIONS
- 118 Repeal of Retail Tenancies Reform Act 1998
- 119 General transitional and savings
- 120 Disclosure statements
- 121 Notification of amount of land tax