South Australian Current Acts

RETAIL AND COMMERCIAL LEASES ACT 1995

TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

   1.      Short title
   3.      Interpretation
   4.      Application of Act
   5.      This Act overrides leases
   6.      When the lease is entered into
   6A.     Valuer-General to review prescribed threshold

   PART 2--Administration

   7.      Administration of Act
   9.      Commissioner's functions

   PART 3--Before the lease is entered into

   11.     Copy of lease to be provided to prospective lessee
   12.     Lessee to be given disclosure statement
   13.     Certain obligations to be void
   14.     Lease preparation costs
   15.     Premium prohibited
   16.     Lease documentation
   18.     Warranty of fitness for purpose

   PART 4--Security

   19.     Security bond
   20.     Repayment of security
   20AA.   Return of bank guarantees

   PART 4A--Term of lease and renewal

           Division 1--Preliminary

   20A.    Objects

           Division 2--Initial term of lease

   20B.    Minimum 5 year term

           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

   20I.    Application of this Division
   20J.    Notice to lessee of lessor's intentions at end of lease

           Division 5--General provisions

   20K.    Certified exclusionary clause
   20L.    Premium for renewal or extension prohibited
   20M.    Unlawful threats
   20N.    Exclusion of legal consequences for which express provision is not made

   PART 5--Rent and outgoings

   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

   PART 8--Additional requirements for retail shopping centres

   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

   63.     Responsibility of the Commissioner to arrange for mediation of disputes
   64.     Mediation of disputes
   65.     Stay of proceedings
   66.     Statements made during mediation

           Division 2--Intervention

   67.     Power to intervene

           Division 3--Jurisdiction of the Magistrates Court

   68.     Jurisdiction of the Magistrates Court
   69.     Substantial monetary claims

   PART 10--Retail Leases Fund

   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
           SCHEDULE -Casual Mall Licensing Code
           Legislative history