Tasmanian Numbered Acts

RETAIL LEASES ACT 2022 (NO. 39 OF 2022)

- Act 39 of 2022
- Royal Assent 14 December 2022

TABLE OF PROVISIONS

           Long Title

   PART 1 - Preliminary

   1.      Short title
   2.      Commencement
   3.      Objects of Act
   4.      Act binds Crown
   5.      Effects of Act on common law
   6.      Interpretation
   7.      When retail leases entered into or assigned

   PART 2 - Application of Act

   8.      Leases to which this Act does not apply
   9.      Leases to which Act applies
   10.     Act applies to all retail premises in Tasmania
   11.     Act’s provisions implied in retail leases
   12.     Contracting out of Act prohibited
   13.     Act prevails over inconsistent retail leases

   PART 3 - Administration of Act

   14.     Administration
   15.     Functions and powers of Director
   16.     Determinations by Director
   17.     Determinations of time periods
   18.     Determinations of codes of practice
   19.     Determinations of terms and conditions of retail leases
   20.     Delegations by Director

   PART 4 - Entering into Retail Leases

           Division 1 - Rights and duties before retail leases entered into

   21.     Retail leases guide
   22.     Tenants to be given copy of retail leases
   23.     Landlord’s disclosure statements
   24.     Tenants to be given copy of landlord’s disclosure statements and landlords to be given copy of tenant’s disclosure statements
   25.     Landlord’s disclosure statements and renewals of retail leases
   26.     Failure of landlords to give landlord’s disclosure statements to tenants
   27.     Right to compensation for pre-lease misrepresentations
   28.     Retail lease costs

           Division 2 - Security deposits

   29.     Security deposits
   30.     Release of security deposits

           Division 3 - Entering into retail leases

   31.     Retail leases to be in writing and signed
   32.     Tenants to be given copy of retail leases
   33.     Tenants not required to pay undisclosed contributions
   34.     Key-money prohibited

           Division 4 - Outgoings

   35.     Recovery of outgoings from tenants
   36.     Estimates of outgoings and statements of outgoings
   37.     Audit of outgoings reports
   38.     Adjustment of contributions to outgoings

   PART 5 - Rent

   39.     When rent is payable
   40.     GST payments
   41.     Basis or formula used to calculate rent
   42.     Timing and basis of rent reviews
   43.     Meaning of current market rent
   44.     Review of valuations of market rent
   45.     Exercise of options to renew retail leases
   46.     Meaning of turnover rent
   47.     Meaning of special rent
   48.     Meaning of base rent

   PART 6 - Alterations, Refurbishment, Relocation and Other Interferences

   49.     Tenants to be given notice of alterations and refurbishments
   50.     Compensation
   51.     Tenants to be compensated for damage to retail premises
   52.     Relocation of retail premises
   53.     Geographical restrictions
   54.     Associations representing tenants
   55.     Employment restrictions
   56.     Indemnities

   PART 7 - Assignments

   57.     Tenants may request landlord’s consent to assign retail lease
   58.     When landlords can withhold consent to assignments
   59.     Protection of assignors

   PART 8 - Renewal and Termination of Retail Leases

   60.     Renewal of retail leases
   61.     Notice of landlord’s intentions at end of retail leases
   62.     Termination or expiry of retail leases

   PART 9 - Retail Shopping Centres – Additional Requirements

   63.     Part applies only to retail shopping centres
   64.     Core trading hours
   65.     Advertising, promotion or marketing requirements
   66.     Termination for inadequate sales prohibited

   PART 10 - Unconscionable, Misleading or Deceptive Conduct

   67.     Determination of claims of unconscionable conduct
   68.     Unconscionable conduct of landlords
   69.     Unconscionable conduct of tenants
   70.     Misleading or deceptive conduct

   PART 11 - Dispute Resolution

           Division 1 - Preliminary matters

   71.     Interpretation
   72.     Parties’ rights under this Part preserved
   73.     Meaning of retail tenancy dispute
   74.     Appointment of qualified mediators

           Division 2 - Mediation of retail tenancy disputes

   75.     Attempted resolution of retail tenancy disputes
   76.     Application for mediation of retail tenancy disputes
   77.     Director to give notice of mediation
   78.     Limited right of representation
   79.     Mediation conferences to be held in private
   80.     Cost of mediation to be met by parties
   81.     Agreements reached at mediation conferences
   82.     Failure to reach resolution at mediation conferences

   PART 12 - Miscellaneous

   83.     Infringement notices
   84.     Prosecution of offences
   85.     Protection from liability
   86.     Regulations
   87.     Administration of Act
   88.     Code of Practice Regulations continue in force