Victorian Current Acts

RETAIL LEASES ACT 2003

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Main purpose  
   2.      Commencement  

   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

   33.     Rent based on turnover  
   34.     Agreement about rent based on turnover  

           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 and commercial and industrial property 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

   59.     Restriction on whom the tenant employs or engages  

   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  

   PART 15--TRANSITIONAL PROVISIONS--RETAIL LEASES AMENDMENT ACT 2020

   122.    Validation of retail premises leases in respect of essential safety measures  
   123.    Security deposits  
   124.    Disclosure statements on renewal of leases  
   125.    Information to be given to tenants before options to renew expire  
           ENDNOTES