RETAIL SHOP LEASES ACT 1994

Queensland Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]

- As at 1 March 2023
- Act 47 of 1994

TABLE OF PROVISIONS

Long Title

PART 1 - PRELIMINARY

1. Short title

PART 2 - OBJECT OF ACT AND ITS ACHIEVEMENT

3. Object of Act
4. How main object of Act to be achieved

PART 3 - INTERPRETATION

Division 1 - Standard definitions

5. Definitions

Division 2 - Key concepts

5A. Meaning of retail shop lease
5B. Meaning of retail shop
5C. Meaning of retail business
5D. Meaning of retail shopping centre
6. Meaning of common areas
7. Meaning of outgoings
9. Meaning of turnover

Division 3 - Notes

9A. Notes in text

PART 4 - OPERATION OF ACT AND FORMER ACT

Division 1 - General application of Act and former Act

10. Act binds all persons
11. Application of Act—when lease entered into
12. Application of Act—where lease entered into
13. Application of Act to leases—general
14. Application of Act—if premises become or cease to be a retail shop after commencement of lease

Division 2 - Relationship of Act to retail shop leases

15. Act’s provisions implied in leases
16. Contracting out of Act prohibited
17. Act prevails over inconsistent leases

Division 3 - Particular retail shop leases

18. Definition for div 3
19. Application of Act and former Act to former Act leases
20. Application of Act, s 27—timing and bases of rent reviews
20A. Application of Act to short term retail shop leases
20B. Application of Act to particular government leases
20C. Application of Act to leases of service stations

PART 5 - PRELIMINARY DISCLOSURES ABOUT LEASES

Division 1 - Preliminary

21. Application of pt 5

Division 2 - Disclosure for entering into or renewing lease

21A. Application of div 2
21B. Lessor’s disclosure obligation to prospective lessee
21C. Sublessor’s disclosure obligation to sublessee
21D. Franchisor’s disclosure obligation to franchisee
21E. Lessor’s disclosure obligation to lessee for renewal
21F. Lessor’s failure to comply with disclosure obligation
22. Lessor to give lessee the lease document or a certified copy of lease
22A. Prospective lessee’s disclosure obligation to lessor

Division 3 - Disclosure for entering into assignment of lease

22AA. Application of div 3
22B. Assignor’s and prospective assignee’s disclosure obligations to each other
22C. Lessor’s and prospective assignee’s disclosure obligations to each other

Division 4 - General provisions

22D. Financial and legal advice reports
22E. Effect of failure to comply with sections 22A–22D
23. (Repealed)

PART 6 - MINIMUM LEASE STANDARDS

Division 1 - Preliminary

24. Lessee’s obligations to make particular payments
24A. GST payments

Division 2 - Turnover rent

25. Requirements if rent a percentage of turnover

Division 3 - Confidentiality of turnover information

26. Lessor not to disclose turnover information

Division 4 - Rent review

Subdivision 1 - Timing and bases of rent reviews

27. Timing and bases of rent reviews

Subdivision 2 - Current market rent

27A. Lessee may require early determination of current market rent
28. Rent review on basis of current market rent
28A. Parties’ submissions to specialist retail valuer
29. Matters to be considered by specialist retail valuers
30. Valuer may require information from lessor
31. Requirements of determination
32. Valuer to give determination to lessor and lessee
33. Effect of determination
34. Parties to share cost of determination
35. Confidentiality of lease information

Subdivision 3 - Other provisions about rent review

36. Certain rent review provisions of leases void
36A. Ratchet rent provision void

Division 5 - Lessor’s outgoings and other payments

36B. Definitions for div 5
37. Lessee’s liability to pay amount for outgoings
37A. (Repealed)
38. Lessee’s liability to pay proportion of lessor’s apportionable outgoings
38A. Annual estimate of apportionable outgoings
38B. Audited annual statement of outgoings
38C. Lessor does not give outgoings estimate or audited annual statement
39. Payment of key money and amount for goodwill prohibited

Division 6 - Other payments for retail shops

40. Sinking fund for major maintenance and repairs
40A. Marketing plan for promotion and advertising
41. Promotion and advertising

Division 7 - Implied provisions for compensation

41A. Definition for div 7
42. Compensation provisions implied in particular leases
43. When compensation is payable by lessor—business disturbance
43AA. When compensation is payable by lessor—false or misleading statements etc.
43AB. No liability for compensation—emergency responses and statutory compliance
43AC. No liability for compensation—trading hours
43AD. Lessor’s liability for relocation or demolition
43A. When compensation is payable by other parties
44. Amount of compensation
44A. Limitation of compensation amount

Division 8 - Lease dealings

45. Lessee’s right to deal with lease and business assets
46. Lessor’s notice about when option to renew or extend must be exercised
46AA. Renewing lease if no option or other agreement

Division 8A - Provisions about unconscionable conduct

46AB. Application of div 8A
46A. Unconscionable conduct
46B. Matters QCAT may consider in deciding if a party’s conduct is unconscionable

Division 9 - General

Subdivision 1 - Relocating lessee’s business

46C. Requirements for relocation of lessee’s business
46D. Lessor’s relocation notices
46E. Termination notice by lessee or deemed acceptance
46F. Terms and conditions of new lease
46G. Lessee’s entitlement to relocation costs

Subdivision 2 - Demolishing building in which lessee’s business is situated

46H. Provisions implied in retail shop lease
46I. How lessor terminates the lease
46J. Termination by lessee
46K. Compensation payable by lessor

Subdivision 3 - Other general provisions

47. Lessee’s right to independent legal advice
48. Liability for costs associated with lease
49. Lessee’s right to join or form commercial associations
50. Retail tenancy disputes between lessors and lessees about assignments of leases
50A. Release of assignor and any guarantor from lease
50B. Refurbishment and refitting

PART 7 - RETAIL SHOP LEASE TRADING HOURS

51. Definitions
52. Requirements for resolution
53. Trading hours
53A. Outgoings for trading outside core trading hours

PART 8 - RETAIL TENANCY DISPUTE RESOLUTION

Division 1 - Preliminary

54. Parties’ rights under this part preserved

Division 2 - Mediation of retail tenancy disputes

55. Lodgement of retail tenancy disputes
56. Commissioner to act on dispute notice
56A. Person may apply to be joined as a party
57. Limited right of representation
58. Conference to be held in private
59. Parties attendance at conference not compellable
60. Mediator may allow interested person to take part in mediation conference
61. Mediation agreements
61A. Notifying outcome of mediation
62. No official record of mediation conference

Division 3 - Reference of retail tenancy disputes and applications to QCAT

63. Reference of dispute—by mediator
64. Application to QCAT—by party
65. (Repealed)
66. (Repealed)
66A. (Repealed)
67. (Repealed)
68. (Repealed)
69. (Repealed)
70. (Repealed)
70A. (Repealed)
71. (Repealed)
72. (Repealed)
73. (Repealed)
74. (Repealed)
75. (Repealed)
76. (Repealed)
77. (Repealed)
78. (Repealed)
79. (Repealed)
80. (Repealed)
81. (Repealed)
82. (Repealed)
82A. (Repealed)

Division 4 - Provision about QCAT orders

83. QCAT orders
84. (Repealed)
85. (Repealed)
86. (Repealed)
87. (Repealed)
87A. (Repealed)
88. (Repealed)
88A. (Repealed)
89. (Repealed)
90. (Repealed)

Division 5 - General

91. Withdrawal of disputes
91A. (Repealed)
92. (Repealed)
93. (Repealed)
94. Exclusion of other jurisdictions

Division 6 - (Repealed)

Division 7 - (Repealed)

PART 9 - ADMINISTRATION

Division 1 - Mediators

95. Mediators
96. Mediators’ function
97. Mediators’ jurisdiction
98. Resignation
99. (Repealed)
100. Removal from office
101. Annual reports

Division 2 - Provisions for QCAT proceedings

102. Constitution of QCAT
103. QCAT’s jurisdiction
104. (Repealed)
105. (Repealed)
106. (Repealed)
107. (Repealed)
108. (Repealed)
109. (Repealed)
110. (Repealed)
111. (Repealed)
112. (Repealed)

Division 3 - Confidentiality, privilege and immunity

113. Mediators and former tribunal members to maintain secrecy
114. Ordinary protection and immunity allowed
115. Admissions made during mediation conference

Division 4 - (Repealed)

PART 10 - MISCELLANEOUS

118. Delegations
119. Approval of forms
120. Evidentiary provisions
121. Regulation-making power
122. Review of Act

PART 12 - TRANSITIONAL PROVISIONS

Division 1 - Provision for Act No. 4 of 2006

123. (Repealed)
124. (Repealed)
125. (Repealed)
126. (Repealed)
127. (Repealed)
128. (Repealed)
129. Application of Act
130. (Repealed)
131. (Repealed)
132. (Repealed)
133. (Repealed)

Division 2 - Provision for Criminal Code and Other Legislation Amendment Act 2011

134. Transitional provision for s 36A
135. Transitional provision for amendment of ss 43 and 44

Division 3 - Provisions for Retail Shop Leases Amendment Act 2016

136. Definitions for div 3
137. Proposed retail shop leases before commencement—when lease entered into
139. Proposed retail shop leases before commencement—lessor’s disclosure obligation
140. Proposed retail shop leases before commencement—prospective lessee’s disclosure obligation
141. Proposed assignment of retail shop leases before commencement—assignor’s disclosure obligation to prospective assignee
143. Timing and bases of rent reviews of proposed retail shop leases—major lessees
144. Early determination of current market rent of proposed retail shop leases—major lessees
145. Current market rent determinations of specialist retail valuers agreed to or nominated before commencement
146. Certain rent review provisions and ratchet rent provisions—major lessee
147. Annual estimate of apportionable outgoings
148. Marketing plans for promotion and advertising
149. Termination by lessee
150. Lessee’s liability for costs associated with preparation of lease before commencement
151. Release of assignor for particular assignments of leases
152. Particular leases in a retail shopping centre
153. (Expired)

Division 4 - Provision for Court and Civil Legislation Amendment Act 2017

154. Particular leases continue to be retail shop leases

Division 5 - Transitional provision for Justice and Other Legislation Amendment Act 2020

155. Existing mediators

Division 6 - Transitional provisions for Small Business Commissioner Act 2022

156. Existing mediators
157. Existing dispute resolution proceedings
SCHEDULE - Dictionary

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback