Queensland Consolidated Acts

RETAIL SHOP LEASES ACT 1994 - SECT 5A

5A Meaning of retail shop lease

(1) A
"retail shop lease" is a lease of a retail shop.

(2) However, a
"retail shop lease" does not include a lease of any of the following—

(a) a retail shop with a floor area of more than 1,000m 2;

(b) a retail shop within the South Bank corporation area if the lease is entered into or granted by the South Bank Corporation and is either—

(i) a perpetual lease; or

(ii) another lease for a term, including renewal options, of at least 100 years;

(c) premises used wholly or predominantly for the carrying on of a business by a lessee for a lessor as the lessor’s employee or agent;

(d) premises in a theme or amusement park;

(e) premises at a flea market, including an arts and crafts market;

(f) a temporary retail stall at—

(i) an agricultural or trade show; or

(ii) a carnival, festival or cultural event;

(g) premises that, if the premises were not leased, would be premises within a common area of a retail shopping centre, but only if the premises are used for 1 or more of the following—

(i) an information, entertainment, community or leisure facility;

(ii) telecommunication equipment;

(iii) an automatic teller machine;

(iv) a vending machine;

(v) an advertisement display;

(vi) storage;

(vii) parking.

(3) Also, a
"retail shop lease" does not include a lease of premises located in a retail shopping centre if—

(a) the premises are not used wholly or predominantly for carrying on a retail business; and

(b) at the time the lease is entered into, either—

(i) if the premises are located on a level of a multi-level building—the retail area of the level is 25% or less of the total lettable area of the level; or

(ii) if the premises are located in a single level building—the retail area of the building is 25% or less of the total lettable area of the building.

Examples for paragraph (b)—

1 A lease of premises for an accounting practice on level 4 of a retail shopping centre is not a retail shop lease if, at the time the lease is entered into, 75% of the total lettable area of level 4 is used wholly for professional or commercial offices.

2 A lease of premises for a medical centre in a stand-alone single level building within the parking area of a retail shopping centre is not a retail shop lease if, at the time the lease is entered into, 80% of the total lettable area of the building is used wholly for providing medical services.

(4) The
"retail area" , for a level or building in a retail shopping centre, is the area of the level or building comprising premises used wholly or predominantly for carrying on retail businesses.

(5) The
"total lettable area" , for a level or building in a retail shopping centre, is the total area of all the premises of the level or building that are—

(a) leased or occupied; or

(b) available for lease or occupation.