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RETAIL LEASES ACT 1994 - As at 23 September 2020 - Act 46 of 1994

- As at 23 September 2020 - Act 46 of 1994

Table of Provisions

PART 1 - PRELIMINARY

Note
  • 1 Name of Act
  • 2 Commencement
  • 3 Definitions
  • 3A Definition of "outgoings"
  • 3B Application of Act to agreements to lease
  • 4 Notes
  • 5 Certain retail shops excluded from the operation of this Act
  • 6 Leases to which Act does not apply
  • 6A Application of Act to short-term leases
  • 6B Application of Act to retail shops in markets
  • 7 This Act overrides leases
  • 8 When the lease is entered into

PART 2 - ENTERING INTO A LEASE

  • 9 Copy of lease and retail tenancy guide to be provided at negotiation stage
  • 10 Right to compensation for pre-lease misrepresentations
  • 11 Lessor's disclosure statement
  • 11A Lessee's disclosure statement
  • 12 Lessee not required to pay undisclosed contributions
  • 12A Lessee not required to pay undisclosed outgoings
  • 13 Costs before fit-out
  • 13A Tenancy fit-out statement or guide
  • 14 Key-money and lease preparation expenses prohibited
  • 15 Lessee to be provided with executed copy of lease
  • 16 Certain leases must be registered

PART 2A - SECURITY BONDS

Division 1 - Preliminary

  • 16A Definitions
  • 16B Guarantees and other forms of security
  • 16BA Return of bank guarantees

Division 2 - Deposit of security bonds with Secretary

  • 16C Deposit of security bonds with Secretary
  • 16D Deposit of existing security bonds with Secretary
  • 16E Provisions in leases relating to security bonds

Division 3 - Payment out of security bonds

  • 16F Interpretation
  • 16G Application for payment
  • 16H Payment on application
  • 16I Payment after prescribed proceedings
  • 16J Excess not payable
  • 16K Appeal rights
  • 16L Withdrawal of application
  • 16M. (Repealed)
  • 16N Miscellaneous provisions

Division 4 - Enforcement provisions

  • 16O Receipts to be given for security bonds
  • 16P. (Repealed)
  • 16Q Offences and penalty
  • 16R Offences by corporations
  • 16S Time for commencing proceedings for offences

Division 5 - Accounts

  • 16T Accounts
  • 16U Retail Leases Security Bonds Trust Account
  • 16V Retail Leases Security Bonds Interest Account
  • 16W Agents of Secretary

Division 6 - General

  • 16WA Arrangements for online delivery of services
  • 16X Exemptions
  • 16Y Continuous occupation
  • 16Z Annual report
  • 16ZA Service of notices and other documents on Secretary
  • 16ZB Recovery of money
  • 16ZC Regulations

PART 3 - RENT AND OUTGOINGS

  • 17 Payment of rent when lessor's fitout not completed
  • 18 Restrictions on adjustment of base rent
  • 19, 19A. (Repealed)
  • 20 Turnover rent
  • 21 Special rent--cost of fitout
  • 21A. (Repealed)
  • 22 Recovery of outgoings from lessee
  • 22A Recovery by lessor of GST
  • 23 Capital costs not recoverable from lessee
  • 24 Depreciation not recoverable from lessee
  • 24A Interest and charges incurred by lessor on borrowings not recoverable from lessee
  • 24B Rent and other costs associated with other land not recoverable from lessee
  • 25 Sinking fund for major repairs and maintenance
  • 25A Limits on sinking funds
  • 25B Sinking fund repayment
  • 26 Limit on recovery of land tax
  • 27 Outgoings estimates
  • 28 Outgoings statements
  • 28A Non-provision of outgoings estimate or statement
  • 29 Adjustment of contributions to outgoings based on actual expenditure properly and reasonably incurred
  • 30 Non-specific outgoings contribution limited by ratio of lettable area
  • 31 Determination of current market rent
  • 31A Information supplied to valuer
  • 32 Opportunity for lessee to have current market rent determined early
  • 32A Review of current market rent determinations
  • 32B Appointment of specialist retail valuers

PART 4 - ALTERATIONS AND OTHER INTERFERENCE WITH THE SHOP

  • 33 Lessee to be given notice of alterations and refurbishment
  • 34 Lessee to be compensated for disturbance
  • 34A Relocation
  • 35 Demolition
  • 36 Damaged premises
  • 37 Employment restriction
  • 38 Refurbishment and refitting

PART 5 - ASSIGNMENT AND TERMINATION

  • 39 Grounds on which consent to assignment can be withheld
  • 40 Key-money on assignment prohibited
  • 41 Procedure for obtaining consent to assignment
  • 41A Protection of assignor of lease for ongoing business
  • 42 Lessor may reserve right to refuse sublease, mortgage
  • 43 Application of Conveyancing Act 1919
  • 44 Notice to lessee of lessor's intentions at end of lease
  • 44A Negotiations for renewal or extension of lease
  • 45 Key-money and lease preparation expenses for renewal or extension prohibited

PART 6 - MISCELLANEOUS

  • 46 Trading hours
  • 47 Information about turnover from online transactions
  • 48 Independent legal advice

PART 7 - ADDITIONAL REQUIREMENTS FOR RETAIL SHOPPING CENTRES

  • 49 Part applies only to retail shopping centres
  • 50 Confidentiality of turnover information
  • 51 Statistical information to be made available to lessee
  • 52 Advertising and promotion requirements
  • 53 Marketing plan for advertising and promotion
  • 54 Six-monthly advertising and promotion expenditure statement to be made available to lessees
  • 55 Annual advertising and promotion expenditure statement to be given to lessees
  • 55A Non-provision of marketing plan or advertising and promotion statement
  • 56 Unexpended advertising and promotion contributions to be carried forward
  • 57. (Repealed)
  • 58 Termination for inadequate sales prohibited
  • 59 Geographical restrictions
  • 60 Tenants association
  • 61 Trading hours
  • 62 Special provision for strata shopping centres

PART 7A - UNCONSCIONABLE CONDUCT AND MISLEADING OR DECEPTIVE CONDUCT

Division 1 - Unconscionable conduct

  • 62A Application of Division
  • 62B Unconscionable conduct in retail shop lease transactions

Division 2 - Misleading or deceptive conduct

  • 62C Interpretation and application of Division
  • 62D Misleading or deceptive conduct in connection with retail leases
  • 62E Right to compensation

PART 8 - DISPUTE RESOLUTION

Division 1 - Preliminary

  • 63 Interpretation

Division 2 - Mediation

  • 64 The Registrar
  • 65 Functions of Registrar
  • 66 Mediation of disputes and other matters
  • 67 The nature of mediation
  • 68 Disputes and other matters must be submitted to mediation before proceedings can be taken
  • 69 Statements made during mediation not admissible

Division 3 - Determination of claims by Civil and Administrative Tribunal

  • 70 Definitions
  • 71 Lodging of retail tenancy claims with Tribunal
  • 71A Lodging of unconscionable conduct claims with Tribunal
  • 71B Lodging of claims after 3 years
  • 72 Powers of Tribunal relating to retail tenancy claims
  • 72AA Powers of Tribunal relating to unconscionable conduct claims
  • 72AB Power of Tribunal to order rectification of lease or disclosure statement
  • 72A Power of Tribunal to award interest
  • 73 Monetary limit on Tribunal's jurisdiction
  • 74. (Repealed)
  • 75 Removal of court proceedings to the Tribunal
  • 76 Jurisdictional overlap
  • 76A Removal of proceedings to Supreme Court
  • 77-77C. (Repealed)

PART 9 - ANCILLARY INTERPRETATION PROVISIONS

  • 78 Interpretation based on industry practice
  • 78A Meaning of "the Act" in leases
  • 79 Leases partly for retail shops and partly for other premises
  • 80 Meaning of "renewal" of lease

PART 9A - SYDNEY (KINGSFORD-SMITH) AIRPORT

PART 10 - GENERAL

  • 81 Extension of term--effect on Real Property Act 1900
  • 81A Service of documents and notices
  • 82 Exemptions from Act
  • 82A Certain transport and rail authorities
  • 82B Delegation by Secretary
  • 83 Act binds Crown
  • 83A Penalty notices
  • 84 Proceedings for offences
  • 84A Savings and transitional provisions
  • 84B Transitional provisions regarding alteration of list of businesses: existing leases
  • 84C Transitional provisions regarding additions to list of businesses: shopping centres
  • 85 Regulations
  • 86 Review of Act

PART 11 - RESPONSE TO COVID-19 PANDEMIC

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