Queensland Consolidated Acts

RETAIL SHOP LEASES ACT 1994

TABLE OF PROVISIONS

           Contents

           Part 1--Preliminary

   1.      Short title

           Part 2--Object of Act and its achievement

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

           Part 3--Interpretation

           Division 1--Standard definitions

   5.      Definitions

           Division 2--Extended definitions

   6.      Meaning of common areas
   7.      Meaning of outgoings
   8.      Meaning of retail shopping centre
   9.      Meaning of turnover

           Division 3--Notes

   9A.     Notes in text

           Part 4--Operation 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.     Continued application of certain provisions of former Act to existing retail shop leases
   15.     Application of Act—if premises become or cease to be retail shop after commencement of lease
   16.     Application of Act to existing leases in exempt enterprises
   17.     Application of Act to leases of service stations
   18.     Act's provisions implied in leases
   19.     Contracting out of Act prohibited
   20.     Act prevails over inconsistent leases

           Part 5--Preliminary disclosures about leases

   21.     Application of part
   22.     Lessor's disclosure obligation to prospective lessee
   22A.    Prospective lessee's disclosure obligation to lessor
   22B.    Assignor's and prospective assignee's disclosure obligations to each other
   22C.    Lessor's and prospective assignee's disclosure obligations to each other
   22D.    Financial and legal advice reports
   22E.    Effect of failure to comply with sections 22A–22D
   23.     Lessor to give lessee certified copy of lease

           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

   37.     Requirements when lessee to pay lessor's outgoings
   37A.    Lessor's recovery of electricity charges
   38.     Lessee's liability to pay proportion of lessor's apportionable outgoings
   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
   41.     Promotion and advertising

           Division 7--Implied provisions for compensation

   42.     Compensation provisions implied in particular leases
   43.     When compensation is payable by lessor
   43A.    When compensation is payable by other parties
   44.     Amount of compensation

           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

   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.    Provisions implied in retail shop lease
   46D.    How lessor takes relocation action
   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.     Lessee's liability for costs associated with preparation etc. of 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 from lease

           Part 7--Retail shop lease trading hours

   51.     Definitions
   52.     Requirements for resolution
   53.     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.     Chief executive to act on dispute notice
   57.     Limited right of representation
   58.     Conference to be held in private
   59.     Parties attendance at conference not compellable
   60.     Parties to mediation conference
   61.     Mediation agreements
   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

           Division 4--Provision about QCAT orders

   83.     QCAT orders

           Division 5--General

   91.     Withdrawal of disputes
   94.     Exclusion of other jurisdictions

           Part 9--Administration

           Division 1--Mediators

   95.     Mediators
   96.     Mediators' function
   97.     Mediators' jurisdiction
   98.     Duration of appointment
   99.     Conditions of appointment
   100.    Removal from office
   101.    Annual reports

           Division 2--Provisions for QCAT proceedings

   102.    Constitution of QCAT
   103.    QCAT's jurisdiction

           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--General

   116.    Register
   117.    Delegations
   118.    Chief executive may approve forms
   119.    Chief executive's responsibility

           Part 10--Miscellaneous

   120.    Evidentiary provisions
   121.    Regulation-making power
   122.    Review of Act

           Part 12--Transitional provisions

           Division 1--Provision for Act No. 47 of 1994

   123.    Retail Shop Leases Act 1984 references

           Division 2--Provisions for Act No. 19 of 2000

   124.    Obligations to give disclosure statements and financial and legal advice certificates
   125.    Current market rent determinations
   126.    Relocating lessee's business
   127.    Resolution for changing core trading hours
   128.    Existing retail tenancy disputes

           Division 3--Provision for Act No. 4 of 2006

   129.    Application of Act

           Division 4--Provisions for Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Act 2009

   130.    Definitions for div 4
   131.    Application of s 64
   132.    Existing referrals of and applications about retail tenancy disputes to chief executive
   133.    Existing referrals of retail tenancy disputes to former tribunal legal member

           Division 5--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
           SCHEDULE -- DICTIONARY
           Endnotes