Queensland Consolidated Acts Queensland Consolidated Acts(1) QCAT has jurisdiction to hear retail tenancy disputes, other than a retail tenancy dispute—
(a) about an issue between the parties that—
(i) is the subject of arbitration; or
(ii) has been the subject of an interim or final award in an arbitration proceeding; or
(iii) is before, or has been decided by, a court; or
(b) about—
(i) arrears of rent under a retail shop lease; or
(ii) the amount of rent payable under a retail shop lease; or
(iii) the amount of a lessor's outgoings under a retail shop lease; or
(c) if the amount, value or damages in dispute is more than the monetary limit within the meaning of the District Court of Queensland Act 1967, section 68; or
(d) under a retail shop lease for the carrying on of the business of a service station, if the Trade Practices (Industry Codes—Oilcode) Regulations 2006 (Cwlth) apply to the carrying on of the business under a fuel re-selling agreement within the meaning of those regulations.
(2) However, QCAT has jurisdiction to hear a retail tenancy dispute about—
(a) the procedure for the determination of rent payable under a retail shop lease, but not the actual amount of the rent; or
(b) the basis on which the lessor's outgoings are payable by, and the procedure for charging the lessor's outgoings to, a lessee under a retail shop lease, but not the actual amount of the outgoings; or
(c) whether an item, or part of an item, of the lessor's outgoings for the retail shopping centre or leased building in which a leased shop is situated was reasonably incurred in, or directly attributable to, the operations, maintenance or repair of the centre or building; or
(d) arrears of rent payable under a retail shop lease if the dispute is also about the payment of compensation by the lessor to the lessee under the lease.
(3) For subsection (1)(a)(i), a retail tenancy dispute is only the subject of arbitration if the arbitration proceeding has started.