Queensland Consolidated Acts Queensland Consolidated Actsagreement includes an oral agreement.
apportionable outgoings of a lessor means the lessor's outgoings other than specific outgoings.
approved form means a form approved by the chief executive.
arbitration means arbitration conducted—
(a) under the Commercial Arbitration Act 1990; or
(b) if a retail shop lease provides for the manner of arbitration—
(i) under the lease; and
(ii) to the extent that the lease is inadequate—under the Commercial Arbitration Act 1990.
Australian lawyer see the Legal Profession Act 2007, schedule 2.
base rent means rent, or the part of rent, that is a specified amount of money (whether or not the amount is subject to change).
building includes any structure.
common areas see section 6.
conviction includes a plea of guilty or a finding of guilt by a court even though a conviction is not recorded.
defective statement, see section 22(8).
demolish, a building, includes carry out substantial repair, renovation or reconstruction of the building that can not practicably be carried out without vacant possession of 1 or more leased shops in the building.
disclosure statement, for part 5, means a statement in the approved form containing the particulars prescribed under a regulation.
dispute notice see section 55.
dispute resolution process means—
(a) a mediation process; or
(b) the hearing, by QCAT, of a retail tenancy dispute under the QCAT Act.
effective rent basis, for the determination of rent under a retail shop lease, means the determination of the rent taking into account all associated advantages and disadvantages under arrangements made between the lessor and lessee that reflect the net consideration passing to the lessor from the lessee under the lease and associated arrangements.
enforcement order see section 83(2)(a).
entered into, for an assignment of a lease, means the lessor has consented to the assignment.
existing retail shop lease, for sections 13(2) and 14, means—
(a) a retail shop lease entered into or renewed before the commencement of section 5, as originally enacted, on 28 October 1994; or
(b) a retail shop lease entered into, or renewed, under an option under an agreement that was entered into before the commencement of section 5, as originally enacted, on 28 October 1994; or
(c) a retail shop lease entered into under an agreement for lease that was entered into before the commencement of section 5, as originally enacted, on 28 October 1994; or
(d) an assignment of a retail shop lease mentioned in paragraph (a), (b) or (c).
financial advice report means a report—
(a) in the approved form; and
(b) containing the particulars prescribed under a regulation; and
(c) signed by a person who is a qualified accountant.
former Act means the Retail Shop Leases Act 1984.
key money means—
(a) an amount to be paid to, or at the direction of, a lessor by way of a premium, non-repayable bond or otherwise, for the granting, renewing or assigning of a lease; or
(b) any benefit to be conferred on, or at the direction of a lessor for the granting, renewing or assigning of a lease.
lawyer means an Australian lawyer who, under the Legal Profession Act 2007, may engage in legal practice in this State.
lease means an agreement under which a person gives or agrees to give to someone else for valuable consideration a right to occupy premises whether or not the right is—
(a) an exclusive right to occupy the premises; or
(b) for a term or by way of a periodic tenancy or tenancy at will.
leased building means the building (other than a building in a retail shopping centre) in which a leased shop is situated.
leased shop means the retail shop leased, or to be leased, under a retail shop lease.
legal advice report means a report—
(a) in the approved form; and
(b) signed by a lawyer; and
(c) stating that the lawyer has given the prospective lessee of a retail shop, or the prospective assignee of a retail shop lease, seeking the report, advice about the legal meaning and effect of—
(i) the terms and conditions of the proposed lease, or the lease the subject of the proposed assignment; and
(ii) the disclosure statement given to the person under part 5; and
(d) containing the other particulars prescribed under a regulation.
lessee—
(a) in relation to a retail tenancy dispute, includes the former lessee; and
(b) for part 6, division 7, includes—
(i) a lessee who is holding over under the lease or with the lessor's consent; and
(ii) a sublessee or franchisee entitled to occupy the retail shop under the lease or with the lessor's consent.
lessor means the person who, under a lease, is or would be entitled to the rent payable for the leased premises regardless of the person's interest in the premises, and includes—
(a) a person acting under the lessor's authority; and
(b) in relation to a retail tenancy dispute—the former lessor.
lessor's termination notice see section 46I(1).
listed corporation means a listed corporation under the Corporations Act.
maintenance amounts see section 40(1).
major lessee means the lessee of 5 or more retail shops in Australia.
mediation means the process under part 8, division 2 under which the parties to a retail tenancy dispute use a mediator to help them resolve the dispute by negotiated agreement without adjudication.
mediation agreement see section 61.
mediation conference means a conference conducted by a mediator under part 8, division 2 between the parties to a retail tenancy dispute.
mediation process—
(a) means the process of mediation of a retail tenancy dispute under part 8; and
(b) includes all steps taken in making arrangements for a mediation conference or in the follow-up of the mediation conference.
mediator means a mediator appointed under this Act.
outgoings, of a lessor, see section 7.
payment order see section 83(2)(b).
promotion amounts see section 41(1)(a).
qualified accountant means a qualified accountant under the Corporations Act.
registered auditor means an entity registered as an auditor under the Corporations Act.
relocation action see section 46C.
relocation day see section 46D(2).
relocation notice see section 46D(1).
retail business means a business prescribed by regulation as a retail business.
retail shop means premises that are—
(a) situated in a retail shopping centre; or
(b) used wholly or predominantly for the carrying on of 1 or more retail businesses.
retail shop lease means a lease of a retail shop, other than a lease of—
(a) a retail shop with a floor area of more than 1000m2 by a listed corporation or a listed corporation's subsidiary; or
(b) a retail shop within the South Bank corporation area if the lease is a perpetual lease or another lease for a term, including renewal options, of at least 100 years entered into or granted by the South Bank Corporation; or
(c) premises in a theme or amusement park; or
(d) premises at a flea market, including an arts and crafts market; or
(e) a temporary retail stall at—
(i) an agricultural or trade show; or
(ii) a carnival, festival or cultural event; or
(f) 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) information, entertainment, community or leisure facilities;
(ii) telecommunication equipment;
(iii) displaying advertisements;
(iv) storage;
(v) parking; or
(g) another type of premises prescribed by regulation.
retail shopping centre see section 8.
retail tenancy dispute means any dispute under or about a retail shop lease, or about the use or occupation of a leased shop under a retail shop lease, regardless of when the lease was entered into.
South Bank corporation area means the corporation area as defined under the South Bank Corporation Act 1989.
specialist retail valuer means a person whose name is recorded on the list of specialist retail valuers kept under the Valuers Registration Act 1992.
specific outgoings, of a lessor, means the following—
(a) the lessor's outgoings that are attributable to a lessee because of the lessee's direct use of the services or facilities incurring the outgoings;
(b) an amount mentioned in section 24A(2).
subsidiary, of a listed corporation, means a subsidiary of the corporation under the Corporations Act.
termination day see section 46I(2).
turnover see section 9.