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Queensland
Retail Shop Leases
Amendment Bill 2015
Queensland
Retail Shop Leases Amendment Bill 2015
Contents
Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Amendment of pt 3, div 2, hdg (Extended definitions) . . . . . . . . . 8
5 Insertion of new ss 5A-5C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
5A Meaning of retail shop lease . . . . . . . . . . . . . . . . . . . 8
5B Meaning of retail shop . . . . . . . . . . . . . . . . . . . . . . . . 10
5C Meaning of retail business . . . . . . . . . . . . . . . . . . . . . 11
6 Amendment of s 7 (Meaning of outgoings) . . . . . . . . . . . . . . . . . 11
7 Amendment of s 8 (Meaning of retail shopping centre) . . . . . . . . 11
8 Insertion of new pt 4, div 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 12
9 Replacement of s 11 (Application of Act--when lease entered into) 12
11 Application of Act--when lease entered into . . . . . . . 12
11A Application of Act--when assignment entered into . . 12
10 Replacement of ss 13 to 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
13 Application of Act to leases--general. . . . . . . . . . . . . 13
14 Application of Act--if premises become or cease to be a
retail shop after commencement of lease . . . . . . . . . 13
Division 2 Relationship of Act to retail shop leases
11 Renumbering of s 18 (Act's provisions implied in leases) . . . . . . 14
12 Amendment of s 19 (Contracting out of Act prohibited) . . . . . . . . 15
13 Renumbering of s 20 (Act prevails over inconsistent leases) . . . . 15
14 Insertion of new pt 4, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 3 Particular retail shop leases
18 Definition for div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
19 Application of Act and former Act to former Act leases 16
20 Application of Act, s 27--timing and bases of rent reviews 17
Retail Shop Leases Amendment Bill 2015
Contents
20A Application of Act to short term retail shop leases . . . 18
20B Application of Act to particular government leases . . 19
20C Application of Act to leases of service stations . . . . . 19
15 Replacement of ss 21 to 22A . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Division 1 Preliminary
21 Application of pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Division 2 Disclosure for entering into or renewing lease
21A Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
21B Lessor's disclosure obligation to prospective lessee . 20
21C Sublessor's disclosure obligation to sublessee . . . . . 21
21D Franchisor's disclosure obligation to franchisee . . . . . 22
21E Lessor's disclosure obligation to lessee for renewal. . 23
21F Lessor's failure to comply with disclosure obligation . 24
22 Lessor to give lessee the lease document or a certified copy
of lease. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
22A Prospective lessee's disclosure obligation to lessor. . 26
Division 3 Disclosure for entering into assignment of
lease
22AA Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
16 Amendment of s 22B (Assignor's and prospective assignee's disclosure
obligations to each other) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
17 Replacement of s 22C (Lessor's and prospective assignee's disclosure
obligations to each other) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
22C Lessor's and prospective assignee's disclosure obligations to
each other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
18 Insertion of new pt 5, div 4, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 28
19 Amendment of s 22D (Financial and legal advice reports). . . . . . 29
20 Omission of s 23 (Lessor to give lessee certified copy of lease) . 29
21 Amendment of s 24 (Lessee's obligations to make particular payments)
29
22 Amendment of s 25 (Requirements if rent a percentage of turnover) 29
23 Amendment of s 26 (Lessor not to disclose turnover information) 29
24 Amendment of s 27 (Timing and bases of rent reviews) . . . . . . . 30
25 Amendment of s 27A (Lessee may require early determination of
current market rent) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
26 Amendment of s 28 (Rent review on basis of current market rent) 31
27 Replacement of s 28A (Parties' submissions to specialist retail valuer)
31
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Retail Shop Leases Amendment Bill 2015
Contents
28A Parties' submissions to specialist retail valuer . . . . . . 31
28 Amendment of s 29 (Matters to be considered by specialist retail
valuers). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
29 Amendment of s 32 (Valuer to give determination to lessor and lessee)
33
30 Amendment of s 36 (Certain rent review provisions of leases void) 33
31 Amendment of s 36A (Ratchet rent provision void) . . . . . . . . . . . 33
32 Replacement of s 37 (Requirements when lessee to pay lessor's
outgoings). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
36B Definitions for div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
37 Lessee's liability to pay amount for outgoings . . . . . . 34
33 Amendment of s 38 (Lessee's liability to pay proportion of lessor's
apportionable outgoings) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
38A Annual estimate of apportionable outgoings . . . . . . . 36
38B Audited annual statement of outgoings . . . . . . . . . . . 37
38C Lessor does not give outgoings estimate or audited annual
statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
34 Amendment of s 40 (Sinking fund for major maintenance and repairs)39
35 Insertion of new s 40A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
40A Marketing plan for promotion and advertising . . . . . . 39
36 Amendment of s 41 (Promotion and advertising) . . . . . . . . . . . . . 39
37 Insertion of new s 41A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
41A Definition for div 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
38 Amendment of s 42 (Compensation provisions implied in particular
leases) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
39 Amendment of s 43 (When compensation is payable by lessor) . 41
40 Insertion of new ss 43AA to 43AD . . . . . . . . . . . . . . . . . . . . . . . . 41
43AA When compensation is payable by lessor--false or
misleading statements etc.. . . . . . . . . . . . . . . . . . . . . 41
43AB No liability for compensation--emergency responses and
statutory compliance . . . . . . . . . . . . . . . . . . . . . . . . . 42
43AC No liability for compensation--trading hours . . . . . . . 42
43AD Lessor's liability for relocation or demolition . . . . . . . . 42
41 Amendment of s 44 (Amount of compensation) . . . . . . . . . . . . . . 43
42 Insertion of new s 44A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
44A Limitation of compensation amount . . . . . . . . . . . . . . 43
43 Amendment of s 45 (Lessee's right to deal with lease and business
assets) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Page 3
Retail Shop Leases Amendment Bill 2015
Contents
44 Amendment of s 46 (Lessor's notice about when option to renew or
extend must be exercised) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
45 Insertion of new s 46AB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
46AB Application of div 8A. . . . . . . . . . . . . . . . . . . . . . . . . . 45
46 Replacement of s 46C (Provisions implied in retail shop lease). . 45
46C Requirements for relocation of lessee's business . . . 45
47 Amendment of s 46D (How lessor takes relocation action) . . . . . 45
48 Amendment of s 46J (Termination by lessee) . . . . . . . . . . . . . . . 46
49 Amendment of s 48 (Lessee's liability for costs associated with
preparation etc. of lease) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
50 Replacement of s 49 (Lessee's right to join or form commercial
associations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
49 Lessee's right to join or form commercial associations 47
51 Replacement of s 50A (Release of assignor from lease) . . . . . . . 47
50A Release of assignor and any guarantor from lease . . 48
50B Refurbishment and refitting . . . . . . . . . . . . . . . . . . . . 48
52 Amendment of s 51 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . 48
53 Replacement of s 53 (Trading hours) . . . . . . . . . . . . . . . . . . . . . . 49
53 Trading hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
54 Insertion of new s 53A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
53A Outgoings for trading outside core trading hours . . . . 49
55 Amendment of s 83 (QCAT orders) . . . . . . . . . . . . . . . . . . . . . . . 50
56 Amendment of s 97 (Mediators' jurisdiction) . . . . . . . . . . . . . . . . 50
57 Amendment of s 103 (QCAT's jurisdiction). . . . . . . . . . . . . . . . . . 51
58 Omission of pt 12, divs 1, 2 and 4 . . . . . . . . . . . . . . . . . . . . . . . . 51
59 Renumbering of pt 12, divs 3 and 5 . . . . . . . . . . . . . . . . . . . . . . . 51
60 Insertion of new pt 12, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Division 3 Provisions for Retail Shop Leases Amendment
Act 2015
136 Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
137 Proposed retail shop leases before commencement--when
lease entered into. . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
138 Proposed assignment of retail shop leases--when
assignment entered into . . . . . . . . . . . . . . . . . . . . . . . 52
139 Proposed retail shop leases before commencement--
lessor's disclosure obligation . . . . . . . . . . . . . . . . . . . 53
140 Proposed retail shop leases before commencement--
prospective lessee's disclosure obligation . . . . . . . . . 53
Page 4
Retail Shop Leases Amendment Bill 2015
Contents
141 Proposed assignment of retail shop leases before
commencement--assignor's disclosure obligation to
prospective assignee . . . . . . . . . . . . . . . . . . . . . . . . . 54
142 Proposed assignment of retail shop leases before
commencement--prospective assignee's disclosure
obligation to lessor . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
143 Timing and bases of rent reviews of proposed retail shop
leases--major lessees . . . . . . . . . . . . . . . . . . . . . . . . 55
144 Early determination of current market rent of proposed retail
shop leases--major lessees . . . . . . . . . . . . . . . . . . . 55
145 Current market rent determinations of specialist retail
valuers agreed to or nominated before commencement 55
146 Certain rent review provisions and ratchet rent provisions--
major lessee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
147 Annual estimate of apportionable outgoings . . . . . . . 56
148 Marketing plans for promotion and advertising. . . . . . 56
149 Termination by lessee. . . . . . . . . . . . . . . . . . . . . . . . . 56
150 Lessee's liability for costs associated with preparation of
lease before commencement . . . . . . . . . . . . . . . . . . . 57
151 Release of assignor for particular assignments of leases 57
152 Particular leases in a retail shopping centre. . . . . . . . 57
153 Transitional regulation-making power . . . . . . . . . . . . . 58
61 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 58
Page 5
2015
A Bill
for
An Act to amend the Retail Shop Leases Act 1994 for particular
purposes
Retail Shop Leases Amendment Bill 2015
[s 1]
The Parliament of Queensland enacts-- 1
Clause 1 Short title 2
This Act may be cited as the Retail Shop Leases Amendment 3
Act 2015. 4
Clause 2 Commencement 5
This Act commences on a day to be fixed by proclamation. 6
Clause 3 Act amended 7
This Act amends the Retail Shop Leases Act 1994. 8
Clause 4 Amendment of pt 3, div 2, hdg (Extended definitions) 9
Part 3, division 2, heading-- 10
omit, insert-- 11
Division 2 Key concepts 12
Clause 5 Insertion of new ss 5A-5C 13
Part 3, division 2-- 14
insert-- 15
5A Meaning of retail shop lease 16
(1) A retail shop lease is a lease of a retail shop. 17
(2) However, a retail shop lease does not include a 18
lease of any of the following-- 19
(a) a retail shop with a floor area of more than 20
1000m2; 21
(b) a retail shop within the South Bank 22
corporation area if the lease is entered into 23
Page 8
Retail Shop Leases Amendment Bill 2015
[s 5]
or granted by the South Bank Corporation 1
and is either-- 2
(i) a perpetual lease; or 3
(ii) another lease for a term, including 4
renewal options, of at least 100 years; 5
(c) premises used wholly or predominantly for 6
the carrying on of a business by a lessee for 7
a lessor as the lessor's employee or agent; 8
(d) premises in a theme or amusement park; 9
(e) premises at a flea market, including an arts 10
and crafts market; 11
(f) a temporary retail stall at-- 12
(i) an agricultural or trade show; or 13
(ii) a carnival, festival or cultural event; 14
(g) premises that, if the premises were not 15
leased, would be premises within a common 16
area of a retail shopping centre, but only if 17
the premises are used for 1 or more of the 18
following-- 19
(i) an information, entertainment, 20
community or leisure facility; 21
(ii) telecommunication equipment; 22
(iii) an automatic teller machine; 23
(iv) a vending machine; 24
(v) an advertisement display; 25
(vi) storage; 26
(vii) parking. 27
(3) Also, a retail shop lease does not include a lease 28
of premises located in a retail shopping centre 29
if-- 30
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Retail Shop Leases Amendment Bill 2015
[s 5]
(a) the premises are not used wholly or 1
predominantly for carrying on a retail 2
business; and 3
(b) at the time the lease is entered into, either-- 4
(i) if the premises are located on a level of 5
a multi-level building--the retail area 6
of the level is 25% or less of the total 7
lettable area of the level; or 8
(ii) if the premises are located in a single 9
level building--the retail area of the 10
building is 25% or less of the total 11
lettable area of the building. 12
Examples for paragraph (b)-- 13
1 A lease of premises for an accounting practice on 14
level 4 of a retail shopping centre is not a retail shop 15
lease if, at the time the lease is entered into, 75% of 16
the total lettable area of level 4 is used wholly for 17
professional or commercial offices. 18
2 A lease of premises for a medical centre in a 19
stand-alone single level building within the parking 20
area of a retail shopping centre is not a retail shop 21
lease if, at the time the lease is entered into, 80% of 22
the total lettable area of the building is used wholly 23
for providing medical services. 24
(4) The retail area, for a level or building in a retail 25
shopping centre, is the area of the level or 26
building comprising premises used wholly or 27
predominantly for carrying on retail businesses. 28
(5) The total lettable area, for a level or building in a 29
retail shopping centre, is the total area of all the 30
premises of the level or building that are-- 31
(a) leased or occupied; or 32
(b) available for lease or occupation. 33
5B Meaning of retail shop 34
Retail shop means premises that are-- 35
Page 10
Retail Shop Leases Amendment Bill 2015
[s 6]
(a) situated in a retail shopping centre; or 1
(b) used wholly or predominantly for the 2
carrying on of a retail business. 3
5C Meaning of retail business 4
Retail business means a business prescribed by 5
regulation as a retail business. 6
Clause 6 Amendment of s 7 (Meaning of outgoings) 7
(1) Section 7(1)(a), from 'of--'-- 8
omit, insert-- 9
of the centre or building and areas (associated areas) 10
used in association with the centre or building; and 11
(2) Section 7(3)-- 12
insert-- 13
(da) payment of an excess in relation to a claim 14
on the lessor's insurance policy for the 15
centre or building or associated areas; and 16
(3) Section 7(3)(g)-- 17
omit. 18
(4) Section 7(3)(da) to (f)-- 19
renumber as section 7(3)(e) to (g). 20
(5) Section 7(3), example 1, from 'area' to 'building,'-- 21
omit, insert-- 22
associated areas, 23
Clause 7 Amendment of s 8 (Meaning of retail shopping centre) 24
(1) Section 8(1)(b)(iii), after 'scheme'-- 25
insert-- 26
Page 11
Retail Shop Leases Amendment Bill 2015
[s 8]
under the Body Corporate and Community 1
Management Act 1997 2
(2) Section 8(2)-- 3
omit. 4
(3) Section 8, relocate and renumber as section 5D. 5
Clause 8 Insertion of new pt 4, div 1, hdg 6
Part 4, before section 10-- 7
insert-- 8
Division 1 General application of Act 9
and former Act 10
Clause 9 Replacement of s 11 (Application of Act--when lease 11
entered into) 12
Section 11-- 13
omit, insert-- 14
11 Application of Act--when lease entered into 15
A retail shop lease is entered into on the earliest of the 16
following dates-- 17
(a) the first date by which the lease is signed by 18
all of the parties to the lease; 19
(b) the date the lessee enters into possession of 20
the retail shop under the lease; 21
(c) the date the lessee first pays rent under the 22
lease, other than as a deposit to secure the 23
premises for the lease. 24
11A Application of Act--when assignment entered 25
into 26
An assignment of a retail shop lease is entered into on 27
the earlier of the following dates-- 28
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Retail Shop Leases Amendment Bill 2015
[s 10]
(a) the first date by which a deed of assignment 1
is signed by the lessor, assignor and 2
assignee; 3
(b) the date the assignee, with the consent of the 4
lessor, enters into possession of the retail 5
shop under the assigned lease. 6
Clause 10 Replacement of ss 13 to 17 7
Sections 13 to 17-- 8
omit, insert-- 9
13 Application of Act to leases--general 10
This Act applies in relation to all retail shop leases 11
whether entered into, or renewed, before or after 28 12
October 1994, subject to the following provisions-- 13
(a) section 14; 14
(b) section 19(1); 15
(c) section 20; 16
(d) section 20A; 17
(e) section 20B; 18
(f) section 20C; 19
(g) section 21; 20
(h) section 42; 21
(i) section 45(3); 22
(j) section 46AB; 23
(k) part 7. 24
14 Application of Act--if premises become or 25
cease to be a retail shop after commencement 26
of lease 27
(1) In relation to a lease of premises that become a 28
retail shop only after the commencement of the 29
lease, this Act does not apply to-- 30
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Retail Shop Leases Amendment Bill 2015
[s 11]
(a) the lease; or 1
(b) an assignment of the lease; or 2
(c) a renewal of the lease under an option under 3
the lease. 4
Example for subsection (1)(a)-- 5
On 1 April 2016 a person enters into a 3-year lease for 6
carrying on a business that is not a retail business from 7
premises that are not in a retail shopping centre. 8
Accordingly, the premises are not a retail shop as 9
defined in the schedule. However, on 1 September 2016, 10
the business is prescribed by regulation as a retail 11
business. Under this subsection, this Act does not apply 12
to the lease even though the premises become a retail 13
shop on this second date. 14
(2) In relation to a lease of premises that cease to be 15
a retail shop after the commencement of the 16
lease, this Act continues to apply to-- 17
(a) the lease; or 18
(b) an assignment of the lease; or 19
(c) a renewal of the lease under an option under 20
the lease. 21
Example for subsection (2)(a)-- 22
On 1 April 2016 a person enters into a 3-year lease for 23
the conduct of a business that is not a retail business 24
from premises in a retail shopping centre. On 1 25
September 2016, the cluster of premises in which the 26
leased premises are situated ceases to be a retail 27
shopping centre and the business is still not a retail 28
business. Under this subsection, this Act continues to 29
apply to the lease even though the premises are no 30
longer a retail shop. 31
Division 2 Relationship of Act to 32
retail shop leases 33
Clause 11 Renumbering of s 18 (Act's provisions implied in leases) 34
Section 18-- 35
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Retail Shop Leases Amendment Bill 2015
[s 12]
renumber as section 15. 1
Clause 12 Amendment of s 19 (Contracting out of Act prohibited) 2
(1) Section 19, 'shop lease'-- 3
omit, insert-- 4
shop lease, or another agreement entered into for a 5
retail shop lease, 6
(2) Section 19-- 7
renumber as section 16. 8
Clause 13 Renumbering of s 20 (Act prevails over inconsistent 9
leases) 10
Section 20-- 11
renumber as section 17. 12
Clause 14 Insertion of new pt 4, div 3 13
Part 4, after section 17, as renumbered-- 14
insert-- 15
Division 3 Particular retail shop 16
leases 17
18 Definition for div 3 18
In this division-- 19
former Act lease means-- 20
(a) a retail shop lease entered into or renewed 21
before 28 October 1994; or 22
(b) a retail shop lease entered into, or renewed, 23
under an option under an agreement entered 24
into before 28 October 1994; or 25
Page 15
Retail Shop Leases Amendment Bill 2015
[s 14]
(c) a retail shop lease entered into under an 1
agreement for lease entered into before 28 2
October 1994; or 3
(d) an assignment of a retail shop lease 4
mentioned in paragraph (a), (b) or (c). 5
19 Application of Act and former Act to former 6
Act leases 7
(1) The following provisions do not apply in relation 8
to former Act leases-- 9
(a) part 4, other than this section; 10
(b) part 5; 11
(c) part 6; 12
(d) section 120. 13
(2) The following provisions of the former Act (to 14
the extent that they applied immediately before 15
28 October 1994) continue to apply to a former 16
Act lease as if this Act had not been enacted-- 17
(a) part 1, other than section 5A; 18
(b) part 2; 19
(c) part 3, other than the following sections-- 20
(i) section 10B; 21
(ii) section 10C; 22
(iii) section 15A; 23
(d) section 56; 24
(e) section 57; 25
(f) section 58; 26
(g) schedules 1 and 2. 27
(3) For the purposes of applying a provision of the 28
former Act in relation to a former Act lease, a 29
reference in the provision to-- 30
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Retail Shop Leases Amendment Bill 2015
[s 14]
(a) a specialist retail valuer is taken to be a 1
reference to a specialist retail valuer under 2
the Valuers Registration Act 1992; and 3
(b) the registrar is taken to be a reference to the 4
chief executive; and 5
(c) a mediator is taken to be a reference to a 6
mediator under this Act; and 7
(d) a retail shop leases tribunal or tribunal is 8
taken to be a reference to QCAT. 9
20 Application of Act, s 27--timing and bases of 10
rent reviews 11
(1) Section 27, as in force immediately before 30 12
April 1999, continues to apply, as if the 1999 13
amendment Act had not been enacted, in relation 14
to-- 15
(a) a retail shop lease entered into on or after 28 16
October 1994 but before 30 April 1999; and 17
(b) any extension or renewal of a lease 18
mentioned in paragraph (a). 19
Note-- 20
Part 6 does not apply to a former Act lease--see section 21
19(1)(c). 22
(2) Section 27, as in force immediately before 1 July 23
2000, continues to apply, as if the 2000 24
amendment Act had not been enacted, in relation 25
to-- 26
(a) a retail shop lease entered into on or after 30 27
April 1999 but before 1 July 2000; and 28
(b) any extension or renewal of a lease 29
mentioned in paragraph (a). 30
Note-- 31
In relation to a retail shop lease entered into before 3 32
April 2006 and any extension or renewal of the lease, 33
section 27 (as in force on 1 July 2000) continues to 34
Page 17
Retail Shop Leases Amendment Bill 2015
[s 14]
apply as if the Retail Shop Leases Amendment Act 2006 1
had not been enacted--see section 129. 2
(3) In this section-- 3
1999 amendment Act means the Retail Shop 4
Leases Amendment Act 1999. 5
2000 amendment Act means the Retail Shop 6
Leases Amendment Act 2000. 7
20A Application of Act to short term retail shop 8
leases 9
(1) Only the following provisions apply in relation to 10
a short term retail shop lease entered into on or 11
after 3 April 2006-- 12
(a) part 1; 13
(b) part 2; 14
(c) part 3; 15
(d) part 7; 16
(e) part 12 to the extent it is relevant to parts 1, 17
2, 3 or 7. 18
(2) In this section-- 19
right to extend, a lease, does not include a 20
holding over by the lessee with the lessor's 21
consent. 22
short term retail shop lease means a retail shop 23
lease for which the sum of the following periods 24
is not more than 6 months-- 25
(a) the lease's original term; 26
(b) any periods for which the lessee has a right 27
to extend the lease. 28
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Retail Shop Leases Amendment Bill 2015
[s 15]
20B Application of Act to particular government 1
leases 2
(1) Despite section 10, sections 22A, 22D and 46 do 3
not apply in relation to a government lease. 4
(2) In this section-- 5
government lease means a retail shop lease for 6
which the State, Commonwealth, another State or 7
a local government is the lessee or prospective 8
lessee. 9
20C Application of Act to leases of service stations 10
(1) This Act does not apply to a retail shop lease for 11
the carrying on of the business of a service 12
station if the Competition and Consumer 13
(Industry Codes--Oilcode) Regulation 2006 14
(Cwlth) applies to the carrying on of the business 15
under a fuel re-selling agreement within the 16
meaning of that regulation. 17
(2) This Act (other than part 6) applies to a retail 18
shop lease for the carrying on of the business of a 19
service station, regardless of when the lease was 20
entered into, if the Competition and Consumer 21
(Industry Codes--Oilcode) Regulation 2006 22
(Cwlth) does not apply to the carrying on of the 23
business under a fuel re-selling agreement within 24
the meaning of that regulation. 25
Clause 15 Replacement of ss 21 to 22A 26
Sections 21 to 22A-- 27
omit, insert-- 28
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Retail Shop Leases Amendment Bill 2015
[s 15]
Division 1 Preliminary 1
21 Application of pt 5 2
This part does not apply to a retail shop lease for a 3
periodic tenancy or tenancy at will. 4
Division 2 Disclosure for entering 5
into or renewing lease 6
21A Application of div 2 7
This division does not apply to an assignment of a 8
retail shop lease. 9
21B Lessor's disclosure obligation to prospective 10
lessee 11
(1) At least 7 days before a prospective lessee of a 12
retail shop enters into a retail shop lease (the 13
prescribed disclosure date), the lessor must give 14
the prospective lessee-- 15
(a) a draft of the lease; and 16
(b) a disclosure statement. 17
(2) However, for the purposes of complying with 18
subsection (1) in relation to a disclosure 19
statement, it is sufficient if, after the prescribed 20
disclosure date but before the prospective lessee 21
enters into the lease-- 22
(a) the lessor gives the prospective lessee the 23
disclosure statement; and 24
(b) the prospective lessee gives the lessor-- 25
(i) a waiver notice; and 26
(ii) unless the prospective lessee is a major 27
lessee--a legal advice report for the 28
lease under section 22D which states 29
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Retail Shop Leases Amendment Bill 2015
[s 15]
the lawyer has given the prospective 1
lessee advice about the legal meaning 2
and effect of the waiver. 3
(3) Also, this section does not apply to a renewal of a 4
retail shop lease under an option. 5
(4) In this section-- 6
waiver notice, for a prospective retail shop lease, 7
means a written notice signed by the prospective 8
lessee stating that the prospective lessee agrees to 9
waive the lessor's obligation to give a disclosure 10
statement for the lease by the prescribed 11
disclosure date. 12
21C Sublessor's disclosure obligation to 13
sublessee 14
(1) For the purposes of complying with section 21B 15
in relation to a sublease of a retail shop lease, a 16
prospective sublessor may request a disclosure 17
statement (a head lessor disclosure statement) 18
from the lessor. 19
(2) On request by the prospective sublessor under 20
subsection (1)-- 21
(a) the lessor must, within 28 days of receiving 22
the request, give the prospective sublessor a 23
head lessor disclosure statement that is 24
updated to the date it is given; and 25
(b) the prospective sublessor must pay the 26
lessor's reasonable expenses incurred for 27
preparation of the head lessor disclosure 28
statement. 29
(3) In applying section 21B in relation to the 30
sublease-- 31
(a) a reference to a prospective lessee is taken to 32
be a reference to a prospective sublessee; 33
and 34
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Retail Shop Leases Amendment Bill 2015
[s 15]
(b) a reference to a lessor is taken to be a 1
reference to a prospective sublessor; and 2
(c) a reference to giving a disclosure statement 3
is taken to be a reference to giving both of 4
the following documents-- 5
(i) a head lessor disclosure statement that 6
is updated to a date no more than 2 7
months before the date the statement is 8
given to the prospective sublessee; 9
(ii) a written statement detailing any 10
matters of which the prospective 11
sublessor is aware, or could reasonably 12
be aware, that affect the information in 13
the head lessor disclosure statement. 14
21D Franchisor's disclosure obligation to 15
franchisee 16
(1) This section applies if-- 17
(a) a person (the franchisor) is the lessee of a 18
leased shop; and 19
(b) the franchisor proposes to grant to another 20
person (the franchisee) a licence or other 21
similar contractual right to occupy and to 22
use all or part of the leased shop wholly or 23
predominantly for the carrying on of a retail 24
business (both a franchise licence); and 25
(c) the retail business mentioned in paragraph 26
(b) is to be carried on under a name or mark 27
identifying, commonly associated with or 28
controlled by the franchisor or an entity 29
connected with the franchisor. 30
(2) For the purposes of complying with section 21B 31
in relation to the franchise licence, the franchisor 32
may request a disclosure statement (a head lessor 33
disclosure statement) from the lessor. 34
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Retail Shop Leases Amendment Bill 2015
[s 15]
(3) On request by the franchisor under subsection 1
(2)-- 2
(a) the lessor must, within 28 days of receiving 3
the request, give the franchisor a head lessor 4
disclosure statement that is updated to the 5
date it is given; and 6
(b) the franchisor must pay the lessor's 7
reasonable expenses incurred for 8
preparation of the head lessor disclosure 9
statement. 10
(4) In applying section 21B in relation to the 11
franchise licence-- 12
(b) a reference to a prospective lessee is taken to 13
be a reference to a franchisee; and 14
(a) a reference to a lessor is taken to be a 15
reference to a franchisor; and 16
(c) a reference to giving a disclosure statement 17
is taken to be a reference to giving both of 18
the following documents-- 19
(i) a head lessor disclosure statement that 20
is updated to a date no more than 2 21
months before the date the statement is 22
given to the franchisee; 23
(ii) a written statement detailing any 24
matters of which the franchisor is 25
aware, or could reasonably be aware, 26
that affect the information in the head 27
lessor disclosure statement. 28
21E Lessor's disclosure obligation to lessee for 29
renewal 30
(1) This section applies in relation to a renewal of a 31
retail shop lease under an option. 32
(2) The lessor must give the lessee a current 33
disclosure statement within 7 days after the day 34
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Retail Shop Leases Amendment Bill 2015
[s 15]
on which the lessor receives the lessee's notice 1
exercising the option to renew (the renewal 2
notice). 3
(3) However, subsection (2) does not apply if, at the 4
time the renewal notice is given to the lessor, the 5
lessee gives the lessor a waiver notice. 6
(4) Within 14 days of receiving the current 7
disclosure statement, the lessee may, whether or 8
not the renewed lease period has commenced, 9
give the lessor a written notice stating that the 10
renewal notice is withdrawn. 11
(5) In this section-- 12
current disclosure statement, in relation to a 13
lessor and lessee, means-- 14
(a) in any case--a disclosure statement that is 15
updated to the date it is given; or 16
(b) if a disclosure statement was given by the 17
lessor to the lessee during the term of the 18
lease--a written statement that updates the 19
details of the disclosure statement to the 20
date it is given. 21
waiver notice, for a renewal of a retail shop lease, 22
means a written notice signed by the lessee 23
stating that the lessee agrees to waive the lessor's 24
obligation to give a disclosure statement for the 25
lease. 26
21F Lessor's failure to comply with disclosure 27
obligation 28
(1) A lessee may terminate a retail shop lease by 29
giving written notice to a lessor within 6 months 30
after the lessee enters into the lease if-- 31
(a) the lessor does not comply with section 21B 32
or 21E; or 33
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Retail Shop Leases Amendment Bill 2015
[s 15]
(b) a disclosure statement when given to the 1
lessee under section 21B or 21E is a 2
defective statement. 3
(2) For the purposes of this section, a disclosure 4
statement is a defective statement if it-- 5
(a) is incomplete in a material particular; or 6
(b) contains information that is false or 7
misleading in a material particular. 8
(3) However, a disclosure statement is not a defective 9
statement merely because-- 10
(a) it omits information that is irrelevant to the 11
lease; or 12
(b) its layout does not comply with that of the 13
approved form. 14
(4) The lessor is liable to pay to the lessee the 15
reasonable compensation decided by way of the 16
dispute resolution process for loss or damage 17
suffered by the lessee because of the 18
noncompliance or defective statement. 19
(5) Within 14 days after being given the notice under 20
subsection (1), the lessor may give the lessee a 21
written notice of objection to the termination (an 22
objection notice) on the ground that-- 23
(a) the lessor acted honestly and reasonably and 24
ought reasonably to be excused for giving 25
the defective statement; and 26
(b) the lessee is in substantially as good a 27
position as the lessee would have been if the 28
disclosure statement were not a defective 29
statement. 30
(6) Within 14 days after being given the objection 31
notice, if the lessee does not accept the objection 32
notice, the lessee must give the lessor a written 33
notice stating the objection notice is not 34
accepted. 35
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Retail Shop Leases Amendment Bill 2015
[s 15]
(7) The lessee is taken to have accepted the objection 1
notice if the lessee does not give a notice under 2
subsection (6). 3
(8) If the lessee does not accept the objection notice, 4
a retail tenancy dispute exists between the lessee 5
and the lessor. 6
(9) If the lessee accepts the objection notice, or the 7
objection notice is upheld under part 8 through 8
mediation or an order of QCAT, the lease does 9
not terminate under subsection (1). 10
(10) Termination of the lease under subsection (1) 11
does not affect any right, privilege or liability 12
acquired, accrued or incurred under the lease for 13
any period before the termination. 14
(11) In this section-- 15
disclosure statement includes-- 16
(a) a statement mentioned in section 17
21C(3)(c)(ii) or 21D(4)(c)(ii); and 18
(b) a written statement given under section 21E 19
that updates the details of an earlier 20
disclosure statement. 21
22 Lessor to give lessee the lease document or a 22
certified copy of lease 23
Within 30 days after a retail shop lease is signed by 24
the parties, the lessor must give the lessee the signed 25
lease document or a certified copy of the signed lease. 26
22A Prospective lessee's disclosure obligation to 27
lessor 28
At least 7 days before a prospective lessee, other than 29
a prospective franchisee, enters into a retail shop lease, 30
the prospective lessee must give the lessor a disclosure 31
statement. 32
Page 26
Retail Shop Leases Amendment Bill 2015
[s 16]
Division 3 Disclosure for entering 1
into assignment of lease 2
22AA Application of div 3 3
This division applies only to an assignment of a retail 4
shop lease. 5
Clause 16 Amendment of s 22B (Assignor's and prospective 6
assignee's disclosure obligations to each other) 7
(1) Section 22B(1)-- 8
omit, insert-- 9
(1) An assignor of a retail shop lease for a leased 10
shop must give a prospective assignee a 11
disclosure statement at least 7 days before the 12
earlier of the following-- 13
(a) if the assignment is related to an agreement 14
for sale to the assignee of the assignor's 15
business carried on in the leased shop--the 16
day on which the assignee enters into the 17
agreement; 18
(b) the day the lessor is asked to consent to the 19
assignment. 20
(2) Section 22B-- 21
insert-- 22
(1A) The assignor must give the lessor a copy of the 23
disclosure statement given to the assignee under 24
subsection (1) on the day the lessor is asked to 25
consent to the assignment. 26
Clause 17 Replacement of s 22C (Lessor's and prospective 27
assignee's disclosure obligations to each other) 28
Section 22C-- 29
omit, insert-- 30
Page 27
Retail Shop Leases Amendment Bill 2015
[s 18]
22C Lessor's and prospective assignee's 1
disclosure obligations to each other 2
(1) At least 7 days before an assignment of a retail 3
shop lease is entered into (the prescribed 4
disclosure date), the lessor must give the 5
prospective assignee a disclosure statement and a 6
copy of the lease. 7
(2) However, for the purposes of complying with 8
subsection (1) in relation to a disclosure 9
statement, it is sufficient if, after the prescribed 10
disclosure date but before the prospective 11
assignee enters into the assignment-- 12
(a) the lessor gives the prospective assignee the 13
disclosure statement; and 14
(b) the prospective assignee gives the lessor-- 15
(i) a waiver notice; and 16
(ii) unless the prospective assignee is a 17
major lessee--a legal advice report for 18
the lease under section 22D which 19
states the lawyer has given the 20
prospective assignee advice about the 21
legal meaning and effect of the waiver. 22
(3) The prospective assignee must give a disclosure 23
statement to the lessor before the assignment is 24
entered into. 25
(4) In this section-- 26
waiver notice, for an assignment of a retail shop 27
lease, means a written notice signed by the 28
prospective assignee stating that the prospective 29
assignee agrees to waive the lessor's obligation to 30
give a disclosure statement for the lease by the 31
prescribed disclosure date. 32
Clause 18 Insertion of new pt 5, div 4, hdg 33
After section 22C-- 34
Page 28
Retail Shop Leases Amendment Bill 2015
[s 19]
insert-- 1
Division 4 General provisions 2
Clause 19 Amendment of s 22D (Financial and legal advice reports) 3
Section 22D(1), after 'prospective lessee'-- 4
insert-- 5
, other than a prospective franchisee, 6
Clause 20 Omission of s 23 (Lessor to give lessee certified copy of 7
lease) 8
Section 23-- 9
omit. 10
Clause 21 Amendment of s 24 (Lessee's obligations to make 11
particular payments) 12
Section 24(2), example, 'section 20'-- 13
omit, insert-- 14
section 17 15
Clause 22 Amendment of s 25 (Requirements if rent a percentage of 16
turnover) 17
Section 25(3) and (4)-- 18
omit. 19
Clause 23 Amendment of s 26 (Lessor not to disclose turnover 20
information) 21
Section 26(1), from '(whether' to '25)'-- 22
omit. 23
Page 29
Retail Shop Leases Amendment Bill 2015
[s 24]
Clause 24 Amendment of s 27 (Timing and bases of rent reviews) 1
(1) Section 27(1)-- 2
omit, insert-- 3
(1) If a retail shop lease provides for a review of the 4
rent payable under the lease during the term of 5
the lease, or under an option to renew or extend 6
the lease, the lease must state the timing of the 7
reviews and the basis on which each review is to 8
be made. 9
(2) Section 27(8)(b)-- 10
omit, insert-- 11
(b) before the lessee enters into the lease, the 12
lessee gives the lessor a written notice 13
stating the lessee agrees that subsections (2) 14
to (7) do not apply in relation to the lease. 15
(3) Section 27(11), definition invalid review, paragraph (c), 16
'36(d)'-- 17
omit, insert-- 18
36(1)(d) 19
Clause 25 Amendment of s 27A (Lessee may require early 20
determination of current market rent) 21
(1) Section 27A(1A)(b)-- 22
omit, insert-- 23
(b) before the lessee enters into the lease, the 24
lessee gives the lessor a written notice 25
stating that the lessee agrees that this 26
subdivision does not apply in relation to the 27
lease; and 28
(2) Section 27A(3), '29'-- 29
omit, insert-- 30
28A to 35 31
(3) Section 27A(6), from 'the earlier'-- 32
Page 30
Retail Shop Leases Amendment Bill 2015
[s 26]
omit, insert-- 1
the day that is 21 days after the lessee receives written 2
notice of the current market rent determined under this 3
section. 4
Clause 26 Amendment of s 28 (Rent review on basis of current 5
market rent) 6
Section 28(2), 'nominated'-- 7
omit, insert-- 8
appointed 9
Clause 27 Replacement of s 28A (Parties' submissions to specialist 10
retail valuer) 11
Section 28A-- 12
omit, insert-- 13
28A Parties' submissions to specialist retail valuer 14
(1) This section applies if the current market rent 15
under a retail shop lease is to be determined by a 16
specialist retail valuer under section 28. 17
(2) The valuer must advise the lessor and lessee that 18
the lessor and lessee may give the valuer a 19
submission about the current market rent of the 20
leased shop by a stated date decided by the valuer 21
(the submission date). 22
(3) The submission date must be not less than 14 23
days after the valuer is agreed to or appointed 24
under section 28. 25
(4) If the lessor or lessee does not give a submission 26
to the valuer by the submission date, the lessor or 27
lessee is taken to have not made a submission for 28
the purposes of this section or section 29
29(1)(c)(ii). 30
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Retail Shop Leases Amendment Bill 2015
[s 28]
(5) A lessor or lessee who gives a submission to the 1
valuer must also give a copy of it to the other 2
party by the submission date. 3
(6) A lessor or lessee who receives a copy of a 4
submission may give the valuer a written 5
response to it. 6
(7) The response must be given by a stated date 7
decided by the valuer (the response date) that is 8
reasonable in the circumstances. 9
(8) If the lessor or lessee does not give a response to 10
the valuer by the response date, the lessor or 11
lessee is taken to have not made a response for 12
the purposes of this section or section 13
29(1)(c)(ii). 14
Clause 28 Amendment of s 29 (Matters to be considered by 15
specialist retail valuers) 16
(1) Section 29(a)(i), from 'use for'-- 17
omit, insert-- 18
same or a substantially similar use for which the shop 19
may be used under the lease; and 20
(2) Section 29(c)(ii), after 'submissions'-- 21
insert-- 22
and responses 23
(3) Section 29-- 24
insert-- 25
(2) In this section-- 26
effective rent basis, for the determination of rent 27
under a retail shop lease, means determining the 28
rent on the basis of taking into account all 29
associated advantages and disadvantages under 30
arrangements made between the lessor and lessee 31
that reflect the net consideration from the lessee 32
Page 32
Retail Shop Leases Amendment Bill 2015
[s 29]
to the lessor under the lease and associated 1
arrangements. 2
Clause 29 Amendment of s 32 (Valuer to give determination to 3
lessor and lessee) 4
Section 32(b) and (c)-- 5
omit, insert-- 6
(b) the submission date under section 28A(2); 7
(c) if a submission is made to the valuer under 8
section 28A--the response date under 9
section 28A(7); 10
Clause 30 Amendment of s 36 (Certain rent review provisions of 11
leases void) 12
Section 36-- 13
insert-- 14
(2) However, if, under a retail shop lease, a major 15
lessee gives a notice under section 27(8), a 16
provision of the lease that would otherwise be 17
void to a particular extent because of subsection 18
(1)(d) or (e) is not void to that extent because of 19
those provisions. 20
Clause 31 Amendment of s 36A (Ratchet rent provision void) 21
(1) Section 36A-- 22
insert-- 23
(2A) However, if, under a retail shop lease, a major 24
lessee gives a notice under section 27(8), a 25
ratchet rent provision that would otherwise be 26
void is not void. 27
(2) Section 36A(2A) and (3)-- 28
renumber as section 36A(3) and (4). 29
Page 33
Retail Shop Leases Amendment Bill 2015
[s 32]
Clause 32 Replacement of s 37 (Requirements when lessee to pay 1
lessor's outgoings) 2
Section 37-- 3
omit, insert-- 4
36B Definitions for div 5 5
In this division-- 6
apportionable outgoings, for a retail shop lease, 7
includes maintenance amounts and promotion 8
amounts to the extent the amounts are treated as 9
part of the lessor's outgoings under the lease. 10
audited annual statement see section 38B(1). 11
maintenance amounts see section 40(1). 12
outgoings estimate see section 38A(1). 13
promotion amounts see section 41(1)(a). 14
37 Lessee's liability to pay amount for outgoings 15
(1) A lessee under a retail shop lease is not liable to 16
pay an amount to the lessor for outgoings unless 17
the lease specifies-- 18
(a) the outgoings payable by the lessee; and 19
(b) how the outgoings will be determined and 20
apportioned to the lessee; and 21
(c) how the outgoings may be recovered by the 22
lessor from the lessee. 23
(2) In this section-- 24
outgoings, for a retail shop lease, includes 25
promotion amounts and maintenance amounts to 26
the extent the amounts are treated as part of the 27
lessor's outgoings under the lease. 28
Page 34
Retail Shop Leases Amendment Bill 2015
[s 33]
Clause 33 Amendment of s 38 (Lessee's liability to pay proportion 1
of lessor's apportionable outgoings) 2
(1) Section 38(1)-- 3
omit. 4
(2) Section 38(2), after 'building that are'-- 5
insert-- 6
owned by the lessor and 7
(3) Section 38(2), as amended-- 8
renumber as section 38(1). 9
(4) Section 38-- 10
insert-- 11
(2) In this section-- 12
prescribed purpose means 1 or more of the 13
following purposes-- 14
(a) information, entertainment, community or 15
leisure facilities; 16
(b) telecommunication equipment; 17
(c) automatic teller machines; 18
(d) vending machines; 19
(e) advertisement displays; 20
(f) seating, tables and other furniture; 21
(g) trade out areas; 22
(h) storage; 23
(i) parking. 24
total area, of all premises in a retail shopping 25
centre or leased building, does not include areas 26
of premises that, if the areas were not leased or 27
licensed, would be areas within a common area 28
of the centre or building but only if the areas are 29
used for a prescribed purpose. 30
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Retail Shop Leases Amendment Bill 2015
[s 33]
38A Annual estimate of apportionable outgoings 1
(1) The lessor under a retail shop lease must give the 2
lessee an annual estimate in the approved form of 3
the lessor's apportionable outgoings and the 4
proportion of those outgoings for which the 5
lessee will be liable under the lease (the 6
outgoings estimate). 7
(2) The lessor must give the outgoings estimate-- 8
(a) at least 1 month before the start of the period 9
to which the estimate relates; or 10
(b) if the lessee enters into the lease during the 11
period to which the estimate relates or 12
within 1 month before the start of the 13
period--when the lessee enters into the 14
lease. 15
(3) If the shop is in a retail shopping centre, the 16
outgoings estimate must also include a 17
breakdown of the estimated fees to be paid by the 18
lessee towards the administration costs of 19
running the centre and any other fees to be paid 20
to a centre management entity. 21
(4) The outgoings shown in the outgoings estimate 22
must be itemised so that the amount shown for 23
each item is not more than 5% of the total 24
outgoings shown in the estimate. 25
(5) However, the amount shown for an item may be 26
more than 5% of the total outgoings if the item 27
relates to-- 28
(a) a charge, levy, rate or tax payable under an 29
Act; or 30
(b) an outgoing that can not be further itemised 31
to comply with subsection (4). 32
(6) If a person becomes the owner of a retail 33
shopping centre, or building containing a retail 34
shop, the first outgoings estimate given by the 35
Page 36
Retail Shop Leases Amendment Bill 2015
[s 33]
person may be made for a period of less than 1 1
year. 2
38B Audited annual statement of outgoings 3
(1) The lessor under a retail shop lease must give the 4
lessee a statement in the approved form of the 5
lessor's apportionable outgoings (the audited 6
annual statement). 7
(2) The audited annual statement must be given to 8
the lessee within 3 months after the end of the 9
period to which the outgoings relate. 10
(3) The audited annual statement must-- 11
(a) be prepared by a registered auditor in 12
accordance with auditing standards 13
generally accepted in the Australian 14
accounting profession; and 15
(b) contain the auditor's opinion on whether the 16
statement presents fairly the lessor's 17
apportionable outgoings for the accounting 18
period to which it relates in accordance with 19
the lessor's financial records and this Act; 20
and 21
(c) compare the annual estimates of the lessor's 22
apportionable outgoings with the amount 23
actually spent by the lessor for the outgoings 24
during the period; and 25
(d) compare the total amount actually spent by 26
the lessor for apportionable outgoings 27
during the period with the total amounts 28
actually paid by lessees to the lessor during 29
the period. 30
(4) The outgoings shown in the audited annual 31
statement must be itemised so that the amount 32
shown for each item is not more than 5% of the 33
total outgoings shown in the statement. 34
Page 37
Retail Shop Leases Amendment Bill 2015
[s 33]
(5) However, the amount shown for an item may be 1
more than 5% of the total outgoings if the item 2
relates to-- 3
(a) a charge, levy, rate or tax payable under an 4
Act; or 5
(b) an outgoing that can not be further itemised 6
to comply with subsection (4). 7
(6) If the retail shop is in a retail shopping centre, the 8
audited annual statement must also include the 9
total management fees paid by the lessee broken 10
down into fees paid by the lessee towards the 11
administration costs of running the centre and 12
any other fees paid to a centre management 13
entity. 14
(7) The audited annual statement may relate to more 15
than 1 lessee as long as each lessee to which it 16
relates is able to find out from the statement 17
information that is relevant to the lessee. 18
(8) If a person becomes the owner of a retail 19
shopping centre, or building containing a retail 20
shop, the first audited annual statement given by 21
the person may be made for a period of less than 22
1 year. 23
38C Lessor does not give outgoings estimate or 24
audited annual statement 25
(1) This section applies if a lessor does not give the 26
lessee an outgoings estimate or an audited annual 27
statement. 28
(2) The lessee may withhold payments in relation to 29
apportionable outgoings until the lessor gives the 30
outgoings estimate or audited annual statement to 31
the lessee. 32
Page 38
Retail Shop Leases Amendment Bill 2015
[s 34]
Clause 34 Amendment of s 40 (Sinking fund for major maintenance 1
and repairs) 2
Section 40(3), (4) and (7), penalties-- 3
omit. 4
Clause 35 Insertion of new s 40A 5
After section 40-- 6
insert-- 7
40A Marketing plan for promotion and advertising 8
(1) This section applies if a retail shop lease requires 9
the lessee to pay amounts to the lessor for 10
promotion and advertising. 11
(2) At least 1 month before the start of each 12
accounting period of the lessor, the lessor must 13
make available to the lessee a marketing plan that 14
gives details of the lessor's proposed spending on 15
promotion and advertising during that accounting 16
period. 17
Example-- 18
The lessor may publish the lessor's marketing plan on a 19
website accessible to the lessee. 20
Clause 36 Amendment of s 41 (Promotion and advertising) 21
(1) Section 41(2), penalty-- 22
omit. 23
(2) Section 41-- 24
insert-- 25
(4) The lessor must make available to the lessee a 26
written statement of the lessor's expenditure for 27
promotion amounts (the audited annual 28
statement) within 3 months after the end of the 29
period to which the statement relates. 30
(5) The audited annual statement must-- 31
Page 39
Retail Shop Leases Amendment Bill 2015
[s 37]
(a) be prepared by a registered auditor in 1
accordance with auditing standards 2
generally accepted in the Australian 3
accounting profession; and 4
(b) contain the auditor's opinion on whether the 5
statement presents fairly the lessor's 6
expenditure during the accounting period 7
for promotion amounts. 8
(6) If all or part of a promotion amount paid for a 9
period by the lessee is not spent during the 10
period, the lessor must carry forward the unspent 11
promotion amount to be applied towards 12
spending on promotion and advertising of the 13
centre. 14
Clause 37 Insertion of new s 41A 15
Part 6, division 7-- 16
insert-- 17
41A Definition for div 7 18
In this division-- 19
lessee includes an assignee of the lease. 20
Clause 38 Amendment of s 42 (Compensation provisions implied in 21
particular leases) 22
(1) Section 42(1), after '43,'-- 23
insert-- 24
43AA, 43AB, 43AC, 43AD, 25
(2) Section 42(2)(a)-- 26
omit, insert-- 27
(a) a periodic tenancy, other than a periodic 28
tenancy created by the lessee holding over 29
under the lease or with the lessor's consent; 30
or 31
Page 40
Retail Shop Leases Amendment Bill 2015
[s 39]
Clause 39 Amendment of s 43 (When compensation is payable by 1
lessor) 2
(1) Section 43, heading, 'lessor'-- 3
omit, insert-- 4
lessor--business disturbance 5
(2) Section 43(2) to (6)-- 6
omit, insert-- 7
(2) The lessee must give the lessor written notice of 8
the loss or damage mentioned in subsection (1) as 9
soon as practicable after it is suffered. 10
(3) If the lessee fails to give the lessor the notice, the 11
failure does not affect any right of the lessee to 12
compensation but must be considered when 13
deciding the amount of compensation payable 14
under section 44. 15
Clause 40 Insertion of new ss 43AA to 43AD 16
After section 43-- 17
insert-- 18
43AA When compensation is payable by 19
lessor--false or misleading statements etc. 20
The lessor is liable to pay to the lessee reasonable 21
compensation for loss or damage suffered by the 22
lessee because-- 23
(a) the lessee entered into the lease, including a 24
renewal or assignment of the lease, on the 25
basis of a false or misleading statement or 26
misrepresentation made by the lessor or any 27
person acting under the lessor's authority; or 28
(b) the leased shop was not available to the 29
lessee for trading on the date specified in the 30
disclosure statement given under section 31
21B or 22C because of a default of the 32
Page 41
Retail Shop Leases Amendment Bill 2015
[s 40]
lessor or anyone acting under the lessor's 1
authority. 2
43AB No liability for compensation--emergency 3
responses and statutory compliance 4
The lessor is not liable to pay compensation under 5
section 43(1) for loss or damage suffered because the 6
lessor, or a person acting under the lessor's authority, 7
takes action-- 8
(a) as a reasonable response to an emergency; 9
or 10
(b) in compliance with any duty imposed under 11
an Act or resulting from a requirement 12
imposed by an entity acting under the 13
authority of an Act. 14
43AC No liability for compensation--trading hours 15
The lessor is not liable to pay compensation under 16
section 43(1) or 43AA merely because the lessor has 17
prevented the lessee from extending, as permitted by 18
the Trading (Allowable Hours) Act 1990, the hours 19
during which the lessee keeps the leased shop open for 20
trading. 21
43AD Lessor's liability for relocation or demolition 22
(1) This section applies if the lessor causes the lessee 23
to vacate the leased shop in the circumstances 24
mentioned in section 43(1)(f). 25
(2) The lessor is not liable to pay compensation 26
under section 43(1) to the extent the lessee is 27
otherwise entitled to payment of relocation costs 28
under section 46G or reasonable compensation 29
under section 46K. 30
Page 42
Retail Shop Leases Amendment Bill 2015
[s 41]
Clause 41 Amendment of s 44 (Amount of compensation) 1
Section 44(2)-- 2
omit. 3
Clause 42 Insertion of new s 44A 4
Part 6, division 7, after section 44-- 5
insert-- 6
44A Limitation of compensation amount 7
(1) An agreement under a retail shop lease or under 8
an assignment of a retail shop lease about 9
compensation payable under this division is void 10
to the extent it limits the amount of 11
compensation. 12
(2) However, a provision of a retail shop lease may 13
limit a claim for compensation for an anticipated 14
disturbance that occurs within 1 year from the 15
date the lease is entered into if, before the lease is 16
entered into, the lessor gives the lessee a written 17
notice. 18
(3) The notice must include the following 19
particulars-- 20
(a) a specific description of the nature of the 21
anticipated disturbance on the lessee; 22
(b) a statement assessing the likelihood of the 23
anticipated disturbance occurring, including 24
an indication of the basis on which the 25
assessment was reached; 26
(c) a statement of the timing, duration and 27
effect of the anticipated disturbance, so far 28
as they can be predicted. 29
(4) A notice that includes a general statement to the 30
effect that an anticipated disturbance may occur 31
without setting out the particulars referred to in 32
subsection (3) is not a notice for the purpose of 33
subsection (2). 34
Page 43
Retail Shop Leases Amendment Bill 2015
[s 43]
(5) In this section-- 1
anticipated disturbance means an action or 2
omission in relation to which a lessor is liable to 3
pay the lessee compensation under section 4
43(1)(a) to (e). 5
Clause 43 Amendment of s 45 (Lessee's right to deal with lease and 6
business assets) 7
(1) Section 45(1), penalty-- 8
omit. 9
(2) Section 45(2), 'or from'-- 10
omit. 11
(3) Section 45(3), 'sections 19 and 20'-- 12
omit, insert-- 13
sections 16 and 17 14
Clause 44 Amendment of s 46 (Lessor's notice about when option 15
to renew or extend must be exercised) 16
(1) Section 46(2), penalty-- 17
omit. 18
(2) Section 46(3)-- 19
omit, insert-- 20
(3) In this section-- 21
option date, for a retail shop lease, means the 22
date under the lease by which the lessee must 23
exercise an option to renew or extend the lease. 24
Clause 45 Insertion of new s 46AB 25
Part 6, division 8A, before section 46A-- 26
insert-- 27
Page 44
Retail Shop Leases Amendment Bill 2015
[s 46]
46AB Application of div 8A 1
This division applies only in relation to a retail shop 2
lease entered into on or after 24 June 2001. 3
Clause 46 Replacement of s 46C (Provisions implied in retail shop 4
lease) 5
Section 46C-- 6
omit, insert-- 7
46C Requirements for relocation of lessee's 8
business 9
A retail shop lease that provides for the relocation of 10
the lessee's business during the term of the lease is 11
taken to include sections 46D to 46G. 12
Clause 47 Amendment of s 46D (How lessor takes relocation action) 13
(1) Section 46D, heading-- 14
omit, insert-- 15
46D Lessor's relocation notices 16
(2) Section 46D(1)-- 17
omit, insert-- 18
(1) If, under the retail shop lease, the lessor requires 19
the lessee's business to be relocated, the lessor 20
must give the lessee a written notice under this 21
section (a relocation notice). 22
(3) Section 46D-- 23
insert-- 24
(4) If the leased shop is within a retail shopping 25
centre, the alternative retail shop detailed in the 26
relocation notice under subsection (2)(b) must be 27
situated within the centre. 28
Page 45
Retail Shop Leases Amendment Bill 2015
[s 48]
Clause 48 Amendment of s 46J (Termination by lessee) 1
Section 46J(2), '7 days'-- 2
omit, insert-- 3
1 month 4
Clause 49 Amendment of s 48 (Lessee's liability for costs 5
associated with preparation etc. of lease) 6
(1) Section 48, heading-- 7
omit, insert-- 8
48 Liability for costs associated with lease 9
(2) Section 48(1)(b) and note-- 10
omit, insert-- 11
(b) obtaining the consent of a mortgagee of the 12
lessor; 13
(c) the lessor's compliance with this Act. 14
(3) Section 48(2), '1 or more of'-- 15
omit. 16
(4) Section 48(2)(b) and (c)-- 17
omit. 18
(5) Section 48(2)(d)-- 19
renumber as section 48(2)(b). 20
(6) Section 48-- 21
insert-- 22
(3) Also, subsection (1) does not prevent the 23
prospective lessee from being required to pay for 24
the prospective lessor's reasonable legal or other 25
expenses incurred for preparation of a final lease 26
if-- 27
(a) the prospective lessor and prospective lessee 28
agree to the terms of a proposed retail shop 29
lease; and 30
Page 46
Retail Shop Leases Amendment Bill 2015
[s 50]
(b) the prospective lessee gives the prospective 1
lessor a written notice to prepare a final 2
lease and the final lease is prepared; and 3
(c) the prospective lessee does not sign the final 4
lease; and 5
(d) the prospective lessor gives the prospective 6
lessee a copy of the prospective lessor's 7
invoice for expenses for the preparation of 8
the final lease. 9
(4) In this section-- 10
final lease means a lease to be signed by the 11
parties to give effect to the agreed terms of a 12
proposed retail shop lease. 13
Clause 50 Replacement of s 49 (Lessee's right to join or form 14
commercial associations) 15
Section 49-- 16
omit, insert-- 17
49 Lessee's right to join or form commercial 18
associations 19
A provision of a retail shop lease is void to the extent 20
that it has the effect of preventing or restricting the 21
lessee from-- 22
(a) joining any chamber of commerce, retail 23
trade association or other commercial 24
association; or 25
(b) forming or joining a lessees' association to 26
promote a retail shopping centre or for 27
another purpose of mutual interest to 28
lessees. 29
Clause 51 Replacement of s 50A (Release of assignor from lease) 30
Section 50A-- 31
omit, insert-- 32
Page 47
Retail Shop Leases Amendment Bill 2015
[s 52]
50A Release of assignor and any guarantor from 1
lease 2
(1) This section applies to the assignment of a retail 3
shop lease if-- 4
(a) the assignor of the lease has complied with 5
section 22B or any order mentioned in 6
section 22E(2) imposed on the assignor; and 7
(b) the disclosure statement given by the 8
assignor under section 22B or an order is not 9
a defective statement. 10
(2) When the assignment is entered into, the assignor 11
and any guarantor of the assignor are released 12
from any liability under the lease resulting from a 13
default by the assignee. 14
(3) In this section-- 15
defective statement, for a disclosure statement, 16
means a statement that-- 17
(a) is incomplete in a material particular; or 18
(b) contains information that is false or 19
misleading in a material particular. 20
50B Refurbishment and refitting 21
A provision of a retail shop lease requiring the lessee 22
to refurbish or refit the leased shop is void unless the 23
lease gives general details of the nature, extent and 24
timing of the refurbishment or refitting required. 25
Clause 52 Amendment of s 51 (Definitions) 26
Section 51, definition core trading hours, paragraph (b)(ii), 'the 27
lessees'-- 28
omit, insert-- 29
the greatest number of lessees 30
Page 48
Retail Shop Leases Amendment Bill 2015
[s 53]
Clause 53 Replacement of s 53 (Trading hours) 1
Section 53-- 2
omit, insert-- 3
53 Trading hours 4
(1) A provision of a retail shop lease that purports to 5
impose on the lessee an obligation to open the 6
leased shop for trading outside the core trading 7
hours for the retail shopping centre is void. 8
(2) However, a provision of a retail shop lease that 9
permits the lessee to open the leased shop for 10
trading outside the core trading hours for the 11
retail shopping centre by written agreement 12
between the lessee and the lessor is not void 13
under subsection (1). 14
(3) For an existing lease, a provision mentioned in 15
subsection (1) is void only to the extent that it 16
requires the lessee to open the leased shop for 17
trading outside the core trading hours for the 18
centre. 19
(4) Also, for an existing lease, the lessor must not 20
require the lessee to extend the hours that, 21
immediately before the commencement of the 22
Trading (Allowable Hours) Amendment Act 23
1994, the lessee was required to keep the leased 24
shop open for trading. 25
Maximum penalty--100 penalty units. 26
Clause 54 Insertion of new s 53A 27
Part 7-- 28
insert-- 29
53A Outgoings for trading outside core trading 30
hours 31
(1) A lessee under a retail shop lease (the first lessee) 32
is not liable under the first lessee's lease for any 33
additional outgoings of the lessor that are 34
Page 49
Retail Shop Leases Amendment Bill 2015
[s 55]
incurred only because an eligible lessee's shop is 1
open for trading outside the core trading hours at 2
a time when the first lessee's shop is not open for 3
trading. 4
(2) This section applies despite any provision of the 5
first lessee's lease. 6
Clause 55 Amendment of s 83 (QCAT orders) 7
(1) Section 83(2)(a), '(an enforcement order)'-- 8
omit. 9
(2) Section 83(2)(b), '(a payment order)'-- 10
omit. 11
Clause 56 Amendment of s 97 (Mediators' jurisdiction) 12
(1) Section 97(1)(b)(i)-- 13
omit. 14
(2) Section 97(1)(b)(ii) and (iii)-- 15
renumber as section 97(1)(b)(i) and (ii). 16
(3) Section 97(1)(c)-- 17
omit, insert-- 18
(c) under a retail shop lease for the carrying on 19
of the business of a service station, if the 20
Competition and Consumer (Industry 21
Codes--Oilcode) Regulation 2006 (Cwlth) 22
applies to the carrying on of the business 23
under a fuel re-selling agreement within the 24
meaning of that regulation; or 25
(d) if the amount, value or damages in dispute is 26
more than the monetary limit within the 27
meaning of the District Court of 28
Queensland Act 1967, section 68. 29
Page 50
Retail Shop Leases Amendment Bill 2015
[s 57]
Clause 57 Amendment of s 103 (QCAT's jurisdiction) 1
(1) Section 103(1)(b)(i)-- 2
omit. 3
(2) Section 103(1)(d)-- 4
omit, insert-- 5
(d) under a retail shop lease for the carrying on 6
of the business of a service station, if the 7
Competition and Consumer (Industry 8
Codes--Oilcode) Regulation 2006 (Cwlth) 9
applies to the carrying on of the business 10
under a fuel re-selling agreement within the 11
meaning of that regulation. 12
(3) Section 103(2)(d)-- 13
omit. 14
(4) Section 103(1)(b)(ii) and (iii)-- 15
renumber as section 103(1)(b)(i) and (ii). 16
Clause 58 Omission of pt 12, divs 1, 2 and 4 17
Part 12, divisions 1, 2 and 4-- 18
omit. 19
Clause 59 Renumbering of pt 12, divs 3 and 5 20
Part 12, divisions 3 and 5-- 21
renumber as part 12, divisions 1 and 2. 22
Clause 60 Insertion of new pt 12, div 3 23
Part 12-- 24
insert-- 25
Division 3 Provisions for Retail Shop 26
Leases Amendment Act 27
2015 28
Page 51
Retail Shop Leases Amendment Bill 2015
[s 60]
136 Definitions for div 3 1
In this division-- 2
amendment Act means the Retail Shop Leases 3
Amendment Act 2015. 4
former, in relation to a provision, means the 5
provision as in force immediately before the 6
amendment of the provision under the 7
amendment Act. 8
new, in relation to a provision, means the 9
provision as in force after the amendment of the 10
provision under the amendment Act. 11
137 Proposed retail shop leases before 12
commencement--when lease entered into 13
(1) This section applies in relation to a proposed 14
retail shop lease if, immediately before the 15
commencement, the prospective lessee and 16
prospective lessor-- 17
(a) have not, under the Act as then in force, 18
entered into the proposed lease; but 19
(b) would have entered into the proposed lease 20
under new section 11 if it had been in force. 21
(2) On and after the commencement, former section 22
11 continues to apply in relation to the proposed 23
lease. 24
138 Proposed assignment of retail shop 25
leases--when assignment entered into 26
(1) This section applies in relation to a proposed 27
assignment of a retail shop lease if, immediately 28
before the commencement, the prospective 29
assignee and prospective assignor-- 30
(a) have not, under the Act as in force 31
immediately before the commencement, 32
entered into the proposed assignment; but 33
Page 52
Retail Shop Leases Amendment Bill 2015
[s 60]
(b) would have entered into the proposed 1
assignment under new section 11A if it had 2
been in force. 3
(2) On and after the commencement, for deciding 4
whether the proposed assignment has been 5
entered into, the former schedule, definition of 6
entered into, continues to apply in relation to the 7
proposed assignment, instead of new section 8
11A. 9
139 Proposed retail shop leases before 10
commencement--lessor's disclosure 11
obligation 12
(1) This section applies in relation to a proposed 13
retail shop lease if-- 14
(a) the disclosure period under former section 15
22 for the proposed lease ends before the 16
commencement; and 17
(b) the proposed lease is entered into on or after 18
the commencement. 19
(2) On and after the commencement, former section 20
22 continues to apply in relation to the proposed 21
lease. 22
140 Proposed retail shop leases before 23
commencement--prospective lessee's 24
disclosure obligation 25
(1) This section applies in relation to a proposed 26
retail shop lease if-- 27
(a) a prospective lessee complies with former 28
section 22A for the proposed lease before 29
the commencement; and 30
(b) the proposed lease is entered into on or after 31
the commencement. 32
Page 53
Retail Shop Leases Amendment Bill 2015
[s 60]
(2) The prospective lessee is taken to have complied 1
with new section 22A. 2
141 Proposed assignment of retail shop leases 3
before commencement--assignor's disclosure 4
obligation to prospective assignee 5
(1) This section applies in relation to a proposed 6
assignment of a retail shop lease if-- 7
(a) the disclosure period under former section 8
22B(1) for the proposed assignment of the 9
lease ends before the commencement; and 10
(b) the proposed assignment is entered into on 11
or after the commencement. 12
(2) On and after the commencement, the assignor 13
and assignee are taken to have complied with 14
new section 22B in relation to the proposed 15
assignment. 16
(3) In this section-- 17
disclosure period, for an assignment of a retail 18
shop lease, means the period ending 7 days 19
before an assignor of a retail shop lease asks the 20
lessor to consent to the assignment. 21
142 Proposed assignment of retail shop leases 22
before commencement--prospective 23
assignee's disclosure obligation to lessor 24
(1) This section applies in relation to a proposed 25
assignment of a retail shop lease if-- 26
(a) a prospective assignee complies with former 27
section 22C(3) for the proposed assignment 28
of the lease before the commencement; and 29
(b) the assignment is entered into on or after the 30
commencement. 31
(2) The prospective assignee is taken to have 32
complied with new section 22C(3). 33
Page 54
Retail Shop Leases Amendment Bill 2015
[s 60]
143 Timing and bases of rent reviews of proposed 1
retail shop leases--major lessees 2
(1) This section applies in relation to a proposed 3
retail shop lease if-- 4
(a) a major lessee gives notice under former 5
section 27(8)(b) for the proposed lease 6
before the commencement; and 7
(b) the proposed lease is entered into on or after 8
the commencement. 9
(2) The notice is taken to be notice under new 10
section 27(8)(b). 11
144 Early determination of current market rent of 12
proposed retail shop leases--major lessees 13
(1) This section applies in relation to a proposed 14
retail shop lease if-- 15
(a) a major lessee gives notice under former 16
section 27A(1A)(b) for the proposed lease 17
before the commencement; and 18
(b) the proposed lease is entered into on or after 19
the commencement. 20
(2) The notice is taken to be notice under new 21
section 27A(1A)(b). 22
145 Current market rent determinations of 23
specialist retail valuers agreed to or 24
nominated before commencement 25
(1) This section applies in relation to a retail shop 26
lease if, before the commencement, a specialist 27
retail valuer is agreed to or nominated under 28
former section 28. 29
(2) On and after the commencement, former sections 30
28A and 29 continue to apply. 31
Page 55
Retail Shop Leases Amendment Bill 2015
[s 60]
146 Certain rent review provisions and ratchet rent 1
provisions--major lessee 2
(1) This section applies in relation to a retail shop 3
lease if, before the commencement, a major 4
lessee gives a lessor a notice under former section 5
27(8)(b). 6
(2) New sections 36(2) and 36A(3) do not apply. 7
147 Annual estimate of apportionable outgoings 8
(1) This section applies in relation to a retail shop 9
lease entered into within 1 month after the 10
commencement. 11
(2) It is sufficient compliance with new section 12
38A(2) if the lessor gives the outgoings estimate 13
within 1 month after the lease is entered into. 14
148 Marketing plans for promotion and advertising 15
(1) This section applies if, within 1 month after the 16
commencement, an accounting period for a retail 17
shop lease mentioned in new section 40A starts. 18
(2) It is sufficient compliance with new section 40A 19
if the lessor gives the marketing plan within 1 20
month after the accounting period starts. 21
149 Termination by lessee 22
(1) This section applies if, before the 23
commencement, a lessor gives a lessee a lessor's 24
termination notice for a retail shop lease under 25
former section 46I. 26
(2) On and after the commencement, former section 27
46J continues to apply in relation to the lease. 28
Page 56
Retail Shop Leases Amendment Bill 2015
[s 60]
150 Lessee's liability for costs associated with 1
preparation of lease before commencement 2
New section 48(3) applies to a retail shop lease, or a 3
proposed retail shop lease, whether or not the lessee 4
and lessor, or prospective lessee and lessor, enter into 5
the lease. 6
151 Release of assignor for particular 7
assignments of leases 8
(1) This section applies in relation to an assignment 9
of a retail shop lease if-- 10
(a) before the commencement, the assignor had 11
complied with former section 22B or any 12
order mentioned in former section 22E(2) 13
that was imposed on the assignor; and 14
(b) the disclosure statement given under that 15
section or in compliance with that order by 16
the assignor is not a defective statement 17
under former section 50A; and 18
(c) the assignment is entered into on or after the 19
commencement. 20
(2) On and after the commencement, new section 21
50A applies in relation to the assignment and 22
lease. 23
152 Particular leases in a retail shopping centre 24
(1) This section applies in relation to a lease of 25
premises in a retail shopping centre if-- 26
(a) immediately before the commencement, the 27
lease was a retail shop lease; and 28
(b) but for subsection (2), the lease would not 29
be a retail shop lease under new section 30
5A(3). 31
Page 57
Retail Shop Leases Amendment Bill 2015
[s 61]
(2) Despite new section 5A(3), on and after the 1
commencement, the lease continues to be a retail 2
shop lease under this Act. 3
153 Transitional regulation-making power 4
(1) A regulation (a transitional regulation) may 5
make provision of a saving or transitional nature 6
for which it is necessary to make provision to 7
allow or facilitate the change from the operation 8
of the unamended Act to the operation of the 9
amended Act. 10
(2) A transitional regulation may have retrospective 11
operation to a day not earlier than the 12
commencement. 13
(3) A transitional regulation must declare it is a 14
transitional regulation. 15
(4) This section and any transitional regulation 16
expire 1 year after the commencement. 17
(5) In this section-- 18
amended Act means this Act as in force after the 19
commencement. 20
unamended Act means this Act as in force 21
immediately before the commencement. 22
Clause 61 Amendment of schedule (Dictionary) 23
(1) Schedule, definitions conviction, defective statement, effective 24
rent basis, enforcement order, entered into, existing retail shop 25
lease, maintenance amounts, payment order, promotion 26
amounts, relocation action, retail business, retail shop, retail 27
shop lease and retail shopping centre-- 28
omit. 29
(2) Schedule-- 30
insert-- 31
Page 58
Retail Shop Leases Amendment Bill 2015
[s 61]
apportionable outgoings, for part 6, division 5, 1
see section 36B. 2
audited annual statement, for part 6, division 5, 3
see section 38B(1). 4
centre management entity, for a retail shopping 5
centre, means an entity that manages the centre. 6
former Act lease, for part 4, division 3, see 7
section 18. 8
maintenance amounts, for part 6, division 5, see 9
section 36B. 10
outgoings estimate, for part 6, division 5, see 11
section 38A(1). 12
promotion amounts, for part 6, division 5, see 13
section 36B. 14
prospective franchisee means a franchisee who 15
is to be granted a franchise licence under section 16
21D(1)(b) and is to carry on a retail business in 17
the way mentioned in section 21D(1)(c). 18
retail business see section 5C. 19
retail shop see section 5B. 20
retail shop lease see section 5A. 21
retail shopping centre see section 5D. 22
(3) Schedule, definition legal advice report, paragraph (c)-- 23
insert-- 24
(iii) a waiver notice to be given by the 25
person; and 26
(4) Schedule, definition lessee-- 27
insert-- 28
(c) for part 6, division 9, subdivisions 1 and 2, 29
does not include a lessee, sublessee or 30
franchisee mentioned in paragraph (b). 31
Page 59
Retail Shop Leases Amendment Bill 2015
© State of Queensland 2015
Authorised by the Parliamentary Counsel
Page 60
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