Queensland Subordinate Legislation as Made

RETAIL SHOP LEASES AND OTHER COMMERCIAL LEASES (COVID-19 EMERGENCY RESPONSE) REGULATION 2020

- Made under the COVID-19 Emergency Response Act 2020
- As at 28 May 2020
- Reg 79 of 2020

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Short title
   2.      Declaration
   3.      Main purposes
   4.      Definitions
   5.      Meaning of affected lease
   6.      Prescribed relevant leases—Act, s 23
   7.      References to carrying on a business—non-profit entities
   8.      Disapplication of Retail Shop Leases Act 1994, pt 5 in particular circumstances

   PART 2 - OBLIGATIONS OF LESSORS AND LESSEES UNDER AFFECTED LEASES

           Division 1 - Preliminary

   9.      What is a prescribed action
   10.     Part applies subject to agreement

           Division 2 - General obligations

   11.     Parties to affected lease must cooperate
   12.     Lessor under affected lease must not take prescribed action during response period
   13.     Lessor must not increase rent

           Division 3 - Obligations for negotiating outcomes

   14.     Parties must renegotiate rent payable and other conditions
   15.     Negotiating rent payable and other conditions
   16.     Further rent negotiations
   17.     Requirements relating to deferred rent
   18.     Extending lease for period of waiver or rent deferral
   19.     Lessor may reduce services for leased premises
   20.     Confidentiality

   PART 3 - DISPUTE RESOLUTION

           Division 1 - Preliminary

   21.     Application of part
   22.     Parties’ rights under this part apply
   23.     Parties may use alternative ways to resolve disputes
   24.     Relationship with Retail Shop Leases Act 1994

           Division 2 - Obligation of parties

   25.     Parties must attempt to resolve dispute before starting mediation

           Division 3 - Starting mediation

   26.     Giving dispute notice
   27.     Small business commissioner must arrange mediation conference
   28.     Representation
   29.     Conference to be held in private
   30.     Parties must attend conference
   31.     Who else may participate in mediation conference
   32.     Settlement agreements
   33.     Notifying outcome of mediation
   34.     Admissions made during mediation conference
   35.     Withdrawal of dispute notice
   36.     Exclusion of other proceedings if mediation started
   37.     Costs

           Division 4 - Mediators

   38.     Functions of mediators
   39.     When mediator must not mediate dispute
   40.     Interaction with and application of Retail Shop Leases Act 1994

           Division 5 - QCAT proceedings

   41.     When person may apply
   42.     Jurisdiction of QCAT
   43.     Constitution of QCAT
   44.     QCAT orders

           Division 6 - Proceedings generally

   45.     Matters court or tribunal may consider for eligible lease disputes
   46.     Enforcing settlement agreement

   PART 4 - MISCELLANEOUS

   47.     General exemption under lease for lessee complying with COVID-19 response measures
   48.     Suspension of prescribed action by lessor started during pre-commencement period

   PART 5 - TRANSITIONAL PROVISION

   49.     Retail tenancy disputes started before commencement
           SCHEDULE 1