Retail Shop Leases Act 1994 - Queensland

Service summary

To promote efficiency and equity in the conduct of certain retail businesses in Queensland.

The Act regulates the making of retail shop leases and provides for the resolution of disputes under such leases.

It prescribes mandatory minimum standards for retail shop leases and sets out the rights and obligations of lessors and lessees in retail shop leasing matters.

The Retail Shop Leases Regulation prescribes:

  • a schedule of businesses that are retail businesses;
  • particulars of disclosure statements which must be provided prior to a prospective lessee entering into a retail shop lease;
  • fees for lodging a retail tenancy dispute.

QCAT can assist dispute resolution regarding retail shop leases.  Registry staff can only provide advice on QCAT procedural matters.

The following Subordinate Legislation should be examined:

  • Retail Shop Leases Regulation 2006

Service type

Regulatory Obligation

An obligation defined in law. A business must comply with relevant services.

Definition of terms

Retail shop

premises that are

  • situated in a retail shopping centre; or
  • used wholly or predominantly for carrying on one or more retail businesses.
Retail shop lease

a lease of a retail shop but not including:

  • a retail shop with a floor area of more than 1,000 sq metres, by a public corporation or a listed corporations subsidiary
  • premises in a theme or amusement park
  • premises at a flea market, including an arts and crafts market; or a temporary retail stall at an agricultural or trade show or a carnival, festival or cultural event
  • another type of premises prescribed by regulation, including premises with a floor area of more than 10,000 square metres
  • premises that, if the premises were not leased, would be premises within a common area for a retail shopping centre, but only if the premises are used for one or more of the following
    1. information, entertainment, community or leisure facilities;
    2. telecommunication equipment;
    3. displaying advertisements;
    4. storage parking.
Retail shopping centre

a cluster of premises having all of the following attributes:

  • five or more of which are used wholly or predominantly for carrying on retail businesses
  • all the premises
    1. are owned by the one person; or
    2. have the one lessor, or head lessor, or, if the premises were leased, would have the one lessor or head lessor; or
    3. comprise lots within a single community titles scheme
  • all the premises are located in
    1. one building; or
    2. two or more buildings if
      1. the buildings are adjoining; or
      2. if the premises are owned by the one person the buildings are separated by common areas owned by the owner or a road
      3. if the premises are not owned by the one person the buildings are separated by common areas or a road
  • the cluster of premises is promoted, or generally regarded, as constituting a shopping centre, shopping mall, shopping court or shopping arcade.

 

Additional information

Any person who intends to enter into a retail shop lease agreement should first obtain advice from a solicitor and an accountant regarding the Retail Shop Leases Act.

Appeal

Appeal process

Lodgement

Compliance Mechanisms and Penalties:

Fines may be imposed for breaches of the Act. Penalties may be imposed as a result of a dispute coming before the Tribunal.

Review or Appeal Mechanisms:

Further information on appealing against a decision of the Queensland Civil and Administrative Tribunal can be found on the QCAT website.


Administering agency

Department of Justice and Attorney-General
Justice Services
Queensland Civil and Administrative Tribunal

Contact details

Department of Justice and Attorney-General
Justice Services
Queensland Civil and Administrative Tribunal


Operating address:
Level 9 Bank of Qld. Centre 259 Queen Street
Brisbane
Queensland 4000
Mailing address:
GPO Box 1639
BRISBANE
Queensland 4001

Phone:

1300 753 228

Fax:

07 3221 9156
enquiries@qcat.qld.gov.au

Website:

Queensland Civil and Administrative Tribunal Opens in a new browser window

Supporting information

Disclaimer

The information contained on the Australian Business Licence and Information Service (ABLIS) web site, or via packages or other sources is intended for general guidance only.

To the full extent permitted by law, the Federal, State, Territory and Local Governments make no representations or warranties (expressed or implied) in relation to the information, including its accuracy, currency or completeness.

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