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:
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
information, entertainment, community or leisure facilities;
- 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
are owned by the one person; or
have the one lessor, or head lessor, or, if the premises were leased, would have the one lessor or head lessor; or
comprise lots within a single community titles scheme
all the premises are located in
one building; or
two or more buildings if
the buildings are adjoining; or
if the premises are owned by the one person the buildings are separated by common areas owned by the owner or a road
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.
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.
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.
Department of Justice and Attorney-General
Queensland Civil and Administrative Tribunal
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