Proposed changes to the Retail Shop Leases Act 1994 (Qld)
The Retail Shop Leases Amendment Bill 2015 (Qld) (the Bill) was introduced into Parliament on 13 October 2015. The Bill has been introduced in response to the mandatory statutory review of the Retail Shop Leases Act 1994 (Qld) and replaces the 2014 Bill that lapsed due to the change in Government.
Under the proposed changes, the types of leases excluded from the operation of the Act are expanded:
|
Type of lease |
Current position under the Act |
Proposed position if the bill is passed |
|
Large premises |
Leases are excluded if the premises are 1,000m2 or moreand the tenant is a listed corporation or a subsidiary of a listed corporation. |
Leases will be excluded if the premises are 1,000m2 or more and regardless of whether the tenant is a listed corporation or a subsidiary of a listed corporation. |
|
Commercial leases in a retail shopping centre |
The Act applies to a lease in a 'retail shopping centre' (as defined), unless the particular lease is excluded from the Act. Commercial offices located within retail shopping centres are often caught by the Act. |
Non retail businesses located in a single level building will be excluded from the Act if 25% or less of the building is retail area. Retail area is the area of the level or the building comprising premises used wholly or predominantly for carrying on retail businesses.Non retail businesses located in a multi-level building will be excluded from the Act if the level of the building the premises are located on contains 25% or less retail area. |
|
Common area tenancies |
Certain common area tenancies are excluded from the Act, but the list of excluded tenancies does not specifically mention ATMs or vending machines. |
ATMs, vending machines and advertisement displays will now be specifically excluded from the Act. |
A more comprehensive overview of the key changes proposed by the Bill will be released.
A copy of the Bill and the Explanatory Notes for the Bill can be viewed on the Office of Queensland Parliamentary Counsel website.
The Bill may be subject to a further consultation process and amendment. We will provide further updates about the progress of the Bill.
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.