Proposed changes to the Retail Shop Leases Act 1994
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
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
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
Retail area is the area of the level or the building comprising
premises used wholly or predominantly for carrying on retail
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
ATMs, vending machines and advertisement displays will now be
specifically excluded from the Act.
comprehensive overview of the key changes proposed by the Bill will
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
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