How Do I Know if the Retail Leases Act Applies to My Shop?
< Back to Property and Leasing ArticlesIt’s sometimes tough for business owners to know whether the Retail Leases Act applies to their shopfront. Tenants have greater protections under retail leasing legislation, so it’s important to correctly identify whether this applies to your business. Factors such as location or lease term might exclude certain properties. Below, we break down the retail legislation in each state, when it applies as well as the exceptions to help you understand which laws apply to your business.
New South Wales
Legislation | When Does it Apply? | Exceptions |
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Retail Leases Act 1994 (NSW) |
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Queensland
Legislation | When Does it Apply? | Exceptions |
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Retail Shop Leases Act 1994 (QLD) |
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Victoria
Legislation | When Does it Apply? | Exceptions |
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The Retail Leases Act 2003 |
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South Australia
Legislation | When Does it Apply? | Exceptions |
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Retail and Commercial Leases Act 1995 |
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Tasmania
Legislation | When Does it Apply? | Exceptions |
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Fair Trading (Code of Practice for Retail Tenancies) Regulations 1998 |
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Western Australia
Legislation | When Does it Apply? | Exceptions |
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Commercial Tenancy (Retail Shops) Agreements Act 1985 |
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Australian Capital Territory
Legislation | When Does it Apply? | Exceptions |
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Leases (Commercial and Retail) Act 2001 |
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Northern Territory
Legislation | When Does it Apply? | Exceptions |
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Business Tenancies (Fair Dealings) Act 2003 |
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Key Takeaways
Although the legislation is state-specific, a retail lease will typically apply if the business:
- is located in a shopping centre or the business’ primary function is to provide retail goods or services;
- has a lease term of more than one month (and in some states, six months); and
- is operated by a tenant who is not a publicly listed company and is not carrying on business activities on the landlord’s behalf.
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