Retail Leases Act 1994 No 46

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Contents (1994 - 46)

Retail Leases Act 1994 No 46
Status information
Long title
Part 1 Preliminary
- Note
- 1 Name of Act
- 2 Commencement
- 3 Definitions
- 3A Definition of “outgoings”
- 3B Application of Act to agreements to lease
- 4 Notes
- 5 Certain retail shops excluded from the operation of this Act
- 6 Leases to which Act does not apply
- 6A Application of Act to short-term leases
- 6B Application of Act to retail shops in markets
- 7 This Act overrides leases
- 8 When the lease is entered into
Part 2 Entering into a lease
- 9 Copy of lease and retail tenancy guide to be provided at negotiation stage
- 10 Right to compensation for pre-lease misrepresentations
- 11 Lessor’s disclosure statement
- 11A Lessee’s disclosure statement
- 12 Lessee not required to pay undisclosed contributions
- 12A Lessee not required to pay undisclosed outgoings
- 13 Costs before fit-out
- 13A Tenancy fit-out statement or guide
- 14 Key-money and lease preparation expenses prohibited
- 15 Lessee to be provided with executed copy of lease
- 16 Certain leases must be registered
Part 2A Security bonds
- Division 1 Preliminary
- Division 2 Deposit of security bonds with Secretary
- Division 3 Payment out of security bonds
- Division 4 Enforcement provisions
- Division 5 Accounts
- Division 6 General
Part 3 Rent and outgoings
- 17 Payment of rent when lessor’s fitout not completed
- 18 Restrictions on adjustment of base rent
- 19, 19A (Repealed)
- 20 Turnover rent
- 21 Special rent—cost of fitout
- 21A (Repealed)
- 22 Recovery of outgoings from lessee
- 22A Recovery by lessor of GST
- 23 Capital costs not recoverable from lessee
- 24 Depreciation not recoverable from lessee
- 24A Interest and charges incurred by lessor on borrowings not recoverable from lessee
- 24B Rent and other costs associated with other land not recoverable from lessee
- 25 Sinking fund for major repairs and maintenance
- 25A Limits on sinking funds
- 25B Sinking fund repayment
- 26 Limit on recovery of land tax
- 27 Outgoings estimates
- 28 Outgoings statements
- 28A Non-provision of outgoings estimate or statement
- 29 Adjustment of contributions to outgoings based on actual expenditure properly and reasonably incurred
- 30 Non-specific outgoings contribution limited by ratio of lettable area
- 31 Determination of current market rent
- 31A Information supplied to valuer
- 32 Opportunity for lessee to have current market rent determined early
- 32A Review of current market rent determinations
- 32B Appointment of specialist retail valuers
Part 4 Alterations and other interference with the shop
- 33 Lessee to be given notice of alterations and refurbishment
- 34 Lessee to be compensated for disturbance
- 34A Relocation
- 35 Demolition
- 36 Damaged premises
- 37 Employment restriction
- 38 Refurbishment and refitting
Part 5 Assignment and termination
- 39 Grounds on which consent to assignment can be withheld
- 40 Key-money on assignment prohibited
- 41 Procedure for obtaining consent to assignment
- 41A Protection of assignor of lease for ongoing business
- 42 Lessor may reserve right to refuse sublease, mortgage
- 43 Application of Conveyancing Act 1919
- 44 Notice to lessee of lessor’s intentions at end of lease
- 44A Negotiations for renewal or extension of lease
- 45 Key-money and lease preparation expenses for renewal or extension prohibited
Part 6 Miscellaneous
- 46 Trading hours
- 47 Information about turnover from online transactions
- 48 Independent legal advice
Part 7 Additional requirements for retail shopping centres
- 49 Part applies only to retail shopping centres
- 50 Confidentiality of turnover information
- 51 Statistical information to be made available to lessee
- 52 Advertising and promotion requirements
- 53 Marketing plan for advertising and promotion
- 54 Six-monthly advertising and promotion expenditure statement to be made available to lessees
- 55 Annual advertising and promotion expenditure statement to be given to lessees
- 55A Non-provision of marketing plan or advertising and promotion statement
- 56 Unexpended advertising and promotion contributions to be carried forward
- 57 (Repealed)
- 58 Termination for inadequate sales prohibited
- 59 Geographical restrictions
- 60 Tenants association
- 61 Trading hours
- 62 Special provision for strata shopping centres
Part 7A Unconscionable conduct and misleading or deceptive conduct
- Division 1 Unconscionable conduct
  - 62A Application of Division
  - 62B Unconscionable conduct in retail shop lease transactions
- Division 2 Misleading or deceptive conduct
Part 8 Dispute resolution
- Division 1 Preliminary
  - 63 Interpretation
- Division 2 Mediation
- Division 3 Determination of claims by Civil and Administrative Tribunal
Part 9 Ancillary interpretation provisions
- 78 Interpretation based on industry practice
- 78A Meaning of “the Act” in leases
- 79 Leases partly for retail shops and partly for other premises
- 80 Meaning of “renewal” of lease
Part 9A Sydney (Kingsford-Smith) Airport
- 80A Application
- 80B Non-retail premises exempted
- 80C Leases in master concessions over 1,000 square metres exempted
- 80D Exemption from section 34
- 80E Exemption from section 39
- 80F Exemption from section 50
Part 10 General
- 81 Extension of term—effect on Real Property Act 1900
- 81A Service of documents and notices
- 82 Exemptions from Act
- 82A Certain transport and rail authorities
- 82B Delegation by Secretary
- 83 Act binds Crown
- 83A Penalty notices
- 84 Proceedings for offences
- 84A Savings and transitional provisions
- 84B Transitional provisions regarding alteration of list of businesses: existing leases
- 84C Transitional provisions regarding additions to list of businesses: shopping centres
- 85 Regulations
- 86 Review of Act
Schedule 1 Retail shop businesses
Schedule 1A Excluded uses
Schedule 2 Lessor and lessee disclosure statements
Schedule 2A Assignor’s disclosure statement
Schedule 3 Savings and transitional provisions
Historical notes

Retail Leases Act 1994 No 46

Current version for 1 July 2018 to date (accessed 1 March 2020 at 23:59)

Status information

Currency of version
Current version for 1 July 2018 to date (accessed 1 March 2020 at 23:59)
Legislation on this site is usually updated within 3 working days after a change to the legislation.

Provisions in force
The provisions displayed in this version of the legislation have all commenced. See Historical Notes

Responsible Minister
Minister for Finance and Small Business

Authorisation
This version of the legislation is compiled and maintained in a database of legislation by the Parliamentary Counsel's Office and published on the NSW legislation website, and is certified as the form of that legislation that is correct under section 45C of the Interpretation Act 1987.

File last modified 1 July 2018.