Retail Shop Leases Act 1994 (Qld)

Retail Shop Leases Act 1994

An Act about retail shop leases

Part 1 Preliminary

1 Short title This Act may be cited as the Retail Shop Leases Act 1994.

Part 2 Object of Act and its achievement

3 Object of Act The main object of this Act is to promote efficiency and equity in the conduct of certain retail businesses in Queensland.

4 How main object of Act to be achieved The main object of this Act is to be achieved through— (a) mandatory minimum standards for retail shop leases; and (b) a low cost dispute resolution process for retail tenancy disputes.

Part 3 Interpretation

Division 1 Standard definitions

5 Definitions The dictionary in the schedule defines particular words used in this Act.

Division 2 Key concepts

5A Meaning of retail shop lease (1) A retail shop lease is a lease of a retail shop. (2) However, a retail shop lease does not include a lease of any of the following— (a) a retail shop with a floor area of more than 1,000m2; (b) a retail shop within the South Bank corporation area if the lease is entered into or granted by the South Bank Corporation and is either— (i) a perpetual lease; or (ii) another lease for a term, including renewal options, of at least 100 years; (c) premises used wholly or predominantly for the carrying on of a business by a lessee for a lessor as the lessor's employee or agent; (d) premises in a theme or amusement park; (e) premises at a flea market, including an arts and crafts market; (f) a temporary retail stall at— (i) an agricultural or trade show; or (ii) a carnival, festival or cultural event; (g) premises that, if the premises were not leased, would be premises within a common area of a retail shopping centre, but only if the premises are used for 1 or more of the following— (i) an information, entertainment, community or leisure facility; (ii) telecommunication equipment; (iii) an automatic teller machine; (iv) a vending machine; (v) an advertisement display; (vi) storage; (vii) parking. (3) Also, a retail shop lease does not include a lease of premises located in a retail shopping centre if— (a) the premises are not used wholly or predominantly for carrying on a retail business; and (b) at the time the lease is entered into, either— (i) if the premises are located on a level of a multi-level building—the retail area of the level is 25% or less of the total lettable area of the level; or (ii) if the premises are located in a single level building—the retail area of the building is 25% or less of the total lettable area of the building. Examples for paragraph (b)— 1 A lease of premises for an accounting practice on level 4 of a retail shopping centre is not a retail shop lease if, at the time the lease is entered into, 75% of the total lettable area of level 4 is used wholly for professional or commercial offices. 2 A lease of premises for a medical centre in a stand-alone single level building within the parking area of a retail shopping centre is not a retail shop lease if, at the time the lease is entered into, 80% of the total lettable area of the building is used wholly for providing medical services. (4) The retail area, for a level or building in a retail shopping centre, is the area of the level or building comprising premises used wholly or predominantly for carrying on retail businesses. (5) The total lettable area, for a level or building in a retail shopping centre, is the total area of all the premises of the level or building that are— (a) leased or occupied; or (b) available for lease or occupation.