Retail and Commercial Leases Act 1995 (SA)

South Australia Retail and Commercial Leases Act 1995 An Act regulating the leasing of certain retail shops; to amend the Landlord and Tenant Act 1936; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 Application of Act 5 This Act overrides leases 6 When the lease is entered into 6A Valuer‑General to review prescribed threshold Part 2—Administration 7 Administration of Act 9 Commissioner's functions Part 3—Before the lease is entered into 11 Copy of lease to be provided to prospective lessee 12 Lessee to be given disclosure statement 13 Certain obligations to be void 14 Lease preparation costs 15 Premium prohibited 16 Lease documentation 18 Warranty of fitness for purpose Part 4—Security 19 Security bond 20 Repayment of security 20AA Return of bank guarantees Part 4A—Term of lease and renewal Division 1—Preliminary 20A Objects Division 2—Initial term of lease 20B Minimum 5 year term Division 3—Renewal of shopping centre leases Subdivision 1—Application of this Division 20C Application of Division Subdivision 2—Rules of conduct at end of term 20D Preference to be accorded to existing lessee 20E Implementation of preferential right 20F Notice of absence of right of preference 20G Consequences of failing to begin negotiations or give notice Subdivision 3—Remedies for non-compliance with rules 20H Failure to comply with rules Division 4—Other cases 20I Application of this Division 20J Notice to lessee of lessor's intentions at end of lease Division 5—General provisions 20K Certified exclusionary clause 20L Premium for renewal or extension prohibited 20M Unlawful threats 20N Exclusion of legal consequences for which express provision is not made Part 5—Rent and outgoings 21 Payment of rent when lessor's fitout not completed 22 Restrictions on adjustment of base rent 23 Reviews to current market rent 24 Turnover rent 26 Recovery of outgoings from lessee 29 Sinking fund for major repairs and maintenance 30 Land tax not to be recovered from lessee 31 Estimates and explanations of outgoings to be provided by lessor 32 Lessor to provide auditor's report on outgoings 33 Adjustment of contributions to outgoings based on actual expenditure properly and reasonably incurred 34 Non-specific outgoings contribution limited by ratio of lettable area 35 Determination of current market rent under options to renew 36 Opportunity for lessee to have current market rent determined early Part 6—Alterations and other interference with the shop 37 Lessee to be given notice of alterations and refurbishment 38 Lessee to be compensated for disruption etc 39 Demolition 40 Damaged premises 41 Employment restriction Part 7—Assignment and termination 43 Grounds on which consent to assignment can be withheld 44 Premium on assignment prohibited 45 Procedure for obtaining consent to assignment 45A Liability of lessee following assignment of lease 46 Lessor may reserve right to refuse sublease, mortgage Part 8—Additional requirements for retail shopping centres 50 Part applies only to retail shopping centres 51 Confidentiality of turnover information 52 Statistical information to be made available to lessee 53 Advertising and promotion requirements 54 Marketing plan for advertising and promotion 55 Lessor to provide auditor's report on advertising and promotion expenditure 56 Unexpended advertising and promotion contributions to be carried forward 57 Relocation 58 Termination for inadequate sales prohibited 59 Geographical restrictions 60 Associations representing lessees 61 Trading hours 62 Special provision for strata and community shopping centres 62A Casual Mall Licensing Code Part 9—Dispute resolution Division 1—Mediation 63 Responsibility of the Commissioner to arrange for mediation of disputes 64 Mediation of disputes 65 Stay of proceedings 66 Statements made during mediation Division 2—Intervention 67 Power to intervene Division 3—Jurisdiction of the Magistrates Court 68 Jurisdiction of the Magistrates Court 69 Substantial monetary claims Part 10—Retail Leases Fund 70 The Fund 71 Application of income 72 Accounts and audit Part 11—Retail Shop Leases Advisory Committee 73 Advisory Committee 74 Functions of Advisory Committee Part 12—Miscellaneous 75 Vexatious acts 76 Abandoned goods 77 Exemptions 78 Annual reports 79 Time for prosecutions 80 Regulations 81 Amendment of the Landlord and Tenant Act Schedule—Casual Mall Licensing Code 1 Interpretation 2 Casual mall licence policy 3 Provision of information 4 Obligations of lessor relating to casual mall licence policy 5 Sightlines to shopfront 6 Competitors 7 Special events 8 Adjustment of outgoings 9 Rectification of certain breaches Legislative history