New South Wales Consolidated Acts

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RETAIL LEASES ACT 1994

- As at 1 July 2017
- Act 46 of 1994

TABLE OF PROVISIONS

           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

   16A.    Definitions
   16B.    Guarantees and other forms of security
   16BA.   Return of bank guarantees

           Division 2 - Deposit of security bonds with Secretary

   16C.    Deposit of security bonds with Secretary
   16D.    Deposit of existing security bonds with Secretary
   16E.    Provisions in leases relating to security bonds

           Division 3 - Payment out of security bonds

   16F.    Interpretation
   16G.    Application for payment
   16H.    Payment on application
   16I.    Payment after prescribed proceedings
   16J.    Excess not payable
   16K.    Appeal rights
   16L.    Withdrawal of application
   16M.    (Repealed)
   16N.    Miscellaneous provisions

           Division 4 - Enforcement provisions

   16O.    Receipts to be given for security bonds
   16P.    (Repealed)
   16Q.    Offences and penalty
   16R.    Offences by corporations
   16S.    Time for commencing proceedings for offences

           Division 5 - Accounts

   16T.    Accounts
   16U.    Retail Leases Security Bonds Trust Account
   16V.    Retail Leases Security Bonds Interest Account
   16W.    Agents of Secretary

           Division 6 - General

   16WA.   Arrangements for online delivery of services
   16X.    Exemptions
   16Y.    Continuous occupation
   16Z.    Annual report
   16ZA.   Service of notices and other documents on Secretary
   16ZB.   Recovery of money
   16ZC.   Regulations

   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

   62C.    Interpretation and application of Division
   62D.    Misleading or deceptive conduct in connection with retail leases
   62E.    Right to compensation

   PART 8 - DISPUTE RESOLUTION

           Division 1 - Preliminary

   63.     Interpretation

           Division 2 - Mediation

   64.     The Registrar
   65.     Functions of Registrar
   66.     Mediation of disputes and other matters
   67.     The nature of mediation
   68.     Disputes and other matters must be submitted to mediation before proceedings can be taken
   69.     Statements made during mediation not admissible

           Division 3 - Determination of claims by Civil and Administrative Tribunal

   70.     Definitions
   71.     Lodging of retail tenancy claims with Tribunal
   71A.    Lodging of unconscionable conduct claims with Tribunal
   71B.    Lodging of claims after 3 years
   72.     Powers of Tribunal relating to retail tenancy claims
   72AA.   Powers of Tribunal relating to unconscionable conduct claims
   72AB.   Power of Tribunal to order rectification of lease or disclosure statement
   72A.    Power of Tribunal to award interest
   73.     Monetary limit on Tribunal's jurisdiction
   74.     (Repealed)
   75.     Removal of court proceedings to the Tribunal
   76.     Jurisdictional overlap
   76A.    Removal of proceedings to Supreme Court
           77-77C. (Repealed)

   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
           SCHEDULE 1A
           SCHEDULE 2
           SCHEDULE 2A
           SCHEDULE 3


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