New South Wales Consolidated Acts

RETAIL LEASES ACT 1994 - SECT 16

16 Certain leases must be registered

(1) If a retail shop lease is for a term of more than 3 years or if the parties to the lease have agreed that the lease is to be registered, the lessor must lodge the lease for registration in accordance with the Real Property Act 1900 within 3 months after the lease is returned to the lessor or the lessor's lawyer or agent following its execution by the lessee.

: Maximum penalty--50 penalty units.

(2) The 3-month period within which a lease must be lodged for registration is to be extended for any delay attributable to--

(a) the need to obtain any consent from a head lessor or mortgagee (being delay not due to any failure by the lessor to make reasonable efforts to obtain consent), or

(b) requirements arising under the Real Property Act 1900 that are beyond the control of the lessor.

(3) For the purposes of this section, the term of a retail shop lease includes any term for which the lease may be extended or renewed at the option of the lessee.

Note : For example, a retail shop lease is for a term of more than 3 years if it is for a term of 1 year with an option to renew for a further term of greater than 2 years.

(4) This section does not affect the operation of the Real Property Act 1900 .