Queensland Consolidated Acts

RETAIL SHOP LEASES ACT 1994 - SECT 14

14 Application of Act—if premises become or cease to be a retail shop after commencement of lease

(1) In relation to a lease of premises that become a retail shop only after the commencement of the lease, this Act does not apply to—

(a) the lease; or

(b) an assignment of the lease; or

(c) a renewal of the lease under an option under the lease.

Example for subsection (1)(a)—

On 1 April 2016 a person enters into a 3-year lease for carrying on a business that is not a retail business from premises that are not in a retail shopping centre. Accordingly, the premises are not a retail shop as defined in the schedule. However, on 1 September 2016, the business is prescribed by regulation as a retail business. Under this subsection, this Act does not apply to the lease even though the premises become a retail shop on this second date.

(2) In relation to a lease of premises that cease to be a retail shop after the commencement of the lease, this Act continues to apply to—

(a) the lease; or

(b) an assignment of the lease; or

(c) a renewal of the lease under an option under the lease.

Example for subsection (2)(a)—

On 1 April 2016 a person enters into a 3-year lease for the conduct of a business that is not a retail business from premises in a retail shopping centre. On 1 September 2016, the cluster of premises in which the leased premises are situated ceases to be a retail shopping centre and the business is still not a retail business. Under this subsection, this Act continues to apply to the lease even though the premises are no longer a retail shop.