Queensland Consolidated Acts

RETAIL SHOP LEASES ACT 1994 - SECT 97

97 Mediators’ jurisdiction

(1) A mediator has jurisdiction to mediate a retail tenancy dispute or small business dispute, other than a dispute—

(a) about an issue between the parties that—

(i) is the subject of arbitration; or

(ii) has been the subject of an award (interim or final) in an arbitration proceeding; or

(iii) is before, or has been decided by, a court; or

(b) about—

(i) the amount of rent payable under a retail shop lease or other lease the subject of a small business dispute; or

(ii) the amount of a lessor’s outgoings under a retail shop lease or other lease the subject of a small business dispute; or

(c) under a retail shop lease for the carrying on of the business of a service station, if the Competition and Consumer (Industry Codes—Oilcode) Regulation 2006 (Cwlth) applies to the carrying on of the business under a fuel re-selling agreement within the meaning of that regulation; or

(d) if the amount, value or damages in dispute is more than the monetary limit within the meaning of the District Court of Queensland Act 1967 , section 68 .

(2) For subsection (1) (a) (i) , a retail tenancy dispute or small business dispute is only the subject of arbitration if the arbitration proceeding has started.

(3) However, a mediator has jurisdiction to mediate a retail tenancy dispute or small business dispute about—

(a) the procedure for the determination of rent payable under a lease, but not the actual amount of the rent; or

(b) the basis on which lessor’s outgoings are payable by, and the procedure for charging lessor’s outgoings to, a lessee under a lease, but not the actual amount of the outgoings; or

(c) for a retail shop lease—whether an item, or part of an item, of the lessor’s outgoings for the retail shopping centre or leased building in which a leased shop is situated was reasonably incurred in, or directly attributable to, the operations, maintenance or repair of the centre or building.