Queensland Consolidated Acts

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RETAIL SHOP LEASES ACT 1994 - SECT 97

Mediators’ jurisdiction

97 Mediators’ jurisdiction

(1) A mediator has jurisdiction to mediate retail tenancy disputes, other than a retail tenancy 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
(ii) the amount of a lessor’s outgoings under a retail shop lease; 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 is only the subject of arbitration if the arbitration proceeding has started.
(3) However, a mediator has jurisdiction to mediate a retail tenancy dispute about—
(a) the procedure for the determination of rent payable under a retail shop 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 retail shop lease, but not the actual amount of the outgoings; or
(c) 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.



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