South Australian Current Regulations

RETAIL AND COMMERCIAL LEASES REGULATIONS 2010 - NOTES

Legislative history

Notes

• Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.

• Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.

• For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.

Legislation revoked by principal regulations

The Retail and Commercial Leases Regulations 2010 revoked the following:

Retail and Commercial Leases Regulations 1995

Principal regulations and variations

New entries appear in bold.

Year	No	Reference	Commencement
2010	199	Gazette 26.8.2010 p4584	1.9.2010: r 2
2010	200	Gazette 26.8.2010 p4599	4.4.2011: r 2
2020	57	Gazette 14.5.2020 p963	1.7.2020: r 2
2021	42	Gazette 22.4.2021 p1221	22.4.2021: r 2

Provisions varied

New entries appear in bold.

Entries that relate to provisions that have been deleted appear in italics.

Provision	How varied	Commencement
r 2	omitted under Legislation Revision and Publication Regulations 2002	4.4.2011
r 4
r 4(1)	inserted by 200/2010 r 4	4.4.2011
	deleted by 57/2020 r 4(1)	1.7.2020
	inserted by 42/2021 r 4	22.4.2021
r 4(2)	r 4 redesignated as r 4(2) by 200/2010 r 4	4.4.2011
	varied by 57/2020 r 4(2)	1.7.2020
r 8A	inserted by 57/2020 r 5	1.7.2020
r 12
r 12(1)	varied by 57/2020 r 6(1), (3)	1.7.2020
	(c) deleted by 57/2020 r 6(2)	1.7.2020
r 14
r 14(1)	varied by 57/2020 r 7	1.7.2020
Sch 1	varied by 57/2020 r 8(1), (2)	1.7.2020
Sch 2
Pt 1	omitted under Legislation Revision and Publication Regulations 2002	4.4.2011

Historical versions

4.4.2011
1.7.2020

Appendix A—Monetary obligations under lease

Part 1—Rent

1—Base rent

The base rent payable for the shop is or is calculated as follows:
[Insert amount or formula.]

2—Basis on which base rent may be changed

The base rent may be changed on the following basis:
[Insert description of rent review arrangements.]

3—Other rent

Other rent payable for the shop is or is calculated as follows:
[Insert amount or formula.]

Part 2—Capital expenditure

4—Permissible obligations (section 13 of Retail and Commercial Leases Act 1995)

The lessee will be liable for capital expenditure as follows:
[Tick 1 or more boxes as applicable.]

☐ to pay or reimburse the cost of making good damage to the premises arising when the lessee is in possession or entitled to possession of the premises

☐ to fit or refit the shop as set out in the attachment marked "Shop fitting or refitting obligations"
[The attachment must include sufficient details to enable the lessee to obtain an estimate of the likely cost of complying with the obligation.]

☐ to provide fixtures, plant or equipment as set out in the attachment marked "Fixtures, plant or equipment obligations"
[The attachment must include sufficient details to enable the lessee to obtain an estimate of the likely cost of complying with the obligation.]

☐ to contribute to a sinking fund to cover major items of repair or maintenance as set out in the attachment marked "Sinking fund obligations"
[The attachment must include reasonable details of the lessee's obligations.]

Part 3—Outgoings

5—Categories and estimate of annual liability

The lessee will be liable to pay or reimburse outgoings as follows:

Category of outgoings	Estimate of lessee's annual liability
local government rates and charges
emergency services levy
electricity
gas and oil
water and sewerage rates and charges
sewerage disposal and sullage
energy management systems
air conditioning/ventilation
building intelligence and emergency systems
fire protection
security
lifts and escalators
public address/music
signs
public telephones
insurance
pest control
uniforms
car parking
child minding
gardening
cleaning
audit fees
management costs
maintenance and repairs
other [specify]
Total

[Tick 1 box.]

☐ The lessee is liable for the full amount of the outgoings.

☐ The lessee is liable for a proportion of the outgoings calculated according to the following formula:
[If different according to category, provide category and formula in each case.]

6—Margin of profit

[Tick 1 box.]

☐ The amount the lessee is required to pay towards outgoings does not include a margin of profit for the lessor.

☐ The amount the lessee is required to pay towards outgoings includes a margin of profit for the lessor as follows:
[Provide the percentage profit or the basis on which the profit is to be calculated.]

Part 4—Other monetary obligations

7—Other

[Tick 1 box.]

☐ The lessee will not be liable for any other kinds of monetary obligations.

☐ The lessee will also be liable for the following kinds of monetary obligations:
[Provide details of other kinds of monetary obligations and, if possible, an estimate of the annual cost of complying with those obligations.]

Appendix B—Retail shopping centre details

1—Shopping centre details

Name of shopping centre:

Address of shopping centre:

2—Number of shops and lettable area

Total number of shops in shopping centre:

Total lettable area of shops in shopping centre:

3—Parking facilities at shopping centre

Number of parking bays for customers of shop:

Number of parking bays for lessee and lessee's employees:

4—Facilities and services provided by lessor

The lessor provides the following facilities and services:
[Describe nature of facilities and services.]

5—Proposed changes to shopping centre

[Tick 1 box.]

☐ No changes to the shopping centre are proposed.

☐ It is proposed to make changes to the shopping centre as follows:
[Describe the nature of the changes including any changes to the buildings, parking and surrounding roads and, if a development application is to be lodged, details of when and with whom it is to be lodged. Attach details (in attachment marked "Proposed changes to shopping centre") or include details of where to obtain further information.]

6—Core trading hours

Core trading hours:

7—Current tenant mix and any proposed changes

The current tenant mix is shown on the attachment marked "Current tenant mix" comprised of a floor plan showing tenancies and common areas.

[Tick 1 box.]

☐ No changes to the current tenant mix are proposed.

☐ It is proposed to change the current tenant mix as follows:
[Describe changes or show on attachment marked "Proposed changes to current tenant mix".]

The lease may contain provisions governing the process for changes to the tenant mix.

8—Introduction of competitor

[Tick 1 box.]

☐ The lessee is assured that the current tenant mix will not be altered to the lessee's disadvantage by the introduction of a competitor.

☐ The lessor is not prepared to give the lessee an assurance that the current tenant mix will not be altered to the lessee's disadvantage by the introduction of a competitor.

9—Tenant association

[Tick 1 box.]

☐ There is no tenant association for the centre.

☐ The attachment marked "Details of tenant association" gives details of the nature of the tenant association for the centre, the voting rights of members and the contributions payable by members.

10—Advertisement etc of shopping centre

[Tick 1 box.]

☐ Contributions are not required towards the costs of advertising and promoting the shopping centre.

☐ The following is an estimate of the annual contributions that are or may be required towards the costs of advertising and promoting the shopping centre:
[Insert estimate.]

Form 2—Assignor's disclosure statement under section 45A of Retail and Commercial Leases Act 1995

1—Details of lessor

Name of lessor:
Contact details:

2—Details of shop for which lease is to be assigned

Address: [Provide sufficient details to identify the shop.]

3—Lessor's disclosure statement

[Tick 1 box.]

☐ The assignor has not provided the assignee with a copy of the lessor's disclosure statement in respect of the lease, together with details of any changes to the information contained in the disclosure statement since the statement was given.

☐ The assignor has provided the assignee with a copy of the lessor's disclosure statement in respect of the lease, together with details of any changes to the information contained in the disclosure statement since the statement was given.

4—Outstanding notices in respect of lease

[Tick 1 box.]

☐ There are no outstanding notices in respect of the lease.

☐ There are the following outstanding notices in respect of the lease:

Name of person giving notice:

Date of notice:

Details of notice:

5—Outstanding notices from any authority in respect of shop

[Tick 1 box.]

☐ There are no outstanding notices from any authority in respect of the retail shop.

☐ There are the following outstanding notices from an authority in respect of the retail shop:

Authority giving notice:

Date of notice:

Details of notice:

6—Encumbrances on lease

[Tick 1 box.]

☐ There are no encumbrances on the lease.

☐ There are the following encumbrances on the lease:

Name of holder of encumbrance:

Nature of encumbrance:

[Tick 1 box.]

☐ The encumbrance is to be discharged or satisfied prior to assignment of the lease.

☐ The encumbrance is not to be discharged or satisfied prior to assignment of the lease.

7—Encumbrances on, and third party interests in, fixtures and fittings within retail shop

[Tick 1 box.]

☐ There are no encumbrances on, or interests of a third party in, any fixtures or fittings within the retail shop.

☐ There are the following encumbrances on, or interests of a third party in, any fixtures or fittings within the retail shop:

Name of holder of encumbrance or interest:

Details of fixtures or fittings affected:

Nature of encumbrance or interest:

[Tick 1 box.]

☐ All encumbrances and interests are to be discharged or satisfied prior to assignment of the lease.

☐ The following encumbrances or interests are not to be discharged or satisfied prior to assignment of the lease:
[Insert details.]

8—Rent concessions or other benefits

[Tick 1 box.]

☐ The lessor has not conferred any rent concessions or other benefits on the assignor during the term of the lease.

☐ The lessor has conferred the following rent concessions or other benefits on the assignor during the term of the lease:
[Insert details.]

9—Annual sales figures

The total (aggregate) annual sales figures in respect of the retail shop during the past 3 years (or such lesser period as the lease has been in operation) are as follows:
[Insert details.]

10—Other information as to trading performance

The following further information has been provided by the assignor to the assignee as to the trading performance of the retail shop during the past 3 years (or such lesser period as the lease has been in operation):
[Insert details.]

Date:
Signature of assignor:
Name:
Address:

Acknowledgment of receipt

I acknowledge receipt of this disclosure statement.

Date:
Signature of assignee:
Name:
Address:

Schedule 2—Transitional provision

Part 2—Transitional provision

2—Transitional provision

A disclosure statement given under section 12 or section 45A of the Act before 1 December 2010 that is presented in the form required by the revoked Retail and Commercial Leases Regulations 1995 will be taken to be presented in the form required by these regulations.