Retail Leasing Update  Queensland

Retail Leasing Update
Queensland

The Retail Shop Leases Amendment Act 2016 (Qld) commenced on 25 November 2016. The amending act resulted from a consultative statutory review of the Act. The amendments are intended to: reduce red tape throughout the QLD retail sector; align the QLD legislation with other jurisdictions; and balance the bargaining positions of landlords and tenants. Excluded tenancies s5A(2)(a) now echoes other jurisdictions in excluding from the application of the Act premises with a floor area of more than 1,000 square metres. Previously, this exclusion only applied if the tenant of the 1,000 square metre…Read more
Review of Queensland’s Retail Leasing Legislation

Review of Queensland’s Retail Leasing Legislation

The Queensland Department of Justice and Attorney-General has released a Discussion Paper, designed to “form the basis of the consultation process for the review” of the Retail Shop Leases Act 1994. The need for the review stems from section 122 of the Act which provides that every seven years: “The Minister must carry out reviews of the operation of this Act to decide whether its provisions remain appropriate” Like so much of the retail leasing legislation in Australia, this enactment is ambiguous. On one view, the section calls for a line by line…Read more