Retail Shop Leases Regulation 1994

Queensland Retail Shop Leases Act 1994 Retail Shop Leases Regulation 1994 Reprinted as in force on 12 July 2000 Reprint No. 1B * This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy * Minor differences in presentation between this reprint and another reprint with the same number are due to the conversion to new styles. The content has not changed.

Information about this reprint This regulation is reprinted as at 12 July 2000. The reprint— • shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)) • incorporates all necessary consequential amendments, whether of punctuation, numbering or another kind (Reprints Act 1992 s 5(d)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Minor editorial changes allowed under the provisions of the Reprints Act 1992 have also been made to use aspects of format and printing style consistent with current drafting practice (s 35). This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, hard copy and electronic, are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If a hard copy reprint is dated earlier than an electronic version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of a hard copy reprint is the same as the date shown for an electronic version previously published, it merely means that the electronic version was published before the hard copy version. Also, any revised edition of the previously published electronic version will have the same date as that version. Replacement reprint date If the date of a hard copy reprint is the same as the date shown on another hard copy reprint it means that one is the replacement of the other.

Queensland Retail Shop Leases Regulation 1994 Contents 1 2 2A 3 4 5 6 7 8 9 Schedule Page Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Businesses prescribed as retail businesses. . . . . . . . . . . . . . . . . 3 Prescribed premises. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Lessor’s disclosure statement—Act, ss 22 and 22C(1) . . . . . . . . 3 Prospective lessee’s disclosure statement—Act, s 22A . . . . . . . . 6 Assignor’s disclosure statement—Act, s 22B(1). . . . . . . . . . . . . . 6 Prospective assignee’s disclosure statement—Act, ss 22B(2) and 22C(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Financial advice certificate—Act, s 22D . . . . . . . . . . . . . . . . . . . . 9 Legal advice certificate—Act, s 22D . . . . . . . . . . . . . . . . . . . . . . 10 Fee for dispute notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Goods or services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Endnotes 1 2 3 4 5 6 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 24 24 25 25 25

s1 3 s3 Retail Shop Leases Regulation 1994 Retail Shop Leases Regulation 1994 [as amended by all amendments that commenced on or before 12 July 2000] 1 Short title This regulation may be cited as the Retail Shop Leases Regulation 1994 . 2 Businesses prescribed as retail businesses (1) A business whose whole or predominant activity is, or is a combination of, the sale, hire or supply of goods or services mentioned in the Schedule is a retail business. (2) The wholesale sale of goods is not a retail business. 2A Prescribed premises For paragraph (e) of the definition retail shop lease in section 5 of the Act, premises with a floor area of more than 10000 m 2 are a prescribed type of premises. 1 3 Lessor’s disclosure statement—Act, ss 22 and 22C(1) The following are the particulars for a disclosure statement given by a lessor under sections 22 and 22C(1) of the Act— (a) names of the lessor and lessee; (b) address and description of the leased shop; (c) term of the lease; (d) date the lease starts; (e) details of any option to renew the lease; 1 Under the definition, a lease of a prescribed type of premises is not a retail shop lease.

s3 4 s3 Retail Shop Leases Regulation 1994 (f) amount of the initial rent calculated yearly (other than rent based on turnover) or the method of calculating the initial rent; (g) details of any rent free or reduced rent period; (h) details of any rent review (whether during the term of the lease or a period covered by an option to renew the lease); (i) mention of any provisions of the lease relating to— (i) the giving of information to the lessor about turnover of the lessee’s business; and (ii) the payment of turnover rent; (j) details of payments to be made by the lessee under the lease for the lessor’s outgoings; (k) details of the lessee’s liability to make payments under section 48(2) (Lessee’s liability for costs associated with preparation etc. of lease) of the Act; (l) details of the lessee’s liability to pay promotion amounts; (m) date or estimated date when the leased shop will be available for fit out by the lessee; (n) details of the lessee’s liability for fit out costs of the leased shop; (o) details of the fit out costs of the leased shop to be paid by the lessor; (p) details of the trading hours for the leased shop; (q) details of any provision in the lease for relocation of the lessee to different premises; (r) lessee’s permitted use of the leased shop and whether or not the use is exclusive to the lessee; (s) mention of the agreements to be entered into by the lessor and lessee in relation to the lease; (t) if the leased shop is, or is to be, situated in a retail shopping centre— (i) the name and address of the centre; and

s3 5 s3 Retail Shop Leases Regulation 1994 (ii) the total number of shops in the centre when the disclosure statement is given; and (iii) the leased shop’s area or estimated area; and (iv) the centre’s lettable area or estimated lettable area; and (v) the number of parking bays available for customers of the shop; and (vi) the number of parking bays available for the lessee or the lessee’s employees; and (vii) details of facilities provided by the lessor; and (viii) details of the lessee’s entitlement to use part of the centre’s common areas for trading; and (ix) details of the types of businesses carried on by the centre’s tenants when the disclosure statement is given; and (x) whether the types of businesses carried on by the centre’s tenants is to change during the term of the lease and details of any proposed changes; and (xi) if there is a tenants’ association for the centre—information about the association including contributions payable by members and members’ voting rights; and (xii) details of any intended changes to the centre approved by the local government for the area in which the centre is situated; (u) details of any intended conduct by the lessor that may affect the lessee’s or assignee’s business during the term of the lease or assignment; (v) whether, under section 22A of the Act, the lessor requires the prospective lessee to give the lessor a disclosure statement; (w) if, under section 22C(1) of the Act, the lessor is giving the statement to a prospective assignee— (i) details of any unresolved retail tenancy dispute that may affect the assignee; and

s4 6 s5 Retail Shop Leases Regulation 1994 (ii) whether, under section 22C(2) of the Act, the lessor requires the prospective assignee to give the lessor a disclosure statement. 4 Prospective lessee’s disclosure statement—Act, s 22A The following are the particulars for a disclosure statement given by a prospective lessee under section 22A of the Act— (a) the names of the lessor and prospective lessee; (b) the prospective lessee’s address; (c) if the prospective lessee is a corporation—sufficient information to identify the corporation; (d) the number of retail business premises leased by the prospective lessee when the disclosure statement is given; (e) details of anything known to the prospective lessee that may affect the prospective lessee’s ability to meet the financial and other obligations of the lease; (f) details of statements or representations made by the lessor or the lessor’s agent during lease negotiations and being relied on by the prospective lessee; (g) a declaration that no other promises, representations, warranties or undertakings have been made by the lessor or lessor’s agent to the prospective lessee about the premises or the business to be carried on in the premises; (h) confirmation that, under section 22 of the Act, the lessor has given the prospective lessee a draft of the lease and a disclosure statement. 5 Assignor’s disclosure statement—Act, s 22B(1) The following are the particulars for a disclosure statement given by an assignor under section 22B(1) of the Act— (a) the names of the assignor and prospective assignee; (b) the address and description of the leased shop;

s5 7 s5 Retail Shop Leases Regulation 1994 (c) the area of the leased shop; (d) the date the lease ends; (e) details of any options to renew the lease and the next date for exercising an option; (f) details of rent, outgoings, promotion amounts and other charges payable to the lessor under the lease; (g) the basis for a rent review under the lease and the date for the next review; (h) if assignment of the lease involves the continuation by the prospective assignee of the business carried on by the assignor—details of the sales figures and trading performance of the business for the last 5 years or, if the assignor has carried on the business for a period of less than 5 years, for the period; (i) details of any outstanding notices from the lessor under the lease; (j) details of any outstanding notices from any government body or authority in relation to the retail shop; (k) details of any encumbrance on the lease; (l) details of any encumbrance on any of the fixtures or fittings in the shop; (m) details of the ownership of any fixtures or fittings in the shop not owned by the assignor; (n) details of any rent concessions or other benefits applicable to the balance of the term of the lease; (o) whether the lease contains a provision releasing the assignor from liability under the lease on assignment of the lease; (p) a declaration that the assignor has given the assignee a copy of the disclosure statement given by the lessor to the assignor before the assignor entered the lease, with details of any changes in the information contained in the statement that have happened since the statement was given;

s6 8 s6 Retail Shop Leases Regulation 1994 (q) whether, under section 22B(2) of the Act, the assignor requires the prospective assignee to give the assignor a disclosure statement. 6 Prospective assignee’s disclosure statement—Act, ss 22B(2) and 22C(2) The following are the particulars for a disclosure statement given by a prospective assignee under sections 22B(2) or 22C(2) of the Act— (a) the names of the assignor and prospective assignee; (b) the prospective assignee’s address; (c) if the prospective assignee is a corporation—sufficient information to identify the corporation; (d) the number of retail business premises leased by the prospective assignee when the disclosure statement is given; (e) details of anything known to the prospective assignee that may affect the prospective assignee’s ability to meet the financial and other obligations of the lease; (f) details of statements or representations made by the assignor during lease negotiations and being relied on by the prospective assignee; (g) a declaration that no other promises, representations, warranties or undertakings have been made by the assignor to the prospective assignee about the premises or the business to be carried on in the premises; (h) confirmation that, under section 22B(1) of the Act, the assignor has given the prospective assignee a disclosure statement; (i) if, under section 22C(2) of the Act, the prospective assignee is giving the statement to the lessor— (i) the name of the lessor; and (ii) details of statements or representations made by the lessor or the lessor’s agent during lease negotiations and being relied on by the prospective assignee; and

s7 9 s7 Retail Shop Leases Regulation 1994 (iii) a declaration that no other promises, representations, warranties or undertakings have been made by the lessor or lessor’s agent to the prospective assignee about the premises or the business to be carried on in the premises; and (iv) confirmation that, under section 22C(1) of the Act, the lessor has given the prospective assignee a disclosure statement and a copy of the lease. 7 Financial advice certificate—Act, s 22D The following are the particulars for a financial advice certificate given by a prospective lessee or prospective assignee under sections 22D of the Act— (a) the name of the person signing the certificate (the accountant ); (b) the name of the prospective lessee or prospective assignee; (c) the name of the lessor; (d) the address of the retail shop; (e) a statement that the accountant has given advice about the prospective lessee or prospective assignee’s financial rights and obligations under the lease including— (i) the rent, outgoings and other payments; and (ii) the potential financial impact of the rent review; and (iii) the fact that the operation of the business is restricted by the term of the lease; (f) a statement that the accountant has advised the prospective lessee or prospective assignee to obtain further professional advice including advice about the following— (i) the volume of sales required to meet all costs of carrying on the business including capital costs, loan repayments and salary for the business operator;

s 8 10 s 8 Retail Shop Leases Regulation 1994 (ii) appropriate accounting and financial reporting systems; (iii) cash flow forecasting; (iv) sales budget forecasting; (v) taxation requirements; (g) a declaration by the accountant about any relationship, whether professional or personal, that the accountant has with the lessor; (h) a statement by the prospective lessee or prospective assignee about receiving and understanding the advice mentioned in the certificate. 8 Legal advice certificate—Act, s 22D The following are the particulars for a legal advice certificate given by a prospective lessee or prospective assignee under sections 22D of the Act— (a) the name of the barrister or solicitor signing the certificate; (b) the name of the prospective lessee or prospective assignee; (c) the name of the lessor; (d) the address of the retail shop; (e) a statement that the barrister or solicitor has given advice about the following matters in relation to the lease— (i) the rent, outgoings and other payments and how they are calculated; (ii) the rent review; (iii) the liability to contribute to outgoings; (iv) the term of the lease; (v) any special or unusual terms or conditions of the lease;

s 8 11 s 8 Retail Shop Leases Regulation 1994 (vi) whether a repayable bond or guarantee is required under the lease; (vii) whether the lease contains an option to renew; (viii) if the lease does not contain an option to renew—any rights the lessee or assignee may have to extend the lease; (ix) the obligations on all parties at the end of the lease; (x) any terms or conditions of the lease that allow the proposed lessee or proposed assignee’s business to be relocated to other premises; (xi) uses permitted for the retail shop premises under the lease; (xii) the consequences of a breach of a term or condition of the lease; (f) a statement that the barrister or solicitor has advised the prospective lessee or prospective assignee to obtain further professional advice including advice about the following— (i) town planning matters, including the licences or permits required to carry on the business intended in the retail shop; (ii) building laws, including the appropriate classification under the Building Act 1975 to carry on the business intended in the retail shop; (iii) the statutory approvals required to carry on a retail business of the type intended; (iv) financial advice about the operation of the retail business intended to be carried on; (g) a statement that the barrister or solicitor is not providing advice about, or making comment on, the following— (i) the financial viability of the business intended to be carried on; (ii) the ability of the prospective lessee or prospective assignee to meet the financial commitments under the lease;

s 9 12 s 9 Retail Shop Leases Regulation 1994 (iii) accounting requirements or taxation implications of entering the lease; (h) a declaration by the barrister or solicitor about any relationship, whether professional or personal, that the barrister or solicitor has with the lessor; (i) a statement by the prospective lessee or prospective assignee about receiving and understanding the advice mentioned in the certificate. 9 Fee for dispute notice The fee under section 55(2) (Lodgment of retail tenancy disputes) of the Act is $100.00.

13 Retail Shop Leases Regulation 1994 Schedule Goods or services Antique and used goods retailing Antiques Coins Disposals stores Pawnbroking Second hand books Second hand clothes Second hand furniture Second hand goods Second hand jewellery Stamp dealing Bread and cake retailing Bakeries selling directly to consumers Biscuits Bread Cakes Cheesecakes Pastries Pies Quiches Clothing retailing Bridal wear sale or hire Clothing Clothing accessories section 2

14 Retail Shop Leases Regulation 1994 Schedule (continued) Clothing alterations and repairs Clothing hire Costume wear sale or hire Embroidery Equestrian wear Formal wear sale or hire Fur clothing Gloves Handbags Hosiery Leather clothing Lingerie Millinery Screen-printing Sunglasses Work clothing Dine in retailing Café Carveries Coffee lounges Fast food Restaurants Snack bars Domestic appliance retailing Air conditioners Barbecue equipment Computers

15 Retail Shop Leases Regulation 1994 Schedule (continued) Electronic appliance hire Electronic equipment or supplies Fans Floor polishers Gas heating appliances Heating equipment Hot water systems Household appliances Kerosene heaters Mobile phones Oil heaters Pocket calculators, electronic Radio receiving sets Refrigerators Shavers, electric Sound reproducing equipment Stoves Television antennae Television sets Vacuum cleaners Washing machines Domestic hardware and household goods retailing Brushware Chinaware Cooking utensils Crockery Cutlery

16 Retail Shop Leases Regulation 1994 Schedule (continued) Dinnerware Enamelware Fixtures and fittings Garden tools Glassware Hardware, domestic Household goods Kitchenware Lawn mowers Lighting products Paint Picnicware Plastic containers Plumbing Silverware Tools Wall decorations Wallpaper Fabrics and other soft goods retailing Beads Blankets Curtains Drapery Dressmaking supplies Fabrics, textiles Haberdashery Household textiles

17 Retail Shop Leases Regulation 1994 Schedule (continued) Interior decorations Linen, household Piece-goods Soft furnishings Yarns Floor covering retailing Carpets Floor coverings Floor rugs Floor tiles Parquetry Flower retailing Cut flowers Display foliage Dried flowers Floral accessories Florist Hydroponics Plant pots Footwear and footwear repair retailing Footwear Footwear repair Fresh meat, fish and poultry retailing Butchers Delicatessens

18 Retail Shop Leases Regulation 1994 Schedule (continued) Meat retailing Poultry, fresh Seafood, fresh Fruit and vegetable retailing Fruit, fresh Greengroceries Vegetables, fresh Furniture retailing Antique reproduction furniture Awnings Bedding Blinds Furniture, household Furniture, office Mattresses Household appliance installation and repair services (electrical) Household appliance installations Household appliance repairs Liquor retailing, for off-premises consumption Alcoholic beverages Beer-making and soft drink-making supplies Miscellaneous retailing Adult merchandise Amusement parlours

19 Retail Shop Leases Regulation 1994 Schedule (continued) Aquariums Art Bar accessories Batteries, other than motor vehicle batteries Boat chandlery Briefcases Children’s amusements Condoms Craft Crystals Department stores Dry cleaning and laundry Duty free Engraving Fairy Flags Glamour photography or makeover studios Irrigation and pumps Key cutting or duplicating Leather goods Motor vehicle accessories, other than tyre shops Office equipment Party supplies Pets and pet supplies Prams Service stations 2 2 See section 17 (Application of Act to leases of service stations) of the Act.

20 Retail Shop Leases Regulation 1994 Schedule (continued) Small job printers Souvenirs Swimming pool and spa accessories Tobacco, cigarettes and accessories Travel agencies and booking Travel goods Trophies Umbrellas Music and video hire and retailing Audio cassettes Compact discs Digital video discs Music equipment Musical instruments Phonograph records Video cassettes Newspaper, book, stationery, arts and crafts retailing Artists’ supplies Books Casket and gaming tickets Gifts Gift wrapping Greeting cards Magazines Newsagencies Novelties Periodicals

21 Retail Shop Leases Regulation 1994 Schedule (continued) Picture framing Postcards Prints and posters Religious goods Rubber stamps Stationery Writing materials Pharmaceutical, cosmetic and toiletry retailing Barbers Beauty products Beauty salons Body piercing Cosmetics Hairdressing Hearing aids Optical goods Perfumes Pharmacies Tattoos Toiletries Wigs Photographic equipment retailing Cameras Fast photo processing Photographic equipment Photographic film or paper

22 Retail Shop Leases Regulation 1994 Schedule (continued) Projectors Video cameras Specialised food retailing Confectionery Fruit juices Health and vitamin products Non-alcoholic drinks Nuts Smallgoods Specialised foods Sport and camping equipment retailing Ammunition Bait and fishing tackle Bicycles Camping equipment Firearms Martial arts equipment Snow skis Sporting equipment Surf boards and accessories Supermarket and grocery stores Convenience or mixed businesses Groceries Grocery supermarkets

23 Retail Shop Leases Regulation 1994 Schedule (continued) Takeaway food (ready for immediate consumption) retailing Chicken, cooked Cut lunches Fish and chips Hamburgers Ice cream Milk drinks Pizza Soft drinks Take away foods Toy and game retailing Dolls Games Hobby equipment Hobby supplies Toy and game repairs Toys Watch and jewellery retailing Clocks Jewellery Precious stones Watches

24 Retail Shop Leases Regulation 1994 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 12 July 2000. Future amendments of the Retail Shop Leases Regulation 1994 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No.[X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered

25 Retail Shop Leases Regulation 1994 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 1A Amendments to none SL No. 72 of 1997 Effective Reprint date 10 November 1994 9 April 1997 Reprint No. 1B Amendments included SL No. 172 of 2000 Effective Notes 5 List of legislation Retail Shop Leases Regulation 1994 SL No. 387 made by the Governor in Council on 27 October 1994 notfd gaz 28 October 1994 pp 813–5 commenced on date of notification exp 1 September 2005 (see SIA s 54) Note—The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. amending legislation— Retail Shop Leases Amendment Regulation (No. 1) 1997 SL No. 72 notfd gaz 27 March 1997 pp 1333–6 commenced on date of notification Retail Shop Leases Amendment Regulation (No. 1) 2000 SL No. 172 notfd gaz 30 June 2000 pp 736–48 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2000 (see s 2) 6 List of annotations Businesses prescribed as retail businesses s 2 amd 2000 SL No. 172 s 4 Prescribed premises s 2A ins 1997 SL No. 72 s 3 Lessor’s disclosure statement—Act, ss 22 and 22C(1) prov hdg sub 2000 SL No. 172 s 5(1) s 3 amd 2000 SL No. 172 s 5(2)–(3)

26 Retail Shop Leases Regulation 1994 Prospective lessee’s disclosure statement—Act, s 22A s 4 ins 2000 SL No. 172 s 7 Assignor’s disclosure statement—Act, s 22B(1) s 5 ins 2000 SL No. 172 s 7 Prospective assignee’s disclosure statement—Act, ss 22B(2) and 22C(2) s 6 ins 2000 SL No. 172 s 7 Financial advice certificate—Act, s 22D s 7 ins 2000 SL No. 172 s 7 Legal advice certificate—Act, s 22D s 8 ins 2000 SL No. 172 s 7 Fee for dispute notice s 9 (prev s 4) renum 2000 SL No. 172 s 6 SCHEDULE—GOODS OR SERVICES sub 2000 SL No. 172 s 8 © State of Queensland 2005