Retail and Commercial Leases Act 1995

This

However, this Act does not apply to a retail shop lease—

on or after the relevant day (whether the lease was entered into before or after that day), subject to subsection (3), during any period in respect of which the amount of rent payable under the lease exceeds the prescribed threshold (regardless of whether the Act applies or does not apply to the lease at the time the lease is entered into or renewed because of the amount of rent payable under the lease); or

if the lease is for a term of 1 month or less; or

if the right of occupation arises under—

an agreement for the sale and purchase of premises; or

a mortgage; or

a scheme under which a group of adjacent premises is owned by a company and the premises comprising the group are let by the company to persons who jointly have a controlling interest in the company;

if the lessee is—

an

a body corporate authorised by law to carry on the business of insurance; or

the

a municipal or district council or other authority with powers and functions of local government; or

if the lessee is—

in the case of a lease entered into on or after the relevant day—a public company, or a subsidiary of a public company, other than a public charitable company or a subsidiary of a public charitable company; or

in the case of a lease entered into before the relevant day or a lease renewed after the relevant day (whether on the same or different terms) pursuant to a right or option conferred by a lease entered into before the relevant day—a public company, or a subsidiary of a public company (including a public charitable company or a subsidiary of a public charitable company); or

if, in the case of a lease entered into on or after the prescribed day—

the lessee is a body corporate that is incorporated in any jurisdiction outside the Commonwealth of Australia; or

the lessee is a body corporate that is a subsidiary of, or is controlled by, a body corporate that is incorporated in any jurisdiction outside the Commonwealth of Australia; or

if, in the case of a lease entered into on or after the relevant day—

the lessor is—

the

a municipal or district council or other authority with powers and function of local government; and

the lessee is of a class specified by the regulations for the purposes of this paragraph.

Despite subsection (2)(a), this Act does not apply to—

a retail shop lease—

that is lodged for registration by the lessor within 3 months after both parties have executed the lease, and in relation to which the lessor has provided written notice of lodgement to the lessee within

that remains registered for the term of the lease; and

under which, at the time the lease is lodged for registration, the rent payable exceeds the prescribed threshold; or

any renewal of a retail shop lease referred to in paragraph (a)—

that is, following execution by both parties, lodged for registration by the lessor not later than 2 months after the day on which the lease would, but for the renewal, expire, and in relation to which the lessor has provided written notice of lodgement to the lessee within 1 month of lodgement; and

that remains registered for the term of the renewed lease, despite the fact that—

the prescribed threshold is subsequently increased such that the rent payable under the lease or renewed lease (as the case requires) no longer exceeds the prescribed threshold (and the Act would otherwise apply in relation to the lease or renewed lease by virtue of the operation of subsection (2)(a));

the amount of rent payable under the lease or renewed lease (as the case requires) is decreased (for example, as a result of a review of rent under the lease), such that the rent payable under the lease or renewed lease no longer exceeds the prescribed threshold (and the

Subsection (3)—

does not apply to, or in respect of—

a retail shop lease entered into before the relevant day (regardless of any registration of the lease on or after the relevant day); or

despite any other Act or law, the renewal of a retail shop lease on or after the relevant day, pursuant to a right or option conferred by a retail shop lease entered into before the relevant day (regardless of any registration of the renewal of the lease on or after the relevant day); but

may apply to, or in respect of, a new retail shop lease (whether on the same or different terms) entered into by an existing lessee and lessor after the relevant day.

The regulations may exclude from the application of this Act (either conditionally or unconditionally) a specified class of retail shop leases.

To avoid doubt, this Act may apply, or cease to apply to a retail shop lease of a kind referred to in subsection (2)(d),

or (g) depending on whether the lessee or lessor becomes, or ceases to be, a lessee or lessor of a kind referred to in the relevant paragraph during the term of the lease—

in the case of a retail shop lease of a kind referred to in subsection (2)(d),

or

—on or after the relevant day; or

in the case of a retail shop lease of a kind referred to in subsection

In this section—