Retail Leases Act 2022

Subject to section 9, this Act does not apply to – a lease of retail premises with a lettable area of more than 1 000 square metres; or a lease of premises if the premises are not retail premises at the time at which the retail lease is entered into or is renewed; or a retail lease for a term of less than 6 months, where there is no right for the tenant to extend the lease (whether by means of an option to extend or to renew the lease or otherwise); or subject to subsections (2) and (3), a retail lease entered into, or renewed, before the commencement of this section.

The Fair Trading (Code of Practice for Retail Tenancies) Regulations 1998, as in force immediately before this section commences – subject to subsection (3), continue to apply to a lease, within the meaning of those regulations, referred to in subsection (1)(d) and to which those regulations applied immediately before the commencement of this section; and are taken to remain in force in respect of a lease referred to in paragraph (a) if those regulations are rescinded while this section applies to such a lease.

Despite subsection (1), the regulations may prescribe that any one or more of the provisions of this Act apply in respect of a lease, or class of leases, specified in subsection (1)(d).