Retail Leases Act 2003

A retail premises lease where the retail premises are located in a retail shopping centre is taken to provide as set out in this section if the tenant is liable under the lease to pay an amount for the costs of, or associated with, carrying out works to alter any of the following to enable the proposed fit out of the premises—

the electrical reticulation at the premises;

the automatic sprinkler system at the premises;

the power or gas supply to the premises;

the layout of air-conditioning ducts or registers;

the location of exhausts;

telephone or electrical cabling;

such other things as are prescribed by the regulations.

The works must be carried out by a person or persons with suitable skills and experience engaged, or approved, by the landlord.

The maximum cost of the works, or a basis or formula with respect to those costs, is to be agreed in writing by the landlord and tenant before the works begin.

If the landlord and tenant cannot agree on the maximum cost of the works or a basis or formula with respect to those costs, the maximum cost is to be determined by an independent quantity surveyor appointed by—

agreement between the landlord and tenant; or

if there is no agreement, the Small Business Commission—

The tenant is not liable to pay an amount in respect of the works that is more than the maximum cost agreed by the landlord and tenant, or determined by the independent quantity surveyor, as the case may be.