{"id":"business-tenancies-fair-dealings-regulations-2004","name":"BUSINESS TENANCIES (FAIR DEALINGS) REGULATIONS 2004","slug":"business-tenancies-fair-dealings-regulations-2004","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174374,"registerId":"nt-business-tenancies-fair-dealings-regulations-2004-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"BUSINESS TENANCIES (FAIR DEALINGS) REGULATIONS 2004","content":"NORTHERN TERRITORY OF AUSTRALIA\nBUSINESS TENANCIES (FAIR DEALINGS) REGULATIONS 2004\nAs in force at 24 May 2017\nTable of provisions\nPart 1 Preliminary\n1 Citation ............................................................................................ 1\n2 Commencement .............................................................................. 1\nPart 2 Forms\n3 Prescribed forms ............................................................................. 1\n4 Landlord's disclosure statement ...................................................... 1\n5 Tenant's disclosure statement ......................................................... 1\n6 Assignor's disclosure statement ...................................................... 1\n7 Application for determination of retail tenancy claim........................ 2\n8 Certificate of failure to resolve tenancy claim .................................. 2\nPart 3 Miscellaneous\n9 Conciliator: qualifications of Commissioner's delegate .................... 2\n10 Exemptions from Act ....................................................................... 2\nSchedule Prescribed forms\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 24 May 2017\n____________________\nBUSINESS TENANCIES (FAIR DEALINGS) REGULATIONS 2004\nRegulations under the Business Tenancies (Fair Dealings) Act 2003\nPart 1 Preliminary\n1 Citation\nThese Regulations may be cited as the Business Tenancies (Fair\nDealings) Regulations 2004.\n2 Commencement\nThese Regulations come into operation on the commencement of the\nBusiness Tenancies (Fair Dealings) Act 2003.\nPart 2 Forms\n3 Prescribed forms\nA reference in these Regulations to a form by number is a reference\nto the form of that number in the Schedule.\n4 Landlord's disclosure statement\nFor section 19(2) of the Act, the information or material to be\ncontained in or attached to a landlord's disclosure statement is\nspecified in Form 1, Part A.\n5 Tenant's disclosure statement\nFor section 21(2) of the Act, the information or material to be\ncontained in or attached to a tenant's disclosure statement is\nspecified in Form 1, Part B.\n6 Assignor's disclosure statement\nFor section 56(d) of the Act, the information or material to be\ncontained in or attached to an assignor's disclosure statement is\nspecified in Form 2.\n\nPart 3 Miscellaneous\nBusiness Tenancies (Fair Dealings) Regulations 2004 2\n7 Application for determination of retail tenancy claim\nFor section 86(3) of the Act, the form of an application in respect of\na retail tenancy claim is set out in Form 3.\n8 Certificate of failure to resolve tenancy claim\nFor section 104(2) of the Act, the form of the certificate is set out in\nForm 4.\nPart 3 Miscellaneous\n9 Conciliator: qualifications of Commissioner's delegate\nFor section 89(3) of the Act, the qualifications of a delegate of the\nCommissioner conducting a conciliation conference are the\nfollowing:\n(a) competence in alternative dispute resolution;\n(b) knowledge of the rights, obligations and liabilities conferred or\nimposed under the Act on parties to a retail shop lease;\n(c) knowledge of accepted practices concerning the leasing of\nretail shops.\n10 Exemptions from Act\n(1) For section 8 of the Act, an airport retail shop lease is exempt from\nthe operation of the Act for 6 months commencing on the date on\nwhich this regulation comes into operation.\n(2) In this regulation:\nairport retail shop lease means:\n(a) a retail shop lease granted by Darwin International Airport Pty\nLtd (ACN 081 258 157) in respect of property located at\nLot 3381 Hundred of Bagot;\n(b) a retail shop lease granted by Tennant Creek Airport Pty Ltd\n(ACN 081 258 344) in respect of property located at Lots 998\nand 1281 Town of Tennant Creek; or\n(c) a retail shop lease granted by Alice Springs Airport Pty Ltd\n(ACN 081 258 246) in respect of property located at NT\nPortions 428, 429, 569, 806, 995, 1025, 3839, 3840, 4004,\n4005, 4054 and 4437.\n\nSchedule Prescribed forms\nBusiness Tenancies (Fair Dealings) Regulations 2004 3\nSchedule Prescribed forms\nregulation 3\nFORM 1\nregulations 4 and 5\nNORTHERN TERRITORY OF AUSTRALIA\nBusiness Tenancies (Fair Dealings) Act 2003\nsections 19(2) and 21(2)\nLANDLORD'S AND TENANT'S DISCLOSURE STATEMENTS RELATING\nTO RETAIL SHOP LEASE\nPART A – LANDLORD'S DISCLOSURE STATEMENT\nNote: Complete only the items that are applicable. Where # is indicated,\ndelete the words that are inapplicable.\n1. THE LANDLORD\nLandlord's name:\nLandlord's trading name:\nLandlord's address:\nName of landlord's agent:\nAddress of landlord's agent:\n2. THE TENANT\nTenant's name:\nTenant's trading name:\nTenant's address:\n3. THE RETAIL SHOP\nAddress of the retail shop being leased:\nShop number if the retail shop is within a retail shopping centre:\nNet lettable area of the retail shop in square metres: (State whether actual or\nestimated. If estimated, state whether a survey will be conducted.)\nFinishes, fixtures, fittings, equipment and services to or in the retail shop\nprovided by the landlord:\nThe tenant #is/is not# required to contribute to the cost of finishes, fixtures,\nfittings, equipment and services to or in the retail shop provided by the landlord.\n#The extent to which the tenant is required to contribute to those costs:\n\nSchedule Prescribed forms\nBusiness Tenancies (Fair Dealings) Regulations 2004 4\n4. THE RETAIL SHOPPING CENTRE (CENTRE)\nNote: This item must be completed only if the retail shop is located within a\nretail shopping centre.\nName of centre:\nAddress of centre:\nNumber of retail shops in the centre:\nGross lettable area of the centre: (State whether actual or estimated. If estimated,\nstate why and state when actual will be available.)\nNumber of car park bays at the centre in total:\nNumber of car park bays at the centre for the tenant's exclusive use:\nCore trading hours of the centre:\nHours of access to the retail shop outside the core trading hours of the centre:\nThe floor plan of the centre is #attached/not attached#.\nTenancy mix (by category) of the centre:\nThe tenancy mix of the centre #is/is not# likely to change over the term of the\nlease.\nThe landlord #has/has not# obtained planning approval for any renovations,\nredevelopments or extensions of the Centre. (If the landlord has obtained planning\napproval, provide details.)\n5. THE RETAIL SHOP LEASE\nNote: Under the Business Tenancies (Fair Dealings) Act 2003, tenants have\nthe right to a minimum 5 year tenancy. The tenant may waive this right if the\ntenant obtains a certificate from a legal practitioner in accordance with\nsection 26 of the Act.\n5.1 Term of lease\nTerm:\nOptions for further terms:\nActual date, or estimated date if actual date is not known, on which the landlord\nwill hand over the retail shop to the tenant: (If estimated, state how the actual date\nis to be determined. )\nActual date, or estimated date if actual date is not known, on which the lease\nwill commence: (If estimated, state how the actual date is to be determined. )\n5.2 Permitted use\nPermitted use:\nThe tenant will have exclusive rights to sell the following goods or services:\nThe tenant may not sell the following goods or services: (State that the tenant is\nrequired to conduct permitted use and nothing else, and set out any express\nexclusions. )\n\nSchedule Prescribed forms\nBusiness Tenancies (Fair Dealings) Regulations 2004 5\n5.3 Base rent\nThe base rent payable by the tenant for the term of the lease is:\nPeriod* Rent* Adjustment method\non review\n(e.g. year 1 + 5% ) (e.g. year 1 + 5% )\n* Based on estimated commencement date if actual not known.\nThe base rent is payable as follows:\nDate for rent payments under the lease:\n(e.g. By equal monthly instalments in advance on the first day of each month except\nfor the first and last payments, which will be pro rata. )\nDate for first payment of rent under the lease:\n(e.g. State commencement date or, if a rent free period, state the number of\ndays/weeks or a date after commencement date. )\n#The base rent payable by the tenant for the further term/s of the lease is/are:\nPeriod Rent Adjustment method\non review\n5.4 Percentage/Turnover Rent\nThe tenant #is/is not# required to pay any rent based on turnover.\n#The rent based on turnover payable by the tenant is calculated as follows:\n(Include the percentage of gross sales, the base from which percentage rent cuts in\nand whether that base changes. )\n5.5 Outgoings for retail shopping centres\nNote: This item must be completed only if the retail shop is located within a\nretail shopping centre and the lease requires the tenant to contribute (in whole\nor in part) to any outgoings of the centre.\nThe estimated outgoings for the retail shopping centre for the current outgoings\nyear are set out in the following table. This estimate was prepared at the\ncommencement of the outgoings year. Actual outgoings will be calculated and\nreconciled with appropriate adjustments made at the end of the outgoings year.\n\nSchedule Prescribed forms\nBusiness Tenancies (Fair Dealings) Regulations 2004 6\nOutgoings category Estimate per annum\nAir conditioning\nVentilation\nBuilding intelligence and emergency\nsystems\nSecurity\nFire protection\nInsurance\nElectricity\nWater\nTelephones\nGas and oil\nLifts and elevators\nPublic address and music\nSigns\nUniforms\nChild minding\nCar parking\nGardening and landscaping\nCleaning\nDisposals\nLocal government rates and charges\nRepairs and maintenance\nSewerage and drainage rates and\ncharges\nAdministration costs\nManagement fees\nPest control\nAudit fees\nEnergy Management Systems\nOther charges to be borne by the\ntenant\n(Specify)\nThe following formulae are used to apportion outgoings expenses to the tenant:\nCore trading hours outgoings\nOutgoings directly assessed on retail\nshop\nAfter hours outgoings\nServices (gas, telephone, electricity,\nwater etc.)\n(State whether the tenant will be\nrequired to pay direct to the supply\nauthority for water, gas, telephone and\nelectricity supplied to and consumed in\nthe retail shop or whether they will be\npart of outgoings .)\n\nSchedule Prescribed forms\nBusiness Tenancies (Fair Dealings) Regulations 2004 7\nOther (Specify)\n5.6 Outgoings for retail shop not located in a retail shopping centre\nNote: This item must be completed only if the retail shop is not located within\na retail shopping centre and the lease requires the tenant to contribute (in whole\nor in part) to any outgoings of the landlord.\nThe estimated outgoings for the current outgoings year for the building in which\nthe retail shop is located are set out in the following table. This estimate was\nprepared at the commencement of the outgoings year. Actual outgoings will be\ncalculated and reconciled and, where appropriate, adjustments made at the end\nof the outgoings year.\nOutgoings category Estimate per annum\nAir conditioning\nVentilation\nBuilding intelligence and emergency\nsystems\nSecurity\nFire protection\nInsurance\nElectricity\nWater\nTelephones\nGas and oil\nLifts and elevators\nPublic address and music\nSigns\nUniforms\nChild minding\nCar parking\nGardening and landscaping\nCleaning\nDisposals\nLocal government rates and charges\nRepairs and maintenance\nSewerage and drainage rates and\ncharges\nAdministration costs\nManagement fees\nPest control\nAudit fees\nEnergy Management Systems\nOther charges to be borne by the tenant (Specify)\n\nSchedule Prescribed forms\nBusiness Tenancies (Fair Dealings) Regulations 2004 8\n#The following formulae are used to apportion outgoings expenses to the\ntenant:\nCore building hours outgoings\nOutgoings directly assessed on retail\nshop\nAfter hours outgoings\nServices (gas, telephone, electricity,\nwater etc.)\n(State whether the tenant will be\nrequired to pay direct to the supply\nauthority for water, gas, telephone and\nelectricity supplied to and consumed in\nthe retail shop or whether they will be\npart of outgoings.)\nOther\n5.7 Promotions and marketing\nThe tenant must pay the following marketing and promotional expenses during\nthe term of the lease:\nExpenses items Estimate per annum\nContribution to promotion/marketing\nfund\nCentre catalogues\nTenant advertising\nOther\n5.8 Goods and services tax\nThe tenant #must/is not required to# pay the landlord the amount of any goods\nand services tax payable on any supply from the landlord to the tenant under\nor as a result of the lease.\n6. TENANT'S FITOUT AND REFURBISHMENT WORKS\nThe landlord requires the tenant to perform, at the tenant's expense, the\nfollowing fitout or refurbishment works (or both):\nBefore the commencement date of the lease:\nDuring the term of the lease:\n7. RELOCATION/DEMOLITION\nThe lease #does/does not# include a relocation clause.\nThe lease #does/does not# include a demolition clause.\n\nSchedule Prescribed forms\nBusiness Tenancies (Fair Dealings) Regulations 2004 9\n8. ADDITIONAL REPRESENTATIONS\nThe following representations were made by the landlord or the landlord's agent\nto the tenant during negotiations for the lease:\nOther than the representations included in this landlord's disclosure statement\nand the lease, no other representations were made by the landlord or the\nlandlord's agent.\n9. DECLARATION BY LANDLORD OR LANDLORD'S AGENT\nI acknowledge that this landlord's disclosure statement contains all written\nrepresentations by the landlord and the landlord's agent in relation to the\nproposed retail shop lease.\nI am satisfied that all agreements are fully reflected in this landlord's disclosure\nstatement.\nI have not knowingly withheld information that is likely to have an impact on the\ntenant's proposed business.\nSigned: ………………………….................................\n#Landlord/Landlord's Agent#\nDate: …………………..…………………………….\nPART B – TENANT'S DISCLOSURE STATEMENT\nNote: This tenant's disclosure statement must be completed by the\ntenant and returned to the landlord or the landlord's agent before the\nlease is entered into by the parties. A lease is entered into on the earliest\nof the following:\n(i) the tenant entering into possession of the retail shop;\n(ii) the tenant commencing to pay rent;\n(iii) the lease being signed by all parties.\n1. ACKNOWLEDGMENT OF RECEIPT\nThe tenant acknowledges that a copy of the proposed retail shop lease was\nreceived from the landlord or the landlord's agent before the tenant entered into\nthe lease.\nThe tenant acknowledges that the landlord's disclosure statement was received\nfrom the landlord or the landlord's agent:\n# at least 7 days before entering into the lease.\n# less than 7 days before entering into the lease and the tenant has obtained a\ncertificate from a legal practitioner in accordance with section 19(6) of the\nBusiness Tenancies (Fair Dealings) Act 2003.\n\nSchedule Prescribed forms\nBusiness Tenancies (Fair Dealings) Regulations 2004 10\n2. ADDITIONAL REPRESENTATIONS\nThe tenant has not, in entering into the retail shop lease, relied on any\nrepresentations made by the landlord or the landlord's agent other than those\nset out in the lease and at item 8 of the landlord's disclosure statement.\nApart from the representations and statements referred to in the previous\nparagraph, no other promises, representations, warranties or undertakings\nhave been made or given by the landlord or the landlord's agent in respect of\nthe retail shop, or the business to be carried out at the retail shop or (if\napplicable) the retail shopping centre or building in which the retail shop is\nlocated.\nThe tenant has #sought/not sought# independent advice in respect of the\ncommercial terms contained in the landlord's disclosure statement and the\nobligations contained in the proposed retail shop lease.\nThe tenant believes that the tenant will be able to fulfil the obligations contained\nin the lease, including the payment of the proposed rent, outgoings and other\namounts, based on the tenant's own business projections for the business.\nSigned: ………………………………….…………. Date: …………………..\n#Tenant/On behalf of tenant#\n……………………………...……………….\nFull name of person signing (please print)\n………………………………...…………….\nPosition of person signing\n\nSchedule Prescribed forms\nBusiness Tenancies (Fair Dealings) Regulations 2004 11\nFORM 2\nregulation 6\nNORTHERN TERRITORY OF AUSTRALIA\nBusiness Tenancies (Fair Dealings) Act 2003\nsection 56(d)\nASSIGNOR'S DISCLOSURE STATEMENT\n1. The assignor has provided the assignee with the most recent landlord's\ndisclosure statement in respect of the retail shop lease together with\ndetails of any changes (of which the assignor is aware) to the information\ncontained in the disclosure statement since the statement was given.\n2. The assignee has been advised that there are no outstanding notices in\nrespect of the retail shop lease.\n3. The assignee has been advised that there are no outstanding notices\nfrom any authority in respect of the retail shop.\n4. The assignee has been advised that there #are/are not# any\nencumbrances on the retail shop lease.\n5. The assignee has been advised that there #are/are not# any\nencumbrances on, or outside ownership of, any of the fixtures and\nfittings within the retail shop.\n6. The landlord #has/has not# conferred any rent concessions or other\nbenefits on the assignor during the term of the lease. #The concessions\nand benefits conferred on the assignor are:\nSigned: ………………………………….…………. Date: …………………..\n#Assignor/On behalf of assignor#\n……………………………...…… ………………………...\nFull name of person signing (please print) Position of person signing\nSigned: ………………………………….…………. Date: …………………..\n#Assignee/On behalf of assignee#\n……………………………...………… ………………………………...\nFull name of person signing (please print) Position of person signing\nNote: # Delete if inapplicable.\n\nSchedule Prescribed forms\nBusiness Tenancies (Fair Dealings) Regulations 2004 12\nFORM 3\nregulation 7\nNORTHERN TERRITORY OF AUSTRALIA\nBusiness Tenancies (Fair Dealings) Act 2003\nsection 86(3)\nAPPLICATION TO COMMISSIONER OF BUSINESS TENANCIES FOR\nDETERMINATION OF RETAIL TENANCY CLAIM\nNote: Before completing this form, please read the notes at the foot of the\nform.\nTo: Commissioner of Business Tenancies\n1st Floor The Met Building\n13 Scaturchio Street, Casuarina, NT 0810\nor PO Box 40946 Casuarina, NT 0811\nPhone: 8999 1999\nToll free: 1800 019 319\nFax: 8999 6260\nEmail: consumer@nt.gov.au\n1. DETAILS OF RETAIL SHOP LEASE\n(Complete applicable items. )\nTenant's name on retail shop lease:\nBusiness or trading name of tenant:\nTenant's ACN:\nTenant's ABN:\nTenant's postal address:\nLandlord's name:\nBusiness or trading name of landlord:\nLandlord's postal address:\nStreet address of the retail shop, including the shop number and (if applicable)\nthe shopping centre name:\nType of use of the retail shop:\nDate of commencement of the current retail shop lease or lease extension:\n\nSchedule Prescribed forms\nBusiness Tenancies (Fair Dealings) Regulations 2004 13\n2. DETAILS OF APPLICANT (the person making this application)\n(Complete applicable items. If there is more than one applicant, provide the name and\naddress of the second and each subsequent applicant, and of each applicant's\nrepresentative, using copies of the attachment to this form.)\nApplicant's status: [ ] Landlord\n(tick as applicable) [ ] Tenant\n[ ] Assignee\n[ ] Other (describe)\n2.1 Details if applicant is a company\nCompany name:\nCompany's ACN:\nCompany's ABN:\nName of person to contact for applicant:\nPostal address, including suburb/city/town, State and postcode:\nPhone (b/h):\nEmail address:\n2.2 Details if applicant is not a company\nName:\nABN:\nPostal address, including suburb/city/town, State and postcode:\nPhone (b/h):\nEmail address:\n2.3 Details of applicant's representative (e.g. legal practitioner)\n(Refer to section 111 of the Act for details about other persons who may represent a\nparty.)\nName:\nPostal address, including suburb/city/town, State and postcode:\nPhone (b/h):\nEmail address:\n\nSchedule Prescribed forms\nBusiness Tenancies (Fair Dealings) Regulations 2004 14\n3. DETAILS OF RESPONDENT (the other party to the dispute)\n(Complete applicable items. If there is more than one respondent, provide the name\nand address of the second and each subsequent respondent, and of each\nrespondent's representative, using copies of the attachment to this form.)\nRespondent's status: [ ] Landlord\n(tick as applicable) [ ] Tenant\n[ ] Assignee\n[ ] Other (describe)\n3.1 Details if respondent is a company\nCompany name:\nCompany's ACN:\nCompany's ABN:\nName of person to contact for respondent:\nPostal address, including suburb/city/town, State and postcode:\nPhone (b/h):\nEmail address:\n3.2 Details if respondent is not a company\nName:\nABN:\nPostal address, including suburb/city/town, State and postcode:\nPhone (b/h):\nEmail address:\n3.3 Details of respondent's representative (if known)\n(Refer to section 111 of the Act for details about persons who may represent a party.)\nName:\nPostal address, including suburb/city/town, State and postcode:\nPhone (b/h):\nEmail address:\n4. DETAILS OF DISPUTE\n(Give a brief summary nature of the dispute, briefly setting out the facts relevant to the\nclaim. THE SUMMARY AND FACTS WILL BE FORWARDED TO THE\nRESPONDENT. LODGMENT OF THIS FORM INDICATES YOUR AGREEMENT TO\nTHIS. If you wish to provide additional documents relevant to this matter, e.g. the\n\nSchedule Prescribed forms\nBusiness Tenancies (Fair Dealings) Regulations 2004 15\nlease, attach them to this form or forward them separately under cover of a letter to the\nCommissioner of Business Tenancies, clearly identifying the dispute.)\nTotal monetary claim: $.........................................\nRemedy sought:\n(Specify briefly. )\nSIGNATURE OF APPLICANT: .........................................................................\nDate: ....................../................/....................\nApplication fee: At this time no\napplication fee has been prescribed\nunder section 87(1) of the Business\nTenancies (Fair Dealings) Act 2003.\nLodged with the Commissioner on\n……………………………………\nDate\nNotes\nBefore completing this Application, please consider discussing this matter with\na legal practitioner or contacting NT Consumer Affairs on 08 8999 1999 or\n1800 019 319.\nThis form is to be used to apply to the Commissioner of Business Tenancies for\na determination of a retail tenancy claim. Further information in relation to\nbusiness tenancies can be found in the Business Tenancies section of the NT\nConsumer Affairs website (www.consumeraffairs.nt.gov.au).\nIf you have any questions relating to the dispute resolution process, please\ncontact NT Consumer Affairs for assistance.\nATTACHMENT TO FORM 3\n(To be used if there is more than one applicant or respondent, to provide the\nname and address of the second and each subsequent applicant or respondent,\nand of each representative.)\nDetails relating to:\nSecond / Third / Fourth / Fifth (circle applicable applicant or respondent number)\nApplicant / Respondent (circle applicable)\n\nSchedule Prescribed forms\nBusiness Tenancies (Fair Dealings) Regulations 2004 16\nDetails if applicant/respondent is a company\nCompany name:\nCompany's ACN:\nCompany's ABN:\nName of person to contact for applicant:\nPostal address, including suburb/city/town, State and postcode:\nPhone (b/h):\nEmail address:\nDetails if applicant/respondent is not a company\nName:\nABN:\nPostal address, including suburb/city/town, State and postcode:\nPhone (b/h):\nEmail address:\nDetails of applicant's/respondent's representative (if known)\n(Refer to section 111 of the Act for details about persons who may represent a party.)\nName:\nPostal address, including suburb/city/town, State and postcode:\nPhone (b/h):\nEmail address:\n\nSchedule Prescribed forms\nBusiness Tenancies (Fair Dealings) Regulations 2004 17\nFORM 4\nregulation 8\nNORTHERN TERRITORY OF AUSTRALIA\nBusiness Tenancies (Fair Dealings) Act 2003\nsection 104(2)\nCERTIFICATE OF FAILURE TO RESOLVE RETAIL TENANCY CLAIM\nI, , the Commissioner of Business Tenancies,\nissue this certificate to the following parties to an application for determination\nof a retail tenancy claim:\nApplicant/s name/s and status:\nRespondent/s name/s and status:\nThe application was lodged on:\nThe following conferences were held in an attempt to resolve the claim:\nI am satisfied that the parties have failed to resolve the claim and are unlikely\nto do so, and the claim is within a court's jurisdiction referred to in section 105\nof the Business Tenancies (Fair Dealings) Act 2003.\nThe details of the claim are as follows:\nName of tenant:\nTrading name of tenant:\nName of landlord:\nTrading name of landlord:\nDetails of retail shop:\nBrief description of the dispute:\nTotal monetary claim:\nSigned: ……………………..……………..………………..\nCommissioner of Business Tenancies\n\nENDNOTES\nBusiness Tenancies (Fair Dealings) Regulations 2004 18\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nBusiness Tenancies (Fair Dealings) Regulations (SL No. 18, 2004)\nNotified 9 June 2004\nCommenced 1 July 2004 (r 2, s 2 Business Tenancies (Fair Dealings)\nAct 2003 (Act No. 55, 2003) and Gaz G9, 3 March 2004,\np 5)\nAmendment of Business Tenancies (Fair Dealings) Regulations (SL No. 42, 2004)\nNotified 22 December 2004\nCommenced 22 December 2004\nBusiness Tenancies (Fair Dealings) Amendment Regulations 2017 (SL No. 9, 2017)\nNotified 24 May 2017\nCommenced 24 May 2017\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: rr 1 and 2 and sch.\n4 LIST OF AMENDMENTS\nr 10 ins No. 42, 2004, r 2\nsch amd No. 9, 2017, r 3","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available information, there is no indication that the scope of these regulations has shifted from their original intent. They appear to remain focused on supporting the fair dealings framework for commercial tenancies in the Northern Territory, as originally intended when made in 2004."},"complexity_factors":["Limited information provided in the source text — the actual operative provisions of the regulations are not included, preventing full analysis","Regulations are subsidiary to parent Act, requiring cross-referencing to understand full legal effect","Commercial tenancy law can involve interplay between Territory and Commonwealth law in some contexts","The reprint notation (REPB017R1) suggests the regulations have been amended over time, adding minor complexity"],"plain_english_summary":"The Business Tenancies (Fair Dealings) Regulations 2004 (NT) give practical effect to the parent Act by setting detailed rules for commercial leases. They affect business tenants, landlords and property managers in the Northern Territory and matter because they define rights, obligations and procedural requirements—non‑compliance can invalidate leases or create legal liability."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Regulation 10 temporarily reduces the Act's coverage by exempting specified 'airport retail shop leases' (naming three airport companies and particular lots/portions) from operation of the Act for six months from commencement, thereby narrowing scope relative to the Act's general application. Apart from that temporal exemption, the Regulations mainly formalise procedural and documentary requirements (rr 3–8; Schedule)."},"complexity_factors":["Predominantly form-based regulation — prescribes precise content of multiple forms rather than creating open-ended duties (rr 3–8; Schedule Forms 1–4).","Detailed, itemised disclosure requirements (landlord and tenant disclosure statements including extensive outgoings categories and apportionment formulas) increase completion burden (Schedule, Form 1 items 5.5–5.7).","Numerous cross-references to Act provisions impose dependency on the primary statute for meaning and effect (rr 4–8 reference ss 19(2), 21(2), 56(d), 86(3), 104(2)).","A temporary, specific exemption narrows statutory coverage for named airport leases and requires attention to defined entities and land descriptions (r 10).","Conciliator qualifications require evaluative judgment (competence in ADR, knowledge of Act and leasing practices), creating limited administrative discretion (r 9).","Compliance costs are concentrated on private parties who must prepare, exchange and sign prescribed statements and attachments before leases take effect (Forms 1–3)."],"plain_english_summary":"Mechanically, these Regulations prescribe the exact forms and the information required for landlord, tenant and assignor disclosure statements, the application and certificate forms for retail tenancy disputes, set minimum qualifications for a conciliator's delegate, and provide a six‑month exemption for specified airport retail leases (r 10). They apply to landlords, tenants, assignees and the Commissioner's office and matter because they standardise disclosures and dispute-process paperwork, creating specific compliance steps, documentary duties and a temporary narrowing of the Act's coverage."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The Regulations remain tightly focused on their original purpose: prescribing forms and minor procedural matters for the parent Act. The only expansion was regulation 10 (airport exemption), which was a time-limited carve-out rather than a scope creep. The 2017 amendment merely updated contact details in the forms."},"complexity_factors":["Length is moderate – approximately 18 pages, but mostly comprised of blank form templates rather than dense legal text","Only 10 substantive regulations, with minimal cross-referencing (primarily back to specific sections of the parent Act)","4 defined terms total (in regulation 10 only: 'airport retail shop lease' plus the three airport company definitions)","No nested exceptions or conditional logic chains – the forms use simple 'tick the box' or 'delete if inapplicable' structures","Heavy use of tables and structured fields in forms, which aids readability despite the volume of information required","Single amendment of substance (regulation 10 inserted in 2004) plus 2017 amendment updating contact details in forms"],"plain_english_summary":"**What this legislation does:**\n\nThese Regulations are the \"nuts and bolts\" that make the Northern Territory's *Business Tenancies (Fair Dealings) Act 2003* actually work. While the Act sets out the legal rights and obligations for retail shop leases, these Regulations prescribe the specific **forms** that landlords, tenants, and others must use, plus a few technical details about who can help resolve disputes.\n\n**Who it affects:**\n\n- **Retail shop landlords** in the NT – they must use the prescribed disclosure forms (Form 1, Part A) before leasing a shop\n- **Retail tenants** – they must complete their own disclosure statement (Form 1, Part B) acknowledging they received the landlord's information\n- **People selling their lease** (\"assignors\") – they must give a disclosure statement to the buyer (Form 2)\n- **Anyone in a retail lease dispute** – they use Form 3 to apply to the Commissioner of Business Tenancies for help, and Form 4 is the certificate issued if conciliation fails\n- **Airport retailers** – specifically, shops at Darwin, Tennant Creek, and Alice Springs airports were temporarily exempt from the Act for 6 months when these Regulations started\n\n**Why it matters:**\n\nThe Regulations ensure **transparency** in retail leasing. Before signing a lease, landlords must disclose critical information like rent calculations, outgoings (shared building costs), shop dimensions, and any planned renovations. This stops nasty surprises for small business owners. The forms also create a paper trail if disputes end up before the Commissioner or in court.\n\n**Key bits to know:**\n- **Form 1** is the big one – a detailed checklist covering everything from car park bays to GST obligations\n- **Form 2** protects people buying an existing lease by requiring the seller to disclose any hidden problems\n- **Forms 3 & 4** create the pathway for resolving disputes without immediately going to court\n- **Regulation 9** ensures anyone mediating disputes actually knows what they're talking about (alternative dispute resolution skills + retail leasing knowledge)\n- **Regulation 10** (added later) carved out a temporary exemption for airport retail shops"}},"importantCases":[],"_links":{"self":"/api/acts/business-tenancies-fair-dealings-regulations-2004","history":"/api/acts/business-tenancies-fair-dealings-regulations-2004/history","analysis":"/api/acts/business-tenancies-fair-dealings-regulations-2004/analysis","conflicts":"/api/acts/business-tenancies-fair-dealings-regulations-2004/conflicts","importantCases":"/api/acts/business-tenancies-fair-dealings-regulations-2004/important-cases","documents":"/api/acts/business-tenancies-fair-dealings-regulations-2004/documents"}}