{"id":"retail-and-commercial-leases-regulations-2025","name":"Retail and Commercial Leases Regulations 2025","slug":"retail-and-commercial-leases-regulations-2025","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":237022,"registerId":"sa-retail-and-commercial-leases-regulations-2025-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Retail and Commercial Leases Regulations 2025","content":"South Australia\nRetail and Commercial Leases Regulations 2025\nunder the Retail and Commercial Leases Act 1995\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tPrescribed threshold\n5\tExclusions from application of Act\n6\tDisclosure statement\n7\tWarranty of fitness for purpose—exclusion\n8\tMinimum 5 year term—exclusion\n9\tRenewal of shopping centre lease—exclusion\n10\tPrescribed fee\n11\tLand tax not to be recovered from lessee—exclusion\n12\tAssignor's disclosure statement\n13\tTrading hours—procedure for secret ballot\n14\tRetail Shop Leases Advisory Committee\n15\tAbandoned goods notice\n16\tModification of Landlord and Tenant Act\nSchedule 1—Form of disclosure statements\nSchedule 2—Repeal of Retail and Commercial Leases Regulations 2010\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Retail and Commercial Leases Regulations 2025.\n2—Commencement\nThese regulations come into operation on 1 September 2025.\n3—Interpretation\nIn these regulations—\nAct means the Retail and Commercial Leases Act 1995;\ndomestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;\nspouse—a person is the spouse of another if they are legally married.\n4—Prescribed threshold\nFor the purposes of the definition of prescribed threshold in section 3(1a) of the Act, the amount of $420 000 per annum exclusive of GST is prescribed.\n5—Exclusions from application of Act\n\t(1)\tPursuant to section 4(2)(g)(ii) of the Act, in respect of a lessor who is a municipal or district council or other authority with the powers and functions of local government, a lessee who is a party to a lease under which the amount of rent payable under the lease does not exceed $50 000 per annum (exclusive of GST) and who—\n\t(a)\tis registered under the Australian Charities and Not-for-profits Commission Act 2012 of the Commonwealth; or\n\t(b)\tis an entity that is not carried on for the purposes of profit or gain to its individual members and that is, by the terms of its constitution, prohibited from making any distribution, whether in money, property or otherwise, to its members; or\n\t(c)\tuses the premises the subject of the lease for the provision of health, welfare, community, cultural, sporting or recreational services on a non‑commercial basis,\nis prescribed for the purposes of section 4(2)(g) of the Act.\n\t(2)\tPursuant to section 4(5) of the Act, a retail shop lease is excluded from the application of the Act if—\n\t(a)\tit is a lease of the whole or a part of the National Railway Museum, Lipson Street (South), Port Adelaide; or\n\t(b)\tthe Aboriginal Lands Trust is the lessor; or\n\t(c)\tDistribution Lessor Corporation, Generation Lessor Corporation or Transmission Lessor Corporation is the lessor; or\n\t(d)\tthe lessor is a body corporate and the lessee or lessees have a controlling interest in the body corporate; or\n\t(e)\tthe lessor and the lessee are both bodies corporate and the same person or persons have a controlling interest in both bodies corporate.\n6—Disclosure statement\nFor the purposes of section 12(3a) of the Act, a disclosure statement must be presented in the form of Form 1 set out in Schedule 1.\n7—Warranty of fitness for purpose—exclusion\nFor the purposes of section 18(2) of the Act, a notice of exclusion of warranty must—\n\t(a)\tbe given in writing; and\n\t(b)\tbe specifically drawn to the attention of the lessee at the time that the disclosure statement is given to the lessee.\n8—Minimum 5 year term—exclusion\nPursuant to section 20B(3)(f) of the Act, a retail shop lease is excluded from the ambit of Part 4A Division 2 of the Act if—\n\t(a)\tthe lessee is the lessor's spouse, domestic partner, parent, grandparent, step‑parent, child, grandchild, step‑child, brother or sister, or the spouse or domestic partner of the lessor's child, grandchild, step‑child, brother or sister; or\n\t(b)\tthe lessor is—\n\t(i)\tan incorporated association within the meaning of the Associations Incorporation Act 1985; or\n\t(ii)\ta body established on a non‑profit basis for a purpose of a kind referred to in section 18(1) of that Act,\nand the right of occupation granted under the lease is for less than an average of 15 hours in each week over the term of the lease.\n9—Renewal of shopping centre lease—exclusion\nPursuant to section 20C(2)(d) of the Act, a retail shop lease is excluded from the ambit of Part 4A Division 3 of the Act if it is a lease of the whole or a part of premises known at the commencement of these regulations by the following descriptions:\n\t(a)\theritage levels 1, 3, 4, 5, 7, 8 and 9 of Shell House, 170 North Terrace, Adelaide;\n\t(b)\theritage levels 1, 3, 4, 5 and 7 of Goldsbrough House, 172 North Terrace, Adelaide;\n\t(c)\tlevels 7 to 12 (inclusive) of Terrace Towers, 178 North Terrace, Adelaide;\n\t(d)\tElizabeth House, Elizabeth City Centre, Elizabeth;\n\t(e)\tSidney Chambers, Elizabeth City Centre, Elizabeth;\n\t(f)\tRaleigh Chambers, Elizabeth City Centre, Elizabeth;\n\t(g)\tWindsor Building, Elizabeth City Centre, Elizabeth;\n\t(h)\tlevels 2 to 10 (inclusive) of Citi Centre Building, 145 Rundle Mall, Adelaide;\n\t(i)\tlevels 1 to 10 (inclusive) of AON House, 63 Pirie Street, Adelaide;\n\t(j)\tlevels 1 to 14 (inclusive) of Wyatt House, 115 Grenfell Street, Adelaide.\n10—Prescribed fee\nFor the purposes of section 20K(4) of the Act, the prescribed fee payable to the Commission for a certificate under section 20K(3) of the Act is $200.\n11—Land tax not to be recovered from lessee—exclusion\nFor the purposes of section 30(3) of the Act, 15 November 1990 is fixed (and, consequently, section 30 of the Act does not apply to a retail shop lease entered into before that date).\n12—Assignor's disclosure statement\nFor the purposes of section 45A of the Act, an assignor's disclosure statement must be in the form of Form 2 set out in Schedule 1.\n13—Trading hours—procedure for secret ballot\nFor the purposes of section 61(1)(c) of the Act, a secret ballot for the approval of core trading hours must be conducted as follows:\n\t(a)\tthe proposed core trading hours must be incorporated into a resolution to be put at a meeting of the persons who are entitled to vote on the matter (see section 61(2) of the Act);\n\t(b)\tthe lessor and each lessee of a retail shop affected by the proposal must receive at least 10 days notice of the meeting;\n\t(c)\tthe notice must—\n\t(i)\tbe in writing; and\n\t(ii)\tstate the time and place at which the meeting will be held; and\n\t(iii)\tset out the text of the resolution that is to be put to the meeting;\n\t(d)\ta person who is entitled to vote at the meeting may, by written instrument, appoint another person to act as the person's proxy at the meeting;\n\t(e)\tthe person or persons who are proposing the resolution must make up, and provide at the meeting, ballot papers for the purposes of the ballot;\n\t(f)\tthe ballot papers must set out the text of the resolution and clearly indicate a place where a person who is voting may vote for, or against, the resolution;\n\t(g)\tthe persons present at the relevant meeting must appoint 1 of their number to preside at the meeting and to conduct the ballot;\n\t(h)\tthe person presiding at the meeting—\n\t(i)\tmay require that the ballot papers be altered or replaced before the ballot is conducted if they are dissatisfied with the form or content of the ballot papers, or otherwise consider that it is appropriate to take action under this provision; and\n\t(ii)\tmay decide any other question relevant to the conduct of the ballot;\n\t(i)\teach person who casts a vote in the ballot is entitled to scrutinise the counting of votes.\n14—Retail Shop Leases Advisory Committee\n\t(1)\tFor the purposes of section 73(2) of the Act, the Retail Shop Leases Advisory Committee will be comprised of persons nominated at the invitation of the Commission by each of the following bodies:\n\t(a)\tAHA SA Hotels;\n\t(b)\tAustralian Lottery and Newsagents Association;\n\t(c)\tAustralian Retailers Association;\n\t(d)\tthe Law Society of South Australia;\n\t(e)\tLease1.com.au Pty Ltd;\n\t(f)\tthe Pharmacy Guild of Australia;\n\t(g)\tProperty Council of Australia Limited;\n\t(h)\tthe Real Estate Institute of South Australia Incorporated;\n\t(i)\tSavills Australia;\n\t(j)\tScentre Shopping Centre Management (SA) Pty Ltd;\n\t(k)\tShopping Centre Council of Australia Limited;\n\t(l)\tSouth Australian Independent Retailers Incorporated;\n\t(m)\tSouth Australian Employers' Chamber of Commerce and Industry Incorporated.\n\t(2)\tThe Committee will meet at least once each year.\n15—Abandoned goods notice\nFor the purposes of section 76(3) of the Act, a notice of the storage of goods must be in a form that includes—\n\t(a)\ta general description of the goods; and\n\t(b)\tdetails sufficient to identify the retail shop at which the goods were left; and\n\t(c)\tthe date of termination of the lease; and\n\t(d)\ta statement that the goods will be sold if not reclaimed by the payment of reasonable costs as required under section 76 of the Act within the 60 day period referred to in that section; and\n\t(e)\ta statement of how the goods may be reclaimed.\n16—Modification of Landlord and Tenant Act\n\t(1)\tFor the purposes of section 81(2)(a) of the Act, the following modifications to Part 4 of the Landlord and Tenant Act 1936 (the former legislation) are prescribed:\n\t(a)\ta reference to the Commercial Tribunal (including through the use of the definition the Tribunal) is to be construed as a reference to the Civil (Consumer and Business) Division of the Magistrates Court;\n\t(b)\tsection 56 of the former legislation will be taken to have been replaced by the following provision:\n56—Substantial monetary claims\n\t(1)\tAn action involving a claim arising under or in respect of a commercial tenancy agreement to which this Part applies or a related guarantee should be commenced before the Magistrates Court.\n\t(2)\tAn action before the Magistrates Court that involves a monetary claim for $12 000 or less will be taken to be a minor statutory proceeding under the Magistrates Court Act 1991.\n\t(3)\tIf an action before the Magistrates Court involves a monetary claim for an amount exceeding $100 000, the Magistrates Court must on the application of a party to the proceeding refer the proceeding to the District Court.\n\t(4)\tIf a proceeding is referred to the District Court, the Court has, in addition to the powers that it has apart from this section, the powers that the Magistrates Court has under this Part.\n\t(5)\tIn this section—\nMagistrates Court means the Civil (Consumer and Business) Division of the Magistrates Court.;\n\t(c)\tsections 59, 60, 61 and 65 of the former legislation will be taken to have been repealed;\n\t(d)\tthe following sections will be taken to have been inserted after section 72 of the former legislation:\n72A—Unlawful threats\nA landlord or an agent of a landlord must not make threats to the effect that the landlord will not renew or extend the term of tenancy if the tenant exercises a right under this Act.\nPenalty: Division 5 fine.\n72B—Vexatious acts\nA party to a commercial tenancy agreement must not, in connection with the exercise of a right or power under this Act or the agreement, engage in conduct that is, in all the circumstances, vexatious.\nPenalty: Division 6 fine.\n\t(2)\tPursuant to section 81(3) of the Act, the following provisions of the Act apply to a retail shop lease entered into before the commencement of the Act:\n\t(a)\tsection 12 (Lessee to be given disclosure statement);\n\t(b)\tsection 13 (Certain obligations to be void);\n\t(c)\tsection 19 (Security bond);\n\t(d)\tsection 20 (Repayment of security);\n\t(e)\tsection 31(2) (Estimates and explanations of outgoings to be provided by lessor);\n\t(f)\tsection 52 (Statistical information to be made available to lessee);\n\t(g)\tsection 61 (Trading hours);\n\t(h)\tPart 9 Division 1 (Mediation).\n\t(3)\tSubregulations (1) and (2) do not affect any determination of core trading hours under the former legislation before the commencement of the Act and such a determination will have effect for the purposes of section 61 of the Act.\nSchedule 1—Form of disclosure statements\nForm 1—Disclosure statement under section 12 of Retail and Commercial Leases Act 1995\nInformation for lessees\nPlease read the following information carefully.\nWhat is a lease?\nA lease is a very important document. It is a legally binding contract between the lessor (landlord) and the lessee (tenant). It sets out the rights and obligations of the lessor and the lessee.\nA document that binds the lessee to enter into a lease or to take a shop on lease for a renewed term should be treated as if it were the lease.\nWhat should I look for in a lease?\nThe main features to consider are—\n\t•\tthe term of the lease;\n\t•\twhether there is an option to renew or extend the lease (and the method of exercising any such option);\n\t•\tthe rent and the basis for rent reviews;\n\t•\tthe amounts that the lessee will have to pay in addition to rent eg fit out costs, maintenance and repair costs and shared operating expenses;\n\t•\tthe consequences of breaching a term of the lease.\nMake sure you read the whole document and understand the obligations it will place on you, especially the extra charges in addition to rent that you will have to pay.\nIf the lease is a sublease, you should seek information about the lessor's rights and obligations under the head lease that are relevant to the lease of the shop.\nWhat information is the lessor required to give me?\nThe lessor must give you a copy of the proposed lease and this disclosure statement. The disclosure statement must contain the matters set out in section 12 of the Retail and Commercial Leases Act 1995.\nWhat should I do before signing a lease or other binding document?\nDo not sign until you understand exactly what your obligations under the lease will be.\nBefore signing a lease or other binding document, you should obtain independent legal and financial advice.\n\t•\tYou should discuss the lease (or any agreement for a lease) and the disclosure statement with your own lawyer or leasing adviser.\n\t•\tYou should seek advice about the financial commitments under the lease from your own accountant or recognised financial or business adviser.\n\t•\tYou should also seek advice from an association representing the interests of lessees.\nBefore signing a lease or other binding document, oral representations made by the lessor or the lessor's agent on which you have relied should be reduced to writing and signed by or on behalf of the lessor.\nBefore signing a lease or other binding document, the lessee should sign an acknowledgment of receipt of the disclosure statement.\n1—Details of shop\nAddress: [Provide sufficient details to identify the shop.]\nLettable area: [Specify in square metres.]\nThe shop may only be used for: [Specify the permitted uses.]\n2—Term of lease\nTerm of lease:\n3—Renewal or extension of lease\n[Tick 1 box.]\n\t☐\tThere is no right to renew or extend the term of the lease.\n\t☐\tThe lease gives a right to renew or extend the term of the lease as follows:\n[Insert details.]\n4—Access to shop\nHours during which the lessee will have access to the shop outside trading hours:\nDate on which the shop will be available for occupation:\n5—Monetary obligations\nThe lessee's obligations to pay rent, to pay or reimburse outgoings, to make or reimburse capital expenditure and any other monetary obligations imposed on the lessee are set out in Appendix A.\n6—Retail shopping centre details\n[Tick 1 box.]\n\t☐\tThe shop is in a retail shopping centre within the meaning of the Retail and Commercial Leases Act 1995.\nSee Appendix B for details.\n\t☐\tThe shop is not in a retail shopping centre within the meaning of the Retail and Commercial Leases Act 1995.\n7—Consequences of breach\nThe legal consequences of a breach of a term of the lease (including the consequences of early termination of the lease by the lessee) as set out in [insert clause numbers or other identification of relevant components of lease] of the lease are as follows:\n[Insert brief description.]\n8—Warnings\nOral representations made by the lessor or the lessor's agent on which the lessee has relied should be reduced to writing and signed by or on behalf of the lessor before the lessee enters into the lease.\nThe lessee should obtain independent legal and financial advice before entering into the lease.\nDate:\nSignature of lessor:\nName:\nAddress:\nAcknowledgment of receipt\nI acknowledge receipt of this disclosure statement including:\n[Tick 1 or more boxes as applicable.]\n\t☐\tAppendix A—Monetary obligations under lease\n\t☐\tAppendix B—Retail shopping centre details\n\t☐\tAttachment—Shop fitting or refitting obligations\n\t☐\tAttachment—Fixtures, plant or equipment obligations\n\t☐\tAttachment—Sinking fund obligations\n\t☐\tAttachment—Proposed changes to shopping centre\n\t☐\tAttachment—Current tenant mix\n\t☐\tAttachment—Proposed changes to current tenant mix\n\t☐\tAttachment—Details of tenant association\nDate:\nSignature:\nName:\nAddress:\nAppendix A—Monetary obligations under lease\nPart 1—Rent\n1—Base rent\nThe base rent payable for the shop is or is calculated as follows:\n[Insert amount or formula.]\n2—Basis on which base rent may be changed\nThe base rent may be changed on the following basis:\n [Insert description of rent review arrangements.]\n3—Other rent\nOther rent payable for the shop is or is calculated as follows:\n[Insert amount or formula.]\nPart 2—Capital expenditure\n4—Permissible obligations (section 13 of Retail and Commercial Leases Act 1995)\nThe lessee will be liable for capital expenditure as follows:\n[Tick 1 or more boxes as applicable.]\n\t☐\tto pay or reimburse the cost of making good damage to the premises arising when the lessee is in possession or entitled to possession of the premises\n\t☐\tto fit or refit the shop as set out in the attachment marked \"Shop fitting or refitting obligations\"\n[The attachment must include sufficient details to enable the lessee to obtain an estimate of the likely cost of complying with the obligation.]\n\t☐\tto provide fixtures, plant or equipment as set out in the attachment marked \"Fixtures, plant or equipment obligations\"\n[The attachment must include sufficient details to enable the lessee to obtain an estimate of the likely cost of complying with the obligation.]\n\t☐\tto contribute to a sinking fund to cover major items of repair or maintenance as set out in the attachment marked \"Sinking fund obligations\"\n[The attachment must include reasonable details of the lessee's obligations.]\nPart 3—Outgoings\n5—Categories and estimate of annual liability\nThe lessee will be liable to pay or reimburse outgoings as follows:\n\nCategory of outgoings\nEstimate of lessee's annual liability\nlocal government rates and charges\n\nemergency services levy\n\nelectricity\n\ngas and oil\n\nwater and sewerage rates and charges\n\nsewerage disposal and sullage\n\nenergy management systems\n\nair conditioning/ventilation\n\nbuilding intelligence and emergency systems\n\nfire protection\n\nsecurity\n\nlifts and escalators\n\npublic address/music\n\nsigns\n\npublic telephones\n\ninsurance\n\npest control\n\nuniforms\n\ncar parking\n\nchild minding\n\ngardening\n\ncleaning\n\naudit fees\n\nmanagement costs\n\nmaintenance and repairs\n\nother [specify]\n\nTotal\n\n[Tick 1 box.]\n\t☐\tThe lessee is liable for the full amount of the outgoings.\n\t☐\tThe lessee is liable for a proportion of the outgoings calculated according to the following formula:\n[If different according to category, provide category and formula in each case.]\n6—Margin of profit\n[Tick 1 box.]\n\t☐\tThe amount the lessee is required to pay towards outgoings does not include a margin of profit for the lessor.\n\t☐\tThe amount the lessee is required to pay towards outgoings includes a margin of profit for the lessor as follows:\n[Provide the percentage profit or the basis on which the profit is to be calculated.]\nPart 4—Other monetary obligations\n7—Other\n[Tick 1 box.]\n\t☐\tThe lessee will not be liable for any other kinds of monetary obligations.\n\t☐\tThe lessee will also be liable for the following kinds of monetary obligations:\n[Provide details of other kinds of monetary obligations and, if possible, an estimate of the annual cost of complying with those obligations.]\nAppendix B—Retail shopping centre details\n1—Shopping centre details\nName of shopping centre:\nAddress of shopping centre:\n2—Number of shops and lettable area\nTotal number of shops in shopping centre:\nTotal lettable area of shops in shopping centre:\n3—Parking facilities at shopping centre\nNumber of parking bays for customers of shop:\nNumber of parking bays for lessee and lessee's employees:\n4—Facilities and services provided by lessor\nThe lessor provides the following facilities and services:\n[Describe nature of facilities and services.]\n5—Proposed changes to shopping centre\n[Tick 1 box.]\n\t☐\tNo changes to the shopping centre are proposed.\n\t☐\tIt is proposed to make changes to the shopping centre as follows:\n[Describe the nature of the changes including any changes to the buildings, parking and surrounding roads and, if a development application is to be lodged, details of when and with whom it is to be lodged. Attach details (in attachment marked \"Proposed changes to shopping centre\") or include details of where to obtain further information.]\n6—Core trading hours\nCore trading hours:\n7—Current tenant mix and any proposed changes\nThe current tenant mix is shown on the attachment marked \"Current tenant mix\" comprised of a floor plan showing tenancies and common areas.\n[Tick 1 box.]\n\t☐\tNo changes to the current tenant mix are proposed.\n\t☐\tIt is proposed to change the current tenant mix as follows:\n[Describe changes or show on attachment marked \"Proposed changes to current tenant mix\".]\nThe lease may contain provisions governing the process for changes to the tenant mix.\n8—Introduction of competitor\n[Tick 1 box.]\n\t☐\tThe lessee is assured that the current tenant mix will not be altered to the lessee's disadvantage by the introduction of a competitor.\n\t☐\tThe lessor is not prepared to give the lessee an assurance that the current tenant mix will not be altered to the lessee's disadvantage by the introduction of a competitor.\n9—Tenant association\n[Tick 1 box.]\n\t☐\tThere is no tenant association for the centre.\n\t☐\tThe attachment marked \"Details of tenant association\" gives details of the nature of the tenant association for the centre, the voting rights of members and the contributions payable by members.\n10—Advertisement etc of shopping centre\n[Tick 1 box.]\n\t☐\tContributions are not required towards the costs of advertising and promoting the shopping centre.\n\t☐\tThe following is an estimate of the annual contributions that are or may be required towards the costs of advertising and promoting the shopping centre:\n[Insert estimate.]\nForm 2—Assignor's disclosure statement under section 45A of Retail and Commercial Leases Act 1995\n1—Details of lessor\nName of lessor:\nContact details:\n2—Details of shop for which lease is to be assigned\nAddress: [Provide sufficient details to identify the shop.]\n3—Lessor's disclosure statement\n[Tick 1 box.]\n\t☐\tThe assignor has not provided the assignee with a copy of the lessor's disclosure statement in respect of the lease, together with details of any changes to the information contained in the disclosure statement since the statement was given.\n\t☐\tThe assignor has provided the assignee with a copy of the lessor's disclosure statement in respect of the lease, together with details of any changes to the information contained in the disclosure statement since the statement was given.\n4—Outstanding notices in respect of lease\n[Tick 1 box.]\n\t☐\tThere are no outstanding notices in respect of the lease.\n\t☐\tThere are the following outstanding notices in respect of the lease:\nName of person giving notice:\nDate of notice:\nDetails of notice:\n5—Outstanding notices from any authority in respect of shop\n[Tick 1 box.]\n\t☐\tThere are no outstanding notices from any authority in respect of the retail shop.\n\t☐\tThere are the following outstanding notices from an authority in respect of the retail shop:\nAuthority giving notice:\nDate of notice:\nDetails of notice:\n6—Encumbrances on lease\n[Tick 1 box.]\n\t☐\tThere are no encumbrances on the lease.\n\t☐\tThere are the following encumbrances on the lease:\nName of holder of encumbrance:\nNature of encumbrance:\n[Tick 1 box.]\n\t☐\tThe encumbrance is to be discharged or satisfied prior to assignment of the lease.\n\t☐\tThe encumbrance is not to be discharged or satisfied prior to assignment of the lease.\n7—Encumbrances on, and third party interests in, fixtures and fittings within retail shop\n[Tick 1 box.]\n\t☐\tThere are no encumbrances on, or interests of a third party in, any fixtures or fittings within the retail shop.\n\t☐\tThere are the following encumbrances on, or interests of a third party in, any fixtures or fittings within the retail shop:\nName of holder of encumbrance or interest:\nDetails of fixtures or fittings affected:\nNature of encumbrance or interest:\n[Tick 1 box.]\n\t☐\tAll encumbrances and interests are to be discharged or satisfied prior to assignment of the lease.\n\t☐\tThe following encumbrances or interests are not to be discharged or satisfied prior to assignment of the lease:\n[Insert details.]\n8—Rent concessions or other benefits\n[Tick 1 box.]\n\t☐\tThe lessor has not conferred any rent concessions or other benefits on the assignor during the term of the lease.\n\t☐\tThe lessor has conferred the following rent concessions or other benefits on the assignor during the term of the lease:\n[Insert details.]\n9—Annual sales figures\nThe total (aggregate) annual sales figures in respect of the retail shop during the past 3 years (or such lesser period as the lease has been in operation) are as follows:\n[Insert details.]\n10—Other information as to trading performance\nThe following further information has been provided by the assignor to the assignee as to the trading performance of the retail shop during the past 3 years (or such lesser period as the lease has been in operation):\n[Insert details.]\nDate:\nSignature of assignor:\nName:\nAddress:\nAcknowledgment of receipt\nI acknowledge receipt of this disclosure statement.\nDate:\nSignature of assignee:\nName:\nAddress:\nSchedule 2—Repeal of Retail and Commercial Leases Regulations 2010\nThe Retail and Commercial Leases Regulations 2010 are repealed.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\n2025\n79\nGazette 31.7.2025 p2954 \n1.9.2025: r 2\n","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"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative content was provided. The submission contains only a 'Page Not Found' error from the South Australian legislation website. Any analysis of scope change from original intent is impossible without the actual regulatory text."},"complexity_factors":["No legislative text was retrieved — the document consists entirely of a website error page","Cannot assess complexity of the underlying regulation without access to its content","The only complexity present is the broken URL/bookmark issue caused by the SA legislation website's March 2026 redesign"],"plain_english_summary":"## ⚠️ Document Not Available\n\nThis document does not contain the actual text of the **Retail and Commercial Leases Regulations 2025 (SA)**. Instead, the content retrieved is a **'Page Not Found' error** from the South Australian legislation website, indicating the link or bookmark used to access this regulation is broken or outdated following a website update on 24 March 2026.\n\n**What this means for you:** No substantive legal analysis can be provided because the actual regulation text was not successfully retrieved. If you need to review this legislation, visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly and search for the Retail and Commercial Leases Regulations 2025."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The regulations appear consistent with the original intent of the Retail and Commercial Leases Act 1995. They provide operational detail, prescribed forms, and specific exclusions that are typical for subordinate legislation of this type. The scope has not expanded beyond the Act's purpose of regulating retail and commercial leases in South Australia."},"complexity_factors":["16 main regulations plus 2 detailed schedules with extensive form templates","Multiple cross-references to the parent Act (Retail and Commercial Leases Act 1995) requiring simultaneous reading","Nested conditional logic in exclusions — for example, regulation 5(1) has three alternative conditions (a, b, or c) that must be read with a rent threshold and a lessor type","Specific named building exclusions in regulation 9 requiring external knowledge of Adelaide geography (10 separate building addresses with specific floor ranges)","Modification of historical legislation (Landlord and Tenant Act 1936) with complex transitional provisions in regulation 16","Detailed procedural requirements for secret ballots in regulation 13 with 9 sub-paragraphs of mandatory steps","Two comprehensive disclosure statement forms (Form 1 and Form 2) with multiple appendices, attachments, and tick-box alternatives creating substantial compliance burden","Defined terms section with 3 definitions including circular reference risk ('domestic partner' references another Act)"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set the detailed rules for how South Australia's *Retail and Commercial Leases Act 1995* actually works in practice. Think of the Act as the main rulebook, and these regulations as the instruction manual that fills in the specifics.\n\n**Who it affects:**\n\n- **Retail shop tenants and landlords** in South Australia — anyone leasing space in shopping centres or retail premises\n- **Specific organisations** like charities, community groups, and certain government bodies that get special exclusions\n- **Industry bodies** that nominate members to an advisory committee (including retail associations, property councils, and legal groups)\n\n**Key things it covers:**\n\n- **Money thresholds**: Sets dollar limits for when the law applies — for example, the law covers leases where the tenant's business turns over **$420,000 or less per year** (excluding GST)\n- **Who's in and who's out**: Lists specific situations where the Act doesn't apply, such as:\n  - Leases to family members (spouses, children, siblings, etc.)\n  - Certain charity and community organisation leases under $50,000 rent per year\n  - Specific buildings in Adelaide and Elizabeth (like Shell House, Goldsbrough House, and several Elizabeth City Centre buildings)\n  - Leases involving electricity network companies or the Aboriginal Lands Trust\n- **Paperwork**: Provides the exact forms landlords must use when disclosing information to tenants — including a detailed checklist covering rent, outgoings, shopping centre changes, and tenant mix\n- **Fees**: Sets a **$200 fee** for certain official certificates\n- **Trading hours**: Sets out how shopping centres must run secret ballots to decide core trading hours (10 days notice, written proxies, appointed chairperson, etc.)\n- **Abandoned goods**: Specifies what notices must say when a landlord stores a tenant's left-behind property\n- **Old leases**: Updates how disputes about pre-1995 leases are handled in court, including new penalties for landlords who threaten tenants or act vexatiously\n\n**Why it matters:**\n\nThese regulations protect small retail tenants from being blindsided by hidden costs or unfair lease terms. The mandatory disclosure forms force landlords to spell out exactly what tenants will pay — not just rent, but share of rates, insurance, cleaning, marketing levies, and even sinking funds for major repairs. The exclusions prevent the law from capturing situations where it doesn't make sense (like family arrangements or specialised government leases), while the advisory committee ensures industry voices help shape how the law is administered."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The regulations narrow and refine the Act's practical scope by prescribing a $420,000 pa threshold (s4) and by excluding specific categories and named premises from the Act (s5, s8–9). They also impose procedural and documentary obligations (mandatory disclosure forms, assignor statements, abandoned goods notices) and administrative charges ($200 certificate) that affect compliance costs (s6, s10, s12, s15). Separately, they modify the former Landlord and Tenant Act by substituting tribunal references with the Magistrates Court and adding civil offences for threats and vexatious conduct (s16), and repeal the 2010 regulations for transition (Schedule 2)."},"complexity_factors":["Multiple categorical exclusions that change which leases are captured (s5, s8–9)","A prescribed monetary threshold that interacts with the Act's coverage ($420,000 pa) (s4)","Detailed mandatory disclosure and assignor forms with extensive appendices (s6, s12, Schedule 1)","Procedural prescription for secret ballots including notice, proxy and ballot integrity rules (s13)","Specification of committee membership by named industry bodies and annual meeting requirement (s14)","Administrative fee and certificate regime (prescribed $200 fee) (s10)","Detailed content requirements for abandoned goods notices (s15)","Modification of the Landlord and Tenant Act including forum substitution and new summary offence provisions (s16)","Repeal of prior regulations, requiring transitional alignment (Schedule 2)","Delegated discretion and operational detail (eg. Commission invitations to nominate, presiding officer powers over ballot papers) increasing implementation choices (s13(h); s14(1))"],"plain_english_summary":"These regulations prescribe practical rules under the Retail and Commercial Leases Act 1995: they set the financial threshold at $420,000 pa (s4), specify classes and named leases to be excluded (s5, s8–9), require standard disclosure and assignor forms (s6, s12, Schedule 1), set a $200 certificate fee (s10) and fix procedures for ballots and an advisory committee (s13–14). They affect lessors, lessees and assignees by allocating who must produce information, pay fees and run voting processes, and by inserting limited conduct offences (s16)."}},"importantCases":[],"_links":{"self":"/api/acts/retail-and-commercial-leases-regulations-2025","history":"/api/acts/retail-and-commercial-leases-regulations-2025/history","analysis":"/api/acts/retail-and-commercial-leases-regulations-2025/analysis","conflicts":"/api/acts/retail-and-commercial-leases-regulations-2025/conflicts","importantCases":"/api/acts/retail-and-commercial-leases-regulations-2025/important-cases","documents":"/api/acts/retail-and-commercial-leases-regulations-2025/documents"}}