{"id":"sr:retail-leases-regulations-2023","name":"Retail Leases Regulations 2023","slug":"retail-leases-regulations-2023","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181399,"registerId":"vic-sr:retail-leases-regulations-2023-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Retail Leases Regulations 2023","content":"Version No. 001\n\n**Retail Leases Regulations 2023**\n\n**S.R. No. 24/2023**\n\nVersion as at  \n15 April 2023\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objectives 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Revocations 1\n\n5 Definitions 2\n\n6 Meaning of *retail premises* 2\n\n7 Provision of landlord's disclosure statement and proposed lease 2\n\n8 Landlord's disclosure on renewal of lease 3\n\n9 Recovery of outgoings from the tenant 3\n\n10 Liability to contribute to non-specific outgoings 3\n\n11 Statement of outgoings 3\n\n12 Procedure for obtaining consent to assignment 3\n\nSchedule 1—Landlord's disclosure statement—retail premises not located in retail shopping centres 5\n\nSchedule 2—Landlord's disclosure statement—retail premises located in retail shopping centres 17\n\nSchedule 3—Landlord's disclosure statement on renewal of lease 33\n\nSchedule 4—Disclosure statement—assigned lease where ongoing business 37\n\n═════════════\n\nEndnotes 42\n\n1 General information 42\n\n2 Table of Amendments 44\n\n3 Explanatory details 45\n\n**Version No.** **001**\n\n**Retail Leases Regulations 2023**\n\n**S.R. No. 24/2023**\n\nVersion as at  \n15 April 2023\n\n\t1 Objectives\n\nThe main objectives of these Regulations are—\n\n(a) to make provision for the amount of occupancy costs for the purpose of excluding certain retail premises; and\n\n(b) to make provision for the amount of outgoings payable by a tenant; and\n\n(c) to prescribe forms of disclosure statement; and\n\n(d) to prescribe other matters required to be prescribed by the **Retail Leases Act 2003**.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 99 of the **Retail Leases Act 2003**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 15 April 2023.\n\n\t4 Revocations\n\nThe following Regulations are **revoked**—\n\n(a) the Retail Leases Regulations 2013[[1]](#endnote-1);\n\n(b) the Retail Leases Amendment Regulations 2022[[2]](#endnote-2).\n\n\t5 Definitions\n\nIn these Regulations—\n\n***fire services property levy***  has the same meaning as ***levy***  has in section 3 of the **Fire Services Property Levy Act 2012**;\n\n***relevant fraction*** means the fraction calculated using this formula—\n\n![]()\n\nwhere—\n\nA is the lettable area of the retail premises; and\n\nB is the total of lettable areas of all the premises which receive the benefit of the outgoings;\n\n***the Act*** means the **Retail Leases Act 2003**.\n\n\t6 Meaning of *retail premises*\n\n(1) For the purposes of section 4(2)(a)  of the Act,  the prescribed amount is $1 000 000 per annum exclusive of GST.\n\n(2) For the purposes of section 4(3)(c) of the Act, advertising and promotional services, including marketing fund contributions, are prescribed as an other cost of a prescribed kind.\n\n\t7 Provision of landlord's disclosure statement and proposed lease\n\nFor the purposes of section 17(1)(a) of the Act, the form of landlord's disclosure statement is in the prescribed form—\n\n(a) in respect of retail premises not located in a retail shopping centre, if it contains the information and material specified in Schedule 1; or\n\n(b) in respect of retail premises located in a retail shopping centre, if it contains the information and material specified in Schedule 2.\n\n\t8 Landlord's disclosure on renewal of lease\n\nFor the purposes of section 26(1) of the Act, the form of landlord's disclosure statement on renewal of a lease is in the form prescribed if it contains the information and material specified in Schedule 3.\n\n\t9 Recovery of outgoings from the tenant\n\nFor the purposes of section 39(2) of the Act, the amount of an outgoing may be determined and apportioned to a tenant by multiplying the total amount of the outgoing by the relevant fraction.\n\n\t10 Liability to contribute to non-specific outgoings\n\nFor the purposes of section 40(2) of the Act, a tenant is not liable to contribute towards an outgoing of the landlord in excess of an amount calculated by multiplying the total amount of the outgoing by the relevant fraction.\n\n\t11 Statement of outgoings\n\n(1) For the purposes of section 47(5)(b)(i) of the Act, the prescribed percentage is 10 per cent.\n\n(2) For the purposes of section 47(6)(a)(v) of the Act, the following are prescribed as other outgoings—\n\n(a) fire services property levy;\n\n(b) owners corporation fees.\n\n\t12 Procedure for obtaining consent to assignment\n\n(1) For the purposes of section 61(5) of the Act, the form of landlord's disclosure statement is—\n\n(a) if the retail premises are not located in a retail shopping centre, in Schedule 1; or\n\n(b) if the retail premises are located in a retail shopping centre, in Schedule 2.\n\n(2) For the purposes of section 61(5A) of the Act, the form of tenant's disclosure statement is in the form prescribed if it contains the information and material specified in Schedule 4.\n\nSchedule 1—Landlord's disclosure statement—retail premises not located in retail shopping centres\n\nRegulations 7(a) and 12(1)(a)\n\nLandlord's Disclosure Statement—Retail Premises not Located in Retail Shopping Centres\n\nby the landlord under sections 17(1)(a) and 61(5) of the  \n**Retail Leases Act 2003**\n\n**NOTE**\n\nThis statement is to be completed by the landlord and must be provided to the tenant with a copy of the proposed lease at least 14 days before the signing of a new lease. If this statement and the proposed lease are provided to the tenant less than 14 days before a new lease is entered into, the lease is taken to commence 14 days after the disclosure statement and proposed lease are given to the tenant.\n\nThe layout of this statement does not need to be the same as the prescribed disclosure statement in the Retail Leases Regulations 2023.\n\nIt is recommended that a tenant obtain independent legal and financial advice before entering into a retail premises lease.\n\nThe tenant has remedies including termination of a lease under the **Retail Leases Act 2003**  if information in this statement is misleading, false or materially incomplete.\n\nInformation contained in this statement is correct as at the date of this statement but may change after the date of this statement and during the term of the lease.\n\n**DISCLOSURE STATEMENT  \nby the landlord**\n\n| **Landlord:** |  |\n| --- | --- |\n| **Tenant:** |  |\n| **Premises:** |  |\n\n- **PART 1 PREMISES**\n- **1** **Premises details**\n- 1.1 Street address of premises[*insert street address of premises and, as applicable, shop number, name of the building in which the premises is located, street address of the building*]\n- 1.2 Plan of premises (if available)[*insert description of premises by reference to a prepared plan. Attach the plan to this disclosure statement as per item 23.1*]\n- 1.3 Lettable area of premises Will a survey be conducted? m2Actual/Estimate🞏 Yes🞏 No\n- 1.4 Existing structures, fixtures, plant and equipment in the premises, provided by the landlord (excluding any works, fit out and refurbishment described in Part 3)\n- [*select as appropriate*]🞏 air conditioning🞏 cool room🞏 floor coverage🞏 grease trap🞏 hot water service🞏 lighting🞏 mechanical exhaust🞏 painted walls 🞏 plastered walls🞏 shop front🞏 sink🞏 sprinklers🞏 suspended ceilings🞏 telephone🞏 water supply🞏 waste\n- 🞏 electrical distribution load (3 phase)🞏 electrical distribution load (single phase)🞏 separate utility meter—gas🞏 separate utility meter—water🞏 separate utility meter—electricity🞏 other\n- 1.5 Services and facilities provided by the landlord for the benefit of the premises (for example, security services, cleaning)\n\n- **2** **Permitted use**\n- 2.1 Description of permitted use(Note: the tenant should investigate if the proposed use of the premises is permitted under planning laws.)\n- **3** **Number of car parking spaces**\n- 3.1 Approximate total spaces spaces\n- 3.2 Available spaces for customers of the building spaces\n- 3.3 Reserved spaces for use of the tenant only spaces\n- **4** **Head lease**\n- 4.1 Is the premises under a head lease or Crown lease? 🞏 Yes🞏 No\n- 4.2 Has the landlord provided a copy of the head lease or Crown lease to the tenant? 🞏 Yes—attached as per item 23.2🞏 No🞏 Not applicable\n- 4.3 Current term under the head lease or Crown lease and option/s to renew 🞏 Not applicable 🞏 Details of head lease as follows: Current term: years / /20 to / /20 Options to renew: years / /20 to / /20[*list any options for further terms held by the landlord under the head lease*]\n- 4.4 Is the head landlord's consent to the lease required? 🞏 Yes🞏 No\n\n- **PART 2 TERM OF LEASE AND OPTION/S TO RENEW LEASE**\n- **5** **Term of lease**\n- 5.1 Date lease commences[*see also date of handover at item 7*] / /20Actual/Estimate\n- 5.2 Length of term years months\n- 5.3 Date lease expires[*based on the date indicated at item 5.1 as the date the lease commences*] / /20\n- **6** **Option/s to renew lease**\n- 6.1 Option/s details (Note: an option to renew a lease must be exercised in writing and given to the landlord on or before the last day stated in the option clause of the lease.) 🞏 No options to renew lease 🞏 Options as follows:\n- Length of option Period of option Exercise date\n- yearsActual/Estimate\nyearsActual/Estimate / /20 to\n/ /20 / /20 to\n/ /20 / /20 to\n/ /20 / /20 to\n/ /20\n- [*list all options to renew lease*]\n- **PART 3 WORKS, FIT OUT AND REFURBISHMENT**\n- **7** **Date of handover**\n- 7.1 Date of handover[*if different to the date the lease commences indicated at item 5.1*] / /20Actual/Estimate\n- **8** **Landlord's works**\n- 8.1 Description of works to be carried out by the landlord before the date the lease commences[*exclude any works that form part of the tenant's fit out at item 9*]\n- 8.2 Estimate of expected contribution by the tenant towards the cost of the landlord's works $\n- [*see also outgoings (item 13) in relation to any maintenance and repair outgoings*]\n- **9** **Tenant's fit out works**\n- 9.1 Fit out works to be carried out by the tenant[*excluding the landlord's works at item 8*]\n- 9.2 Is the landlord providing any contribution towards the cost of the tenant's fit out? 🞏 Yes[*insert details of landlord's contribution*] 🞏 No\n- 9.3 Does the landlord have requirements as to the quality and standard of shop front and fit out? 🞏 Yes[*insert details or provide fit out guide*] 🞏 No\n- **PART 4 RENT**\n- **10** **Annual base rent**\n- 10.1 Starting annual base rent[*i.e. when the lease commences*] $Including/Excluding GST\n- 10.2 Rent free period[*describe any rent free period*]\n- 10.3 Date of rent commencement / /20\n- 10.4 How rent payments are to be made?[*insert description of how rent is paid—e.g. by equal monthly instalments in advance on the first day of each month, other than the first and last payments which are calculated on a pro-rata basis*]\n\n- **11** **Rent adjustment (rent review)**\n- 11.1 Rent adjustment date(s) and adjustment method[*insert a list of all rent adjustment dates and adjustment methods —e.g. fixed increase by X%, fixed increase by $X, current market rent, indexed to CPI*]\n- **PART 5 OUTGOINGS**\n- **12** **Contribution by tenant towards landlord's outgoings**\n- 12.1 Is the tenant required to pay or contribute towards the landlord's outgoings? 🞏 Yes🞏 No\n- 12.2 Describe any period during which the tenant is not required to pay outgoings\n- 12.3 Date on which payment of outgoings is to commence / /20\n- 12.4 Formulae for apportioning outgoings[*insert formulae on how outgoings payable by tenant are to be apportioned*]\n- **13** **Outgoings estimates (annual) for the 12 month period\n/ /20 to / /20**[*state which of the following are payable by the tenant. The landlord may be prevented by the* **Retail Leases Act 2003** *from claiming certain costs*]\n- Estimate per annum for the building (Including/Excluding GST)\n- 13.1 AdministrationAdministration costs (excluding management fees and wages)Management fees $\n$\n- 13.2 Air conditioning/temperature controlAir conditioning maintenanceAir conditioning operating costs(Note: section 52 of the **Retail Leases Act 2003** provides for the landlord's liability for certain costs relating to repairs and maintenance work.) $$\n- 13.3 Building managementBody corporate/strata leviesBuilding intelligence servicesEnergy management servicesGardening and landscapingInsurancePest controlVentilation $$$$$$$\n- 13.4 Building securityCaretakingEmergency systemsFire protectionSecurity services $$$$\n- 13.5 CleaningCleaning consumablesCleaning costs (excluding consumables) $$\n- 13.6 Government rates and chargesLocal government rates and chargesWater, sewerage and drainage rates and chargesFire services property levy(Note: under section 50 of the **Retail Leases Act 2003**, the landlord may not claim land tax as an outgoing.) $\n$$\n\n- 13.7 RepairsRepairs and maintenanceSinking fund for repairs and maintenance(Note: under section 41 of the **Retail Leases Act 2003**, the landlord may not claim the capital costs of the building in which the premises are located)(Note: section 52 of the **Retail Leases Act 2003** provides for the landlord's liability for certain costs relating to repairs and maintenance work.) $$\n- 13.8 Utility servicesElectricityGasOilWater $$$$\n- 13.9 Waste managementSewerage disposalWaste collection and disposal $$\n- 13.10 List any other outgoings $$$\n- 13.11 Estimated tenant contribution to outgoings $\n- **PART 6 OTHER COSTS**\n- **14** **Other monetary obligations and charges**\n- 14.1 Outline any costs arising under the lease including up-front costs or other costs not part of the outgoings and not referred to elsewhere in this disclosure statement[*e.g. interest and legal costs*]\n- **PART 7 ALTERATION WORKS (INCLUDING RENOVATIONS, EXTENSIONS, REDEVELOPMENT, DEMOLITION)**\n- **15** **Alteration works**\n- 15.1 Are there any alteration or demolition works, planned or known to the landlord at this point in time, to the premises or building, including surrounding roads, during the term or any further term or terms? 🞏 Yes [*insert details of the proposed works*] 🞏 No\n- **16** **Clauses in lease dealing with relocation and demolition works**\n- 16.1 Clause(s) in lease providing for relocation of tenant 🞏 Clause(s) of the lease 🞏 Not applicable\n- 16.2 Clause(s) in lease providing for demolition of the premises or building 🞏 Clause(s) of the lease 🞏 Not applicable\n- **PART 8 OTHER DISCLOSURES**\n- **17** **Other disclosures**\n- 17.1 Are there any current legal proceedings in relation to the lawful use of the premises or building? 🞏 Yes [*provide details*] 🞏 No\n- 17.2 Are there any alteration or demolition works, planned or known to the landlord at this point in time, to land adjacent to or in close proximity to the premises or building, during the term or any further term or terms?🞏 Yes [*provide details*] 🞏 No\n\n- **18** **Representations by landlord**\n- 18.1 Any other representations by the landlord or the landlord's agent[*landlord to insert details of any other oral or written representations made by the landlord or the landlord's agent*]\n- **PART 9 LANDLORD ACKNOWLEDGEMENTS AND SIGNATURE**\n- **19** **Acknowledgements by landlord**\n- **By signing this disclosure statement, the landlord confirms and acknowledges that:** ● this disclosure statement contains all representations in relation to the proposed lease by the landlord and the landlord's agents as at the date of this disclosure statement; ● this disclosure statement reflects all agreements that have been made by the parties; ● the landlord has not knowingly withheld information which is likely to have an impact on the tenant's proposed business.\n- **Warnings to landlord when completing this disclosure statement:** ● the tenant may have remedies including termination of lease if the information in this statement is misleading, false or materially incomplete.\n- **20** **Landlord's signature**\n- 20.1 Name of landlord[*insert name of landlord*]\n- 20.2 Signed by the landlord or the landlord's agent for and on behalf of the landlordx................................................................\n- 20.3 Name of the landlord's authorised representative or landlord's agent[*insert name of person signing with the authority of the landlord*]\n- 20.4 Date / /20\n\n- **PART 10 TENANT ACKNOWLEDGEMENTS AND SIGNATURE**\n- **21** **Acknowledgements by the tenant**\n- **By signing this disclosure statement, the tenant confirms and acknowledges that the tenant received this disclosure statement.**\n- **Before entering into a lease, tenants should consider these key questions:** ● Does the planning authority allow your proposed use for the premises under planning law? ● Is the security of your occupancy affected by: ● mortgages, charges or encumbrances granted by the landlord? ● rights and obligations under a head lease? ● Does the premises comply with building and safety regulations? Is the premises affected by outstanding notices by any authority? ● Could your trading be affected by disturbances or changes to the building? ● Does the landlord require you to refurbish the premises regularly or at the end of the lease?\n- ● Can the landlord end the lease early even if you comply with the lease? ● Are all the existing structures, fixtures and plant and equipment in good working order? ● Are you required to make good the premises at the end of the lease?\n- **22** **Tenant's signature**\n- **It is important that a tenant seek independent legal and financial advice before entering into a lease.**\n- 22.1 Name of tenant[*insert name of tenant*]\n- 22.2 Signed by the tenant or for and on behalf of the tenantx......................................................................\n- 22.3 Name of the tenant's authorised representative[*insert name of person signing with the authority of the tenant*]\n- 22.4 Date / /20\n\n- **PART 11 ATTACHMENTS**\n- **23** **List of attachments**\n- Attached?\n- 23.1 Plan of premises\n[*see item 1.2*] 🞏 Yes🞏 Not applicable\n- 23.2 Head lease or Crown lease\n[*see item 4.2*] 🞏 Yes🞏 Not applicable\n- 23.3 Additional attachments[*list of any additional attachments*]\n\n\nSchedule 2—Landlord's disclosure statement—retail premises located in retail shopping centres\n\nRegulations 7(b) and 12(1)(b)\n\nLandlord's Disclosure Statement—retail premises located in Retail Shopping Centres\n\nby the landlord under sections 17(1)(a) and 61(5) of the  \n**Retail Leases Act 2003**\n\n**NOTE**\n\nThis statement is to be completed by the landlord and must be provided to the tenant with a copy of the proposed lease at least 14 days before the signing of a new lease. If this statement and the proposed lease are provided to the tenant less than 14 days before a new lease is entered into, the lease is taken to commence 14 days after the disclosure statement and proposed lease are given to the tenant.\n\nThe layout of this statement does not need to be the same as the prescribed disclosure statement in the Retail Leases Regulations 2023.\n\nIt is recommended that a tenant obtain independent legal and financial advice before entering into a retail premises lease.\n\nThe tenant has remedies including termination of a lease under the **Retail Leases Act 2003**  if information in this statement is misleading, false or materially incomplete.\n\nInformation contained in this statement is correct as at the date of this statement but may change after the date of this statement and during the term of the lease.\n\n**DISCLOSURE STATEMENT  \nby the landlord**\n\n| **Landlord:** |  |\n| --- | --- |\n| **Tenant:** |  |\n| **Premises:** |  |\n\n\n**KEY DISCLOSURE ITEMS**\n\n| **1** | **Annual base rent under the lease**<br>[*see item 10.1*] | $ p.a.<br>Including/Excluding GST |\n| --- | --- | --- |\n| **2** | **Is a rent based on turnover payable by the tenant in year 1?**<br>[*see item 12*] | 🞏 Yes<br>🞏 No |\n| **3** | **Total estimated outgoings and promotion and marketing costs for the tenant in year 1**<br>[*see Parts 5 and 6*] | $<br>Including/Excluding GST |\n| **4** | **Term of the lease**<br>[*see item 5*] | years months |\n| **5** | **Estimated commencement date of the lease**<br>[*see item 5.1*] | / /20 |\n| **6** | **Estimated handover date of the premises**<br>[*see item 7.1*] | / /20 |\n| **7** | **Does the tenant have an option to renew for a further period (exercised in writing and given to the landlord on or before the last day stated in the option clause)?**<br>[*see item 6*] | 🞏 Yes<br>🞏 No |\n| **8** | **Does the lease provide the tenant with exclusivity in relation to the permitted use of the premises?**<br>[*see item 2.2*] | 🞏 Yes<br>🞏 No |\n\n- **PART 1 PREMISES**\n- **1** **Premises details**\n- 1.1 Street address of premises[*insert street address of premises and, as applicable, shop number, name of the building/centre in which the premises is located, street address of the building/centre*]\n- 1.2 Plan of premises (if available)[*insert description of premises by reference to a prepared plan. Attach the plan to this disclosure statement as per item 33.1*]\n- 1.3 Lettable area of premises Will a survey be conducted? m2Actual/Estimate🞏 Yes🞏 No\n- 1.4 Existing structures, fixtures, plant and equipment in the premises, provided by the landlord (excluding any works, fit out and refurbishment described in Part 3)\n- [*select as appropriate*]🞏 air conditioning🞏 cool room🞏 floor coverage🞏 grease trap🞏 hot water service🞏 lighting🞏 mechanical exhaust🞏 painted walls 🞏 plastered walls🞏 shop front🞏 sink🞏 sprinklers🞏 suspended ceilings🞏 telephone🞏 water supply🞏 waste\n- 🞏 electrical distribution load (3 phase)🞏 electrical distribution load (single phase)🞏 separate utility meter—gas🞏 separate utility meter—water🞏 separate utility meter—electricity🞏 other\n- 1.5 Services and facilities provided by the landlord for the benefit of the premises (for example, security services, cleaning)\n\n- **2** **Permitted use**\n- 2.1 Description of permitted use(Note: the tenant should investigate if the proposed use of the premises is permitted under planning laws.)\n- 2.2 Is the permitted use described in item 2.1 exclusive to the tenant? 🞏 Yes🞏 No\n- **3** **Number of car parking spaces**\n- 3.1 Approximate total spaces spaces\n- 3.2 Available spaces for customers of the building/centre spaces\n- 3.3 Reserved spaces for use of the tenant only spaces\n- **4** **Head lease**\n- 4.1 Is the premises under a head lease or Crown lease? 🞏 Yes🞏 No\n- 4.2 Has the landlord provided a copy of the head lease or Crown lease to the tenant? 🞏 Yes—attached as per item 33.2🞏 No🞏 Not applicable\n- 4.3 Current term under the head lease or Crown lease and option/s to renew 🞏 Not applicable 🞏 Details of head lease as follows: Current term: years / /20 to / /20 Options to renew: years / /20 to / /20[*list any options for further terms held by the landlord under the head lease*]\n- 4.4 Is the head landlord's consent to the lease required? 🞏 Yes🞏 No\n- **PART 2 TERM OF LEASE AND OPTION/S TO RENEW LEASE**\n- **5** **Term of lease**\n- 5.1 Date lease commences[*see also date of handover at item 7*] / /20Actual/Estimate\n- 5.2 Length of term years months\n- 5.3 Date lease expires[*based on the date indicated at item 5.1 as the date the lease commences*] / /20\n- **6** **Option/s to renew lease**\n- 6.1 Option/s details (Note: an option to renew a lease must be exercised in writing and given to the landlord on or before the last day stated in the option clause of the lease.) 🞏 No options to renew lease 🞏 Options as follows:\n- Length of option Period of option Exercise date\n- yearsActual/Estimate\nyearsActual/Estimate / /20 to\n/ /20 / /20 to\n/ /20 / /20 to\n/ /20 / /20 to\n/ /20\n- [*list all options to renew lease*]\n- **PART 3 WORKS, FIT OUT AND REFURBISHMENT**\n- **7** **Date of handover**\n- 7.1 Date of handover[*if different to the date the lease commences indicated at item 5.1*] / /20Actual/Estimate\n- **8** **Landlord's works**\n- 8.1 Description of works to be carried out by the landlord before the date the lease commences[*exclude any works that form part of the tenant's fit out at item 9*]\n- 8.2 Estimate of expected contribution by the tenant towards the cost of the landlord's works $\n- [*see also outgoings (item 14) in relation to any maintenance and repair outgoings*]\n- **9** **Tenant's fit out works**\n- 9.1 Fit out works to be carried out by the tenant[*excluding the landlord's works at item 8*]\n- 9.2 Is the landlord providing any contribution towards the cost of the tenant's fit out? 🞏 Yes[*insert details of landlord's contribution*] 🞏 No\n- 9.3 Does the landlord have requirements as to the quality and standard of shop front and fit out? 🞏 Yes[*insert details or provide fit out guide*] 🞏 No\n- **PART 4 RENT**\n- **10** **Annual base rent**\n- 10.1 Starting annual base rent[*i.e. when the lease commences*] $Including/Excluding GST\n- 10.2 Rent free period[*describe any rent free period*]\n- 10.3 Date of rent commencement / /20\n- 10.4 How rent payments are to be made?[*insert description of how rent is paid—e.g. by equal monthly instalments in advance on the first day of each month, other than the first and last payments which are calculated on a pro-rata basis*]\n\n- **11** **Rent adjustment (rent review)**\n- 11.1 Rent adjustment date(s) and adjustment method[*insert a list of all rent adjustment dates and adjustment methods —e.g. fixed increase by X%, fixed increase by $X, current market rent, indexed to CPI*]\n- **12** **Rent based on turnover**\n- 12.1 Is a rent based on turnover payable by the tenant?(Note: the lease must specify the method by which a rent based on turnover is to be determined.) 🞏 Yes [*insert method of calculating the turnover rent*] 🞏 No\n- 12.2 If a rent based on turnover is not required to be paid, does the landlord require the tenant to provide details of turnover? 🞏 Yes🞏 No\n- **PART 5 OUTGOINGS**\n- **13** **Contribution by tenant towards landlord's outgoings**\n- 13.1 Is the tenant required to pay or contribute towards the landlord's outgoings? 🞏 Yes🞏 No\n- 13.2 Describe any period during which the tenant is not required to pay outgoings\n- 13.3 Date on which payment of outgoings is to commence / /20\n- 13.4 Formulae for apportioning outgoings[*insert formulae on how outgoings payable by tenant are to be apportioned*]\n\n- **14** **Outgoings estimates (annual) for the 12 month period\n/ /20 to / /20**[*state which of the following are payable by the tenant*] (Note: The landlord may be prevented by the **Retail Leases Act 2003** from claiming certain costs.)\n- Estimate per annum for the building/centre(Including/Excluding GST)\n- 14.1 AdministrationAdministration costs (excluding management fees and wages)Management fees $\n$\n- 14.2 Air conditioning/temperature controlAir conditioning maintenanceAir conditioning operating costs(Note: section 52 of the **Retail Leases Act 2003** provides for the landlord's liability for certain costs relating to repairs and maintenance work.) $$\n- 14.3 Building/centre managementBody corporate/strata leviesBuilding intelligence servicesCustomer traffic flow servicesEnergy management servicesGardening and landscapingInsurancePest controlVentilation $$$$$$$$\n- 14.4 Building/centre securityCaretakingEmergency systemsFire protectionSecurity services $$$$\n\n| 14.5 | Cleaning<br>Cleaning consumables<br>Cleaning costs (excluding consumables) | $<br>$ |\n| --- | --- | --- |\n| 14.6 | Communications<br>Post boxes<br>Public telephones | $<br>$ |\n| 14.7 | Customer facilities<br>Car parking<br>Child minding<br>Escalators<br>Lifts<br>Uniforms | $<br>$<br>$<br>$<br>$ |\n| 14.8 | Customer information services<br>Information directories<br>Public address/music<br>Signage | $<br>$<br>$ |\n| 14.9 | Government rates and charges<br>Local government rates and charges<br>Water, sewerage and drainage rates and charges<br>Fire services property levy<br>(Note: under section 50 of the **Retail Leases Act 2003**, the landlord may not claim land tax as an outgoing.) | $   <br>$<br>$ |\n| 14.10 | Repairs<br>Repairs and maintenance<br>Sinking fund for repairs and maintenance<br>(Note: section 52 of the **Retail Leases Act 2003** provides for the landlord's liability for certain costs relating to repairs and maintenance work.) | $<br>$ |\n\n- 14.11 Utility servicesElectricityGasOilWater $$$$\n- 14.12 Waste managementSewerage disposalWaste collection and disposal $$\n- 14.13 List any other outgoings $$$\n- 14.14 Total outgoings for the building/centre $\n- 14.15 Formula for determining tenant's share of the total outgoings for the building/centre\n- 14.16 Estimated tenant contribution to outgoings $\n- **PART 6 OTHER COSTS**\n- **15** **Advertising and promotional costs**\n- 15.1 Is the tenant required to contribute towards advertising and promotional costs (including marketing fund contributions) for the building/centre? 🞏 Yes🞏 No\n- 15.2 Tenant's contribution to advertising and promotional costs per annum 🞏 Not applicable 🞏 Yes—contribution per annum is $ Actual/Estimate 🞏 Yes—contribution per annum is % of the rent (excluding GST) payable from time to time 🞏 Yes [*insert details of tenant's contribution per annum and how this is determined*]\n\n- **16** **Other monetary obligations and charges**\n- 16.1 Outline any costs arising under the lease including up-front costs or other costs not part of the outgoings and not referred to elsewhere in this disclosure statement[*e.g. interest and legal costs*]\n- **PART 7 ALTERATION WORKS (INCLUDING RENOVATIONS, EXTENSIONS, REDEVELOPMENT, DEMOLITION)**\n- **17** **Alteration works**\n- 17.1 Are there any alteration or demolition works, planned or known to the landlord at this point in time, to the premises or building/centre, including surrounding roads, during the term or any further term or terms? 🞏 Yes [*insert details of the proposed works*] 🞏 No\n- **18** **Clauses in lease dealing with relocation and demolition works**\n- 18.1 Clause(s) in lease providing for relocation of tenant 🞏 Clause(s) of the lease 🞏 Not applicable\n- 18.2 Clause(s) in lease providing for demolition of the premises or building/centre 🞏 Clause(s) of the lease 🞏 Not applicable\n- **PART 8 TRADING HOURS**\n- **19** **Core trading hours relevant to the tenant**\n- Monday Tuesday Wednesday Thursday Friday a.m. to p.m. a.m. to p.m. a.m. to p.m. a.m. to p.m. a.m. to p.m.\n\n- Saturday Sunday a.m. to p.m. a.m. to p.m.\n- Public holidays a.m. to p.m.\n- **20** **Tenant access to premises outside core trading hours**\n- 20.1 Is the tenant permitted to access the premises and building/centre outside core trading hours? 🞏 Yes [*provide details including cost of access*] 🞏 No\n- **PART 9 RETAIL SHOPPING CENTRE DETAILS**\n- **21** **Retail shopping centre details**\n- 21.1 Total number of shops shops\n- 21.2 Gross lettable area of the centre m2Actual/Estimate\n- **22** **Annual turnover of the shopping centre**\n- 22.1 Annual estimated turnover\n(where collected) $Including GST/\nExcluding GST\n- 22.2 Annual estimated turnover by specialty shops per m2\n(where collected) Food\n\nNon-food\n\nServices $ per m2\nIncluding GST/\nExcluding GST$ per m2\nIncluding GST/\nExcluding GST$ per m2\nIncluding GST/\nExcluding GST\n\n- **23** **Major/anchor tenants**\n- 23.1 Major/anchor tenants and lease expiry dates[*list all major and anchor tenants (e.g. department stores, discount department stores, supermarkets) and the dates on which leases held by those tenants expire*]\n- **24** **Floor plan and tenancy mix**\n- 24.1 Floor plan showing tenancy mix, common areas, common area trading, kiosks and major tenants 🞏 Attached as per item 33.4\n- 24.2 Does the landlord assure the tenant that the current tenant mix will not be altered by the introduction of a competitor? 🞏 Yes🞏 No\n- **25** **Customer traffic flow information**\n- 25.1 Does the landlord collect customer traffic flow information? 🞏 Yes—attached as per item 33.5🞏 No\n- **26** **Casual mall licensing for common areas**\n- 26.1 Does the landlord adhere to the Shopping Centre Council of Australia's Casual Mall Licensing Code of Practice? 🞏 Yes—casual mall licensing policy attached as per item 33.6🞏 No\n- **PART 10 OTHER DISCLOSURES**\n- **27** **Other disclosures**\n- 27.1 Are there any current legal proceedings in relation to the lawful use of the premises or building/centre?🞏 Yes[*provide details*]🞏 No\n\n- 27.2 Are there any alteration or demolition works, planned or known to the landlord at this point in time, to land adjacent to or in close proximity to the premises or building/centre, during the term or any further term or terms?🞏 Yes[*provide details*]🞏 No\n- **28** **Representations by landlord**\n- 28.1 Any other representations by the landlord or the landlord's agent[*landlord to insert details of any other oral or written representations made by the landlord or the landlord's agent*]\n- **PART 11 LANDLORD ACKNOWLEDGEMENTS AND SIGNATURE**\n- **29** **Acknowledgements by landlord**\n- **By signing this disclosure statement, the landlord confirms and acknowledges that:** ● this disclosure statement contains all representations in relation to the proposed lease by the landlord and the landlord's agents as at the date of this disclosure statement; ● this disclosure statement reflects all agreements that have been made by the parties; ● the landlord has not knowingly withheld information which is likely to have an impact on the tenant's proposed business.\n- **Warnings to landlord when completing this disclosure statement:** ● the tenant may have remedies including termination of lease if the information in this statement is misleading, false or materially incomplete.\n- **30** **Landlord's signature**\n- 30.1 Name of landlord[*insert name of landlord*]\n- 30.2 Signed by the landlord or the landlord's agent for and on behalf of the landlordx................................................................\n\n- 30.3 Name of the landlord's authorised representative or landlord's agent[*insert name of person signing with the authority of the landlord*]\n- 30.4 Date / /20\n- **PART 12 TENANT ACKNOWLEDGEMENTS AND SIGNATURE**\n- **31** **Acknowledgements by the tenant**\n- **By signing this disclosure statement, the tenant confirms and acknowledges that the tenant received this disclosure statement.**\n- **Before entering into a lease, tenants should consider these key questions:** ● Does the planning authority allow your proposed use for the premises under planning law? ● Is the security of your occupancy affected by: ● mortgages, charges or encumbrances granted by the landlord? ● rights and obligations under a head lease? ● Does the premises comply with building and safety regulations? Is the premises affected by outstanding notices by any authority? ● Could your trading be affected by disturbances or changes to the building/centre? ● Does the landlord require you to refurbish the premises regularly or at the end of the lease?\n- ● Can the landlord end the lease early even if you comply with the lease? ● Are all the existing structures, fixtures and plant and equipment in good working order? ● Are you required to make good the premises at the end of the lease? ● Is the tenancy mix of the shopping centre likely to change during the term of the lease? [*see item 24.2*]\n- **32** **Tenant's signature**\n- **It is important that a tenant seek independent legal and financial advice before entering into a lease.**\n- 32.1 Name of tenant[*insert name of tenant*]\n\n- 32.2 Signed by the tenant or for and on behalf of the tenantx......................................................................\n- 32.3 Name of the tenant's authorised representative[*insert name of person signing with the authority of the tenant*]\n- 32.4 Date / /20\n- **PART 13 ATTACHMENTS**\n- **33** **List of attachments**\n- Attached?\n- 33.1 Plan of premises\n[*see item 1.2*] 🞏 Yes🞏 Not applicable\n- 33.2 Head lease or Crown lease\n[*see item 4.2*] 🞏 Yes🞏 Not applicable\n- 33.3 Additional attachments[*list of any additional attachments*]\n- 33.4 Floor plan\n[*see item 24.1*] 🞏 Yes🞏 Not applicable\n- 33.5 Customer traffic flow statistics\n[*see item 25.1*] 🞏 Yes🞏 Not applicable\n- 33.6 Casual mall licensing policy\n[*see item 26.1*] 🞏 Yes🞏 Not applicable\n- 33.7 Additional attachments relating to the retail shopping centre[*list of any additional attachments*]\n\n\nSchedule 3—Landlord's disclosure statement on renewal of lease\n\nRegulation 8\n\nLandlord's Disclosure Statement on Renewal of Lease\n\nby the landlord under section 26(1) of the  \n**Retail Leases Act 2003**\n\n**NOTE**\n\nThis statement is to be completed by the landlord for renewed leases under section 26(1) of the **Retail Leases Act 2003**.\n\nIf the tenant has exercised or is entitled to exercise an option to renew a retail premises lease, the landlord is required to provide this statement to the tenant at least 21 days before the end of the current term.\n\nIn the situation where all of the parties to a retail premises lease enter into an agreement to renew the lease, the landlord is required to provide this statement to the tenant no later than 14 days after the entering into of the agreement.\n\nThe layout of this statement does not need to be the same as the prescribed disclosure statement in the Retail Leases Regulations 2023.\n\nIt is recommended that a tenant obtain independent legal and financial advice before renewing a retail premises lease.\n\nThe tenant has remedies including termination of a lease under the **Retail Leases Act 2003**  if information in this statement is misleading, false or materially incomplete.\n\nInformation contained in this statement is correct as at the date of this statement but may change after the date of this statement and during the term of the lease.\n\n**DISCLOSURE STATEMENT  \nby the landlord**\n\n| **Landlord:** |  |\n| --- | --- |\n| **Tenant:** |  |\n| **Premises:** |  |\n\n\n\n\n\n- **PART 1 KEY INFORMATION**\n- **1** **Renewal of lease**\n- 1.1 Date on which the option to renew the lease agreement for the premises was exercised, or date on which all of the parties to the lease entered into an agreement to renew the lease. [*landlord to insert date*]\n- 1.2 Details of any changes from previous disclosure statement.\n- **2** **Alteration works**\n- 2.1 Are there any alteration or demolition works, planned or known to the landlord at this point in time, to the premises or building/centre, including surrounding roads, during the term or any further term or terms? 🞏 Yes [*insert details of the proposed works*] 🞏 No\n- 2.2 Details of any changes from previous disclosure statement.\n- **3** **Other matters**\n- 3.1 Are there any other matters that may materially affect the tenant's ongoing business and are not referred to in the lease? [*e.g. current legal proceedings, planned changes to tenancy mix*]🞏 Yes[*insert details*]🞏 No\n- 3.2 Are there any alteration or demolition works, planned or known to the landlord at this point in time, to land adjacent to or in close proximity to the premises or building/centre, during the term or any further term or terms?🞏 Yes[*provide details*]🞏 No\n- 3.3 Details of any changes from previous disclosure statement.\n\n- **4** **Other monetary obligations and charges**\n- 4.1 Outline any other costs arising under the renewed lease not including costs that are: referred to in the statement of outgoings under section 47 of the **Retail Leases Act 2003**; or  referred to elsewhere in this disclosure statement.[*e.g. interest and legal costs*]\n- 4.2 Details of any changes from previous disclosure statement.\n- **PART 2 LANDLORD ACKNOWLEDGEMENTS AND SIGNATURE**\n- **5** **Acknowledgements by landlord**\n- **By signing this disclosure statement, the landlord confirms and acknowledges that:** ● the landlord has not knowingly withheld information that may materially affect the tenant's ongoing business.\n- **Warning to landlord when completing this disclosure statement:** ● the tenant may have remedies including termination of lease if the information in this statement is misleading, false or materially incomplete.\n- **6** **Landlord's signature**\n- 6.1 Name of landlord[*insert name of landlord*]\n- 6.2 Signed by the landlord or the landlord's agent for and on behalf of the landlordx................................................................\n- 6.3 Name of the landlord's authorised representative or landlord's agent[*insert name of person signing with the authority of the landlord*]\n- 6.4 Date / /20\n\n- **PART 3 TENANT ACKNOWLEDGEMENTS AND SIGNATURE**\n- **7** **Acknowledgements by the tenant**\n- **By signing this disclosure statement, the tenant confirms and acknowledges that the tenant received this disclosure statement.**\n- **8** **Tenant's signature**\n- **It is important that a tenant seek independent legal and financial advice before renewing the lease.**\n- 8.1 Name of tenant[*insert name of tenant*]\n- 8.2 Signed by the tenant or for and on behalf of the tenantx......................................................................\n- 8.3 Name of the tenant's authorised representative[*insert name of person signing with the authority of the tenant*]\n- 8.4 Date / /20\n\n\nSchedule 4—Disclosure statement—assigned lease where ongoing business\n\nRegulation 12(2)\n\nDisclosure Statement—Assigned Lease Where Ongoing Business\n\nby the tenant under section 61(5A) of the  \n**Retail Leases Act 2003**\n\n**NOTE**\n\nThis statement is to be completed by the tenant if a lease assignment referred to in section 61(5A) of the **Retail Leases Act 2003** is proposed. The statement should be provided to the landlord and proposed assignee.\n\nBefore the tenant requests the landlord's consent to the assignment, the tenant must give the proposed assignee a copy of the landlord's disclosure statement and details of changes that have affected the information in that statement since it was given to the tenant (see section 61(3) of the **Retail Leases Act 2003**).\n\nThe layout of this statement does not need to be the same as the prescribed disclosure statement in the Retail Leases Regulations 2023.\n\nIt is recommended that a proposed assignee obtain independent legal and financial advice before taking an assignment of a retail premises lease.\n\nInformation contained in this statement is correct as at the date of this statement but may change after the date of this statement and during the term of the lease.\n\n**DISCLOSURE STATEMENT  \nby the tenant**\n\n| **Tenant:** |  |\n| --- | --- |\n| **Proposed assignee:** |  |\n| **Landlord:** |  |\n| **Premises:** |  |\n\n\n\n\n\n- **PART 1 ASSIGNMENT**\n- **1** **Business records**\n- 1.1 Has the tenant provided the proposed assignee with business records for the previous 3 years or such shorter period as the tenant has carried on business at the premises? 🞏 Yes 🞏 No\n- **2** **Landlord notices**\n- 2.1 Over the term of the current lease agreement, has the landlord given any notices under the **Retail Leases Act 2003** to the tenant? 🞏 Yes [*insert details of notices given by the landlord*] 🞏 No\n- **3** **Lease variations**\n- 3.1 Have there been any material variations to the lease since the lease was first granted or last renewed? 🞏 Yes [*insert details of lease variations*] 🞏 No\n- **4** **Advice on outgoings**\n- 4.1 If the tenant had occupied the premises for a period of greater than 12 months, what type and value of outgoings was the tenant liable to pay to the landlord with respect to the premises over the last 12 months?[*tenant to list the type and value of outgoings paid to the landlord over the previous 12 month period*]\n- **5** **Disputes**\n- 5.1 Are there any current disputes between the landlord and tenant under or in relation to the lease? 🞏 Yes [*insert details*] 🞏 No\n- **6** **Other matters**\n- 6.1 Are there any matters not connected to the lease agreement, planned or known to the tenant at this point in time that may materially affect the viability of the ongoing business over the remaining lease period? 🞏 Yes [*insert details*] 🞏 No\n- 6.2 Are there any alteration or demolition works, planned or known to the tenant at this point in time, to the premises or building/centre, including surrounding roads, during the term or any further term or terms?🞏 Yes [*provide details*] 🞏 No\n- 6.3 Are there any alteration or demolition works, planned or known to the tenant at this point in time, to land adjacent to or in close proximity to the premises or building/centre, during the term or any further term or terms?🞏 Yes [*provide details*] 🞏 No\n- **PART 2 TENANT ACKNOWLEDGEMENTS AND SIGNATURE**\n- **7** **Acknowledgements by tenant**\n- **By signing this disclosure statement, the tenant confirms and acknowledges that:** ● this disclosure statement contains all representations in relation to the proposed lease and ongoing business by the tenant and the tenant's agents as at the date of this disclosure statement; ● the tenant has not knowingly withheld information that may materially affect the proposed assignee's ongoing business.\n\n- **8** **Tenant's signature**\n- 8.1 Name of tenant[*insert name of tenant*]\n- 8.2 Signed by the tenant or the tenant's agent for and on behalf of the tenantx................................................................\n- 8.3 Name of the tenant's authorised representative or tenant's agent[*insert name of person signing with the authority of the tenant*]\n- 8.4 Date / /20\n- **PART 3 PROPOSED ASSIGNEE ACKNOWLEDGEMENTS AND SIGNATURE**\n- **9** **Acknowledgements by the proposed assignee**\n- **By signing this disclosure statement, the proposed assignee confirms and acknowledges that the proposed assignee received this disclosure statement.**\n- **10** **Proposed assignee's signature**\n- **It is important that a proposed assignee seek independent legal and financial advice before taking assignment of a lease.**\n- 10.1 Name of proposed assignee[*insert name of proposed assignee*]\n- 10.2 Signed by the proposed assignee or for and on behalf of the proposed assigneex......................................................................\n- 10.3 Name of the proposed assignee's authorised representative[*insert name of person signing with the authority of the proposed assignee*]\n- 10.4 Date / /20\n\n- **PART 4 LANDLORD ACKNOWLEDGEMENTS AND SIGNATURE**\n- **11** **Acknowledgements by landlord**\n- **By signing this disclosure statement, the landlord confirms and acknowledges that the landlord received this disclosure statement.**\n- **12** **Landlord's signature**\n- 12.1 Name of landlord[*insert name of landlord*]\n- 12.2 Signed by the landlord or the landlord's agent for and on behalf of the landlordx................................................................\n- 12.3 Name of the landlord's authorised representative or landlord's agent[*insert name of person signing with the authority of the landlord*]\n\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Retail Leases Regulations 2023, S.R. No. 24/2023 were made on 4 April 2023 by the Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, under section 99 of the **Retail Leases Act 2003**, No. 4/2003 and came into operation on 15 April 2023: regulation 3.\n\nThe Retail Leases Regulations 2023 will sunset 10 years after the day of making on 4 April 2033 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the Retail Leases Regulations 2023 by statutory rules, subordinate instruments and Acts.\n\n3 Explanatory details\n\n1. Reg. 4(a): S.R. No. 41/2013 as amended by S.R. No. 99/2022. [↑](#endnote-ref-1)\n\n2. Reg. 4(b): S.R. No. 99/2022. [↑](#endnote-ref-2)","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"Regulation 8; Schedule 3 Note and item 1.1","severity":"high","reasoning":"Regulation 8 prescribes a form containing Schedule 3's specified information. The Schedule 3 Note requires the statement where the tenant “has exercised or is entitled to exercise” an option. Item 1.1 requires the date the option “was exercised”, or the date all parties agreed to renew. Mere entitlement does not establish either event or date, leaving that permitted path without truthful information responsive to item 1.1.","confidence":0.96,"description":"The prescribed renewal disclosure statement applies when a tenant is merely entitled to exercise an option, but item 1.1 requires an exercise date or renewal-agreement date, neither of which necessarily exists.","source_quotes":["If the tenant has exercised or is entitled to exercise an option to renew a retail premises lease, the landlord is required to provide this statement to the tenant at least 21 days before the end of the current term.","1.1 Date on which the option to renew the lease agreement for the premises was exercised, or date on which all of the parties to the lease entered into an agreement to renew the lease. [*landlord to insert date*]"]}],"contradictions":[]},"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":4,"scope_assessment":{"changed":false,"description":"Unable to determine scope change from the provided document, as it contains only version history metadata rather than the substantive regulatory text. No comparison between original intent and final provisions can be made on available information."},"complexity_factors":["Insufficient legislative text provided — only metadata and version history were included, preventing full substantive analysis","Retail lease law inherently involves interplay between parent Act and subordinate regulations, requiring cross-referencing","Commercial lease concepts (outgoings, disclosure statements, rent reviews) can be technical for laypeople","Regulations may incorporate or modify definitions from the parent Retail Leases Act, adding interpretive layers","Complexity score is conservatively assessed due to lack of actual regulatory content to evaluate"],"plain_english_summary":"This instrument provides the supporting rules for the Retail Leases Act, governing how retail shop leases operate and affecting retail tenants, landlords and leasing agents. It covers practical matters such as pre‑lease disclosure, limits on key money, prescribed forms, cooling‑off and what outgoings can be passed on — though the supplied file appears mostly metadata, not the full regulatory text."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Regulations replace earlier subordinate rules (reg 4) and narrow/clarify operational scope by prescribing numeric thresholds, an apportionment formula and specific recoverable outgoings (reg 6(1) $1,000,000; reg 6(2) advertising/promotions; regs 9–10 relevant fraction; reg 11 prescribed percentage and outgoings). They also standardise disclosure documents and timing for landlords, tenants and assignees (Schedules 1–4; regs 7, 8, 12), shifting compliance from general principles in the Act to concrete, administrable requirements."},"complexity_factors":["Multiple prescribed forms and schedules for different contexts (Schedules 1–4; regs 7, 8, 12) increasing document-compliance burden","Numeric thresholds and caps to apply (occupancy exclusion $1,000,000 — reg 6(1); 10% prescribed percentage — reg 11(1))","Calculation rule for apportioning outgoings via the \"relevant fraction\" (definition in reg 5 and application in regs 9–10)","Prescription of specific recoverable outgoings (advertising/promotions — reg 6(2); fire services property levy and owners corporation fees — reg 11(2))","Interplay with primary Act provisions (numerous references to Retail Leases Act 2003 sections) requiring cross-referencing","Timing requirements for disclosure (14 days for new leases; 21/14 days for renewals — Schedules and regs 7, 8) affecting transaction scheduling","Revocation of prior regulations (reg 4) meaning transitional or practice changes for stakeholders"],"plain_english_summary":"These Regulations add detailed, measurable rules to the Retail Leases Act 2003: they set an occupancy-cost exclusion threshold of $1,000,000 p.a. (reg 6(1)), treat advertising/promotional services as a recoverable outgoing (reg 6(2)), and fix the method for apportioning outgoings using a \"relevant fraction\" (regs 5, 9–10). They also prescribe standard disclosure forms and timing for landlords and assigning tenants (Schedules 1–4; regs 7, 8, 12). Practically, landlords must disclose specified information; tenants pay apportioned outgoings as calculated."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations remain tightly scoped to their original purpose under the Retail Leases Act 2003. They prescribe specific monetary thresholds ($1M occupancy cost cap), disclosure forms, and outgoing calculation methods exactly as authorised by the parent Act. The 2023 version replaces the 2013 regulations but maintains the same structural approach—updating forms and thresholds without expanding into new substantive areas beyond the Act's framework."},"complexity_factors":["Length is substantial due to four detailed schedule templates (forms), but the operative regulations (sections 1-12) are only 12 provisions","Only 3 defined terms in regulation 5, though the schedules contain extensive field-specific terminology","Heavy cross-referencing to the parent Retail Leases Act 2003 (sections 4, 17, 26, 39, 40, 47, 50, 52, 61, 99)","Mathematical formula for 'relevant fraction' requires calculation based on lettable areas","Multiple conditional triggers: different forms apply depending on whether premises are in shopping centres, whether it's a renewal vs new lease vs assignment","Schedules contain nested conditional fields (tick boxes, 'if yes provide details') creating branching logic within forms","Temporal complexity: different timeframes for disclosure (14 days for new leases, 21 days for renewals, 14 days after agreement for negotiated renewals)"],"plain_english_summary":"This is Victorian subordinate legislation (regulations) that operates under the Retail Leases Act 2003. It sets out the practical rules and paperwork for commercial leases of retail shops in Victoria.\n\n**What it does:**\n- **Sets financial thresholds**: Defines which retail premises are covered by the Act. If a tenant's total occupancy costs (rent + outgoings) exceed $1 million per year (excluding GST), the premises are excluded from the Act's protections.\n- **Standardises disclosure forms**: Provides four detailed templates that landlords and tenants must use:\n  - **Schedule 1**: For new leases of shops *not* in shopping centres (standalone retail)\n  - **Schedule 2**: For new leases of shops *in* shopping centres (includes extra details like turnover rent, trading hours, centre marketing costs, and tenant mix)\n  - **Schedule 3**: For lease renewals (must be given 21 days before the current lease ends)\n  - **Schedule 4**: For when a tenant wants to sell/transfer their lease to someone else (assignment)\n\n**Key protections for tenants:**\n- Landlords must provide these disclosure statements at least **14 days** before signing a new lease (or 21 days for renewals). If they're late, the lease start date is pushed back.\n- Tenants can terminate the lease if the disclosure is misleading, false, or missing important information.\n- Caps on what landlords can charge for **outgoings** (operating costs like cleaning, security, rates). Landlords can't claim land tax or capital costs.\n- Specific formula (**\"relevant fraction\"**) for calculating each tenant's share of building costs based on their floor area.\n\n**Who it affects:**\n- **Landlords** of retail premises in Victoria (shopping centres and standalone shops)\n- **Tenants** of retail premises (shops, cafes, restaurants, etc.)\n- **Buyers of existing businesses** who are taking over a lease\n\n**Why it matters:**\nRetail leases are high-stakes contracts with big financial commitments. These regulations level the playing field by forcing landlords to disclose all costs upfront—rent, outgoings, planned renovations, competing tenants nearby—so small business owners can't be ambushed by hidden fees or sudden demolition clauses. The forms are legally binding, and getting them wrong can let a tenant walk away from the deal."}},"importantCases":[],"_links":{"self":"/api/acts/retail-leases-regulations-2023","history":"/api/acts/retail-leases-regulations-2023/history","analysis":"/api/acts/retail-leases-regulations-2023/analysis","conflicts":"/api/acts/retail-leases-regulations-2023/conflicts","importantCases":"/api/acts/retail-leases-regulations-2023/important-cases","documents":"/api/acts/retail-leases-regulations-2023/documents"}}