{"id":"qld:sl-2016-0223","name":"Retail Shop Leases Regulation 2016","slug":"retail-shop-leases-regulation-2016","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"223 of 2016","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175095,"registerId":"qld-qld:sl-2016-0223-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis regulation may be cited as the Retail Shop Leases Regulation 2016 .","sortOrder":1},{"sectionNumber":"pt.2","sectionType":"part","heading":"Disclosure statements","content":"# Disclosure statements","sortOrder":2},{"sectionNumber":"sec.2","sectionType":"section","heading":"Prescribed particulars for lessor’s disclosure statement","content":"### sec.2 Prescribed particulars for lessor’s disclosure statement\n\nThe prescribed particulars for a disclosure statement given by a lessor of a retail shop under section 21B or 22C (1) of the Act are the following—\nthe names of the lessor and lessee;\nthe address of the retail shop;\nthe plan of premises (if any);\nthe term of the lease;\nthe date the lessee is entitled to occupy the retail shop, if different to the date or estimated date the lease starts;\nif the lease is a sublease, details of the head lease;\ndetails of any option to renew the lease, including—\nthe date by which the lessee must exercise the option; and\nthe option period;\nthe following details about the rent—\nthe starting annual base rent;\nthe method of payment;\nthe date from which rent is payable under the lease;\nany rent free period;\nfor any rent adjustment, the method for calculation and when it is calculated;\nif turnover rent is payable, the method for calculating the turnover rent;\nif turnover rent is not payable, whether or not the lessee is required to give information to the lessor about turnover of the lessee’s business;\ndetails of any payments to be made by the lessee under the lease for the lessor’s outgoings during the first year of the lease or, if the term of the lease is less than 1 year, that period, including details of—\nthe date the payments start; and\nhow the lessee’s payments are calculated; and\nany period when the lessee is not required to make a payment;\ndetails of the lessee’s liability to pay costs arising under the lease, including—\npromotion amounts; and\namounts under section 48 (2) of the Act ;\nthe core trading hours for the retail shop;\nthe lessee’s entitlement, if any, to access the retail shop outside core trading hours, including any cost payable by the lessee;\nidentification of any provision in the lease about—\ndemolishing the retail shop, leased building or the retail shopping centre in which the retail shop is or is to be located; or\nrelocating the lessee’s business to different premises;\nthe lessee’s permitted use of the retail shop and whether or not the use is exclusive to the lessee;\nif the retail shop is, or is to be, located in a retail shopping centre, each of the following details—\nthe name and address of the centre;\nthe number of retail shops in the centre when the disclosure statement is given;\nthe centre’s lettable area or estimated lettable area;\ndetails of the annual estimated turnover of the centre (if collected);\ndetails, including tenancy expiry details, of any anchor tenants in the centre;\na floor plan of the centre that includes the location of the anchor tenants for the centre (if any);\ninformation about customer numbers (if any) for the centre;\ndetails of any industry codes of conduct adhered to by the lessor;\nwhether or not the lessor gives any assurance to the lessee about the nature of other businesses operating in the centre;\nthe retail shop’s area or estimated area;\nwhether or not a survey of the retail shop’s area will be undertaken;\ndetails of any available parking bays, including the number of bays reserved for the lessee’s use;\ndetails of any services or facilities to be provided by the lessor for the benefit of the retail shop;\ndetails of any structures, fixtures, plant or equipment to be provided by the lessor;\ndetails of any works to be carried out by the lessor before the lease starts;\nan estimate of any contribution to be made by the lessee to the cost of the lessor’s works;\ndetails of any fit-out works to be carried out by the lessee;\nany contribution to be made by the lessor to the cost of the lessee’s fit-out;\nany requirements the lessee must comply with relating to the quality or standard of the shopfront or fit-out;\nany alteration works the lessor knows are to be carried out by or for the lessor to any of the following—\nthe retail shop;\nthe leased building;\nthe retail shopping centre in which the retail shop is or is to be located;\nthe roads surrounding the retail shop, leased building or the retail shopping centre;\ndetails of any current legal proceeding in relation to the lawful use of the retail shop, leased building or the retail shopping centre in which the retail shop is or is to be located;\ndetails of any other statements or representations made by or for the lessor in connection with the lease during the negotiations for the lease.\n(sec.2-ssec) The prescribed particulars for a disclosure statement given by a lessor of a retail shop under section 21B or 22C (1) of the Act are the following— the names of the lessor and lessee; the address of the retail shop; the plan of premises (if any); the term of the lease; the date the lessee is entitled to occupy the retail shop, if different to the date or estimated date the lease starts; if the lease is a sublease, details of the head lease; details of any option to renew the lease, including— the date by which the lessee must exercise the option; and the option period; the following details about the rent— the starting annual base rent; the method of payment; the date from which rent is payable under the lease; any rent free period; for any rent adjustment, the method for calculation and when it is calculated; if turnover rent is payable, the method for calculating the turnover rent; if turnover rent is not payable, whether or not the lessee is required to give information to the lessor about turnover of the lessee’s business; details of any payments to be made by the lessee under the lease for the lessor’s outgoings during the first year of the lease or, if the term of the lease is less than 1 year, that period, including details of— the date the payments start; and how the lessee’s payments are calculated; and any period when the lessee is not required to make a payment; details of the lessee’s liability to pay costs arising under the lease, including— promotion amounts; and amounts under section 48 (2) of the Act ; the core trading hours for the retail shop; the lessee’s entitlement, if any, to access the retail shop outside core trading hours, including any cost payable by the lessee; identification of any provision in the lease about— demolishing the retail shop, leased building or the retail shopping centre in which the retail shop is or is to be located; or relocating the lessee’s business to different premises; the lessee’s permitted use of the retail shop and whether or not the use is exclusive to the lessee; if the retail shop is, or is to be, located in a retail shopping centre, each of the following details— the name and address of the centre; the number of retail shops in the centre when the disclosure statement is given; the centre’s lettable area or estimated lettable area; details of the annual estimated turnover of the centre (if collected); details, including tenancy expiry details, of any anchor tenants in the centre; a floor plan of the centre that includes the location of the anchor tenants for the centre (if any); information about customer numbers (if any) for the centre; details of any industry codes of conduct adhered to by the lessor; whether or not the lessor gives any assurance to the lessee about the nature of other businesses operating in the centre; the retail shop’s area or estimated area; whether or not a survey of the retail shop’s area will be undertaken; details of any available parking bays, including the number of bays reserved for the lessee’s use; details of any services or facilities to be provided by the lessor for the benefit of the retail shop; details of any structures, fixtures, plant or equipment to be provided by the lessor; details of any works to be carried out by the lessor before the lease starts; an estimate of any contribution to be made by the lessee to the cost of the lessor’s works; details of any fit-out works to be carried out by the lessee; any contribution to be made by the lessor to the cost of the lessee’s fit-out; any requirements the lessee must comply with relating to the quality or standard of the shopfront or fit-out; any alteration works the lessor knows are to be carried out by or for the lessor to any of the following— the retail shop; the leased building; the retail shopping centre in which the retail shop is or is to be located; the roads surrounding the retail shop, leased building or the retail shopping centre; details of any current legal proceeding in relation to the lawful use of the retail shop, leased building or the retail shopping centre in which the retail shop is or is to be located; details of any other statements or representations made by or for the lessor in connection with the lease during the negotiations for the lease.\n- (a) the names of the lessor and lessee;\n- (b) the address of the retail shop;\n- (c) the plan of premises (if any);\n- (d) the term of the lease;\n- (e) the date the lessee is entitled to occupy the retail shop, if different to the date or estimated date the lease starts;\n- (f) if the lease is a sublease, details of the head lease;\n- (g) details of any option to renew the lease, including— (i) the date by which the lessee must exercise the option; and (ii) the option period;\n- (i) the date by which the lessee must exercise the option; and\n- (ii) the option period;\n- (h) the following details about the rent— (i) the starting annual base rent; (ii) the method of payment; (iii) the date from which rent is payable under the lease; (iv) any rent free period; (v) for any rent adjustment, the method for calculation and when it is calculated;\n- (i) the starting annual base rent;\n- (ii) the method of payment;\n- (iii) the date from which rent is payable under the lease;\n- (iv) any rent free period;\n- (v) for any rent adjustment, the method for calculation and when it is calculated;\n- (i) if turnover rent is payable, the method for calculating the turnover rent;\n- (j) if turnover rent is not payable, whether or not the lessee is required to give information to the lessor about turnover of the lessee’s business;\n- (k) details of any payments to be made by the lessee under the lease for the lessor’s outgoings during the first year of the lease or, if the term of the lease is less than 1 year, that period, including details of— (i) the date the payments start; and (ii) how the lessee’s payments are calculated; and (iii) any period when the lessee is not required to make a payment;\n- (i) the date the payments start; and\n- (ii) how the lessee’s payments are calculated; and\n- (iii) any period when the lessee is not required to make a payment;\n- (l) details of the lessee’s liability to pay costs arising under the lease, including— (i) promotion amounts; and (ii) amounts under section 48 (2) of the Act ;\n- (i) promotion amounts; and\n- (ii) amounts under section 48 (2) of the Act ;\n- (m) the core trading hours for the retail shop;\n- (n) the lessee’s entitlement, if any, to access the retail shop outside core trading hours, including any cost payable by the lessee;\n- (o) identification of any provision in the lease about— (i) demolishing the retail shop, leased building or the retail shopping centre in which the retail shop is or is to be located; or (ii) relocating the lessee’s business to different premises;\n- (i) demolishing the retail shop, leased building or the retail shopping centre in which the retail shop is or is to be located; or\n- (ii) relocating the lessee’s business to different premises;\n- (p) the lessee’s permitted use of the retail shop and whether or not the use is exclusive to the lessee;\n- (q) if the retail shop is, or is to be, located in a retail shopping centre, each of the following details— (i) the name and address of the centre; (ii) the number of retail shops in the centre when the disclosure statement is given; (iii) the centre’s lettable area or estimated lettable area; (iv) details of the annual estimated turnover of the centre (if collected); (v) details, including tenancy expiry details, of any anchor tenants in the centre; (vi) a floor plan of the centre that includes the location of the anchor tenants for the centre (if any); (vii) information about customer numbers (if any) for the centre; (viii) details of any industry codes of conduct adhered to by the lessor; (ix) whether or not the lessor gives any assurance to the lessee about the nature of other businesses operating in the centre;\n- (i) the name and address of the centre;\n- (ii) the number of retail shops in the centre when the disclosure statement is given;\n- (iii) the centre’s lettable area or estimated lettable area;\n- (iv) details of the annual estimated turnover of the centre (if collected);\n- (v) details, including tenancy expiry details, of any anchor tenants in the centre;\n- (vi) a floor plan of the centre that includes the location of the anchor tenants for the centre (if any);\n- (vii) information about customer numbers (if any) for the centre;\n- (viii) details of any industry codes of conduct adhered to by the lessor;\n- (ix) whether or not the lessor gives any assurance to the lessee about the nature of other businesses operating in the centre;\n- (r) the retail shop’s area or estimated area;\n- (s) whether or not a survey of the retail shop’s area will be undertaken;\n- (t) details of any available parking bays, including the number of bays reserved for the lessee’s use;\n- (u) details of any services or facilities to be provided by the lessor for the benefit of the retail shop;\n- (v) details of any structures, fixtures, plant or equipment to be provided by the lessor;\n- (w) details of any works to be carried out by the lessor before the lease starts;\n- (x) an estimate of any contribution to be made by the lessee to the cost of the lessor’s works;\n- (y) details of any fit-out works to be carried out by the lessee;\n- (z) any contribution to be made by the lessor to the cost of the lessee’s fit-out;\n- (za) any requirements the lessee must comply with relating to the quality or standard of the shopfront or fit-out;\n- (zb) any alteration works the lessor knows are to be carried out by or for the lessor to any of the following— (i) the retail shop; (ii) the leased building; (iii) the retail shopping centre in which the retail shop is or is to be located; (iv) the roads surrounding the retail shop, leased building or the retail shopping centre;\n- (i) the retail shop;\n- (ii) the leased building;\n- (iii) the retail shopping centre in which the retail shop is or is to be located;\n- (iv) the roads surrounding the retail shop, leased building or the retail shopping centre;\n- (zc) details of any current legal proceeding in relation to the lawful use of the retail shop, leased building or the retail shopping centre in which the retail shop is or is to be located;\n- (zd) details of any other statements or representations made by or for the lessor in connection with the lease during the negotiations for the lease.\n- (i) the date by which the lessee must exercise the option; and\n- (ii) the option period;\n- (i) the starting annual base rent;\n- (ii) the method of payment;\n- (iii) the date from which rent is payable under the lease;\n- (iv) any rent free period;\n- (v) for any rent adjustment, the method for calculation and when it is calculated;\n- (i) the date the payments start; and\n- (ii) how the lessee’s payments are calculated; and\n- (iii) any period when the lessee is not required to make a payment;\n- (i) promotion amounts; and\n- (ii) amounts under section 48 (2) of the Act ;\n- (i) demolishing the retail shop, leased building or the retail shopping centre in which the retail shop is or is to be located; or\n- (ii) relocating the lessee’s business to different premises;\n- (i) the name and address of the centre;\n- (ii) the number of retail shops in the centre when the disclosure statement is given;\n- (iii) the centre’s lettable area or estimated lettable area;\n- (iv) details of the annual estimated turnover of the centre (if collected);\n- (v) details, including tenancy expiry details, of any anchor tenants in the centre;\n- (vi) a floor plan of the centre that includes the location of the anchor tenants for the centre (if any);\n- (vii) information about customer numbers (if any) for the centre;\n- (viii) details of any industry codes of conduct adhered to by the lessor;\n- (ix) whether or not the lessor gives any assurance to the lessee about the nature of other businesses operating in the centre;\n- (i) the retail shop;\n- (ii) the leased building;\n- (iii) the retail shopping centre in which the retail shop is or is to be located;\n- (iv) the roads surrounding the retail shop, leased building or the retail shopping centre;","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Prescribed particulars for prospective lessee’s disclosure statement","content":"### sec.3 Prescribed particulars for prospective lessee’s disclosure statement\n\nThe prescribed particulars for a disclosure statement given by a prospective lessee under section 22A of the Act are the following—\nthe names of the lessor and prospective lessee;\nthe address of the retail shop;\nthe address of the prospective lessee;\nif the prospective lessee is a corporation—sufficient information to identify the corporation;\nthe number of retail business premises leased by the prospective lessee when the disclosure statement is given;\nsufficient details about the experience of the prospective lessee in retail business to demonstrate the ability of the lessee to meet the financial and other obligations of the lease;\ndetails of anything known to the prospective lessee that may affect the ability of the lessee to meet the financial and other obligations of the lease;\ndetails of statements or representations made by or for the lessor during the negotiations for the lease that are being relied on by the prospective lessee in entering into the lease;\nan acknowledgement that no other material statements or representations have been made by or for the lessor to the prospective lessee about the lease or the business to be carried on in, or from, the retail shop.\n(sec.3-ssec) The prescribed particulars for a disclosure statement given by a prospective lessee under section 22A of the Act are the following— the names of the lessor and prospective lessee; the address of the retail shop; the address of the prospective lessee; if the prospective lessee is a corporation—sufficient information to identify the corporation; the number of retail business premises leased by the prospective lessee when the disclosure statement is given; sufficient details about the experience of the prospective lessee in retail business to demonstrate the ability of the lessee to meet the financial and other obligations of the lease; details of anything known to the prospective lessee that may affect the ability of the lessee to meet the financial and other obligations of the lease; details of statements or representations made by or for the lessor during the negotiations for the lease that are being relied on by the prospective lessee in entering into the lease; an acknowledgement that no other material statements or representations have been made by or for the lessor to the prospective lessee about the lease or the business to be carried on in, or from, the retail shop.\n- (a) the names of the lessor and prospective lessee;\n- (b) the address of the retail shop;\n- (c) the address of the prospective lessee;\n- (d) if the prospective lessee is a corporation—sufficient information to identify the corporation;\n- (e) the number of retail business premises leased by the prospective lessee when the disclosure statement is given;\n- (f) sufficient details about the experience of the prospective lessee in retail business to demonstrate the ability of the lessee to meet the financial and other obligations of the lease;\n- (g) details of anything known to the prospective lessee that may affect the ability of the lessee to meet the financial and other obligations of the lease;\n- (h) details of statements or representations made by or for the lessor during the negotiations for the lease that are being relied on by the prospective lessee in entering into the lease;\n- (i) an acknowledgement that no other material statements or representations have been made by or for the lessor to the prospective lessee about the lease or the business to be carried on in, or from, the retail shop.","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Prescribed particulars for assignor’s disclosure statement","content":"### sec.4 Prescribed particulars for assignor’s disclosure statement\n\nThe prescribed particulars for a disclosure statement given by an assignor of a retail shop lease under section 22B (1) of the Act are the following—\nthe names of the assignor and prospective assignee;\nthe address and description of the leased shop;\nthe leased shop’s area or estimated area;\nthe date the lease ends;\ndetails of any options to renew the lease and the next date for exercising an option;\ndetails of rent, outgoings, promotion amounts and any other amounts payable to the lessor under the lease for—\nthe last 1 year; or\nif the assignor has carried on the business for a period of less than 1 year—the period;\nthe basis for a rent review under the lease and the date for the next review;\nif the assignment involves the prospective assignee continuing the business carried on in, or from, the leased shop by the assignor—details of the sales figures and trading performance of the business for—\nthe last 3 years; or\nif the assignor has carried on the business for a period of less than 3 years—the period;\ndetails of any outstanding notices from—\nthe lessor under the lease; or\nany government entity in relation to the leased shop;\ndetails of any arrears of rent or other breaches of a term of the lease by the assignor for which the lessor has not issued a notice to the assignor;\ndetails of any rent concessions or other benefits given or made available to the assignor by the lessor in relation to the lease;\ndetails of any rent concessions or other benefits applicable to the balance of the term of the lease that would benefit, or transfer to, the assignee;\ndetails of any encumbrance on—\nthe lease; or\nany of the fixtures or fittings in the leased shop;\ndetails of the ownership of any of the leased shop’s fixtures or fittings not owned by the assignor;\ndetails of any alteration or demolition works the assignor knows are to be carried out by or for the lessor for any of the following—\nthe leased shop;\nthe building or retail shopping centre in which the leased shop is located;\nthe roads surrounding the leased shop, leased building or retail shopping centre;\nan acknowledgement that the assignor has given the assignee—\na copy of the disclosure statement given by the lessor to the assignor before the assignor entered into the lease; and\ndetails of any material changes in the information contained in the statement that have happened since the statement was given; and\na copy of the current lease.\n- (a) the names of the assignor and prospective assignee;\n- (b) the address and description of the leased shop;\n- (c) the leased shop’s area or estimated area;\n- (d) the date the lease ends;\n- (e) details of any options to renew the lease and the next date for exercising an option;\n- (f) details of rent, outgoings, promotion amounts and any other amounts payable to the lessor under the lease for— (i) the last 1 year; or (ii) if the assignor has carried on the business for a period of less than 1 year—the period;\n- (i) the last 1 year; or\n- (ii) if the assignor has carried on the business for a period of less than 1 year—the period;\n- (g) the basis for a rent review under the lease and the date for the next review;\n- (h) if the assignment involves the prospective assignee continuing the business carried on in, or from, the leased shop by the assignor—details of the sales figures and trading performance of the business for— (i) the last 3 years; or (ii) if the assignor has carried on the business for a period of less than 3 years—the period;\n- (i) the last 3 years; or\n- (ii) if the assignor has carried on the business for a period of less than 3 years—the period;\n- (i) details of any outstanding notices from— (i) the lessor under the lease; or (ii) any government entity in relation to the leased shop;\n- (i) the lessor under the lease; or\n- (ii) any government entity in relation to the leased shop;\n- (j) details of any arrears of rent or other breaches of a term of the lease by the assignor for which the lessor has not issued a notice to the assignor;\n- (k) details of any rent concessions or other benefits given or made available to the assignor by the lessor in relation to the lease;\n- (l) details of any rent concessions or other benefits applicable to the balance of the term of the lease that would benefit, or transfer to, the assignee;\n- (m) details of any encumbrance on— (i) the lease; or (ii) any of the fixtures or fittings in the leased shop;\n- (i) the lease; or\n- (ii) any of the fixtures or fittings in the leased shop;\n- (n) details of the ownership of any of the leased shop’s fixtures or fittings not owned by the assignor;\n- (o) details of any alteration or demolition works the assignor knows are to be carried out by or for the lessor for any of the following— (i) the leased shop; (ii) the building or retail shopping centre in which the leased shop is located; (iii) the roads surrounding the leased shop, leased building or retail shopping centre;\n- (i) the leased shop;\n- (ii) the building or retail shopping centre in which the leased shop is located;\n- (iii) the roads surrounding the leased shop, leased building or retail shopping centre;\n- (p) an acknowledgement that the assignor has given the assignee— (i) a copy of the disclosure statement given by the lessor to the assignor before the assignor entered into the lease; and (ii) details of any material changes in the information contained in the statement that have happened since the statement was given; and (iii) a copy of the current lease.\n- (i) a copy of the disclosure statement given by the lessor to the assignor before the assignor entered into the lease; and\n- (ii) details of any material changes in the information contained in the statement that have happened since the statement was given; and\n- (iii) a copy of the current lease.\n- (i) the last 1 year; or\n- (ii) if the assignor has carried on the business for a period of less than 1 year—the period;\n- (i) the last 3 years; or\n- (ii) if the assignor has carried on the business for a period of less than 3 years—the period;\n- (i) the lessor under the lease; or\n- (ii) any government entity in relation to the leased shop;\n- (i) the lease; or\n- (ii) any of the fixtures or fittings in the leased shop;\n- (i) the leased shop;\n- (ii) the building or retail shopping centre in which the leased shop is located;\n- (iii) the roads surrounding the leased shop, leased building or retail shopping centre;\n- (i) a copy of the disclosure statement given by the lessor to the assignor before the assignor entered into the lease; and\n- (ii) details of any material changes in the information contained in the statement that have happened since the statement was given; and\n- (iii) a copy of the current lease.","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Prescribed particulars for prospective assignee’s disclosure statement","content":"### sec.5 Prescribed particulars for prospective assignee’s disclosure statement\n\nThe prescribed particulars for a disclosure statement given by a prospective assignee, in entering into the assignment, under section 22B (2) of the Act are the following—\nthe names of the assignor and prospective assignee;\nthe address of the leased shop;\nthe address of the prospective assignee;\nif the prospective assignee is a corporation—sufficient information to identify the corporation;\nthe number of retail business premises leased by the prospective assignee when the disclosure statement is given;\nsufficient details about the experience of the prospective assignee in retail business to demonstrate the ability of the assignee to meet the financial and other obligations of the lease;\ndetails of anything known to the prospective assignee that may affect the ability of the assignee to meet the financial and other obligations of the lease;\ndetails of statements or representations made by or for the assignor during the negotiations for the assignment of the lease that are being relied on by the prospective assignee in entering into the assignment;\nan acknowledgement that no other material statements or representations have been made by or for the assignor to the prospective assignee about the lease or the business to be carried on in, or from, the leased shop.\nThe prescribed particulars for a disclosure statement given by a prospective assignee, in entering into the assignment, under section 22C (3) of the Act are the following—\nthe name of the lessor;\nthe particulars mentioned in subsection (1) (a) to (h) ;\ndetails of statements or representations made by or for the lessor during negotiations for the assignment of the lease that are being relied on by the prospective assignee in entering into the assignment;\nan acknowledgement that no other material statements or representations have been made by or for the lessor to the prospective assignee about the lease or the business to be carried on in, or from, the leased shop.\n(sec.5-ssec.1) The prescribed particulars for a disclosure statement given by a prospective assignee, in entering into the assignment, under section 22B (2) of the Act are the following— the names of the assignor and prospective assignee; the address of the leased shop; the address of the prospective assignee; if the prospective assignee is a corporation—sufficient information to identify the corporation; the number of retail business premises leased by the prospective assignee when the disclosure statement is given; sufficient details about the experience of the prospective assignee in retail business to demonstrate the ability of the assignee to meet the financial and other obligations of the lease; details of anything known to the prospective assignee that may affect the ability of the assignee to meet the financial and other obligations of the lease; details of statements or representations made by or for the assignor during the negotiations for the assignment of the lease that are being relied on by the prospective assignee in entering into the assignment; an acknowledgement that no other material statements or representations have been made by or for the assignor to the prospective assignee about the lease or the business to be carried on in, or from, the leased shop.\n(sec.5-ssec.2) The prescribed particulars for a disclosure statement given by a prospective assignee, in entering into the assignment, under section 22C (3) of the Act are the following— the name of the lessor; the particulars mentioned in subsection (1) (a) to (h) ; details of statements or representations made by or for the lessor during negotiations for the assignment of the lease that are being relied on by the prospective assignee in entering into the assignment; an acknowledgement that no other material statements or representations have been made by or for the lessor to the prospective assignee about the lease or the business to be carried on in, or from, the leased shop.\n- (a) the names of the assignor and prospective assignee;\n- (b) the address of the leased shop;\n- (c) the address of the prospective assignee;\n- (d) if the prospective assignee is a corporation—sufficient information to identify the corporation;\n- (e) the number of retail business premises leased by the prospective assignee when the disclosure statement is given;\n- (f) sufficient details about the experience of the prospective assignee in retail business to demonstrate the ability of the assignee to meet the financial and other obligations of the lease;\n- (g) details of anything known to the prospective assignee that may affect the ability of the assignee to meet the financial and other obligations of the lease;\n- (h) details of statements or representations made by or for the assignor during the negotiations for the assignment of the lease that are being relied on by the prospective assignee in entering into the assignment;\n- (i) an acknowledgement that no other material statements or representations have been made by or for the assignor to the prospective assignee about the lease or the business to be carried on in, or from, the leased shop.\n- (a) the name of the lessor;\n- (b) the particulars mentioned in subsection (1) (a) to (h) ;\n- (c) details of statements or representations made by or for the lessor during negotiations for the assignment of the lease that are being relied on by the prospective assignee in entering into the assignment;\n- (d) an acknowledgement that no other material statements or representations have been made by or for the lessor to the prospective assignee about the lease or the business to be carried on in, or from, the leased shop.","sortOrder":6},{"sectionNumber":"pt.3","sectionType":"part","heading":"Financial and legal advice reports","content":"# Financial and legal advice reports","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Prescribed particulars for financial advice report","content":"### sec.6 Prescribed particulars for financial advice report\n\nThe prescribed particulars for a financial advice report given by a prospective lessee or prospective assignee under section 22D of the Act are the following—\nthe name of the qualified accountant signing the report;\nthe name of the prospective lessee or prospective assignee;\nthe name of the lessor;\nthe address of the retail shop;\na statement that the accountant has given advice about the prospective lessee or prospective assignee’s financial rights and obligations under the lease including—\nthe rent, outgoings and other payments; and\nthe potential financial impact of the rent review; and\nthe fact that the operation of the business is restricted by the term of the lease;\na statement that the accountant has advised the prospective lessee or prospective assignee to obtain further professional advice including advice about the following—\nthe volume of sales required to meet all costs of carrying on the business including capital costs, loan repayments and salary for the business operator;\nappropriate accounting and financial reporting systems;\ncash flow forecasting;\nsales budget forecasting;\ntaxation requirements;\na declaration by the accountant about any relationship, whether professional or personal, that the accountant has with the lessor;\na statement by the prospective lessee or prospective assignee about receiving and understanding the advice mentioned in the report.\n(sec.6-ssec) The prescribed particulars for a financial advice report given by a prospective lessee or prospective assignee under section 22D of the Act are the following— the name of the qualified accountant signing the report; the name of the prospective lessee or prospective assignee; the name of the lessor; the address of the retail shop; a statement that the accountant has given advice about the prospective lessee or prospective assignee’s financial rights and obligations under the lease including— the rent, outgoings and other payments; and the potential financial impact of the rent review; and the fact that the operation of the business is restricted by the term of the lease; a statement that the accountant has advised the prospective lessee or prospective assignee to obtain further professional advice including advice about the following— the volume of sales required to meet all costs of carrying on the business including capital costs, loan repayments and salary for the business operator; appropriate accounting and financial reporting systems; cash flow forecasting; sales budget forecasting; taxation requirements; a declaration by the accountant about any relationship, whether professional or personal, that the accountant has with the lessor; a statement by the prospective lessee or prospective assignee about receiving and understanding the advice mentioned in the report.\n- (a) the name of the qualified accountant signing the report;\n- (b) the name of the prospective lessee or prospective assignee;\n- (c) the name of the lessor;\n- (d) the address of the retail shop;\n- (e) a statement that the accountant has given advice about the prospective lessee or prospective assignee’s financial rights and obligations under the lease including— (i) the rent, outgoings and other payments; and (ii) the potential financial impact of the rent review; and (iii) the fact that the operation of the business is restricted by the term of the lease;\n- (i) the rent, outgoings and other payments; and\n- (ii) the potential financial impact of the rent review; and\n- (iii) the fact that the operation of the business is restricted by the term of the lease;\n- (f) a statement that the accountant has advised the prospective lessee or prospective assignee to obtain further professional advice including advice about the following— (i) the volume of sales required to meet all costs of carrying on the business including capital costs, loan repayments and salary for the business operator; (ii) appropriate accounting and financial reporting systems; (iii) cash flow forecasting; (iv) sales budget forecasting; (v) taxation requirements;\n- (i) the volume of sales required to meet all costs of carrying on the business including capital costs, loan repayments and salary for the business operator;\n- (ii) appropriate accounting and financial reporting systems;\n- (iii) cash flow forecasting;\n- (iv) sales budget forecasting;\n- (v) taxation requirements;\n- (g) a declaration by the accountant about any relationship, whether professional or personal, that the accountant has with the lessor;\n- (h) a statement by the prospective lessee or prospective assignee about receiving and understanding the advice mentioned in the report.\n- (i) the rent, outgoings and other payments; and\n- (ii) the potential financial impact of the rent review; and\n- (iii) the fact that the operation of the business is restricted by the term of the lease;\n- (i) the volume of sales required to meet all costs of carrying on the business including capital costs, loan repayments and salary for the business operator;\n- (ii) appropriate accounting and financial reporting systems;\n- (iii) cash flow forecasting;\n- (iv) sales budget forecasting;\n- (v) taxation requirements;","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Prescribed particulars for legal advice report","content":"### sec.7 Prescribed particulars for legal advice report\n\nThe prescribed particulars for a legal advice report given by a prospective lessee or prospective assignee under section 22D of the Act are the following—\nthe name of the lawyer signing the report;\nthe name of the prospective lessee or prospective assignee;\nthe name of the lessor;\nthe address of the retail shop;\nif the prospective lessee or prospective assignee has given, or intends to give, a waiver notice under section 21B or 22C of the Act , a statement about whether the lawyer has given advice about the waiver;\na statement that the lawyer has given advice about the following matters in relation to the lease—\nthe rent, outgoings and other payments and how they are calculated;\nthe rent review;\nthe liability to contribute to outgoings;\nthe term of the lease;\nany special or unusual terms or conditions of the lease;\nwhether a repayable bond or guarantee is required under the lease;\nwhether the lease contains an option to renew;\nif the lease does not contain an option to renew—any rights the lessee or assignee may have to extend the lease;\nthe obligations on all parties at the end of the lease;\nany provision in the lease that allows the business of the prospective lessee or prospective assignee to be relocated to other premises and how sections 46C to  46G of the Act may apply;\nany provision in the lease that allows the lessor to terminate the lease if the building in which the retail shop is located is to be demolished and how sections 46H to  46K of the Act may apply;\nthe uses permitted for the retail shop premises under the lease;\nthe lessee’s right, under section 45 of the Act or the lease, to deal with the lease and assets of the business intended to be carried on in, or from, the retail shop;\nthe consequences of a breach of a term or condition of the lease;\nany insurance or indemnity provisions in the lease and the liability or obligations of the prospective lessee or prospective assignee under those provisions;\nwhether the premises are a lot within a community titles scheme under the Body Corporate and Community Management Act 1997 ;\na statement that the lawyer has advised the prospective lessee or prospective assignee to obtain further professional advice including advice about the following—\ntown planning matters, including the licences or permits required to carry on the business intended in the retail shop;\nbuilding laws, including the appropriate classification under the Building Act 1975 to carry on the business intended in the retail shop;\nthe statutory approvals required to carry on a retail business of the type intended;\nfinancial advice about the operation of the retail business intended to be carried on;\nthe insurance required to meet the obligations of the prospective lessee or prospective assignee under the lease;\na statement that the lawyer is not providing advice about, or making comment on, the following—\nthe financial viability of the business intended to be carried on;\nthe ability of the prospective lessee or prospective assignee to meet the financial commitments under the lease;\naccounting requirements or taxation implications of entering into the lease;\na declaration by the lawyer about any relationship, whether professional or personal, that the lawyer has with the lessor;\na statement by the prospective lessee or prospective assignee about receiving and understanding the advice mentioned in the report.\n(sec.7-ssec) The prescribed particulars for a legal advice report given by a prospective lessee or prospective assignee under section 22D of the Act are the following— the name of the lawyer signing the report; the name of the prospective lessee or prospective assignee; the name of the lessor; the address of the retail shop; if the prospective lessee or prospective assignee has given, or intends to give, a waiver notice under section 21B or 22C of the Act , a statement about whether the lawyer has given advice about the waiver; a statement that the lawyer has given advice about the following matters in relation to the lease— the rent, outgoings and other payments and how they are calculated; the rent review; the liability to contribute to outgoings; the term of the lease; any special or unusual terms or conditions of the lease; whether a repayable bond or guarantee is required under the lease; whether the lease contains an option to renew; if the lease does not contain an option to renew—any rights the lessee or assignee may have to extend the lease; the obligations on all parties at the end of the lease; any provision in the lease that allows the business of the prospective lessee or prospective assignee to be relocated to other premises and how sections 46C to  46G of the Act may apply; any provision in the lease that allows the lessor to terminate the lease if the building in which the retail shop is located is to be demolished and how sections 46H to  46K of the Act may apply; the uses permitted for the retail shop premises under the lease; the lessee’s right, under section 45 of the Act or the lease, to deal with the lease and assets of the business intended to be carried on in, or from, the retail shop; the consequences of a breach of a term or condition of the lease; any insurance or indemnity provisions in the lease and the liability or obligations of the prospective lessee or prospective assignee under those provisions; whether the premises are a lot within a community titles scheme under the Body Corporate and Community Management Act 1997 ; a statement that the lawyer has advised the prospective lessee or prospective assignee to obtain further professional advice including advice about the following— town planning matters, including the licences or permits required to carry on the business intended in the retail shop; building laws, including the appropriate classification under the Building Act 1975 to carry on the business intended in the retail shop; the statutory approvals required to carry on a retail business of the type intended; financial advice about the operation of the retail business intended to be carried on; the insurance required to meet the obligations of the prospective lessee or prospective assignee under the lease; a statement that the lawyer is not providing advice about, or making comment on, the following— the financial viability of the business intended to be carried on; the ability of the prospective lessee or prospective assignee to meet the financial commitments under the lease; accounting requirements or taxation implications of entering into the lease; a declaration by the lawyer about any relationship, whether professional or personal, that the lawyer has with the lessor; a statement by the prospective lessee or prospective assignee about receiving and understanding the advice mentioned in the report.\n- (a) the name of the lawyer signing the report;\n- (b) the name of the prospective lessee or prospective assignee;\n- (c) the name of the lessor;\n- (d) the address of the retail shop;\n- (e) if the prospective lessee or prospective assignee has given, or intends to give, a waiver notice under section 21B or 22C of the Act , a statement about whether the lawyer has given advice about the waiver;\n- (f) a statement that the lawyer has given advice about the following matters in relation to the lease— (i) the rent, outgoings and other payments and how they are calculated; (ii) the rent review; (iii) the liability to contribute to outgoings; (iv) the term of the lease; (v) any special or unusual terms or conditions of the lease; (vi) whether a repayable bond or guarantee is required under the lease; (vii) whether the lease contains an option to renew; (viii) if the lease does not contain an option to renew—any rights the lessee or assignee may have to extend the lease; (ix) the obligations on all parties at the end of the lease; (x) any provision in the lease that allows the business of the prospective lessee or prospective assignee to be relocated to other premises and how sections 46C to  46G of the Act may apply; (xi) any provision in the lease that allows the lessor to terminate the lease if the building in which the retail shop is located is to be demolished and how sections 46H to  46K of the Act may apply; (xii) the uses permitted for the retail shop premises under the lease; (xiii) the lessee’s right, under section 45 of the Act or the lease, to deal with the lease and assets of the business intended to be carried on in, or from, the retail shop; (xiv) the consequences of a breach of a term or condition of the lease;\n- (i) the rent, outgoings and other payments and how they are calculated;\n- (ii) the rent review;\n- (iii) the liability to contribute to outgoings;\n- (iv) the term of the lease;\n- (v) any special or unusual terms or conditions of the lease;\n- (vi) whether a repayable bond or guarantee is required under the lease;\n- (vii) whether the lease contains an option to renew;\n- (viii) if the lease does not contain an option to renew—any rights the lessee or assignee may have to extend the lease;\n- (ix) the obligations on all parties at the end of the lease;\n- (x) any provision in the lease that allows the business of the prospective lessee or prospective assignee to be relocated to other premises and how sections 46C to  46G of the Act may apply;\n- (xi) any provision in the lease that allows the lessor to terminate the lease if the building in which the retail shop is located is to be demolished and how sections 46H to  46K of the Act may apply;\n- (xii) the uses permitted for the retail shop premises under the lease;\n- (xiii) the lessee’s right, under section 45 of the Act or the lease, to deal with the lease and assets of the business intended to be carried on in, or from, the retail shop;\n- (xiv) the consequences of a breach of a term or condition of the lease;\n- (g) any insurance or indemnity provisions in the lease and the liability or obligations of the prospective lessee or prospective assignee under those provisions;\n- (h) whether the premises are a lot within a community titles scheme under the Body Corporate and Community Management Act 1997 ;\n- (i) a statement that the lawyer has advised the prospective lessee or prospective assignee to obtain further professional advice including advice about the following— (i) town planning matters, including the licences or permits required to carry on the business intended in the retail shop; (ii) building laws, including the appropriate classification under the Building Act 1975 to carry on the business intended in the retail shop; (iii) the statutory approvals required to carry on a retail business of the type intended; (iv) financial advice about the operation of the retail business intended to be carried on; (v) the insurance required to meet the obligations of the prospective lessee or prospective assignee under the lease;\n- (i) town planning matters, including the licences or permits required to carry on the business intended in the retail shop;\n- (ii) building laws, including the appropriate classification under the Building Act 1975 to carry on the business intended in the retail shop;\n- (iii) the statutory approvals required to carry on a retail business of the type intended;\n- (iv) financial advice about the operation of the retail business intended to be carried on;\n- (v) the insurance required to meet the obligations of the prospective lessee or prospective assignee under the lease;\n- (j) a statement that the lawyer is not providing advice about, or making comment on, the following— (i) the financial viability of the business intended to be carried on; (ii) the ability of the prospective lessee or prospective assignee to meet the financial commitments under the lease; (iii) accounting requirements or taxation implications of entering into the lease;\n- (i) the financial viability of the business intended to be carried on;\n- (ii) the ability of the prospective lessee or prospective assignee to meet the financial commitments under the lease;\n- (iii) accounting requirements or taxation implications of entering into the lease;\n- (k) a declaration by the lawyer about any relationship, whether professional or personal, that the lawyer has with the lessor;\n- (l) a statement by the prospective lessee or prospective assignee about receiving and understanding the advice mentioned in the report.\n- (i) the rent, outgoings and other payments and how they are calculated;\n- (ii) the rent review;\n- (iii) the liability to contribute to outgoings;\n- (iv) the term of the lease;\n- (v) any special or unusual terms or conditions of the lease;\n- (vi) whether a repayable bond or guarantee is required under the lease;\n- (vii) whether the lease contains an option to renew;\n- (viii) if the lease does not contain an option to renew—any rights the lessee or assignee may have to extend the lease;\n- (ix) the obligations on all parties at the end of the lease;\n- (x) any provision in the lease that allows the business of the prospective lessee or prospective assignee to be relocated to other premises and how sections 46C to  46G of the Act may apply;\n- (xi) any provision in the lease that allows the lessor to terminate the lease if the building in which the retail shop is located is to be demolished and how sections 46H to  46K of the Act may apply;\n- (xii) the uses permitted for the retail shop premises under the lease;\n- (xiii) the lessee’s right, under section 45 of the Act or the lease, to deal with the lease and assets of the business intended to be carried on in, or from, the retail shop;\n- (xiv) the consequences of a breach of a term or condition of the lease;\n- (i) town planning matters, including the licences or permits required to carry on the business intended in the retail shop;\n- (ii) building laws, including the appropriate classification under the Building Act 1975 to carry on the business intended in the retail shop;\n- (iii) the statutory approvals required to carry on a retail business of the type intended;\n- (iv) financial advice about the operation of the retail business intended to be carried on;\n- (v) the insurance required to meet the obligations of the prospective lessee or prospective assignee under the lease;\n- (i) the financial viability of the business intended to be carried on;\n- (ii) the ability of the prospective lessee or prospective assignee to meet the financial commitments under the lease;\n- (iii) accounting requirements or taxation implications of entering into the lease;","sortOrder":9},{"sectionNumber":"pt.4","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":10},{"sectionNumber":"sec.8","sectionType":"section","heading":"Retail business— Act , s 5C","content":"### sec.8 Retail business— Act , s 5C\n\nFor section 5C of the Act , a business is a retail business if—\nit is a business mentioned in schedule 1 ; or\nits whole or predominant activity is, or is a combination of, the sale, hire or supply of goods or services mentioned in schedule 1 .\nThe wholesale sale of goods is not a retail business.\n(sec.8-ssec.1) For section 5C of the Act , a business is a retail business if— it is a business mentioned in schedule 1 ; or its whole or predominant activity is, or is a combination of, the sale, hire or supply of goods or services mentioned in schedule 1 .\n(sec.8-ssec.2) The wholesale sale of goods is not a retail business.\n- (a) it is a business mentioned in schedule 1 ; or\n- (b) its whole or predominant activity is, or is a combination of, the sale, hire or supply of goods or services mentioned in schedule 1 .","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"Fee for lodging dispute notice— Act , s 55","content":"### sec.9 Fee for lodging dispute notice— Act , s 55\n\nFor section 55 (2) of the Act , the fee for lodging a dispute notice is 350 fee units payable by the parties to the dispute in equal shares.\nThe commissioner may waive all or part of the fee payable by a party under subsection (1) if the commissioner is satisfied the payment of the fee would cause, or would be likely to cause, the party financial hardship.\nAlso, the commissioner may waive all or part of the fee payable under subsection (1) for a class of parties for a particular period if the commissioner is satisfied the waiver will promote access to mediation by the parties during the period.\nAn industry sector or geographical region is affected by a natural disaster or other emergency. The commissioner may waive the fee for parties within the sector or region for a particular period to promote access to mediation by the parties during the period.\ns 9 amd 2017 SL No. 109 s 109 ; 2018 SL No. 72 s 102 ; 2019 SL No. 105 s 102 ; 2020 SL No. 143 s 104 ; 2021 SL No. 84 s 103\nsub 2022 SL No. 46 s 12\n(sec.9-ssec.1) For section 55 (2) of the Act , the fee for lodging a dispute notice is 350 fee units payable by the parties to the dispute in equal shares.\n(sec.9-ssec.2) The commissioner may waive all or part of the fee payable by a party under subsection (1) if the commissioner is satisfied the payment of the fee would cause, or would be likely to cause, the party financial hardship.\n(sec.9-ssec.3) Also, the commissioner may waive all or part of the fee payable under subsection (1) for a class of parties for a particular period if the commissioner is satisfied the waiver will promote access to mediation by the parties during the period. An industry sector or geographical region is affected by a natural disaster or other emergency. The commissioner may waive the fee for parties within the sector or region for a particular period to promote access to mediation by the parties during the period.","sortOrder":12},{"sectionNumber":"sec.9A","sectionType":"section","heading":"Change to time and date of mediation conference","content":"### sec.9A Change to time and date of mediation conference\n\nThis section applies if a party receives a notice stating the time, date and place of a mediation conference under the Act , section 56 (1) (b) (ii) .\nThe party may ask the mediator in writing, within 2 days after receiving the notice in subsection (1) , to change the mediation conference date to a day that is no later than 7 days after the date stated in the notice.\nIf the mediator receives a request under subsection (2) , the mediator may—\nchange the mediation conference date to a day that is no later than 7 days after the date stated in the notice; and\ngive each party to the dispute a notice stating the details, including the new time and date, of the mediation conference.\ns 9A ins 2022 SL No. 46 s 13\n(sec.9A-ssec.1) This section applies if a party receives a notice stating the time, date and place of a mediation conference under the Act , section 56 (1) (b) (ii) .\n(sec.9A-ssec.2) The party may ask the mediator in writing, within 2 days after receiving the notice in subsection (1) , to change the mediation conference date to a day that is no later than 7 days after the date stated in the notice.\n(sec.9A-ssec.3) If the mediator receives a request under subsection (2) , the mediator may— change the mediation conference date to a day that is no later than 7 days after the date stated in the notice; and give each party to the dispute a notice stating the details, including the new time and date, of the mediation conference.\n- (a) change the mediation conference date to a day that is no later than 7 days after the date stated in the notice; and\n- (b) give each party to the dispute a notice stating the details, including the new time and date, of the mediation conference.","sortOrder":13},{"sectionNumber":"sec.9B","sectionType":"section","heading":"Mediation of related disputes","content":"### sec.9B Mediation of related disputes\n\nA party may, within 2 days after the notice under section 9A (1) is received, ask the mediator in writing to mediate related disputes together at the mediation conference.\na retail tenancy dispute between a person who subleases premises and the person who is the sublessor, and a retail tenancy dispute between the sublessor who leases the premises occupied by the sublessee and the lessor from whom the sublessor leases the premises\nIf the mediator receives a request under subsection (1) and all other parties to the related disputes agree, the mediator may give each party to the related disputes a further notice stating the details of the mediation conference, including the time and date and the parties to the related disputes that are to participate in the conference.\ns 9B ins 2022 SL No. 46 s 13\n(sec.9B-ssec.1) A party may, within 2 days after the notice under section 9A (1) is received, ask the mediator in writing to mediate related disputes together at the mediation conference. a retail tenancy dispute between a person who subleases premises and the person who is the sublessor, and a retail tenancy dispute between the sublessor who leases the premises occupied by the sublessee and the lessor from whom the sublessor leases the premises\n(sec.9B-ssec.2) If the mediator receives a request under subsection (1) and all other parties to the related disputes agree, the mediator may give each party to the related disputes a further notice stating the details of the mediation conference, including the time and date and the parties to the related disputes that are to participate in the conference.","sortOrder":14},{"sectionNumber":"sec.9C","sectionType":"section","heading":"Use of technology to conduct mediation","content":"### sec.9C Use of technology to conduct mediation\n\nIf the parties to the dispute and the mediator agree, the mediation may be held using any technology allowing reasonably contemporaneous and continuous communication between the parties.\nteleconferencing, videoconferencing\ns 9C ins 2022 SL No. 46 s 13","sortOrder":15},{"sectionNumber":"pt.5","sectionType":"part","heading":"Repeal","content":"# Repeal","sortOrder":16},{"sectionNumber":"sec.10","sectionType":"section","heading":"Repeal","content":"### sec.10 Repeal\n\nThe Retail Shop Leases Regulation 2006 , SL No. 39 is repealed.\n(sec.10-ssec) The Retail Shop Leases Regulation 2006 , SL No. 39 is repealed.","sortOrder":17}],"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"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulation appears to maintain its original scope as a procedural and administrative instrument supporting the Retail Shop Leases Act. The 2022 amendments added practical mediation procedures (sections 9A-9C) but these are procedural enhancements rather than scope expansion. The core purpose—prescribing disclosure statement contents and professional advice requirements—remains consistent with the original 2016 intent."},"complexity_factors":["Multiple overlapping disclosure regimes: 4 different types of disclosure statements (lessor, prospective lessee, assignor, prospective assignee) with slightly different requirements","Extensive itemised lists: Section 2 alone contains 30+ specific disclosure items (labelled (a) through (zd)) with nested sub-items","Cross-references to parent Act: Frequent references to specific sections of the Retail Shop Leases Act (e.g., sections 21B, 22C, 46C-46G, 46H-46K) requiring knowledge of the primary legislation","Conditional logic: Multiple 'if/then' scenarios (e.g., 'if turnover rent is payable', 'if the lease is a sublease', 'if the prospective lessee is a corporation')","Dual professional report requirements: Separate detailed specifications for financial advice reports (section 6) and legal advice reports (section 7), each with 8+ mandatory components","Fee unit calculations: Section 9 requires understanding of 'fee units' (a statutory monetary unit that changes annually) rather than fixed dollar amounts","Amendment history visible: Multiple amendment notations (2017, 2018, 2019, 2020, 2021, 2022) indicate evolving requirements, particularly around mediation procedures"],"plain_english_summary":"This regulation sets out the detailed paperwork requirements for retail shop leases in Queensland. It specifies exactly what information landlords (lessors), tenants (lessees), and people taking over existing leases (assignors and assignees) must disclose to each other before signing a lease. \n\n**Key things it covers:**\n\n- **Disclosure statements**: Landlords must provide comprehensive details about the shop, rent, outgoings, trading hours, demolition risks, and shopping centre information. Tenants must disclose their business experience and financial capacity.\n- **Assignment disclosures**: When someone sells their lease to another business owner, both the outgoing and incoming tenant must exchange specific financial and legal information.\n- **Professional advice reports**: Prospective tenants must obtain reports from qualified accountants and lawyers confirming they understand the financial and legal risks before committing to the lease.\n- **What counts as 'retail'**: Defines which businesses are covered by the Act (generally those selling goods or services to the public, not wholesale).\n- **Dispute resolution**: Sets the fee for lodging disputes (currently 350 fee units, split equally between parties) and allows the Commissioner to waive fees for financial hardship or emergencies. It also allows mediation to be rescheduled, grouped with related disputes, or conducted by video/phone.\n\n**Why it matters:** This regulation protects small business owners from nasty surprises by forcing landlords to be transparent about costs, risks, and lease terms upfront. It ensures tenants enter leases with their eyes open and proper professional advice."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Regulation stays within the original, narrow purpose: prescribing the content of disclosure statements, the content of required accountant and lawyer reports, definitions for what counts as a retail business, mediation procedure details, and a lodging fee. Recent insertions reflected in the text (fee waiver wording, mediation timing flexibility, mediation by technology, and consolidation of related disputes) are procedural refinements that extend how the dispute/mediation process operates but do not represent a substantial expansion of subject‑matter scope beyond the Regulation's original focus on disclosure, advice and mediation rules for retail shop leases."},"complexity_factors":["Extensive checklist‑style particulars: multiple long lists (sec.2 contains around 50 distinct items/subitems)","Multiple similar prescription sections (secs.2–7) with repeated structure for different parties","Cross‑references to many provisions of the underlying Act (e.g. ss.21B, 22A–22D, 45, 46C–46K, 48, 55–56) and to other statutes (Body Corporate and Community Management Act 1997; Building Act 1975)","Several discrete procedural rules added for mediation with conditional discretions (secs.9, 9A–9C)","Administrative discretion points (commissioner may waive fees; mediator may consolidate or reschedule) introduce conditional outcomes","Reference to an external Schedule 1 (sec.8) for defining \"retail business\" increases reliance on material outside the core text","Repetitive text blocks and duplication (the instrument repeatedly restates the same lists) that make navigation longer but not conceptually harder"],"plain_english_summary":"**What this regulation does (mechanics)\n\n- Sets out exactly what information must appear in the written disclosure statements connected with retail shop leases. That includes disclosure by: lessors (landlords) (sec.2), prospective lessees (would‑be tenants) (sec.3), assignors (current tenants selling/transferring their lease) (sec.4), and prospective assignees (incoming tenants) (sec.5).\n- Prescribes the content of the professional reports a prospective lessee or assignee must obtain: a financial advice report from a qualified accountant (sec.6) and a legal advice report from a lawyer (sec.7), listing the items those reports must cover.\n- Defines when a business counts as a \"retail business\" for the Act by reference to Schedule 1 and excludes wholesale sales (sec.8).\n- Fixes the fee for lodging a dispute notice related to retail leases (350 fee units) and gives the commissioner limited discretion to waive fees in cases of financial hardship, for classes of parties, or for parties in sectors/regions affected by natural disaster or emergency (sec.9).\n- Gives parties narrow procedural flexibilities around mediation: a party can ask to move the mediation date within tight limits (sec.9A); a party can ask to have related disputes mediated together if parties agree (sec.9B); and mediation may be held by technology (teleconference, videoconference) if everyone agrees (sec.9C).\n- Repeals the earlier 2006 regulation and replaces it with this consolidated 2016 instrument (sec.10).\n\n**Who this affects\n\n- Lessors (landlords) and lessees (tenants) of retail shops, and people involved in assigning or taking assignments of retail leases (secs.2–5).\n- Prospective lessees/assignees and the accountants and lawyers who prepare the mandated advice reports (secs.6–7).\n- Parties to retail tenancy disputes who may lodge a dispute notice or attend mediation (secs.9–9C).\n- Regulators/commissioner who administer fee waivers and mediators who manage mediation logistics (secs.9, 9A–9C).\n\n**Why it matters (official rationale, then practical effects and trade‑offs)\n\n- Officially, the instrument specifies standardised information and professional advice to improve transparency in retail leasing negotiations and to ensure parties get appropriate financial and legal advice before entering into or assigning leases (secs.2–7). That is, it operationalises disclosure and advice requirements in the underlying Act.\n\n- Practical effects and trade‑offs:\n  - Transparency and information costs: Lessors, assignors and prospective tenants must produce and exchange fairly detailed information (e.g. rent, outgoings, turnover arrangements, centre details, fit‑out obligations — sec.2; trading performance for assignors — sec.4). This raises the information available to incoming tenants but increases compliance costs for suppliers of disclosure (time, record‑keeping, possible professional fees to compile accurate particulars).\n  - Professional advice burden: Prospective lessees/assignees must obtain accountant and lawyer reports that must confirm coverage of specific matters and include conflict declarations (secs.6–7). This channels tenants toward using qualified advisers and imposes direct cost (fees) on tenants, while reducing legal/financial uncertainty.\n  - Effects on contracting freedom and risk allocation: The regulation does not itself change substantive lease terms but requires that particular features (e.g. demolition/relocation clauses, rent review mechanics, liabilities for outgoings) be disclosed or covered in advice (secs.2, 7). That influences bargaining by making risks and obligations more visible at negotiation time.\n  - Administrative discretion and access to dispute resolution: The commissioner can waive lodging fees on narrow grounds (financial hardship, disaster‑affected sectors/regions, or to promote access — sec.9). This creates limited bureaucratic discretion that can lower access costs to mediation in specific circumstances but requires an administrative application and threshold test.\n  - Mediation process flexibility: The mediator has defined, limited powers to change dates (sec.9A) and to consolidate related disputes if all parties agree (sec.9B). Parties can also opt to use technology for mediation (sec.9C). These changes reduce some procedural barriers but preserve party consent as a gating condition.\n\n**Costs, incentives and implementation risks\n\n- Who pays: Prospective lessees/assignees generally bear costs of obtaining the accountant and lawyer reports (secs.6–7) and parties share the fixed dispute lodging fee equally unless waived (sec.9). Lessors and assignors incur the cost of preparing their disclosure particulars (secs.2, 4).\n- Concentrated vs diffuse costs/benefits: The benefits of better disclosure concentrate with prospective tenants (reduced information asymmetry); the costs (time, professional fees) fall more narrowly on parties required to prepare the disclosures and on tenants who must buy reports.\n- Compliance burden and potential for disputes: Detailed prescribed lists reduce ambiguity (lowering litigation on whether information was given) but may increase cursory, checklist‑style disclosures that do not capture nuance — quality control depends on parties and advisers. There is some implementation risk where data required (e.g. centre turnover, customer numbers) may not be collected or may be commercially sensitive.\n- Opportunity costs and market effects: The obligation to obtain professional reports and to disclose specific commercial data may raise the threshold to entry for small retailers or for quick, informal lease deals, thereby affecting how freely small businesses enter retail markets.\n- Bureaucratic discretion: Fee waivers and mediator powers are narrow and fact‑specific (sec.9; secs.9A–9B). Those discretionary powers can expand access in emergencies but require active use by the commissioner or mediator.\n\n**Relevant provisions to consult directly**\n- Disclosure particulars: sec.2 (lessor), sec.3 (prospective lessee), sec.4 (assignor), sec.5 (prospective assignee).\n- Financial and legal advice reports: sec.6 (accountant), sec.7 (lawyer).\n- Fees and mediation process: sec.9 (dispute fee and waivers), secs.9A–9C (mediation scheduling, related disputes, use of technology).\n- Definition of retail business: sec.8 (and Schedule 1 referenced).\n\n(References in parentheses indicate the relevant regulation sections.)"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The regulation stays squarely within its intended purpose: prescribing the detailed procedural and disclosure requirements that flesh out the framework established by the Retail Shop Leases Act. The 2022 additions (mediation scheduling, related disputes, technology-assisted mediation) represent a modest procedural expansion but remain well within the original regulatory scope of governing retail shop leasing arrangements."},"complexity_factors":["Extremely long and detailed list of required disclosure particulars across multiple different scenarios (new lease, assignment, sub-lease)","Multiple parties with overlapping obligations (lessor, lessee, assignor, assignee, prospective assignee)","Cross-references to numerous sections of the parent Act (ss. 21B, 22A, 22B, 22C, 22D, 45, 46C-46K, 48, 55, 56) requiring the reader to consult additional legislation","Cross-references to other Queensland legislation (Body Corporate and Community Management Act 1997, Building Act 1975)","Distinction between different types of disclosure statements (lessor's, lessee's, assignor's, assignee's) with partially overlapping but distinct requirements","Two separate subsections for prospective assignee disclosure (under s.22B vs s.22C of the Act) with different requirements","Fee structure uses 'fee units' rather than fixed dollar amounts, requiring further lookup to determine actual cost","Poor document structure with significant repetition of content (each provision appears to be duplicated in the source text)"],"plain_english_summary":"This Queensland regulation prescribes how retail shop leases must work in practice. It requires detailed pre‑lease disclosure statements from landlords (and from prospective tenants/assignees), mandates accountant and lawyer advice reports, sets disclosure rules on lease transfers, defines which businesses count as retail, and provides a mediation process for disputes. It affects anyone leasing, buying or selling a retail shop and the landlords and advisors who deal with them."}},"importantCases":[],"_links":{"self":"/api/acts/retail-shop-leases-regulation-2016","history":"/api/acts/retail-shop-leases-regulation-2016/history","analysis":"/api/acts/retail-shop-leases-regulation-2016/analysis","conflicts":"/api/acts/retail-shop-leases-regulation-2016/conflicts","importantCases":"/api/acts/retail-shop-leases-regulation-2016/important-cases","documents":"/api/acts/retail-shop-leases-regulation-2016/documents"}}