{"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":{"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"sec.3(i)","severity":"medium","reasoning":"Requiring a party to acknowledge the absence of something they cannot have complete knowledge of creates an epistemically impossible obligation. A prospective lessee can only attest to representations they personally received, not to the universe of representations made 'by or for' the lessor to all persons. This could expose lessees to misrepresentation liability for things beyond their knowledge.","confidence":0.75,"description":"The prospective lessee's disclosure statement requires an acknowledgement that 'no other material statements or representations have been made by or for the lessor' — but this is an acknowledgement the prospective lessee makes about the lessor's conduct, which the lessee cannot actually verify or truthfully attest to with certainty. The lessee cannot know what representations the lessor's agents may have made that the lessee is unaware of."},{"type":"impossible_compliance","section":"sec.5(1)(i) and sec.5(2)(d)","severity":"medium","reasoning":"The same epistemically impossible acknowledgement problem from sec.3 is replicated and compounded in sec.5, where the prospective assignee must make the acknowledgement twice regarding two separate parties. This doubles the exposure to false attestation.","confidence":0.72,"description":"Both subsections of sec.5 require an acknowledgement that 'no other material statements or representations have been made' — one relating to representations by the assignor (s5(1)(i)) and one relating to representations by the lessor (s5(2)(d)). A prospective assignee is simultaneously required to give two separate disclosure statements containing acknowledgements of negatives about two different parties' conduct, neither of which they can fully verify."},{"type":"circular_definition","section":"sec.4(p)","severity":"low","reasoning":"If the assignor's disclosure statement is itself being prepared and has not yet been delivered, the acknowledgement within it of having already provided prior documents is logically premature. The acknowledgement cannot be truthful at the time the document is created if delivery has not yet occurred.","confidence":0.65,"description":"The assignor's disclosure statement requires an 'acknowledgement' that the assignor has given the assignee a copy of the lessor's original disclosure statement. An acknowledgement is typically a statement of fact already accomplished, yet this 'prescribed particular' appears in the disclosure statement itself — meaning the assignor must acknowledge delivery of documents in the same instrument as the disclosure statement, creating a circularity where the disclosure statement acknowledges delivery of the prior disclosure statement that may not yet have been given."},{"type":"other","section":"sec.7(f)(xiv) and sec.7(g)","severity":"low","reasoning":"The structural formatting inconsistency means that whether the lawyer's advice certification covers sec.7(g) and (h) topics is unclear. If they are separate particulars rather than sub-items of (f), no affirmative statement that advice was given on these matters is required — only that information about them appears in the report.","confidence":0.6,"description":"The structured list in sec.7(f) appears to end at item (xiv) 'the consequences of a breach of a term or condition of the lease', but items (g) and (h) — covering insurance/indemnity provisions and community titles scheme — appear to be substantively part of the 'advice given' list but are formatted as separate top-level particulars. This creates ambiguity as to whether the lawyer must certify having advised on insurance and community titles as part of the same statement or separately."},{"type":"impossible_compliance","section":"sec.9(1)","severity":"low","reasoning":"Fee units are typically whole numbers. If 350 fee units cannot be divided equally among, say, three parties (116.67 fee units each), the 'equal shares' mandate becomes mathematically impossible without rounding rules. No rounding provision is supplied.","confidence":0.55,"description":"The dispute fee is stated as '350 fee units payable by the parties to the dispute in equal shares.' In a two-party dispute, this is straightforward. However, where there are an odd number of parties or a fractional unit value applies, the 'equal shares' requirement may produce mathematically impossible equal division of the fee units."},{"type":"self_contradicting","section":"sec.9A(2) and sec.9B(1)","severity":"medium","reasoning":"A party cannot meaningfully exercise the sec.9B right to consolidate related disputes if the conference date is being changed under sec.9A, because all related-dispute parties must agree, and the changed date may not suit them. Yet both rights must be exercised within the same 2-day window from the same triggering notice, creating a practical impossibility of sequential decision-making.","confidence":0.7,"description":"Both sec.9A(2) and sec.9B(1) impose a 2-day deadline triggered by receipt of 'the notice under sec.9A(1)'. However, sec.9A(1) refers to a notice under the Act s.56(1)(b)(ii). If sec.9A and sec.9B are both triggered by the same notice, a party must simultaneously decide within 2 days both whether to request a date change (9A) and whether to request consolidation of related disputes (9B) — but requesting a date change under 9A may render the 9B deadline moot if the conference date shifts, yet 9B's deadline remains anchored to the original notice."},{"type":"impossible_compliance","section":"sec.2(zd)","severity":"medium","reasoning":"Requiring comprehensive disclosure of 'any' representations made during negotiations is an open-ended obligation with no limiting principle. There is no mechanism to verify completeness, and any omission — however inadvertent — could expose the lessor to liability. The obligation is practically impossible to satisfy with certainty.","confidence":0.68,"description":"The lessor's disclosure statement must include 'details of any other statements or representations made by or for the lessor in connection with the lease during the negotiations for the lease.' This requires the lessor to disclose all oral or informal representations made during negotiations — a category that is inherently uncertain, potentially self-incriminating, and practically impossible to enumerate completely, particularly where negotiations involved multiple agents or occurred verbally over extended periods."}],"contradictions":[{"severity":"medium","section_a":"sec.7(f) (lawyer's advice statement — insurance/indemnity)","section_b":"sec.7(g)","confidence":0.72,"description":"The unstructured text version of sec.7 includes 'any insurance or indemnity provisions in the lease' as part of the lawyer's advice statement under sec.7(f), but the structured list version places it as a standalone item sec.7(g) outside the sec.7(f) sub-list. This means the two formulations of the same provision are internally inconsistent as to whether the lawyer must certify advice on insurance as part of the formal advice statement or merely include it as a separate particular."},{"severity":"medium","section_a":"sec.5(1)(h)","section_b":"sec.5(2)(b)","confidence":0.65,"description":"Section 5(1)(h) requires the prospective assignee's disclosure statement (under s.22B(2)) to include details of representations made 'by or for the assignor' being relied upon. Section 5(2)(b) then requires the s.22C(3) disclosure statement to incorporate 'the particulars mentioned in subsection (1)(a) to (h)' — which includes (h), the assignor's representations. However, the s.22C(3) statement is given in the context of a lessor-initiated assignment process, making disclosure of assignor representations in a lessor-triggered document logically incongruous and potentially requiring disclosure of information the lessor has no standing to verify."},{"severity":"low","section_a":"sec.6(f)(v) — lawyer's legal advice report requiring financial advice","section_b":"sec.7(j)(iii) — lawyer's exclusion of accounting/taxation advice","confidence":0.5,"description":"Section 6 (financial advice report) requires the accountant to advise on 'taxation requirements'. Section 7(j)(iii) requires the legal advice report to state that the lawyer is NOT providing advice about 'accounting requirements or taxation implications'. However, sec.7(i)(iv) simultaneously requires the lawyer to advise the prospective lessee to obtain 'financial advice about the operation of the retail business'. The lawyer must advise clients to get financial advice (including tax) while explicitly disclaiming any such advice — which is consistent in isolation, but sec.6 and sec.7 together create a regime where tax advice is required from one professional and explicitly disclaimed by another, yet both reports are prescribed particulars of the same transaction with no coordination mechanism."},{"severity":"low","section_a":"sec.4(j) — arrears without notice","section_b":"sec.4(p)(ii) — material changes to prior disclosure statement","confidence":0.55,"description":"Section 4(j) requires disclosure 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.' Section 4(p)(ii) requires acknowledgement that 'details of any material changes in the information contained in the [lessor's original] statement that have happened since the statement was given' have been provided. If the assignor is in undisclosed arrears (by definition unknown to the lessor per s4(j)), those arrears may also constitute a 'material change' under s4(p)(ii) that should be reflected in an update to the lessor's original disclosure statement — but the lessor's statement cannot be updated by the assignor, creating a structural gap where the same information is required by two different mechanisms with no clear reconciliation pathway."}]},"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":"## What This Law Is About\n\nThis is a Queensland regulation that sets out the **detailed rules for how retail shop leases must work in practice**. It operates under the *Retail Shop Leases Act* (the parent law) and primarily affects anyone **renting a shop to run a retail business** — think cafes, clothing stores, hairdressers, newsagents — and the **landlords (lessors) who lease those premises** to them.\n\n## What It Actually Requires\n\n### 1. Disclosure Statements (the big one)\nBefore a retail lease is signed, **landlords must give tenants a detailed written disclosure statement** — essentially a 'truth document' about what they're signing up for. This must cover:\n- Rent details (starting amount, how it's calculated, any rent-free periods, how it gets reviewed)\n- What extra costs the tenant must pay (like a share of the building's outgoings — rates, insurance, maintenance)\n- Trading hours and access rights\n- Whether the landlord can demolish the building or force the tenant to move\n- For shopping centre tenants: how many shops are in the centre, who the anchor tenants (major stores like supermarkets) are, foot traffic data, and whether the landlord guarantees no competing businesses\n- Any known legal disputes about the property\n- Any renovations or roadworks planned nearby\n\n**Prospective tenants** must also provide their own disclosure statement — about their retail experience, financial capacity, and what promises they're relying on from the landlord.\n\n### 2. When a Lease Is Being Sold (Assignment)\nIf an existing tenant wants to **sell their business and transfer the lease** to someone new (called an 'assignment'), both the outgoing tenant and the incoming tenant must complete disclosure statements. The outgoing tenant must reveal things like rent arrears (unpaid rent), any rent deals they had, sales figures for the last 3 years, and whether there are any debts attached to the shop fittings.\n\n### 3. Professional Advice Reports\nBefore signing, prospective tenants and incoming assignees must get **reports from both an accountant and a lawyer** confirming they've received proper advice. The accountant must cover financial viability; the lawyer must cover legal obligations, relocation rights, demolition clauses, and what happens at the end of the lease.\n\n### 4. What Counts as a 'Retail Business'\nThe regulation defines which types of businesses count as 'retail' (using a schedule/list). Wholesale businesses are explicitly excluded.\n\n### 5. Dispute Resolution\nIf a landlord and tenant have a dispute, they can apply for **mediation** (a structured negotiation process with an independent mediator). The fee is **350 fee units** (split equally), but this can be waived if paying would cause financial hardship — or waived for whole industries/regions affected by natural disasters or emergencies.\n\nParties can also request the mediation date be shifted by up to 7 days, ask for related disputes to be heard together, and agree to conduct mediation via phone or video call.\n\n## Who This Matters To\n- **Anyone opening or buying a retail shop** — you're legally entitled to receive detailed information before you sign\n- **Shopping centre landlords** — you have extensive disclosure obligations\n- **Anyone buying an existing retail business** — the outgoing tenant must hand over key financial and lease information\n- **Accountants and lawyers** advising retail tenants — there are specific report formats you must follow"},"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_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"}},"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"}}