The Regulations operationalise a small number of interlocking concepts from the Business Tenancies (Fair Dealings) Act 2003 by prescribing form, content and a limited set of administrative qualifications and exemptions.

Prescribed form: Regulation 3 ties numbered forms in the Schedule to references within the Regulations and, by implication, to the Act. That means when the Act refers to a disclosure or application by form number, compliance requires the text and signature fields set out in the Schedule.

Disclosure content: Regulations 4, 5 and 6 specify what information must be included in the landlord’s disclosure (Form 1 Part A), the tenant’s disclosure (Form 1 Part B) and an assignor’s disclosure (Form 2). The landlord’s disclosure required fields include: landlord and agent identity and contact details; tenant identity; precise shop address; net lettable area (and whether the figure is estimated or surveyed); finishes and fitout items provided by the landlord and whether the tenant must contribute; retail shopping centre information where applicable (name, gross lettable area, tenancy mix, carparking numbers, core trading hours, floor plan attachment, planning approvals); lease particulars (term, options, handover and commencement dates); permitted use and exclusivities; base rent schedule with review/adjustment method; turnover/percentage rent mechanics where applicable; comprehensive categories of outgoings with per annum estimates and the formulae used to apportion them; promotional and marketing contributions; GST allocation; tenant fitout obligations; relocation and demolition clauses; additional representations; and a landlord’s declaration and signature block (Form 1 Part A). The tenant’s disclosure requires acknowledgement of receipt of the lease and landlord’s disclosure, a confirmation about independent advice and reliance on representations, and a signature (Form 1 Part B). The assignor’s disclosure (Form 2) requires statements about the most recent landlord disclosure having been provided, outstanding notices, encumbrances, fixtures/fittings ownership issues and any rent concessions or other benefits previously granted.

Conciliation qualifications: Regulation 9 sets out the qualifications the Commissioner’s delegate must have to conduct conciliation conferences: competence in alternative dispute resolution; knowledge of rights, obligations and liabilities under the Act that attach to parties to a retail shop lease; and familiarity with accepted practices concerning retail shop leasing.

Administrative exemption: Regulation 10 creates a temporary exemption from the Act for specific airport retail shop leases, listing three named airport companies and their property lots (Darwin International Airport Pty Ltd, Tennant Creek Airport Pty Ltd, Alice Springs Airport Pty Ltd and identified lots and NT Portions). The exemption is expressly time-limited to a six‑month period commencing on the date this regulation comes into operation (r 10(1)-(2)).

Commissioner paperwork: Forms 3 and 4 provide the authorised templates for applying to the Commissioner for a determination and for the Commissioner to certify failure to resolve a claim. Form 3 includes a contemporaneous note that at that time no application fee had been prescribed under s 87(1) of the Act.

Interdependency with the Act: Throughout, the Regulations and Schedule reference particular sections of the Act (for example, they implement s 19(2), s 21(2), s 56(d), s 86(3), s 104(2) and s 89(3)). They therefore have force only as the detailed instruments that the Act contemplates; they do not (and cannot) expand the Act’s substantive rights or obligations absent an express provision in the Act.

The Regulations affect a narrow, concentrated set of actors involved in retail shop leasing in the Northern Territory.

Landlords and landlord agents: Landlords (and their agents) must prepare and sign the landlord’s disclosure statement in the exact structure of Form 1 Part A whenever the Act requires a disclosure under s 19(2) (regulation 4 and Form 1 Part A). The landlord’s declaration in Form 1 Part A requires the signatory to acknowledge that all written representations are contained in the statement and that no relevant information has been knowingly withheld. Landlord agents who complete or deliver the statement are identified fields within the form.

Tenants: Tenants must complete the tenant’s disclosure in Form 1 Part B when the Act requires it under s 21(2) (regulation 5 and Form 1 Part B). Form 1 Part B imposes a formal record requirement: the tenant must acknowledge receipt of the proposed lease and the landlord’s disclosure, confirm whether legal advice has been sought, attest to the representations relied upon, and sign the form. The form also defines the moment a lease is “entered into” for the purposes of the disclosure obligations , possession, commencement of rent payments, or when the lease is signed , which is material to timing compliance.

Assignors and assignees: On assignment of a retail shop lease, the assignor must provide an assignor disclosure (Form 2) to the assignee as required by s 56(d) of the Act (regulation 6). The Form 2 fields require the assignor to confirm that the assignee has been provided with the most recent landlord disclosure and to report on outstanding notices, encumbrances and any concessions previously granted. Both assignor and assignee must sign Form 2.

Commissioner and delegates: The Commissioner of Business Tenancies uses Form 3 for applications and Form 4 for certificates (regulations 7 and 8; Forms 3 and 4). Regulation 9 imposes minimum qualifications for a Commissioner’s delegate who conducts conciliation conferences; this directly affects who can perform conciliation functions under s 89(3) of the Act.

Retail tenants at specified airports: Retailers leasing at the specifically listed airport properties (Darwin International Airport Pty Ltd at Lot 3381 Hundred of Bagot; Tennant Creek Airport Pty Ltd at Lots 998 and 1281 Town of Tennant Creek; Alice Springs Airport Pty Ltd at the listed NT Portions) were affected by r 10(1)-(2), which exempted those retail shop leases from the Act’s operation for a 6‑month start‑up exemption period. The exemption is tightly defined by company and lot identifiers.

Legal practitioners and advisers: Although the Regulations do not prescribe who may provide the legal certificate referred to in Form 1 Part B, the tenant’s disclosure contemplates a legal practitioner certificate under s 19(6) of the Act where the landlord’s disclosure was delivered less than seven days before the lease was entered into. Advisers will therefore be involved in interpreting timing and certification requirements.

Courts and tribunals: The Commissioner’s certificate (Form 4) records a factual finding that parties have failed to resolve a claim and that the claim is “within a court’s jurisdiction referred to in section 105” of the Act. That certificate is a procedural gateway to court or tribunal proceedings referenced by the Act.

Practical concentration of burden: The Regulations concentrate documentary burdens on a small number of actors , landlords, assignors and tenants , while giving the Commissioner and delegates standardised instruments to administer disputes. The most substantial compliance obligations will fall on landlords required to assemble and maintain data for a detailed landlord disclosure (net lettable area, outgoings estimates and apportionment formulae, fitout obligations, marketing levies, GST treatment, planning approvals and tenancy mix).

The Regulations translate statutory duties into precise documentable duties and create default administrative rights in the procedural path to dispute resolution. The obligations are mainly documentary and timing obligations anchored to specific sections of the Act and the Schedule forms.

Duties of the landlord (regulation 4; Form 1 Part A):

• Provide a landlord’s disclosure statement in the authorised Form 1 Part A whenever the Act requires disclosure under s 19(2). The Form 1 Part A identifies mandatory information fields: landlord and agent identity and contact details; details of the retail shop (address, shop number, net lettable area, and whether area is estimated or surveyed); finishes, fixtures and services provided by the landlord and any tenant contributions; detailed retail shopping centre data where applicable (name, address, number of shops, gross lettable area, car park bays, core trading hours, floor plan, tenancy mix and planning approvals); full lease particulars (term, options, handover date, commencement date); permitted use and exclusive rights; base rent schedule and adjustment method; percentage/turnover rent arrangements; detailed estimates of outgoings for either shopping centre or standalone building settings with specified categories; formulae for apportionment of outgoings; promotional and marketing contributions with per annum estimates; GST allocation on supplies; tenant fitout/refurbishment requirements (before and during lease); relocation and demolition clause presence; representations made by landlord or agent during negotiations; and a declaration signed by landlord or agent attesting to completeness and non‑withholding of material information.

Tenant duties and rights (regulation 5; Form 1 Part B):

• Complete and return the tenant’s disclosure Form 1 Part B to the landlord or landlord’s agent before the lease is entered into (Form 1 Part B emphasises completion before entry into lease and defines when entry occurs: possession, commencement of rent payments, or signing). The tenant must acknowledge receipt of the proposed lease and the landlord’s disclosure and must declare whether independent advice has been sought. The tenant must confirm which representations have been relied upon and assert their ability to meet lease obligations based on their commercial projections.

Assignor duties (regulation 6; Form 2):

• On assignment, the assignor must provide the assignee with the most recent landlord disclosure plus details of any changes the assignor is aware of (Form 2). The assignor must also advise regarding outstanding notices in respect of the lease and the shop, disclose encumbrances on the lease and fixtures/fittings and report any rent concessions or other benefits given by the landlord to the assignor.

Application and procedural rights (regulation 7; Form 3):

• An applicant seeking determination of a retail tenancy claim must use Form 3 for applications to the Commissioner pursuant to s 86(3) of the Act. Form 3 requires extensive applicant and respondent details, a summary of the dispute, the monetary claim, remedy sought and signature. The Form 3 contains an explicit note that at the time of publication no application fee had been prescribed under s 87(1) of the Act; that indicates a right of access to the Commissioner without a prescribed fee at that time, subject to the Act’s provisions.

Commissioner’s rights and functions (regulation 8; Form 4; regulation 9):

• The Commissioner issues a certificate of failure to resolve a retail tenancy claim in the Form 4 template pursuant to s 104(2) of the Act. Form 4 records the Commissioner’s satisfaction that parties have failed to resolve the claim and that the claim is within the court jurisdiction referred to in s 105 of the Act. Regulation 9 prescribes minimum qualifications for a Commissioner’s delegate conducting conciliation conferences; that is a duty on the Commissioner to ensure delegates have ADR competence and knowledge of rights and accepted practices under the Act.

Exemption rule (regulation 10):

• For the limited set of airport leases listed, the Act does not apply for the six months commencing on the date regulation 10 comes into operation (r 10(1)-(2)). This temporarily removes the Act’s disclosure and other statutory protections for those specific identified leases for that fixed period.

Limitations of the Regulations:

• The Regulations do not themselves create criminal penalties or civil liabilities; they are procedural and documentary. Any compliance failure is enforceable through the Act’s mechanisms (for example, the Commissioner and courts referenced in the Act), as indicated by the cross‑references throughout the Schedule and regulations.

Record and signature duties:

• Several forms contain signed declarations that will be material evidence in any subsequent dispute: the landlord’s declaration that no material information was withheld; the tenant’s declaration about representations and receipt of documentation; the assignor’s confirmations to the assignee; and the Commissioner’s certificate that conciliation has failed. That creates documentary obligations that affect evidentiary positions and potential remedies.

The Regulations themselves do not create new offences or prescribe monetary penalties. They are an enabling, procedural instrument that prescribes forms, content and limited administrative requirements under the Business Tenancies (Fair Dealings) Act 2003. Enforcement mechanisms and penalties (if any) derive from the Act rather than from the Regulations. The Regulations repeatedly cross‑refer to sections of the Act when prescribing the form and content of documents the Act requires (for example, s 19(2) for landlord disclosure, s 21(2) for tenant disclosure, s 56(d) for assignor disclosure, s 86(3) for Commissioner applications and s 104(2) for certificates) (see regulations 4-8).

Commissioner certification as procedural gateway: Form 4 (regulation 8) is a vehicle by which the Commissioner certifies that parties have failed to resolve a retail tenancy claim and that the claim is within a court’s jurisdiction referred to in s 105 of the Act. That certificate is a procedural document the Act uses to enable court action; the Regulations enforce no penalty by themselves but do enable escalation to judicial processes under the Act.

Administrative discretion and evidentiary effect: The Regulations give the Commissioner and delegates standard documents which are likely to have evidentiary weight in any enforcement or court proceeding. For example, a landlord’s signed declaration that no material information has been knowingly withheld (Form 1 Part A) may be used in court or before the Commissioner to prove representation or omission issues. Conversely, a tenant’s signed acknowledgement that the landlord’s disclosure was received less than seven days before entry and that a legal practitioner’s certificate was obtained would affect the tenant’s capacity to challenge on timing grounds (Form 1 Part B). The Regulations thus create documentary duties whose breach may be relied on in enforcement or litigation under the Act, but any sanction or remedy must be sought under the Act or through the courts.

No application fee prescribed at the time of the form: Form 3 contains an express contemporaneous note that “At this time no application fee has been prescribed under section 87(1) of the Business Tenancies (Fair Dealings) Act 2003.” That note records the administrative position when published and indicates access to the Commissioner without a prescribed fee at that time; whether a fee is later prescribed is a matter for the Act’s implementing instruments, not the Regulations themselves.

Conciliation delegate qualifications but not sanction rules: Regulation 9 prescribes minimum qualifications for delegates who conduct conciliations. It does not create enforcement powers or penalties relating to conciliation conduct; the provision is administrative and functional rather than disciplinary.

Practical enforcement implication: Because the Regulations standardise the disclosure documents, failing to use the prescribed form or omitting required fields can create procedural problems that affect enforcement under the Act. For instance, a landlord who does not provide the required disclosures in the Form 1 Part A when the Act requires them may face remedies or be disadvantaged in an enforcement proceeding under the Act; the Regulations themselves do not list fines or criminal consequences but they create compliance steps that feed into the Act’s enforcement architecture.

The Regulations are subordinate instruments made under the Business Tenancies (Fair Dealings) Act 2003; each prescriptive provision cites the section of the Act that it implements. The interaction is therefore direct and instrument‑specific, rather than a broad cross‑regulatory overlay.

Primary interaction with the Business Tenancies (Fair Dealings) Act 2003:

• Implementation of disclosure obligations: Regulations 4 and 5 implement the Act’s disclosure provisions by specifying the exact information and structure to comply with s 19(2) (landlord’s disclosure) and s 21(2) (tenant’s disclosure) respectively. Similarly, regulation 6 implements s 56(d) by prescribing an assignor’s disclosure form.
• Dispute resolution pathway: Regulation 7 provides the form mandated by s 86(3) for applications to the Commissioner of Business Tenancies. Regulation 8 provides the certificate required by s 104(2). The forms are procedural instruments that the Act relies upon to operationalise its dispute resolution scheme.
• Conciliation function: Regulation 9 supplies the qualifications for a Commissioner’s delegate conducting conciliation conferences as required by s 89(3). The regulation therefore shapes the internal administrative capacity of the Commissioner and delegates in performing functions assigned by the Act.
• Exemptions: Regulation 10 invokes the Act’s provision allowing exemptions (it expressly states “For section 8 of the Act, an airport retail shop lease is exempt … for 6 months”), thereby using a regulation to exercise a power given by the Act to exempt particular leases from the Act’s operation.

Interaction with evidentiary and procedural law:

• The forms and signed declarations in the Schedule will be evidence in any litigation or administrative proceeding. They do not themselves alter evidence law, but the accuracy and completeness of the prescribed forms will be material to civil disputes about representations, estoppel, inducement to enter a lease, or contractual misrepresentation. The Regulations make the forms the baseline documentation for such arguments.

Interaction with tax and GST law:

• Form 1 Part A includes a discrete field requiring the landlord to state whether the tenant must pay the landlord the amount of any goods and services tax payable on any supply under or as a result of the lease. That requirement does not alter GST law but requires the parties to record clearly the treatment of GST in the lease, which will have interactional significance with the goods and services tax rules in Australia. The Regulation does not purport to define tax liabilities; it only requires disclosure of the contractual allocation of GST.

Interaction with property and planning laws:

• Form 1 Part A asks the landlord to disclose whether planning approval has been obtained for renovations, redevelopments or extensions of the centre and to provide details where obtained. The Regulation therefore creates a disclosure link between the lease negotiation process and planning approvals under relevant planning laws; it does not modify planning law or approvals but requires the landlord to state the planning position to the tenant.

Interaction with assignment and encumbrance regimes:

• Form 2 asks the assignor to state whether there are encumbrances on the retail shop lease or on fixtures and fittings. That disclosure requirement interacts with property registration and encumbrance regimes, insofar as the assignor should be in a position to inform the assignee about registered or unregistered encumbrances. The Regulation does not itself affect the priority of interests; it imposes a disclosure duty intended to inform parties about encumbrances.

No interaction beyond the Act explicitly prescribed:

• The Regulations do not purport to displace or amend other statutory regimes; they are narrowly framed to effect the Act’s disclosure and procedural requirements. Any broader interaction with other legislation will be by operation of the substantive law in those statutes and by the content recorded in the forms prescribed here.

The Regulations contain a concise amendment record in their endnotes and the instrument text. The timeline and amendments recorded in the provided text are the following:

• Initial instrument: Business Tenancies (Fair Dealings) Regulations (SL No. 18, 2004) were notified 9 June 2004 and commenced 1 July 2004, the date of commencement being linked to commencement provisions in the Business Tenancies (Fair Dealings) Act 2003 (see Endnotes 2 and the commencement note at regulation 2).
• First amendment: An amendment of the Regulations (Business Tenancies (Fair Dealings) Regulations (SL No. 42, 2004)) was notified 22 December 2004 and commenced on that date. The Endnotes record that regulation 10 was inserted by No. 42, 2004, r 2, indicating that the airport exemption (r 10) was a post‑commencement addition.
• Later amendment: Business Tenancies (Fair Dealings) Amendment Regulations 2017 (SL No. 9, 2017) were notified 24 May 2017 and commenced on that date. The Endnotes record that Schedule amendments were made by No. 9, 2017, r 3.
• Formal amendments under interpretation act: The Endnotes note that general formal amendments of a minor nature have been made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to regulations 1 and 2 and the Schedule. Those are described as formal amendments of a non‑substantive nature in the Endnotes and are distinct from substantive amendments recorded earlier.
• Specific references: Endnote 4 lists that regulation 10 was inserted by No. 42, 2004 r 2 and that the Schedule was amended by No. 9, 2017 r 3. The Endnotes list amendments at rr 1 and 2 and the Schedule by the Interpretation Legislation Amendment Act 2018 in the general amendments note.

Practical implication of amendment history:

• The initial Regulations and their Schedule were in force from the Act’s commencement. An early amendment in 2004 added the airport exemption (r 10). The Schedule content was amended in 2017, which suggests adjustments to the prescribed forms (the Schedule contains the forms themselves). The Interpretation Legislation Amendment Act 2018 is recorded as effecting formal non‑substantive amendments to r 1, r 2 and the Schedule. The text you have is “as in force at 24 May 2017” with post‑2017 formal amendments noted; to determine the exact operative text at any later time one should consult the consolidated reprint for subsequent formal changes.

What the amendment record does not show:

• The Regulations as provided do not record any judicial interpretation or substantive rewrites beyond those listed. They do not identify any retrospective amendments or transitional provisions in the text given. The Endnotes function as the canonical amendment log for this instrument in the provided reprint.

The Regulations themselves contain no recorded litigation history in their text or endnotes. The instrument is primarily prescriptive and administrative , prescribing forms and qualifications , and the Schedule contains standard disclosure and application templates. The provided document does not name any cases, nor does it include notes referring to judicial consideration of the Regulations.

What the Regulations do show that may give rise to litigation:

• The landlord’s and tenant’s forms include signed declarations about representations and the completeness of disclosures. These signed statements are the kinds of documents that often become contested in litigation about lease formation, misrepresentation, estoppel and disclosure obligations; however, the Regulations do not report any litigation outcomes or case law.
• The Commissioner’s certificate (Form 4) is explicitly designed to be used where conciliation fails and to identify claims “within a court’s jurisdiction referred to in section 105” of the Act. That certifying function creates a procedural path to court which can generate litigation under the Act. The Regulations supply the form but do not provide a litigation log.

Practical research implication:

• If you require judicial treatment of the Act’s disclosure rules or of disputes where the prescribed forms were used, you must search the case law databases or the relevant court/tribunal records. The Regulations and their Endnotes as provided give no name, citation, or summary of judicial decisions involving them.

The Regulations introduce several practical and legal friction points that can catch parties unprepared. These are concrete mechanics and compliance risks sourced from the text; no claim is made beyond what the Regulations require.

Timing of disclosure and the legal certificate: Form 1 Part B requires the tenant to acknowledge whether the landlord’s disclosure was received at least seven days before entering into the lease, or whether it was received less than seven days before and the tenant has obtained a legal practitioner’s certificate in accordance with s 19(6) of the Act. The Form defines when a lease is “entered into” as the earliest of possession, commencement of rent payments or the lease being signed. Practical risk: if a landlord provides the disclosure fewer than seven days before one of those triggering events, the tenant must secure an eligible legal practitioner’s certificate , otherwise the tenant’s statutory rights under the Act may be at risk. The Regulation requires the tenant to confirm this on the face of the form (Form 1 Part B), creating a compliance trap if parties mis‑time possession or rent payments.

Detail and evidentiary consequences of landlord’s declaration: The landlord’s disclosure declaration (Form 1 Part A, item 9) requires the landlord or landlord’s agent to acknowledge that the statement contains all written representations, that agreements are fully reflected, and that nothing material has been knowingly withheld. Those are strong, signed factual assertions. Practical risk: an item omitted from the disclosure or inconsistent with oral representations can be relied upon by the tenant. The Regulation therefore creates a document that can be used as evidence in disputes about misrepresentation.

Estimates versus surveyed figures: Form 1 Part A asks the landlord to state net lettable area and whether it is actual or estimated, and if estimated to say whether a survey will be conducted. Similarly, outgoings are “estimated per annum” and reconciled at year end. Practical friction: disputes commonly arise over square metre figures, the basis for apportioning outgoings, and whether a later variance in area or outgoings justifies rent or contribution adjustments. The Regulation requires disclosure of estimation status but does not prescribe dispute resolution for subsequent variance; that will fall back on the lease terms and the Act.

Comprehensiveness of outgoings schedules: The landlord must provide an extensive list of outgoings categories and the formulae used to apportion those outgoings to the tenant. Practical burden: landlords must assemble granular costings and apportionment formulas. For tenants, the volume of categories and the potential for traps (eg, “other charges to be borne by the tenant” or ambiguous apportionment methodology) are material. The Regulation gives no template for how to reconcile disputes about the reasonableness of the estimates or the apportionment methods beyond the Commissioner and courts under the Act.

Assignor’s limited warranties and knowledge scope: Form 2 requires the assignor to provide the assignee with the most recent landlord disclosure and to disclose changes “of which the assignor is aware.” Practical issue: the assignor’s statement is qualified by their knowledge; if the assignor genuinely lacks knowledge of incumbrances, the assignee’s recourse may be limited or complicated. The assignor must sign and the assignee must sign too; those signatures are evidence but the form does not create statutory warranties by the assignor beyond the statements made.

Commissioner procedural discretion and certification: Form 4 requires the Commissioner to sign a certificate that they are “satisfied that the parties have failed to resolve the claim and are unlikely to do so, and the claim is within a court’s jurisdiction referred to in section 105.” Practical risk: the Commissioner’s satisfaction is an exercise of administrative judgment; parties relying on the certificate to proceed to court must anticipate the Commissioner’s discretionary view regarding whether further conciliation is likely to succeed.

Airport exemption narrowness and temporality: Regulation 10 gives a six‑month exemption from the Act for specifically listed airport retail leases. The exemption applies only to named companies and listed lots and only for six months from the regulation’s commencement. Practical point: a retailer or prospective tenant at those airports during that six month window will not have the Act’s protections; after the six months, the Act will apply. The regulator’s choice to target specific ACNs and lot numbers makes the exemption precise but also easy to misread , only the listed entities and lots are exempt.

Application fee note: Form 3 contains a contemporaneous note that at that time no application fee had been prescribed under s 87(1). Practical uncertainty: absence of a prescribed fee at the time of the form does not preclude a later prescription of a fee by regulation or instrument under the Act. Users should check current fees before relying on the Form 3 note.

No penalties in the Regulations: Because the Regulations are procedural, they do not themselves set penalties; enforcement depends on the Act. Users should not assume the Regulations are the comprehensive compliance instrument; they must be read and followed in combination with the Act (regulations 4-8 repeatedly reference the relevant Act sections).

Form signature and representation alignment: The forms tie representations to lease negotiation communications. A party that signs the form and later relies on inconsistent oral statements faces evidentiary difficulty. Parties should not sign a prescribed form until representations and the lease text align.

This section sets out practical compliance steps mapped to specific regulatory provisions and schedule forms. The aim is to turn the Regulations’ documentary requirements into a checklist and recordkeeping protocol for landlords, tenants, assignors and applicants to the Commissioner.

For landlords (regulation 4; Form 1 Part A):

1. Prepare Form 1 Part A before offering or finalising a retail shop lease where the Act requires a landlord’s disclosure under s 19(2). Fill all applicable items; where inapplicable, implement the form’s instruction to delete inapplicable text.
2. Populate identification fields (landlord name, trading name, address, agent details) and provide full tenant details.
3. Record the retail shop particulars: street address, shop number, net lettable area and whether the area is actual or estimated. If estimated, state whether a survey will be conducted and when.
4. Provide an itemised list of finishes, fixtures, fittings, equipment and services that the landlord provides, and explicitly state whether the tenant must contribute financially and to what extent.
5. If the shop is in a retail shopping centre, complete the centre section: centre name, address, number of shops, gross lettable area (and whether estimated), number of car park bays (total and exclusive), core trading hours, hours of access outside core trading hours, attachment or non‑attachment of a floor plan, tenancy mix by category, likelihood of tenancy mix change over the lease term, and planning approvals for redevelopment or extensions (include details).
6. Provide lease particulars (term, options, handover and commencement dates) and describe permitted use, exclusivities, and prohibited sales.
7. Complete the base rent schedule with periods, rents and adjustment methods on review, including rental payments mechanics and first payment date. For turnover rent, record whether it applies and the calculation basis.
8. Provide detailed outgoings estimates, using the categories listed in the form. State clearly the formulae to apportion outgoings to the tenant for core trading hours, after hours, directly assessed outgoings and services, and whether services will be billed direct to supply authorities or included in outgoings.
9. Complete the promotions and marketing contributions and the GST allocation clause.
10. Set out tenant fitout/refurbishment obligations and indicate whether the lease includes relocation or demolition clauses.
11. Record any additional representations made during negotiations and ensure the declaration in item 9 is accurate; sign and date the form. Retain copies and any supporting documents (floor plans, planning approval documents, survey data if available).

For tenants (regulation 5; Form 1 Part B):

1. Ensure you receive a copy of the proposed lease and the landlord’s disclosure before entering into the lease. If the disclosure is given fewer than seven days before you enter into the lease, obtain the legal practitioner’s certificate contemplated by s 19(6) and be prepared to confirm that on Form 1 Part B.
2. Complete Form 1 Part B and return it to the landlord or landlord’s agent before entry. Confirm whether you sought independent advice, list any representations you relied upon, and sign the form to create a contemporaneous record.
3. Retain a copy of the signed Form 1 Part B and the landlord’s disclosure. If the landlord’s disclosure lists estimated areas or outgoings, consider obtaining independent verification (survey of area, review of outgoings).
4. Before accepting rent‑free periods or commencing fitout work, check whether fitout obligations disclosed in Form 1 Part A match the lease text; keep photographic records of condition at handover.

For assignors and assignees (regulation 6; Form 2):

1. On assignment, the assignor must give the assignee the most recent landlord disclosure and disclose changes of which the assignor is aware. Use Form 2 and complete each item; do not overstate knowledge.
2. Confirm any outstanding notices in respect of the lease or the retail shop, encumbrances on the lease or fixtures, and any rent concessions previously granted. Both assignor and assignee must sign Form 2; retain copies.
3. Assignees should request original landlord disclosure documents and supporting evidence for any encumbrances or rent concessions disclosed, and consider searches for registered encumbrances.

Applying to the Commissioner (regulation 7; Form 3):

1. Use Form 3 for applications to the Commissioner for determination of a retail tenancy claim under s 86(3). Complete tenant/landlord details, applicant status, contact details and representative details.
2. Provide a concise summary of the dispute, attach a copy of the lease and supporting documents (noted on the form as typical attachments), state the total monetary claim and the remedy sought, and sign the application.
3. Check current fee schedules before lodging; Form 3 contains a contemporaneous note that no application fee had been prescribed under s 87(1) at the time of publication, but that position can change.
4. Lodge the application with the Commissioner at the address or contact details listed in Form 3 and retain proof of lodgement.

Conciliation (regulation 9):

1. When the Commissioner appoints a delegate to conduct conciliation, confirm that the delegate meets the qualifications in regulation 9: competence in ADR, knowledge of the Act’s rights and obligations, and an understanding of accepted retail leasing practices. If not, raise the qualification issue promptly with the Commissioner.
2. Prepare documents and a concise chronology for the conciliation conference to ensure the delegate has the factual material to assess the likelihood of resolution.

If conciliation fails (regulation 8; Form 4):

1. If a conciliation is unsuccessful, the Commissioner will issue a Form 4 certificate stating failure to resolve and that the claim is within the court jurisdiction referred to in s 105 of the Act. Use that certificate as a procedural document to move to the relevant court or tribunal as allowed by the Act.

Record management and evidentiary practice:

1. Maintain contemporaneous copies of all prescribed forms and attachments. The forms contain signed statements that will be primary evidence in disputes.
2. For landlords, retain supporting material for estimates (outgoings invoices, budgets, management fee calculations, survey reports) so you can justify figures stated in Form 1 Part A if challenged later.
3. For tenants, preserve communications from landlords and agents, photographs of the premises at handover, and records of financial projections relied upon when signing Form 1 Part B.

Check current versions and amendments:

1. The Schedule has been amended (noted in the Endnotes, r 3 of No. 9, 2017). Before relying on a form template, confirm you are using the current prescribed form in force at the relevant date.
2. The Interpretation Legislation Amendment Act 2018 effected formal amendments to rr 1 and 2 and the Schedule. Confirm whether those changes have practical effect for your transaction.

Practical compliance checklist summary:

• Landlord: prepare and deliver Form 1 Part A at required time; gather supporting documents; sign declaration.
• Tenant: obtain Form 1 Part A and the draft lease at least seven days before entry or obtain legal certificate; complete and return Form 1 Part B before entry.
• Assignor: deliver Form 2 and supporting documents; both assignor and assignee to sign.
• Applicants to Commissioner: use Form 3; attach lease and evidence; verify current fee status.
• Record and store all signed forms and attachments in case of dispute.

Following these steps aligns documentary practice with the Regulations’ prescriptive requirements and positions parties to rely on or defend against the consequent evidential assertions in any later proceedings.