Leases (Commercial and Retail) Act 2001
26December 2025. It also includes any commencement, amendment, repeal or expiry affecting
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26 December 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 26 December 2025. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication includes amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
contents 1 Page 1 Name of Act 2 3 Notes 2 4 Dictionary 3 5 When is a lease entered into to work out timing for obligations under this Act? 3 6 When is a lease taken to be renewed for this Act? 4 7 When are premises commercial or retail premises? 4 8 What are shopping centres? 5 9 What is a change of use lease? 6 10 What is a continuous occupation lease? 6
Page contents 2 Leases (Commercial and Retail) Act 2001 11 What is an excluded area? 6 12 What leases does this Act apply to? 7 13 How to work out the lettable area of premises 9 14 Application to change of use leases 10 15 Is assignment the same as entering into lease for working out application of Act? 10 16 Application of Act to pre-existing leases on registration of units plans 10 17 Disputes 11 18 Disputes about leases no longer in force 14 Part 4 Relationship between Act and leases 19 Void provisions 15 20 Included provisions 15 21 Recovery of GST 16 22 Prohibited conduct in dealings 17 23 Lease costs 19 24 Notice of acceptance of lease offer 19 25 Provision of copy of lease to tenant 19 26 Independent legal advice 20 27 Tenant not required to pay fees 20 28 Copy of proposed lease to be provided 21 29 Notice—short minimum term 21 30 Disclosure statements 21 31 Form of disclosure statements 22 32 Return of disclosure statement 22 33 Disclosure statement and acknowledgment not lease or offer 23 34 Notice of material changes 23 35 Notice about handbook 23 36 False or misleading representations 23 37 Compensation for negotiation misrepresentations 24