26December 2025. It also includes any commencement, amendment, repeal or expiry affecting

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 Page contents 3 38 Key money prohibited 24 39 Maximum level of bond 25 40 Guarantees and indemnities 25 41 Bank guarantee as bond 25 42 Dealings with bonds 25 43 Deductions from bonds 26 44 Repayment of bonds 26 45 Return of guarantees 27 46 Discretionary rent review 28 47 Frequency of rent reviews 28 48 Commencement of payment for rent 28 49 Rent setting or review if lease method void 29 50 Lease to state date rent review due 29 51 Rent on renewal 30 52 Market rent—rent reviews, options and renewals 30 53 Valuation to work out market rent 32 54 Working out market rent 32 55 Rent pending valuation—rent reviews and options to extend 33 56 Extension if rent on renewal to be worked out 33 57 Appointment of new valuer if conflict of interest disclosed 33 58 Appointment of new valuer in other cases 34 59 Disclosure of concessions 35 60 Costs of valuations 35 61 Combination of base and turnover rent acceptable 36 62 Adjustments to turnover rent 36 63 Frequency of adjustments to turnover rent 36 64 Working out turnover rent 36 Page contents 4 Leases (Commercial and Retail) Act 2001 65 Outgoings—estimates and expenditure statements 38 66 Outgoings—reports 38 67 Adjustment of contributions to outgoings 40 68 Methods of accounting 41 69 Commencement of payment for outgoings 41 70 Recoverable outgoings 41 71 Recovery of outgoings 42 72 Retail areas of shopping centres—waiving auditor’s report 43 73 Employment restriction 44 74 Refurbishment of premises 44 75 Undisclosed contributions 45 76 Capital costs 45 77 Depreciation 45 78 Demolition 45 79 Alterations and refurbishments to or affecting premises 46 80 Emergency alterations 47 81 Compensation for disturbance 47 82 Compensation to reflect any concessions 48 83 Shopping centre enlargement not grounds for compensation 48 84 Damaged premises unable to be used 48 85 Damaged premises able to be used 49 86 Dispute about payment or nonpayment of rent and outgoings 50 87 Dispute about useability of damaged premises 50 88 Notice of lessor’s intentions regarding repair 50 89 Termination by lessor because of damage 51 90 Termination by tenant because of damage 52 91 Compensation for incomplete repair 52 92 Agreement to terminate 53 93 Provision of disclosure statement by tenant 54 94 Lessor to provide disclosure statement 54 Page contents 5 95 Request for consent to assignment, sublease or mortgage 55 96 Lessor may require relevant information and documents 55 97 Mortgagees and head lessors 56 98 Unreasonable refusal by mortgagee or head lessor 57 99 Lessor’s consent or refusal 57 100 Refusal to consent to assignment or sublease 58 101 Refusal to consent to mortgage of lease 60 102 Lessor may recover costs 60 103 Tenant and guarantor released from liability 60 104 Minimum 5 year lease 61 105 Terms of extended leases 63 106 Objects of div 12.2 64 107 Lessor’s intentions about renewal 64 108 Rules of conduct at end of lease term for shopping centre leases 65 109 Implementation of preferential right 66 110 Notice of absence of right of preference 67 111 Certified exclusionary clauses 68 112 Fair dealing between lessor and tenant about renewal of shopping centre lease 68 113 Other rights etc unaffected by termination 69 114 Termination by agreement 69 115 Abandonment 70 116 Tenant’s right to terminate extended lease 71 117 Right to terminate—no disclosure statement etc 71 118 Failure to notify material change in disclosure statement 71 119 Lessor may contest termination 72 120 Effect of uncontested termination notice 72 121 Effect of contested termination notice 72 Page contents 6 Leases (Commercial and Retail) Act 2001 122 Procedure for termination of lease by lessor etc 73 123 Confirmation of contested termination 74 124 Confirmation of uncontested termination 75 125 Content of termination orders 75 126 Content of warrants for eviction 76 127 Issue of warrants for eviction 77 128 Application of pt 13 78 129 Provision and use of turnover figures 78 130 Statistical information to be available to tenant 79 131 Advertising and promotion levy—new leases 79 132 Advertising and promotion levy—other leases 80 133 Amount not spent to be kept for benefit of tenants 80 134 Non-specific outgoings contribution 81 135 Consultation before redevelopment 81 136 Relocation clauses 82 137 No relocation other than for repairs, refurbishment, redevelopment or extension 83 138 Relocation for repairs, refurbishment, redevelopment or extension 83 139 Changing core trading hours 84 140 Tenants trading outside core trading hours 84 141 Geographical restrictions void 84 142 No termination for inadequate sales 85 143 Definitions for pt 14 86 144 Jurisdiction 86 145 Applications that may be made 87 146 Timing of rental applications 87 147 Action on receiving application 87 148 Resolution of dispute likely 88 149 Resolution of dispute unlikely 88 150 Hearings 89 Page contents 7 151 Procedures 89 152 Transfer to Supreme Court 89 153 Notice of orders 89 154 Costs 89 155 Appeals to Supreme Court 90 Part 15 Miscellaneous 157 References to repealed Act or code 91 157A Approved forms 91 158 Regulation-making power 91 Schedule 1 Working out market rent 92 Dictionary 95 1 About the endnotes 100 2 Abbreviation key 100 3 Legislation history 101 4 Amendment history 105 5 Earlier republications 110 An Act to regulate commercial and retail leases and tenancies, and for other purposes