Client Update: Queensland retail shop leases legislation up for comment
28 November 2011
In brief: Public comment is being invited on the legislation governing Queensland retail shop leases, as part of a regular review to determine its suitability for the state's retail leasing environment. Partner Paul Newman (view CV) and Senior Associate Jaelle Berkovits report.
Background
The review of the Retail Shop Leases Act 1994 (Qld) (the Act), including the Retail Shop Leases Regulation 2006 (Qld) (the Regulation), is being carried out by the Department of Justice and Attorney-General according to section 122 of the Act, which requires the Attorney-General, once during each seven-year period, to review the Act to decide whether its provisions remain appropriate. The Act regulates the state's retail shop leases, including mandatory minimum standards for them, as well as a low-cost dispute resolution process for retail tenancy disputes. The previous review of the Act was completed in June 2005.
Discussion Paper
The Department of Justice and Attorney-General has released a Discussion Paper, to assist retail landlords, tenants and other stakeholders in preparing submissions in relation to the review. A copy of the Discussion Paper is available at http://www.justice.qld.gov.au/corporate/community-consultation/community-consultation-activities/current-activities/review-of-retail-shop-leases-act-1994.
The Discussion Paper looks at, and seeks comments and submissions in relation to, a broad range of provisions of the Act. It also seeks suggestions for simplification and harmonisation of the Act and Regulation, and invites comments in relation to other issues regarding retail shop leasing in Queensland that stakeholders consider should be addressed through legislation.
Next steps
Comments and submissions must be made, in writing, to the Department of Justice and Attorney-General by 30 January 2012.
If you would like more information, or would like assistance with a submission, please contact any of the people below.
For further information, please contact:
- Paul NewmanPartner,
Brisbane
Ph: +61 7 3334 3514
Paul.Newman@allens.com.au - Tony DaviesPartner,
Brisbane
Ph: +61 7 3334 3250
Tony.Davies@allens.com.au - John BeckinsalePartner,
Brisbane
Ph: +61 7 3334 3520
John.Beckinsale@allens.com.au - Mark StubbingsPartner,
Sydney
Ph: +61 2 9230 4257
Mark.Stubbings@allens.com.au - Victoria HolthousePartner,
Sydney
Ph: +61 2 9230 4303
Victoria.Holthouse@allens.com.au - Nicholas CowiePartner,
Sydney
Ph: +61 2 9230 4025
Nicholas.Cowie@allens.com.au - Michael GravesPartner,
Melbourne
Ph: +61 3 9613 8814
Michael.Graves@allens.com.au - David McLeishPartner,
Melbourne
Ph: +61 3 9613 8954
David.McLeish@allens.com.au - Chris SchulzPartner,
Melbourne
Ph: +61 3 9613 8772
Chris.Schulz@allens.com.au