# Document parsed from: QLD_Lease_Act-2.pdf ## Page 1 # Queensland # Retail Shop Leases Act 1994 Current as at 1 August 2025 ## Page 2 © State of Queensland 2025 This work is licensed under a Creative Commons Attribution 4.0 International License. ## Page 3 Queensland # Retail Shop Leases Act 1994 # Contents | Part | Title | Page | | ---------- | ---------------------------------------------------------------------------------------------- | ---- | | Part 1 | Preliminary | 9 | | Part 2 | Object of Act and its achievement | | | 3 | Object of Act | 9 | | 4 | How main object of Act to be achieved | 9 | | Part 3 | Interpretation | | | Division 1 | Standard definitions | | | 5 | Definitions | 10 | | Division 2 | Key concepts | | | 5A | Meaning of retail shop lease | 10 | | 5B | Meaning of retail shop | 12 | | 5C | Meaning of retail business | 12 | | 5D | Meaning of retail shopping centre | 12 | | 6 | Meaning of common areas | 13 | | 7 | Meaning of outgoings | 14 | | 9 | Meaning of turnover | 15 | | Division 3 | Notes | | | 9A | Notes in text | 16 | | Part 4 | Operation of Act and former Act | | | Division 1 | General application of Act and former Act | | | 10 | Act binds all persons | 16 | | 11 | Application of Act—when lease entered into | 17 | | 12 | Application of Act—where lease entered into | 17 | | 13 | Application of Act to leases—general | 17 | | 14 | Application of Act—if premises become or cease to be a retail shop after commencement of lease | 18 | | Division 2 | Relationship of Act to retail shop leases | | # Part 3 Interpretation # Division 1 Standard definitions # 5 Definitions The dictionary in the schedule defines particular words used in this Act. # Division 2 Key concepts # 5A Meaning of retail shop lease (1) A retail shop lease is a lease of a retail shop. (2) However, a retail shop lease does not include a lease of any of the following— - (a) a retail shop with a floor area of more than 1,000m²; - (b) a retail shop within the South Bank corporation area if the lease is entered into or granted by the South Bank Corporation and is either— - - (i) a perpetual lease; or - (ii) another lease for a term, including renewal options, of at least 100 years; (c) premises used wholly or predominantly for the carrying on of a business by a lessee for a lessor as the lessor's employee or agent; - (d) premises in a theme or amusement park; - (e) premises at a flea market, including an arts and crafts market; - (f) a temporary retail stall at— (g) premises that, if the premises were not leased, would be premises within a common area of a retail shopping centre, but only if the premises are used for 1 or more of the following— - (i) an information, entertainment, community or leisure facility; - (ii) telecommunication equipment; - (iii) an automatic teller machine; - (iv) a vending machine; - (v) an advertisement display; - (vi) storage; - (vii) parking. (3) Also, a retail shop lease does not include a lease of premises located in a retail shopping centre if— 1. (a) the premises are not used wholly or predominantly for carrying on a retail business; and 2. (b) at the time the lease is entered into, either— - (i) if the premises are located on a level of a multi-level building—the retail area of the level is 25% or less of the total lettable area of the level; or - (ii) if the premises are located in a single level building—the retail area of the building is 25% or less of the total lettable area of the building. (4) The retail area, for a level or building in a retail shopping centre, is the area of the level or building comprising premises used wholly or predominantly for carrying on retail businesses. (5) The total lettable area, for a level or building in a retail shopping centre, is the total area of all the premises of the level or building that are— - (a) leased or occupied; or - (b) available for lease or occupation. # 5B Meaning of retail shop Retail shop means premises that are— - (a) situated in a retail shopping centre; or - (b) used wholly or predominantly for the carrying on of a retail business. # 5C Meaning of retail business Retail business means a business prescribed by regulation as a retail business. # 5D Meaning of retail shopping centre A retail shopping centre is a cluster of premises having all of the following attributes— - (a) 5 or more of the premises are used wholly or predominantly for carrying on retail businesses; - (b) all the premises— (iii) comprise lots within a single community titles scheme under the Body Corporate and Community Management Act 1997; (c) all the premises are located in— - (i) 1 building; or - (ii) 2 or more buildings if— (d) the cluster of premises is promoted, or generally regarded, as constituting a shopping centre, shopping mall, shopping court or shopping arcade. # 6 Meaning of common areas (1) Common areas of a retail shopping centre are areas in or adjacent to the centre that are used, or intended for use— - (a) by the public; or - (b) in common by the lessees of premises in the centre in relation to the conduct of businesses in premises in the centre. (2) Common areas include— - (a) stairways, escalators and elevators; and - (b) malls and walkways; and - (c) parking areas; and - (d) toilets and rest rooms; and - (e) gardens and fountains; and - (f) information, entertainment, community and leisure facilities. (3) However, common areas do not include leased areas. # 7 Meaning of outgoings (1) A lessor's outgoings for a retail shopping centre or leased building are— - (a) the lessor's reasonable expenses directly attributable to the operation, maintenance or repair of the centre or building and areas (associated areas) used in association with the centre or building; and - (b) charges, levies, premiums, rates or taxes payable by the lessor because the lessor is the owner or occupier of— - - (i) the centre or building; or - (ii) the land on which the centre or building is situated; and (c) an amount mentioned in section 24A(2). (2) An outgoing mentioned in subsection (1) may be either an apportionable outgoing or a specific outgoing and the sum of the apportionable outgoings and specific outgoings is the lessor's outgoings. (3) However, lessor's outgoings do not include— - (a) land tax payable on the land on which the centre or building is situated; and - (b) expenditure of a capital nature, including the amortisation of capital costs; and - (c) contributions to a depreciation or sinking fund; and - (d) insurance premiums for loss of profits; and - (e) payment of an excess in relation to a claim on the lessor's insurance policy for the centre or building or associated areas; and - (f) lessor's contributions to merchants' associations and centre promotion funds; and - (g) payment of interest and charges on amounts borrowed by the lessor. # 9 Meaning of turnover (1) Turnover of a business carried on in a leased shop is the gross sales of the business for any particular period. (2) However, turnover of a business carried on in a leased shop does not include the following amounts—