Retail Leases Amendment Act 2005 (NSW)

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An Act to amend the Retail Leases Act 1994 in relation to the rights and obligations of lessees and lessors under retail shop leases, the procedures for entering into retail shop leases, the deposit of retail lease security bonds with a government security deposit facility, and the jurisdiction of the Administrative Decisions Tribunal in connection with retail shop leases; to make a consequential amendment to the Fines Act 1996; and for other purposes.

1Name of Act

This Act is the Retail Leases Amendment Act 2005.

2Commencement

This Act commences on a day or days to be appointed by proclamation.

3Amendment of Retail Leases Act 1994 No 46

The Retail Leases Act 1994 is amended as set out in Schedule 1.

4Amendment of Fines Act 1996 No 99

The Fines Act 1996 is amended as set out in Schedule 2.

Schedule 1Amendment of Retail Leases Act 1994

(Section 3)

[1]Part 1, note before section 1

Omit “section 6”. Insert instead “sections 6, 6A and 84B”.

[2]Section 3 Definitions

Insert in alphabetical order:

authorised deposit-taking institution means an authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth.

business day means any day except Saturday or Sunday or a day that is a public or bank holiday throughout the State.

Director-General means the Director-General of the Department of State and Regional Development.

lettable area of a retail shop does not include:

  • (a)

    car parking spaces, or

  • (b)

    storage areas not attached to the retail shop premises where the business of the shop is or is to be carried on.

listed business means a business prescribed for the purposes of paragraph (a) of the definition of retail shop (including a business for the time being specified in Schedule 1).

retail specialty shop means a retail shop referred to in paragraph (a) of the definition of retail shop, other than a department store, a supermarket or premises of a kind prescribed as excluded from this definition by the regulations.

strata levies means contributions levied under the Strata Schemes Management Act 1996 or any other Act relating to strata schemes.

Tribunal means the Administrative Decisions Tribunal of New South Wales established by the Administrative Decisions Tribunal Act 1997.

[3]Section 3, definition of “outgoings”

Insert “and reasonably” after “directly” in paragraph (a).

[4]Section 3, definition of “retail shop”

Omit the definition. Insert instead:

retail shop means premises that:

  • (a)

    are used, or proposed to be used, wholly or predominantly for the carrying on of one or more of the businesses prescribed for the purposes of this paragraph (whether or not in a retail shopping centre), or

  • (b)

    are used, or proposed to be used, for the carrying on of any business (whether or not a business prescribed for the purposes of paragraph (a)) in a retail shopping centre.

Note 1—

Section 5 limits the retail shops to which this Act applies.

Note 2—

Clause 17 of Schedule 3 provides that…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.