Version No. 002
Retail Leases Regulations 2013
S.R. No. 41/2013
Version incorporating amendments as at
1 December 2022
TABLE OF PROVISIONS
Regulation Page
1Objectives
2Authorising provision
3Commencement
4Revocation
5Definitions
6Excluded retail premises
7Occupancy costs
8Disclosure statements
9Determination and apportionment of outgoings
10Maximum outgoing
11Prescribed outgoings
12Statement of outgoings
Schedules
Schedule 1—Landlord's disclosure statement—retail premises not located in retail shopping centres
Schedule 2—Landlord's disclosure statement—retail premises located in retail shopping centres
Schedule 3—Landlord's disclosure statement on renewal of lease
Schedule 4—Disclosure statement—assigned lease where ongoing business
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 002
Retail Leases Regulations 2013
S.R. No. 41/2013
Version incorporating amendments as at
1 December 2022
1Objectives
The main objectives of these Regulations are—
(a)to make provision with respect to the amount of occupancy costs for the purpose of excluding certain retail premises; and
(b)to make provision with respect to the amount of outgoings payable by a tenant; and
(c)to prescribe forms of disclosure statement; and
(d)to prescribe other matters required by the Retail Leases Act 2003 to be prescribed.
2Authorising provision
These Regulations are made under section 99 of the Retail Leases Act 2003.
3Commencement
These Regulations come into operation on 22 April 2013.
4Revocation
The following regulations are revoked—
(a)the Retail Leases Regulations 2003[1];
(b)the Retail Leases Amendment Regulations 2010[2].
5Definitions
In these Regulations—
fire services property levy has the same meaning as levy has in section 3 of the Fire Services Property Levy Act 2012;
relevant fraction means the fraction calculated using this formula—
where—
A is the lettable area of the retail premises; and
B is the total of lettable areas of all the premises which receive the benefit of the outgoing;
the Act means the Retail Leases Act 2003.
6Excluded retail premises
For the purposes of section 4(2)(a) of the Act, the prescribed amount is $1 000 000 per annum exclusive of GST.
7Occupancy costs
For the purposes of section 4(3)(c) of the Act, advertising and promotional services, including marketing fund contributions, is prescribed as an other kind of cost.
8Disclosure statements
(1)For the purposes of sections 17(1)(a) and 61(5) of the Act, the form of landlord's disclosure statement is in—
(a)if the retail premises are not located in a retail shopping centre, Schedule 1;
(b)if the retail premises are located in a retail shopping centre, Schedule 2.
(2)For the purposes of section 26(1) of the Act, the form of landlord's disclosure statement on renewal of lease is in Schedule 3.
(3)For the purposes of section 61(5A) of the Act, the form of tenant's disclosure statement is in Schedule 4.
(4)Despite subregulations (1), (2) and (3), for the purposes of sections 17(1)(a), 26(1), 61(5) and 61(5A) of the Act, a person may use the form of disclosure statement set out in the Schedule to the Retail Leases Regulations 2003 (as in force immediately before 22 April 2013) until 22 July 2013.
9Determination and…