Retail Shop Leases Amendment Regulation (No. 1) 2000 (Qld)

Queensland Subordinate Legislation 2000 No. 172 Retail Shop Leases Act 1994 RETAIL SHOP LEASES AMENDMENT REGULATION (No. 1) 2000 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Amendment of s 2 (Businesses prescribed as retail businesses) . . . . . . . . . 2 5 Amendment of s 3 (Prescribed particulars of disclosure statement—Act, s 22) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6 Amendment of s 4 (Fee for dispute notice) . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7 Insertion of new ss 4–8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Prospective lessee’s disclosure statement—Act, s 22A . . . . . . . . . . 4 5 Assignor’s disclosure statement—Act, s 22B(1) . . . . . . . . . . . . . . . . 5 6 Prospective assignee’s disclosure statement—Act, ss 22B(2) and 22C(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 7 Financial advice certificate—Act, s 22D . . . . . . . . . . . . . . . . . . . . . 7 8 Legal advice certificate—Act, s 22D . . . . . . . . . . . . . . . . . . . . . . . . 8 8 Replacement of schedule (Goods or services for businesses prescribed as retail businesses) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 SCHEDULE GOODS OR SERVICES

s1 2 s5 Retail Shop Leases Amendment (No. 1) No. 172, 2000 ˙ Short title 1. This regulation may be cited as the Retail Shop Leases Amendment Regulation (No. 1) 2000 . ˙ Commencement 2. This regulation commences on 1 July 2000. ˙ Regulation amended 3. This regulation amends the Retail Shop Leases Regulation 1994 . ˙ Amendment of s 2 (Businesses prescribed as retail businesses) 4. Section 2— insert— ‘ (2) The wholesale sale of goods is not a retail business.’. ˙ Amendment of s 3 (Prescribed particulars of disclosure statement—Act, s 22) 5.(1) Section 3, heading— omit, insert— ‘ Lessor’s disclosure statement—Act, ss 22 and 22C(1) ’. (2) Section 3, words before paragraph (a)— omit, insert— ‘ 3. The following are the particulars for a disclosure statement given by a lessor under sections 22 and 22C(1) of the Act—’. (3) Section 3(t)— omit, insert— ‘(t) if the leased shop is, or is to be, situated in a retail shopping centre— (i) the name and address of the centre; and

s5 3 s5 Retail Shop Leases Amendment (No. 1) No. 172, 2000 (ii) the total number of shops in the centre when the disclosure statement is given; and (iii) the leased shop’s area or estimated area; and (iv) the centre’s lettable area or estimated lettable area; and (v) the number of parking bays available for customers of the shop; and (vi) the number of parking bays available for the lessee or the lessee’s employees; and (vii) details of facilities provided by the lessor; and (viii)details of the lessee’s entitlement to use part of the centre’s common areas for trading; and (ix) details of the types of businesses carried on by the centre’s tenants when the disclosure statement is given; and (x) whether the types of businesses carried on by the centre’s tenants is to change during the term of the lease and details of any proposed changes; and (xi) if there is a tenants’ association for the centre—information about the association including contributions payable by members and members’ voting rights; and (xii) details of any intended changes to the centre approved by the local government for the area in which the centre is situated; (u) details of any intended conduct by the lessor that may affect the lessee’s or assignee’s business during the term of the lease or assignment; (v) whether, under section 22A of the Act, the lessor requires the prospective lessee to give the lessor a disclosure statement; (w) if, under section 22C(1) of the Act, the lessor is giving the statement to a prospective assignee— (i) details of any unresolved retail tenancy dispute that may affect the assignee; and (ii) whether, under section 22C(2) of the Act, the lessor requires the prospective assignee to give the lessor a disclosure statement.’.

s6 4 s7 Retail Shop Leases Amendment (No. 1) No. 172, 2000 ˙ Amendment of s 4 (Fee for dispute notice) 6. Section 4— renumber as section 9. ˙ Insertion of new ss 4–8 7. After section 3— insert— ˙ ‘ Prospective lessee’s disclosure statement—Act, s 22A ‘ 4. The following are the particulars for a disclosure statement given by a prospective lessee under section 22A of the Act— (a) the names of the lessor and prospective lessee; (b) the prospective lessee’s address; (c) if the prospective lessee is a corporation—sufficient information to identify the corporation; (d) the number of retail business premises leased by the prospective lessee when the disclosure statement is given; (e) details of anything known to the prospective lessee that may affect the prospective lessee’s ability to meet the financial and other obligations of the lease; (f) details of statements or representations made by the lessor or the lessor’s agent during lease negotiations and being relied on by the prospective lessee; (g) a declaration that no other promises, representations, warranties or undertakings have been made by the lessor or lessor’s agent to the prospective lessee about the premises or the business to be carried on in the premises; (h) confirmation that, under section 22 of the Act, the lessor has given the prospective lessee a draft of the lease and a disclosure statement.

s7 5 s7 Retail Shop Leases Amendment (No. 1) No. 172, 2000 ˙ ‘ Assignor’s disclosure statement—Act, s 22B(1) ‘ 5. The following are the particulars for a disclosure statement given by an assignor under section 22B(1) of the Act— (a) the names of the assignor and prospective assignee; (b) the address and description of the leased shop; (c) the area of the leased shop; (d) the date the lease ends; (e) details of any options to renew the lease and the next date for exercising an option; (f) details of rent, outgoings, promotion amounts and other charges payable to the lessor under the lease; (g) the basis for a rent review under the lease and the date for the next review; (h) if assignment of the lease involves the continuation by the prospective assignee of the business carried on by the assignor—details of the sales figures and trading performance of the business for the last 5 years or, if the assignor has carried on the business for a period of less than 5 years, for the period; (i) details of any outstanding notices from the lessor under the lease; (j) details of any outstanding notices from any government body or authority in relation to the retail shop; (k) details of any encumbrance on the lease; (l) details of any encumbrance on any of the fixtures or fittings in the shop; (m) details of the ownership of any fixtures or fittings in the shop not owned by the assignor; (n) details of any rent concessions or other benefits applicable to the balance of the term of the lease; (o) whether the lease contains a provision releasing the assignor from liability under the lease on assignment of the lease; (p) a declaration that the assignor has given the assignee a copy of the disclosure statement given by the lessor to the assignor before the

s7 6 s7 Retail Shop Leases Amendment (No. 1) No. 172, 2000 assignor entered the lease, with details of any changes in the information contained in the statement that have happened since the statement was given; (q) whether, under section 22B(2) of the Act, the assignor requires the prospective assignee to give the assignor a disclosure statement. ˙ ‘ Prospective assignee’s disclosure statement—Act, ss 22B(2) and 22C(2) ‘ 6. The following are the particulars for a disclosure statement given by a prospective assignee under sections 22B(2) or 22C(2) of the Act— (a) the names of the assignor and prospective assignee; (b) the prospective assignee’s address; (c) if the prospective assignee is a corporation—sufficient information to identify the corporation; (d) the number of retail business premises leased by the prospective assignee when the disclosure statement is given; (e) details of anything known to the prospective assignee that may affect the prospective assignee’s ability to meet the financial and other obligations of the lease; (f) details of statements or representations made by the assignor during lease negotiations and being relied on by the prospective assignee; (g) a declaration that no other promises, representations, warranties or undertakings have been made by the assignor to the prospective assignee about the premises or the business to be carried on in the premises; (h) confirmation that, under section 22B(1) of the Act, the assignor has given the prospective assignee a disclosure statement; (i) if, under section 22C(2) of the Act, the prospective assignee is giving the statement to the lessor— (i) the name of the lessor; and (ii) details of statements or representations made by the lessor or

s7 7 s7 Retail Shop Leases Amendment (No. 1) No. 172, 2000 the lessor’s agent during lease negotiations and being relied on by the prospective assignee; and (iii) a declaration that no other promises, representations, warranties or undertakings have been made by the lessor or lessor’s agent to the prospective assignee about the premises or the business to be carried on in the premises; and (iv) confirmation that, under section 22C(1) of the Act, the lessor has given the prospective assignee a disclosure statement and a copy of the lease. ˙ ‘ Financial advice certificate—Act, s 22D ‘ 7. The following are the particulars for a financial advice certificate given by a prospective lessee or prospective assignee under sections 22D of the Act— (a) the name of the person signing the certificate (the “accountant” ); (b) the name of the prospective lessee or prospective assignee; (c) the name of the lessor; (d) the address of the retail shop; (e) a statement that the accountant has given advice about the prospective lessee or prospective assignee’s financial rights and obligations under the lease including— (i) the rent, outgoings and other payments; and (ii) the potential financial impact of the rent review; and (iii) the fact that the operation of the business is restricted by the term of the lease; (f) a statement that the accountant has advised the prospective lessee or prospective assignee to obtain further professional advice including advice about the following— (i) the volume of sales required to meet all costs of carrying on the business including capital costs, loan repayments and salary for the business operator; (ii) appropriate accounting and financial reporting systems;

s7 8 s7 Retail Shop Leases Amendment (No. 1) No. 172, 2000 (iii) cash flow forecasting; (iv) sales budget forecasting; (v) taxation requirements; (g) a declaration by the accountant about any relationship, whether professional or personal, that the accountant has with the lessor; (h) a statement by the prospective lessee or prospective assignee about receiving and understanding the advice mentioned in the certificate. ˙ ‘ Legal advice certificate—Act, s 22D ‘ 8. The following are the particulars for a legal advice certificate given by a prospective lessee or prospective assignee under sections 22D of the Act— (a) the name of the barrister or solicitor signing the certificate; (b) the name of the prospective lessee or prospective assignee; (c) the name of the lessor; (d) the address of the retail shop; (e) a statement that the barrister or solicitor has given advice about the following matters in relation to the lease— (i) the rent, outgoings and other payments and how they are calculated; (ii) the rent review; (iii) the liability to contribute to outgoings; (iv) the term of the lease; (v) any special or unusual terms or conditions of the lease; (vi) whether a repayable bond or guarantee is required under the lease; (vii) whether the lease contains an option to renew; (viii)if the lease does not contain an option to renew—any rights the lessee or assignee may have to extend the lease;

s7 9 s7 Retail Shop Leases Amendment (No. 1) No. 172, 2000 (ix) the obligations on all parties at the end of the lease; (x) any terms or conditions of the lease that allow the proposed lessee or proposed assignee’s business to be relocated to other premises; (xi) uses permitted for the retail shop premises under the lease; (xii) the consequences of a breach of a term or condition of the lease; (f) a statement that the barrister or solicitor has advised the prospective lessee or prospective assignee to obtain further professional advice including advice about the following— (i) town planning matters, including the licences or permits required to carry on the business intended in the retail shop; (ii) building laws, including the appropriate classification under the Building Act 1975 to carry on the business intended in the retail shop; (iii) the statutory approvals required to carry on a retail business of the type intended; (iv) financial advice about the operation of the retail business intended to be carried on; (g) a statement that the barrister or solicitor is not providing advice about, or making comment on, the following— (i) the financial viability of the business intended to be carried on; (ii) the ability of the prospective lessee or prospective assignee to meet the financial commitments under the lease; (iii) accounting requirements or taxation implications of entering the lease; (h) a declaration by the barrister or solicitor about any relationship, whether professional or personal, that the barrister or solicitor has with the lessor; (i) a statement by the prospective lessee or prospective assignee about receiving and understanding the advice mentioned in the certificate.’.

s 8 10 s 8 Retail Shop Leases Amendment (No. 1) No. 172, 2000 ˙ Replacement of schedule (Goods or services for businesses prescribed as retail businesses) 8. Schedule— omit, insert— ‘ SCHEDULE ‘ GOODS OR SERVICES section 2 Antique and used goods retailing Antiques Coins Disposals stores Pawnbroking Second hand books Second hand clothes Second hand furniture Second hand goods Second hand jewellery Stamp dealing Bread and cake retailing Bakeries selling directly to consumers Biscuits Bread Cakes Cheesecakes

s 8 11 s 8 Retail Shop Leases Amendment (No. 1) No. 172, 2000 Pastries Pies Quiches Clothing retailing Bridal wear sale or hire Clothing Clothing accessories Clothing alterations and repairs Clothing hire Costume wear sale or hire Embroidery Equestrian wear Formal wear sale or hire Fur clothing Gloves Handbags Hosiery Leather clothing Lingerie Millinery Screen-printing Sunglasses Work clothing Dine in retailing Café Carveries

s 8 12 s 8 Retail Shop Leases Amendment (No. 1) No. 172, 2000 Coffee lounges Fast food Restaurants Snack bars Domestic appliance retailing Air conditioners Barbecue equipment Computers Electronic appliance hire Electronic equipment or supplies Fans Floor polishers Gas heating appliances Heating equipment Hot water systems Household appliances Kerosene heaters Mobile phones Oil heaters Pocket calculators, electronic Radio receiving sets Refrigerators Shavers, electric Sound reproducing equipment Stoves Television antennae Television sets

s 8 13 s 8 Retail Shop Leases Amendment (No. 1) No. 172, 2000 Vacuum cleaners Washing machines Domestic hardware and household goods retailing Brushware Chinaware Cooking utensils Crockery Cutlery Dinnerware Enamelware Fixtures and fittings Garden tools Glassware Hardware, domestic Household goods Kitchenware Lawn mowers Lighting products Paint Picnicware Plastic containers Plumbing Silverware Tools Wall decorations Wallpaper

s 8 14 s 8 Retail Shop Leases Amendment (No. 1) No. 172, 2000 Fabrics and other soft goods retailing Beads Blankets Curtains Drapery Dressmaking supplies Fabrics, textiles Haberdashery Household textiles Interior decorations Linen, household Piece-goods Soft furnishings Yarns Floor covering retailing Carpets Floor coverings Floor rugs Floor tiles Parquetry Flower retailing Cut flowers Display foliage Dried flowers Floral accessories Florist

s 8 15 s 8 Retail Shop Leases Amendment (No. 1) No. 172, 2000 Hydroponics Plant pots Footwear and footwear repair retailing Footwear Footwear repair Fresh meat, fish and poultry retailing Butchers Delicatessens Meat retailing Poultry, fresh Seafood, fresh Fruit and vegetable retailing Fruit, fresh Greengroceries Vegetables, fresh Furniture retailing Antique reproduction furniture Awnings Bedding Blinds Furniture, household Furniture, office Mattresses

s 8 16 s 8 Retail Shop Leases Amendment (No. 1) No. 172, 2000 Household appliance installation and repair services (electrical) Household appliance installations Household appliance repairs Liquor retailing, for off-premises consumption Alcoholic beverages Beer-making and soft drink-making supplies Miscellaneous retailing Adult merchandise Amusement parlours Aquariums Art Bar accessories Batteries, other than motor vehicle batteries Boat chandlery Briefcases Children’s amusements Condoms Craft Crystals Department stores Dry cleaning and laundry Duty free Engraving Fairy Flags Glamour photography or makeover studios

s 8 17 s 8 Retail Shop Leases Amendment (No. 1) No. 172, 2000 Irrigation and pumps Key cutting or duplicating Leather goods Motor vehicle accessories, other than tyre shops Office equipment Party supplies Pets and pet supplies Prams Service stations 1 Small job printers Souvenirs Swimming pool and spa accessories Tobacco, cigarettes and accessories Travel agencies and booking Travel goods Trophies Umbrellas Music and video hire and retailing Audio cassettes Compact discs Digital video discs Music equipment Musical instruments Phonograph records Video cassettes 1 See section 17 of the Act (Application of Act to leases of service stations).

s 8 18 s 8 Retail Shop Leases Amendment (No. 1) No. 172, 2000 Newspaper, book, stationery, arts and crafts retailing Artists’ supplies Books Casket and gaming tickets Gifts Gift wrapping Greeting cards Magazines Newsagencies Novelties Periodicals Picture framing Postcards Prints and posters Religious goods Rubber stamps Stationery Writing materials Pharmaceutical, cosmetic and toiletry retailing Barbers Beauty products Beauty salons Body piercing Cosmetics Hairdressing Hearing aids Optical goods

s 8 19 s 8 Retail Shop Leases Amendment (No. 1) No. 172, 2000 Perfumes Pharmacies Tattoos Toiletries Wigs Photographic equipment retailing Cameras Fast photo processing Photographic equipment Photographic film or paper Projectors Video cameras Specialised food retailing Confectionery Fruit juices Health and vitamin products Non-alcoholic drinks Nuts Smallgoods Specialised foods Sport and camping equipment retailing Ammunition Bait and fishing tackle Bicycles Camping equipment

s 8 20 s 8 Retail Shop Leases Amendment (No. 1) No. 172, 2000 Firearms Martial arts equipment Snow skis Sporting equipment Surf boards and accessories Supermarket and grocery stores Convenience or mixed businesses Groceries Grocery supermarkets Takeaway food (ready for immediate consumption) retailing Chicken, cooked Cut lunches Fish and chips Hamburgers Ice cream Milk drinks Pizza Soft drinks Take away foods Toy and game retailing Dolls Games Hobby equipment Hobby supplies

s 8 21 s 8 Retail Shop Leases Amendment (No. 1) No. 172, 2000 Toy and game repairs Toys Watch and jewellery retailing Clocks Jewellery Precious stones Watches’. ENDNOTES 1. Made by the Governor in Council on 29 June 2000. 2. Notified in the gazette on 30 June 2000. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of State Development. © State of Queensland 2000