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Retail Leases Act Exemption

The uncertainty about the impact of the Retail Leases Act in relation to leases granted under the Alpine Leasing Policy has been removed where the Tenant is responsible for building installation, repair or maintenance and the term is 15 years or greater.

Marsha Thompson, Minister for Small Business, made a determination exempting from the operation of the Retail Leases Act 2003, leases of retail premises having a term of 15 years or longer where the lease contains provisions that:

(a) Impose an obligation on the Tenant to carry out or to pay any substantial amount for substantial work on the premises which involves the building, installation, repair or maintenance of:-

(i) the structure or fixtures,

(ii) the plant or equipment, or

(iii) appliances, fitting or fixtures relating to the gas, electricity, water drainage or other services; orĀ 

(b) Prevent the Tenant from removing the improvements on the land (specified in (i), (ii) and (iii) above) at the end or after the end of the lease.

PDFMinisterial Determination - Premises NOT Constituting Retail Premises (101 KB)