-
Work of committees
- Upcoming Committee Business
- About Committees
- Training Seminar - Committees@Work
- Committees (13)
- Committees Glossary
- Estimates Hearings
-
Inquiries
- Live and Archived Broadcasts
- Publications
- Guidelines (4)
- Subscribe
- Former Committees (57)
- 30 Year Release
- Past Alert Digest and Legislation Alert Indexes
- Ten Year Anniversary
Retail Shop Leases Amendment Bill 2014 (Lapsed)
False
Public Hearing
Date to be advised.
Lapse of Bill
On 6 January 2015, the Parliament was dissolved by Proclamation issued by the Acting Governor.
The Bill automatically lapsed on dissolution of the Parliament and the Inquiry ceased.
A new Bill may be introduced in the next Parliament. If this occurs, the Committee authorised any successor committee to have access to its documents and evidence received, including correspondence and submissions received by the Committee prior to the Inquiry lapsing.
Objective and Reasons for the Bill
The Bill gives effect to outcomes from the statutory review of the Retail Shop Leases Act 1994 (the Act).
The Act provides a framework for addressing imbalance in negotiating power and access to information between major shopping centre landlords and small retail tenants through mandatory minimum standards for retail shop leases and a low cost dispute resolution process for retail tenancy disputes.
Key objectives of the review were to identify opportunities to: improve the Act’s efficiency and effectiveness; reduce red tape and compliance costs for retail lessees and lessors; continue to address imbalance in access to information and negotiating power, without unduly interfering with commercial arrangements or outcomes; and align with key eastern seaboard States, where appropriate, to enhance operational efficiency and legal certainty for stakeholders operating across jurisdictions.
The Bill provides for the amendments to the Act resulting from statutory review.
Other Information
The Retail Shop Leases Amendment Bill 2014 and Explanatory Notes are available from the Office of the Queensland Parliamentary Counsel at www.legislation.qld.gov.au
The Hansard transcript of the explanatory speech can be accessed here.
Achievement of Policy Objectives
The Bill provides for a range of amendments:
-
excluding certain leases from the operation of the Act where its application cannot be justified;
-
clarifying the application of the disclosure provisions in Part 5 of the Act for key lease categories;
-
enhancing protection for lessees, including prospective purchasers of retail businesses and the unconditional release from liability for assignors and their guarantors on assignments of lease;
-
providing for exclusions for lessor’s liability for compensation to the lessee for business distribution in certain circumstances;
-
providing for liability as to certain legal costs related to a retail shop lease; and
-
simplifying procedural requirements and clarifying the operation of various provisions.
Referral
On 25 November 2014 the Attorney-General and Minister for Justice, Hon Jarrod Bleijie MP, introduced the Retail Shop Leases Amendment Bill 2014 into the Queensland Parliament. In accordance with Standing Order 131 of the Standing Rules and Orders of the Legislative Assembly, the Bill was referred to the Legal Affairs and Community Safety Committee for detailed consideration.
By motion of the House, the Committee is required to report to the Parliament by 2 February 2015.
Call for Submissions
The Committee is seeking written submissions from all Queenslanders on the legislative proposal.
Submissions may be made either by email to lacsc@parliament.qld.gov.au or post to:
The Research Director
Legal Affairs and Community Safety Committee
Parliament House
George Street
BRISBANE QLD 4000
Submissions close on Friday, 2 January 2015.
Guidelines on how to make a submission are available here.
Related Publications
| Publication Details | Type | Published Date | Tabled Date | Committee Name |
|---|