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This information bought to you by business entry point in partnership with Federal,
State and Territory Governments.
Business Entry Point
Retail Leasing
States and territory governments are responsible for commercial and retail tenancies,
each having its own retail tenancy legislation or regulations. The federal government
provides additional protection against unfair trading under the Trade Practices Act
1974 and Corporations Law. This page provides links to information about retail and
commercial tenancy legislation for small business.
Federal Government
Are you Happy with your Retail Tenancy Lease?
Has your landlord imposed some harsh and unnecessary conditions on your lease? If
so keep in mind the Trade Practices Act 1974 which applies to virtually all
businesses in Australia, including the commercial activities of the Government. This
Australian Competition and Consumer Commission (ACCC) publication assists in
determining what is unconscionable conduct in relation to the Act.
Retail Tenancy Guide – Look Before you Lease
This guide aims to assist small business understand the key issues involved in retail
leases. It is a resource for small business which has been specifically designed to
inform small business of each state and territory's retail legislation and tenant's rights
and obligations under that legislation. It also provides a checklist of important
questions to consider before signing a lease, information on where to get help and an
overview of dispute resolution processes.
Successful Dispute Resolution
This kit aims to help small business resolve their disputes as quickly and as cheaply
as possible, and to implement good business practice with respect to disputes that
may arise. The kit is designed to encourage and help small business to use
Alternative Dispute Resolution (ADR) as a viable alternative to litigation.
State and Territory Governments
South Australia
Assignments for Leisure under the Retail and Commercial Leases Act 1995
From February 2002 changes to the Retail and Commercial Leases Act 1995 impose
a maximum period of two years on the continuing liability of a lessee who assigns a
lease, if the disclosure required by the Act is given. In some cases this period may be
shorter.
Copies of the legislation may be obtained from Service SA on 13 23 24. For advice
on the legislation and how to access the independent mediation service phone the
Office of Consumer and Business Affairs on 08 8204 9533.
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