Geographical restrictions

ACT

See section 141. The lease must not contain any provisions preventing or restricting the tenant from carrying on business outside the shopping centre either during or after the term of the lease.

NSW

See sections 37 and 59.

Section 37. Subject to exceptions, a retail shop lease must not contain a provision that limits the tenant's right to employ a person of its own choosing.

Section 59. The lease must not contain a provision restricting the tenant from carrying on business outside the RSC either during or after the expiry of the lease.

NT

See section 74 - similar to NSW.

A provision in a retail shop lease is void to the extent that it has the effect of preventing or restricting the tenant from carrying on business outside the retail shopping centre, either during the term of or after the expiry of the lease.

This section does not operate to prevent a lease or other agreement from containing a provision that prevents the use of the name of the retail shopping centre in connection with a business carried on outside the shopping centre.

QLD

No mention in the Act.

General law restraint of trade applies.

SA

See section 59. The lease must not contain a provision restricting the tenant from carrying on business outside the RSC either during or after the expiry of the lease.

TAS

No mention in the Code.

VIC

See section 74. Similar to NSW.

WA

No mention in the Act and no prohibition. General law restraint of trade applies and reasonable restraint permitted.

Definitions and currency

Currency of information by jurisdiction Definitions

ACT information current as at 1 January 2024

NSW information current as at 1 January 2024

NT information current as at 1 January 2024

QLD information current as at 1 January 2024

SA information current as at 1 January 2024

Tas information current as at 1 January 2024

Vic information current as at 1 January 2024

WA information current as at 1 January 2024

"CMR" means current market rent.

"CMV" means current market value.

"DS" means disclosure statement.

"NCAT" means the NSW Civil and Administrative Tribunal.

"QCAT" means Queensland Civil and Administrative Tribunal.

"RSC" means retail shopping centre.

"RTC" means retail tenancy claim.

"RTD" means retail tenancy dispute.

"SAT" means State Administrative Tribunal.

"SBC" means Small Business Commissioner.

"SRV" means specialist retail valuer.

"VCAT" means Victorian Civil and Administrative Tribunal.

"WA SAT" means the State Administrative Tribunal of Western Australia.