Marketing plan

ACT

See "Advertising or promotion".

NSW

See sections 53-55A. Requires a landlord to at least 1 month before the start of each accounting period make available to the tenant a marketing plan.

The landlord must make available a written expenditure statement, and an advertising statement on advertising and promotion expenditure available at least twice in each of the landlord's accounting periods.

Within 3 months after the end of the accounting period the landlord must give the tenant an advertising statement accompanied by an auditor's report on advertising and promotion expenditure.

A tenant may withhold payment of contributions in respect of advertising or promotion costs of the landlord in circumstances where the landlord has failed, for 10 business days after request from the tenant, to make available a marketing plan, details of proposed expenditure on an opening promotion, a written statement of expenditure or an advertising statement.

NT

See sections 69-70 - similar to NSW, however the NT does not permit the tenant to withhold payment and the expenditure statement must be made available within 1 month after the end of the 6 month period to which it relates.

QLD

See section 40A.

The landlord must, at least 1 month before the start of each accounting period, make the marketing plan available to the tenant (including details of the proposed spending on promotion and advertising during that accounting period).

SA

See sections 54-55. Similar to NSW except the marketing plan must be provided at least 2 months before the start of each accounting period.

TAS

See section 34. See above and similar to NSW.

No mention in Code of any right of the tenant to withhold payment.

VIC

See section 70. At least 1 month before the start of each accounting period of the landlord, the landlord must provide the tenant with a marketing plan that gives details of the landlord's proposed expenditure.

WA

See section 12B in "Advertising or promotion".

No requirement in WA for the preparation of a marketing plan and provision to tenants.

Definitions and currency

Currency of information by jurisdiction Definitions

ACT information current as at 1 January 2023

NSW information current as at 1 January 2023

NT information current as at 1 January 2023

QLD information current as at 1 January 2023

SA information current as at 1 January 2023

Tas information current as at 1 January 2023

Vic information current as at 11 April 2023

WA information current as at 1 January 2023

"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.