The Act binds the crown

ACT

No mention in the Act.

NSW

See section 83. The Act binds the Crown in right of New South Wales and, in so far as the legislative power of Parliament permits, the Crown in all its other capacities.

NT

See section 4. The Act binds the Crown in the right of the Northern Territory, and, to the extent the power of the Legislative Assembly permits, the Crown in all its other capacities.

QLD

See sections 10 and 12. The Act binds all persons including the Crown (Qld) and, so far as Parliament permits, the Commonwealth and the other States. The Act applies to all leases of retail shop premises in Queensland:

  • regardless of where the lease is entered into; and
  • even though the lease purports to be governed by a law other than Queensland law.

SA

See section 4(2)(d). The Act does not apply if the lessee is:

  • an ADI;
  • a body corporate authorised by law to carry on the business of insurance;
  • the Crown or an agency or instrumentality of the Crown in right of the State, another State or Territory, or the Commonwealth; or
  • a municipal or district council or other authority with powers and functions of local government.

The Act also does not apply to a lease entered into on or after the relevant date where the lessor is:

  • the Crown or an agency or instrumentality of the Crown in right of the State; or
  • a municipal or district council or other authority with powers and function of local government,

and the lessee is of a class specified by the regulations for the purposes of section 4(2)(g) of the Act.

TAS

No mention in the Code.

VIC

See section 14. Similar to NSW.

WA

See section 5. The Act binds the Crown in the right of WA and, insofar as the legislative power of Parliament permits, the Crown in all its other capacities.

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.