Despite the general trend over the past decade of reducing the amount of government regulation, retail tenancy regulation is one area where the amount of regulation has increased exponentially over the same period.

Each Australian state and territory has its own retail tenancy legislation that governs almost every aspect of the relationship between retail landlords and their tenants. Tasmania has a regulatory Code of Practice rather than legislation.

• mandatory disclosure requirements prior to signing the lease;

• minimum lease terms;

• the notice to be given of renewal or termination of a lease;

• compensation to tenants for disturbance or relocation during shopping centre redevelopments;

• rent review requirements;

• payment of shopping centre outgoings;

• requirements for the assignment of leases; and

• the process for resolving disputes – generally by voluntary mediation and, if necessary, arbitration by a Retail Lease Tribunal or magistrate.

Notwithstanding these basic common elements, the legislation in each state/territory can differ greatly which obviously imposes unnecessary administrative costs on our members who own centres in a number of states, as well as on retailers who operate nationally.

In an attempt to achieve greater harmony, where possible, the SCCA has been working with the Australian Retailers Association to develop agreed national model approaches on some aspects of retail lease regulation.

We have made some progress, with a Draft voluntary Casual Mall Licensing Code currently being finalised and negotiations underway on model Disclosure Statements for lessors and lessees which can be adopted by all jurisdictions.