Retail Leases Regulation 2022

1 Name of Regulation

This Regulation is the Retail Leases Regulation 2022.

2 Commencement

This Regulation commences on 1 January 2023.

3 Definition

In this Regulation—

the Act means the Retail Leases Act 1994.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

4 Retail shop businesses—the Act, s 3(1)

For the Act, section 3(1), definition of retail shop, paragraph (a), the businesses specified in Schedule 1 are prescribed.

5 Transitional provision—the Act, s 84B(2)

If premises become a retail shop because of the commencement of this Regulation, the Act, Part 8, Division 2 applies to—

(a)  a lease of the premises entered into before the commencement of this Regulation, and

(b)  a lease of the premises entered into under an option granted or agreement made before the commencement of this Regulation.

Schedule 1 Retail shop businesses

section 4

Adult books and toy shops

Aged care product shops

Amusement and entertainment services

Antique shops

Art galleries

Art supplies shops

Arts and crafts shops

Baby supplies shops

Bakeries or bread shops

Balloon shops

Bar accessories shops

Barbecue equipment shops

Barbers

Batteries shops, other than motor vehicle batteries

Beach wear shops

Beauticians

Beauty shops

Beauty therapists

Beer, wine and spirit shops

Bicycle accessories shops

Bicycle shops

Biscuit bar shops

Bookshops

Boot and shoe repairers

Bridal wear sales and hire shops

Building supplies shops

Business machines and equipment shops

Butcher shops

Cake shops

Camping equipment shops

Candle shops

Cards shops

Carpet shops

Chandler shops

Cigarette shops

Clock shops

Coffee, tea and other non-alcoholic beverage shops

Coins and coin collections shops

Comic shops

Confectionery shops

Convenience food shops

Cookie shops

Cosmetics shops

Costumes and formal wear hire shops

Curtain shops

Delicatessen shops

Department stores

Dinnerware shops

Disposals shops

Drapery shops

Dry cleaners, collection centres for dry cleaning or laundry services

Duty free shops

Electrical appliance shops

Electronic equipment and supplies shops

Engravers

Equestrian wear shops

Equipment hire shops

Fairy shops

Fast food shops

Fast-photo processors

Firearms shops

Flag shops

Floor covering shops

Florist shops

Flower shops or allied goods and services

Fruit and vegetable shops

Fruit juice shops

Funerary goods shops, including incense and joss sticks

Furniture shops

Games and hobbies shops

General stores

Gift shops

Gift-wrapping shops

Golf equipment shops

Greengrocer shops

Grocery shops

Gymnasiums and fitness centres, including yoga, barre, pilates and dance studios

Haberdashery shops

Hairdressers

Hardware shops

Health food shops

Hearing aid shops

Hot water system shops

Household appliance and house appliance repairs shops

Household fixtures and fittings shops

Ice cream shops

Interior decoration shops

Internet cafes

Jewellery shops

Key cutting shops

Kitchenware shops

Knick-knack shops and novelties shops

Leather goods shops

Lighting shops

Linen shops

Lingerie shops

Lottery agencies

Manchester shops

Map shops

Martial arts supplies shops

Mixed business shops

Motor vehicle and motor cycle accessories shops, excluding tyre shops and batteries shops

Music or musical equipment shops

Nail bars

Newsagency shops

Nut bar shops

Office equipment shops

Optical goods or services shops

Optometrists

Organ shops

Paint and paper shops

Party shops

Patisserie or pastry shops

Pawnbroking shops

Perfume shops

Pet shops, pet grooming and supplies shops and aquarium shops

Pharmacy shops

Photocopy shops

Photographic equipment and supplies shops

Picture frames shops

Plumbing supplies shops

Pools and spas shops

Poultry shops, including fresh, frozen or cooked poultry

Precious stones shops

Prints and posters shops

Religious goods shops

Restaurants, cafeterias, coffee lounges, food courts and other eating places

Retail post offices

Rubber stamp supply shops

Seafood shops

Second-hand goods shops

Sewing machine shops, including sewing materials, needlepoint and craft-related items

Shoe and boot repair shops

Shoe shops

Shops selling or engaged in providing any one or more of the following goods or services in relation to any person—

(a)  accessories,

(b)  baby wear,

(c)  bags,

(d)  caps,

(e)  clothing,

(f)  clothing alterations,

(g)  underwear,

(h)  sunshades

Shops selling or renting any one or more of the following goods—

(a)  cassettes,

(b)  musical instruments,

(c)  pre-recorded tapes,

(d)  records,

(e)  video tape and pre-recorded music libraries downloading,

(f)  CDs,

(g)  DVDs,

(h)  other similar products

Shops selling or renting any one or more of the following goods—

(a)  telecommunications, including mobile phones or services,

(b)  televisions,

(c)  videos,

(d)  home entertainment systems,

(e)  software,

(f)  electronic games,

(g)  computers,

(h)  computer products,

(i)  household appliances

Silverware shops

Sleepwear shops

Small bars with a maximum patron capacity of 120

Smallgoods shops

Snack bars

Soft drink shops

Soft furnishing shops

Souvenir, trophy and memorabilia shops

Specialised food shops

Sporting goods shops

Stamps and stamp collection shops, whether for purchase or sale or both

Stationery shops

Supermarkets

Surfboard shops

Surfing accessories shops

Takeaway food shops

Tobacconist shops

Toy and game repair shops

Toy shops

Travel agency or travel services

Umbrella shops

Underwear shops

Variety stores

Vitamin shops

Wall decorations shops

Watch shops

Water filter shops

Wig shops

Writing materials shops

Schedule 2 Amendment of Retail Leases Act 1994 No 46

Schedule 1 Retail shop businesses

Omit the Schedule.