Australian Capital Territory
Leases (Commercial and Retail) Regulation 2002    
SL2002-19
made under the
Leases (Commercial and Retail) Act 2001
Republication No 4
Effective:  17 May 2011 – 11 July 2016
Republication date: 17 May 2011
Last amendment made by SL2011‑12

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Leases (Commercial and Retail) Regulation 2002, made under the Leases (Commercial and Retail) Act 2001 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 17 May 2011.  It also includes any commencement, amendment, repeal or expiry affecting the republished law to 17 May 2011.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory
Leases (Commercial and Retail) Regulation 2002
made under the
Leases (Commercial and Retail) Act 2001
    
Contents
	Page
	1	Name of regulation	2
	2	Shopping centres—Act, s 8 (2)	2
	3	Leases to which Act applies—Act, s 12 (1) (k)	3
	4	Leases to which Act does not apply—Act, s 12 (2) (b)	3
	5	Included provisions—Act, s 20 (3)	5
Schedule 1	Lease—standard provisions	6
	1	Interpretation	6
	2	Application of Land Titles Act 1925	6
	3	Term	6
	4	Rent	6
	5	Charges	7
	6	Alterations	7
	7	Maintenance and repairs	7
	8	Assignments, subleases and mortgages	7
	9	Use of premises	7
	10	Inspection of premises	8
	11	Indemnity	8
	12	Removal of tenant’s property	8
	13	Re-entry on default	8
	14	Holding over	9
	15	Dictionary	9
Endnotes
	1	About the endnotes	10
	2	Abbreviation key	10
	3	Legislation history	11
	4	Amendment history	11
	5	Earlier republications	12

Australian Capital Territory
Leases (Commercial and Retail) Regulation 2002     

made under the
Leases (Commercial and Retail) Act 2001

    

  

1	Name of regulation
This regulation is the Leases (Commercial and Retail) Regulation 2002.
2	Shopping centres—Act, s 8 (2)
The group of premises made up of the following 2 groups of premises is prescribed as a shopping centre:
	(a)	the group of premises from time to time comprising a shopping centre on the land described, as at 1 June 2010, as follows:
	(i)	block 1 section 79 division of City; 
	(ii)	block 1 section 51 division of City; 
	(iii)	block 9 section 56 division of City; 
	(iv)	block 3 section 53 division of City; 
	(v)	blocks 1 to 10 section 82 division of City; 
	(vi)	blocks 1 to 3 section 83 division of City; 
	(vii)	blocks 2 and 3 section 38 division of City; 
	(viii)	block 1 section 70 division of City; 
	(b)	the group of premises from time to time comprising a shopping centre on the land described, as at 1 June 2010, as follows:
	(i)	blocks 16 and 17 section 84 division of City; 
	(ii)	blocks 2 to 8 section 94 division of City; 
	(iii)	blocks 10 to 14 section 94 division of City; 
	(iv)	blocks 1 and 3 section 97 division of City.
3	Leases to which Act applies—Act, s 12 (1) (k)
The following premises are prescribed:
	(a)	for the Act—premises under a lease that are used as a service station (whether referred to as a service station, motor service station or in any other way) or for a related purpose; and
	(b)	for the Act, section 8 (1) (a) (iii) and section 11 (1) (a)—premises mentioned in the Act, section 12 (1) (d) to (j).
4	Leases to which Act does not apply—Act, s 12 (2) (b)
	(1)	The following leases are prescribed:
	(a)	agreement for lease (and subsequent lease) between P T Limited (ACN 004 454 666) and Commonwealth Funds Management Limited (ACN 052 289 442) (lessors) and Kmart Australia Limited (ACN 004 700 485) (tenant) for premises located at Westfield Shoppingtown Belconnen; 
	(b)	agreement for lease (and subsequent lease) between P T Limited (ACN 004 454 666) and Commonwealth Funds Management Limited (ACN 052 289 442) (lessors) and Coles Supermarkets Australia Proprietary Limited (ACN 004 189 708) (tenant) for premises located at Westfield Shoppingtown Belconnen;
	(c)	a lease for any part of the land that is block 1 section 1 division of Bruce for a term longer than 50 years granted between Calvary Hospital ACT Incorporated (lessor) and Calvary Clinic Pty Limited and any assignee or transferee of Calvary Clinic Pty Limited (tenant);
	(d)	a lease (including any lease resulting from the existence of an option) of premises at block 2 section 13 division of Phillip between Perpetual Trustee Company Limited (ACN 000 001 007) (lessor) and Coles Supermarkets Australia Proprietary Limited (ACN 004 189 708) (tenant);
	(e)	a lease (including any lease resulting from the exercise of an option) of premises at block 4 section 41 division of Griffith between Manuka Plaza Nominees Proprietary Limited (ACN 080 817 438) (lessor) and Coles Supermarkets Australia Proprietary Limited (ACN 004 189 708) (tenant);
	(f)	a lease (including any lease resulting from the exercise of an option) of premises at block 4 section 41 division of Griffith between Manuka Plaza Nominees Proprietary Limited (ACN 080 817 438) (lessor) and Liquorland Australia Proprietary Limited (ACN 007 512 414) (tenant);
	(g)	a lease (including any lease resulting from the exercise of an option) of premises at blocks 9, 10 and 20 section 52 division of Belconnen between P T Limited (ACN 004 454 666) and Commonwealth Funds Management Limited (ACN 052 289 442) (lessors) and Franklins Management Services Proprietary Limited (ACN 000 052 077) (tenant);
	(h)	a lease of any part of block 4 section 69 division of Lyneham, if the lease is for—
	(i)	premises that are used for horse stables; and
	(ii)	a term of at least 20 years;
	(i)	a lease in the City West precinct between the Australian National University (lessor) and a tenant if—
	(i)	the term of the lease is 30 years or more; and
	(ii)	the permitted use under the lease is the same as the permitted use under the relevant Crown lease; 
	(j)	a lease of premises with a lettable area larger than 1000m2 that is leased to a listed public company, or a subsidiary of a listed public company, that has changed to a proprietary company.
	(2)	In this section:
City West precinct—see the Planning and Development Regulation 2008, section 102.
5	Included provisions—Act, s 20 (3)
The standard provisions are set out in schedule 1.

Schedule 1	Lease—standard provisions
(see s 5)
1	Interpretation
	(1)	An expression used in this lease that is not defined in the dictionary to this lease has the same meaning as in the Leases (Commercial and Retail) Act 2001.
	(2)	Any other expression has the same meaning as in the Legislation Act 2001, except so far as the contrary intention appears.
2	Application of Land Titles Act 1925
The covenants, powers and provisions implied in every lease by the Land Titles Act 1925 do not apply.
3	Term 
The term of this lease is 1 month beginning on the commencement date.
4	Rent
	(1)	The monthly rent begins on the commencement date.
	(2)	Rent for the 1st month is payable on the commencement date.
	(3)	If clause 14 (Holding over) applies, the tenant must pay the monthly rent by equal monthly instalments (and proportionately for any part of the month).
	(4)	The instalments must be paid to the lessor (or as the lessor directs) in advance in full and on the same day of each month.
	(5)	If there is no corresponding day in the relevant month, the monthly rent must be paid on the last day of the month.
5	Charges
The tenant agrees to pay on time all amounts payable by the tenant that are separately charged or imposed in connection with the premises or the tenant’s occupation of the premises.
6	Alterations
The tenant must not make, or allow to be made, any alteration or addition to the premises (whether structural or otherwise) without the written consent of the lessor.
7	Maintenance and repairs
	(1)	The tenant must, to the reasonable satisfaction of the lessor—
	(a)	keep the premises clean and in a tidy condition; and
	(b)	keep the premises and the lessor’s property in good repair; and
	(c)	hand over the premises in good repair at the end of the lease (having regard to the state of repair at the commencement date).
	(2)	Subclause (1) does not apply in relation to damage caused by—
	(a)	fair wear and tear; and
	(b)	fire, storm, lightning, flood or earthquake.
8	Assignments, subleases and mortgages
The tenant may assign, sublease or mortgage the tenant’s interest in the premises only if the tenant has the written consent of the lessor obtained in accordance with the Act.
9	Use of premises
	(1)	The tenant must comply with all laws and requirements of authorities in connection with the premises, the tenant’s business carried on at the premises, the tenant’s property kept at the premises and the use or occupation of the premises by the tenant.
	(2)	The tenant must not—
	(a)	breach a term of the territory lease that applies to the premises; or
	(b)	breach a term of any headlease that the lessor has told the tenant about.
10	Inspection of premises
	(1)	The tenant must allow the lessor, or anyone authorised by the lessor, to enter and inspect the premises at any reasonable time.
	(2)	The lessor must give the tenant reasonable notice of the lessor’s intention to inspect the premises.
11	Indemnity
	(1)	The tenant indemnifies the lessor against all liabilities or losses arising out of any injury to, or damage to the property of, the tenant or its employees, agents, invitees, contractors or licensees while on or entering any part of the premises.
	(2)	Subclause (1) does not apply to any liability or loss caused by the lessor or the lessor’s employees, agents, invitees or contractors.
12	Removal of tenant’s property
	(1)	The tenant must remove all the tenant’s property from the premises at the end of this lease.
	(2)	The tenant must repair any damage to the premises done by the tenant when removing the tenant’s property.
13	Re-entry on default
The lessor may end this lease and recover possession of the whole or part of the premises if—
	(a)	the rent is 1 month or more in arrears; or
	(b)	the tenant is otherwise in breach of this lease.
14	Holding over
	(1)	If the tenant continues to occupy the premises after 1 month after the expiry date for this lease, the tenant—
	(a)	is a monthly tenant at the monthly rent then applying; and
	(b)	occupies the premises on the conditions of this lease.
	(2)	The monthly tenancy may be ended by either party by 1 month’s written notice to the other given at any time.
15	Dictionary
In this lease, unless the contrary intention appears:
Act means the Leases (Commercial and Retail) Act 2001.
commencement date means the date this lease is entered into.
lessor’s property means the property provided by the lessor under this lease.
monthly rent means the amount agreed to be paid by the tenant to the lessor each month under this lease.
premises means the premises the subject of this lease.
tenant’s property means the fixtures and fittings and other property of the tenant in the premises.
territory lease means the Crown lease of the land covered by this lease.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
2	Abbreviation key

A = Act	NI = Notifiable instrument	
AF = Approved form	o = order	
am = amended	om = omitted/repealed	
amdt = amendment	ord = ordinance	
AR = Assembly resolution	orig = original	
ch = chapter	par = paragraph/subparagraph	
CN = Commencement notice	pres = present	
def = definition	prev = previous	
DI = Disallowable instrument	(prev...) = previously	
dict = dictionary	pt = part	
disallowed = disallowed by the Legislative 	r = rule/subrule	
Assembly	reloc = relocated	
div = division	renum = renumbered	
exp = expires/expired	R[X] = Republication No	
Gaz = gazette	RI = reissue	
hdg = heading	s = section/subsection	
IA = Interpretation Act 1967	sch = schedule	
ins = inserted/added	sdiv = subdivision	
LA = Legislation Act 2001	SL = Subordinate law	
LR = legislation register	sub = substituted	
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced	
mod = modified/modification	or to be expired	
3	Legislation history
This regulation was originally the Leases (Commercial and Retail) Regulations 2002.  It was renamed under the Legislation Act 2001.
Leases (Commercial and Retail) Regulation 2002 SL2002-19
notified LR 26 June 2002
s 1, s 2 commenced 26 June 2002 (LA s 75 (1))
remainder commenced 1 July 2002 (s 2)
as amended by
Leases (Commercial and Retail) Amendment Regulations 2004 (No 1) SL2004-19
notified LR 15 June 2004
s 1, s 2 commenced 15 June 2004 (LA s 75 (1))
remainder commenced 16 June 2004 (s 2)
Leases (Commercial and Retail) Amendment Regulation 2011 (No 1) SL2011-12
notified LR 16 May 2011
s 1, s 2 commenced 16 May 2011 (LA s 75 (1))
remainder commenced 17 May 2011 (s 2)
4	Amendment history
Name of regulation
s 1	am R3 LA
Shopping centres—Act, s 8 (2)
s 2	om LA s 89 (4)
	ins SL2011‑12 s 4
Leases to which Act does not apply—Act, s 12 (2) (b)
s 4	am SL2004‑19 s 4; SL2011‑12 s 5, s 6

5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Except for the footer, electronic and printed versions of an authorised republication are identical. 

Republication No and date	Effective	Last amendment made by	Republication for	
R1
1 July 2002	1 July 2002‑
15 June 2004	not amended	new regulation	
R2
16 June 2004	16 June 2004–
1 Nov 2004	SL2004‑19	amendments by SL2004‑19	
R3
2 Nov 2004	2 Nov 2004–
16 May 2011	SL2004‑19	includes editorial amendments under Legislation Act	

©  Australian Capital Territory 2011