Following on from our recent discussion of the proposed extensive changes to the Retail Shop Leases Act 1994 (Qld) (‘the Act’) which were reintroduced in October last year, we can confirm that the Education, Tourism and Small Business Committee has now tabled a report endorsing the proposed changes.
The report recommends that the Retail Shop Leases Amendment Bill 2015 (Qld) (‘the Bill’) be passed. However, it also makes a number of suggestions about matters it believes should be considered in greater detail prior to the second reading debate for the Bill including:
- when an assignment is deemed to have been entered into;
- clarification of the new disclosure obligations for sub-lease and franchise arrangements; and
- whether allowing a lessor to dispute a lessee’s termination of a lease on the basis of defective disclosure would have an undue impact upon the lessee who, pending resolution of the dispute, will be obliged to continue fitting out the premises and to pay rent.
We will now wait for the Bill to come before the Parliament again. At this stage, it is unlikely the Bill will become law before March 2016.