Moss Review of the Retail and Commercial Leases Act 1995
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Consultation has concluded
About
This engagement has closed for comment. Thanks for your interest and stay tuned for updates.
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We want to hear your feedback on the Moss Review of the Retail and Commercial Leases Act 1995.
What is being decided?
The State Government is seeking responses from key stakeholders, industry groups and individuals before formalising its position on the recommendations set out in the Moss Review of the Retail and Commercial Leases Act 1995 (PDF, 3.3MB). The Review puts forward a total of 20 recommendations, including:
The threshold for the application of the Act should continue to be determined by theContinue reading
About
This engagement has closed for comment. Thanks for your interest and stay tuned for updates.
---------------------------
We want to hear your feedback on the Moss Review of the Retail and Commercial Leases Act 1995.
What is being decided?
The State Government is seeking responses from key stakeholders, industry groups and individuals before formalising its position on the recommendations set out in the Moss Review of the Retail and Commercial Leases Act 1995 (PDF, 3.3MB). The Review puts forward a total of 20 recommendations, including:
The threshold for the application of the Act should continue to be determined by the amount of the rental and not by the lettable area. The Small Business Commissioner (SBC) should monitor the marketplace and make recommendations for the alteration of the threshold amount (if necessary) every 2 years.
The rental threshold amount should be exclusive of GST.
A shop leased for an amount under the rental threshold should be considered a small business, even if it is part of a larger franchise, brand or group.
There should be no change to land tax provisions.
Security should be by way of three months’ rental.
All bank guarantees provided as security by lessees should be held by the SBC.
The role of the SBC should be expanded to include the right to mediate and, if necessary, determine disputes under the Act up to $100,000, with a possible appeal to South Australian Civil and Administrative Tribunal (SACAT). The jurisdiction of the Magistrates Court to deal with matters under $100,000 should be revoked. In the alternative, the jurisdiction to determine such disputes should lie with SACAT.
Interested parties are invited to provide their views on any of the 20 recommendations, and make any further comments or suggestions which they consider necessary or relevant.
All submissions received will be considered by the Small Business Commissioner in the preparation of recommendations to the Government to make changes to the Retail and Commercial Leases Act 1995.
