Statute Details
- Title: Lease Agreements for Retail Premises Regulations 2023
- Act Code: LARPA2023-S708-2023
- Type: Subsidiary legislation (SL)
- Authorising Act: Lease Agreements for Retail Premises Act 2023
- Enacting Minister: Minister for Trade and Industry
- Made Date: 31 October 2023
- Commencement: 1 February 2024
- Current Version: Current version as at 27 Mar 2026
- Key Provisions: Sections 1–3 (citation/commencement; prescribed periods for declarations and complaints)
- Legislative Purpose (high level): Sets time limits for (i) submitting declarations of “permitted deviation” and (ii) filing complaints of non-compliance under the Act
What Is This Legislation About?
The Lease Agreements for Retail Premises Regulations 2023 (“Regulations”) are subsidiary legislation made under the Lease Agreements for Retail Premises Act 2023 (“Act”). In practical terms, the Regulations do not create a new regulatory regime from scratch. Instead, they operationalise specific procedural requirements in the Act by prescribing strict time periods for key steps in the compliance and dispute process.
Retail leasing is often characterised by standard-form agreements, commercial pressure, and the need for certainty in how lease terms are negotiated and documented. The Act establishes leasing principles and a compliance framework for lease agreements and related arrangements. The Regulations then specify how quickly parties must (a) submit a declaration when they rely on a “permitted deviation” from leasing principles, and (b) file complaints of non-compliance with an authorised dispute resolution body.
For lawyers advising landlords, tenants, or industry participants, the Regulations are important because deadlines can determine whether a party can invoke a permitted deviation and whether a complaint can be heard. Even where the substantive issue is arguable, missing a prescribed period may prevent the procedural pathway from being used.
What Are the Key Provisions?
Section 1: Citation and commencement provides that the Regulations are cited as the “Lease Agreements for Retail Premises Regulations 2023” and come into operation on 1 February 2024. This matters for practitioners because it fixes the start date for applying the prescribed periods to lease agreements and settlement agreements signed on or after commencement.
Section 2: Prescribed period for submission of declaration of permitted deviation is the core compliance timing provision. The Act contains mechanisms allowing certain departures from leasing principles, but only if the relevant declaration is submitted within a prescribed period. Section 2 sets that period at 14 days.
Under section 2(1), for the purposes of section 6(3)(a) of the Act, the prescribed period for submitting a declaration of permitted deviation is 14 days after the date the lease agreement is signed by the landlord and the tenant. This is a clear “from signing” clock. Practitioners should therefore treat the signature date as the trigger point, not the date of execution by the last party to sign unless the agreement is signed simultaneously or the contract documentation clearly records the relevant signing date.
Section 2 also addresses settlement agreements. Under section 2(2), for the purposes of sections 23(4)(a) and 24(4)(a) of the Act, the prescribed period for submitting a declaration of permitted deviation is 14 days after the date the settlement agreement is signed by the parties. This is significant in disputes or negotiations where parties resolve issues through settlement: if the parties intend to rely on permitted deviation concepts in connection with the settlement, the declaration must be submitted promptly after signing.
Section 3: Prescribed period for filing complaint of non-compliance sets the deadline for initiating a complaint process. For the purposes of section 9(2)(a) of the Act, a complaint of non-compliance must be filed with an authorised dispute resolution body within 14 days after the relevant trigger event.
Section 3 distinguishes between two categories of alleged non-compliance, reflecting different triggers in the Act:
- Section 3(a): For an alleged non-compliance with a leasing principle under section 2(4)(a) or section 2(4)(b) of the Act, the complaint must be filed within 14 days after the date the lease agreement is signed by the landlord and the tenant.
- Section 3(b): For an alleged non-compliance with a leasing principle under section 2(4)(c) or section 2(4)(d) of the Act, the complaint must be filed within 14 days after the date of the alleged non-compliance with the leasing principle.
This distinction is crucial. Where the alleged non-compliance is tied to the agreement’s signing (for certain leasing principles), the clock starts at signature. Where it is tied to the occurrence of the non-compliance event itself (for other leasing principles), the clock starts at the date the non-compliance is said to have occurred. Practitioners should therefore carefully map the alleged breach to the correct category in the Act to avoid an argument that the complaint is time-barred.
In summary, the Regulations impose a consistent 14-day period for both declarations and complaints, but with different starting points depending on whether the trigger is the signing date or the date of the alleged non-compliance.
How Is This Legislation Structured?
The Regulations are structured in a short, functional format, consisting of three sections:
- Section 1 deals with citation and commencement.
- Section 2 prescribes the period for submitting a declaration of permitted deviation—both for lease agreements and for settlement agreements.
- Section 3 prescribes the period for filing a complaint of non-compliance with an authorised dispute resolution body, including the different trigger dates depending on the leasing principle alleged to have been breached.
Notably, the Regulations do not set out substantive leasing principles themselves; those are contained in the Act. Instead, they focus on procedural timing—an approach typical of subsidiary legislation that supports a primary regulatory statute.
Who Does This Legislation Apply To?
The Regulations apply to parties who enter into lease agreements for retail premises and to parties who participate in the Act’s compliance and dispute mechanisms. In practice, this includes landlords and tenants (and, where relevant, parties to settlement agreements connected to retail leasing disputes).
The Regulations also affect legal representatives and dispute resolution stakeholders because they determine when documents must be filed and when complaints must be lodged. Since complaints must be filed with an authorised dispute resolution body, the Regulations indirectly govern the procedural intake timelines for those bodies as well.
Why Is This Legislation Important?
Although the Regulations are brief, they are legally significant because they impose strict, short deadlines—only 14 days—for two key procedural steps. In compliance regimes, timing provisions often operate as gatekeeping rules. For example, a declaration of permitted deviation submitted after the prescribed period may be challenged as procedurally defective, potentially undermining a party’s ability to rely on permitted deviation under the Act.
Similarly, a complaint of non-compliance filed outside the prescribed period may be rejected or treated as time-barred, limiting access to the dispute resolution pathway. For practitioners, this means that case strategy must be aligned with the procedural calendar. Early assessment of whether a leasing principle is implicated, and whether the alleged non-compliance falls into the “signature-date trigger” or the “event-date trigger” category, becomes essential.
From a transactional perspective, the Regulations encourage disciplined documentation and internal compliance processes. Landlords and tenants should ensure that (i) the date of signature is clearly recorded, (ii) any declaration of permitted deviation is prepared and submitted quickly after signing, and (iii) any potential non-compliance issues are identified promptly so that complaints can be filed within the 14-day window.
Finally, because the Regulations commenced on 1 February 2024, practitioners should consider transitional issues in ongoing negotiations or disputes involving lease agreements signed around that date. The commencement date affects whether the prescribed periods apply and from when the deadlines should be calculated.
Related Legislation
- Lease Agreements for Retail Premises Act 2023 (authorising Act; contains leasing principles, permitted deviation framework, and complaint/dispute provisions)
- Legislation Timeline / Versioning (to confirm the applicable version as at the relevant date)
Source Documents
This article provides an overview of the Lease Agreements for Retail Premises Regulations 2023 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.