ACT
See section 28. The landlord must give the tenant a copy of the proposed lease as early as practicable in negotiations for the lease.
This obligation does not apply if the tenant has given (or indicated an intention to give) a copy of the proposed lease to the landlord.
NSW
See section 9. A person, as landlord or on behalf of a landlord, must not offer to enter into a retail shop lease, invite an offer to do the same or advertise that a retail shop is for lease, unless the person holds a copy of the proposed retail shop lease in written form (but not necessarily including particulars of the tenant, the rent or the term of the lease), and if the Regulations provide, a copy of a retail tenancy guide prescribed by or identified in the Regulations for the purpose of making the lease available for inspection by a prospective tenant as soon as the person enters into negotiations.
There is a penalty of up to 50 penalty units if a person breaches section 9 of the Act.
The copy of the retail tenancy guide is to be either an officially printed guide or a version from a website of a government department or authority or from a website identified in the Regulations.
NT
See section 17. The landlord (or anyone acting on behalf of the landlord) cannot offer to enter into a lease, invite an offer to enter into a lease from a tenant or advertise (written or broadcast) a retail shop is for lease, unless the person has in his or her possession a copy of the proposed retail lease form available for inspection by a prospective tenant and the person makes a copy of the proposed lease available to the prospective tenant as soon as the person enters into negotiations with the prospective tenant concerning the lease.
Maximum penalty: 100 penalty units.
QLD
See section 21B. A landlord is required to provide the tenant with a draft lease and disclosure statement at least 7 days before the tenant enters into a lease.
However, if the tenant gives a waiver notice and a Legal Advice Report before the tenant enters into the lease, the landlord is able to provide the draft lease and disclosure statement at any time before the tenant enters into the lease (no requirement to be 7 days prior).
If the tenant is a major lessee, a legal advice report is not required to accompany the waiver notice.
SA
See section 11. Similar to NSW, but with the added obligation to provide an information brochure published by the Small Business Commissioner to the lessee.
TAS
See section 5(2). The landlord must provide the tenant with a copy of the proposed lease and Code as early as practicable in the negotiations.
VIC
See section 15. Where a landlord offers to enter into a retail premises lease, or advertises by any means that retail premises are for lease, the landlord, a person acting on behalf of the landlord or a prospective landlord must as soon as he enters into negotiations give the proposed tenant a copy of the proposed lease in writing (but not necessarily including particulars of the tenant, the rent or the term of the lease) and a copy of the information brochure (if any) published by the Small Business Commission. Penalty: 50 penalty units.
However, the above requirements do not apply to a renewal of lease.
See section 17. A landlord will be required to give a tenant a copy of the proposed lease in writing, including particulars of the tenant, rent and term of the lease) at least 14 days before "entering into" the lease. If the proposed lease contains any changes from one previously provided, the differences must be noted, or the landlord will commit an offence and be liable for substantial financial penalties.
WA
See section 6. The landlord must give the tenant (as part of the prescribed requirements for a DS as detailed below) a copy of the landlord's form of "lease" document at least 7 days before the "lease is entered into".
As noted above the definition of "lease" in the Act is very broad and would include an offer to lease.
Definitions and currency