ACT
See section 32. The tenant must note on the DS the date it was received, sign the DS and return it to the landlord on the earlier of:
- the time the tenant returns the signed copies of the lease to the landlord; or
- 3 months after the lease is entered into.
NSW
See section 11A. No later than 7 days after the tenant receives the landlord's DS, the tenant must give the landlord the tenant's DS.
The details required to be included in the DS (to the extent that they are relevant to the lease concerned) are set out in the prescribed form. If the lease is a renewal of an existing lease, a written statement ("tenant's disclosure update") which updates the provisions of the earlier tenant's DS given to the landlord, together with that earlier tenant's DS, is considered to be the tenant's DS.
There is a penalty imposed of up to 50 penalty units if the landlord is not given a DS as required.
NT
See section 21. The tenant must provide a tenant's DS within 7 days of having received the landlord's DS or such further period as agreed by the prospective Landlord. Maximum penalty: 100 penalty units.
The details required to be included in the tenant's written DS are prescribed in the Regulations.
If the lease is a renewal of an existing lease, a written statement which updates the provisions of the tenant's DS previously given to the landlord, together with that previous tenant's DS, is considered to be the tenant's DS given at the time the update is given.
QLD
See sections 22A, B, C, D and E.
Section 22A - The tenant must provide the landlord with a DS prior to entering a retail shop lease.
Section 22B - An assignor of a lease must give an assignee a DS at least 7 days before the earlier of the day the assignee enters into the sale agreement or the date the landlord is asked to consent to the assignment. The assignee must give a DS to the assignor before the landlord is asked to consent to the assignment.
However, if the assignee gives a waiver notice to the assignor before an assignment is entered into, the assignor is able to provide the DS at any time before an assignment is entered into (no requirement to be 7 days prior).
See section 22C. At least 7 days before an assignment of a lease, the landlord must give the assignee a DS and copy of the lease.
However, if the assignee gives a waiver notice and a Legal Advice Report before an assignment is entered into, the landlord is able to provide the DS at any time before an assignment is entered into (no requirement to be 7 days prior). A Legal Advice Report is not required for a major lessee.
See section 22D. If the tenant or assignee is not a major lessee, a financial advice report and legal advice report must be given to the landlord before the lease or assignment is entered into.
Section 22E(2) deems a RTD to exist if a person fails to comply with sections 22A-D and QCAT may be approached for an order (time limits apply).
SA
No mention in the Act of a tenant providing a DS to a landlord.
See section 12. The tenant must sign both copies and return one copy to the landlord within 14 days.
See section 45A. An assignor of a lease is to give an assignee and the landlord a DS. The DS is to be given to the assignee before requesting the landlord's consent to the assignment. The DS is to be given to the landlord at the time of the assignor's request for the landlord's consent.
TAS
No mention in the Code.
VIC
No mention in the Act.
WA
There is only one DS in WA and the tenant's disclosure to the landlord forms part of the prescribed DS referred to in section 6(4) of the Act (above). The details required to be disclosed by the tenant are set out in the prescribed form.Section 6(1) requires the tenant to sign the DS as part of the DS having been given in accordance with the Act.
Definitions and currency