ACT
See section 141. The lease must not contain any provisions preventing or restricting the tenant from carrying on business outside the shopping centre either during or after the term of the lease.
NSW
See sections 37 and 59.
Section 37. Subject to exceptions, a retail shop lease must not contain a provision that limits the tenant's right to employ a person of its own choosing.
Section 59. The lease must not contain a provision restricting the tenant from carrying on business outside the RSC either during or after the expiry of the lease.
NT
See section 74 - similar to NSW.
A provision in a retail shop lease is void to the extent that it has the effect of preventing or restricting the tenant from carrying on business outside the retail shopping centre, either during the term of or after the expiry of the lease.
This section does not operate to prevent a lease or other agreement from containing a provision that prevents the use of the name of the retail shopping centre in connection with a business carried on outside the shopping centre.
QLD
No mention in the Act.
General law restraint of trade applies.
SA
See section 59. The lease must not contain a provision restricting the tenant from carrying on business outside the RSC either during or after the expiry of the lease.
TAS
No mention in the Code.
VIC
See section 74. Similar to NSW.
WA
No mention in the Act and no prohibition. General law restraint of trade applies and reasonable restraint permitted.
Definitions and currency