ACT
See section 12(2)(c). The Act does not apply to leases where the term is less than 6 months unless the lease is a "continuous occupation lease".
NSW
See section 6A. The Act (excluding sections 11-12A) applies to short-term leases where the tenant has been in possession or is entitled to be in possession of a retail shop without interruption for more than 1 year.
NT
No distinction made regarding short-term leases (except leases for a term of less than 6 months which are excluded from the Act).
QLD
See section 20A. Only the interpretation (Parts 1-3) and trading hours provisions of the Act (Part 7) apply to leases where the total term is less than 6 months (including options but excluding holding over).
SA
See section 20B-20C. The minimum 5 year term does not apply to a short-term lease (less than 6 months). Division 3 of the Act - which only applies to leases in a retail shopping centre - does not apply to short-term leases.
The Amendment Act which took effect on 1 July 2020 has clarified that a period of holding over for longer than 6 months also does not imply a new 5-year term.
TAS
No mention of "short-term leases" in the Code.
The Code applies to all "leases" as defined (in section 1) being:
- any agreement for occupation of retail premises, whether for a term, periodically or at will; and
- a licence/other agreement to use the common area of a shopping centre for more than 6 months.
Note: The Code refers to "property owner" as opposed to "landlord" or "lessor". “Property owner” is defined as "a person who grants a right of occupancy of premises under a lease".
VIC
No distinction made regarding short-term leases (except leases for a term of less than 1 year and where the tenant is not in possession for 1 year or more are excluded from the Act).
WA
See section 3. The Act applies to all "retail shop leases" whether for a term or by way of periodic tenancy or a tenancy at will and whether or not in writing.
As a result even a monthly lease attracts the Act and will continue to do so.
While the Act applies in all other respects, the statutory option for a guaranteed 5 year term in section 13 does not apply to short-term leases where the same tenant has been continuously in possession of the same premises for an aggregate term of less than 6 months.
Definitions and currency