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Under the Retail and Commercial Leases Act 1995, all security bonds must be lodged with the Small Business Commissioner

The Office of the Small Business Commissioner provides information and assistance to Lessors and Lessees on their legislative rights and obligations under the Retail and Commercial Leases Act 1995 and promotes the resolution of disputes wherever possible.

The following forms are to be used for Retail and Commercial Bonds. Please submit original forms with signatures of all relevant persons. If you have any queries, please do not hesitate to Contact us for further information.

 

Agent's Authority (Signatories) form

Used to record authorised signatories for retail and commercial transactions in each real estate office.

 

Retail and Commercial Lodgement of Security Bond form

Used to provide details of security bonds to be lodged with the Office of the Small Business Commissioner, as required under the Act. Retail bond payments can be lodged via Direct Debit Request (DDR) or cheques made payable to the Retail Shop Leases Fund.

 

Direct Debit Request (DDR) form - Once-off Authority

Individuals lodging a security bond can request to have the full amount of the bond debited from their nominated bank account. This is a once-off request.

 

Direct Debit Request (DDR) form - Ongoing Authority

Agents managing a number of properties and lodging multiple bonds can establish a direct debit service agreement with the Office of the Small Business Commissioner.

 

Multiple Bond Lodgement Summary form

Agents that have submitted and entered into a DDR Ongoing Authority agreement can lodge multiple bonds with a Multiple Bond Lodgement Summary form. The signature on this summary form must be an authorised officer as nominated on the Agent's Authority (Signatories) form.

 

E-Notify form

This form is used by Agents to request electronic notification of retail and commercial bond transactions from the Office of the Small Business Commissioner.

 

Retail and Commercial Security Bond Refund form

This is the application form to apply for the refund of a bond held by the Office of the Small Business Commissioner. A refund will be provided via cheque or EFT payment once all requirements and original signatures are verified. Refunds will only be paid out via EFT if the refund form is accompanied by an EFT Payment Request form (see form below).

 

Lessee EFT Payment Request form

Retail bonds can be refunded via Electronic Funds Transfer (EFT) into the Lessee's nominated bank account. Where there are multiple Lessees (Tenants), a separate Lessee EFT Payment Request form is to be lodged and signed by each Lessee (Tenant).

 

Agent / Lessor EFT Payment Request form

Retail bonds can be refunded via Electronic Funds Transfer (EFT) into the nominated bank account. Agents or Lessors will only need to register bank account details and request for EFT once. A change of bank account details will require a new form to be submitted.

 

Retail and Commercial Notification of Change of Lessee form

In accordance with the Act, the Office of the Small Business Commissioner must be notified of a change of Lessee for a rental premises. Signatures of previous and new Lessees must be present on the form.

 

Retail and Commercial Notification of Change of Lessor / Agent form

In accordance with the Act, the Office of the Small Business Commissioner must be notified of a change of Lessor or Agent for a rental premises. Signatures of previous and new Lessor / Agent must be present on the form.

 

Disbursement of a bond

A bond will only be disbursed when both parties have given consent. If a party to a bond wishes to dispute a claim against the bond, they must negotiate a settlement with the claimant. This can occur within the dispute resolution services of the Office of the Small Business Commissioner or by applying to the Magistrates Court to determine the matter.

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