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Review of the Retail And Commercial Leases Act 1995

Amendments to the Retail and Commercial Leases Act 1995 and Building and Construction Industry Security of Payment Act 2009

At the conclusions of the current Parliamentary sitting on Thursday 30 November 2017, amending bills for both of the above Acts were awaiting consideration in the Legislative Council of the SA Parliament after having passed through the House of Assembly.

Both bills have now lapsed. But it remains the Small Business Commissioner's position that the changes proposed under the two bills will be recommended to the Government of the day post the March 2018 election.

The changes were announced by the Minister for Small Business, Hon Martin Hamilton-Smith MP and his media release can be found here.

The original bills and second reading speeches can be found below.

Building and Construction Industry Security of Payment (Review) Amendment Bill 2017

Building and Construction Industry Security of Payment (Review) Amendment Bill 2017 Second Reading Speech

Retail and Commercial Leases (Miscellaneous) Amendment Bill 2017

Retail and Commercial Leases (Miscellaneous) Amendment Bill 2017 Second Reading Speech



A review of the Retail and Commercial Leases Act 1995 (the Act) was completed in April 2016. Retired District Court Judge Alan Moss conducted the review (the Moss Review), which makes 20 recommendations on a broad range of issues relating to the Act.

Submissions on the recommendations set out in the Moss Review closed on 26 August 2016.

The Small Business Commissioner reviewed the submissions and made a report to the Minister for Small Business.

Submissions received are listed below, unless confidentiality has been requested.

The Moss Review dated 14 April 2016 can be found here and the Retail and Commercial Leases Act 1995 and Regulations can be found here.

View the Ministers News Release dated 24 May 2016 here



Master Builders South Australia

Buffalo Motor Inn

Pathology Australia

Jack Eskenazi

A & N Chehade Family Trust

Pathology Australia

Andrew Milchem

Motel Mount Gambier




Suzanne Grae



Subway Realty Pty Ltd

Electronics Boutique Australia Pty Ltd


The Lease Bureau



SA Lease Management

Cue Clothing Co.

District Council of Grant


Business SA

Parish Property Consultants

Cohen Group

Workskil Australia

Law Society of SA

Resolution Institute

JLL Australia


Survey and Spatial Sciences Institute South Australia

Michael Psarros

Real Estate Institute of South Australia


Robert Saunders & Associates

Property Council of Australia

Harold Gallasch

Australian Property Institute

Jewellers Association of Australia

Liquid Property Consultants

Pharmacy Guild of Australia

Shopping Centre Council of Australia

Scentre Group

Australian Retailers Association

Local Government Association of South Australia

Bennett Garson Conveyancing


Australian Hotels Association (SA)

Crown Lands Program, Department of Environment, Water and Natural Resources

Australian Institute of Conveyancers (SA Division)


Franchise Council of Australia

SA Independent Retailers

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