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Review of the Retail And Commercial Leases Act 1995

Amendments to the Retail and Commercial Leases Act 1995

Changes to the Retail and Commercial Leases Act 1995 were announced by the former Minister for Small Business, Hon Martin Hamilton-Smith MP in July 2017. Read his media release here

At the conclusion of the Parliamentary sitting on Thursday 30 November 2017, the amending bill for the Act was awaiting consideration in the Legislative Council of the Parliament of South Australia after passing through the House of Assembly.

The bill has now lapsed and the new Government is considering its position on the matter. 

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

Retail and Commercial Leases (Miscellaneous) Amendment Bill 2017

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

Background

In May 2016, the then Minister for Small Business, Hon Martin Hamilton-Smith MP announced a review of the Retail and Commercial Leases Act 1995, read his media release here

The review was completed in April 2016 by retired District Court Judge Alan Moss. His report, the Moss Review, 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.

 

SUBMISSIONS RECEIVED

Master Builders South Australia

Buffalo Motor Inn

Pathology Australia

Jack Eskenazi

A & N Chehade Family Trust

Pathology Australia

Andrew Milchem

Motel Mount Gambier

Dymocks

Mandana

Nando's

Suzanne Grae

Sussan

Sportsgirl

Subway Realty Pty Ltd

Electronics Boutique Australia Pty Ltd

Subway

The Lease Bureau

Gametraders

Optus

SA Lease Management

Cue Clothing Co.

District Council of Grant

Registrar-General

Business SA

Parish Property Consultants

Cohen Group

Workskil Australia

Law Society of SA

Resolution Institute

JLL Australia

Valuer-General

Survey and Spatial Sciences Institute South Australia

Michael Psarros

Real Estate Institute of South Australia

Lease1

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

Anonymous

Australian Hotels Association (SA)

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

Australian Institute of Conveyancers (SA Division)

Coles

Franchise Council of Australia

SA Independent Retailers

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