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
A & N Chehade Family Trust
Motel Mount Gambier
Subway Realty Pty Ltd
Electronics Boutique Australia Pty Ltd
The Lease Bureau
SA Lease Management
Cue Clothing Co.
District Council of Grant
Parish Property Consultants
Law Society of SA
Survey and Spatial Sciences Institute South Australia
Real Estate Institute of South Australia
Robert Saunders & Associates
Property Council of Australia
Australian Property Institute
Jewellers Association of Australia
Liquid Property Consultants
Pharmacy Guild of Australia
Shopping Centre Council of Australia
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