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ARTICLE · 03 JUNE 2020

Commercial leases – How will Queensland address the issue?

Bennett & Philp Lawyers
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To consider how the Queensland government will address the Code, we can consider what NSW has already implemented.

AustraliaReal Estate and Construction
Jacob Duane
Jacob Duane
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NSW was the first state to regulate commercial leases following the Mandatory Code of Conduct (Code). The new regulation (Regulation) took effect from 24 April 2020 and will apply for six months.

To consider how the Queensland government will address the Code we can consider what NSW has implemented.

What commercial leases are covered?

  1. retail shop leases; and
  2. commercial leases for the leasing of land or premises for commercial purposes.

The Regulation does not apply to leases entered into after 24 April 2020, except if it was an option to extend or renew the lease.

How does the NSW Regulation apply?

It offers protection to an "impacted lessee" who:

  1. qualifies for the JobKeeper Scheme; and

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