The NSW Government is looking at the law covering retail leases,
the Retail Leases Act 1994 (NSW). Similar reviews of equivalent
Acts have taken place in states such as Victoria, Queensland and
Western Australia.
The Office of the NSW Small Business Commissioner and Registrar
of Retail Tenancy Disputes suggests that the retail sector is
changing.
They say retailers face new challenges such as rapidly growing
online sales and overseas retailers entering the market.
The following issues are listed amongst those being
considered:
- Information asymmetry – this relates to the claimed lack
of information currently available to retailers when entering into
a lease. For example, side deals (incentives negotiated between the
parties) are not registered, making it hard for retailers to
determine the whole of the true financial deal for other tenancies
from looking at the register. The review asks whether information
about side deals should be in a publicly
