Reducing red tape for retail shop leases: Review of the business tenancies (Fair Dealing) Act

This consultation is now closed.

The Northern Territory Government is seeking comments from the public on a proposal to streamline the regulation of retail shop tenancies.

The purpose of the Business Tenancies (Fair Dealings) Act (the Act) is to establish a regulatory framework that promotes greater certainty, fairness and clarity in the commercial relationship between landlords and tenants in certain small business tenancies.

The Act commenced operation on 1 July 2004. A mandatory review of the Act was undertaken in 2011 which lead to Government seeking further comments from stakeholders in 2013 on possible amendments to the Act as well as any further issues concerning the Act’s operation.

Stakeholder feedback would suggest that while the policy objectives of the Act remain valid, the Act is not necessarily the most appropriate vehicle for securing those objectives.

Against the background of the existence of other legislative schemes which generally cover business interactions (including the recent extension of protections against unfair contract terms to small businesses by the Commonwealth) and a general desire of Government to reduce unnecessary red tape, a discussion paper has been developed that proposes the repeal of the Business Tenancies (Fair Dealings) Act and establishment of a Code of Practice for certain matters specific to retail shop leases under Part 13 of the Consumer Affairs and Fair Trading Act.

The closing date for comments and feedback on the proposal is 31 January 2016.

Download the discussion paper:  Reducing Red Tape for Retail Shop Leases:  Review of the Business Tenancies (Fair Dealings) Act   PDF (1.9 MB)

Submissions should be sent to:

Director Legal Policy
Department of the Attorney-General and Justice
GPO Box 1722
DARWIN NT 0801

Or by email to Policy.AGD@nt.gov.au